📄 Cross-examination of Robert Riske (part 3) — Tuesday, February 14, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\14\CROSS-EXAMINATION-OF-ROBERT-RI.DOC
TRIAL
▲ Day 18 of 167

Cross-examination of Robert Riske (part 3)

Witness: Off. Robert Riske
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Tuesday, February 14, 1995 • Utterances: 655
Marcia Clark's redirect examination of first-responding Officer Robert Riske focused on establishing that photographs show the glove and envelope were moved after the bodies were removed — implying the coroner's team, not investigators, disturbed the evidence. Cochran's recross countered by pressing that evidence should be returned exactly to its original position, implicitly suggesting the scene was mishandled, and highlighted that Riske used Nicole Brown Simpson's phone without gloves, potentially contaminating fingerprint evidence.
1 THE COURT:

THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. ALL RIGHT. LET THE RECORD REFLECT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. OFFICER ROBERT RISKE IS STILL ON THE WITNESS STAND ON REDIRECT EXAMINATION. OFFICER RISKE, YOU ARE REMINDED YOU ARE STILL UNDER OATH. MISS CLARK, YOU MAY CONTINUE YOUR REDIRECT.

2 MS. CLARK:

THANK YOU VERY MUCH, YOUR HONOR. THIS IS P-54(3), YOUR HONOR.

3 THE COURT:

P-54(3).

4 Q:

BY MS. CLARK: DO YOU REMEMBER MR. COCHRAN SHOWED YOU THIS PHOTOGRAPH?

5 A:

YES, I DO.

6 Q:

DO YOU SEE THE POSITION OF THE GLOVE?

7 A:

YES.

8 Q:

IT'S JUST A LITTLE BIT ABOVE THAT GROUTING THAT'S IN THE LOWER LEFT-HAND OF THE PHOTOGRAPH?

9 A:

YES.

10 MS. CLARK:

CAN WE GET THE PERSPECTIVE SHOT? IF WE COULD CUT THE FEED FOR THE NEXT ONE, YOUR HONOR.

11 THE COURT:

YES.

12 MS. CLARK:

I WOULD ASK THIS BE MARKED P-59.

13 THE COURT:

ALL RIGHT. P-59.

14 (PEO'S 59 FOR ID = PHOTOGRAPH)
15 Q:

BY MS. CLARK: DO YOU SEE IN THIS PHOTOGRAPH MR. GOLDMAN IS PRESENT?

16 A:

YES.

17 Q:

DO YOU SEE THE ENVELOPE IN THAT PHOTOGRAPH?

18 A:

YES, I DO.

19 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
20 MS. CLARK:

WE ARE LOSING IT. THERE WE GO. PUSH IT UP SLOW, JONATHAN. THANK YOU.

21 Q:

BY MS. CLARK: DO YOU SEE THE POSITION OF THE ENVELOPE IN THIS PHOTOGRAPH, SIR?

22 A:

YES, I DO.

23 Q:

DOES IT APPEAR TO BE THE SAME AS THE LAST PHOTOGRAPH YOU SAW, IN THE LAST PHOTOGRAPH THAT WE SHOWED YOU?

24 A:

YES.

25 Q:

WITH RESPECT TO THE GROUTING AND EVERYTHING?

26 A:

RIGHT.

27 Q:

SO YOU CAN SEE THAT THE BODY IS IN PLACE IN THIS PHOTOGRAPH?

28 A:

YES, MA'AM.

29 Q:

AND IN THE PREVIOUS ONE AS WELL?

30 A:

YES. WELL, YOU COULDN'T SEE THE BODY IN THE PREVIOUS ONE.

KEY QUOTE
31 Q:

YES. BUT YOU CAN SEE THE POSITION OF THE ENVELOPE IS THE SAME?

32 A:

RIGHT.

33 Q:

AND DO YOU SEE THE NUMBER TAG IN THIS PHOTOGRAPH?

34 A:

NO.

35 Q:

DID YOU SEE THE NUMBER TAG IN THE PREVIOUS PHOTOGRAPH SHOWN?

36 A:

NO.

37 Q:

OKAY.

38 MR. FAIRTLOUGH:

YOUR HONOR, MAY THIS BE MARKED AS PEOPLE'S 59-A?

39 THE COURT:

PRINT, 59-A.

40 (PEO'S 59-A FOR ID = PRINT)
41 Q:

BY MS. CLARK: OKAY. NOW, YOU RECALL THAT MR. COCHRAN SHOWED YOU THIS PHOTOGRAPH?

42 A:

YEAH.

43 Q:

WITH A NUMBER TAG IN IT?

44 A:

YES, MA'AM.

45 Q:

OKAY. YOU SAW THAT THE ENVELOPE WAS SLIGHTLY MOVED?

46 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION, SLIGHTLY MOVED.

47 THE COURT:

MOVED.

48 Q:

BY MS. CLARK: OKAY. WAS MOVED. OKAY?

49 A:

YES.

50 Q:

MOVED.

51 MR. FAIRTLOUGH:

THIS PHOTOGRAPH IS 56-F.

52 Q:

BY MS. CLARK: ALL RIGHT. LET ME SHOW YOU THE PERSPECTIVE, PHOTOGRAPH THAT YOU WERE NOT SHOWN BY MR. COCHRAN. DO YOU SEE THE ENVELOPE HERE?

53 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION, YOUR HONOR. IT'S ARGUMENTATIVE.

54 THE COURT:

ALL RIGHT. THAT HAS NOT BEEN SHOWN THUS FAR.

55 MS. CLARK:

THAT HAS NOT BEEN SHOWN THUS FAR.

56 THE COURT:

BY EITHER PARTY.

57 MS. CLARK:

CORRECT.

58 THE COURT:

THANK YOU.

59 MS. CLARK:

ACTUALLY, I THINK I DO HAVE THIS PHOTOGRAPH ALREADY MARKED.

60 THE COURT:

I THINK THIS MAY BE ON ONE OF YOUR BOARDS.

61 Q:

BY MS. CLARK: DO YOU SEE THIS PHOTOGRAPH, SIR?

62 A:

YES, MA'AM.

63 THE COURT:

ALL RIGHT. THIS IS WHAT PHOTOGRAPH?

64 MR. FAIRTLOUGH:

P-56(H).

65 MS. CLARK:

THIS IS P-56(H). YES. IT HAS BEEN MARKED, YOUR HONOR, AND SHOWN.

66 Q:

BY MS. CLARK: DO YOU SEE THE POSITION OF THE ENVELOPE IN THIS PHOTOGRAPH, SIR?

