Redirect examination of Detective James Arthur Harper

📄 Redirect examination of Detective James Arthur Harper — 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 James Arthur Harper Recross-examination of Detective James Arthur Harper ▶

Witness: Det. James Harper
Examiner: Johnnie Cochran
Called by: Defense • Date: Monday, April 3, 1995 • Utterances: 30

Cochran presses Detective Harper on redirect to nail down when Marcia Clark arrived at the Rockingham residence — June 13th (the day after the murders) or June 28th. Harper, who was more certain during direct examination, now hedges, saying it could have been either date. Cochran gets him to confirm he saw Fuhrman on both days and that Clark wore a white dress on one of those visits, but cannot lock down the specific date.

# 1 Q:

JUST FINALLY, AS YOU SIT HERE NOW, YOUR BEST RECOLLECTION IS THAT MARCIA CLARK ARRIVED AT SOME TIME IN THE AFTERNOON HOURS AT THE ROCKINGHAM RESIDENCE; ISN'T THAT CORRECT?

# 2 (NO AUDIBLE RESPONSE.)

# 3 Q:

ON JUNE 13TH?

# 4 A:

I'M NOT SURE IF IT WAS THE 13TH OR THE 28TH NOW THAT I THINK ABOUT IT, BUT I KNOW ONE OF THOSE DAYS SHE WAS THERE, AND IT WAS IN THE AFTERNOON AFTER I GOT THERE.

KEY QUOTE

# 5 Q:

ALL RIGHT --

# 6 A:

SO --

# 7 Q:

BEFORE ON DIRECT EXAMINATION YOU WERE FAIRLY CLEAR THAT SHE HAD ARRIVED, YOU JUST WEREN'T SURE ABOUT HODGMAN; ISN'T THAT CORRECT?

# 8 A:

THAT'S CORRECT.

# 9 Q:

BECAUSE YOU REMEMBER THAT ON THE 13TH SHE HAD THIS CONVERSATION WITH DETECTIVE FUHRMAN. DO YOU REMEMBER THAT?

# 10 MS. LEWIS:

OBJECTION. MISSTATES THE TESTIMONY.

# 11 THE COURT:

OVERRULED. OVERRULED.

# 12 Q:

BY MR. COCHRAN: YOU REMEMBER SHE TALKED TO FUHRMAN ON THE 13TH?

# 13 A:

ONE OF THOSE DAYS, EITHER THE 28TH OR THE 13TH, AND I'M NOT SURE WHICH DAY.

# 14 Q:

WAS FUHRMAN THERE ON THE 28TH?

# 15 A:

I BELIEVE SO. I SAW HIM BOTH DAYS THAT I WAS THERE, THE 13TH AND THE 28TH.

# 16 Q:

AND WAS ROBERTS THERE ON THE 28TH, IF YOU KNOW?

# 17 A:

THE 28TH?

# 18 Q:

YES, SIR.

# 19 A:

I'M NOT SURE ABOUT THAT.

# 20 Q:

AT ANY RATE, NOW I WANT YOU TO THINK BACK SO THAT WE CAN GIVE THE COURT YOUR ABSOLUTE BEST RECOLLECTION. ON THE 13TH, THE DAY THIS VIDEO WAS SHOT, THE DAY AFTER THESE BODIES WERE FOUND, YOU RECALL THAT MISS MARCIA CLARK WAS THERE AT THE ROCKINGHAM LOCATION BETWEEN 2:30 AND THREE O'CLOCK OR SO IN THE AFTERNOON? DO YOU RECALL THAT?

# 21 MS. LEWIS:

OBJECTION, THAT MISSTATES THE TESTIMONY.

# 22 THE COURT:

OVERRULED.

# 23 Q:

BY MR. COCHRAN: DO YOU RECALL?

# 24 A:

I CAN'T LOCK MYSELF INTO -- ONE OF THOSE DAYS, THE 13TH OR THE 28TH BECAUSE NOW THAT I HAVE THOUGHT ABOUT IT, IT COULD HAVE BEEN THE 13TH OR IT COULD HAVE BEEN THE 28TH.

KEY QUOTE

# 25 Q:

ISN'T IT POSSIBLE SHE WAS THERE ON BOTH TIMES?

# 26 A:

THERE IS A POSSIBILITY, BUT I DON'T RECALL.

# 27 Q:

DO YOU RECALL HER WEARING A LIGHT-COLORED DRESS ON THE 13TH?

# 28 A:

I REMEMBER HER WEARING A WHITE DRESS, BUT I DON'T KNOW WHICH DATE IT WAS.

KEY QUOTE

# 29 MR. COCHRAN:

ALL RIGHT. THANK YOU. I HAVE NOTHING FURTHER AT THIS POINT, YOUR HONOR, OF THIS WITNESS.

# 30 THE COURT:

ALL RIGHT. DETECTIVE HARPER, THANK YOU VERY MUCH. YOU ARE EXCUSED ALSO.

Temperature

procedural

Key Quotes (3)

Detective Harper

I'M NOT SURE IF IT WAS THE 13TH OR THE 28TH NOW THAT I THINK ABOUT IT, BUT I KNOW ONE OF THOSE DAYS SHE WAS THERE, AND IT WAS IN THE AFTERNOON AFTER I GOT THERE.

Harper retreats from his earlier certainty on direct, undermining the timeline of Clark's presence at Rockingham on June 13th.

Detective Harper

I CAN'T LOCK MYSELF INTO -- ONE OF THOSE DAYS, THE 13TH OR THE 28TH BECAUSE NOW THAT I HAVE THOUGHT ABOUT IT, IT COULD HAVE BEEN THE 13TH OR IT COULD HAVE BEEN THE 28TH.

Direct admission that his recollection is no longer reliable — the key moment Cochran is trying to exploit.

Detective Harper

I REMEMBER HER WEARING A WHITE DRESS, BUT I DON'T KNOW WHICH DATE IT WAS.

Harper retains a sensory detail but cannot anchor it to a date, leaving the timeline question unresolved.

Evidence (1)

Informal

Video shot at the Rockingham residence on June 13th, the day after the murders were discovered

referenced to anchor the date in question

Notable Exchanges (1)

Johnnie Cochran•Detective Harper

Cochran attempts to get Harper to confirm Clark was at Rockingham on June 13th between 2:30-3:00 PM; Harper deflects by saying it could have been June 13th or June 28th, having grown uncertain since direct examination.

strategic

Credibility Attacks (1)

⚔ Detective Harper

prior inconsistent statement

Cochran notes Harper was 'fairly clear' on direct that Clark had arrived, but Harper now admits uncertainty about whether it was June 13th or June 28th, softening the testimony he gave earlier.

Witness Demeanor

(NO AUDIBLE RESPONSE.) — Harper does not answer the first question audibly, requiring a follow-up

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 5569 • 30 utterances • Defense witness

Criminal Trial

Department 103