Redirect examination of Detective Adalberto Luper

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

Address:

C:\DEPT103\CRIMINAL\1995\APR\3\REDIRECT-EXAMINATION-OF-DETECT.DOC

TRIAL

▲ Day 50 of 167

◀ Cross-examination of Detective Adalberto Luper Recross-examination of Detective Adalberto Luper ▶

Witness: Det. Bert Luper
Examiner: Johnnie Cochran
Called by: Defense • Date: Monday, April 3, 1995 • Lines: 138

Cochran redirects Detective Luper about a videotape shot at OJ Simpson's Rockingham estate on June 13, 1994, focusing on what happened to it and who knew it existed. A secondary focus is Marcia Clark's visit to Rockingham that afternoon, where Luper walked her through the crime scene and showed her the socks, blood evidence, and other items. Luper testified that he made no report of the walk-through, had seen no report concerning it, that Clark was absent from the identified log, and that he was unaware of another Rockingham log she signed.

# 1 THE COURT:

MR. COCHRAN.

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

# 3 Q:

WITH REGARD TO THE GLOVE ALLEGEDLY FOUND ON THE SOUTH SIDE OF THE PROPERTY, BY THE TIME YOU ARRIVED AT THE LOCATION IN THE AFTERNOON OF JUNE 13, THAT GLOVE HAD LONG SINCE BEEN REMOVED; ISN'T THAT CORRECT, SIR?

# 4 A:

THAT'S CORRECT.

# 5 Q:

SO THERE WOULD BE NOTHING TO PHOTOGRAPH; ISN'T THAT CORRECT, SIR?

# 6 A:

THAT'S CORRECT, SIR.

# 7 Q:

NOW, BY THE WAY, WHILE YOU WERE OUT THERE ON JUNE 13TH IN THE AFTERNOON, DETECTIVE LUPER, DID YOU SEE MARCIA CLARK FROM THE D.A.'S OFFICE OUT THERE?

# 8 A:

SHE WAS THERE, YES.

# 9 Q:

SO SHE WAS ACTUALLY THERE? AT WHAT TIME WAS SHE THERE?

# 10 A:

SHE HAD TO HAVE BEEN THERE SOMEWHERE IN THE NEIGHBORHOOD OF, EXCUSE ME, BETWEEN 2:20 AND THREE O'CLOCK, SOMEWHERE IN THAT NEIGHBORHOOD.

# 11 Q:

AND HOW LONG DID SHE STAY, IF YOU RECALL?

# 12 A:

SHE WAS THERE LONG ENOUGH TO GET A WALK-THROUGH AND THEN SHE LEFT. I DON'T KNOW. SHE WAS THERE PROBABLY FIVE, TEN, MAYBE FIFTEEN MINUTES. I DON'T KNOW.

# 13 Q:

DID YOU SEE HER AT SOME TIME WHILE SHE WAS THERE SITTING AT A TABLE TALKING TO DETECTIVE FUHRMAN?

# 14 MS. LEWIS:

OBJECTION. ASSUMES FACTS NOT IN EVIDENCE.

# 15 THE COURT:

OVERRULED.

# 16 DET. BERT LUPER:

NO, SIR, I DID NOT. I --

# 17 Q:

BY MR. COCHRAN: YOU DID NOT SEE HER BEING BRIEFED BY DETECTIVE FUHRMAN AT ALL?

# 18 A:

NO, SIR.

# 19 Q:

WHO GAVE HER THIS WALK-THROUGH?

# 20 A:

I DID.

# 21 Q:

AND WHAT TIME DID THE WALK-THROUGH START, IF YOU RECALL?

# 22 MS. LEWIS:

YOUR HONOR, OBJECTION. THIS IS IRRELEVANT TO THIS HEARING.

# 23 THE COURT:

OVERRULED. IT IS PROBABLY THE MOST RELEVANT QUESTION I'VE HEARD SO FAR THIS MORNING.

KEY QUOTE

# 24 MS. LEWIS:

OH.

