Cross-examination of Detective Adalberto Luper

📄 Cross-examination of Detective Adalberto Luper — Monday, April 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\3\CROSS-EXAMINATION-OF-DETECTIVE.DOC

TRIAL

▲ Day 50 of 167

◀ Direct examination of Detective Adalberto Luper Redirect examination of Detective Adalberto Luper ▶

Witness: Det. Bert Luper
Examiner: Cheri Lewis
Called by: Defense • Date: Monday, April 3, 1995 • Utterances: 262

Prosecutor Cheri Lewis cross-examines Detective Luper about the Rockingham crime scene videotape (Defense Exhibit 1068), establishing that the tape was made for civil liability protection rather than criminal investigation purposes, and that the scene had been deliberately rearranged to its original state before taping. Lewis also elicits that the tape cannot establish when specific evidence — including the socks — was collected, and that the tape was stored informally in a desk drawer and then a filing cabinet rather than formally booked as evidence.

# 1 THE COURT:

MISS LEWIS.

# 2 MS. CLARK:

THANK YOU, YOUR HONOR.

CROSS-EXAMINATION BY MS. LEWIS:

# 3 Q:

GOOD MORNING, DETECTIVE LUPER.

# 4 A:

GOOD MORNING.

# 5 Q:

THE GLOVE THAT YOU RECOVERED FROM THE TOP DRAWER OF THAT -- ONE OF THOSE CHEST OF DRAWERS IN THE DEFENDANT'S CLOSET, WAS THAT IN THE DEFENDANT'S MASTER BEDROOM WALK-IN CLOSET?

# 6 A:

THAT'S CORRECT, YES, MA'AM.

# 7 Q:

WAS THAT GLOVE ALONE OR DID IT HAVE A MATE WHEN YOU RECOVERED IT?

# 8 A:

IT WAS A LONE GLOVE LOCATED IN THE LEFT CORNER OF THE DRAWER.

# 9 Q:

AND THE FACT THAT IT WAS A LONE GLOVE IS WHAT CAUSED YOU TO HAVE SOME CONCERN THAT IT MIGHT MATCH THE OTHER GLOVE RECOVERED ON THE PROPERTY?

# 10 A:

CERTAINLY WAS A CONSIDERATION, YES, SIR.

# 11 Q:

DID YOU DETERMINE THAT THAT GLOVE -- WELL, FIRST, THE GLOVE THAT YOU RECOVERED WAS A RIGHT-HANDED GLOVE?

# 12 A:

YES, MA'AM.

# 13 Q:

AND YOU WERE AWARE THAT THE GLOVE RECOVERED ALONG THE SOUTH PATHWAY WAS ALSO A RIGHT-HANDED GLOVE?

# 14 A:

NO.

# 15 Q:

I'M SORRY, I MISSPOKE. YOU BECAME AWARE OF THAT AFTER SPEAKING TO DETECTIVE LANGE OR VANNATTER LATER ON?

# 16 A:

THAT'S CORRECT, YES, MA'AM.

# 17 Q:

NOW, YOUR DUTY AT ROCKINGHAM WAS TO DIRECT THE EXECUTION OF THE SEARCH WARRANT WHICH DETECTIVE VANNATTER HAD OBTAINED; IS THAT CORRECT?

# 18 A:

THAT'S CORRECT, YES, MA'AM.

# 19 Q:

AND YOU WERE LEFT IN CHARGE OF THE SCENE FOR THAT PURPOSE BECAUSE DETECTIVES VANNATTER AND LANGE, THE MOST SENIOR LEAD DETECTIVES ON THE CASE, WENT DOWNTOWN FOR THE PURPOSE OF SPEAKING WITH MR. SIMPSON; IS THAT RIGHT?

# 20 A:

WELL, I KNEW THAT DETECTIVE VANNATTER HAD RESPONDED. I WAS UNAWARE THAT DETECTIVE LANGE HAD ALSO RESPONDED TO ROBBERY/HOMICIDE DIVISION.

# 21 Q:

DO YOU RECALL AT THIS TIME WHAT TIME THE SID PHOTOGRAPHER ARRIVED ON THE PREMISES?

# 22 A:

WHICH SID PHOTOGRAPHER?

# 23 Q:

DID YOU CAUSE AN SID PHOTOGRAPHER TO COME TO TAKE CRIME SCENE PHOTOS FOR YOUR USE IN INVESTIGATING THAT LOCATION AS A CRIME SCENE?

# 24 A:

THERE WAS ONE ALREADY AT THE LOCATION WHEN I ARRIVED.

# 25 Q:

AND DO YOU KNOW WHAT TIME HE HAD ARRIVED, HE OR SHE HAD ARRIVED?

# 26 A:

WITHOUT LOOKING AT THE CRIME SCENE LOG, I COULDN'T BE ACCURATE, BUT IT WAS IN THE MORNING SOMETIME.

# 27 Q:

WOULD THAT REFRESH YOUR RECOLLECTION TO TAKE A LOOK AT THE ROCKINGHAM CRIME SCENE LOG?

# 28 A:

YES, MA'AM, IT WILL.

# 29 MS. LEWIS:

YOUR HONOR, I HAVE A BLANK -- I MEAN AN UNMARKED UP COPY OF THAT WHICH I WILL SHOW DEFENSE COUNSEL.

# 30 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 31 MS. LEWIS:

YOUR HONOR, MAY THIS BE MARKED -- I'M NOT SURE WHAT EXHIBIT NUMBER -- FOR PURPOSES OF THIS HEARING?