67 A:

YES, I DO.

68 MS. CLARK:

AND IF WE COULD ZOOM IN.

69 Q:

BY MS. CLARK: AND YOU SEE THE BODY -- THE BODY HAS BEEN REMOVED FROM THIS PHOTOGRAPH?

70 A:

RIGHT.

71 Q:

OKAY. DO YOU SEE THE POSITION OF THE ENVELOPE IN THIS PHOTOGRAPH?

72 A:

YES.

73 Q:

NOW, IN THIS PHOTOGRAPH IN WHICH THE BODY HAS BEEN REMOVED, DOES THE ENVELOPE APPEAR TO BE IN THE SAME POSITION AS THE CLOSE-UP SHOWN TO YOU JUST BEFORE THIS ONE?

74 A:

YES.

75 MS. CLARK:

OKAY. LET'S GO BACK TO THAT ONE AND LOOK AT THAT, COMPARE.

76 MR. FAIRTLOUGH:

I'M SORRY. WHICH PHOTO?

77

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) Q: BY MS. CLARK: DOES THAT APPEAR TO BE IN THE SAME POSITION AS THE PERSPECTIVE SHOT THAT I JUST SHOWED YOU IN WHICH YOU CAN SEE THAT THE BODY HAS BEEN REMOVED?

78 A:

YES, MA'AM.

79 Q:

CAN YOU ALSO SEE THE EDGE OF A BLANKET IN THIS PHOTOGRAPH, SIR?

80 A:

YES.

81 Q:

WAS THERE A BLANKET THERE WHEN YOU SAW THE BODIES IN PLACE?

82 A:

NO.

83 Q:

ALL RIGHT. SO WHAT DOES IT APPEAR TO BE? WHAT DO YOU SEE HERE, SIR, IN THE DIFFERENCE IN THE PHOTOGRAPHS THAT WERE SHOWN TO YOU?

84 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.

85 THE COURT:

RIGHT. WHICH PHOTOGRAPHS?

86 Q:

BY MS. CLARK: FIRST OF ALL, WITH RESPECT TO THE ENVELOPE, WOULD IT APPEAR THAT THERE WERE PHOTOGRAPHS TAKEN BEFORE THE BODIES WERE REMOVED?

87 A:

YES.

88 Q:

AND WOULD IT APPEAR THEN THAT AFTER THE BODIES WERE REMOVED, PHOTOGRAPHS WERE TAKEN AGAIN?

89 A:

YES, MA'AM.

90 MR. COCHRAN:

THAT CALLS FOR SPECULATION. HE WASN'T THERE. HE WAS TOLD THAT. COUNSEL IS LEADING AND SUGGESTIVE.

91 MS. CLARK:

YOUR HONOR --

92 THE COURT:

SUSTAINED.

93 MS. CLARK:

AS TO WHAT?

94 THE COURT:

LEADING AND SUGGESTIVE.

95 MS. CLARK:

OKAY.

96 Q:

BY MS. CLARK: YOU SAW THE PHOTOGRAPHS THAT WE'VE JUST SHOWN YOU WHERE PHOTOGRAPHS WERE TAKEN OF THE ENVELOPE BEFORE THE BODY WAS MOVED; IS THAT CORRECT?

97 A:

YES, MA'AM.

98 Q:

AND THEN WE SHOWED YOU A PHOTOGRAPH OF THE ENVELOPE THAT WAS TAKEN AFTER THE BODY WAS REMOVED; IS THAT CORRECT?

99 A:

YES, MA'AM.

100 Q:

AND IN THOSE PHOTOGRAPHS TAKEN OF THE ENVELOPE AFTER THE BODY WAS REMOVED, YOU SEE A NUMBER TAG?

101 A:

YES.

102 Q:

AND WAS THERE ALSO A PHOTOGRAPH TAKEN OF THE GLOVE BEFORE THE BODY WAS REMOVED?

103 A:

YES.

104 Q:

AND YOU SAW THAT?

105 A:

YES, MA'AM.

106 Q:

AND THEN THERE WAS A PHOTOGRAPH TAKEN OF THE GLOVE AFTER THE BODY WAS REMOVED?

107 A:

YES.

108 Q:

AND YOU SAW THAT?

109 A:

YES, MA'AM.

110 Q:

AND YOU SAW THAT THERE WAS A NUMBER TAG ON THE GLOVE AFTER THE BODY WAS REMOVED; IS THAT CORRECT?

111 A:

YES.

112 Q:

AND IN THE PHOTOGRAPHS THAT WERE TAKEN AFTER THE BODIES WERE REMOVED, THE ENVELOPE AND THE GLOVE APPEARED TO YOU TO BE IN A DIFFERENT POSITION THAN THEY WERE BEFORE THE BODY WAS REMOVED; IS THAT CORRECT?

113 A:

CORRECT.

114 Q:

YOU SEE THE PHOTOGRAPH THAT HAS BEEN MARKED AS PEOPLE'S 56-K? IT'S NO. 105.

115 A:

YES, I DO.

116 Q:

APPEARS TO MARK THE EVIDENCE ITEM OF A RING.

117 THE COURT:

I'M SORRY, MS. CLARK. THIS IS 56 --

118 MS. CLARK:

K, YOUR HONOR.

119 THE COURT:

K.

120 MS. CLARK:

I'M GOING TO PUT IT UP ON THE LASER SO EVERYONE CAN SEE IT.

121 Q:

BY MS. CLARK: CAN YOU SEE THAT, SIR?

122 A:

YES, MA'AM.

123 Q:

DID YOU SEE THAT RING WHEN YOU WERE THERE?

124 A:

NO, I DIDN'T.

125 Q:

OF COURSE, IF IT WAS UNDER THE BODY OF RON GOLDMAN, YOU WOULDN'T HAVE BEEN ABLE TO, RIGHT?

126 A:

RIGHT.

127 MR. COCHRAN:

OBJECTION. THIS CALLS FOR SPECULATION, YOUR HONOR.

128 THE COURT:

SUSTAINED.

129 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
130 MS. CLARK:

CAN WE CUT THE FEED FOR THE NEXT ONE, YOUR HONOR?

131 THE COURT:

YES.

132 MS. FAIRTLOUGH:

THIS IS P-55, YOUR HONOR.

133 Q:

BY MS. CLARK: ALL RIGHT. WHO IS THAT PERSON POINTING TO THE GLOVE AND THE CAP UNDERNEATH THE BUSH?

134 A:

DETECTIVE FUHRMAN.