# 25 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 26 MS. LEWIS:

THE RELEVANCE JUST OCCURRED TO ME.

# 27 THE COURT:

THERE IS A DISCOVERY SANCTIONS ISSUE I THINK.

# 28 MR. COCHRAN:

COUNSEL IS NOT USED TO THE RULES EITHER, YOUR HONOR. WE DON'T ARGUE BACK AND FORTH.

# 29 THE COURT:

WE ARE IN AN INFORMAL SETTING.

# 30 MR. COCHRAN:

WE CAN DO IT, JUDGE. THANK YOU.

# 31 THE COURT:

NO, WE CAN'T, BUT I WILL LET IT SLIDE AT THE MOMENT, BUT WE HAVE WASTED A LOT OF TIME. ALL I'M INTERESTED IN IS WHAT HAPPENED TO THE TAPE, WHY DID IT DISAPPEAR, WHEN DID IT COME TO LIGHT, HOW DID IT COME TO LIGHT, WHO KNEW IT EXISTED AND WHEN?

# 32 MR. COCHRAN:

ALL RIGHT. OKAY. LET'S SEE IF WE CAN ANSWER THOSE QUESTIONS REAL QUICKLY.

# 33 Q:

DETECTIVE LUPER, LET'S START WITH WHO KNEW ABOUT THE EXISTENCE OF THIS TAPE. WE KNOW THAT YOU KNEW ABOUT IT, RIGHT?

# 34 A:

THAT'S CORRECT.

# 35 Q:

MR. FORD KNEW ABOUT IT?

# 36 A:

YES, SIR.

# 37 Q:

MR. ADKINS KNEW ABOUT IT?

# 38 A:

YES, SIR.

# 39 Q:

CAPTAIN GARTLAND KNEW ABOUT IT?

# 40 A:

I DON'T BELIEVE BOG -- I MEAN CAPTAIN GARTLAND KNEW ABOUT IT.

# 41 Q:

WELL, DID YOU TALK TO HIM ABOUT HAVING TO FILL OUT THIS REPORT OR NOT HAVING TO FILL OUT THIS REPORT?

# 42 A:

NO. I WAS INFORMED THAT HE HAD BEEN AT THE SCENE, AND KNOWING THE PROCEDURE WITHIN THE DEPARTMENT, IF THE CAPTAIN IS THERE, THAT NEGATES THE 15.7 OR THE EMPLOYEE REPORT.

# 43 Q:

ALL RIGHT. NOW, IN ADDITION TO THAT, THE FIVE DETECTIVES THAT WE TALKED ABOUT WHO WERE AT THE SCENE KNEW ABOUT THIS TAPE; HARO, HARPER, ET CETERA.

# 44 MS. LEWIS:

WELL, OBJECTION. CALLS FOR SPECULATION.

# 45 THE COURT:

OVERRULED.

# 46 Q:

BY MR. COCHRAN: THEY SAW THE TAPE BEING SHOT, DIDN'T THEY?

# 47 A:

I KNOW THAT DETECTIVE HARO AND HARPER WERE AWARE OF THE TAPE. I WAS AWARE -- I WAS AWARE OF THE TAPE. I DON'T BELIEVE MY PARTNER WAS AWARE OF IT, AND I DON'T KNOW IF DETECTIVE ROBERTS FROM WEST L.A. WAS AWARE OF IT OR NOT.

# 48 Q:

IN ADDITION TO THAT, THERE WERE SOME PATROL OFFICERS ALSO AT THE LOCATION; ISN'T THAT CORRECT?

# 49 A:

THAT'S CORRECT, YES, SIR.

# 50 Q:

AND SO THAT WE ARE CLEAR, PART OF THIS TAPE WAS SHOT OUTSIDE SO PEOPLE OUTSIDE COULD SEE THAT IT WAS BEING SHOT; IS THAT CORRECT?

# 51 A:

THAT'S CORRECT.

# 52 MS. LEWIS:

OBJECTION. THAT DOES CALLS FOR SPECULATION. IT IS LARGE GROUNDS IN TERMS OF --

# 53 THE COURT:

OVERRULED.

