Cross-examination of Officer Richard Aston (part 2)

📄 Cross-examination of Officer Richard Aston (part 2) — Monday, January 6, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\6\CROSS-EXAMINATION-OF-OFFICER-R.DOC

TRIAL

▲ Day 36 of 57

◀ Cross-examination of Officer Richard Aston (part 1) Direct examination of investigator Marlow ▶

Witness: Richard Aston
Examiner: Robert Baker
Called by: Prosecution • Date: Monday, January 6, 1997 • Utterances: 102

Medvene cross-examined Officer Aston about his surveillance of the Bronco at Rockingham and whether he could rule out that Fuhrman went over the wall. The key concession extracted was that Aston knew Fuhrman went over the wall but simply didn't recall observing it himself. Baker then used redirect to undermine Aston's blood smear testimony, pressing him on the exact location and size of the alleged smear on the center console.

# 1 A:

I'm not super familiar with the interior design and the engine compartment of the Frod Bronco, but I would assume that you're correct.

# 2 MR. BAKER:

That's all I have for right now, Your Honor. CROSS-EXAMINATION BY

# 3 Q:

Officer Aston, I want to show you a document headed at the top Los Angeles Police Department Vehicle Investigation Report.

# 4 THE CLERK:

Do you need a new number?

# 5 MR. MEDVENE:

Yeah.

# 6 THE CLERK:

2306.

# 7 MR. MEDVENE:

2306. (The instrument herein described as Document entitled Los Angeles Police Department Vehicle Investigation Report was marked for identification as Plaintiffs' Exhibit No. 2306.)

# 8 Q:

(BY MR. MEDVENE) Can you look at that report and let me know who submitted that report?

# 9 A:

It's noted that Officer Gonzalez and myself initiated the report.

# 10 Q:

And is -- is that the impound report that you were making reference to earlier that was being prepared while you were watching the Bronco?

# 11 A:

Yes.

# 12 Q:

And what does that impound report show next to the words alternator and battery?

# 13 A:

Indicates that it's unknown.

# 14 Q:

Was one of your jobs or assignments while you were at Rockingham to keep the Bronco in view at all times?

# 15 A:

Yes.

# 16 Q:

And did you do that?

# 17 A:

Yes.

# 18 Q:

And from approximately what time to approximately what time did you keep the Bronco within sight?

# 19 A:

From before 6:00 when the investigators entered onto the property, a brief break as I transported Detective Lange to Bundy, and then from that point up until we finally left the location for good. That would be between, perhaps 5:45, 6 o'clock and 8:00 or a little later.

# 20 Q:

And during that period of time, did you -- while you were watching the vehicle, did you ever observe anyone enter the vehicle?

# 21 A:

Nobody entered the vehicle.

# 22 Q:

Ever observe anyone try to enter the vehicle?

# 23 A:

Nobody touched the vehicle.

KEY QUOTE

# 24 Q:

And prior to the time you left, and included within the time you were watching the vehicle, you yourself looked at the vehicle, as I understand your answer to his -- Mr. Baker's questions; is that correct?

# 25 A:

Yes.

# 26 Q:

And you observed blood inside the vehicle where you told Mr. Baker you observed blood inside the Bronco or what appeared to be blood; is that correct?

# 27 A:

Yes.

# 28 Q:

Now, you never entered the premise; is that right Officer Aston?

# 29 A:

That's correct.

# 30 Q:

And while some -- as I recall your testimony, 15 to 30 minutes after the officers originally entered you saw some officers and Ms. Simpson, were you in a position where if there was any conversation you could overhear it?

# 31 A:

No.

# 32 Q:

After the officers entered and during that 15 to 30 minutes before you again saw the officers with Ms. Simpson, do you know whether or not the officers with Ms. Simpson entered the Rockingham house from the rear? Do you know one way or the other?

# 33 A:

No, I don't.

# 34 Q:

Is it correct, sir, that you're not saying Detective Fuhrman did not go over the wall, you were just saying you didn't observe him while he was going over the wall?

# 35 MR. BAKER:

Your Honor, this is leading.

# 36 THE COURT:

Overruled.

# 37 A:

I don't recall him scaling the wall or climbing a fence. I may have observed it. I just don't remember seeing it.

# 38 Q:

So you're not saying he didn't do it, you're saying only you didn't see it?

# 39 A:

That's correct.

# 40 MR. BAKER:

I object. That misstates his testimony.

# 41 THE COURT:

Sustained.

# 42 MR. BAKER:

Move that the answer be stricken.

