Direct examination of Detective James Arthur Harper

📄 Direct examination of Detective James Arthur Harper — Monday, April 3, 1995

Address:

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

TRIAL

▲ Day 50 of 167

◀ Witness transition Cross-examination of Detective James Arthur Harper ▶

Witness: Det. James Harper
Examiner: Johnnie Cochran
Called by: Defense • Date: Monday, April 3, 1995 • Utterances: 143

Johnnie Cochran conducted a brief direct examination of Detective James Harper, a Robbery/Homicide detective who arrived at the Rockingham estate around 1:50 PM on June 13, 1994. Harper testified about directing photographer Ford to shoot the exterior of the property, and confirmed seeing Marcia Clark on the scene talking with Detective Fuhrman for approximately five minutes, both outside and inside the residence.

# 1 THE COURT:

ALL RIGHT. DETECTIVE HARPER.

JAMES ARTHUR HARPER, (402) CALLED AS A WITNESS BY THE DEFENDANT, PURSUANT TO EVIDENCE CODE SECTION 402, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 2 THE CLERK:

PLEASE RAISE YOUR RIGHT HAND TO BE SWORN. 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.

# 3 DET. JAMES HARPER:

I DO.

# 4 THE CLERK:

PLEASE STATE AND SPELL BOTH YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 5 DET. JAMES HARPER:

JAMES ARTHUR HARPER, H-A-R-P-E-R.

DIRECT EXAMINATION BY MR. COCHRAN:

# 6 Q:

GOOD MORNING, DETECTIVE HARPER. HOW ARE YOU THIS MORNING?

# 7 A:

HOW YOU DOING.

# 8 Q:

SIR, I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO THE DATE OF JUNE 13, 1994, IN THE AFTERNOON HOURS. YOU WERE ASSIGNED AS A DETECTIVE FROM ROBBERY/HOMICIDE AND WERE AT THE ROCKINGHAM LOCATION, WERE YOU?

# 9 A:

THAT'S CORRECT.

# 10 Q:

AND TO THE BEST OF YOUR RECOLLECTION WHAT TIME DID YOU ARRIVE AT THAT LOCATION ON THAT DATE?

# 11 A:

AT TEN MINUTES TO 2:00 IN THE AFTERNOON.

# 12 Q:

AND DID YOU ARRIVE IN THE COMPANY OF SOME OTHER OFFICERS?

# 13 A:

YES.

# 14 Q:

WHO DID YOU COME WITH?

# 15 A:

MY PARTNER, DETECTIVE RICHARD HARO, AND DETECTIVE CLIFF LEFALL.

# 16 Q:

ALL RIGHT. ANY OTHER OFFICERS?

# 17 A:

WE CAME IN THE SAME CAR, SO I DON'T BELIEVE THERE WAS ANYONE ELSE.

# 18 Q:

SO THE THREE OF YOU CAME TOGETHER?

# 19 A:

YES, SIR.

# 20 Q:

HARO, YOURSELF AND LEFALL?

# 21 A:

YES, SIR.

# 22 Q:

ALL RIGHT. WHEN YOU ARRIVED AT THE LOCATION, DID YOU HAVE OCCASION TO SEE SOME OTHER OFFICERS THERE, SOME DETECTIVES FROM ROBBERY/HOMICIDE?

# 23 A:

YES.

# 24 Q:

WHO DID YOU SEE THERE?

# 25 A:

DETECTIVE FUHRMAN, ROBERTS, AND DETECTIVE PHILLIPS, DETECTIVE LUPER AND IT WAS -- IT WAS QUITE A FEW OTHER PEOPLE THERE, TOO. I DON'T RECALL ANY OTHER NAMES.

# 26 Q:

ALL RIGHT. SO WOULD I BE CORRECT IN ASSUMING THERE WERE AT LEAST SEVEN DETECTIVES THERE AFTER YOU ARRIVED WITH YOUR THREE?

# 27 A:

AT LEAST SEVEN, YES.

# 28 Q:

SO IT WOULD BE AT LEAST THE THREE OF YOU, LUPER, FUHRMAN, PHILLIPS, ROBERTS, WERE ALL THERE AT THAT POINT; IS THAT CORRECT?