135 Q:

NOW, YOU I THINK TESTIFIED BEFORE THAT DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN RETURNED FROM ROCKINGHAM TOGETHER; IS THAT RIGHT?

136 A:

RIGHT.

137 Q:

AND IT WAS AT THAT POINT THAT YOU SAW DETECTIVE FUHRMAN GO AND POINT TO THE EVIDENCE FOR THE PHOTOGRAPHER?

138 A:

RIGHT.

139 Q:

AND THAT'S HIM WEARING THAT WHITE SHIRT AND THOSE BEIGE PANTS?

140 A:

YES, MA'AM.

141 Q:

AND WAS THAT SHORTLY --

142 MR. COCHRAN:

WHAT NUMBER IS THIS, YOUR HONOR?

143 THE COURT:

55.

144 MR. FAIRTLOUGH:

P-55.

145 MR. COCHRAN:

THANK YOU.

146 Q:

BY MS. CLARK: AND WAS THAT SHORTLY BEFORE YOU LEFT AND GOT OFF DUTY?

147 A:

YES.

148 Q:

AND YOU GOT OFF DUTY ABOUT 7:15?

149 A:

RIGHT.

150 Q:

OKAY. AND WAS IT -- DID YOU TESTIFY BEFORE THAT MARK -- THAT DETECTIVE FUHRMAN AND DETECTIVE RON PHILLIPS ARRIVED AT THE SCENE AT ABOUT 2:10 WAS IT IN THE MORNING?

151 A:

I BELIEVE SO. I DON'T RECALL WHAT TIME IT WAS.

152 Q:

WOULD IT REFRESH YOUR RECOLLECTION, SIR, IF I SHOWED YOU THE CRIME SCENE LOG?

153 A:

I DIDN'T FILL OUT THE LOG. I DIDN'T PUT THE TIME IN, BUT YES.

154 Q:

PARDON?

155 A:

I DIDN'T FILL OUT THE LOG OR PUT THE TIME IN, BUT, YES.

156 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
157 Q:

BY MS. CLARK: OKAY.

158 THE COURT:

ALL RIGHT. MISS CLARK, YOU'RE SHOWING THE OFFICER THE CRIME SCENE LOG, PERSONNEL LOG?

159 MS. CLARK:

YES, SIR.

160 Q:

BY MS. CLARK: I'M SHOWING YOU WHAT APPEARS TO BE THE CRIME SCENE LOG FOR 875 SOUTH BUNDY. DO YOU RECOGNIZE YOUR NAME AT THE VERY TOP?

161 A:

YES, I DO.

162 Q:

BECAUSE YOU WERE THE FIRST OFFICER THERE?

163 A:

YES. MY PARTNER AND I.

164 Q:

UH-HUH. AND DO YOU SEE THE ENTRY FOR DETECTIVE FUHRMAN AND PHILLIPS?

165 A:

YES.

166 Q:

DO YOU SEE THE TIME OF THEIR ARRIVAL STATED?

167 A:

YES, I DO.

168 Q:

AND IS THAT 2:10 IN THE MORNING?

169 A:

YES.

170 MR. COCHRAN:

OBJECTION. THE DOCUMENT SPEAKS FOR ITSELF.

171 Q:

BY MS. CLARK: DOES THAT REFRESH YOUR --

172 THE COURT:

EXCUSE ME. COUNSEL, THIS IS NOT THE APPROPRIATE WAY TO REFRESH SOMEBODY'S RECOLLECTION, IS IT?

173 MS. CLARK:

I'M SORRY.

174 THE COURT:

THEY'RE SUPPOSED TO READ IT TO THEMSELVES RATHER THAN TELL US WHAT'S THERE AND ASKED IF THAT REFRESHES THEIR RECOLLECTION.

175 Q:

BY MS. CLARK: CAN YOU READ THAT?

176 A:

YES, I CAN.

177 Q:

DOES THAT REFRESH YOUR RECOLLECTION?

178 A:

GENERALLY, YES. I DON'T RECALL EXACTLY WHAT TIME THEY GOT THERE.

179 Q:

DOES THAT APPEAR TO BE -- WHAT DO YOU THINK WAS THE TIME OF THEIR ARRIVAL, SIR?

180 MR. COCHRAN:

YOUR HONOR, HE'S ANSWERED THAT.

181 THE COURT:

OVERRULED.

182 OFF. ROBERT RISKE:

I BELIEVE IT WAS RIGHT AROUND 2:00, 2:15.

183 Q:

BY MS. CLARK: OKAY. NOW, BY THAT TIME, THE CRIME SCENE, HAD IT BEEN SECURED?

184 A:

YES.

185 Q:

FOR ALMOST TWO HOURS?

186 A:

ACTUALLY ABOUT MAYBE AN HOUR AND HOUR AND 30 MINUTES, HOUR AND 20 MINUTES.

187 Q:

YOU GOT THERE AT?

188 A:

12:13.

189 Q:

12:13? AND HOW LONG AFTER GETTING THERE DID YOU SECURE THE CRIME SCENE?

190 A:

IT WAS SECURED WHEN WE STARTED TO SEARCH, WHICH WAS 12:30, 12:40.

191 Q:

OKAY. SO BETWEEN 12:30 AND 12:40?

192 A:

RIGHT.

193 Q:

SO BY THE TIME DETECTIVES PHILLIPS AND FUHRMAN GOT THERE, THE CRIME SCENE HAD BEEN SECURED FOR HOUR AND 30, HOUR AND 40 MINUTES?

194 A:

RIGHT.

195 Q:

AND BY THAT TIME, HAD YOU AND OFFICER TERRAZAS SEEN THE CRIME SCENE?

196 A:

YES.

197 Q:

AND SERGEANT ROSSI, HAD HE SEEN THE CRIME SCENE AS WELL?

198 A:

RIGHT.

199 Q:

AND SERGEANT COON AND OFFICER WALLY, HAD THEY BEEN AT THE CRIME SCENE ALSO?

200 A:

YES.

201 Q:

AND THAT ALL HAPPENED BEFORE DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN GOT THERE?

202 A:

YES, IT DID.

203 Q:

AND BY THE WAY, SERGEANT COON, IS HE RELATED IN ANY WAY TO THE OFFICER THAT TESTIFIED IN THE RODNEY KING CASE?

204 A:

NO.

205 MR. COCHRAN:

OBJECTION. ASKED AND ANSWERED.

206 THE COURT:

SUSTAINED THREE TIMES.

KEY QUOTE
207 MR. COCHRAN:

THREE TIMES.

208 THE COURT:

THREE TIMES YOU'VE ASKED THAT QUESTION.