# 54 Q:

BY MR. COCHRAN: ANYBODY OUTSIDE CLOSE ENOUGH COULD SEE THAT THE VIDEOTAPE WAS BEING SHOT OUTSIDE; ISN'T THAT RIGHT?

# 55 A:

YOU WOULD ASSUME.

# 56 Q:

YOU CANNOT TELL US ABOUT LEFALL, YOUR PARTNER, WHETHER HE KNEW OR NOT?

# 57 A:

THAT'S CORRECT.

# 58 Q:

DID YOU TALK TO HIM ABOUT IT AT ALL?

# 59 A:

NO, SIR.

# 60 Q:

YOU CAN'T TELL US WHETHER OR NOT ROBERTS KNEW?

# 61 A:

THAT'S CORRECT.

# 62 Q:

NOW, BACK TO MISS CLARK. MISS CLARK WAS THERE AND YOU TOOK HER ON A WALK-THROUGH AFTER THE SEARCH WARRANT HAD BEEN COMPLETED?

# 63 A:

AFTER THE EVIDENCE HAD BEEN LOCATED, YES.

# 64 Q:

RIGHT. SO THE SEARCH WARRANT HAD BEEN EXECUTED AT THIS POINT AND YOU TOOK HER -- TELL THE COURT BRIEFLY WHERE YOU TOOK HER ON THE WALK-THROUGH.

# 65 A:

I TOOK HER ON THE BOTTOM LOCATION OF THE RESIDENCE, THE FIRST FLOOR, TO SHOW WHERE SOME OF THE PRESUMPTIVE TESTS I WANTED DONE, TOOK HER UPSTAIRS, SHOWED HER THE VANITY -- I MEAN NOT THE VANITY, I'M SORRY, THE LINEN CLOSET, AND SHOWED HER THE SOCKS AND THE BLOOD EVIDENCE THAT HAD BEEN FOUND IN THE BATHROOM, AND TOOK HER I THINK TO THE SIDE OF THE HOUSE, SHOWED HER A WIRE THAT I WANTED CHECKED AND WHAT WAS IN THE TRASH CAN THERE BY THE ENTRYWAY TO THE OFFICE, I BELIEVE THERE WAS AN AIRLINE TICKET. AND THEN ON THE EXTERIOR THERE WAS A BENCH SEAT RIGHT THERE BY THE FRONT DOOR THAT HAD A LUGGAGE TAG THROWN ON ONE END OF IT, AND THAT WAS ALSO POINTED OUT TO HER.

KEY QUOTE

# 66 Q:

DID YOU MAKE A REPORT OF ALL OF YOUR OBSERVATIONS WITH MISS CLARK?

# 67 A:

NO, SIR.

# 68 Q:

DO YOU KNOW -- HAVE YOU SEEN ANY REPORT WITH REFERENCE TO YOUR TAKING HER THROUGH THE PREMISES AND NOTING THESE OBJECTS?

# 69 A:

NO, SIR.

# 70 Q:

YOU NEVER MADE A REPORT LIKE THAT, DID YOU?

# 71 A:

NO, SIR.

# 72 Q:

DID MARCIA CLARK SIGN IN ON THE LOG WHEN SHE CAME TO THAT RESIDENCE?

# 73 A:

YOU WON'T FIND HER ON THAT LOG, NO, SIR.

KEY QUOTE

# 74 Q:

WHY WON'T WE?

# 75 A:

GOOD QUESTION. I DON'T KNOW.

KEY QUOTE

# 76 Q:

WELL, WAS THERE ANY OTHER LOG THAT SHE SIGNED IN ON WHEN SHE CAME THERE?

# 77 A:

TO THE ROCKINGHAM LOCATION?

# 78 Q:

YES, SIR, ROCKINGHAM?

# 79 A:

NO, SIR, NOT THAT I AM AWARE OF.

# 80 Q:

SO YOU HAVE NO REPORTS WHICH TELL YOU EXACTLY WHAT TIME SHE GOT THERE, SO YOU HAVE TO GIVE US ONLY YOUR INDEPENDENT RECOLLECTION; IS THAT CORRECT?

