Cross-examination of David Rossi (part 2)

📄 Cross-examination of David Rossi (part 2) — Tuesday, February 14, 1995

Address:

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

TRIAL

▲ Day 18 of 167

◀ Cross-examination of David Rossi (part 1) Jury returns ▶

Witness: Sgt. David Rossi
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Tuesday, February 14, 1995 • Utterances: 176

F. Lee Bailey cross-examines Sergeant Rossi, the watch commander who first responded to the Bundy crime scene, pressing him on two failures: the inexplicable delay in notifying O.J. Simpson of his ex-wife's murder (when his daughter Sydney was on-scene and could have provided his number), and the potential destruction of footprint evidence when Rossi walked the crime scene walkway before trained detectives arrived. Bailey methodically corners Rossi into admitting he wasn't thinking about preserving footprint evidence as he walked through the area where the killer likely fled.

# 1 A:

NOT THEN, NO.

# 2 Q:

CAN YOU TELL US WHY IT WAS THAT FOR THE BETTER PART OF AN HOUR AFTER YOU LEARN OF A BRUTAL HOMICIDE YOU WERE NOT CONCERNED ABOUT NOTIFYING THE EX-HUSBAND?

# 3 A:

BECAUSE THOSE TYPES OF NOTIFICATIONS ARE DONE BY THE DETECTIVES.

# 4 Q:

OH, AND UNTIL THE DETECTIVES COME ON THE SCENE HE STAYS AT RISK? IS THAT IT?

# 5 A:

WELL, IF THAT IS WHAT YOU WANT TO SAY, YES, THAT IS WHAT WE DO.

# 6 Q:

IT APPEARS THAT THAT IS WHAT HAPPENED AND A LOT WORSE, ISN'T IT?

# 7 MS. CLARK:

OBJECTION.

# 8 THE COURT:

WE ARE ARGUING WITH THE WITNESS, COUNSEL.

# 9 MR. BAILEY:

WITHDRAW.

# 10 THE COURT:

THANK YOU.

# 11 Q:

BY MR. BAILEY: IS IT NOT TRUE THAT NO ONE MADE AN EFFORT TO NOTIFY MR. SIMPSON UNTIL AFTER 5:00 A.M. WHEN YOU WERE ON THE PHONE WITH WESTEC?

# 12 A:

I DON'T KNOW, SIR. I DON'T KNOW IF THE DETECTIVE TRIED TO DO IT EARLIER OR NOT.

# 13 Q:

THEY DIDN'T DO IT IN YOUR PRESENCE, DID THEY?

# 14 A:

OH, NO.

# 15 Q:

YOU DIDN'T LEAVE THE SCENE UNTIL 4:10?

# 16 A:

THAT'S CORRECT.

# 17 Q:

IF ANYBODY HAD BEEN DISPATCHED TO FIND MR. SIMPSON PRIOR TO THAT YOU WOULD HAVE KNOWN ABOUT IT, WOULDN'T YOU?

# 18 A:

NOT NECESSARILY. THE DETECTIVES HAVE TAKEN OVER THE CASE AT THAT TIME.

# 19 Q:

DO YOU THINK THEY MIGHT HAVE SLIPPED AWAY WITHOUT YOUR KNOWLEDGE TO DO THAT?

# 20 A:

I DON'T KNOW IF THEY WOULD HAVE SLIPPED AWAY, BUT THEY COULD HAVE ASSIGNED SOMEBODY TO DO IT.

# 21 Q:

SIR, THEY WERE THERE UNTIL 4:10 THEMSELVES, WEREN'T THEY?

# 22 (NO AUDIBLE RESPONSE.)

# 23 Q:

WEREN'T THEY?

# 24 A:

YES.

# 25 Q:

ALL RIGHT. DID YOU EVER INQUIRE OF THEM WHAT EFFORTS ARE BEING MADE TO NOTIFY MR. SIMPSON?

# 26 A:

NO, I DIDN'T.

# 27 Q:

NOW, DID YOU KNOW THAT YOU HAD AT HAND, BEFORE YOU LEFT THE POLICE STATION, THE MEANS TO GET HOLD OF MR. SIMPSON IF YOU CHOSE TO DO SO?

# 28 A:

NO, I DIDN'T.

# 29 Q:

DID IT EVER OCCUR TO YOU THAT A SEVEN-YEAR OLD GIRL MIGHT KNOW HER FATHER'S TELEPHONE NUMBER?

