Cross-examination of David Rossi (part 1)

📄 Cross-examination of David Rossi (part 1) — Tuesday, February 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\14\CROSS-EXAMINATION-OF-DAVID-ROS.DOC

TRIAL

▲ Day 18 of 167

◀ Transition to cross-examination Cross-examination of David Rossi (part 2) ▶

Witness: Sgt. David Rossi
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Tuesday, February 14, 1995 • Utterances: 268

F. Lee Bailey cross-examines Sergeant Rossi, methodically exposing gaps in his crime scene training, supervision, and decision-making on the night of the murders. Bailey focuses on three main failures: Rossi's uncritical acceptance of Officer Riske's vague assurance that the scene was 'secure,' the lost opportunity to retrieve Nicole's last dialed number from her home phone, and Rossi's failure to prioritize contacting O.J. Simpson as a potential target of whoever killed his ex-wife.

# 1 Q:

GOOD AFTERNOON, SERGEANT ROSSI.

# 2 A:

GOOD AFTERNOON, SIR.

# 3 Q:

COULD YOU GIVE US, PLEASE, A LITTLE BIT OF YOUR EDUCATIONAL BACKGROUND IN POLICE TRAINING THAT LED YOU TO YOUR PRESENT STATION IN THE FORCE?

# 4 A:

I SPENT FIVE MONTHS IN THE LOS ANGELES POLICE ACADEMY.

# 5 Q:

UH-HUH.

# 6 A:

AND AFTER I GRADUATED FROM THE ACADEMY I ENTERED COLLEGE AND I TOOK A POLICE SCIENCE MAJOR. I HAVE WORKED SEVERAL FIELD-RELATED DETAILS. THE MAJORITY OF MY TIME ON THE JOB HAS BEEN IN UNIFORM AND IN THE FIELD.

# 7 Q:

HOW LONG WERE YOU A PATROLMAN BEFORE YOU MADE SERGEANT?

# 8 A:

TEN YEARS JUST ABOUT.

# 9 Q:

ALL RIGHT. IS THAT NORMAL INTERVAL OR SOMEWHAT FASTER THAN THE AVERAGE?

# 10 A:

IT IS RELATIVELY NORMAL. I ACTUALLY WORKED PATROL FOR THE FIRST FOUR YEARS AND THEN I TRANSFERRED TO METROPOLITAN DIVISION, WHICH IS ALSO PRIMARILY A UNIFORM DETAIL, AND WE DO SIMILAR PATROL TYPE OF WORK, BUT IT IS THROUGHOUT THE ENTIRE CITY, BUT IT IS IN UNIFORM.

# 11 Q:

THE RANK OF SERGEANT, DOES THAT HAVE SEVERAL GRADES?

# 12 A:

YES, SIR, IT HAS TWO GRADES.

# 13 Q:

1 AND 2?

# 14 A:

THAT'S CORRECT.

# 15 Q:

AND THE RANK OF DETECTIVE, HOW MANY GRADES DOES THAT HAVE IN WEST L.A.?

# 16 A:

THAT HAS THREE.

# 17 Q:

AND DOWNTOWN?

# 18 A:

THE SAME.

# 19 Q:

OKAY. AND I TAKE IT THAT 3 IS THE HIGHER RATHER THAN THE LOWER GRADE?

# 20 A:

YES, SIR.

# 21 Q:

ON THE NIGHT IN QUESTION, DETECTIVE PHILLIPS WAS A 3, DETECTIVE FUHRMAN WAS A 2; IS THAT CORRECT?

# 22 A:

THAT'S CORRECT.

# 23 Q:

HOW DO THOSE RANKS COMPARE WITH THE INSIGNIA THAT YOU ARE WEARING IN THE HIERARCHY OF THE POLICE DEPARTMENT?

# 24 A:

A DETECTIVE 3 IS A LITTLE BIT HIGHER THAN ME AND A DETECTIVE 2 IS A LITTLE BIT LOWER THAN ME.

# 25 Q:

YOU ARE IN THE MIDDLE?

# 26 A:

THAT'S RIGHT.

# 27 Q:

NOW, AS PART OF YOUR TRAINING DID YOU TAKE SPECIALIZED COURSES IN, FOR INSTANCE, HOMICIDE?

# 28 A:

IN COLLEGE I TOOK TWO CRIMINALISTIC COURSES, YES.

# 29 Q:

AND HAVE YOU EVER HAD ANY SPECIALIZED COURSES IN CRIME SCENE PROTECTION?

# 30 A:

THE SAME TWO COURSES COVERED THAT.

# 31 Q:

HAS THERE BEEN ANY CONTINUING LEGAL EDUCATION REQUIREMENT OR LAW ENFORCEMENT EDUCATIONAL REQUIREMENT IN THE LAPD THAT YOU HAVE OBSERVED?

