Direct examination of investigator Marlow

📄 Direct examination of investigator Marlow — Monday, January 6, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\6\DIRECT-EXAMINATION-OF-INVESTIG.DOC

TRIAL

▲ Day 36 of 57

◀ Cross-examination of Officer Richard Aston (part 2) Redirect examination of investigator Marlow ▶

Witness: Investigator Marlow
Examiner: Peter Gelblum
Called by: Plaintiff • Date: Monday, January 6, 1997 • Utterances: 275

Baker cross-examines Marlow, a former LAPD Robbery/Homicide detective now working as a private investigator for the Goldman plaintiffs. Baker methodically establishes that Marlow repeatedly conducted unsupervised investigative activities during the criminal investigation with no notes, no orders, and no accountability. The examination climaxes with a photograph catching Marlow holding an open notepad in Simpson's closet — directly contradicting his claim he took no notes on the June 28 search — and then pivots to Marlow admitting he briefed a prosecution witness (Officer Ashton) on specific questions the defense intended to ask him at trial.

# 1 A:

Afternoon, sir.

# 2 Q:

Where are you currently employed?

# 3 A:

I'm a private investigator. I work for Gailey & Associates.

# 4 Q:

That's a private investigator firm?

# 5 A:

Yes.

# 6 Q:

Do a number of LAPD officers work for that firm?

# 7 A:

Yes, sir.

# 8 Q:

When did you start working for Grailey & Associates?

# 9 A:

I think it's approximately one year ago today.

# 10 Q:

January of 1996?

# 11 A:

Yes, sir.

# 12 Q:

When did you retire from the Los Angeles Police Department?

# 13 A:

January '95.

# 14 Q:

And you receive pension benefits from the LAPD?

# 15 A:

Yes, sir.

# 16 Q:

And as I understand it, when you were working at the Los Angeles Police Department, you were work in the Robbery/Homicide Division?

# 17 A:

Yes, sir.

# 18 Q:

And, in fact, you assisted in the investigation of the crimes at 875 South Bundy, did you not?

# 19 A:

Yes, sir.

# 20 Q:

Do you know of any policy of the Los Angeles Police Department that prohibits a cop from -- retiring from them being paid for work he did when he was a public employee?

# 21 A:

No, sir.

# 22 Q:

You don't think it's a conflict of interest, Mr. Marlow?

# 23 A:

No, sir; it's not.

# 24 Q:

You can't envision a situation where a cop can retire and then offer his services to either side for work he did while he was a cop?

# 25 A:

Yes, sir.

# 26 Q:

You don't think that's a conflict of interest?

# 27 MR. GELBLUM:

Objection. Relevance. Calls for speculation.

# 28 THE COURT:

Sustained.

# 29 Q:

(BY MR. P. BAKER) When did you first start working on the investigation of the crimes at 875 South Bundy?

# 30 A:

Approximately a day or two after the discovery of the crimes.

# 31 Q:

As I understand it, you attended a squad-room meeting with Lieutenant Bowen and Lieutenant Rodgers?

# 32 A:

Yes.

# 33 Q:

At that meeting, a number of robbery/homicide detectives were there, correct?

# 34 A:

Yes, sir.

# 35 Q:

And how many robbery/homicide detectives were there in June of 1994?

# 36 A:

In robbery, I'm not exactly sure of the number. I don't want to mislead you. I think the entire division has 75 sworn personnel work there, but in the homicide section, I think there may be 25 or 30 of us that work homicide, and it's broken up into two squads.

# 37 Q:

A couple days after the crimes, Lieutenant Bowen and Lieutenant Rodgers got the robbery/homicide detectives in the squad room?

# 38 A:

I don't think -- I don't want to mislead you. I did speak to the lieutenant about the case.

# 39 Q:

Okay. Well, there were a number of detectives in that meeting, weren't there?

# 40 A:

You know, there were a lot of meetings over the time. I just don't want to mislead you at all. I'm not sure how many people were present. I don't know there was really a meeting or anything. There were several detectives that worked at my table. I worked the major crime section. All the lieutenant asked us to, help us with -- lots of clues were coming in -- and to help us work the clues. And so I said, sure, I will.

# 41 Q:

He also asked that if any of the detectives had free time, to try to assist in the investigation, didn't he?