KEY QUOTE

# 30 A:

YES.

# 31 Q:

OR BOY?

# 32 A:

YES.

# 33 Q:

OKAY. DID YOU BOTHER TO ASK HIM FOR IT?

# 34 A:

NO. I DID ASK THE LITTLE GIRL IF SHE KNEW IF HER FATHER WAS IN TOWN OR OUT OF TOWN.

# 35 Q:

WHAT DID SHE SAY?

# 36 A:

SHE SAID SHE THOUGHT HE WAS IN TOWN.

# 37 Q:

DID YOU ASK FOR HER PHONE NUMBER SO COULD YOU REACH HIM?

# 38 A:

NO.

# 39 Q:

WHY NOT?

# 40 A:

I DIDN'T THINK OF IT.

# 41 Q:

WHY DID YOU SPEND 50 MINUTES TRYING TO GET IT OUT OF WESTEC AFTER 5:00 A.M. WHEN SHE WAS STILL A FEW FEET AWAY?

# 42 A:

BECAUSE I WAS RESPONDING TO A REQUEST BY THE DETECTIVE.

# 43 Q:

YOU MEAN THE DETECTIVES SAID WE WANT TO GET WESTEC TO GET THE PHONE NUMBER AND YOU DIDN'T TELL THEM I CAN GET IT FROM SYDNEY RIGHT HERE?

# 44 A:

NO.

# 45 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION. HOW DOES HE KNOW IF SHE KNOWS THE NUMBER OR COULD ACCURATELY --

# 46 MR. BAILEY:

HE TESTIFIED HE THOUGHT SHE WOULD.

# 47 MS. CLARK:

-- GIVE IT?

# 48 THE COURT:

OVERRULED, OVERRULED.

# 49 Q:

BY MR. BAILEY: CORRECTION. THIS IS A NINE-YEAR OLD GIRL. MAKING IT EVEN MORE LIKELY?

# 50 MS. CLARK:

OBJECTION. COUNSEL IS TESTIFYING.

# 51 THE COURT:

THAT IS TESTIFYING.

# 52 Q:

BY MR. BAILEY: WOULD YOU SAY THAT A NINE-YEAR OLD GIRL WOULD KNOW HER DAD'S TELEPHONE NUMBER?

# 53 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

# 54 THE COURT:

OVERRULED.

# 55 SGT. DAVID ROSSI:

I DIDN'T KNOW. I DIDN'T ASK HER.

# 56 Q:

BY MR. BAILEY: YOUR EXPERIENCE DOESN'T TELL YOU WHETHER OR NOT IT IS LIKELY?

# 57 THE COURT:

COUNSEL, WE KNOW FROM THE JURY QUESTIONNAIRES, THE MAJORITY OF OUR JURORS HAVE CHILDREN OR ONCE WERE CHILDREN NINE YEARS OLD.

KEY QUOTE

# 58 MR. BAILEY:

ALL RIGHT. THE POINT IS MADE.

# 59 THE COURT:

THANK YOU.

# 60 Q:

BY MR. BAILEY: NOW THEN, WHAT DUTY DOES A WATCH COMMANDER HAVE TO WALK THROUGH THE SCENE OF A DOUBLE HOMICIDE ONCE HE GETS THERE AND IS TOLD IT HAS BEEN SECURE, WHATEVER THAT MEANS?

# 61 A:

SO I CAN ACCURATE REPORT TO THE DETECTIVE WHEN THEY ASK HIM QUESTIONS.

# 62 Q:

IS IT YOUR EXPERIENCE THAT AT SOME POINT DOWN THE ROAD DETECTIVES AND TECHNICIANS WILL ARRIVE?

# 63 A:

YES.

# 64 Q:

AND THE TECHNICIANS ARE THE PEOPLE WHO TRY TO PRESERVE AND LIFT IMPRESSIONS OF VARIOUS SORTS THAT MAY IDENTIFY OR EXCLUDE CERTAIN SUSPECTS, TRUE?

# 65 A:

THAT'S CORRECT.

# 66 Q:

ALL RIGHT. THAT WOULD INCLUDE FOOTPRINTS?

# 67 A:

YES, SIR.

# 68 Q:

WHICH CAN IN SOME CASES BE AS SINGULAR AS A FINGERPRINT, TRUE?

# 69 A:

YES.

# 70 Q:

AND IT WOULD INCLUDE FINGERPRINTS THEMSELVES?