# 81 A:

THAT'S CORRECT, YES, SIR.

# 82 Q:

WITHOUT REPORTS? SO YOU ARE NOT SURE OF THE EXACT TIME SHE GOT THERE AND THE EXACT TIME SHE LEFT, ARE YOU?

# 83 A:

I'M AS SURE AS WITHIN 45 MINUTES OF WHEN SHE DID ARRIVE AND WHEN SHE MIGHT HAVE LEFT BASED ON THE SIGN-OUT LOG OF BUNDY.

# 84 Q:

BUT WHY IS BUNDY RELEVANT? SHE WENT TO BUNDY AFTER SHE WAS AT ROCKINGHAM?

# 85 A:

SHE WENT TO BUNDY FIRST AND THEN CAME OUT TO OUR LOCATION IS MY UNDERSTANDING.

# 86 Q:

HAD YOU SEEN HER AT BUNDY?

# 87 A:

NO, SIR.

# 88 Q:

YOU KNOW THROUGH SUBSEQUENT INFORMATION YOU FOUND OUT SHE HAD BEEN TO BUNDY AND THEN SHE CAME TO ROCKINGHAM?

# 89 MS. LEWIS:

OBJECT TO THIS AS HEARSAY, YOUR HONOR.

# 90 THE COURT:

OVERRULED.

# 91 DET. BERT LUPER:

BASICALLY, YES.

# 92 Q:

BY MR. COCHRAN: BASICALLY YOU CANNOT TELL US WHAT TIME SHE GOT THERE OR WHAT TIME SHE LEFT, CAN YOU?

# 93 A:

I CAN JUST GIVE YOU AN APPROXIMATION.

# 94 Q:

WHAT IS YOUR APPROXIMATION?

# 95 A:

SOMEWHERE BETWEEN 1420 OR 2:20 IN THE AFTERNOON TO THREE O'CLOCK.

# 96 Q:

THAT SHE ARRIVED?

# 97 A:

THAT IS HOW MUCH TIME SHE SPENT. THAT IS APPROXIMATE TIME.

# 98 Q:

ALL RIGHT. IS THAT THE APPROXIMATE TIME THAT SHE ARRIVED OR THE TIME SHE SPENT?

# 99 A:

THE ENTIRE TIME WHEN SHE ARRIVED, SPENT AND LEFT, IS JUST APPROXIMATION ON MY PART.

# 100 Q:

ALL RIGHT. WAS MISS CLARK ACCOMPANIED BY ANYONE ELSE WHEN SHE ARRIVED THERE?

# 101 A:

NO, SIR.

# 102 Q:

SHE WAS BY HERSELF?

# 103 A:

THAT'S CORRECT, YES, SIR.

# 104 Q:

DID YOU DIDN'T SEE ANY OTHER DEPUTY D.A.'S THERE AT THAT TIME?

# 105 A:

NO.

# 106 Q:

DID YOU SEE HER TALKING TO ANY OTHER DETECTIVES, OTHER THAN YOURSELF, WHILE SHE WAS THERE, DETECTIVE LUPER?

# 107 A:

NO.

# 108 Q:

NOW, YOU STAYED UNTIL ABOUT 6:35 IN THE AFTERNOON OR EVENING, RIGHT?

# 109 A:

THAT'S CORRECT, YES, SIR.

# 110 Q:

PER THE LOG, AND YOU WERE STILL THERE WHEN LANGE AND VANNATTER CAME; ISN'T THAT CORRECT?

# 111 A:

YES, SIR.

# 112 Q:

AND THEY CAME SOME TIME AFTER ABOUT 5:15 OR 5:20, RIGHT?

# 113 A:

THAT'S CORRECT, YES, SIR.