# 32 A:

NO, SIR.

# 33 Q:

HAVE YOU EVER BEEN TO ANY SEMINARS OR SCHOOLS ON CRIME SCENE PROTECTION SINCE YOU BECAME A POLICEMAN?

# 34 A:

OTHER THAN COLLEGE?

# 35 (NODS HEAD UP AND DOWN.)

# 36 A:

NO, I HAVEN'T.

# 37 Q:

ARE YOU RESPONSIBLE IN ANY WAY FOR THE TRAINING OF YOUNGER OFFICERS WHO ARE USUALLY THE FIRST TO ARRIVE AT A CRIME SCENE, ARE THEY NOT?

# 38 A:

YES, I AM.

# 39 Q:

PATROLMEN?

# 40 A:

YES.

# 41 MS. CLARK:

WELL, OBJECTION. THAT ASSUMES FACTS NOT IN EVIDENCE. COUNSEL IS TESTIFYING.

# 42 THE COURT:

OVERRULED.

# 43 MS. CLARK:

WHO ARE USUALLY?

# 44 THE COURT:

OVERRULED.

# 45 Q:

BY MR. BAILEY: IS IT NECESSARY, BECAUSE PATROLMEN ARE APT TO BE FIRST AT THE SCENE, THAT THEY HAVE SOME TRAINING IN WHAT IT IS THAT NEEDS TO BE PROTECTED?

# 46 A:

NO MORE THAN A REGULAR PATROL OFFICER.

# 47 Q:

ALL RIGHT. WELL, I DON'T KNOW WHERE YOU ARE STARTING FROM SO WE BETTER DEFINE IT. SHOULD THEY BE TRAINED TO PRESERVE FOOTPRINTS AND FOOT IMPRESSIONS, FOR INSTANCE, AND PROTECT THEM?

# 48 MS. CLARK:

OBJECTION, YOUR HONOR. OBJECTION, YOUR HONOR; NO FOUNDATION.

# 49 THE COURT:

OVERRULED.

# 50 SGT. DAVID ROSSI:

THEY ARE NOT TRAINED SPECIFICALLY FOR THAT. THE ONLY THING THEY ARE TRAINED FOR AS FAR AS PRESERVING A CRIME SCENE IS TO SECURE THE LOCATION.

# 51 Q:

BY MR. BAILEY: WELL, THAT IS A WORD THAT I WOULD LIKE TO DEFINE WITH YOU IF WE CAN. WHAT DO YOU MEAN WHEN YOU SAY SECURE THE LOCATION OF A DOUBLE HOMICIDE, SERGEANT ROSSI?

# 52 A:

DISALLOW ANYONE OTHER THAN AUTHORIZED PERSONNEL TO ENTER THE LOCATION.

# 53 Q:

WHAT ARE THE RISKS IF PEOPLE ARE ALLOWED TO WANDER IN AND OUT OF THE CRIME SCENE?

# 54 (NO AUDIBLE RESPONSE.)

# 55 Q:

THE RISK TO THE EVIDENCE?

# 56 A:

THAT WOULD CONTAMINATE IT.

# 57 Q:

NOW, YOU ACCEPTED, AS YOUR TESTIMONY, THE WORD OF OFFICER RISKE THAT THE CRIME SCENE WAS SECURED?

# 58 A:

THAT'S CORRECT.

# 59 Q:

YOU MADE NO INQUIRY OF HIM AS TO WHAT PRECISELY HE MEANT BY THAT OR WHAT IT WAS THAT WAS SECURED, DID YOU?

# 60 A:

NO.

# 61 Q:

YOU ACCEPTED THAT BLANKET ASSURANCE AS BEING SUFFICIENT TO PRESERVE THE INTEGRITY OF THE EVIDENCE, DID YOU NOT?

KEY QUOTE

# 62 A:

THAT'S CORRECT. I COULD SEE THAT IT WAS SECURED.

# 63 Q:

NO. WHEN YOU WERE TOLD ON THE PHONE, HARD ON THE HEELS OF HIS ARRIVAL, THAT THE CRIME SCENE WAS SECURE, YOU COULDN'T SEE ANYTHING, COULD YOU?

# 64 A:

NO, NOT THEN.

# 65 Q:

YOU HAD TO RELY ON HIS WORD?

# 66 A:

YES, SIR.

# 67 Q:

THAT IT WAS SECURED?

# 68 A:

YES.

# 69 Q:

BUT YOU DIDN'T INQUIRE AS TO WHAT HE MEANT BY THAT?

# 70 A:

NO, I DIDN'T ASK HIM.