# 71 A:

YES.

# 72 Q:

AND IN THESE DAYS OTHER CHEMICAL TRACES THAT MIGHT BE RELEVANT AND HELPFUL, TRUE?

# 73 A:

TRUE.

# 74 Q:

IN ADDITION, IN THIS CASE, SERGEANT, YOU SAW THAT A TREMENDOUS AMOUNT OF BLOOD HAD BEEN LOST BY AT LEAST ONE THE VICTIMS, DIDN'T YOU?

# 75 A:

YES, I DID.

# 76 Q:

AND THAT IT HAD ALREADY BEEN TRAMPLED UP BY A DOG, RIGHT?

# 77 A:

YES.

# 78 Q:

NOW, WHAT MADE YOU ASSUME THAT THE PERPETRATOR OR PERPETRATORS HAD NOT WALKED THROUGH THE SOFT EARTH OVER WHICH YOU TRAMPLED TO GET TO THE GATE? HOW DID YOU KNOW THAT?

# 79 A:

BECAUSE WE CHECKED THE PATH AND WE DIDN'T SEE ANY INDICATION THAT SOMEBODY HAD WALKED THROUGH THERE.

# 80 Q:

YOU HAVE AN INSPECTION THAT YOU MADE AS YOU WALKED THROUGH THOSE PLANTS; IS THAT RIGHT?

# 81 A:

YES, WE DID. AS WE WALKED WE SHINED THE FLASHLIGHT TO MAKE SURE WE WEREN'T STEPPING IN ANYTHING THAT WOULD BE OF EVIDENTIAL VALUE.

# 82 Q:

YOU ARE ABLE TO TELL US THAT WHEN YOU WALKED UP THAT PATH THERE WERE NO FOOTPRINTS AHEAD OF YOU; IS THAT RIGHT?

# 83 A:

THAT'S CORRECT.

# 84 Q:

DID OFFICER RISKE TELL YOU HE HAD WALKED THE SAME PATH?

# 85 A:

NO, HE DIDN'T.

# 86 Q:

YOU DIDN'T NOTICE HIS FOOTPRINTS THERE; IS THAT RIGHT?

# 87 A:

NO, I DIDN'T.

# 88 Q:

NOW, DID YOU NOTICE THAT THE BODY OF RONALD GOLDMAN WAS LAYING IN THE PLAIN SOFT EARTH, HEAVILY SHADED?

# 89 A:

YES, IT APPEARED TO BE ON SOFT EARTH.

# 90 Q:

WAS IT APPARENT TO YOU, SOON AFTER YOUR ARRIVAL, IF NOT BEFORE, THAT MR. GOLDMAN HAD PROBABLY PUT UP SEVERE RESISTANCE AS HE WAS BEING KILLED?

# 91 A:

I DON'T KNOW.

# 92 Q:

DID IT OCCUR TO YOU THAT THERE MIGHT BE IN THAT AREA OF SOFT EARTH NEAR THE WALKWAY, THE FOOTPRINTS OF THE PERSON WHO HAD COMMITTED THE CRIME?

# 93 A:

I DIDN'T THINK -- I WASN'T THINKING ABOUT THAT.

# 94 Q:

YOU WEREN'T THINKING ABOUT IT?

# 95 A:

NO.

# 96 Q:

OKAY. WELL, HOW MANY PEOPLE DID YOU TELL NOT TO GO INTO THAT AREA FOR FEAR OF RUINING THE CASE?

# 97 A:

I DIDN'T HAVE TO TELL ANYBODY. NOBODY WENT IN.

# 98 Q:

NOBODY WENT IN?

# 99 A:

NOT WHILE I WAS THERE.

# 100 Q:

WHY IN THE WORLD DID YOU NEED TO GO ON THE CRIME SCENE TO BEGIN WITH IF YOU ARE NOT A DETECTIVE?

# 101 A:

SO COULD I GIVE THE RESPONDING DETECTIVES AN ACCURATE ACCOUNT OF WHAT WAS THERE. THEY REQUIRE THAT FROM ME.

# 102 Q:

OH, SO WITHOUT WAITING FOR A TRAINED DETECTIVE TO ARRIVE WHO MIGHT KNOW WHAT EVIDENCE TO PRESERVE, IT IS YOUR DUTY TO GO IN AND LOOK SO YOU CAN TELL HIM WHAT HE IS ABOUT TO SEE; IS THAT RIGHT?