# 32 THE COURT:

FOR THE PURPOSES OF THIS MOTION, I GUESS THE VIDEOTAPE IS --

# 33 MS. LEWIS:

1068 DEFENSE.

# 34 MR. COCHRAN:

1068.

# 35 THE COURT:

LET'S MAKE THIS PEOPLE'S NEXT IN ORDER.

# 36 MR. COCHRAN:

I'M NOT CLEAR ABOUT WHAT WE ARE SEEKING TO DO AT THIS TIME.

# 37 THE COURT:

THIS IS TO REFRESH THE RECOLLECTION OF THE WITNESS IS MY UNDERSTANDING.

# 38 MS. LEWIS:

YES.

# 39 THE COURT:

AS TO THE TIMING OF WHEN CERTAIN PERSONNEL ARRIVED AT THE SCENE.

# 40 MR. COCHRAN:

WELL, YOUR HONOR, THE PROBLEM IS IF HE WASN'T THERE, I'M NOT CLEAR IF JUST READING THAT DOCUMENT IS GOING TO REFRESH HIS RECOLLECTION.

# 41 THE COURT:

BUT IT WAS THERE WAS MY UNDERSTANDING.

# 42 MR. COCHRAN:

IT DEPENDS ON WHAT TIME. LET'S SEE WHAT HAPPENS, YOUR HONOR.

# 43 MS. LEWIS:

AND PEOPLE'S NEXT IN ORDER WOULD BE?

# 44 THE CLERK:

158.

# 45 MS. LEWIS:

I'M SORRY, 1058.

# 46 THE COURT:

158, PEOPLE'S 158. (PEO'S 158 FOR ID = CRIME SCENE LOG)

# 47 Q:

BY MS. LEWIS: DETECTIVE LUPER, WHAT TIME DID YOU PERSONALLY ARRIVE AT THAT ROCKINGHAM LOCATION?

# 48 A:

I ARRIVED AT ABOUT 12:10, 12:15 IN THE AFTERNOON ON THE 13TH.

# 49 Q:

AND YOU INDICATED THAT THE SID PHOTOGRAPHER HAD INDEED ARRIVED PRIOR TO YOUR ARRIVAL?

# 50 A:

THAT'S CORRECT, YES, MA'AM.

# 51 Q:

NOW, HOW -- WERE YOU IN THE PRESENCE OF SID PHOTOGRAPHER WHEN THAT PHOTOGRAPHER WAS TAKING PHOTOS AT THE SCENE?

# 52 A:

ON THE EXTERIOR SHOTS, NO. ON THE INTERIOR SHOTS, YES.

# 53 Q:

DID YOU ATTEMPT TO DIRECT THE PHOTOGRAPHER ON THOSE INTERIOR SHOTS --

# 54 A:

THAT'S --

# 55 Q:

-- OF WHAT TO PHOTOGRAPH?

# 56 A:

THAT'S CORRECT, YES, MA'AM.

# 57 Q:

AND YOUR PURPOSE IN DOING SO WAS TO PRESERVE FOR INVESTIGATIVE PURPOSES THE CRIME SCENE -- THE ROCKINGHAM CRIME SCENE; IS THAT CORRECT?

# 58 A:

THAT'S CORRECT, YES, MA'AM.

# 59 Q:

DO YOU RECALL APPROXIMATELY WHAT TIME YOU STARTED -- WHAT TIME YOU NOTICED, FIRST NOTICED THE SID PHOTOGRAPHER TAKING PHOTOGRAPHS OF THE CRIME SCENE?

# 60 A:

UMM, QUARTER TO 1:00. IF WE ARE TALKING ABOUT THE INSIDE OF THE RESIDENCE, IT WAS ABOUT APPROXIMATELY A QUARTER TO 1:00.

# 61 Q:

EVEN THE EXTERIOR, DO YOU RECALL ABOUT WHAT TIME THAT MIGHT HAVE BEEN?

# 62 A:

THAT WOULD HAVE BEEN 12:20 TO 12:30, I SUPPOSE, SOMEWHERE IN THAT NEIGHBORHOOD.

# 63 Q:

WHEN THE SID PHOTOGRAPHER WAS TAKING PHOTOS, HAD ALL OF THE EVIDENCE WHICH YOU EVENTUALLY RECOVERED BEEN TAKEN INTO POSSESSION YET OR WAS MUCH OF IT STILL THERE, RECOGNIZING THERE WERE NOT A LOT OF THINGS BESIDES BLOOD RECOVERED ON THE 13TH?

# 64 A:

THE PURPOSE OF THE INITIAL PHOTOGRAPHS WAS TO RECORD IT AS WE FOUND IT AND LATER ON, AS THE EVIDENCE WAS COLLECTED, IT WAS ALSO PHOTOGRAPHED.

# 65 MS. LEWIS:

DO WE HAVE DEFENSE 1068, THE VIDEOTAPE? (BRIEF PAUSE.)

# 66 MR. SHAPIRO:

YOUR HONOR, MAY WE APPROACH?

# 67 MR. COCHRAN:

WE HAVE A QUESTION.

# 68 THE COURT:

IT IS CUT. (BRIEF PAUSE.)