# 71 Q:

AND YOU DIDN'T INQUIRE OF THE NATURE OF THE SCENE THAT HE WAS SECURING, DID YOU?

# 72 A:

I DIDN'T ASK HIM.

# 73 Q:

NO. DO YOU KNOW THE DIFFERENCE, FOR INSTANCE, SERGEANT, BETWEEN A FOOTPRINT AND A FOOT IMPRESSION?

# 74 A:

NO, I DON'T.

# 75 Q:

ASSUMING, IF YOU WILL, THAT A FOOTPRINT IS A TWO-DIMENSIONAL RESIDUE OF SOMEONE HAVING WALKED SOMEWHERE WITH A WET OUTER SHOE AND A FOOT IMPRESSION IS A THREE-DIMENSIONAL RESIDUE, WOULD YOU THINK THOSE WORTH PRESERVING FOR THE BENEFIT OF THE DETECTIVES WHO MIGHT BE CALLED UPON TO SOLVE THE CASE?

# 76 A:

YES, SIR, I WOULD.

# 77 Q:

THERE ISN'T ANY QUESTION IN YOUR MIND THAT THIS WAS A BRUTAL AND DELIBERATE DOUBLE HOMICIDE FROM THE MINUTE YOU HEARD THE DESCRIPTION, TRUE?

# 78 A:

THAT IS CORRECT.

# 79 Q:

THIS WOULD HARDLY POSSIBLY BE AN ACCIDENTAL KILLING?

# 80 A:

YES, SIR.

# 81 Q:

FURTHERMORE, THERE WASN'T ANY QUESTION IN YOUR MIND, ONCE OFFICER RISKE HAD SWEPT THROUGH THE PREMISES, THAT THE KILLERS, WHOEVER THEY WERE, WERE GONE, TRUE?

# 82 A:

THAT'S CORRECT.

# 83 Q:

AT LARGE, ON THE LOOSE, CARRYING WITH THEM, IN ALL PROBABILITY, SOME BLOODY EVIDENCE, TRUE?

# 84 MS. CLARK:

WELL, OBJECTION. KILLERS, PLURAL? COUNSEL IS TESTIFYING. ASSUMING FACTS NOT IN EVIDENCE.

# 85 THE COURT:

SUSTAINED. A FACT NOT IN EVIDENCE. REPHRASE.

# 86 MR. BAILEY:

ARE WE RESTRICTED TO THE STATE THEORY OF ONE KILLER, ERRONEOUS AS THOUGH IT MIGHT BE?

KEY QUOTE

# 87 MS. CLARK:

OBJECT TO COUNSEL'S QUESTION.

# 88 THE COURT:

HOLD ON. I WAS SPEAKING WITH COUNSEL. THE QUESTION ASSUMES A FACT NOT IN EVIDENCE. WE DON'T KNOW. YOU CAN PHRASE IT PROPERLY AS KILLER OR KILLERS.

# 89 MR. BAILEY:

I ACCEPT THAT.

# 90 THE COURT:

THANK YOU.

# 91 Q:

BY MR. BAILEY: IS IT FAIR TO SAY THAT BASED ON EVERYTHING YOU KNEW, A KILLER OR KILLERS WERE SOMEWHERE AWAY FROM THE PROPERTY?

# 92 A:

YES.

# 93 Q:

AND POSSIBLY STILL A RISK TO OTHERS IN THE COMMUNITY?

# 94 A:

YES.

# 95 Q:

NOW, WHEN YOU FIRST HEARD OF THIS CRIME AND YOU WERE TOLD THAT THIS WAS THE EX-WIFE OF O.J. SIMPSON, IS THAT THE WAY SHE WAS DESCRIBED TO YOU?

# 96 A:

YES, SIR.

# 97 Q:

ALL RIGHT. NICOLE BROWN SIMPSON WAS KNOWN IN THE BRENTWOOD AREA, WAS SHE NOT?

# 98 (NO AUDIBLE RESPONSE.)

# 99 Q:

KNOWN TO YOU?

# 100 A:

SHE REALLY WASN'T KNOWN TO ME.

# 101 Q:

I DON'T MEAN PERSONALLY ACQUAINTED. WHO SHE WAS?

# 102 A:

YES.

# 103 Q:

SO THAT THE NAME IS ONE YOU WOULD ASSOCIATE WITH MR. SIMPSON?

# 104 A:

YES.

# 105 Q:

OKAY. IS IT FAIR TO SAY AS WELL, SERGEANT, THAT THE MINUTE YOU HEARD THAT YOU HAD THE NOTION THAT THIS MIGHT BECOME A HIGH PRESSURE CASE?

# 106 A:

YES, SIR.

# 107 Q:

WITH LOTS OF MEDIA ATTENTION?

# 108 A:

YES, SIR.