# 29 A:

YES, SIR.

# 30 Q:

NOW, AT SOME TIME AFTER YOU ARRIVED WERE YOU AWARE OF THE ARRIVAL OF A MR. ADKINS AND MR. FORD FROM THE PHOTOGRAPHIC LAB OF THE SCIENTIFIC INVESTIGATION DIVISION?

# 31 A:

YES.

# 32 Q:

TO THE BEST OF YOUR RECOLLECTION WHAT TIME DID THEY ARRIVE?

# 33 A:

I BELIEVE THEY GOT THERE ABOUT TEN MINUTES AFTER 3:00.

# 34 Q:

ABOUT 3:10?

# 35 A:

ABOUT 3:10, YES, SIR.

# 36 Q:

AND WHEN THEY ARRIVED, DID YOU HAVE OCCASION TO SPEAK WITH MR. FORD, AN ACTUAL PHOTOGRAPHER, YOURSELF?

# 37 A:

YES, I DID.

# 38 Q:

DID YOU GIVE HIM SOME INSTRUCTIONS, SIR?

# 39 A:

YES, I DID.

# 40 Q:

WOULD YOU TELL THE COURT WHAT YOU TOLD MR. FORD UPON HIS ARRIVAL AT OR ABOUT 3:10 IN THE AFTERNOON ON JUNE 13.

# 41 A:

I MET MR. FORD AND MR. ADKINS OUT FRONT AT THE ROCKINGHAM GATE AND I TOLD THEM THAT WE NEEDED THEM TO PHOTOGRAPH FIRST THE OUTSIDE OF THE -- THE ESTATE AND ALSO INSIDE AND IT WAS FOR ADMINISTRATIVE PURPOSES AND THAT IS BASICALLY WHAT I TOLD THEM. WE STARTED OUTSIDE. I DIRECTED THEM TO SHOOT THE OUTSIDE AND THE SIDES OF BOTH THE NORTH AND THE SOUTH SIDE OF THE HOUSE.

KEY QUOTE

# 42 Q:

ALL RIGHT. YOU SPECIFICALLY TOLD FORD TO SHOOT THE SOUTH SIDE OF THE HOUSE?

# 43 A:

YES, THE GARAGE AREA.

# 44 Q:

AND DID YOU SEE HIM SHOOT THE SOUTH SIDE OF THE HOUSE?

# 45 A:

YES. I WAS STANDING RIGHT -- RIGHT NEXT TO HIM.

# 46 Q:

AND THAT -- AS FAR AS YOU KNOW, THAT IS IN THE VIDEO, THE SHOOTING OF THE SOUTH SIDE OF THE SIMPSON RESIDENCE?

# 47 A:

I BELIEVE SO.

# 48 Q:

WITH REGARD TO THIS ADMINISTRATIVE PURPOSES THAT YOU SPOKE ABOUT, THE POLICE DIDN'T DO ANY DAMAGE TO THE OUTSIDE OF THE HOUSE, DID THEY?

# 49 A:

NO.

# 50 Q:

YOU JUST HAD THE OUTSIDE OF THE HOUSE SHOT THOUGH; IS THAT CORRECT?

# 51 A:

YES.

# 52 Q:

NORTH AND SOUTH SIDES?

# 53 A:

YES.

# 54 Q:

DO YOU KNOW WHETHER OR NOT THE -- THERE IS A WALKWAY DOWN THE SOUTH SIDE OF THE HOUSE. WAS THERE ANY SHOTS MADE OF THAT PARTICULAR PART OF THE HOUSE, THE WALKWAY ON THE SOUTH SIDE?

# 55 A:

I BELIEVE IT WAS DONE FROM A DISTANCE, FROM THE STREET AS HE WAS WALKING TOWARD -- HE WAS SHOOTING AS HE WAS WALKING TOWARD THE HOUSE.

# 56 Q:

OKAY. THAT WAS DONE BY FORD?

# 57 A:

YES.

# 58 Q:

ALL RIGHT. AND THEN HOW LONG, IF YOU KNOW, DID HE SPEND SHOOTING THE EXTERIOR OF THE ROCKINGHAM RESIDENCE?