209 MS. CLARK:

I'M SORRY. I DIDN'T REMEMBER, YOUR HONOR.

210 Q:

BY MS. CLARK: OFFICER RISKE, YOU WERE THE FIRST OFFICER ON THE SCENE, RIGHT?

211 A:

MY PARTNER AND I, YES.

212 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

213 THE COURT:

OVERRULED.

214 Q:

BY MS. CLARK: HOW MANY GLOVES DID YOU SEE AT BUNDY?

215 A:

ONE.

216 MS. CLARK:

THANK YOU.

217 THE COURT:

MR. COCHRAN, ANY RECROSS?

218 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

219

RECROSS-EXAMINATION

220

BY MR. COCHRAN:

221 Q:

OFFICER RISKE, A FEW QUESTIONS IF WE MIGHT.

222 MR. COCHRAN:

IF I MIGHT APPROACH, YOUR HONOR.

223 THE COURT:

CERTAINLY.

224 Q:

BY MR. COCHRAN: THE -- THIS PHOTOGRAPH HERE ON EXHIBIT NUMBER -- THIS IS 56-J. DO YOU SEE THIS PHOTOGRAPH HERE WHERE THE -- THIS IS MR. GOLDMAN'S FOOT, SHOE?

225 A:

YES.

226 Q:

DOES THAT APPEAR TO BE RED?

227 A:

IT'S ORANGE OR RED.

228 Q:

ORANGE OR RED. AND IT'S ALMOST TOUCHING THE GLOVE, ISN'T IT, ON THAT PHOTOGRAPH?

229 A:

RIGHT.

230 Q:

AND THIS WAS OBVIOUSLY BEFORE THE BODY WAS MOVED, RIGHT?

231 A:

YES.

232 MR. COCHRAN:

AND THIS IS 56-J, YOUR HONOR.

233 OFF. ROBERT RISKE:

G.

234 MS. CLARK:

G.

235 Q:

BY MR. COCHRAN: G. I AM SORRY. 56-G. AND WHILE WE'RE UP HERE, 56-G, THE GLOVE THAT YOU ARE ABLE TO SEE AND THIS WATCH CAP WERE UNDER THIS KIND OF -- THIS PLANT BASICALLY; IS THAT CORRECT?

236 A:

RIGHT.

237 Q:

THE WATCH CAP BEING MORE UNDER THE PLANT THAN THE GLOVE; IS THAT CORRECT?

238 A:

YES.

239 Q:

ALL RIGHT. AND SO WE SEE THAT.

240 MR. COCHRAN:

NOW, I WANT TO BORROW ONE OF THE PEOPLE'S EXHIBITS, YOUR HONOR. MAY WE SEE NUMBER 55, JONATHAN?

241 THE COURT:

PEOPLE'S 55?

242 MR. COCHRAN:

ACTUALLY IT'S 55 OR -- 55?

243 MR. FAIRTLOUGH:

YES.

244 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
245 THE COURT:

55 IS DETECTIVE FUHRMAN POINTING AT THE HAT AND GLOVE.

246 MR. COCHRAN:

OKAY. WE'LL START WITH 55, YOUR HONOR.

247 Q:

BY MR. COCHRAN: ALL RIGHT. NOW, IN THIS PHOTOGRAPH HERE -- CAN YOU SEE THAT?

248 A:

YES, I CAN.

249 Q:

AND DETECTIVE FUHRMAN, WHO WE'VE NOW IDENTIFIED, IS POINTING UNDER THAT SAME PLANT THAT WAS ON 56 --

250 THE COURT:

G?

251 MR. COCHRAN:

56-G, YOUR HONOR.

252 Q:

BY MR. COCHRAN: IS THAT CORRECT?

253 A:

YES, SIR.

254 Q:

AND IN THAT PHOTOGRAPH, HE'S POINTING WHERE THE WATCH CAP IS AND WHERE THE GLOVE SUPPOSEDLY IS; IS THAT CORRECT?

255 A:

YES.

256 Q:

OKAY. LET'S GO NOW TO 55. 59 RATHER, PEOPLE'S 59. NOW --

257 MR. COCHRAN:

IS THAT 59?

258 MR. FAIRTLOUGH:

YES.

259 Q:

BY MR. COCHRAN: IN 59, DOES IT LOOK TO YOU LIKE THE TENNIS SHOE IS IN A DIFFERENT POSITION THAN IT WAS IN THE ONE WE JUST FINISHED LOOKING AT, 55?

260 A:

IT'S HARD TO TELL FROM THAT ANGLE.

261 Q:

YOU CAN'T TELL?

262 A:

NO.

263 Q:

WELL, LET'S LOOK AT 59-A.

264 MR. COCHRAN:

I DON'T THINK THAT WAS 59. THIS IS -- WHAT IS THIS?

265 MR. FAIRTLOUGH:

THIS IS PEOPLE'S 59.

266 MR. COCHRAN:

THIS IS 59?

267 Q:

BY MR. COCHRAN: ALL RIGHT. LOOK AT THOSE TENNIS SHOES ON 59. NOW, I WANT YOU TO LOOK CLOSELY AT 59. DO YOU SEE THOSE WHITE TENNIS SHOES THERE?

268 A:

I SEE ONE TENNIS SHOE AND THE TOP OF ANOTHER ONE.

KEY QUOTE
269 Q:

ALL RIGHT. DOES IT APPEAR TO BE WHITE TO YOU?

270 A:

FROM THIS DISTANCE, YES.

271 Q:

WELL, YOU SAW IT THAT NIGHT. APPEARED TO BE WHITE TO YOU, THE TENNIS SHOE?

272 A:

WELL, WITH THE ORANGE ON IT, I MEAN THE RED OR ORANGE COLOR.

273 Q:

I WANT YOU TO LOOK AT THIS ONE HERE. DO YOU SEE -- DOES THIS APPEAR TO BE WHITE TO YOU?

274 A:

YES.

275 Q:

OKAY. AND DOES THAT -- THAT'S THE RIGHT TENNIS SHOE YOU'RE SEEING THERE?

276 A:

I BELIEVE SO.

277 Q:

AND THAT APPEARS TO BE WHITE, DOESN'T IT?

278 A:

YES.

279 Q:

OKAY.

280 MR. COCHRAN:

NOW, IS THERE A 59-A, JONATHAN?

281 MR. FAIRTLOUGH:

YES. WE PRINTED THAT.

282 MR. COCHRAN:

WANT TO PUT THAT BACK UP THERE?