# 109 Q:

AND IN FACT FROM 55 MINUTES AFTER MIDNIGHT, WHEN YOU MADE YOUR FIRST PHONE CALL, TO ONE O'CLOCK WHEN YOU CALLED PHILLIPS AND RIGHT ON THROUGH TO 1:25 WHEN YOU FINISHED TALKING WITH CAPTAIN DIAL, YOU DISCUSSED THE POTENTIAL OF THIS CASE WITH EVERY SINGLE SUPERIOR YOU HAD, CORRECT?

# 110 A:

YES, I DID.

# 111 Q:

ALL RIGHT. IT WAS A MATTER THAT YOU WERE WORRIED ABOUT, TRUE?

# 112 A:

YES, SIR.

# 113 Q:

ONE OF THE REASONS FOR THAT WORRY, AS OFFICER RISKE HAS SAID, IS THAT THE MEDIA MIGHT GET THIS BEFORE THE DETECTIVES AND WRECK HAVOC WITH THE SCENE. THAT IS A FAIR CONCERN, ISN'T IT?

# 114 A:

I WASN'T REAL CONCERNED WITH THAT.

# 115 Q:

YOU WEREN'T CONCERNED ABOUT THAT?

# 116 A:

NO.

# 117 Q:

WELL, DID YOU LEARN FROM OFFICER RISKE, WHEN HE CALLED, THAT HE WAS ON A PHONE IN THE HOME OF THE VICTIM?

# 118 A:

NOT THAT -- NOT WHEN HE CALLED -- NOT WHEN I TALKED TO HIM ON THE PHONE. I DIDN'T KNOW WHERE HE CALLED FROM.

# 119 Q:

DO YOU KNOW ANYTHING ABOUT THE OPERATION OF TELEPHONES IN LOS ANGELES COUNTY, IN BRENTWOOD IN PARTICULAR?

# 120 MS. CLARK:

OBJECTION. THAT IS VAGUE.

# 121 THE COURT:

SUSTAINED.

# 122 MR. BAILEY:

ALL RIGHT.

# 123 Q:

ARE YOU FAMILIAR WITH A LAST NUMBER REDIAL OPTION THAT YOU CAN GET ON TELEPHONES IN THIS COMMUNITY?

# 124 A:

YES.

# 125 Q:

ARE YOU FAMILIAR WITH THE STAR 69 SERVICE?

# 126 A:

NO.

# 127 Q:

OKAY. WHAT DOES LAST NUMBER REDIAL DO, IF YOU USE THAT FACILITY ON A PRIVATE PHONE, FOR INSTANCE?

# 128 A:

IT MEANS IF YOU PRESS THE BUTTON YOU WILL DIAL THE NUMBER YOU HAD PREVIOUSLY CALLED.

# 129 Q:

OKAY. WHAT HAPPENS IF YOU PICK UP THAT PHONE AND DIAL A NEW NUMBER?

# 130 A:

I BELIEVE IT ERASES OR OBLITERATES THAT NUMBER.

# 131 Q:

WIPES IT OUT?

# 132 A:

YES.

# 133 Q:

NOW, DID YOU ASK OFFICER RISKE WHETHER OR NOT HE MIGHT BE ABLE TO TAKE A PHONE IN THAT HOME AND TRY LAST NUMBER REDIAL?

# 134 A:

I DIDN'T KNOW WHERE HE WAS CALLING FROM.

# 135 Q:

DID YOU ASK HIM WHETHER OR NOT HE COULD GO INTO THAT HOME AND FIND A PHONE WITH LAST NUMBER REDIAL ON IT AND HIT THE BUTTON?

# 136 A:

NO, I DIDN'T.

# 137 Q:

MIGHT IT HAVE BEEN USEFUL TO DETECTIVES TO KNOW WHO THE VICTIM LAST TELEPHONED BEFORE HER DEATH?

# 138 A:

YES.

# 139 MS. CLARK:

OBJECTION. ASSUMES FACTS NOT IN EVIDENCE, THAT SHE HAD THE LAST NUMBER REDIAL.

# 140 THE COURT:

IT IS ALSO SPECULATION, BUT THAT IS SOMETHING, IF WE ESTABLISH THAT WAS IN FACT TRUE, THAT IS SOMETHING THAT CAN BE ARGUED TO THE JURY. PROCEED.

# 141 MR. BAILEY:

WE WILL ESTABLISH THAT.

# 142 THE COURT:

PROCEED.

# 143 MS. CLARK:

WAS THAT --

# 144 THE COURT:

IT IS SUSTAINED. THIS IS A QUESTION FOR SOME OTHER WITNESS. IT IS INTERESTING, BUT IT CAN BE ARGUED LATER.

# 145 MR. BAILEY:

FINE.