# 69 MS. LEWIS:

YOUR HONOR, I WOULD LIKE TO PLAY JUST THE BEGINNING OF DEFENSE 1068 FOR PURPOSES OF SHOWING TIMING OF THE ARRIVAL OF THE VIDEOGRAPHER. I TELL YOU WHAT --

# 70 THE COURT:

THIS APPEARS TO BE MID TAPE.

# 71 MS. LEWIS:

-- STOP IT AND REWIND IT ALL THE WAY. (BRIEF PAUSE.)

# 72 Q:

BY MS. LEWIS: WHILE HE IS DOING THAT, DETECTIVE LUPER, AFTER COMPLETING THE PHOTOGRAPHS OF THE CRIME SCENE AND RECOVERING EVIDENCE, DID YOU MAKE AN ATTEMPT TO DO SOMETHING WITH REGARD TO THE PREMISES IN TERMS OF THE WAY YOU HAD FIRST FOUND THEM?

# 73 A:

I RETURNED IT TO AS CLOSE AS THE WAY I HAD FOUND IT, MAYBE A LITTLE BETTER.

KEY QUOTE

# 74 Q:

AND THAT WAS PRIOR TO THE VIDEOTAPE BEING TAKEN?

# 75 A:

THAT'S CORRECT, AND THE PURPOSE OF THAT WAS TO ENSURE THAT BOTH DETECTIVE LANGE AND VANNATTER GOT A PROPER FEEL FOR THE ROOMS AND RESIDENCE AS I HAD FOUND IT.

# 76 Q:

SO THE WAY THAT SOMETHING APPEARS ON THE VIDEOTAPE MAY NOT REFLECT THE WAY IT APPEARED AT SOME POINT BETWEEN THE CRIME SCENE PHOTOS AND A POINT THEREAFTER WHEN THE EVIDENCE WAS ACTUALLY COLLECTED; IS THAT CORRECT?

# 77 A:

THAT'S CORRECT, YES, MA'AM.

# 78 Q:

SO YOU -- ONE COULD NOT TELL OR YOU COULD NOT TELL FROM LOOKING JUST AT THE CRIME SCENE VIDEOTAPE, IN RELATION TO THE CRIME SCENE PHOTOS, YOU COULD NOT NECESSARILY TELL WHEN ITEMS -- WHEN EVIDENCE WAS COLLECTED; IS THAT ACCURATE?

# 79 A:

THAT WOULD BE ACCURATE, YES, MA'AM.

# 80 Q:

NOW, WHAT IS YOUR BEST RECOLLECTION AS FAR AS WHEN THE ITEMS OF REAL EVIDENCE WERE COLLECTED FROM THE INTERIOR OF THE LOCATION?

# 81 (NO AUDIBLE RESPONSE.)

# 82 Q:

IN TERMS OF THE TIMING, WHETHER IT WAS PRIOR OR AFTER THE SHOOTING OF THE VIDEOTAPE?

# 83 A:

IT WAS PRIOR TO THE SHOOTING OF THE VIDEOTAPE, ANYWHERE FROM 2:30 TO 4:15, I WOULD SAY.

KEY QUOTE

# 84 Q:

AND WAS IT YOUR BELIEF THAT THE SOCKS HAD BEEN RECOVERED FROM THE CARPET IN THE MASTER BEDROOM PRIOR TO THE VIDEOTAPE BEING SHOT?

# 85 MR. COCHRAN:

OBJECT, YOUR HONOR. ASSUMES A FACT NOT IN EVIDENCE AT THIS POINT.

# 86 THE COURT:

OVERRULED.

# 87 DET. BERT LUPER:

YES, MA'AM.

# 88 Q:

BY MS. LEWIS: YOU HAVE WATCHED THE VIDEOTAPE, HAVE YOU NOT?

# 89 A:

YES, MA'AM.

# 90 Q:

DID YOU NOTICE THAT THE TAPE HAPPENS TO STOP BEFORE SHOWING THE LOCATION WHERE THE SOCKS HAD BEEN RECOVERED FROM?

# 91 A:

YES, MA'AM.

# 92 Q:

SO IT IS ALSO POSSIBLE THE SOCKS WERE STILL THERE WHEN THE VIDEOTAPE WAS SHOWN?

# 93 MR. COCHRAN:

OBJECT, YOUR HONOR. CALLS FOR SPECULATION, YOUR HONOR. THAT IS SPECULATIVE.

# 94 THE COURT:

SUSTAINED, SUSTAINED.

# 95 Q:

BY MS. LEWIS: SO YOU CAN'T TELL FROM LOOKING AT THE VIDEOTAPE ALONE EXACTLY WHEN THE SOCKS WERE RECOVERED; IS THAT FAIR?

# 96 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION. CROSS-EXAMINATION.

# 97 THE COURT:

I HAVE SEEN THE TAPE NOW FIVE TIMES AND HERE IN COURT TWO ADDITIONAL TIMES.

# 98 Q:

BY MS. LEWIS: WERE YOU PRESENT WITH THE VIDEOGRAPHER WHEN HE WAS VIDEOTAPING THE MASTER BEDROOM?

# 99 A:

NO, MA'AM.

# 100 MS. LEWIS:

IS THE TAPE BACKED UP YET? JUST PLAY THE FIRST COUPLE OF MINUTES.

# 101 (AT 9:11 A.M., DEFENSE EXHIBIT 1068, A VIDEOTAPE, WAS PLAYED.)

# 102 Q:

BY MS. LEWIS: ALL RIGHT. DID YOU NOTICE DETECTIVE LUPER? AS THE TAPE IS FLOWING, IT SHOWS 2:11 APPARENTLY ON THE EQUIPMENT ITSELF?