# 42 A:

By working the clues, that's what he meant.

# 43 Q:

Only the clues?

# 44 A:

Yes, sir.

# 45 Q:

He didn't ask you to -- the detectives at any other time to assist in the investigation, right?

# 46 A:

I don't -- I'm not sure I understood that.

# 47 Q:

Mr. Marlow, did Lieutenant Bowen or Lieutenant Rodgers, at that squad-room meeting, ask any of the detectives if they had free time, to assist in the investigation?

# 48 A:

Yes. "In the investigation" would be working the clues.

# 49 Q:

Okay.

# 50 A:

We didn't handle the investigation. They had assigned detectives to that, Vannatter and Lange, and it is another squad completely, to help with the investigation as part of the clues. That's what I worked.

# 51 Q:

You just worked the clues in the investigation at the crime scene of 875 South Bundy, right?

# 52 A:

Yes, sir.

# 53 Q:

You worked -- strike that. What was clue detail?

# 54 A:

Clue detail is, a lot of clues would come in constantly. People would phone in various clues as to -- regarding the crime. And some would be, you know, obviously, very kind of silly, and others would -- they might be something to investigate. But whatever the clue was, it was assigned to a detective. And we tried to run out the clue to the -- to the end there and write a report as to what we did.

# 55 Q:

So as I understand it, you take the phone calls. This was a pretty high-profile case, wasn't it?

# 56 A:

Yes, sir.

# 57 Q:

And you would sit in the -- down in Parker Center; you'd receive some calls; and if you thought the calls had merit, you'd follow up on them, right?

# 58 A:

No. Every call that came in was some kind of a clue, was written down. It wasn't up to me to determine the merit of the clue. We write the clue down, and whatever the person may say or whatever the clue may be. And we'd write it down just as they told it to you, so another investigator could pick it up. I didn't receive all of the clues. I mean, I did take some. People would call in; I'd write it down. But we have a section in the police department called detective headquarters. They're open 24 hours a day. And clues would go into their office, also. And we have a special form -- it's an LAPD form -- because --

# 59 Q:

The "We Tip" form?

# 60 A:

Very similar to "We Tip."

# 61 Q:

What you do is turn in the form to the lead investigator, who was -- who was it, Commander Watts at that time?

# 62 A:

Well, it was -- it was Detective Watts. And he was designated by Lieutenant Rodgers, who was a squad leader. Lieutenant Rodgers made Watts the -- what we call -- they call the clue complaint captain, but he is a detective. And all the clues went to him, so we could log all the clues in, so everybody -- everything can be logged and distributed out to investigators that were working the clues.

# 63 Q:

So if you got a clue that you thought would have merit, you'd write it down and you'd submit it?

# 64 A:

Right.

# 65 Q:

And then from -- even if it -- then would you have to wait for orders from a superior before you'd follow up on that clue, right?

# 66 A:

I'm not sure. I didn't quite understand.

# 67 Q:

You had a clue that you thought had merit, you'd write it down and submit it; true?

# 68 A:

That's right.

# 69 Q:

You wouldn't follow up on it on your own?

# 70 A:

That's correct.

# 71 Q:

And then you'd have to wait for a response by one of the superiors before you could ever do any work on the incoming clue, true?

# 72 A:

That's correct.

# 73 Q:

How many detectives were working clue detail approximately one to two weeks after the crimes?

# 74 MR. GELBLUM:

Objection. Relevance, Your Honor.

# 75 MR. PETROCELLI:

We also have order number 8 that applies here.

# 76 THE COURT:

Sustained. You may ask this witness what he did.

# 77 Q:

(BY MR. P. BAKER) Did you ever have any meetings with any other detectives about the clues you were following?

# 78 A:

Sure.

# 79 Q:

How many?

# 80 A:

Probably -- there were about, in my section of the table, there were about four guys, four detectives, and we were working together on my squad. And we even talk about this: Listen, I've got to do this clue or that clue, try to coordinate things between us.

# 81 Q:

You weren't the only four detectives following up clues?

# 82 A:

No, there were more than us.

# 83 Q:

You never had any of the meetings with any of the other officers following up the clues, true?

# 84 A:

I'm sure we spoke. I can't remember exactly what meetings we might have had or anything like that, but we did speak among each other. We did not not communicate; we always try to communicate.

