Yes.

You were employed by the LAPD on June 12, 1994?

Yes.

And on June 13, 1994, correct?

Yes.

Now, on June 12, 1994, did you and your partner, Officer Gonzalez, go to 875 South Bundy?

Yes, we did.

And did you knock doors at that location?

Yes.

And did you see your partner playing with a dog at the corner of Dorothy and Bundy?

Playing with a dog?

Yes.

No.

What was he doing with the dog?

I didn't see my partner with a dog at all.

Never saw him with a dog?

No.

Now, how long were you at Bundy?

Approximately two hours, perhaps a little more.

And what time did you arrive?

A little after midnight, perhaps 12:30ish.

Left there about 2:30?

3 -- 2:30, 3.

And you actually went up and viewed the body of Nicole Brown Simpson at that location, did you not?

I viewed a body from the roadway itself. I didn't approach it.

Well, you knew that was Nicole Brown Simpson's body when you looked at the body, did you not, sir?

No.

Are you telling us that there wasn't -- well, strike that. How many officers were present when you were there from 12:30 to approximately 3 a.m.?

When I first arrived there must have been approximately four officers, I believe, or five. By the time that I had left, there was substantially more perhaps.

20 to 30?

I don't think that many.

There were over 20 officers when you left at 3 o'clock, were there not, sir?

I don't recall that number.

Is it your testimony that you had no conversations with any LAPD officer that was at the scene that the body that you viewed from Bundy was the body of Nicole Brown Simpson?

I may have been told that later. When I first viewed the body, I had no idea who it was.

Maybe you can answer my question. Is it your testimony that between the time you arrived there at 12:30 and the time you left at 3, you didn't know that one of the murder victims was Nicole Brown Simpson?

I believe that I could have been told that it was O.J. Simpson's wife, but I did not know her name either.

Well, you knew this was a high-profile celebrity homicide before you left at 3 o'clock in the morning, did you not, sir?

Well, I didn't term it that way in my mind. Obviously, the name was familiar to me.

And now is it your testimony that what you did was knock doors between 12:30 and 3?

Objection, that misstates what he said, Your Honor.

Overruled.

No, I did not.

(BY MR. BAKER) Well, you had some conversations with other LAPD officers. There was a bunch of them standing around at Dorothy and Bundy, were they not?

There were officers in two separate locations. One of them was at Bundy and Dorothy.

And you were down there at Dorothy and Bundy, were you not?

Yes, I was.

And you were talking to the other officers at Dorothy and Bundy about what was going on at the crime scene, were you not?

I actually spoke with officers at Bundy and Montana.

My question was, you were down at the corner of Dorothy and Bundy talking to other officers about what was going on at the crime scene; that's true, is it not?

Yes.

Now, you also went up to Montana and were talking to officers about what was going on, right?

Yes.

And when you left the crime scene, did you make any written report about what you had seen at 875 South Bundy?

Yes.

Have you ever seen that since?

Approximately 15 minutes ago I saw a facsimile of it.

That's the only time you've seen it?

Yes.

The one in your handwriting?

Yes.

What time did you arrive at Rockingham on the morning of June 13, 1994?

Approximately 5 a.m.

Did you get there before the other detectives got there, that is Phillips, Fuhrman, Lange and Vannatter?

No.

They were there?

Yes.

Had they gone over the wall by the time you arrived?

No.

Did you -- by the way, who showed you your statement a couple minutes ago?

Gentleman behind the apparatus there in the middle.

Mr. Foster?

Yes.

Had you talked to anybody about your testimony from the plaintiffs' side before you got here today?

Yes.

Who?

Mr. Medvene and Mr. Otis Marlow.

Otis Marlow, he was -- at the time in June of 1994, he was an LAPD officer?

I don't know.

Was he a friend of yours?

I've never seen him before a couple weeks ago.

Now, when did you talk to Mr. Medvene?

Yesterday, by telephone.

When did you visit with Mr. Medvene before yesterday by telephone?

I've never seen Mr. Medvene.

When did you talk to Marlow?

Approximately two, three weeks ago.

And did he indicate to you he was a former LAPD officer who is now -- who had investigated the Simpson case as an LAPD officer who is now a private investigator working for the plaintiffs?

Did he say that he worked as an investigator on the case?

Yes, as an LAPD officer?

No, he did not.

He didn't disclose that to you?

No.

All right. Now, how long did you talk to Marlow?

Approximately 45 minutes.

And did you go over the police -- LAPD impound report?

No.

Did you discuss with Marlow what you saw on the night of June 13, 1994 and heard at the Rockingham address?

I don't believe so.