# 59 A:

PROBABLY -- HE WAS THERE A TOTAL OF PROBABLY MAYBE AN HOUR AND TEN MINUTES, BUT I THINK IT WAS ONLY LIKE 25 MINUTES OF ACTUAL FILM, FROM WHAT I REMEMBER WATCHING IT. IT WAS ONLY LIKE 25 MINUTES LONG.

# 60 Q:

25 MINUTES OF OUTSIDE AND INTERIOR?

# 61 A:

YES, THE WHOLE SHOT.

# 62 Q:

THE WHOLE THING? ALL RIGHT. NOW, WHILE MR. FORD WAS THERE AND SHOOTING, MARCIA CLARK CAME, DID SHE NOT?

# 63 A:

I BELIEVE I REMEMBER SEEING HER THERE AT SOME POINT.

# 64 Q:

AND YOU RECALL THAT WHILE SHE WAS THERE WAS FORD SHOOTING THE VIDEO DURING THAT PERIOD OF TIME, IF YOU RECALL?

# 65 A:

I DON'T -- I DON'T RECALL IF HE WAS OR NOT.

# 66 Q:

ALL RIGHT. AND TELL US WHAT TIME IS YOUR BEST RECOLLECTION THAT MARCIA CLARK ARRIVED ON THE SCENE?

# 67 A:

WE GOT THERE -- LIKE I SAID, WE GOT THERE AT TEN MINUTES OF 2:00. WE LEFT AT 4:30, I BELIEVE, SO SHE GOT THERE SOMETIME DURING THAT TIME. I JUST REMEMBER SEEING HER BRIEFLY.

# 68 Q:

BETWEEN 1:50 AND 4:30?

# 69 A:

YES.

# 70 Q:

HAVE YOU HAD OCCASION TO REVIEW ANY LOGS OR ANYTHING THAT MIGHT REFRESH YOUR RECOLLECTION AS TO WHAT TIME SHE ACTUALLY ARRIVED?

# 71 A:

NO, I HAVE NOT.

# 72 Q:

IF SHE DOESN'T APPEAR ON THE LOG, THAT IS AN INDICATION THAT SHE JUST DIDN'T SIGN IT WHEN SHE GOT THERE?

# 73 A:

THAT IS A POSSIBILITY.

# 74 Q:

DO YOU RECALL -- ONCE SHE GOT THERE, TELL THE COURT WHAT YOU OBSERVED HER DOING, IF ANYTHING?

# 75 A:

I BELIEVE AT ONE POINT I SAW HER TALKING TO DETECTIVE FUHRMAN.

KEY QUOTE

# 76 Q:

SHE WAS SITTING AT A TABLE, WASN'T SHE, SITTING DOWN OUTSIDE TALKING TO DETECTIVE FUHRMAN?

# 77 A:

AT ONE POINT, YES.

# 78 Q:

AND HOW LONG HAD SHE BEEN THERE AT THE TIME THAT SHE WAS SEATED AT THIS TABLE TALKING TO DETECTIVE FUHRMAN?

# 79 A:

I DON'T RECALL, BECAUSE I DON'T REMEMBER SEEING HER COME IN.

# 80 Q:

SO YOU DON'T KNOW WHEN SHE HAD GOTTEN THERE?

# 81 A:

NO.

# 82 Q:

YOU JUST SAW HER TALKING TO HIM?

# 83 A:

YES.

# 84 Q:

HOW LONG DID YOU SEE THEM TALKING, IF YOU KNOW?

# 85 A:

THEY STARTED OUTSIDE AND THEN I BELIEVE THEY CAME INSIDE BECAUSE OF THE HELICOPTERS AND THE NEWS PEOPLE WERE ABOVE.

# 86 Q:

TAKING PICTURES OF THEM, RIGHT?

# 87 A:

I ASSUME, YES.

# 88 Q:

SO THE --

# 89 A:

THEY CAME --

# 90 Q:

SORRY?

# 91 A:

THEY CAME INSIDE AND STARTED TALKING, SO TOTAL PROBABLY THAT I SAW, THE CONVERSATION HAD NOT STOPPED, SO I DON'T KNOW HOW LONG SHE TALKED TO THEM.