# 85 Q:

There were no formal meetings between all the detectives following up on clue detail, correct?

# 86 MR. GELBLUM:

Objection. Relevance.

# 87 THE COURT:

Sustained.

# 88 Q:

(BY MR. P. BAKER) You didn't just work sewer detail -- clue detail; you also worked in the sewers in this investigation, didn't you?

# 89 A:

Yes, sir, I did.

# 90 Q:

And what did that involve, Officer Marlow? Or, you don't go by "officer" anymore, correct?

# 91 A:

You can call me anything, sir. That's fine.

# 92 Q:

Mr. Marlow, what did sewer detail involve?

# 93 A:

There was four of us on the sewer detail: Myself, Detective Bercham, Detective Quak and my partner, Dave Martin. And what I -- what we did is, that we tried to search all of the sewers and look in all the sewers from Bundy to Rockingham in various routes in various streets. We searched all of the sewers, slid into what we could. Then, some of them, you can't get into, we put our flashlight into it, in a search for evidence. This is a day or two after the crime.

# 94 Q:

You were looking for anything suspicious?

# 95 A:

That's right.

# 96 Q:

You never found any?

# 97 A:

No, sir.

# 98 Q:

Did you take any notes of that sewer detail?

# 99 A:

Yeah, there were notes taken. I took some notes as to what streets we were on, either myself or Dave Martin did, my partner. I don't have any specific recollection as to where the notes are now. I don't know if I turned them in or --

# 100 Q:

You have no recollection of turning those notes in?

# 101 A:

Oh no, sir. No.

# 102 Q:

Did you -- you also worked on the -- well, strike that. You also attended a block-party meeting around 360 North Rockingham a couple weeks after the crime?

# 103 A:

It wasn't a block party.

# 104 Q:

It was a block meeting?

# 105 A:

It was a --

# 106 Q:

Homeowners --

# 107 A:

-- block club meeting.

# 108 Q:

Who ordered you to do that?

# 109 A:

No one.

# 110 Q:

You just went on your own?

# 111 A:

We were invited.

# 112 Q:

By whom?

# 113 A:

The lady that was putting on the block -- not party, but the block meeting.

# 114 Q:

And she called you?

# 115 A:

It was a neighborhood watch. It's a neighborhood watch type of meeting.

# 116 Q:

She called you up personally, Mr. Marlow, and asked you to come?

# 117 A:

No, not me.

# 118 Q:

This was a high-profile case and you were trying to do anything to get involved with it, weren't you?

# 119 A:

No, sir. I -- that's all I handle is high-profile cases, every case I handle. This is just among one of them. But I've worked homicide for 20 years.

# 120 Q:

The Simpson criminal case had about the same media attention as all the other cases you've handled, right? Is that what you're telling this jury?

# 121 A:

No, sir; that's not true.

# 122 Q:

You take any notes at that block meeting?

# 123 A:

No, sir.

# 124 Q:

That wasn't clue detail, was it?

# 125 A:

No, sir.

# 126 Q:

You also were at the -- strike that. You also interviewed the gardners behind Mr. Simpson's residence?

# 127 A:

Yes, sir.

# 128 Q:

No one told to you do that, did they?

# 129 A:

No, sir.

# 130 Q:

You didn't take any notes of that, did you?

# 131 A:

No, sir.

# 132 Q:

You interviewed the neighbors of Mr. Simpson, correct?

# 133 A:

Yes.

# 134 Q:

You didn't take any notes of that, did you?

# 135 A:

No, sir.

# 136 Q:

You interviewed Mr. Simpson's neighbor's housekeeper, correct?

# 137 A:

Yes.

# 138 Q:

Didn't take any notes of that, did you?

# 139 A:

No, sir.

# 140 Q:

Who ordered to you do that?

# 141 A:

Nobody.

# 142 Q:

You just did it on your own?

# 143 A:

Yes, sir.

# 144 Q:

And lots of other detectives were running out in the city on their own inclination because this is a high-profile case, true?

# 145 A:

No.

# 146 MR. GELBLUM:

Objection.

# 147 Q:

(BY MR. P. BAKER) You worked the June 28 search?

# 148 A:

Yes, sir.