Now, so it's your best recollection as you sit here today that you arrived at the Rockingham address at approximately 5:00 in the morning, right?

Yes.

It was dark out, correct?

Dawn was beginning to break, but yes, it was dark.

Now, how did your vehicle get to the Rockingham address? Did you come up Sunset?

Yes.

Did you turn on Rockingham?

Yes.

And where did you park your -- were you driving?

Yes.

And you parked your vehicle where?

At the corner of Rockingham and Ashford but on Rockingham.

MR. P. BAKER: Civil 116. The board. (Exhibit 116 is displayed.)

(BY MR. BAKER) Your vehicle was parked about where the word avenue is on 116?

More to the point where -- the point where the diagram cuts off at an angle, there's kind of a triangular grass section or island, and I parked facing south on Rockingham against that curve.

Over in this area? (Indicating.)

Yes.

So you turned your vehicle around?

Yes.

All right. Now, when you arrived at Rockingham, how many police vehicles were there?

I believe two unmarked vehicles. There were no other black-and-white patrol vehicles.

Any other vehicles on the scene?

Yes. Westec Security vehicle was there, perhaps two, I can't recall.

Did you -- when you arrived, where were the four detectives?

Standing within the roadway, almost at the place where I stopped the vehicle.

Out by the corner of Ashford and Rockingham?

Yes.

Now, at that point in time, did you go back over by the Ashford gate before Fuhrman went over the wall?

Yes.

Did you hear the conversations of the four detectives relative to what they were talking about before they elected to go over the wall to Mr. Simpson's property?

Some of the conversation, yes.

And you heard them discuss that there might have been a kidnapping, a murder, Mr. Simpson might have been bleeding inside the house, you heard that discussion?

Objection, Your Honor, calls for hearsay evidence.

I'll allow it since the witness has testified previously.

It's also not relevant.

Overruled.

I can't recall the exact nature of the conversation although I do remember there being some concern about what could have perhaps occurred on the inside.

(BY MR. BAKER) And did Fuhrman take you down to the -- to the Bronco and show you anything that he thought was indicative of possible foul play?

We went as a loose group to the vehicle, yes.

So in the loose group -- did that include you and Officer Gonzalez?

Yes.

Anybody else in that loose group?

All of the rest of the investigators, I believe that the Westec officer had I believe, by that point.

Okay. So -- so, I want to set the scene. Then what you're telling this jury is that when you went down to the Bronco, it was not just you and it was not just Officer Gonzalez, you all, that is all six of you went down to that vehicle to inspect it at the same time, right?

Yes.

Okay. And from what you were led to believe, Fuhrman -- well, strike that. Fuhrman had come back from looking at the -- at the Bronco and requested that you guys come down there and show -- strike that -- come down to the Bronco so that he could show you all what he had found, right?

Yes.

So your impression, when all six of you together go down towards the Bronco, is that he is now going to point out to you something that he thinks was amiss with that vehicle, right?

Objection, Your Honor, calls for conclusion, lack of foundation asking for his --

Sustained. He may testify as to what he did or what he saw.

(BY MR. BAKER) Your state of mind at the time that you parked at the point of Rockingham and Ashford, down to -- down to the -- down to the Bronco, was that Fuhrman was going to point out something to you and the other detectives, correct?

Objection, Your Honor, relevance, his state of mind.

Overruled.

I'm not quite sure what I expected. I was just naturally curious, and there was something to be seen, I assumed.

(BY MR. BAKER) And so that I'm clear, then did you and the other three detectives from -- plain clothes detectives and you and officer Gonzalez go directly to the left front door of the Bronco?

Yes.

So there was no walking any place but from the point between Ashford and Rockingham out in the street and directly to the left front door and looking at a purported spot over the driver door handle, right?

That's correct.

And you thought when you saw it, this is something of real significance, right, this mark above the door handle, that was your state of mind?

Objection, relevance, immaterial, the case is not about probable cause.

Overruled.

I made no determination as to its significance at all.

(BY MR. BAKER) Well, did you make any significance to anything that was pointed out to you on the Bronco?

Yes.

All right.

Now, is this a good time, Your Honor? I see --

Okay, ladies and gentlemen, 1:30. Please don't talk about the case, don't form or express any opinions. (At 12:00 p.m. a recess was taken until 1:30 p.m. of the same day.) SANTA MONICA, CALIFORNIA; MONDAY, JANUARY 6, 1997 1:45 P.M. DEPARTMENT NO. WEN HON. HIROSHI FUJISAKI, JUDGE APPEARANCES: (PER COVER PAGE.) (REGINA D. CHAVEZ, OFFICIAL REPORTER) (Jurors resume their respective seats.)

