Direct examination of Detective Adalberto Luper

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

Address:

C:\DEPT103\CRIMINAL\1995\APR\3\DIRECT-EXAMINATION-OF-DETECTIV.DOC

TRIAL

▲ Day 50 of 167

◀ Morning session opening Cross-examination of Detective Adalberto Luper ▶

Witness: Det. Bert Luper
Examiner: Johnnie Cochran
Called by: Defense • Date: Monday, April 3, 1995 • Utterances: 55

Cochran resumed direct examination of Detective Luper, clarifying how many officers were present during the June 13, 1994 video shoot at Rockingham (five, confirmed by crime scene log) and the time window (3:15–4:45 PM). The most significant exchange concerned a glove Luper found in a bedroom dresser drawer, which he held in his hand and inadvertently set on a table — captured on video — while waiting for Lange and Vannatter to arrive and assess whether it matched the Rockingham glove.

# 1 THE COURT:

MR. COCHRAN.

# 2 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 3

DIRECT EXAMINATION (RESUMED)

# 4

BY MR. COCHRAN:

# 5 Q:

DETECTIVE LUPER, ON FRIDAY WE WERE TALKING ABOUT THE NUMBER OF OFFICERS WHO WERE PRESENT AT THE TIME OF THE SHOOTING OF THE VIDEO ON JUNE 13 OF 1994 AT ROCKINGHAM. DO YOU RECALL THAT?

# 6 A:

YES, SIR.

# 7 Q:

AND DO YOU RECALL HOW MANY OFFICERS WERE ACTUALLY PRESENT?

# 8 A:

UMM, LIKE I STATED, I BELIEVE THERE WAS FIVE TO SEVEN OFFICERS AND IN MY PREVIOUS TESTIMONY I THINK I GAVE FIVE OF THE OFFICERS.

# 9 Q:

THERE WERE FIVE TO SEVEN?

# 10 A:

YES, SIR, AND I HAVE SINCE CHECKED MY CRIME SCENE LOG AND I THINK THERE WAS ONLY FIVE.

# 11 Q:

OKAY. WHO WERE THE FIVE?

# 12 A:

THAT WOULD HAVE BEEN DETECTIVE HARPER, DETECTIVE HARO, DETECTIVE LEFALL, MYSELF AND DETECTIVE ROGERS, I BELIEVE IS THE FIFTH ONE, FROM WEST LOS ANGELES.

# 13 Q:

ROGERS OR ROBERTS?

# 14 A:

I'M SORRY, ROBERTS.

# 15 Q:

ROBERTS IS FROM WEST L.A. AND WERE THERE OTHER NON-POLICE PERSONNEL ALSO PRESENT?

# 16 A:

I BELIEVE MR. FUNG AND MISS MAZZOLLA, THE SID PHOTOGRAPHER, AND I BELIEVE THERE MIGHT HAVE BEEN THE SID PHOTOGRAPHERS, BUT I'M NOT TOO CERTAIN ON THAT.

# 17 Q:

YOU MEAN A PHOTOGRAPHER OTHER THAN MR. FORD WHO TESTIFIED BEFORE YOU ON THE STAND?

# 18 A:

YES, SIR.

# 19 Q:

ALL RIGHT. ANYONE ELSE THAT YOU RECALL BEING THERE?

# 20 A:

THE PRINT PEOPLE HAD ALREADY LEFT AND THEN YOU HAD THE PATROL OFFICERS THAT WERE STATIONED OUTSIDE ON ROCKINGHAM.

# 21 Q:

ALL RIGHT. AND WHAT IS YOUR BEST RECOLLECTION, SIR, OF THE TIME OF THIS VIDEO SHOOT? WHAT TIME WAS IT BEING SHOT?

# 22 A:

WELL, UMM, IT HAD TO HAVE BEEN SHOT BETWEEN 3:15 AND 6:45. I'M SORRY, 3:15 AND 4:45.

# 23 Q:

ALL RIGHT. IN THAT TIME FRAME; IS THAT RIGHT?

# 24 A:

YES, SIR.

# 25 Q:

ALL RIGHT. YOU REFERRED TO A LOG WHICH HELPS YOU VERIFY THAT ALSO, CORRECT?