# 103 A:

YES, MA'AM.

# 104 Q:

AND IS THAT THE ARRIVAL OF MR. ADKINS WHO TESTIFIED EARLIER ABOUT THE SCENE? DOES IT APPEAR TO BE THAT?

# 105 A:

IT WOULD APPEAR TO BE THAT, YES, MA'AM.

# 106 Q:

AND THAT IS DETECTIVE JIM HARPER WHO WAS SHOWN GREETING HIM?

# 107 A:

YES, MA'AM.

# 108 MS. LEWIS:

ALL RIGHT. YOU CAN STOP IT NOW, PLEASE.

# 109 (AT 9:11 A.M. THE VIDEOTAPE STOPPED PLAYING.)

# 110 Q:

BY MS. LEWIS: AND THE -- IS YOUR ARRIVAL TIME -- YOUR ARRIVAL TIME SHOWN ON THE CRIME SCENE LOG OF ROCKINGHAM, PEOPLE'S 158 FOR IDENTIFICATION?

# 111 A:

YES, MA'AM.

# 112 Q:

AND DO YOU HAVE AN INDEPENDENT RECOLLECTION OF EXACTLY WHEN THE VIDEOGRAPHER ARRIVED AT THE CRIME SCENE?

# 113 A:

NOT AN INDEPENDENT RECOLLECTION WITHOUT LOOKING AT THE CRIME SCENE LOG.

# 114 Q:

WOULD IT INDEED HELP REFRESH YOUR RECOLLECTION TO TAKE A LOOK AT THAT CRIME SCENE LOG?

# 115 A:

IT CERTAINLY WOULD.

# 116 MS. LEWIS:

MAY I APPROACH?

# 117 THE COURT:

YES.

# 118 Q:

BY MS. LEWIS: SHOWING YOU PEOPLE'S 158 FOR IDENTIFICATION, THE CRIME SCENE LOG, WOULD YOU TAKE A LOOK AT THAT AND SEE IF THAT REFRESHES YOUR RECOLLECTION AS TO THE ARRIVAL OF MR. ADKINS AND MR. FORD?

# 119 A:

IT WOULD APPEAR THAT IT WOULD, YES, MA'AM.

# 120 Q:

AND WHAT TIME DID THEY ARRIVE?

# 121 A:

TEN MINUTES AFTER 3:00 IN THE AFTERNOON.

# 122 Q:

AND DO YOU HAVE AN INDEPENDENT RECOLLECTION OF EXACTLY WHEN THEY LEFT AS WELL?

# 123 A:

NOT AN INDEPENDENT RECOLLECTION BECAUSE I DIDN'T SEE THEM LEAVE, BUT ACCORDING TO THE CRIME SCENE LOG IT SHOWS --

# 124 MR. COCHRAN:

OBJECT TO THAT. HE ANSWERED THE QUESTION, YOUR HONOR.

# 125 THE COURT:

SUSTAINED.

# 126 Q:

BY MS. LEWIS: WHEN IS YOUR BEST RECOLLECTION OF THE LAST TIME YOU PERSONALLY SAW MR. ADKINS AND MR. FORD AT THE CRIME SCENE AT THE ROCKINGHAM LOCATION?

# 127 A:

PROBABLY 3:45 IN THE AFTERNOON.

# 128 Q:

DURING THE TIME THAT THE VIDEO WAS BEING SHOT, WAS EITHER DETECTIVE LANGE OR DETECTIVE PHILLIPS THERE?

# 129 A:

NO.

# 130 Q:

DO YOU RECALL WHAT TIME -- DO YOU HAVE AN INDEPENDENT RECOLLECTION OF WHAT TIME DETECTIVE LANGE AND/OR DETECTIVE PHILLIPS ARRIVED AT THE -- I'M SORRY, DETECTIVE VANNATTER ARRIVED AT THE ROCKINGHAM LOCATION?

# 131 A:

THEY ARRIVED APPROXIMATELY TEN MINUTES AFTER 5:00, TWENTY MINUTES AFTER 5:00, RIGHT IN THAT NEIGHBORHOOD.

# 132 (DISCUSSION HELD OFF THE RECORD BETWEEN MS. LEWIS AND MR. HARRIS.)

# 133 Q:

BY MS. LEWIS: NOW, HOW DID IT COME ABOUT THAT THIS PARTICULAR VIDEOTAPE WAS SHOT? YOU WERE IN CHARGE OF THE SEARCH WARRANT EXCUSE THERE AT THE CRIME SCENE. DID SOMEONE GIVE YOU THAT IDEA AT SOME POINT IN TIME?

# 134 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR, HOW DID IT COME ABOUT. VERY LONG AND VAGUE, UNINTELLIGIBLE.

# 135 THE COURT:

OVERRULED.

# 136 DET. BERT LUPER:

DETECTIVE HARPER APPROACHED ME AFTER HIS ARRIVAL AND SUGGESTED THAT WE VIDEOTAPE THE VALUABLES IN THE RESIDENCE AND I AGREED.

# 137 Q:

BY MS. LEWIS: AND WHAT WAS YOUR PURPOSE IN DOING THAT?