# 103 A:

YES, SIR.

# 104 Q:

OKAY. YOU DID THAT IN THIS CASE?

# 105 A:

YES, I DID.

# 106 Q:

NOW, WAS IT FAIRLY APPARENT TO YOU THAT WHOEVER HAD PERPETRATED THESE HOMICIDES HAD DEPARTED IN SOME DIRECTION?

# 107 A:

YES.

# 108 Q:

AND HOW MANY POSSIBILITIES WERE THERE FOR THE DEPARTURE ROUTE ON THAT EARLY MORNING?

# 109 A:

WOULD YOU REPEAT THAT FOR ME, PLEASE.

# 110 Q:

YES. WOULD YOU TELL THE COURT AND JURY HOW MANY POSSIBILITIES YOU SAW FOR AN EXODUS BY THE KILLER OR KILLERS AFTER THE HOMICIDES WERE DONE AND BEFORE THE POLICE ARRIVED?

# 111 MS. CLARK:

OBJECTION. AN EXODUS?

# 112 THE COURT:

DO YOU WANT TO REPHRASE THAT.

# 113 Q:

BY MR. BAILEY: A WAY OUT. DO YOU UNDERSTAND THAT?

# 114 A:

YES, I DO.

# 115 Q:

OKAY. HOW MANY WAYS OUT WERE THERE?

# 116 A:

WELL, IT WAS OUTSIDE. THE SCENE OF THE CRIME WAS OUTSIDE.

# 117 Q:

THEY COULDN'T GO STRAIGHT UP?

# 118 A:

OTHER THAN STRAIGHT UP, THEY COULD HAVE LEFT IN ANY DIRECTION.

# 119 Q:

OVER THE ROOF?

# 120 A:

I SUPPOSE, IF THEY --

# 121 Q:

OVER THE FENCE?

# 122 A:

YES.

# 123 Q:

DIDN'T IT SEEM LIKELY THAT THEY HAD EITHER GONE OUT THE FRONT GATE OR OUT THE BACK GATE?

# 124 A:

IT DIDN'T SEEM LIKELY TO ME UNTIL I WENT AROUND TO THE BACK AND SAW THE FOOTPRINTS.

# 125 Q:

UP UNTIL THEN IT NEVER OCCURRED TO YOU THAT FOOTPRINTS MIGHT BE THERE; IS THAT RIGHT?

# 126 A:

OH, I THOUGHT THERE MAY BE.

# 127 Q:

OKAY. YOU SAID IT DIDN'T SEEM LIKELY THAT THEY HAD GONE THAT WAY. WHY NOT?

# 128 A:

I SAID IT DIDN'T SEEM LIKELY THEY WENT WHAT WAY?

# 129 Q:

OUT THE BACK.

# 130 A:

I DIDN'T SAY THAT.

# 131 Q:

OH, YOU DIDN'T SAY THAT?

# 132 A:

NO, I DIDN'T SAY THAT.

# 133 Q:

PARDON ME. WASN'T THE EVIDENCE STARING YOU IN THE FACE THAT SOMEBODY HAD TO GO OUT THE BACK?

# 134 A:

WELL, LIKE I SAID, IT WAS OUTSIDE, SO --

# 135 Q:

I UNDERSTAND. DIDN'T YOU TELL US YOUR TESTIMONY WAS THAT YOU SAW TRACKS ON THE SIDEWALK ON BUNDY?

# 136 A:

ON BUNDY?

# 137 Q:

YES.

# 138 A:

FOOT -- DOG -- DOG TRACKS.

# 139 Q:

THAT'S RIGHT.

# 140 A:

YES.

# 141 Q:

SO IF THE KILLER WASN'T A DOG THEN SOMEBODY HAD TO GO OUT THE BACK END, DIDN'T THEY?

# 142 A:

THEY COULD HAVE GONE ANY DIRECTION.

# 143 Q:

WITHOUT LEAVING ANY FOOTPRINTS AFTER BEING IN ALL THAT BLOOD, SERGEANT?

# 144 A:

WELL, THAT IS -- THAT IS POSSIBLE, YES.

# 145 Q:

AND HOW IS THAT POSSIBLE? PLEASE TELL ME.

# 146 A:

JUST LEAVE AND COVER THEIR TRACKS SOMEHOW.

