Redirect examination of Gilbert Aguilar

📄 Redirect examination of Gilbert Aguilar — Thursday, August 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\17\REDIRECT-EXAMINATION-OF-GILBER.DOC

TRIAL

▲ Day 138 of 167

◀ Cross-examination of Gilbert Aguilar (part 2) Re-redirect examination of Gilbert Aguilar ▶

Witness: Gilbert Aguilar
Examiner: Johnnie Cochran
Called by: Defense • Date: Thursday, August 17, 1995 • Utterances: 91

Johnnie Cochran redirected fingerprint analyst Gilbert Aguilar to reinforce the defense's core fingerprint argument: of 17 lifts from Bundy, 9 were identifiable, and O.J. Simpson was excluded from all of them as early as June 13, 1994. Cochran also established that no bloody fingerprints were found at the scene, and that no prints were ever taken from the gloves.

# 1 THE COURT:

Mr. Cochran.

# 2 MR. COCHRAN:

Just a few questions, your Honor. Thank you.

REDIRECT EXAMINATION BY MR. COCHRAN

# 3 MR. COCHRAN:

Mr. Aguilar, you work for the Los Angeles Police Department; is that correct?

# 4 MR. AGUILAR:

Yes.

# 5 MR. COCHRAN:

You don't work for Mr. O.J. Simpson, do you?

# 6 MR. AGUILAR:

No, sir.

# 7 MR. COCHRAN:

And you were getting your directions, sir, were you not, from the investigating officers in this case, the Prosecution; isn't that correct?

# 8 MR. AGUILAR:

I'm sorry.

# 9 MR. COCHRAN:

You were getting your information from the investigating officers in this case, Lang, Vannatter, Fuhrman, Phillips; isn't that correct?

# 10 MR. AGUILAR:

On who to compare the prints to?

# 11 MR. COCHRAN:

Yes.

# 12 MR. AGUILAR:

Yes.

# 13 MR. COCHRAN:

Isn't that correct?

# 14 MR. AGUILAR:

Yes.

# 15 MR. COCHRAN:

And you never talked to Mr. Simpson, did you?

# 16 MR. AGUILAR:

No, sir.

# 17 MR. COCHRAN:

All right. Your job is working for the Prosecution; isn't that correct?

# 18 MR. AGUILAR:

No, sir.

# 19 MR. COCHRAN:

Your job is working for the Los Angeles Police Department?

# 20 MR. AGUILAR:

Yes, sir.

# 21 MR. COCHRAN:

All right. And you were called by the Defense in this case; isn't that correct?

# 22 MR. AGUILAR:

Yes, sir.

# 23 MR. COCHRAN:

You weren't called by them, were you?

# 24 MR. AGUILAR:

No, sir.

# 25 MR. COCHRAN:

All right. And you heard all the nice questions that Mr. Darden asked you, and despite all those--

# 26 MR. DARDEN:

Objection.

# 27 THE COURT:

Counsel, you don't need the rhetorical.

# 28 MR. COCHRAN:

I said nice, but I'll withdraw it.

# 29 MR. COCHRAN:

You heard the questions that Mr. Darden asked you, right?

# 30 MR. AGUILAR:

Yes.

# 31 MR. COCHRAN:

You don't know anything about any mechanic, do you, sir?

KEY QUOTE

# 32 MR. AGUILAR:

No. I indicated I didn't know if they had one or not.

# 33 MR. COCHRAN:

Or gardener or anything like that, do you?

# 34 MR. AGUILAR:

No, I do not.

# 35 MR. COCHRAN:

All right. What you came here to tell us, isn't it correct, sir, that--

# 36 MR. DARDEN:

This is leading, your Honor. This is leading.

# 37 MR. COCHRAN:

I'm asking--I haven't finished the question.

# 38 THE COURT:

Finish the question.

# 39 MR. COCHRAN:

What you came here to tell us, isn't it true, that there was 17 lifts lifted from Bundy, and of those 17 lifts, there are nine lifts that were identifiable, but you can't tell us who made those prints; isn't that correct?

# 40 MR. AGUILAR:

Yes.

# 41 MR. DARDEN:

Objection. Asked and answered.

# 42 THE COURT:

Overruled.

# 43 MR. COCHRAN:

And further, in addition to that, Mr. O.J. Simpson was excluded from all the lifts taken as early as June 13th, 1994; isn't that correct?

# 44 MR. DARDEN:

Objection. That misstates the evidence.

# 45 THE COURT:

Sustained.

# 46 MR. COCHRAN:

Mr. O.J. Simpson was excluded from the identifiable prints as early as June 13th; isn't that correct?

# 47 MR. AGUILAR:

Yes.

# 48 MR. COCHRAN:

And then you further confirmed that and excluded Mr. O.J. Simpson in July of 1994; isn't that correct?

# 49 MR. AGUILAR:

Yes.

# 50 MR. COCHRAN:

Now, you were asked some questions about gloves and prints. If--with regard to gloves, did you ever try to take any prints, fingerprints off any of the gloves in this case, sir?

# 51 MR. AGUILAR:

No, sir.

# 52 MR. COCHRAN:

Were you aware that there was one glove that had little if any blood on it in this case?

# 53 MR. AGUILAR:

I'm sorry?

# 54 MR. COCHRAN:

Were you aware that there was one--

# 55 MR. DARDEN:

Objection. Speculation.

# 56 THE COURT:

Sustained.

# 57 MR. DARDEN:

Exceeds the scope.

# 58 MR. COCHRAN:

Were you aware that there was a difference in the amount of liquid on the gloves in this case?