# 138 A:

THE PURPOSE WAS STRICTLY FOR CIVIL LITIGATION. WE KNEW THAT MR. SIMPSON HAD QUITE A FEW VALUABLE AND PERSONAL ARTICLES THAT HE HAD WON THROUGHOUT THE YEARS, AND WE CERTAINLY DIDN'T WANT TO BE ACCUSED AT A LATER DATE FOR EITHER BREAKING THEM UP OR STEALING THEM OR WHATEVER.

KEY QUOTE

# 139 Q:

SO WERE YOU THE PERSON WHO ACTUALLY MADE THE DECISION TO HAVE THAT DONE, TO HAVE THE VIDEO -- THE SCENE VIDEOTAPED?

# 140 A:

YES, MA'AM.

# 141 Q:

AND DID YOU DIRECT DETECTIVE HARPER, OR HARO OR SOMEONE ELSE, TO CALL SID AND HAVE SOMEONE COME OUT FOR THAT PURPOSE?

# 142 A:

THAT'S CORRECT, YES, MA'AM.

# 143 Q:

AND IN FACT IN TERMS OF YOUR CONCERN THAT THE CRIME SCENE NOT SUSTAIN DAMAGE WHEN THE SEARCH WARRANT WAS EXECUTED, DID YOU ENSURE THAT SOMETHING WAS DONE WITH REGARD TO THE VANITY IN THE MASTER BEDROOM AND FINGERPRINT DUST?

# 144 A:

YES, MA'AM. THE VANITY -- WELL, NOT THE VANITY. YOU ARE TALKING ABOUT THE LINEN CLOSET, I BELIEVE.

# 145 Q:

WAS THERE A OCCASION WHERE NEWSPAPERS WERE PLACED TO ENSURE THAT THE DUST DID NOT HURT THE CARPETING?

# 146 A:

YES, MA'AM. IT WAS A LINEN CLOSET OR A CABINET AT THE TOP OF THE STAIRS THAT PRIOR TO BEING FINGERPRINTED I REQUESTED THAT NEWSPAPER BE PUT ON THE GROUND SO AS NOT TO DAMAGE THE CARPET.

# 147 Q:

YOU HAVE REVIEWED ALL OF THE CRIME SCENE PHOTOGRAPHS FROM ROCKINGHAM?

# 148 A:

YES, MA'AM, I HAVE.

# 149 Q:

AND OF COURSE YOU HAVE ALSO SEEN THE VIDEOTAPE AS YOU TOLD US; IS THAT RIGHT?

# 150 A:

YES, MA'AM.

# 151 Q:

IS THERE ANYTHING SHOWN ON THE VIDEOTAPE, ANY AREA, AS BEST YOU CAN RECALL, THAT IS NOT ALSO SHOWN ON THE PHOTOGRAPHS THEMSELVES?

# 152 A:

YES, MA'AM.

# 153 Q:

AND WHAT AREA IS THAT?

# 154 A:

THAT WOULD HAVE BEEN THE LINEN CLOSET AREA AT THE TOP OF THE STAIRS.

# 155 Q:

THE ONE YOU JUST DESCRIBED?

# 156 A:

YES, MA'AM.

# 157 Q:

AND DID THAT LINEN CLOSET TURN OUT TO HAVE ANY PARTICULAR EVIDENTIARY SIGNIFICANCE?

# 158 A:

IT HAD NO EVIDENTIARY SIGNIFICANCE AT THE TIME, NO, MA'AM.

# 159 Q:

NOTHING WAS RECOVERED FROM THAT CLOSET?

# 160 A:

NO PRINTS WERE RECOVERED, NO SCIENTIFIC EVIDENCE WAS RECOVERED, NOTHING.

# 161 Q:

AFTER THE VIDEOTAPE WAS COMPLETED, WAS THERE A TIME WHEN YOU PERSONALLY OBTAINED POSSESSION OF IT AGAIN OR I SHOULD SAY FOR THE FIRST TIME WHEN YOU PERSONALLY GOT THE TAPE?

# 162 A:

I GOT IT ON THE 14TH IN THE MORNING.

# 163 Q:

JUNE?

# 164 A:

YES, MA'AM, JUNE, '94.

# 165 Q:

DO YOU RECALL FROM WHOM YOU RECEIVED IT?

# 166 A:

I RECEIVED IT FROM DETECTIVE HARO.

# 167 Q:

AND WHERE WERE YOU AT THAT TIME?

# 168 A:

I WAS IN MY OFFICE AT PARKER CENTER.

# 169 Q:

AND WHAT DID YOU DO WITH THE TAPE?

# 170 A:

I WENT UPSTAIRS TO THE ELECTRONIC SECTION, VIEWED IT, AND RETURNED DOWN TO THE OFFICE TO PREPARE MY EMPLOYEE REPORT REGARDING THE SEARCH, AND I WAS INFORMED THAT IT WASN'T NECESSARY BASED ON THE FACT THAT THE CAPTAIN HAD BEEN AT THE SCENE.

# 171 Q:

WASN'T NECESSARY TO DO AN EMPLOYEE REPORT OF THE EXISTENCE OF THE VIDEOTAPE?

# 172 A:

NO, AN EMPLOYEE REPORT REGARDING THE EXECUTION OF THE WARRANT AND HOW THE PREMISES WAS -- WERE BEFORE WE ARRIVED, AS WELL AS HOW THEY WERE LEFT.

# 173 Q:

YOU INDICATED "THE CAPTAIN." IS THAT CAPTAIN GARTLAND?

# 174 A:

THAT'S CORRECT, YES, MA'AM.