# 147 Q:

LEAVE AND COVER THEIR TRACKS. WOULD YOU EXPLAIN TO ALL OF US HOW THAT COULD BE ACCOMPLISHED BY A KILLER WITH BLOODY FEET?

# 148 A:

IF THEY DIDN'T GET BLOOD ON THEIR FEET, THEY WOULDN'T LEAVE TRACKS.

# 149 Q:

HAVING BEEN AT THE SCENE CAN YOU IMAGINE THAT THE PERPETRATOR OR PERPETRATORS DIDN'T GET BLOOD ON THEIR FEET? CAN YOU IMAGINE THAT?

# 150 A:

THERE WAS A LOT OF BLOOD THERE.

# 151 Q:

NO. CAN YOU IMAGINE THAT THESE MURDERS WERE ACCOMPLISHED WITHOUT GETTING ANY BLOOD ON THE FEET OF THE PERPETRATOR?

# 152 A:

I THINK ANYTHING IS POSSIBLE.

KEY QUOTE

# 153 Q:

ANYTHING IS POSSIBLE. SO YOU THINK THEY MAY HAVE BEEN FAST ENOUGH ON THEIR FEET TO AVOID BLOOD WHILE ACCOMPLISHING THE CARNAGE THAT WE HAVE BEEN LOOKING AT ON SCREEN; IS THAT RIGHT?

# 154 A:

I CAN'T ACCURATELY TESTIFY TO THAT, I'M SORRY.

# 155 Q:

WELL, NOW WHEN YOU GOT AROUND TO THE BACK, IT BEGAN TO OCCUR TO YOU THAT THAT MAY HAVE BEEN THE MEANS OF ESCAPE, TRUE?

# 156 A:

YES.

# 157 Q:

AND THAT THERE COULD BE FOUND THERE ON THE HARD SURFACE, TERRA-COTTA, A POROUS HARD SURFACE, EVIDENCE OF FOOTPRINTS THAT COULD BE TIED TO A SPECIFIC SHOE, RIGHT?

# 158 A:

ARE YOU ASKING ME IF I SAW FOOTPRINTS?

# 159 Q:

I'M ASKING YOU WHETHER IT OCCURRED TO YOU THAT IF THAT WERE IN FACT THE MEANS OF ESCAPE AND THE KILLER OR KILLERS HAD RUN OUT THAT WAY, THAT THERE COULD BE, SOMEWHERE BETWEEN THE POSITION OF THE BODIES AND THE BACK GATE, SOME FOOTPRINTS THAT COULD IDENTIFY THE PERPETRATOR?

# 160 A:

YES.

# 161 Q:

ALL RIGHT. WHEN DID THAT OCCUR TO YOU?

# 162 A:

WHEN I SAW THE FOOTPRINTS.

# 163 Q:

AND WAS IT AFTER YOU SAW THE FOOTPRINTS THAT YOU ELECTED TO GO WITH RISKE AND WALK ON THE WALKWAY?

# 164 A:

NO. IT WAS PRIOR TO THAT THAT I MADE THAT DECISION.

# 165 Q:

PRIOR TO THAT. UNTIL YOU ACTUALLY SAW THE FOOTPRINTS YOU NEVER THOUGHT ABOUT THE POSSIBILITY THAT YOU WERE OBLITERATING FOOTPRINT EVIDENCE AS YOU WALKED?

# 166 MS. CLARK:

OBJECTION. THAT ASSUMES FACTS NOT IN EVIDENCE.

# 167 THE COURT:

OVERRULED.

# 168 Q:

BY MR. BAILEY: DO YOU UNDERSTAND THE QUESTION?

# 169 A:

I UNDERSTAND THE QUESTION, YES, SIR.

# 170 Q:

DID IT OCCUR TO YOU, YOU AND RISKE, WHO HAS GOT PRETTY GOOD SIZED FEET, BY WALKING UP THAT WALKWAY YOU COULD BE OBLITERATING EVIDENCE?

# 171 THE COURT:

WELL, WE ARE ASSUMING FACTS NOT IN EVIDENCE. WE DON'T KNOW HOW BIG THESE OFFICERS' FEET REALLY ARE.

# 172 MR. BAILEY:

WE SAW RISKE'S FEET, YOUR HONOR, FOR QUITE A PERIOD OF TIME.

# 173 MS. CLARK:

I DIDN'T.

# 174 THE COURT:

I DIDN'T LOOK.

# 175 MR. BAILEY:

I DID.