Your Honor, may Mr. Baker and I approach without a reporter for a second?

Yes. (A bench conference was held which was not reported.)

Thank you, Your Honor. DIRECT EXAMINATION (CONTINUED) BY

Officer, what did you speak with Mr. Marlow about for 45 minutes, when you spoke to him a couple weeks ago?

He explained to me who he was and who he represented. He explained that he was an ex-officer and he basically explained to me what I was to expect with regards to questioning.

Well, what did he tell you you were to expect?

That the focus, probably, of the question would be with regards to the Bronco at the Rockingham scene.

Did he talk to you about the impound report?

He asked me if I prepared it, I believe.

And you observed it being prepared by your partner, correct?

I saw him preparing it, yes.

Now, you -- is this a document that you reviewed this morning?

I saw this paper, yes, for a few seconds.

Have you reviewed anything else in preparation for your testimony?

Nothing.

Now, you gave a statement to Detective Ron Phillips, did you not?

Yes.

You ever seen that?

No.

Now, that was part of your official police duties, was it not? Let me give you a copy of it.

MR. P. BAKER: That's 1801. (The instrument herein described as statement of Officer Aston was Marked for identification as Defendant's Exhibit No. 1801.) (Exhibit 1801 handed to witness.)

(BY MR. BAKER) When did you give that interview to Detective Ron Phillips?

A short time prior to the criminal trial.

January of 1995, right?

Quite possible.

And did you give it the same time as officer Gonzalez gave his statement to Ron Phillips?

I don't know.

Were you both in the room at the same time?

No.

Do you recall giving your statement to Phillips?

Yes.

You were alone?

I was within the detective office at West Los Angeles, so -- but we were talking together.

And was it recorded?

I don't believe so.

Now, you, in giving that statement to detective Phillips, you had a fairly clear recollection of events of the night of June 13, 1994, correct?

Somewhat, yes.

And you didn't indicate to Detective Phillips that all six of you officers went to the Bronco together, did you?

I can't remember what I said, and I haven't read this yet.

Well, look at page 2 of your statement, and down to the third paragraph from the bottom. It says went over to the Bronco, parked on Rockingham with his partner Gonzalez and Detective Fuhrman. Never mentions Phillips, never mentions Lange, never mentions Vannatter, does it?

No, it does not.

So is it your testimony now that all six of you were together that morning, sir, when you went over to observe the Bronco?

Yes, it is.

And that's your best recollection, right?

Yes.

Did you tell Phillips that all six of you, including him, went over to the Bronco together when you gave this statement in January of 1995?

I believe so.

So it had to be Phillips who made the error because you have a clear recollection that all six of you went over there at the same time, true?

Objection, misstates what he said. The statement speaks for itself. It doesn't say everyone who was there. It says two people that were there.

That's argumentative, Your Honor.

Sustained.

(BY MR. BAKER) Is it your view now, in looking at the statement that you gave in January of 1995, that Phillips was wrong and he did not mention the fact that you had informed him that you went with him as well as all of the other detectives?

You don't know why it's omitted?

Correct.

Now, was anybody else there at the scene besides the four detectives, yourself, and Officer Gonzalez, before 7 o'clock in the morning?

Yes.

Who?

Two I recall, Westec officers.

From LAPD? Sorry, poor question.

I'm sorry?

Was anybody else from LAPD there between the time you arrived at around 5 o'clock in the morning and 7 a.m. in the morning of June 13 at 360 North Rockingham?

Not that I can recall.

Detective Roberts never came by?

I don't know who Detective Roberts is.

Didn't see any other detective other than the four that you're aware of that includes Vannatter, Lange, Phillips and Fuhrman, right?

That's correct. That's all I can recall.

And you certainly knew Fuhrman and Phillips before because you worked out of West LA, correct?

Yes.

Now, after you got there and you walked down -- well, strike that. After you arrived, how long was it before you went down to the Bronco?

I can't say accurately. I can approximate.

Sure, give me an estimate.

20, 15 minutes.

So 5:15, 5:20, thereabouts?

Yes.

And how long after you went down to the Bronco was it before Fuhrman went over the wall?

Well, the gate. Did you see him go and actually scale the gate on Ashford and go into Mr. Simpson's property?

I don't recall him doing that.

Now, Phil, could you get me the aerial photo that shows Rockingham as well as Bundy.

(BY MR. BAKER) Now, after you were -- all six of you went to the Bronco, how long were you there around the Bronco?

Ten minutes, perhaps less.

Ten minutes at the Bronco to look at this little spot above the driver's door handle?