KEY QUOTE

# 92 Q:

JUST TELL THE COURT THEN HOW MUCH TIME DID YOU SEE THEM TALKING KEEPING IN MIND YOU DIDN'T SEE THEM WHEN THEY STARTED, AND KEEPING IN MIND YOU DIDN'T SEE THEM WHEN THEY FINISHED, HOW LONG DID YOU SEE THEM TALKING?

# 93 A:

MAYBE FIVE MINUTES.

# 94 Q:

AND PART OF THAT CONVERSATION WAS OUTSIDE AND THEN PART WAS INSIDE; IS THAT RIGHT?

# 95 A:

YES, SIR.

# 96 Q:

OKAY. WAS SHE ACCOMPANIED BY ANYBODY ELSE FROM THE DISTRICT ATTORNEY'S OFFICE, IF YOU KNOW?

# 97 A:

I BELIEVE MR. HODGMAN WAS THERE, BUT I'M NOT SURE.

# 98 Q:

YOU THINK BILL HODGMAN WAS THERE?

# 99 A:

I BELIEVE SO.

# 100 Q:

AND DID HE SEEM TO COME WITH HER?

# 101 A:

I HAVE NO IDEA.

# 102 Q:

AND WHEN SHE WAS TALKING TO FUHRMAN, WAS HODGMAN PRESENT?

# 103 A:

IF IN FACT HE WAS THERE, YES, I BELIEVE THAT IS WHERE I SAW HIM.

# 104 Q:

OKAY. NOW, DID YOU SEE HER TALKING WITH ANY OF THE OFFICERS WHILE SHE WAS THERE?

# 105 A:

NO.

# 106 Q:

DID YOU EVER SEE ANY OF THE OFFICERS TAKE HER ON A WALK-THROUGH OF THE PREMISES AT ROCKINGHAM WHILE SHE WAS THERE?

# 107 A:

NO.

# 108 Q:

WERE YOU -- DURING MOST OF THIS TIME, FROM THE TIME YOU ARRIVED THERE AT 1:50 TO 4:30, WERE YOU OUTSIDE THE PREMISES AND ALSO INSIDE?

# 109 A:

YES, ON THE FIRST FLOOR AND OUTSIDE IN THE YARD BY THE GARAGE. MOSTLY IN THE GARAGE AREA.

# 110 Q:

AS I UNDERSTAND IT, INSTRUCTIONS TO MR. FORD WAS TO SHOOT ANY AND EVERYTHING THAT WAS RECOVERED IN THE COURSE OF THE SEARCH WARRANT, RIGHT?

# 111 A:

NO.

# 112 Q:

YOU DON'T UNDERSTAND THAT THAT WAS -- DID YOU COME TO KNOW THAT WAS HIS UNDERSTANDING OF WHAT HE WAS SUPPOSED TO DO THAT DAY?

# 113 MS. LEWIS:

MISSTATES THE TESTIMONY AND ASSUMES FACTS NOT IN EVIDENCE.

# 114 THE COURT:

OVERRULED.

# 115 MR. COCHRAN:

THAT IS WHAT FORD SAID.

# 116 DET. JAMES HARPER:

THAT IS NOT WHAT I TOLD HIM.

KEY QUOTE

# 117 Q:

BY MR. COCHRAN: THAT IS NOT WHAT YOU TOLD HIM?

# 118 A:

NO.

# 119 Q:

YOU TOLD HIM TO SHOOT OUTSIDE?

# 120 A:

CORRECT.

# 121 Q:

WHEN YOU WENT INSIDE DID YOU SEE SOME OTHER DETECTIVE TALK TO HIM?

# 122 A:

YES.

# 123 Q:

WHO WAS THAT?

# 124 A:

MY PARTNER, DETECTIVE RICHARD HARO.

# 125 Q:

HARO? WERE YOU PRESENT WHEN HARO SPOKE TO HIM?

# 126 A:

NO. I BELIEVE I HAD ANOTHER ASSIGNMENT IN THE GARAGE AREA SO I JUST LEFT AND TURNED HIM OVER TO HARO, SO I DON'T KNOW WHAT THEY DISCUSSED.