283 Q:

BY MR. COCHRAN: I WANT YOU TO TAKE A LOOK AT 59-A.

284 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
285 MR. COCHRAN:

NOW, THIS, YOUR HONOR, IS 59-A.

286 Q:

BY MR. COCHRAN: DO YOU SEE 59-A?

287 A:

YES.

288 Q:

DO YOU SEE THAT WHITE TENNIS SHOE ON THAT?

289 A:

YES, SIR.

290 Q:

SEE THE DISTANCE BETWEEN THAT TENNIS SHOE AND THAT ENVELOPE?

291 A:

YES.

292 Q:

IN THIS PHOTOGRAPH, 59-A, DO YOU SEE ANY -- ANY ONE OF THE TENNIS SHOES BY A GLOVE IN THIS PHOTOGRAPH?

293 MS. CLARK:

OBJECTION, YOUR HONOR. IT'S A DIFFERENT PERSPECTIVE. YOU CAN'T SEE ANYTHING IN THIS.

294 MR. COCHRAN:

I'M ASKING HIM, YOUR HONOR, NOT HER.

295 OFF. ROBERT RISKE:

I SEE ONE OF THE TENNIS SHOES UNDERNEATH THE PLANT.

296 Q:

BY MR. COCHRAN: AND WHERE IS THAT?

297 A:

IT'S TO THE LEFT OF THE PHOTOGRAPH OR TO THE RIGHT OF THE PHOTOGRAPH IN THE MIDDLE.

298 Q:

ALL RIGHT. AND DO YOU SEE -- AND DOES IT APPEAR TO BE WHITE, THE PART YOU CAN SEE?

299 A:

YES.

300 Q:

IT DOESN'T APPEAR TO BE ORANGE AT THAT POINT, DOES IT?

301 A:

NO.

302 Q:

AND AGAIN, IF WE WERE TO COMPARE THAT PHOTOGRAPH THAT YOU'RE LOOKING AT THERE NOW ON THE MONITOR WITH 56-J?

303 THE COURT:

IS IT G OR J?

304 MR. COCHRAN:

56-G. I KEEP CALLING IT J. IT'S 56-G.

305 Q:

BY MR. COCHRAN: IN 56-G, THE TENNIS SHOE APPEARS TO BE ALMOST TOUCHING THE GLOVE; IS THAT CORRECT?

306 A:

THAT'S CORRECT.

307 Q:

NOW, BASED UPON MISS CLARK'S QUESTIONING, SIR, YOU -- WHEN YOU LEFT THE SCENE, YOU'VE ALREADY DESCRIBED FOR US THAT THE BODY -- THE BODIES HAD NOT BEEN MOVED; IS THAT CORRECT?

308 A:

RIGHT.

309 Q:

IN FACT, YOU CAN'T EVEN TELL US WHETHER OR NOT THE CORONER HAD BEEN CALLED, COULD YOU?

310 A:

NO.

311 MS. CLARK:

OBJECTION. THAT'S IRRELEVANT, WHETHER HE KNEW WHETHER THE CORONER'S BEEN CALLED.

312 MR. COCHRAN:

IT BECOMES VERY RELEVANT.

313 THE COURT:

OVERRULED. THE ANSWER WILL STAND.

314 Q:

BY MR. COCHRAN: OKAY. YOU KNOW FROM YOUR EXPERIENCE THAT THERE'S AN OBLIGATION TO CALL THE CORONER AS SOON AS YOU ARRIVE AT THE SCENE WHEN THEY HAVE DEAD BODIES. YOU KNOW THAT, DON'T YOU?

315 MS. CLARK:

OBJECTION. THIS IS NOT THE RIGHT WITNESS FOR THAT QUESTION.

316 THE COURT:

SUSTAINED. IT'S NOT RELEVANT TO THIS WITNESS.

317 MR. COCHRAN:

ALL RIGHT. VERY WELL, YOUR HONOR.

318 Q:

BY MR. COCHRAN: AT ANY RATE, THE BODIES WERE STILL THERE WHEN YOU LEFT; IS THAT RIGHT?

319 A:

YES, SIR.

320 Q:

AND WITH REGARD TO YOUR PREVIOUS EXPERIENCE, YOU TOLD US THAT IN OTHER CRIME SCENES WHERE EVIDENCE -- WHERE A BODY IS GOING TO BE MOVED, YOU'VE HAD SITUATIONS WHERE THE EVIDENCE HAS BEEN PICKED UP, THE BODIES REMOVED, THE EVIDENCE WAS PUT RIGHT BACK OR MARKED WHERE IT WAS BEFORE; ISN'T THAT CORRECT?

321 A:

RIGHT.

322 Q:

YOU KNOW IT'S IMPORTANT, IS IT NOT, TO GET THE EVIDENCE RIGHT WHERE IT WAS AND NOT BE MOVED ALL AROUND THE SCENE; ISN'T THAT CORRECT?

323 A:

AS CLOSE --

324 MS. CLARK:

OBJECTION. ASKED AND ANSWERED.

325 THE COURT:

OVERRULED.

326 OFF. ROBERT RISKE:

AS CLOSE AS WHERE IT WAS AS YOU CAN.

327 Q:

BY MR. COCHRAN: THAT'S RIGHT. YOU WOULDN'T WANT TO MOVE THE EVIDENCE; IS THAT CORRECT?

328 A:

RIGHT.

329 Q:

AND IN LOOKING AT THESE SO-CALLED STRIATION MARKS, DOES IT APPEAR TO YOU THAT MR. GOLDMAN'S BODY WAS DRAGGED ACROSS THAT ENVELOPE? DID YOU NOTICE ON SOME OF THOSE PICTURES THERE'S MORE DIRT ON THE ENVELOPE THAN THERE WERE BEFORE THE BODY WAS MOVED?

330 MS. CLARK:

OBJECTION. COUNSEL IS TESTIFYING. ASSUMES FACTS NOT IN EVIDENCE.

331 MR. COCHRAN:

I'M ASKING HIM.

332 THE COURT:

SUSTAINED.

333 Q:

BY MR. COCHRAN: ALL RIGHT. LET ME ASK THIS QUESTION.

334 THE COURT:

REPHRASE THE QUESTION.

335 MR. COCHRAN:

THANK YOU, YOUR HONOR.

336 Q:

BY MR. COCHRAN: DID YOU LOOK AT THE ENVELOPES THAT -- THE ENVELOPE THAT WAS ON THAT -- ON THE PICTURE -- LET'S JUST GO UP AND JUST PICK A SPECIFIC ONE. THIS IS 56-J. NOW, YOU SEE 56-J HERE?