# 26 A:

THAT'S CORRECT SIR.

# 27 Q:

OKAY. 3:15 TO 4:45. NOW, ON FRIDAY WE MENTIONED AND WE SAW ON THE VIDEO KIND OF A ZOOM-IN SHOT ON A GLOVE ON A TABLE WITH A PICTURE OF THE MINOR DAUGHTER OF MR. SIMPSON, SYDNEY. DO YOU RECALL THAT?

# 28 A:

YES, SIR.

# 29 Q:

AND HOW WAS THAT GLOVE PLACED THERE ON THAT TABLE?

# 30 A:

THAT WAS PLACED BY MYSELF INADVERTENTLY WHILE EXAMINING SOMEWHAT I THOUGHT WERE BLOOD SPOTS ON THE HALLWAY ON THE WOODEN FLOOR GOING FROM THE FRONT OF THE RESIDENCE INTO THE DEN AREA.

KEY QUOTE

# 31 Q:

ALL RIGHT. NOW, THESE DID NOT TURN OUT TO BE BLOOD SPOTS; IS THAT RIGHT?

# 32 A:

NO, SIR, THEY DID NOT.

# 33 Q:

WHEN YOU SAY INADVERTENTLY WHAT HAPPENED? YOU HAD TAKEN THE GLOVE FROM SOMEPLACE IN THE HOUSE? YOU HAD IT IN YOUR HAND AND YOU PUT IT ON THIS TABLE?

# 34 A:

YES, SIR. I HAD IT IN MY POSSESSION FROM THE TIME I PERFORMED THE SEARCH IN THE BEDROOM AND I WAS HOLDING IT BECAUSE THE INFORMATION I HAD WAS THAT WE HAD ONLY HAD ONE GLOVE AT THAT TIME AND I WANTED TO HOLD IT UNTIL DETECTIVE LANGE AND VANNATTER RESPONDED TO THE SCENE, SO WE COULD -- YOU KNOW THEY COULD MAKE A DETERMINATION WHETHER IT WAS NEEDED OR NOT.

KEY QUOTE

# 35 Q:

ALL RIGHT. AND THE INFORMATION YOU HAVE THAT YOU HAD ONLY ONE GLOVE WAS THE ONE GLOVE THAT HAD BEEN FOUND AT HAD BUNDY LOCATION; IS THAT CORRECT?

# 36 A:

NO, SIR, THE ONE FOUND AT THE ROCKINGHAM LOCATION.

KEY QUOTE

# 37 Q:

I SEE. SO YOU KNEW ABOUT THAT GLOVE AND SO YOU THOUGHT THE GLOVE THAT YOU HAD PICKED UP PURSUANT TO THE SEARCH WARRANT, YOU WERE TRYING TO SEE IF THAT WOULD BE A MATCH TO THE GLOVE THAT HAD BEEN FOUND AT ROCKINGHAM?

# 38 A:

EITHER A MATCH OR THEY COULD COMPARE IT AS TO WHAT THEY HAD FOUND.

# 39 Q:

WHERE HAD YOU FOUND THIS GLOVE?

# 40 A:

IT WAS FOUND IN THE TOP DRAWER OF A CHEST OF DRAWERS LOCATED ON THE NORTH -- I'M SORRY -- ON THE NORTH WALL OF THE CLOSET, I THINK ON THE EAST SIDE, I BELIEVE, EAST OR WEST SIDE. I DON'T RECALL WHICH ONE. THERE WAS TWO CHEST OF DRAWERS THERE.

# 41 Q:

AND PURSUANT TO THE SEARCH WARRANT YOU PICKED IT UP AND THEN YOU PLACED IT ON THIS TABLE; IS THAT CORRECT?

# 42 A:

THAT'S CORRECT, SIR.

# 43 Q:

THIS WAS FILMED THEN BY MR. FORD; IS THAT CORRECT, SIR?

# 44 A:

THAT'S CORRECT. IT WAS ALSO PHOTOGRAPHED BY STILL PHOTOGRAPHY ALSO.

# 45 Q:

NOW, AS I UNDERSTAND YOUR TESTIMONY ALSO, THE VIDEO WAS SHOT AFTER THE RECOVERY OF ALL THE EVIDENCE IN THE RESIDENCE; IS THAT CORRECT?