# 175 Q:

YOU INDICATED HE HAD BEEN AT THE SCENE?

# 176 A:

YES, MA'AM.

# 177 Q:

A COUPLE OF MINUTES AGO YOU INFORMED DEFENSE COUNSEL THAT THERE WERE FIVE DETECTIVES AT THE SCENE, TO THE BEST OF YOUR RECOLLECTION. DO YOU RECALL WHEN CAPTAIN GARTLAND WAS THERE?

# 178 A:

HE WAS THERE AFTER I LEFT AND I BELIEVE COUNSEL IS MAKING REFERENCE TO WHO WAS PRESENT DURING THE TAPING OF THE RESIDENCE.

# 179 Q:

NOW, WHERE DID YOU PLACE THE VIDEOTAPE AFTER TAKING POSSESSION OF IT IN THE 14TH -- ON THE 14TH?

# 180 A:

I PUT IT IN MY DESK DRAWER.

# 181 Q:

DID THERE COME A POINT IN TIME WHEN YOU MOVED IT TO THE ROOM AT RHD WHICH WAS SET ASIDE FOR THE SIMPSON CASE?

# 182 A:

YES, MA'AM.

# 183 Q:

WHERE INSIDE THIS ROOM DID YOU PLACE IT?

# 184 A:

IT WAS PLACED IN A FILING CABINET, A LOCKING FILE CABINET, ALONG WITH SEVERAL NOTEBOOKS THAT I HAD IN MY POSSESSION.

# 185 Q:

UMM, HAVE YOU BEEN PRIMARILY INVOLVED SINCE THE TIME OF THE EXECUTION OF THAT SEARCH WARRANT, PRIMARILY INVOLVED WITH A CERTAIN ASPECT OF THE INVESTIGATION OF CLUES AND OTHER ITEMS RELATED TO THIS CASE?

# 186 A:

YES, MA'AM, I HAVE.

# 187 Q:

AND WHAT AREA OF THE INVESTIGATION HAS BEEN THE FOCUS OF YOUR INVOLVEMENT?

# 188 A:

CHICAGO.

# 189 Q:

AND HAVE YOU MADE SEVERAL OR NUMEROUS TRIPS TO CHICAGO OVER THE COURSE OF THE LAST SEVERAL MONTHS?

# 190 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION. WE CAN'T TELL WHAT THE ANSWER IS, SEVERAL OR NUMEROUS.

# 191 THE COURT:

VAGUE.

# 192 Q:

BY MS. LEWIS: ROUGHLY HOW MANY TIMES HAVE YOU BEEN TO CHICAGO AS PART OF THE INVESTIGATION IN THIS CASE?

# 193 A:

I HAVE BEEN THERE FOUR TIMES.

# 194 Q:

AND IN ADDITION TO THE SIMPSON CASE, HAVE YOU HAD OTHER MURDER CASES WHICH YOU HAVE BEEN RESPONSIBLE FOR INVESTIGATING AND SOLVING?

# 195 A:

YES, MA'AM, I HAVE FOUR OTHERS.

# 196 Q:

AND DID -- IN TERMS OF WHEN THE MURDERS OCCURRED, HOW MANY OF THOSE -- IN HOW MANY OF THOSE DID THE MURDERS OCCUR PRIOR TO THE MURDERS HERE ON JUNE 12TH?

# 197 A:

ALL BUT ONE.

# 198 Q:

SO THREE OF THE FOUR WERE MURDER CASES WHICH CAME INTO EXISTENCE AFTER THE MURDERS IN THIS CASE; IS THAT RIGHT?

# 199 A:

NO, THE OTHER WAY AROUND.

# 200 Q:

THREE OF THE MURDERS OCCURRED AND ONE CAME INTO EXISTENCE OR ONE MURDER OCCURRED, I SHOULD SAY, AFTER THE MURDERS IN THIS CASE?

# 201 A:

THAT'S RIGHT, YES, MA'AM.

# 202 Q:

AND HAVE ANY OF THOSE FOUR CASES BEEN COMPLETED IN TERMS OF THROUGH CONVICTION OR ACQUITTAL OR SOME FINAL DISPOSITION?

# 203 MR. COCHRAN:

OBJECT, YOUR HONOR. THIS IS IRRELEVANT AND IMMATERIAL.

# 204 THE COURT:

SUSTAINED.

# 205 MS. LEWIS:

YOUR HONOR, IT JUST GOES TO SHOW THAT HE WAS --

# 206 MR. COCHRAN:

WE DON'T ARGUE, YOUR HONOR.

# 207 THE COURT:

SUSTAINED. SUSTAINED.

# 208 Q:

BY MS. LEWIS: SO YOU HAVE -- IS IT FAIR TO SAY THAT YOU HAVE BEEN WORKING VERY HARD, NOT ONLY ON THE SIMPSON CASE, BUT ON OTHER MURDER CASES AS WELL?

# 209 A:

YES, MA'AM.

# 210 Q:

DID THERE COME A POINT IN TIME WHEN YOU RECALLED THE EXISTENCE OF THE ADMINISTRATIVE CIVIL LIABILITY VIDEOTAPE?

# 211 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.

# 212 THE COURT:

OVERRULED. I WILL DECIDE WHAT IT IS.

# 213 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 214 DET. BERT LUPER:

YES, MA'AM.