337 A:

YES, SIR.

338 Q:

AND THIS IS A PHOTOGRAPH WHERE THE ENVELOPE HAS OBVIOUSLY BEEN MOVED; IS THAT CORRECT?

339 A:

YES, SIR.

340 Q:

NOW, WITH REGARD TO 56-J --

341 MR. COCHRAN:

YOUR HONOR, LET ME GET ANOTHER PHOTOGRAPH IF I CAN.

342 Q:

BY MR. COCHRAN: NOW, YOU LOOKED AT 56-J, RIGHT?

343 A:

YES, SIR.

344 Q:

AND I WANT YOU TO LOOK NOW AT THE MONITOR AGAIN. DOES IT APPEAR TO YOU THERE'S MORE DIRT AND DEBRIS ON THAT ENVELOPE AT THE TIME YOU WERE THERE AND PRIOR TO IT BEING MOVED, MR. GOLDMAN'S BODY BEING MOVED?

345 A:

IT'S NOT REALLY A CLEAR PICTURE OF THE ENVELOPE.

346 Q:

WELL, LOOK AT THE ENVELOPE, SEE IF YOU CAN TELL.

347 MS. CLARK:

OBJECTION, YOUR HONOR. THE WITNESS HAS SAID IT'S NOT A CLEAR ENOUGH PICTURE.

348 THE COURT:

HE'S ASKED THE WITNESS TO LOOK AT IT MORE CAREFULLY.

349 Q:

BY MR. COCHRAN: LOOK AT IT MORE CAREFULLY AND SEE IF YOU SEE THE SAME DIRT THAT YOU SEE ON 56-J THAT YOU SEE ON --

350 MR. COCHRAN:

WHAT'S THE ONE UP THERE NOW, YOUR HONOR?

351 THE COURT:

THIS IS I THINK --

352 MR. FAIRTLOUGH:

59-A.

353 THE COURT:

59.

354 MR. COCHRAN:

59-A.

355 THE COURT:

MR. HARRIS, CAN WE FOCUS THAT A LITTLE BETTER?

356 MR. HARRIS:

IT'S THE COPY OF THE PICTURE. IT'S THE PRINT.

357 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
358 MR. COCHRAN:

THIS IS 59?

359 MR. FAIRTLOUGH:

YES.

360 THE COURT:

I'M SORRY. CAN WE GET A COVER OVER THAT BECAUSE I'M GETTING LIGHT REFLECTION.

361 Q:

BY MR. COCHRAN: CAN YOU TELL FROM LOOKING AT 59 AND COMPARE THAT TO 56-H, THAT 59 SEEMS TO HAVE LESS DEBRIS ON IT THAN 56-J?

362 A:

IT REALLY LOOKS ABOUT THE SAME TO ME, SIR.

363 Q:

IT LOOKS ABOUT THE SAME TO YOU. DOES IT LOOK TO YOU FROM THOSE STRIATIONS THAT YOU WERE TALKING ABOUT THAT MR. GOLDMAN'S BODY WAS DRAGGED ACROSS THESE PARTICULAR EXHIBITS AND THE EXHIBITS WERE NOT MOVED BEFORE HIS BODY WAS DRAGGED ACROSS THE --

364 MS. CLARK:

OBJECTION, YOUR HONOR.

365 OFF. ROBERT RISKE:

I CAN'T TELL FROM THOSE STRIATIONS.

366 Q:

BY MR. COCHRAN: WELL, ARE YOU -- STRIKE THAT. IN MISS CLARK'S QUESTIONING, WAS SHE SEEKING TO INFER THROUGH YOUR TESTIMONY THESE ITEMS HAVE BEEN MOVED BY THE CORONER?

367 A:

I DON'T KNOW WHAT SHE WAS TRYING TO INFER.

368 Q:

YOU DON'T KNOW WHAT SHE WAS INFERRING? ALL RIGHT. LET'S GO BACK TO BASICS.

369 THE COURT:

PLEASE.

370 Q:

BY MR. COCHRAN: THE EVIDENCE AS I DESCRIBED FOR YOU LAST WEEK AND TODAY WAS IN FACT MOVED FROM WHERE YOU HAD SEEN IT; IS THAT CORRECT?

371 A:

YES, SIR.

372 Q:

AND BASED UPON YOUR TRAINING, EVIDENCE SHOULD NOT BE MOVED BY ANYONE AT THE CRIME SCENE; ISN'T THAT CORRECT?

373 A:

UNLESS IT'S NECESSARY, RIGHT.

374 Q:

UNLESS IT'S NECESSARY?

375 A:

RIGHT.

376 Q:

CAN YOU THINK OF ANY REASONS WHY IT WOULD BE NECESSARY TO MOVE SOMEBODY'S EVIDENCE?

377 A:

WELL, IF YOU TAKE PHOTOS BEFORE AND YOU HAVE TO GET THE BODIES OUT AND THEN PUT IT BACK AND TAKE THE PHOTOS AGAIN.

378 Q:

SO YOU DESCRIBED FOR US UNDER THE PROCEDURE YOU UNDERSTOOD, YOU WOULD THEN PUT IT RIGHT BACK WHERE IT WAS; ISN'T THAT CORRECT?

379 A:

WELL, AS CLOSE AS YOU CAN.

380 MS. CLARK:

OBJECTION. MISSTATES THE TESTIMONY.

381 THE COURT:

OVERRULED.

382 Q:

BY MR. COCHRAN: WOULDN'T YOU TRY TO PUT THE EVIDENCE -- WOULD YOU INTENTIONALLY PUT EVIDENCE IN A DIFFERENT LOCATION THAN IT HAD BEEN, OFFICER?

383 A:

NO.

384 Q:

YOU WOULDN'T DO THAT, WOULD YOU?

385 A:

NO.

386 Q:

ISN'T IT IMPORTANT FOR A JURY OR A TRIER OF FACT TO HAVE THE EVIDENCE EXACTLY THE WAY IT WAS?

387 MS. CLARK:

ASKED AND ANSWERED. ARGUMENTATIVE.

388 THE COURT:

SUSTAINED.

389 Q:

BY MR. COCHRAN: ONE OF THE REASONS THAT YOU PUT UP THE TAPE IS SO THE EVIDENCE WILL NOT BE INTERFERED WITH AND THE INTEGRITY OF THE EVIDENCE IS PRESERVED; ISN'T THAT CORRECT?

390 A:

THAT'S CORRECT.

391 Q:

THAT'S THE WHOLE REASON FOR TRYING TO PRESERVE THE SCENE, ISN'T IT, SIR?