# 146 MS. CLARK:

MOTION TO STRIKE THE ANSWER.

# 147 THE COURT:

IT IS INCONSEQUENTIAL AT THIS POINT.

# 148 Q:

BY MR. BAILEY: IS IT FAIR TO SAY IT WAS SOMETHING THAT WASN'T DISCUSSED?

# 149 A:

YES.

# 150 Q:

OKAY. NOW, IS IT NOT A CARDINAL RULE OF LAW ENFORCEMENT THAT WHEN DANGER IS AT HAND, POLICEMEN GO IN PAIRS?

# 151 A:

GENERALLY, YES.

# 152 Q:

GENERALLY?

# 153 A:

YES, SIR.

# 154 Q:

WHEN YOU TALKED WITH OFFICER RISKE, HOW MANY ABLE-BODIED POLICE OFFICERS WERE ON THE SCENE ALREADY, DO YOU KNOW?

# 155 A:

NO, I DON'T KNOW EXACTLY.

# 156 Q:

WHAT IS A CRIME LOG, SERGEANT?

# 157 A:

IT IS A CHRONOLOGICAL REPORT OF PEOPLE WHO SHOW UP AT THE SCENE.

# 158 Q:

AND WHO KEEPS CRIME LOGS IN HOMICIDE CASES SUCH AS THIS ONE?

# 159 A:

WHO KEPT THAT LOG? IS THAT WHAT YOU ARE ASKING ME?

# 160 Q:

YES. WHO KEPT THIS ONE?

# 161 A:

OFFICER CHRIS CUMMINGS.

# 162 Q:

CHRIS CUMMINGS. ALL RIGHT. HE ARRIVED, ACCORDING TO I GUESS HIS OWN CRIME LOG, AT ABOUT HALF PAST MIDNIGHT, CORRECT?

# 163 A:

I DON'T KNOW.

# 164 Q:

HAVE YOU EVER LOOKED AT THE CRIME LOG, OTHER THAN WHEN MISS CLARK SHOWED IT TO YOU THIS MORNING?

# 165 A:

I LOOKED AT IT ABOUT THREE DAYS AGO, YES, UH-HUH.

# 166 Q:

IN CONNECTION WITH WHAT?

# 167 A:

AT THE TIME I --

# 168 Q:

WITH --

# 169 A:

THE TIME I ARRIVED AND THE TIME I LEFT.

# 170 Q:

WAS THAT IN PREPARATION FOR YOUR TESTIMONY HERE TODAY?

# 171 A:

YES, IT WAS.

# 172 Q:

WHEN YOU LOOKED AT IT, DID YOU EXAMINE IT TO SEE WHAT TIME OTHERS ARRIVED SO COULD YOU PUT THINGS IN PERSPECTIVE?

# 173 A:

I GLANCED OVER IT.

# 174 Q:

WHO ASSIGNED OFFICER CUMMINGS TO BE THE CRIME LOG OFFICER?

# 175 A:

I DON'T KNOW. POSSIBLY SERGEANT COON.

# 176 Q:

THAT WOULD ASSUME, OF COURSE, THAT SERGEANT COON WAS THERE BEFORE SERGEANT CUMMINGS OR THAT THE ORDER WAS FIRST GIVEN WHEN SERGEANT COON ARRIVED, WHENEVER THAT WAS?

# 177 A:

YES.

# 178 Q:

OKAY. WHAT IS THE OBLIGATION OF THE CRIME LOG OFFICER WITH RESPECT TO KEEPING THESE KIND OF RECORDS?

# 179 A:

TO SIGN IN AND TO SIGN OUT OFFICERS THAT ARRIVE AT THE LOCATION.

# 180 Q:

WHEN YOU SAY "SIGN IN AND SIGN OUT," DO THE OFFICERS ACTUALLY HAVE TO LOG IN WITH THEIR HANDWRITING OR DOES THE OFFICER WHO IS IN CHARGE OF THE LOG SIMPLY NOTE THEIR ARRIVAL?

# 181 A:

THE OFFICER THAT IS IN CHARGE OF THE LOG NOTES IT.

# 182 Q:

OKAY. SO THE FACT THAT YOU ARE LOGGED ON TO THE CRIME SCENE AT A CERTAIN TIME DOESN'T MEAN YOU ENDORSE IT, THAT MEANS THAT IS WHAT THAT OFFICER THINKS, RIGHT?

# 183 A:

YES, THAT'S RIGHT.

# 184 Q:

BUT THERE IS A SECOND SOURCE OF TIME INFORMATION WITH RESPECT TO ARRIVAL AND DEPARTURE FROM THE SCENE; IS THERE NOT?