Objection, Your Honor, misstates ten minutes, perhaps less.

Overruled.

That span of time wasn't spent predominantly looking at the blood spot on the door handle.

Well, did you -- did you see any other blood spots, for example, on the door sill?

I don't recall seeing any blood on the door sill.

Well, now, did you have a discussion with your partner, Dennis Gonzalez (sic), that he saw these spots through the bottom crevice on the driver's side door of the Bronco; did you have any discussion about that at all?

No.

Did he indicate to you that he had seen blood spots any place on the Bronco other than at the door sill?

Objection, calls for hearsay.

It's not to prove --

Overruled.

(BY MR. BAKER) Door handle, I'm sorry.

Asked about the conversation of a previous witness testifying on the same subject.

It wasn't so much that we discussed it. As we were around the vehicle itself, we could see into it at the same time, and from what we saw -- the general discussion was what we saw inside the vehicle.

Okay. Now, all six of you were there these ten minutes and had this general discussion about what was inside the Bronco, correct?

Yes.

All right. Now, you -- Did anyone get into the Bronco?

No.

Did anyone attempt to get into the Bronco?

Nobody touched it.

So you don't know if the Bronco is locked or unlocked, right?

That's correct.

And nobody knew if the Bronco was locked or unlocked, right?

Objection, calls for speculation, lack of foundation as to what others knew.

Sustained.

(BY MR. BAKER) Are you telling this jury, Officer Aston, that there were six officers from the LAPD around there, they determined that there was what they thought was a blood spot over the left door handle of this Bronco, that they thought that there might be some emergent situation going on in Mr. Simpson's house, and not one of the six checked the door handle of the Bronco?

Objection, Your Honor, the question is argumentative, to form, and also misstates what the witness said.

Sustained.

Same Objection, Your Honor.

Overruled.

I don't know of any reason why anybody would want to go into the vehicle at that point anyway.

(BY MR. BAKER) All right. Let's get into that a little bit. Now, you told Officer Phillips when you gave a statement to him, that you thought there was a blood smear on the console, did you not?

Well, I saw one, or what appeared to be one, yes.

So you thought that there was a blood smear on the console and you didn't think there was any reason to get into the Bronco, right?

That's right.

Now, did you talk to your partner because he said -- Dennis Gonzalez testified there were two large drops on the console?

Objection, calls for hearsay, he's having to speculate on what other --

Sustained.

(BY MR. BAKER) Did you talk to -- strike that. Let me ask you this: In your experience can you take a leather glove and turn blood drops into a smear?

Objection, Your Honor.

Sustained.

Foundation.

(BY MR. BAKER) So all six of you are looking into this vehicle, you see a blood smear on the center console and don't see any drops, right?

What do we mean when you're talking about a console, are we talking about a dash or a center console or -- I'm not quite sure about that.

All right. Let's look your statement. Look at page 2 of your statement, down towards the bottom, second paragraph from the bottom.

Phil, you want to put that up.

Objection to putting it up, Your Honor. No indication it's impeaching.

I can't hear you.

No indication it's impeaching. It's not in evidence at this point.

Okay. Sustained. Ask a question.

(BY MR. BAKER) Have you read that paragraph?

Yes, I have.

Are we talking about the center console, Officer Aston?

Yes.

Did you see a smear any place else? You can't recall whether or not we were talking about the center console or anything else?

No, I didn't see a smear but I saw a drop somewhere else.

Now, you said you noticed a smear on the center console, right?

Yes.

And that's what you noticed when you were out there on June 13, 1994. Absolutely no one got into that Bronco and you saw a smear on the center console, right?

That's correct.

Now, you saw a blood drop on the dashboard area between the steering wheel and the windshield, right?

Yes.

Did anybody else see anything, any blood drop in that area, that you talked to, on June 13, 1994, when you were standing out there by the Bronco?

Objection, lack of foundation, calls for conclusion, speculation what others saw, Your Honor.

Sustained.

(BY MR. BAKER) Did you have a discussion with anybody that you made this discovery and that nobody else said that's a blood drop, that's no blood drop, did you have anything like that?

Yes.

And nobody confirmed what you thought was a blood drop was a blood drop, correct?

I believe that everybody saw the same thing I did.

Okay. So there was a blood drop, as far as you are aware, between the steering wheel and the windshield, right?

Yes.

All right. And you were clear that it was there, true?

True.

No doubt about it whatsoever, correct?

Correct.

All right. And then you -- you then checked -- you're the person that actually checked to see who the ownership of this vehicle was?

I can't recall. I believe it would be either myself or Officer Gonzalez.

Do you have a recollection of that?

No.