# 127 Q:

YOU DON'T KNOW WHAT THEY DISCUSSED, RIGHT? WHEN MARCIA CLARK WAS OUT THERE DID YOU TALK WITH HER AT ALL THAT DAY?

# 128 A:

NO.

# 129 Q:

DID YOU KNOW WHO SHE WAS AT THAT POINT?

# 130 A:

YES, I KNOW MARCIA.

# 131 Q:

YOU KNEW HER FROM BEFORE?

# 132 A:

YES.

# 133 Q:

HAVE YOU SEEN ANY REPORTS, ANY POLICE REPORTS GENERATED IN THIS CASE THAT WOULD HELP US OUT ON THE TIMES AS TO WHEN MISS CLARK ARRIVED AND WHO SHE TALKED TO AND WHAT SHE OBSERVED?

# 134 A:

I HAVE NOT PERSONALLY, NO.

# 135 MR. COCHRAN:

MAY I HAVE JUST A SECOND, YOUR HONOR?

# 136 THE COURT:

CERTAINLY.

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

# 138 Q:

BY MR. COCHRAN: AS I UNDERSTAND YOUR TESTIMONY, DETECTIVE HARPER, YOU NEVER, WHILE YOU WERE THERE, YOU DON'T RECALL SEEING MARCIA CLARK LEAVE AT THE TIME SHE LEFT?

# 139 A:

NO, I DID NOT.

# 140 Q:

DID YOU SEE WHETHER -- HOW SHE AND MR. HODGMAN GOT THERE?

# 141 A:

NO, I DID NOT.

# 142 Q:

ALL RIGHT.

# 143 MR. COCHRAN:

THANK YOU VERY KINDLY, SIR.

Temperature

procedural

Key Quotes (4)

James Harper

I MET MR. FORD AND MR. ADKINS OUT FRONT AT THE ROCKINGHAM GATE AND I TOLD THEM THAT WE NEEDED THEM TO PHOTOGRAPH FIRST THE OUTSIDE OF THE -- THE ESTATE AND ALSO INSIDE AND IT WAS FOR ADMINISTRATIVE PURPOSES AND THAT IS BASICALLY WHAT I TOLD THEM.

Establishes the scope of instructions given to the crime scene photographer — 'administrative purposes' rather than evidence documentation, potentially limiting what was captured on video.

James Harper

THAT IS NOT WHAT I TOLD HIM.

Harper directly contradicts Ford's earlier testimony about what he was instructed to photograph, creating a conflict in the record about whether Ford was told to document all recovered evidence.

James Harper

I BELIEVE AT ONE POINT I SAW HER TALKING TO DETECTIVE FUHRMAN.

Places Marcia Clark in direct conversation with Fuhrman at Rockingham before charges were filed, relevant to the defense's narrative about prosecutorial involvement in the investigation.

James Harper

THEY CAME INSIDE AND STARTED TALKING, SO TOTAL PROBABLY THAT I SAW, THE CONVERSATION HAD NOT STOPPED, SO I DON'T KNOW HOW LONG SHE TALKED TO THEM.

Suggests Clark and Fuhrman moved indoors specifically because news helicopters were overhead photographing them — an evasion of media documentation.

Evidence (2)

Informal

Video footage of the Rockingham estate shot by SID photographer Ford on June 13, 1994

discussed — approximately 25 minutes of footage covering exterior and interior

Informal

Scene entry/exit logs from Rockingham

referenced — Cochran notes Clark does not appear on the log; Harper has not reviewed them

Notable Exchanges (2)

Johnnie Cochran•James Harper

Cochran challenged Harper on whether Ford was instructed to photograph all recovered evidence, citing Ford's own prior testimony. Harper flatly denied giving that instruction, creating a conflict between witnesses.

strategic

Johnnie Cochran•James Harper

Cochran methodically established that Marcia Clark was at Rockingham talking privately with Fuhrman, that they moved inside to avoid news helicopters, and that her arrival was not logged.

revealing

Credibility Attacks (1)

⚔ SID Photographer Ford

contradiction by another witness

Harper's testimony that he only told Ford to photograph the exterior for 'administrative purposes' directly conflicts with Ford's apparent claim that he was told to document all recovered evidence.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5567 • 143 utterances • Defense witness

Criminal Trial

Department 103