# 43 THE COURT:

He didn't see it, it may remain.

# 44 Q:

(BY MR. MEDVENE) So the record is clear, Officer Aston, are you saying now, at this point, that you -- you are not saying Detective Fuhrman didn't go over the wall, you didn't see him when he went over the wall?

# 45 THE COURT:

Why don't you ask a question, Mr. Medvene, instead of trying to testify for him.

# 46 MR. MEDVENE:

Yes, Your Honor.

# 47 Q:

(BY MR. MEDVENE) Do you know whether or not Detective Fuhrman went over the wall at some point, that you did not observe?

# 48 A:

Yes --

# 49 Q:

You say what --

# 50 A:

-- I know that he went over the wall or climbed a fence, but I don't recall him doing that.

KEY QUOTE

# 51 Q:

In your presence?

# 52 A:

Correct.

# 53 MR. BAKER:

Can I get that last answer reread, please.

# 54 MR. MEDVENE:

Thank you very much. I have nothing further. (Court reporter attempts to reread testimony but is unable to read loud enough due to laryngitis.) (Laughter.)

# 55 THE COURT:

Sorry. Mr. Baker, maybe you could go over.

# 56 MR. BAKER:

I'll peer over your shoulder. (Indicating to court reporter.) (Mr. Baker reviewed computer real time screen.) REDIRECT EXAMINATION BY

# 57 Q:

So your testimony here in this courtroom, Officer Aston, is you may have seen him go over the wall, you just don't recall it, right?

# 58 A:

That's correct.

# 59 MR. MEDVENE:

Objection, that misstates his testimony.

# 60 THE COURT:

Overruled.

# 61 Q:

(BY MR. BAKER) Now, how many times in your career have you watched officers clamber over a wall into an estate of a celebrity?

# 62 A:

I can't recall any other time.

# 63 Q:

You just kind of went blank on seeing Fuhrman going over the wall; you just don't know whether he did or didn't, right?

KEY QUOTE

# 64 A:

It's three years ago. I haven't testified before.

KEY QUOTE

# 65 MR. BAKER:

I apologize, Your Honor, I have to reopen on one small area.

# 66 THE COURT:

Um-hum.

# 67 Q:

(BY MR. BAKER) Where you were standing when you say you saw the smear on the console, were you and the other six LAPD members over on the driver's side of the vehicle?

# 68 A:

I can't recall whether it was on the left-hand side or the right-hand side or the passenger side or the driver's seat side of the console. I can -- I remember distinctly when seeing it, knowing that it probably had occurred or had been applied when the driver had utilized the console as a booster to be able to exit the vehicle, but I -- but I can't recall whether it was a passenger side seat or the driver side.

# 69 Q:

So what you recall is it was right in the center, right? Let me show you a photo that was taken on August 14 --

MR. P. BAKER: 10th.

# 70 Q:

(BY MR. BAKER) August 10, 1994.

MR. P. BAKER: Exhibit 1420.

# 71 Q:

(BY MR. BAKER) If you look at the monitor, sir, this is taken obviously from the passenger side of the vehicle. Is it your testimony that the blood stain was on the center console in the indented area?

# 72 A:

No, sir; it was -- I said it was either on the side, right side or the left side of the console.

# 73 Q:

This or that, correct?

# 74 A:

Yes.

# 75 Q:

In other words, where somebody would wrap their hand around the edge of the console to, as you say, boost themselves out of the vehicle?

# 76 A:

That's the impression I got, yes.

# 77 Q:

You don't have a recollection whether it was on the driver's side or the passenger's side, correct?

# 78 A:

That's correct.

# 79 Q:

How big was it, two inches by four inches? Was it a quarter inch by an eighth of an inch? What did you see?

# 80 A:

I believe it was a -- perhaps three-quarters of an inch wide, perhaps, a little more or less, and approximately three inches, four inches long.

# 81 Q:

And you saw absolutely no blood drops on the indented area, because that's exactly where you were looking when you looked into that Bronco, true?

# 82 A:

I don't recall seeing any blood drops on the exact center of the console.

# 83 Q:

When I say "exact center," I mean anyplace on the top portion of the console, including the indented area and down, as it slopes down towards the front of the vehicle. Do you see any blood drops in there whatsoever, sir?

# 84 A:

From this picture, no, I don't.

# 85 Q:

Did you, on June 13, 1994, see any blood drops on that center console?

# 86 A:

Blood drops, no.