Look at last paragraph, page 2. You check with your MVT and found that the vehicle belonged to Hertz, right?

That's right.

You have a recollection? That refreshes your recollection? In fact, in reviewing this statement, you don't have any indication that anything contained in this statement is incorrect, true?

That's correct.

Everything contained in this statement, as far as you are aware, is true and accurate as to what you told Officer Phillips or Detective Phillips in January of 1995, true?

Yes.

All right. Now, then you were the one that requested SID to come to Rockingham?

I don't believe I would have the authority to do that.

Well, if a detective directed you, you'd call and make sure that SID got there, right?

Yes.

And did you do that in this case or not?

I don't know.

You don't have a recollection one way or the other, true?

That's true.

Now, you do recall at the Rockingham site seeing officers, that is the detectives, go around to the north side of the house, and around and into the back, correct?

No.

You have no recollection of that?

From where I was standing I had an opportunity to be able to see them go into the property and walk along the pathway. From that point on, the view was blocked, I didn't see where they went from there.

So you just saw them on the north side of the house going along the pathway?

Yes.

What time was that approximately?

Approximately, 5:45, 5:30.

Now, when you were -- after you had observed this blood smear on the center console, and this drop you say you saw on the instrument panel between the steering wheel and the windshield, did you then go back to the area around the intersection of Ashford and Rockingham?

Yes.

Did you remain there throughout the time that you were at Rockingham until you left the first time?

Yes.

Did you walk down to the Ashford gate or not?

I had approached it once, I think, just prior to that. I don't even think that I got onto the full court area of the driveway.

Now, when you came back after your first -- your initial time at the Bronco, was there a discussion out in front of the Ashford gate concerning whether or not there was an emergent situation in Mr. Simpson's estate?

Objection, relevance, materiality, goes to probable cause which is not an issue in this case, Your Honor.

You may answer yes or no.

It's hard to do that. The actual drop wasn't in the gate when I was -- got there. They were more in the larger portion of the intersection itself.

Maybe you didn't understand the question. I apologize. Let me see if I can ask it again. After -- not when you got there, after you'd gone down to the Bronco, all six of you, and were there about ten minutes, and you came back up towards the intersection, did you not?

Yes.

And was there subsequently a conversation in front of the Ashford gate relative to whether or not there was some sort of emergent situation in Mr. Simpson's house?

I don't have a distinct memory of that.

If others testified that they stood there and discussed, after they rang the bell, about the emergent situation in Mr. Simpson's house, you wouldn't disagree with that?

Objection, Your Honor.

Sustained.

(BY MR. BAKER) You have no recollection of hearing the conversation about the emergent situation in Mr. Simpson's house?

No.

And you have no recollection of seeing Mark Fuhrman go over the gate, right?

That's correct.

And you were -- after you came back from the excursion from the Bronco, you remained in the area between the Ashford gate and Rockingham, right?

Well, I positioned myself such that I could see the Bronco from that point.

And you could see the Bronco from your vantage point, basically on the point there between Rockingham and Ashford, right?

Approximately, yes.

That's where you stayed, right?

Yes.

And you didn't hear any discussions about whether or not Fuhrman was going to go over the wall?

Not that I recall.

And you didn't see him go over the wall?

I don't remember seeing him.

And you didn't know that he went over the wall at all the night of June 13, 1994, right?

That's correct.

Never had any idea that this detective that you knew from the West Los Angeles Police Department had jumped the wall and entered Mr. Simpson's estate while you were standing guard out here at the point between Ashford and Rockingham, right.

I don't recall seeing him climb a gate or scale a wall.

You don't have any recollection that he even did that on the night of June 13, true?

That's true.

Okay. But you do recall seeing the detectives from your vantage point, going on the north side of Mr. Simpson's property, up the pathway and then lost sight of them, right?

Yes.

And what time was that, did you say, I'm sorry?

Approximately 5:30, 5:45.

And how -- and how long was it until they came back with Arnelle Simpson?

I don't know specifically.

Estimate. 5 minutes, 10 minutes, 15, half hour, hour?

It's hard for me to say. Approximately, between 15 to 30 minutes. I don't know.

So sometime between 6 and 6:15?

I don't know.

Now, you observed the detectives walk back with a black female that was later identified to you as Arnelle Simpson, right?

Yes.

And they walked around the path and down into the driveway, did they not?

Yes.

Did you see any detective take Arnelle Simpson and lead her over to the Rockingham gate to look at the Bronco?

No.

Did you hear any detective tell Arnelle Simpson that her stepmother had been murdered?

No.

And you saw a group of detectives leading Arnelle Simpson from the north path out towards the driveway area, correct?