# 185 A:

GENERALLY IT IS WITH COMMUNICATIONS. IS THAT WHAT YOU ARE TALKING ABOUT?

# 186 Q:

FIELD REPORTS?

# 187 A:

SOMETIMES, YES.

# 188 Q:

INCIDENT REPORTS?

# 189 A:

YES.

# 190 Q:

ALL RIGHT. IF THERE IS A CONFLICT BETWEEN ONE OFFICER'S TIME LOG AND THE INDIVIDUAL REPORT FILED BY AN OFFICER WHO CAME TO THE SCENE, WHICH IS THE MORE RELIABLE, IF YOU KNOW?

# 191 A:

I DON'T REALLY KNOW.

# 192 Q:

ALL RIGHT. WELL, IF WE MAY COME BACK TO THE MOMENT THAT OFFICER RISKE TOLD YOU ABOUT THE HOMICIDE. THIS WAS THE FIRST CALL, RIGHT?

# 193 A:

YES, SIR.

# 194 Q:

UP UNTIL THAT MOMENT, WHEN YOU PICKED UP THE PHONE AND FOUND HIM AT THE OTHER END, YOU HAD NO IDEA ANYBODY HAD BEEN KILLED?

# 195 A:

THAT'S CORRECT.

# 196 Q:

LET ALONE NICOLE BROWN SIMPSON, TRUE?

# 197 A:

TRUE.

# 198 Q:

ALL RIGHT. HE TOLD YOU THAT HE HAD NOT YET HAD A CHANCE TO CLEAR THE VICTIM'S HOME, TRUE?

# 199 A:

TRUE.

# 200 Q:

BUT YOU DID NOT UNDERSTAND THAT HE WAS SPEAKING TO YOU FROM THE VICTIM'S HOME?

# 201 A:

NOT AT THAT TIME, NO.

# 202 Q:

HE EXPRESSED CONCERN THAT THERE MIGHT BE OTHER VICTIMS IN THE HOME?

# 203 A:

YES, SIR.

# 204 Q:

HE ALSO EXPRESSED CONCERN THAT THE PERPETRATORS, ONE OR MORE, MIGHT BE IN THE HOME?

# 205 A:

THAT'S CORRECT.

# 206 Q:

ALL RIGHT. IS IT FAIR TO SAY THAT BASED ON THE INFORMATION YOU ALREADY RECEIVED, THE PERPETRATOR, PAREN, S, COULD BE CONSIDERED ARMED AND DANGEROUS?

# 207 A:

CERTAINLY.

# 208 Q:

DID YOU AUTHORIZE OR DIRECT RISKE TO CLEAR THE HOUSE BY HIMSELF, SERGEANT?

# 209 A:

NO. HE HAD ANOTHER OFFICER.

# 210 Q:

YOU SAID HE HAD ANOTHER OFFICER?

# 211 A:

THAT'S CORRECT.

# 212 Q:

WELL, BUT YOU DIDN'T MENTION THAT ON DIRECT. IS THAT SOMETHING YOU OVERLOOKED?

# 213 A:

I DON'T BELIEVE I WAS ASKED.

# 214 Q:

I BELIEVE YOU WERE ASKED WHAT DIRECTIONS YOU GAVE OFFICER RISKE AND YOU TOLD HIM TO CLEAR THE HOUSE. DO YOU NOW SAY THAT YOU TOLD HIM TO GET ANOTHER OFFICER TO GO WITH HIM?

# 215 A:

NO. HE HAD TOLD ME THE OFFICER WAS ALREADY THERE, SIR.

# 216 Q:

WHERE WERE THE OTHER OFFICERS WHEN RISKE WAS IN THE HOME CALLING YOU, IF YOU KNOW?

# 217 A:

HE INDICATED TO ME THAT THE OTHER OFFICER WAS IN THE HOME WITH HIM.

# 218 Q:

WHICH ONE?

# 219 A:

OFFICER DICK WALLEY.

# 220 Q:

WALLEY. ALL RIGHT. MC GOWAN/WALLEY TEAM THEN WAS THE SECOND TO ARRIVE, ALMOST AT THE SAME TIME AS RISKE?

# 221 A:

I BELIEVE SO.

# 222 Q:

AND DO YOU, AS YOU SIT HERE TODAY, REMEMBER WHETHER OR NOT OFFICER WALLEY WENT WITH RISKE THROUGH THE HOME AND FOUND NO PERPETRATORS BUT DID FIND TWO YOUNG CHILDREN?

# 223 A:

I WAS TOLD THAT HE DID GO WITH HIM, YES.

# 224 Q:

DO YOU KNOW THE AGE OF THOSE CHILDREN?

# 225 A:

NOT EXACTLY. NOT EXACTLY SIR, NO.

# 226 Q:

DO YOU KNOW IF THEY WERE IN SCHOOL?