# 149 Q:

Did you take any notes of that?

# 150 A:

No, sir.

# 151 Q:

I want to show you a picture, Mr. Marlow.

MR. P. BAKER: Mark it next in order.

# 152 THE CLERK:

2307. (The instrument herein referred to as Photograph of Mr. Marlow in closet was marked for identification as Defendant's Exhibit No. 2307.)

# 153 (BY MR. P. BAKER) Is that you, Mr. Marlow? (Indicating to picture shown on the Elmo screen.)

# 154 A:

Yes, sir, it is.

MR. P. BAKER: Steve, can you zoom in on Mr. Marlow's hand.

# 155 Q:

(BY MR. P. BAKER) That is Mr. Simpson's closet, by the way, isn't it?

# 156 A:

Yes, this is his closet.

# 157 Q:

What is that in you left hand, Mr. Marlow?

# 158 A:

I don't know.

# 159 Q:

It's a note pad, isn't it?

# 160 A:

Yes, sir.

# 161 Q:

You ever submit those notes?

# 162 A:

No, sir.

# 163 Q:

Does that refresh your recollection that you did take notes on that day?

# 164 A:

No, sir.

# 165 Q:

That doesn't?

# 166 A:

No, sir. I always carry a notebook like that. I've got one with me.

KEY QUOTE

# 167 Q:

You always walking around with it opened up?

# 168 A:

No, sir, I don't always do that. I probably made a notation, but I don't know what it is or why.

# 169 Q:

Is that a pencil in your left hand?

# 170 A:

Yes, sir.

# 171 Q:

You know why you didn't turn in those notes, Mr. Marlow?

# 172 A:

No, sir.

# 173 Q:

You also work -- By the way, who from West L.

# 174 A:

-- which detectives from the West L.

# 175 A:

department were at the June 28 search? Do you recall?

# 176 A:

Yes. Detective Roberts, Detective Fuhrman. There was a female detective there, and I don't recall her name. There could have been others. I didn't know those two until after that case or after that search.

# 177 Q:

Detective Fuhrman was in the bedroom with you, wasn't he, during the search warrants?

# 178 A:

Yes.

# 179 Q:

Detective Phillips was in the bedroom with you during the search?

# 180 A:

Yes.

# 181 Q:

You understood the robbery/homicide division had taken over the case 15 days ago? You were aware of that, weren't you?

# 182 A:

Yes, sir.

# 183 Q:

Did it ever cross your mind what Fuhrman and Phillips were doing there, because authority had transferred to HRD 15 days earlier --

# 184 MR. GELBLUM:

Objection. Relevance, whether it crossed his mind.

# 185 THE COURT:

Sustained.

# 186 Q:

(BY MR. P. BAKER) Now, you also searched along the southern walkway on June 28, didn't you?

# 187 A:

Yes, sir.

# 188 Q:

You walked along --

MR. P. BAKER: Let me get a board real quick. This is Exhibit 116. (Exhibit displayed on the easel.)

# 189 Q:

(BY MR. P. BAKER) You searched the area -- let me get out of the way -- down along the southern walkway on the fences toward the neighborhood yard, right?

# 190 A:

Yes, sir.

# 191 Q:

And what were you looking for?

# 192 A:

We were looking for maybe a knife, any blood, any clothing.

# 193 Q:

You didn't find anything, did you?

# 194 A:

No, sir.

# 195 Q:

Who ordered you to search along the southern walkway?

# 196 A:

I was just assisting the criminalist. He was in there working; I thought I'd help him.

# 197 Q:

Which criminalist was that?

# 198 A:

I don't know his name.

# 199 Q:

You did that on your own?

# 200 A:

Sure.

# 201 Q:

You just walked over there and kind of looked through the bushes to see if you could see any blood or any weapon or any clothing, right?

# 202 A:

I was with the criminalist. Yes, I was helping him out. We help each other out.

# 203 Q:

You did that without any orders?

# 204 A:

Sure. I don't have to be told everything to do. I try to help out as much as I can.

KEY QUOTE

# 205 Q:

No criminalist said no, wait; don't go in there. Did you have gloves on?

# 206 A:

No.

# 207 Q:

You did you have booties on?

# 208 A:

No.

# 209 Q:

You just went in there?

