📄 Redirect examination of Detective Adalberto Luper (part 2) — Monday, April 3, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\3\REDIRECT-EXAMINATION-OF-DETECT.DOC
TRIAL
▲ Day 50 of 167

Redirect examination of Detective Adalberto Luper (part 2)

Witness: Det. Bert Luper
Examiner: Johnnie Cochran
Called by: Defense • Date: Monday, April 3, 1995 • Utterances: 32
Cochran asks a final round of questions to Detective Luper about the timing of Marcia Clark's visit to Rockingham and the arrival of Adkins and Ford. Cochran attempts to suggest Clark may have still been on scene as late as 3:10 PM when Adkins and Ford arrived, but Luper firmly holds that he personally witnessed Clark leave before they arrived, despite the absence of any log entry confirming her departure time.
1 (BRIEF PAUSE.)
2 THE COURT:

MR. COCHRAN.

3 MR. COCHRAN:

I HAVE ONE LAST QUESTION, YOUR HONOR, OF MR. LUPER BEFORE HE LEAVES.

4 THE COURT:

SURE.

FURTHER REDIRECT EXAMINATION BY MR. COCHRAN:

5 Q:

YOU RECALL -- DO YOU RECALL WHETHER OR NOT MR. ADKINS AND MR. FORD HAD ARRIVED PRIOR TO THE TIME THAT MISS CLARK ARRIVED?

6 A:

NO. THEY ARRIVED AFTER MISS CLARK HAD BEEN THERE AND GONE, SIR.

7 Q:

ARE YOU SURE ABOUT THAT?

8 A:

YES, SIR.

9 Q:

DOES YOUR LOG -- OF COURSE THERE IS NO LOG THAT REFLECTS THAT, IS THERE?

10 MS. LEWIS:

OBJECTION, VAGUE.

11 THE COURT:

OVERRULED.

12 Q:

BY MR. COCHRAN: IS THERE ANY LOG THAT REFLECTS THAT?

13 A:

AS I INDICATED EARLIER, I DON'T HAVE HER CHECKED IN OR CHECKED OUT AT THE ROCKINGHAM LOCATION AND I AM GIVING YOU THE BEST RECOLLECTION THAT I CAN.

KEY QUOTE
14 Q:

JUST ONE MORE QUESTION, YOUR HONOR. SO IF YOU HAVE THEM IN AT 3:10 IN THE AFTERNOON, IT IS POSSIBLE MISS CLARK MAY HAVE BEEN THERE AS LATE AS 3:10, ISN'T IT?

15 MS. LEWIS:

OBJECTION. CALLS FOR SPECULATION.

16 MR. COCHRAN:

I AM ASKING.

17 THE COURT:

OVERRULED.

18 Q:

BY MR. COCHRAN: IT IS POSSIBLE, ISN'T IT?

19 A:

NO, BECAUSE SHE WASN'T THERE -- SHE AND I STUCK TOGETHER -- EXCUSE ME -- "STUCK TOGETHER" IS A POOR USE OF THE WORD. WE WERE TOGETHER THROUGH THAT TIME WHILE SHE WAS THERE AND I DID SEE HER LEAVE BEFORE THEY ARRIVED ON THE SCENE, SIR.

KEY QUOTE
20 Q:

ALL RIGHT. SO YOU ARE SURE ABOUT THAT, RIGHT?

21 A:

YES, SIR.

22 Q:

ALL RIGHT. SO THAT WHEN SHE TOLD US THAT SHE CAME PERHAPS AT 2:00, 2:10, STAYED UNTIL THREE O'CLOCK, THOSE ARE JUST ESTIMATES?

23 MS. LEWIS:

MISSTATES THE TESTIMONY. HE STATED 2:20.

24 Q:

BY MR. COCHRAN: 2:20?

25 A:

THAT IS MY RECOLLECTION, YES.

26 Q:

THE LOG INDICATES THEY ARRIVED ABOUT 3:10; ISN'T THAT CORRECT?

27 MS. LEWIS:

OBJECTION, VAGUE AS TO WHO.

28 Q:

BY MR. COCHRAN: ADKINS AND FORD?

29 A:

THAT'S CORRECT, YES, SIR.

30 MR. COCHRAN:

ALL RIGHT. THANK YOU, YOUR HONOR.

31 MS. LEWIS:

NOTHING FURTHER, JUDGE.

32 THE COURT:

ALL RIGHT. DETECTIVE LUPER, THANK YOU VERY MUCH. YOU ARE EXCUSED, SIR.

Temperature

procedural

Key Quotes (2)

Adalberto Luper
NO, BECAUSE SHE WASN'T THERE -- SHE AND I STUCK TOGETHER -- EXCUSE ME -- 'STUCK TOGETHER' IS A POOR USE OF THE WORD. WE WERE TOGETHER THROUGH THAT TIME WHILE SHE WAS THERE AND I DID SEE HER LEAVE BEFORE THEY ARRIVED ON THE SCENE, SIR.
Luper undercuts Cochran's timeline theory while inadvertently highlighting the informality of his supervision of Clark's visit — his awkward self-correction draws attention to his close proximity to the lead prosecutor at the crime scene.
Adalberto Luper
AS I INDICATED EARLIER, I DON'T HAVE HER CHECKED IN OR CHECKED OUT AT THE ROCKINGHAM LOCATION AND I AM GIVING YOU THE BEST RECOLLECTION THAT I CAN.
Concedes there is no documentary record of Clark's presence or departure, leaving the timeline entirely reliant on Luper's memory.

Evidence (1)

Informal
Detective Luper's access log for Rockingham, showing Adkins and Ford arriving at approximately 3:10 PM but no entry for Marcia Clark
discussed

Notable Exchanges (2)

Johnnie CochranAdalberto Luper
Cochran presses Luper on whether Clark could have remained on scene until 3:10 when Adkins and Ford arrived; Luper refuses to concede the possibility, saying he personally watched her leave.
strategic
Cheri LewisJohnnie Cochran
Lewis corrects Cochran's characterization of Clark's arrival time as '2:00 or 2:10,' noting the witness testified to 2:20; Cochran accepts the correction and moves on.
factual correction

Light Moments (1)

Adalberto Luper
Luper says he and Marcia Clark 'stuck together' then immediately catches himself — 'EXCUSE ME — STUCK TOGETHER IS A POOR USE OF THE WORD' — in an awkward self-correction about his close accompaniment of the prosecutor.

Credibility Attacks (1)

⚔ Adalberto Luper
absence of documentation
Cochran highlights that no log entry exists for Clark's presence at or departure from Rockingham, undermining Luper's confident recollection of the sequence of arrivals.

Witness Demeanor

(BRIEF PAUSE.) at opening
Witness self-corrects mid-answer with visible discomfort over word choice

Objections

3 objections (1 sustained, 2 overruled)
Proceeding 5565 • 32 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 APR 3, 1995 📄 Redirect examination of Detect
APR 3, 1995 KRT DvH TD