# 215 Q:

BY MS. LEWIS: AND I THINK YOU TOLD US FRIDAY, UNDER MR. COCHRAN'S QUESTIONING, THAT DETECTIVE VANNATTER ALERTED YOU THAT YOU WOULD BE TESTIFYING WITH REGARD TO THE SEARCH IN THIS CASE; IS THAT RIGHT?

# 216 A:

YES, MA'AM.

# 217 Q:

AND SUBSEQUENT TO THAT YOU STARTED TO THINK OF CRIME SCENE PHOTOS AND ANYTHING ELSE THAT MIGHT BE AROUND IN THAT REGARD; IS THAT CORRECT?

# 218 A:

THAT'S CORRECT, YES, MA'AM.

# 219 Q:

AND WAS YOUR PURPOSE IN DOING THAT THINKING OF AIDS THAT WOULD BE HELPFUL IN REFRESHING YOUR RECOLLECTION OF THE EVENTS THAT TRANSPIRED DURING THE EXECUTION OF THE SEARCH WARRANT ON THE 13TH?

# 220 A:

YES, MA'AM.

# 221 Q:

AND IS THAT -- APPROXIMATELY AT SOME POINT AFTER THAT, IS THAT WHEN YOU THOUGHT OF THIS VIDEOTAPE AS WELL?

# 222 A:

THAT'S CORRECT.

# 223 Q:

NOW, WHEN YOU THOUGHT OF IT, WHEN DID YOU -- OR WHAT DID YOU DO IN TERMS OF GOING LOOKING FOR THE VIDEOTAPE?

# 224 A:

WELL, THE FIRST PLACE I WENT TO IS THE SID ELECTRONICS LAB FIGURING THAT IT HAD BEEN BOOKED; HOWEVER, I FOUND THAT IT HAD NOT BEEN BOOKED. THEN I REMEMBERED THAT I HAD SEEN IT IN THE FILING CABINET, ALONG WITH SEVERAL OTHER NOTEBOOKS, EARLY ON IN -- EARLY ON IN THE YEAR, SO I WENT UP THERE AND THERE IT WAS.

KEY QUOTE

# 225 Q:

SO IT WAS IN THE IDENTICAL LOCATION WHERE YOU HAD LEFT IT ON JUNE -- WELL, AT SOME POINT WHEN YOU MOVED IT INTO THE WAR ROOM?

# 226 A:

YES, MA'AM.

# 227 Q:

THE WAR ROOM MEANING THE ROOM SET ASIDE AT RHD FOR THE SIMPSON CASE?

# 228 A:

YES, MA'AM.

# 229 Q:

SO IT APPEARED THAT NO ONE ELSE HAD MOVED IT OR CERTAINLY IT DID NOT APPEAR TO HAVE BEEN MOVED AT ALL WITHIN THAT FILE CABINET? IS THAT ACCURATE?

# 230 A:

THAT WOULD BE ACCURATE, YES, MA'AM.

# 231 THE COURT:

HOW WAS THIS TAPE MARKED?

# 232 DET. BERT LUPER:

IT WAS MARKED WITH THE STANDARD LABEL, JUST "O.J. SIMPSON'S HOUSE."

# 233 Q:

BY MS. LEWIS: YOU INDICATED FRIDAY THAT YOU -- THAT SOMEONE NOTIFIED THE CITY ATTORNEY'S OFFICE OF THE EXISTENCE OF THE TAPE?

# 234 A:

YES, MA'AM.

# 235 Q:

DID YOU DO THAT YOURSELF OR DID SOMEONE ELSE?

# 236 A:

THAT WASN'T DONE BY ME, NO, MA'AM.

# 237 Q:

ARE YOU AWARE OF WHAT THE PURPOSE WAS IN DOING SO?

# 238 A:

NOT REALLY.

# 239 MR. COCHRAN:

CALLS FOR SPECULATION, YOUR HONOR.

# 240 THE COURT:

OVERRULED. HE SAID NOT REALLY.

# 241 Q:

BY MS. LEWIS: IS THE -- I'M SURE THE COURT KNOWS THIS, BUT FOR THE RECORD, IS THE CITY ATTORNEY'S OFFICE -- DO THE CITY ATTORNEYS REPRESENT THE DEPARTMENT WHEN IT IS SUED FOR THINGS SUCH AS DESTRUCTION OF PROPERTY DURING SEARCH WARRANTS?

# 242 A:

THAT'S RIGHT, YES, MA'AM.

# 243 Q:

THEY ARE THE DEPARTMENT'S LAWYER SO TO SPEAK?

# 244 A:

YES, MA'AM.

# 245 Q:

NOT TO SO TO SPEAK, BUT THEY ARE?

# 246 A:

YES, MA'AM.

# 247 MS. LEWIS:

MAY I HAVE JUST A MOMENT, YOUR HONOR?

# 248 THE COURT:

CERTAINLY. (BRIEF PAUSE.)

# 249 (DISCUSSION HELD OFF THE RECORD BETWEEN MS. LEWIS AND DETECTIVE LANGE.)

# 250 Q:

BY MS. LEWIS: DETECTIVE LUPER, WHY DIDN'T YOU HAVE THE VIDEOGRAPHER RECORD THE GLOVE ALONG THE SOUTH SIDE OF ROCKINGHAM?

# 251 A:

WELL, THE PURPOSE OF THE -- OF THE TAPE WAS NOT TO RECORD WHERE EVIDENCE WAS LOCATED. IT WASN'T A CRIME SCENE, PER SE, TAPE. IF IT HAD BEEN, WE WOULD HAVE BEEN RECORDING THE INSIDE OF THE BRONCO AND OTHER AREAS AND JUST THAT WASN'T THE PURPOSE OF IT.