# 210 A:

This is all -- I have -- what you need in there is combat boots. There's thick ivy in there.

# 211 Q:

You searched around. You didn't see anything?

# 212 A:

That's right.

# 213 Q:

Did you take any notes of that?

# 214 A:

No, sir.

# 215 Q:

Now, you started working at Gailey & Associates in January of '96, right?

# 216 A:

Yes, sir.

# 217 Q:

Since that time, you've been active in assisting the plaintiffs in the civil case, right?

# 218 A:

That's correct.

# 219 Q:

You helped prepare witnesses, haven't you?

# 220 A:

Yes, sir.

# 221 Q:

You've called up people like Officer Marlow and told him what questions to be wary of?

# 222 MR. GELBLUM:

Objection.

# 223 A:

I didn't call myself up.

# 224 MR. PETROCELLI:

He's Officer Marlow.

MR. P. BAKER: It's the vacation.

# 225 Q:

(BY MR. P. BAKER) Officer Ashton?

# 226 A:

I didn't call him up; no, sir.

# 227 Q:

You never called Officer Ashton?

# 228 A:

Oh, I talked to him in person.

# 229 Q:

When did you do that?

# 230 A:

I don't know. It's been about three weeks ago, I guess.

# 231 Q:

What did you tell him?

# 232 A:

I just told him I was investigating; I worked for the Goldman family, plaintiffs' attorneys; I was investigating the case, and I wanted to know what part he played in it.

# 233 Q:

That's all you asked him?

# 234 A:

Yes, sir.

# 235 Q:

You didn't tell him what type of questions he may be asked when he was on the stand?

# 236 A:

Well, I just -- no. We -- I didn't know -- I didn't know what question --

# 237 Q:

That's a yes or no. Yes, you didn't tell him what questions he should be looking out for, right?

# 238 A:

No, sir.

# 239 Q:

Did you -- how long did this conversation last?

# 240 A:

This was at West L.

# 241 A:

station. Probably an hour or so, maybe a little longer.

# 242 Q:

Did you tell him you were a -- you were a former cop?

# 243 A:

I don't know that I did or not. I may have. I mean, I'm proud of the fact that I was a police officer.

# 244 Q:

I'm very happy.

# 245 A:

I may have told him that.

# 246 MR. GELBLUM:

Ask Mr. Baker's comments be stricken.

# 247 THE COURT:

Stricken.

# 248 Q:

(BY MR. P. BAKER) Did you tell him that the defense was going to ask him about his observations of the Bronco of June -- on June 13, 1994?

# 249 A:

Yes, sir.

# 250 Q:

Did you tell him that the defense was going to ask him about his whereabouts on the morning of June 13, '94?

# 251 A:

Yes, sir.

# 252 Q:

Did you tell him that the defense was going to ask him about his observations of Gonzalez and the dog on June 13, 1994?

# 253 A:

Yes, sir.

# 254 Q:

Did you tell him that they were going to ask that -- the defense was going to ask Officer Ashton about the vehicle impound in court?

# 255 A:

On that -- yes, sir, on that, I may have. Yes.

# 256 Q:

Who told you to tell him all this?

# 257 MR. GELBLUM:

Objection, Your Honor. Work product.

# 258 THE COURT:

Sustained.

# 259 Q:

(BY MR. P. BAKER) Since you started working on the civil case, you've had a number of contacts with the officers down at Parker Center, true?

# 260 A:

Yes, sir.

# 261 Q:

You called up -- when Phil Vannatter still worked there, you called him up and asked him questions whenever you wanted to, right?

# 262 A:

Yeah, I may have talked to Phil a lot. I don't remember what specific questions I may have asked him.

# 263 Q:

When Lange still worked there, you called up Lange and asked him some questions?

# 264 A:

Yes, sir.

# 265 Q:

Tony, Lange's replacement, you'd call up when you needed something or had questions?

# 266 A:

If I had any questions, I'd ask him, yes.

# 267 Q:

And you always got unequivocal assistance from the LAPD when you needed help, right?

# 268 A:

Depends on what I'd ask for.

# 269 Q:

Well, what did you ask for that you didn't get help on?