I can't recall how many people were with her. I seem to recall there not being -- perhaps one or two.

Why don't you look at page 3 of your statement, fourth paragraph down, and see if that refreshes your recollection.

Okay.

Now, you observed two or three detectives leading her back, right?

That's correct.

Now, you never saw Arnelle Simpson or the detectives go back down the path and toward the rear of the house again after they came forward, isn't that true?

Yes, I believe it to be.

And they entered the house from the front door, didn't they?

I don't know. I couldn't see.

Well, did you ever see the detectives and Arnelle Simpson outside after you saw the detectives escort her around on the north side of the house at all?

Could you repeat that, please.

Did you see Arnelle Simpson or the detectives outside of the house after they were escorting her around on the north side?

Not that I can recall.

And you stayed there and you were to kind of guard the premises, right?

Well, I was basically there to not only make sure that nobody entered, but also to make sure that nobody approached the Bronco, as well, or opened it.

And you stayed at that post for how long?

Approximately an hour to an hour and a half.

Now, during that period for an hour to an hour and a half, when was it that you used your MDT to request a criminalist to come to the scene?

I don't know.

Was it the beginning, was it the middle, was it the end?

I believe towards the later portion.

And the later portion would have been about 7 a.m.?

Perhaps a little earlier. Between 6:00 and 7:00

Well, that's a pretty good bit of time, between 6:00 and 7:00. Can you be more specific about that?

No.

All right. Let's go through it a bit. You got there at 5:00. By 5:45 or thereabouts you saw the detectives going up the path on the north side of the house, correct?

Yes.

You saw within 15 to 30 minutes, 6 to 6:15, you saw them coming back with Arnelle Simpson, correct?

Approximately.

Was it an hour to an hour and a half after that till you left?

Yes.

So it would have been after 7 o'clock?

I can't say. I don't know what time it was that I called.

Well, are there any log sheets that indicate what time you used your MVT . . . yeah, your MVT?

I believe there would be a record of a transmission and time.

There would be a record when you used your MVT to get the ownership of the Bronco as well as when you were communicating with -- to get SID out there, correct?

Yes.

All right. Now, you left Rockingham and drove a detective to Bundy?

Yes, I did. Although I'm not quite sure as to when that happened. I just know that I did.

Now, before you left, did Fuhrman come out and tell you that he'd found a glove back on the south side of the property?

No.

Where was officer -- where was Gonzalez during all this period of time?

I believe he also went on the property, too.

Did he go in the gate?

I believe so.

And you stayed outside the gate?

Yes.

Okay. And did you ever go back down the south side of the property to look to see where a glove was purportedly found?

No.

Did you have any conversations with Gonzalez, your partner, about his allegedly finding a glove?

No.

Did you have any conversations with your partner, Dennis Gonzalez, about the fact that Rockingham was turned into a crime scene at any time?

I don't recall any.

So as far as you were concerned, 360 North Rockingham wasn't a crime scene, the entire time you were there until you left, sometime after 7 o'clock?

No.

Objection, argumentative, misstates the testimony. Didn't say that. Just said he didn't have any conversation with Officer Gonzalez.

Your Honor, if we could have an objection on the Evidence Code in place of Mr. Medvene's speech. I would suggest that's what we ought to do.

It's overruled.

The answer is no.

(BY MR. BAKER) Now, why did you leave your post guarding Rockingham and go to Bundy?

Objection, relevance, materiality, Your Honor.

Overruled.

I was asked to transport, I think, Detective Lange back to Bundy for a short period of time and then return with him.

Well, your vehicle, as I understand it, was over here, right?

No.

Here?

More towards -- further this way, towards the edge of the picture. (Indicating.)

Over here?

No. Come down. Keep going. Keep going.

Here?

That's fine. Right there.

It was pointed north?

It was pointed this way.

South?

Yes.

And it was on the north side of the street?

Yes.

And the two plain -- two LAPD unmarked cars were over here?

I'm not sure where they were positioned. I don't -- I think perhaps one was there, but I don't know for sure.

Did you see Fuhrman get out of the property to get in his vehicle to go to Bundy?

Not that I can recall.

Did you have any discussions as to whether anybody else had gone to Bundy, for example, Fuhrman taking the glove back to see if it matched?

No.

Objection, Your Honor, that assumes facts not in evidence. No fact like that.

Sustained. There's no testimony in that regard.

The testimony is from Ron Phillips, Your Honor.

We'd like there not to be an objection that misstates Ron Phillips testimony, Your Honor.

Sustained.

(BY MR. BAKER) Now, you never saw Fuhrman leave, correct?