392 A:

THAT'S CORRECT.

393 Q:

OKAY. NOW, WITH REGARD TO THE SCENE, YOU WERE SHOWN THESE PICTURES. YOU WERE SHOWN D-1000 AND 11.

394 MR. COCHRAN:

ASK YOU TO PUT THAT UP.

395 Q:

BY MR. COCHRAN: AND WE'VE ASKED YOU EARLIER, YOU COULD NOT RECOGNIZE THIS PARTICULAR OFFICER; IS THAT CORRECT?

396 A:

NO.

397 Q:

BUT YOU HAVE NO DOUBT THIS IS AN LAPD OFFICER?

398 A:

I WOULD ASSUME FROM HIS UNIFORM HE IS.

399 Q:

SIMILAR TO YOUR UNIFORM, RIGHT? RIGHT?

400 A:

RIGHT.

401 Q:

ALL RIGHT. AND IN THIS PARTICULAR PHOTOGRAPH, WE DON'T HAVE THE BENEFIT OF SEEING WHETHER THE YELLOW MARKS ARE STILL UP, DO WE?

402 A:

NO.

403 Q:

THE YELLOW TAPE. BUT THIS OFFICER IS WALKING RIGHT UP THAT WALKWAY; ISN'T THAT CORRECT?

404 A:

THAT'S CORRECT.

405 Q:

AND WHETHER THIS PHOTOGRAPH WAS TAKEN BY AMERICAN JOURNAL, HARD COPY OR 60 MINUTES, IT'S STILL A PHOTOGRAPH OF THAT SCENE, THE CRIME SCENE AT BUNDY WALKING UP THAT WALKWAY WHERE YOU FOUND THESE BODIES, RIGHT?

406 A:

IT'S A PICTURE OF THE SCENE. I DON'T KNOW IF IT'S A PICTURE OF THE CRIME SCENE.

407 Q:

WELL, IS THAT BUNDY?

408 A:

YES.

409 Q:

ALL RIGHT. IS THAT PART OF THE CRIME SCENE?

410 A:

IF THE CRIME SCENE WAS STILL IN EFFECT AT THAT TIME.

411 Q:

ALL RIGHT. WELL, THERE'S STILL A POLICE OFFICER THERE; IS THAT CORRECT?

412 A:

RIGHT.

413 Q:

AND POLICE STAYED AROUND THERE FOR A WHILE THAT DAY; IS THAT CORRECT?

414 A:

RIGHT.

415 Q:

YOU HAD LEFT AT 7:15 AND YOU NEVER CAME BACK, DID YOU, ON THAT DAY?

416 A:

NOT WHEN IT WAS STILL A CRIME SCENE, NO.

417 Q:

RIGHT. AND BY THE TIME -- AND AT SOME POINT WHEN YOU CAME BACK, THAT SCENE HAD BEEN WASHED DOWN, ALL THE BLOOD HAD BEEN WASHED AWAY; ISN'T THAT CORRECT?

418 A:

RIGHT.

419 Q:

YOU CAN TELL FROM THIS PICTURE, D-1001, THAT THE BLOOD HAD NOT BEEN WASHED AWAY YET; ISN'T THAT CORRECT?

420 A:

RIGHT.

421 Q:

NOW, YOU DESCRIBED FOR US HOW IT WOULD BE GOOD TO TRY AND PRESERVE THE EVIDENCE AND VARIOUS THINGS BECAUSE AS THE FIRST OFFICER ON THE SCENE, YOU JUST WANT TO KIND OF PRESERVE THINGS UNTIL THE DETECTIVES WHO WERE BASICALLY MORE EXPERIENCED ARRIVED; IS THAT CORRECT?

422 A:

THAT'S CORRECT.

423 Q:

AND WOULDN'T IT BE HELPFUL THOUGH IF WITH REGARD TO THIS MELTING ICE CREAM IF YOU HAD A PICTURE OF THAT ICE CREAM, THE CONDITION IT WAS IN WHEN YOU WERE THERE?

424 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

425 MR. COCHRAN:

NO. SHE ASKED --

426 THE COURT:

WE'VE GONE OVER THIS.

427 MR. COCHRAN:

WELL, SHE ASKED IT - I DON'T WANT TO ARGUE -- ASK LEAVE -- I KNOW, BUT NOT THIS QUESTION, YOUR HONOR. I WOULD ASK LEAVE TO ASK THIS QUESTION.

428 MS. CLARK:

WELL, OBJECTION, YOUR HONOR.

429 MR. COCHRAN:

ASK LEAVE, YOUR HONOR. SHE ASKED A QUESTION WITH REGARD TO THIS AND I THINK I SHOULD BE PERMITTED TO --

430 MS. CLARK:

CALLS FOR SPECULATION.

431 THE COURT:

YEAH. BUT I THINK I STOPPED BOTH OF YOU BECAUSE WE'VE GONE THROUGH -- WE KNOW THERE ARE NO PHOTOGRAPHS, CORRECT?

432 OFF. ROBERT RISKE:

I DON'T KNOW.

433 THE COURT:

YOU DIDN'T SEE ANY PHOTOGRAPHS TAKEN. NEXT QUESTION.

434 MR. COCHRAN:

ALL RIGHT.

435 Q:

BY MR. COCHRAN: YOU WERE ASKED THE CONDITION OF THE ICE CREAM BY MISS CLARK, ABOUT THE MASS AND WAS MELTING ON THE SIDES. REMEMBER THOSE QUESTIONS?

436 A:

RIGHT.

437 Q:

WOULDN'T THE BEST EVIDENCE OF THE CONDITION OF THAT ICE CREAM BE A PHOTOGRAPH OF HOW IT APPEARED WHEN YOU SAW IT AT 12:35 A.M. ON JUNE 13TH, 1994?

438 MS. CLARK:

WELL, OBJECTION, YOUR HONOR. THAT CALLS FOR SPECULATION.

439 THE COURT:

SUSTAINED.

440 Q:

BY MR. COCHRAN: NOW, WITH REGARD TO YOUR GOING INSIDE THE PREMISES, SIR, AND USING THE PHONE, YOU -- SO THAT WE'RE CLEAR, YOU COULD HAVE IN FACT CALLED YOUR SUPERIOR SERGEANT ROSSI ON YOUR ROVER, RIGHT?

441 A:

SURE.

442 Q:

SOME OF THE OFFICERS AT THE SCENE ALSO HAD CELLULAR TELEPHONES; DID THEY NOT?

443 A:

NOT TILL LATER, NO.