# 227 A:

THEY WERE SCHOOL AGE, YES.

# 228 Q:

SCHOOL AGE?

# 229 A:

YES.

# 230 Q:

DO YOU KNOW WHETHER OR NOT ANY OF THE TELEPHONE EQUIPMENT IN THE HOME HAD SPEED DIAL BUTTONS WITH "DAD" WRITTEN NEXT TO THEM?

KEY QUOTE

# 231 A:

NO, SIR.

# 232 Q:

DID YOU EVER INQUIRE?

# 233 A:

NO.

# 234 Q:

ALL RIGHT. IF THE FEAR HAD BEEN EXPRESSED THAT THERE MIGHT BE OTHER VICTIMS, I TAKE IT YOU THOUGHT FROM THE CIRCUMSTANCES THAT SOMEBODY MIGHT BE AFTER THE SIMPSON FAMILY OR SOME OF ITS MEMBERS?

# 235 A:

AT THAT POINT I WASN'T ASSUMING ANYTHING LIKE THAT.

# 236 Q:

WELL, I DON'T MEAN ASSUME. LET'S SAY CONCERNED. WERE YOU CONCERNED?

# 237 A:

I THINK THAT WOULD BE A LEGITIMATE CONCERN, YES.

# 238 Q:

HOW MANY OF THESE HOMICIDE CASES HAVE YOU BEEN INVOLVED IN OVER YOUR CAREER?

# 239 A:

PROBABLY IN THE NEIGHBORHOOD OF 300, 250.

# 240 Q:

SO YOU'VE HAD CONSIDERABLE EXPERIENCE IN THE ORDER AND THE IMPORTANCE OF THINGS TO BE ACCOMPLISHED WHEN A HOMICIDE OCCURS, HAVE YOU NOT?

# 241 A:

YES, SIR.

# 242 Q:

IS IT FAIR TO SAY THAT THE VERY FIRST PRIORITY IS ANY POSSIBLE MEDICAL TREATMENT THAT COULD BE AFFORDED ANY VICTIM WHO HAS NOT DIED?

# 243 A:

THAT IS CORRECT.

# 244 Q:

THERE WAS NO INDICATION IN THIS CASE THAT THAT WAS A REALISTIC POSSIBILITY, WAS THERE?

# 245 MS. CLARK:

OBJECTION.

# 246 THE COURT:

OVERRULED.

# 247 SGT. DAVID ROSSI:

COULD YOU REPEAT THAT FOR ME.

# 248 Q:

BY MR. BAILEY: YES. THE DESCRIPTION THAT YOU GOT AS TO THE TWO VICTIMS OUT BY THE GATE INDICATED THAT THEY WERE PROBABLY VERY DEAD AT THAT POINT, TRUE?

# 249 A:

YES.

# 250 Q:

THE SECOND CONCERN WOULD BE THE PROTECTION OF ANY OTHER VICTIMS WHO MIGHT BE AT RISK BECAUSE OF WHATEVER DYNAMICS HAD CAUSED THE FIRST HOMICIDE TO OCCUR, TRUE?

# 251 A:

ARE YOU SAYING IF THERE WERE OTHER VICTIMS THAT WOULD BE MY NEXT CONCERN?

# 252 Q:

WOULD YOU NOT AS A POLICE OFFICER, WHEN YOU LEARN THAT SOMEONE -- A PROMINENT PERSON HAS BEEN KILLED, WORRY THAT SOME OTHER FAMILY MEMBER MIGHT ALSO BE A TARGET?

# 253 A:

YES.

# 254 Q:

AND IT WOULD BE APPROPRIATE, WOULD IT NOT, TO TRY TO IDENTIFY, LOCATE AND WARN ANY SUCH PERSON?

# 255 A:

YES, IF THAT WAS APPROPRIATE, IF THAT WAS POSSIBLE.

# 256 Q:

IF IT WERE POSSIBLE. NOW, YOU KNEW IN THIS CASE THAT O.J. SIMPSON WAS A LIVING CITIZEN OF BRENTWOOD, DIDN'T YOU?

# 257 A:

YES, I DID.

# 258 Q:

AND YOU HOPED, WHEN YOU LEARNED WHAT HAPPENED TO HIS WIFE, THAT HE CONTINUED TO BE LIVING, CORRECT?

# 259 A:

CERTAINLY.

# 260 Q:

BUT THERE WAS ALWAYS THE POSSIBILITY THAT HE, TOO, WAS A TARGET OF WHATEVER FORCE HAD DONE HER IN, ISN'T THAT SO?

# 261 A:

I SUPPOSE.

# 262 Q:

DIDN'T YOU PRIORITIZE TO ANY DEGREE NOTICE TO MR. SIMPSON, IF YOU COULD GIVE IT?