# 59 MR. AGUILAR:

No, sir.

# 60 MR. DARDEN:

Objection. Misstates the testimony.

# 61 THE COURT:

Well, he's indicating he's not aware of that fact.

# 62 MR. DARDEN:

That it is a fact.

# 63 THE COURT:

Or that it is a fact.

# 64 MR. COCHRAN:

Thank you, your Honor.

# 65 MR. COCHRAN:

With regard to--Mr. Darden asked you some questions about persons wearing glove--wearing gloves. If a person didn't have a glove at the Bundy scene, it's very likely that you might find a fingerprint, isn't that correct, sir, if they touched certain surfaces; isn't that correct?

# 66 MR. DARDEN:

Objection. Calls for speculation.

# 67 THE COURT:

Sustained.

# 68 MR. COCHRAN:

If an individual had a non-gloved hand and they touched the railing that you saw at Bundy, it's possible that you would get a latent print; isn't that correct?

# 69 MR. AGUILAR:

It's possible, yes.

# 70 MR. COCHRAN:

All right. Just as you found a print from Detective Phillips; isn't that correct?

# 71 MR. AGUILAR:

Yes.

# 72 MR. COCHRAN:

All right. Now, if an individual had suffered a cut on their hand and their hand was bleeding and they touched an area like a railing or something conducive to a print, you might find a bloody print; isn't that correct?

# 73 MR. AGUILAR:

Might.

# 74 MR. COCHRAN:

And if a person were bleeding and they touched up against a wall like this stucco you were talking about, you might find some blood on the wall; isn't that right?

# 75 MR. DARDEN:

Object to badgering.

# 76 THE COURT:

Sustained. It's beyond the scope of this witness.

# 77 MR. COCHRAN:

Well, you didn't find any bloody fingerprints out there, did you?

# 78 MR. AGUILAR:

There were none. That's correct.

KEY QUOTE

# 79 MR. COCHRAN:

There were none, were there?

# 80 MR. AGUILAR:

Right.

# 81 MR. COCHRAN:

It wasn't Mr. Simpson's job or his representatives to tell you whose prints to collect, was it, sir?

# 82 MR. AGUILAR:

I'm sorry.

# 83 MR. COCHRAN:

It wasn't Mr. Simpson's job or his representatives to tell you whose prints to collect, was it?

# 84 MR. DARDEN:

Objection, your Honor.

# 85 THE COURT:

Sustained. Sustained. We know who he works for, counsel. We know who gave him the directions.

# 86 MR. COCHRAN:

You're right.

# 87 MR. COCHRAN:

You were asked some questions about Miss Nicole Brown Simpson's sisters. Are you aware they live down in Laguna Beach in Orange County? Are you aware of that?

# 88 MR. AGUILAR:

I don't know where they live.

# 89 MR. DARDEN:

That's irrelevant, your Honor.

# 90 THE COURT:

Overruled.

# 91 MR. COCHRAN:

Thank you very kindly, your Honor. Thank you very much for coming.

Temperature

tense

Key Quotes (4)

Gilbert Aguilar

Yes.

Confirms Simpson was excluded from identifiable prints as early as June 13, 1994 — the day after the murders

Johnnie Cochran

You don't know anything about any mechanic, do you, sir?

Dismissing prosecution's cross-examination theories about who else might have left prints; Aguilar confirms he has no knowledge of a mechanic or gardener

Gilbert Aguilar

There were none. That's correct.

Confirms no bloody fingerprints were found at Bundy — undermining any theory of Simpson bleeding at the scene

Lance A. Ito

We know who he works for, counsel. We know who gave him the directions.

Judge shuts down Cochran's redundant line of questioning, but the point had already landed

Evidence (3)

Informal

17 latent print lifts from Bundy crime scene, 9 identifiable

discussed — defense emphasizes Simpson excluded from all identifiable prints

Informal

Gloves from the crime scene

discussed — Aguilar confirms no fingerprint attempts were ever made on the gloves

Informal

Print from Detective Phillips found at Bundy

referenced to illustrate that ungloved contact leaves latent prints

Notable Exchanges (3)

Johnnie Cochran•Christopher Darden

Cochran asks about 'all the nice questions Mr. Darden asked you' — Darden objects, judge calls it rhetorical, Cochran withdraws with 'I said nice'

light / sarcastic

Johnnie Cochran•Christopher Darden•Lance A. Ito

Cochran attempts to establish Simpson was 'excluded from all the lifts' — Darden objects that it misstates evidence, sustained; Cochran reframes to 'identifiable prints' and gets confirmation

strategic

Johnnie Cochran•Lance A. Ito

Cochran asks whether it was Simpson's job to direct print collection; judge sustains and pointedly notes 'We know who he works for, counsel'

procedural / mildly rebuking

Light Moments (2)

Johnnie Cochran

Cochran calls Darden's cross questions 'nice' as a setup; Darden objects; Cochran says 'I said nice, but I'll withdraw it'

Johnnie Cochran

Cochran closes with 'Thank you very kindly, your Honor. Thank you very much for coming' — characteristically effusive sign-off

Credibility Attacks (1)

⚔ LAPD investigation

bias / chain of command

Cochran establishes that Aguilar received direction from Vannatter, Lang, Fuhrman, and Phillips — the investigating officers — framing the fingerprint collection as prosecution-directed rather than neutral

Objections

10 objections (6 sustained, 3 overruled)

Proceeding 7354 • 91 utterances • Defense witness

Criminal Trial

Department 103