# 176 THE COURT:

ALL RIGHT. WE ARE GOING TO TAKE OUR RECESS AT THIS POINT, MR. BAILEY. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE A RECESS UNTIL 3:30. PLEASE REMEMBER MY ADMONITION TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE. DON'T ALLOW ANYBODY TO COMMUNICATE WITH YOU, CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. SERGEANT ROSSI, YOU MAY STEP DOWN. PLEASE DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY EXCEPT FOR THE LAWYERS.

YOU ARE ORDERED TO COME BACK AT 3:30. ALL RIGHT. WE ARE IN RECESS.

Temperature

tense

Key Quotes (4)

F. Lee Bailey

DID IT EVER OCCUR TO YOU THAT A SEVEN-YEAR OLD GIRL MIGHT KNOW HER FATHER'S TELEPHONE NUMBER?

Highlights the absurdity of spending 50 minutes trying to reach Simpson through Westec security when his daughter was feet away on the scene.

Witness (Sgt. Rossi)

I WASN'T THINKING ABOUT IT.

Rossi admits he never considered that walking the crime scene path might obliterate footprint evidence from the killer's likely escape route.

Witness (Sgt. Rossi)

I THINK ANYTHING IS POSSIBLE.

Evasive answer when pressed on whether it was conceivable that the perpetrator avoided getting blood on their feet despite the massive amount of blood at the scene — undermining his credibility.

Lance A. Ito

COUNSEL, WE KNOW FROM THE JURY QUESTIONNAIRES, THE MAJORITY OF OUR JURORS HAVE CHILDREN OR ONCE WERE CHILDREN NINE YEARS OLD.

Judge signals to Bailey that the point about the child knowing her father's number is self-evident — no need to belabor it.

Evidence (3)

Informal

Bloody footprints and trampled blood at the Bundy crime scene, including dog tracks on the sidewalk

discussed as basis for arguing the killer exited through the back gate

Informal

The soft earth near Ronald Goldman's body — potential site of killer's footprints

referenced to challenge Rossi's failure to protect the area

Informal

The walkway between the bodies and the back gate

challenged — Bailey implies Rossi and Riske may have obliterated footprint evidence by walking it

Notable Exchanges (3)

F. Lee Bailey•Sgt. Rossi

Bailey walks Rossi through the logic that Sydney Simpson (age 9, on-scene) could have provided her father's phone number, while detectives instead spent 50+ minutes trying to get it through Westec security. Rossi admits he never asked her.

strategic

F. Lee Bailey•Sgt. Rossi

Bailey presses Rossi on whether it was possible for the killer to have committed the murders without getting blood on their feet. Rossi retreats to 'anything is possible,' which Bailey underscores as evasive given the volume of blood observed.

revealing

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

Banter about the size of Officer Riske's feet, sparked by Bailey's question about whether Riske's large feet could have obliterated evidence on the walkway. Ito says 'I didn't look,' Clark says 'I didn't,' Bailey says 'I did.'

light

Light Moments (2)

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

After Bailey suggests Riske had 'pretty good sized feet,' Ito notes 'we don't know how big these officers' feet really are.' Clark says she didn't look; Bailey says he did; Ito says he didn't look either.

Lance A. Ito

Ito cuts off Bailey's line about whether a nine-year-old would know her dad's phone number by noting most jurors 'have children or once were children nine years old' — prompting Bailey to say 'the point is made.'

Credibility Attacks (3)

⚔ Sgt. Rossi

omission / incompetence

Bailey establishes that Rossi never asked nine-year-old Sydney Simpson for her father's phone number despite spending nearly an hour trying to notify Simpson through other channels — suggesting indifference or poor judgment.

⚔ Sgt. Rossi

contradiction / admission of inattention

Rossi admits he was not thinking about whether he and Riske might be obliterating footprint evidence as they walked the crime scene path — undermining his claim that he walked carefully and checked for evidence.

⚔ Sgt. Rossi

evasion

When Bailey asks whether it was conceivable that the killer avoided getting blood on their feet given the carnage, Rossi repeatedly deflects with 'anything is possible' and 'I can't accurately testify to that' — Bailey uses this to highlight the witness's reluctance to engage honestly.

Witness Demeanor

(NO AUDIBLE RESPONSE.) — when pressed on whether detectives were present until 4:10 a.m.

Objections

7 objections (1 sustained, 3 overruled)

Proceeding 4833 • 176 utterances • Prosecution witness

Criminal Trial

Department 103