# 263 A:

I DON'T UNDERSTAND THE QUESTION.

# 264 Q:

NOTICE TO MR. SIMPSON MEANS A TELEPHONE CALL OR SOME OTHER COMMUNICATION SAYING YOUR WIFE HAS BEEN MURDERED --

# 265 A:

YES.

# 266 Q:

-- AND YOU BETTER WATCH OUT? DID YOU PRIORITIZE THAT?

# 267 A:

AT THAT POINT, SIR, THAT WASN'T ONE OF MY CONCERNS, NO.

KEY QUOTE

# 268 Q:

WAS IT YOUR CONCERN BEFORE YOU LEFT THE POLICE STATION AT 1:25 WHEN YOU COMPLETED YOUR PHONE CALLS?

Temperature

tense

Key Quotes (5)

F. Lee Bailey

ARE WE RESTRICTED TO THE STATE THEORY OF ONE KILLER, ERRONEOUS AS THOUGH IT MIGHT BE?

Bailey openly editorializes the prosecution's theory in a question to the judge, signaling the defense's multiple-killer theory and drawing an objection from Clark.

Sergeant Rossi

NO, I DON'T.

Rossi admits he does not know the difference between a footprint and a foot impression — a striking gap for a sergeant responsible for training younger officers in crime scene preservation.

Sergeant Rossi

YOU ACCEPTED THAT BLANKET ASSURANCE AS BEING SUFFICIENT TO PRESERVE THE INTEGRITY OF THE EVIDENCE, DID YOU NOT? ... THAT'S CORRECT. I COULD SEE THAT IT WAS SECURED.

Bailey traps Rossi: he initially accepts the label, then Rossi claims he 'could see' the scene was secure — but he was on the phone and couldn't see anything, which Bailey immediately exploits.

F. Lee Bailey

DO YOU KNOW WHETHER OR NOT ANY OF THE TELEPHONE EQUIPMENT IN THE HOME HAD SPEED DIAL BUTTONS WITH 'DAD' WRITTEN NEXT TO THEM?

Implies Nicole's children had O.J.'s number programmed into the home phone, reinforcing the defense theme that Simpson could have been warned or contacted — and raising questions about what the phone might have revealed.

Sergeant Rossi

AT THAT POINT, SIR, THAT WASN'T ONE OF MY CONCERNS, NO.

Rossi admits he never prioritized warning or notifying O.J. Simpson that his ex-wife had been murdered and that he might also be a target — a gap Bailey frames as a procedural failure.

Evidence (2)

Informal

Crime log kept by Officer Chris Cummings — chronological record of arrivals and departures at the scene

discussed; Bailey questions its reliability vs. individual officer field reports

Informal

Nicole Brown Simpson's home telephone — potential last-number redial capability

discussed; Bailey argues an opportunity to identify who Nicole last called was not pursued

Notable Exchanges (3)

F. Lee Bailey•Lance A. Ito•Marcia Clark

Bailey uses the phrase 'killers' (plural), Clark objects that it assumes facts not in evidence, and Bailey fires back asking whether he is 'restricted to the state theory of one killer, erroneous as though it might be.' The judge tells him to phrase it as 'killer or killers.'

heated

F. Lee Bailey•Sergeant Rossi

Bailey walks Rossi through the last-number redial capability on home phones, gets Rossi to agree it would have been useful to detectives to know who Nicole last called, and then establishes that no one ever asked Riske to try it.

strategic

F. Lee Bailey•Sergeant Rossi

Bailey exposes that Rossi accepted Riske's blanket assurance the scene was 'secure' without asking what that meant, without knowing what a foot impression was, and without any specialized crime scene training beyond two college courses.

revealing

Credibility Attacks (2)

⚔ Sergeant Rossi

competence challenge / omission

Bailey establishes that Rossi had no continuing education or specialized crime scene training beyond two college courses, did not know the difference between a footprint and a foot impression, and accepted Riske's vague assurance of scene security without follow-up — undermining Rossi as a credible supervisor of the initial crime scene response.

⚔ Sergeant Rossi

prior inconsistent statement / omission on direct

Bailey points out that Rossi testified on direct that he told Riske to clear the house, but failed to mention Riske had a partner (Officer Walley) — implying Rossi's direct testimony was incomplete or shaped to avoid scrutiny.

Witness Demeanor

(NO AUDIBLE RESPONSE.) — twice, when asked about risks to evidence and about Nicole being known in the community

Rossi gives clipped, one-word answers under sustained pressure, rarely volunteering information

Objections

7 objections (3 sustained, 3 overruled)

Proceeding 4832 • 268 utterances • Prosecution witness

Criminal Trial

Department 103