# 270 A:

I'd never put them in a position to give me something I shouldn't have. I wouldn't do that. As a police officer, I wouldn't ask them to do anything like that. Any information I got from them would be anything that was already discoverable to both sides.

# 271 Q:

So you'd just call up Parker Center -- strike that. You understand that 10,197 documents were turned over to the plaintiffs in November of '95 --

# 272 MR. GELBLUM:

That -- objection --

# 273 Q:

-- that weren't turned over to the defense until May of '96?

# 274 THE COURT:

Objection sustained. Jury to disregard that question.

# 275 Q:

(BY MR. P. BAKER) Would it surprise you that when the defense tried to contact L.

Temperature

tense

Key Quotes (4)

Witness

I don't have to be told everything to do. I try to help out as much as I can.

Marlow defending his unsupervised, undocumented search of Simpson's property — encapsulates the entire theme of unaccountable police activity Baker is building toward.

Witness

No, sir. I always carry a notebook like that. I've got one with me... I probably made a notation, but I don't know what it is or why.

After being shown a photograph of himself holding an open notepad and pencil in Simpson's closet, Marlow retreats to claiming it's just habit — a damaging and evasive answer.

Witness

Yes, sir... Yes, sir... Yes, sir... on that, I may have. Yes.

Marlow serially confirming he told Officer Ashton the defense would ask about the Bronco, his whereabouts, his observations of Gonzalez and the dog, and the vehicle impound — effectively admitting witness coaching.

Witness

Any information I got from them would be anything that was already discoverable to both sides.

Marlow justifying his ongoing informal access to active LAPD personnel including Vannatter and Lange while employed by the opposing party.

Evidence (2)

Defendant's 2307

Photograph of Marlow inside Simpson's closet during the June 28 search, visibly holding an open notepad and pencil

introduced and used to impeach Marlow's repeated claim he took no notes that day

Exhibit 116

Diagram or photograph of 360 North Rockingham, used to show the southern walkway Marlow searched

displayed on easel during questioning about the June 28 search

Notable Exchanges (3)

P. Baker•Witness

Baker shows the jury a photograph of Marlow in Simpson's closet holding an open notepad and pencil. Marlow first says he doesn't know what is in his hand, then acknowledges it's a notepad, then claims he 'always carries one' and probably just made a notation but doesn't know why — refusing to concede the point even as the photo sits on the Elmo.

devastating

P. Baker•Witness

Baker walks Marlow through each specific topic he disclosed to Officer Ashton — the Bronco, Ashton's whereabouts, Gonzalez and the dog, the vehicle impound — getting a 'yes sir' on each one. When asked who directed him to do this, the court sustains a work-product objection.

revealing

P. Baker•Witness

Baker establishes that Marlow searched Simpson's southern walkway without gloves, without booties, without orders, and alongside an unknown criminalist — then took no notes. Marlow defends this as normal detective initiative.

strategic

Light Moments (2)

P. Baker / Witness

Baker accidentally asks Marlow whether he 'called up Officer Marlow' instead of Officer Ashton. Marlow dryly responds 'I didn't call myself up.' Petrocelli clarifies 'He's Officer Marlow.' Baker blames 'the vacation.'

P. Baker

When Marlow says he is proud of having been a police officer, Baker responds 'I'm very happy' — sarcastic enough that Gelblum moves to strike it, and the court sustains.

Credibility Attacks (3)

⚔ Marlow

prior inconsistent statement via physical evidence

Baker introduced a photograph (Def. 2307) showing Marlow holding an open notepad in Simpson's closet on June 28, directly contradicting his repeated testimony that he took no notes during any of his investigative activities.

⚔ Marlow

bias / conflict of interest

Baker established that Marlow retired from LAPD, receives a pension, now works for a private firm staffed by former LAPD officers, and is being paid by the Goldman plaintiffs for work product that derives from his public employment on the same case — while maintaining informal back-channel access to active LAPD detectives.

⚔ Marlow

admission of witness coaching

Marlow admitted to a one-hour meeting with Officer Ashton in which he explicitly told Ashton which topics the defense planned to question him about at trial, including the Bronco, his whereabouts, Gonzalez and the dog, and the vehicle impound.

Objections

7 objections (6 sustained, 0 overruled)

Proceeding 8740 • 275 utterances • Plaintiff witness

Civil Trial

Department 103