That's correct.

You never saw any detective come out and get in an unmarked car and leave, correct?

As far as I can recall, that's correct.

And when you left both unmarked police cars were still there, right?

I believe so.

And so who did you take over to Bundy?

Detective Lange.

And you were going to take him over there and then bring him back to Rockingham. That was your testimony, right?

That's what I did.

So you took him over to Bundy. And what was the purpose in doing that, sir, or were you told?

I didn't ask and I wasn't told.

And how long did Lange stay at Bundy until you took him back to Rockingham?

I think about ten minutes.

Okay. And during that time did you just dutifully sit in your black and white and wait for him?

Yes.

And then you turned around and brought Lange straight back to Rockingham, correct?

Yes.

Do you know approximately what time that was; was that after 7:00?

I don't know. I don't think it was that late. If I can recall by the -- the available daylight, it seemed to be darker than the normal daylight, so I would assume it would be around -- about 6 or perhaps a little earlier, but I'm not sure.

Well, you got there at 5, and then it took some period of time for all six of you to go to the Bronco, and it took ten minutes or so there, and then you saw the detectives go to the north side of the house and come back ten or 15 minutes later with Arnelle. How much after you saw Arnelle Simpson being escorted by the detectives from the north side of house was it until you left Rockingham and made the round trip to Bundy?

I don't know.

Don't have any estimate whatsoever?

Not that would be accurate.

Okay. And you think your best recollection was that it's possibly around 6, huh?

That's an estimate.

And when you came back with Lange, which gate did you pull to at that time?

I believe that I repositioned the police car after allowing him to exit within this small intersection at the same place where I had initially put it in the first place or the first time.

Where did you allow Lange to exit?

I believe within the -- the intersection.

In the area of the intersection of Ashford and Rockingham?

Yes.

And did you watch where he went?

No, I turned the vehicle around and parked it.

Did you ever ask Lange if one of the unmarked LAPD vehicles that was parked there when you left was one of his vehicles and why he couldn't drive himself to Bundy?

No.

And how long did this round trip to Bundy take to deliver Lange and leave him there for ten minutes?

Approximately 15 or 20 minutes.

And then you stayed at Rockingham for how long?

I believe until approximately 8:00, a little after.

And that's when you took Kato Kaelin to West LAPD?

Yes.

And who told to you do that?

I don't believe I was told directly. I believe that Officer Gonzalez had been told by one of the investigators who then relayed that information to me that that's what we would be doing.

Is it your best estimate you got back about 7:30 from Bundy?

To Rockingham?

Yeah. Or is it 6:30. If you say you left at 6, it was a half hour trip, 6:30?

I don't know. I'm trying to give you a best estimate.

Did anybody else -- did you meet up with anybody else at Rockingham during the time that you were there?

As a police officer or as a citizen?

A citizen. Anybody.

There were people who were starting to congregate now.

Well, was there anybody that you kept out of the compound?

Mr. Cowlings did arrive later in the morning, prior to his leaving, and he was prevented from going inside the property.

Which way did Al Cowlings come?

From Sunset.

On Rockingham?

Yes.

And you were standing in the area of the intersection so you could view the Bronco and you could view down Ashford, correct?

By the time that Mr. Cowlings arrived I was back more towards the vehicle, the police vehicle which was --

On Rockingham?

Somewhat farther north.

And at what time did Al Cowlings arrive?

Approximately 7:30, 7:45.

And so you obviously had to be back from this excursion over to Bundy with Detective Lange by then, right?

Yes.

Did you -- by the way, did you ever see Detective Lange again after you dropped him off when you returned to Rockingham?

I don't remember. I don't know.

Now, when you were -- when you were standing out there on Rockingham in the early morning hours of June 13, 1994, that's a pretty quiet area, isn't it?

Yes.

And you heard Mr. Cowlings' vehicle before you saw it, correct?

I remembered the vehicle approaching me fairly rapidly. I don't know whether I heard it first or saw it first.

Did it have its lights on or do you recall?

I don't recall.

It was a white Ford Bronco just like the one you were guarding, wasn't it?

Very similar.

And so you restrained Mr. Cowlings from going in the property, correct?

Yes.

And then you let him in after a little while, true?

I don't think so. I don't remember him going inside.

Didn't you report to anybody that there was a -- any of the detectives inside the property that there was a black male named Al Cowlings that had been requested to come to the property?

Not personally, no.

Did you report it to Dennis Gonzalez or did you report it to the detectives?

Officer Gonzalez was with me.

All right. Did he report to anybody inside that Al Cowlings had been requested to come to the property and could he enter the property?