# 87 Q:

And you don't see any blood smears on that console, on, certainly, on the right-hand side, do you?

# 88 A:

That's correct.

# 89 Q:

You don't see any blood in that picture whatsoever, do you?

# 90 A:

Well, the focus isn't so sharp; but no, I don't.

# 91 Q:

It was your testimony that the blood drop that you say you saw was in front of the instrument panel, in between the steering wheel and the windshield, right?

# 92 A:

Yes.

# 93 MR. BAKER:

Nothing further.

# 94 MR. MEDVENE:

Nothing further. We'd move in 2306.

MR. P. BAKER: We'd move in 1801.

# 95 MR. MEDVENE:

What's 1801?

MR. P. BAKER: His report, Phillips'.

# 96 THE COURT:

Okay. Received. (The instrument previously marked as Plaintiffs' Exhibit 2306 was received in evidence.) (The instrument previously marked as Defendants' Exhibit 1801 was received in evidence.)

# 97

THE COURT: Ten minutes' recess, ladies and gentlemen. Don't talk about the case. Don't form or express an opinion. (Recess.)

# 98 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this Court, shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 99 RICHARD ASTON:

I do.

# 100 THE CLERK:

And, sir, would you please state and spell your name for the record.

# 101 RICHARD ASTON:

My name is Otis Marlow, O-t-i-s M-a-r-l-o-w. DIRECT EXAMINATION BY

MR. P. BAKER:

# 102 Q:

Good afternoon, Mr. Marlow.

Temperature

tense

Key Quotes (4)

Officer Aston

I know that he went over the wall or climbed a fence, but I don't recall him doing that.

Aston concedes Fuhrman did go over the wall — he just didn't personally witness it. This is the key concession Medvene was building toward.

Officer Aston

It's three years ago. I haven't testified before.

Aston's explanation for his memory gaps, offered in response to Baker's sarcastic redirect about 'going blank' on Fuhrman scaling the wall.

Mr. Baker

You just kind of went blank on seeing Fuhrman going over the wall; you just don't know whether he did or didn't, right?

Baker attempts on redirect to reframe the Fuhrman concession as general memory failure rather than confirmation that it happened.

Officer Aston

Nobody touched the vehicle.

Aston's unequivocal statement that no one entered or approached the Bronco during his watch — key to chain-of-custody integrity.

Evidence (3)

Plaintiffs' Exhibit 2306

LAPD Vehicle Investigation Report (impound report for the Bronco), co-submitted by Officer Gonzalez and Officer Aston

introduced and received into evidence

Exhibit 1420

Photo of Bronco interior taken August 10, 1994, showing center console from passenger side

displayed on monitor during redirect to challenge blood smear location

Defendants' Exhibit 1801

Officer Phillips' report

received into evidence at close of examination

Notable Exchanges (2)

Mr. Medvene•Officer Aston•Judge Fujisaki

Medvene attempts to lock in that Fuhrman went over the wall even if Aston didn't see it. Baker objects it's leading (overruled), then objects the follow-up misstates testimony (sustained). Judge Fujisaki reprimands Medvene for 'trying to testify for him.' Aston ultimately concedes he knows Fuhrman went over the wall but doesn't recall observing it.

strategic

Mr. Baker•Officer Aston

On redirect, Baker drills into the blood smear on the console — its exact location (driver vs. passenger side), whether it was on the indented area, and its size (~3/4 inch wide, 3-4 inches long). Aston confirms he saw no blood drops on the console top, only the smear on the edge.

methodical

Light Moments (1)

Court reporter (unintentional)

After Baker asked for the last answer to be reread, the court reporter attempted to read it back but could not be heard due to laryngitis, causing laughter in the courtroom. Baker ended up walking over to read the real-time screen himself.

Credibility Attacks (2)

⚔ Officer Aston

memory reliability / prior inconsistent framing

Baker on redirect highlighted that Aston could neither confirm nor deny seeing Fuhrman go over the wall, characterizing it as 'going blank' — an unusual memory lapse given the extraordinary circumstances of watching officers scale a celebrity's wall.

⚔ Officer Aston

precision of observation

Baker used the August 10 Bronco photo to press Aston on the exact location of the blood smear (driver vs. passenger side of console), getting Aston to admit he couldn't see blood in the photo and couldn't pinpoint which side he'd observed the smear on.

Witness Demeanor

(Laughter.) — courtroom reaction after court reporter cannot read back testimony due to laryngitis

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 8750 • 102 utterances • Prosecution witness

Civil Trial

Department 103