# 46 A:

THAT'S CORRECT, YES.

# 47 Q:

NOW, DID YOU MAKE ANY NOTES OR DO YOU HAVE ANY POLICE REPORTS AT ALL WITH REFERENCE TO YOUR RECEIPT OF THE TAPE AND PLACING IT IN YOUR DRAWER AND THEN LATER IN THE FILE CABINET?

# 48 A:

NO, SIR.

# 49 Q:

HAVE YOU MADE ANY NOTES OR ANY REPORTS ABOUT YOUR SUBSEQUENT TURNING OVER OF THIS TAPE TO THE DISTRICT ATTORNEY'S OFFICE?

# 50 A:

NO, SIR.

# 51 Q:

AND SO THAT WE ARE CLEAR, WHAT DATE WAS THAT THAT YOU TURNED IT OVER TO THE D.A.'S OFFICE?

# 52 A:

THAT WAS -- I BELIEVE IT WAS TURNED OVER TO THEM ON MARCH 24TH.

# 53 Q:

THAT WAS A FRIDAY?

# 54 A:

YES, SIR.

# 55 MR. COCHRAN:

VERY WELL. THANK YOU VERY KINDLY.

Temperature

procedural

Key Quotes (4)

Detective Luper

THAT WAS PLACED BY MYSELF INADVERTENTLY WHILE EXAMINING SOMEWHAT I THOUGHT WERE BLOOD SPOTS ON THE HALLWAY ON THE WOODEN FLOOR GOING FROM THE FRONT OF THE RESIDENCE INTO THE DEN AREA.

Luper admits he personally moved a glove and set it on a table visible in the crime scene video — potential chain-of-custody issue.

Detective Luper

I HAD IT IN MY POSSESSION FROM THE TIME I PERFORMED THE SEARCH IN THE BEDROOM AND I WAS HOLDING IT BECAUSE THE INFORMATION I HAD WAS THAT WE HAD ONLY HAD ONE GLOVE AT THAT TIME AND I WANTED TO HOLD IT UNTIL DETECTIVE LANGE AND VANNATTER RESPONDED TO THE SCENE.

A detective was hand-carrying a glove around the crime scene before senior detectives arrived, raising evidence-handling concerns.

Detective Luper

NO, SIR, THE ONE FOUND AT THE ROCKINGHAM LOCATION.

Clarifies the detective's confusion — he knew about the Rockingham glove, not the Bundy glove, contradicting Cochran's leading question.

Detective Luper

NO, SIR. / NO, SIR.

Luper confirms he made no notes or reports about receiving the video tape, storing it, or turning it over to the DA — a documentation gap the defense can exploit.

Evidence (4)

Informal

Crime scene video of Rockingham, shot June 13, 1994 between 3:15 and 4:45 PM by photographer Ford

discussed

Informal

Glove found in top drawer of chest of drawers in bedroom closet at Rockingham, hand-carried by Luper and set on table during search

discussed

Informal

Crime scene log used by Luper to verify officer count and time window

referenced

Informal

Video tape turned over to the DA's office on March 24

discussed

Notable Exchanges (2)

Johnnie Cochran•Detective Luper

Cochran walks Luper through the glove-on-table incident: Luper found a glove in a bedroom drawer, held it in his hand while examining possible blood spots, and set it down on a table (next to a photo of Sydney Simpson) where it was captured on video — all without documentation.

strategic

Johnnie Cochran•Detective Luper

Cochran establishes that Luper made no notes or reports about receiving, storing, or transferring the crime scene video tape to the DA — a deliberate chain-of-custody gap.

revealing

Credibility Attacks (2)

⚔ Detective Luper

omission / documentation failure

Luper admitted he made no notes or reports about taking possession of the video tape, storing it in his drawer then file cabinet, or turning it over to the DA on March 24 — leaving the tape's chain of custody entirely undocumented.

⚔ Detective Luper

improper evidence handling

Luper personally handled a glove found in the bedroom, carried it around the crime scene, and inadvertently placed it on a table where it was filmed — without logging this movement — raising questions about contamination and tampering.

Objections

None recorded

Proceeding 5561 • 55 utterances • Defense witness

Criminal Trial

Department 103