I don't know if Officer Gonzalez radioed to one of the investigators that Mr. Cowlings had arrived.

Now, you left -- did you say about 8, 8:10?

I believe so.

And was any criminalist there before you left?

Yes.

Who?

I believe his name is Mr. Fung.

Did you talk to Mr. Fung?

No.

Did you do anything relative to Mr. Fung? In other words, did you observe him do anything, did you talk to Gonzalez about anything that Fung was doing?

I saw Mr. Fung apply a Q Tip towards or onto the door handle of the Bronco.

Did you see Mr. Fung apply a Q Tip onto the door sill or the area between where the bottom door sill is to see if there was any blood in that area?

Not distinctly.

Well, indistinctly? Did you see it at all?

I couldn't be certain to say yes, but I -- I'm not sure.

Now, at any time did you see anybody get in the Bronco and pull the hood release and open the hood of the Bronco while you were there?

No.

Is this 1252, 1187?

MR. P. BAKER: Supposed to be. (The instrument herein described as copy of impound report was marked for identification as Defendant's Exhibit No. 1187.)

(BY MR. BAKER) 1187. This is a vehicle impound report, correct?

Yes.

And do you see over here -- in other words, there's certain things that you check on the vehicle impound report so that after the vehicle has been impounded you can tell if those things have been taken or they're missing, correct? For example, it says the seats, inventory, seats, front seats, and yes is checked, correct?

Yes.

And what you do as a police officer in -- in impounding a vehicle is go through the checklist that's on that impound report and make sure you inventory everything that's on the impound report so that in fact it can be ascertained at a later date whether or not all of that equipment was there when the vehicle was actually impounded, true?

That's the premise, yes.

And that's so that the LAPD can't be held responsible if there's no back seat, for example, if an owner comes back after it's been impounded and says, hey, we had a back seat, that kind of thing?

Yes.

That's just one of them. Okay. Now, under the one, two, three -- I guess it's the fourth column where it says battery, alternator, generator, you see that?

Yes.

It's checked yes, isn't it?

Yes, it is.

The only way you can tell whether there's an alternator or battery in this car is if you pop the hood?

Excuse me, that misstates. It says UNK. Doesn't say yes. It says UNK.

I have a different report.

May I see the report?

I have a different report.

This is a report from Officers Ashton and Gonzalez. It says UNK, unknown. No indication that this is this officer's report. Mr. Baker, here's the other exhibit, Gonzalez and Ashton. No indication when that report was done, whether it was done at the impound. Here's another -- here's the report you want to use, the real report right here.

Awful flip today, aren't we?

(BY MR. BAKER) Let me show you this report. At 6/13, that's the date you were there, right, 1994?

Yes.

At 1530 hours, right?

That's what it indicates, yes.

Let me do the questioning. I don't get paid as much as you do. (Indicating to Mr. Medvene.)

I was trying to ask counsel. May I ask through the Court, is that the report that we just furnished to Mr. Baker? If it is and they have a copy, I don't have a copy now because that's my copy. Can I approach the witness, Your Honor?

Do you have an exhibit number for this? Is it 1187? Is that the same report we're talking about?

If the Court please, there's no indication this witness has ever seen that impound report. I would like -- we object to the question on lack of foundation.

Okay, lay a foundation.

(BY MR. BAKER) Now, that vehicle was impounded about 1530 hours on the date of June 13, 1994; isn't that correct, sir? It stayed there from 7:30 in the morning until 3:30 in the afternoon; isn't that true?

If this copy is accurate, then that's what it would indicate, yes.

And on that report that you have in front of you, it's indicated that the battery is in place and that the alternator is in place, correct?

I believe there was an objection to this particular exhibit. Without foundation, sustained.

(BY MR. BAKER) Well, in any event, you would agree the only way that you can determine whether or not the battery or alternator is in the vehicle is to pop the hood, correct?

I don't know whether it's possible to crawl underneath a vehicle and look up through there to find that out.

You ever done that when you impounded a vehicle, looked underneath to see if you can see the battery?

No.

I'm not sure what wa-wa is.

Water, H20. Kind of sits up there where you can get at it?

Sure, yes.

And the alternator is kind of up on top. You know what an alternator is; kind of sits on top, right?

Yes.

In the Ford Bronco vehicle there's an interior hood release; is there not?

I believe so.

And the only way at 1530 hours that anybody could determine whether or not there was an alternator or a battery in that vehicle is to have been in the car, popped the hood release and looked; isn't that true?

Objection, Your Honor, assumes facts not in evidence that anybody at 330 hours said anything about the car and had an alternator.

I don't think that was the question. Overruled.