# 114 Q:

NOW, WITH REGARD TO THE SHOOTING OF THIS TAPE, IT IS TRUE, IS IT NOT, THAT WITH REGARD TO VIDEOTAPE, ONE THE BEST WAYS OF PRESERVING EVIDENCE FOR LATER PRESENTATION TO A JURY IN A CASE WOULD BE A VIDEOTAPE OF THE CRIME SCENES; ISN'T THAT CORRECT?

# 115 A:

WELL, I THINK THAT IS A MATTER OF OPINION.

# 116 Q:

WELL, I'M JUST ASKING YOU. AS A DETECTIVE --

# 117 A:

NO, I DISAGREE WITH THAT.

# 118 Q:

YOU DON'T THINK OF AN ACTUAL VIDEOTAPE OF WHAT WENT ON WOULD BE MORE ACCURATE THAN, SAY, STILL PHOTOGRAPHS?

# 119 A:

I THINK STILL PHOTOGRAPHS ARE A LOT MORE EFFECTIVE THAN VIDEO.

# 120 THE COURT:

THIS AREA OF INQUIRY, ALTHOUGH INTERESTING, IS NOT RELEVANT TO THE ISSUE.

# 121 MR. COCHRAN:

I WILL MOVE RIGHT ON, THOUGH, YOUR HONOR. IT IS INTERESTING, THOUGH.

# 122 THE COURT:

IT IS.

# 123 MR. COCHRAN:

SO STIPULATED.

# 124 Q:

IN THIS INSTANCE, HOWEVER, YOU SHOT THIS VIDEO PRIMARILY FOR PURPOSES OF CIVIL LIABILITY; IS THAT CORRECT?

# 125 A:

YES, SIR.

# 126 Q:

WAS THERE A CITY ATTORNEY AT THE SCENE?

# 127 A:

NO, SIR.

# 128 Q:

WOULD YOU AGREE WITH MR. ADKINS IF HE INDICATED, HOWEVER, THE VIDEOTAPE ALSO SERVED A PURPOSE OF HELPING DETECTIVES IN THE COURSE OF THEIR INVESTIGATION IF THEY WANTED TO COME BACK AND SERVE ANOTHER SEARCH WARRANT AS TO THE LOCATION OF CERTAIN ITEMS?

# 129 A:

WELL, I HAVE NEVER HAD AN OCCASION TO USE IT, SO I REALLY WOULDN'T WANT TO EVEN SPECULATE.

# 130 Q:

YOU WOULDN'T SPECULATE ON THAT?

# 131 A:

NO, SIR.

# 132 Q:

SO THAT WE ARE CLEAR, YOU TOOK MISS CLARK ON A TOUR OF THE OUTSIDE OF THE PREMISES AND THE INSIDE; IS THAT CORRECT?

# 133 A:

THAT'S CORRECT, YES, SIR.

# 134 Q:

WHEN LANGE AND VANNATTER ARRIVED AT THE PREMISES, DID YOU HAVE OCCASION TO TALK WITH THEM?

# 135 A:

YES, SIR.

# 136 Q:

AND YOU AND DETECTIVES LANGE AND VANNATTER ALL WORKED OUT OF ROBBERY/HOMICIDE; IS THAT CORRECT?

# 137 A:

THAT'S CORRECT, YES, SIR.

# 138 MR. COCHRAN:

THANK YOU, YOUR HONOR.

Temperature

tense

Key Quotes (5)

Lance A. Ito

OVERRULED. IT IS PROBABLY THE MOST RELEVANT QUESTION I'VE HEARD SO FAR THIS MORNING.

Ito signals that the timing of Clark's Rockingham visit was relevant to the discovery-sanctions issue.

Det. Bert Luper

YOU WON'T FIND HER ON THAT LOG, NO, SIR.

Clark's name did not appear on the identified entry log.

Det. Bert Luper

GOOD QUESTION. I DON'T KNOW.

Luper could not explain why Clark was absent from the identified log.

Lance A. Ito

ALL I'M INTERESTED IN IS WHAT HAPPENED TO THE TAPE, WHY DID IT DISAPPEAR, WHEN DID IT COME TO LIGHT, HOW DID IT COME TO LIGHT, WHO KNEW IT EXISTED AND WHEN?