# 252 MR. COCHRAN:

YOUR HONOR, MOVE TO STRIKE THAT LAST QUESTION AND ANSWER. THE EVIDENCE -- ASSUMES A FACT NOT IN EVIDENCE. THE COURT WAS WELL AWARE THAT GLOVE HAD BEEN REMOVED EARLIER THAT MORNING.

# 253 THE COURT:

OVERRULED.

# 254 Q:

BY MS. LEWIS: AND WERE THE BLOOD DROPS ON THE DRIVEWAY VIDEOTAPED?

# 255 A:

NO, MA'AM.

# 256 Q:

NOW, DID YOU NOTICE THAT APPARENTLY A COUPLE OF BLOOD DROPS ON THE FOYER OF THE INTERIOR OF THE HOUSE WERE VIDEOTAPED?

# 257 A:

THAT'S CORRECT, YES, MA'AM, I SAW THAT.

# 258 Q:

AND DID YOU NOTICE THAT THE WOOD WHERE THOSE DROPS APPEAR ALSO APPEARS TO BE LIGHT-COLORED WOOD?

# 259 A:

THAT'S CORRECT, YES, MA'AM.

# 260 Q:

SO THOSE BLOOD DROPS WOULD REPRESENT, IN ADDITION TO PERHAPS CRIME SCENE PURPOSES, DAMAGE TO THE PROPERTY, WHETHER CAUSED BY LAPD OR SOMEONE ELSE, BUT THEY WOULD REPRESENT SOME MINOR AMOUNT OF DAMAGE; IS THAT CORRECT?

# 261 A:

THAT'S CORRECT, YES, MA'AM.

# 262 MS. LEWIS:

THANK YOU. I HAVE NO FURTHER QUESTIONS.

Temperature

procedural

Key Quotes (4)

Detective Luper

I RETURNED IT TO AS CLOSE AS THE WAY I HAD FOUND IT, MAYBE A LITTLE BETTER.

Luper admits the Rockingham scene was deliberately rearranged before the videotape was shot, undermining the tape's value as an accurate crime scene record.

Detective Luper

THE PURPOSE WAS STRICTLY FOR CIVIL LITIGATION. WE KNEW THAT MR. SIMPSON HAD QUITE A FEW VALUABLE AND PERSONAL ARTICLES THAT HE HAD WON THROUGHOUT THE YEARS, AND WE CERTAINLY DIDN'T WANT TO BE ACCUSED AT A LATER DATE FOR EITHER BREAKING THEM UP OR STEALING THEM OR WHATEVER.

Confirms the videotape was not a crime scene record but a liability protection measure — reframing the defense's use of it to imply planted/missing evidence.

Detective Luper

IT WAS PRIOR TO THE SHOOTING OF THE VIDEOTAPE, ANYWHERE FROM 2:30 TO 4:15, I WOULD SAY.

Luper places evidence collection before videotaping, but the imprecise window leaves open the defense's argument that socks could have been placed after the tape was shot.

Detective Luper

THE FIRST PLACE I WENT TO IS THE SID ELECTRONICS LAB FIGURING THAT IT HAD BEEN BOOKED; HOWEVER, I FOUND THAT IT HAD NOT BEEN BOOKED.

Confirms the videotape was never formally booked into evidence — a chain-of-custody gap the defense had exploited.

Evidence (5)

Defense 1068

Rockingham crime scene videotape shot on June 13, 1994, originally for civil liability documentation

played in court; discussed for timing of arrival, evidence collection sequencing, and chain of custody

People's 158

Rockingham crime scene log, used to refresh Luper's recollection of personnel arrival times

marked for identification; shown to witness to refresh recollection

Informal

Right-handed glove recovered from top drawer of chest in OJ Simpson's master bedroom walk-in closet

discussed; established it was a lone glove, not part of a pair at time of recovery

Informal

Blood drops on Rockingham driveway and interior foyer

discussed; established driveway drops were not videotaped, foyer drops were

Informal

Socks recovered from master bedroom carpet

discussed; timing of recovery relative to videotaping disputed

Notable Exchanges (3)

Cheri Lewis•Detective Luper

Lewis establishes that the videotape cannot establish when evidence was collected — the scene was rearranged before taping and the camera stopped before showing the sock recovery location.

strategic

Cheri Lewis•Detective Luper

Lewis elicits that the videotape was stored in Luper's personal desk drawer and then a war-room filing cabinet, never formally booked as evidence, and labeled only 'O.J. Simpson's House.'

revealing

Johnnie Cochran•Lance A. Ito

Cochran objects repeatedly on form and relevance, winning sustained rulings on the other-cases question and the reading-from-log question, but mostly overruled.

procedural

Credibility Attacks (1)

⚔ LAPD crime scene process

eliciting procedural admissions on cross

Lewis (for prosecution, rehabilitating) establishes that the scene rearrangement and informal tape storage were deliberate and purposeful decisions, not negligence — preemptively defusing the defense's chain-of-custody attack on the videotape.

Witness Demeanor

(NO AUDIBLE RESPONSE) — brief hesitation when asked about timing of interior evidence collection

Objections

9 objections (4 sustained, 4 overruled)

Proceeding 5562 • 262 utterances • Defense witness

Criminal Trial

Department 103