The judge directly frames the core questions of this hearing, cutting through the back-and-forth to define what he needs answered.

Det. Bert Luper

I TOOK HER ON THE BOTTOM LOCATION OF THE RESIDENCE, THE FIRST FLOOR...TOOK HER UPSTAIRS, SHOWED HER...THE LINEN CLOSET, AND SHOWED HER THE SOCKS AND THE BLOOD EVIDENCE THAT HAD BEEN FOUND IN THE BATHROOM.

Luper describes the walk-through he gave Clark; he testified that he made no report and had seen no report concerning the walk-through.

Evidence (6)

Informal

Videotape shot at Rockingham on June 13, 1994, ostensibly for civil liability purposes

discussed — central subject of hearing; referenced as missing

Informal

Rockingham crime scene entry/sign-in log

discussed — Marcia Clark's name does not appear on it

Informal

Socks and blood evidence found in bathroom at Rockingham

discussed — shown to Marcia Clark during walk-through

Informal

Airline ticket found in trash can near office entryway

discussed — shown to Marcia Clark during walk-through

Informal

Luggage tag on bench seat near front door

discussed — pointed out to Marcia Clark during walk-through

Informal

Bundy crime scene sign-out log (used by Luper to estimate Clark's arrival time at Rockingham)

referenced — indirect basis for Luper's timeline approximation

Notable Exchanges (3)

Lance A. Ito•Cheri Lewis•Johnnie Cochran

After Lewis objects to the walk-through timing as irrelevant, Ito overrules and says it's 'probably the most relevant question I've heard so far this morning.' Lewis responds with 'OH.' Cochran thanks the judge. Ito then lectures both sides about wasted time and lays out the core questions he wanted answered.

revealing

Johnnie Cochran•Det. Bert Luper

Cochran presses Luper on who knew about the videotape's existence. Luper confirms awareness by himself, Ford, Adkins, and Detectives Haro and Harper, while saying he did not know whether Roberts knew and did not believe his partner was aware.

strategic

Johnnie Cochran•Det. Bert Luper

Cochran establishes that Luper gave Clark a full walk-through of the Rockingham interior and exterior, showed her socks, blood evidence, an airline ticket, and a luggage tag — but made no report; Clark was absent from the identified log, and Luper was unaware of another Rockingham log she signed.

revealing

Light Moments (3)

Cheri Lewis / Johnnie Cochran / Lance A. Ito

After Ito overrules Lewis's relevance objection and says it's the most relevant question of the morning, Lewis says 'THE RELEVANCE JUST OCCURRED TO ME.' Cochran then quips 'COUNSEL IS NOT USED TO THE RULES EITHER, YOUR HONOR.' Ito notes 'WE ARE IN AN INFORMAL SETTING.'

Johnnie Cochran

After Ito notes that the proceeding is in an informal setting, Cochran says they can proceed that way and thanks him. Ito responds that they cannot, says he will let it slide at the moment, and redirects attention to the videotape questions.

Johnnie Cochran / Lance A. Ito

Cochran and Ito briefly agree that the still-photographs-vs-video debate is 'interesting, though' before the judge cuts off that line of inquiry as irrelevant. Cochran says 'SO STIPULATED.'

Credibility Attacks (2)

⚔ LAPD (institutional)

documentation failure / omission

Cochran elicits testimony that Luper, Ford, Adkins, and Detectives Haro and Harper knew about the videotape; that Clark was absent from the identified Rockingham log; and that Luper gave her a walk-through of evidence but made no report of it — highlighting documentation questions without establishing whether the tape was disclosed.

⚔ Marcia Clark

impeachment by omission / documentation gap

Cochran elicits testimony from Luper that Clark visited Rockingham and was shown evidence including the socks and blood; Luper made no report, had seen no report concerning his walk-through, and was not aware of another Rockingham log signed by Clark — raising questions about the documentation identified in his testimony.

Objections

6 objections (0 sustained, 5 overruled)

Proceeding 5563 • 138 lines • Defense witness

Criminal Trial

Department 103