444 Q:

AT SOME POINT, THEY DID, BUT YOU DON'T KNOW THEY HAD THEM AT THAT POINT?

445 A:

I FOUND OUT LATER DETECTIVE OR SERGEANT COON HAD ONE AND THEN DETECTIVES, WHEN THEY SHOWED UP, HAD ONE.

446 Q:

DETECTIVE PHILLIPS HAD ONE ALSO, RIGHT?

447 A:

RIGHT.

448 Q:

SO THAT YOU WOULDN'T ALERT THE PRESS, YOU WENT INSIDE AND YOU USED MISS NICOLE BROWN SIMPSON'S PHONE; IS THAT CORRECT?

449 A:

NOT JUST FOR THAT REASON, NO.

450 Q:

I MEAN BUT YOU USED THAT PHONE?

451 A:

RIGHT.

452 Q:

AND YOU DIDN'T HAVE ANY GLOVES ON WHEN YOU USED THE PHONE, DID YOU?

453 A:

NO.

454 Q:

AND WITH REGARD TO PRINTS ON THAT PHONE, YOU USED YOUR OWN -- YOU USED YOUR PRINTS ON THAT PHONE, RIGHT? WERE YOU SEEKING TO PRESERVE PRINTS WHEN YOU DIALED THE PHONE?

455 A:

I REALLY WASN'T EVEN THINKING ABOUT PRINTS WHEN I PICKED UP THE PHONE.

KEY QUOTE
456 Q:

YOU WEREN'T THINKING ABOUT IT AT THE TIME, RIGHT? OKAY. AND WITH REGARD TO THE REDIAL BUTTON IF ANY ON THAT PHONE --

457 MS. CLARK:

OBJECTION, YOUR HONOR. THIS WITNESS ALREADY TESTIFIED HE DOESN'T KNOW --

458 THE COURT:

SUSTAINED.

459 Q:

BY MR. COCHRAN: WITH REGARD TO THE STAR 69 FEATURE ON THAT PHONE IF ANY --

460 MS. CLARK:

OBJECTION, YOUR HONOR.

461 THE COURT:

SUSTAINED.

462 Q:

BY MR. COCHRAN: DID YOU SEE ON THAT PHONE AN AUTOMATIC DIALER TO THE LEFT OF THE PHONE THAT HAD DAD AND OTHER NUMBERS RIGHT TO THE LEFT OF THAT PHONE AS YOU SAT THERE AND STARTED TO DIAL?

463 MS. CLARK:

OBJECTION. IRRELEVANT.

464 OFF. ROBERT RISKE:

I DON'T THINK SO.

465 MR. COCHRAN:

IT'S VERY RELEVANT.

466 THE COURT:

OVERRULED.

467 OFF. ROBERT RISKE:

I DON'T RECALL.

468 Q:

BY MR. COCHRAN: YOU DON'T RECALL SEEING AN AUTOMATIC DIALER?

469 A:

NO. I REALLY DON'T RECALL.

470 Q:

YOU DON'T RECALL? DID YOU EVER SEE ANY PICTURES TAKEN OF THE PHONE?

471 A:

NO.

472 Q:

NEVER?

473 A:

NO.

474 Q:

NOW, WITH REGARD TO THE MEDIA AND THEIR ABILITY TO PLUG INTO THE FREQUENCY, DON'T YOU HAVE DIFFERENT FREQUENCIES WITH THE POLICE DEPARTMENT THAT YOU COULD USE A DIFFERENT FREQUENCY WHERE THEY COULDN'T MONITOR IT?

475 A:

WE HAVE TAC CHANNELS, BUT --

476 Q:

COULDN'T YOU HAVE USED THAT TO CONTACT THE --

477 A:

I DON'T KNOW IF THEY WOULD BE MONITORED OR NOT. I DON'T KNOW IF A TAC CHANNEL WOULD BE MONITORED OR NOT.

478 Q:

WELL, THE TAC CHANNEL --

479 A:

RIGHT.

480 Q:

IS THAT WHAT YOU CALL IT, THE TAC CHANNEL?

481 A:

RIGHT.

482 Q:

AND YOU DIDN'T USE THE TAC CHANNEL THOUGH?

483 A:

NO, I DIDN'T.

484 Q:

MISS CLARK SHOWED YOU A LOG INVOLVING DETECTIVES FUHRMAN AND PHILLIPS. DO YOU RECALL THAT?

485 A:

YES.

486 Q:

AND IN LOOKING AT THAT LOG, WERE YOU EVER ABLE TO SEE WHETHER OR NOT THEY LOGGED OUT TO GO OVER TO ROCKINGHAM?

487 A:

I DIDN'T LOOK AT THE ENTIRE LOG. I DON'T KNOW.

488 Q:

LET ME ASK --

489 MR. COCHRAN:

MAY I GET THIS, YOUR HONOR?

490 THE COURT:

MR. COCHRAN, WHY DON'T WE SAVE THAT FOR THE OFFICER WHO WAS MAINTAINING THE LOG.

491 MR. COCHRAN:

OKAY, YOUR HONOR. I'LL DO THAT, YOUR HONOR. THANK YOU VERY KINDLY. MAY I JUST HAVE A SECOND?

492 THE COURT:

SURE.

493 (BRIEF PAUSE.)
494 MR. COCHRAN:

I WOULD LIKE TO ASK THIS OFFICER ONE OTHER QUESTION REGARDING THAT.

495 THE COURT:

CERTAINLY.

496 Q:

BY MR. COCHRAN: WITH REGARD TO THE LOG AT THE SCENE, WHEN YOU LEAVE THE SCENE, IS IT INCUMBENT UPON THE OFFICER TO GO TO THE PERSON KEEPING THE LOG AND SAY, "I'M LEAVING. CHECK ME OUT, WHEN I COME BACK, LOG ME BACK IN"?

497 A:

YES.

498 Q:

THAT'S THE OFFICER'S RESPONSIBILITY, RIGHT? RIGHT?

499 A:

YES.

500 Q:

ALL RIGHT. IN SPEAKING ABOUT THE INTEGRITY OF THE EVIDENCE, OFFICER RISKE, WOULD YOU AGREE THAT IF A BODY WAS DRAGGED OVER KEY ITEMS OF EVIDENCE IN THIS CASE, THERE WOULD BE A GREATER CHANCE FOR CONTAMINATION OF THAT EVIDENCE THAN IF THE EVIDENCE HAD BEEN LIFTED UP OR MOVED?

501 MS. CLARK:

OBJECTION, YOUR HONOR. CALLS FOR SPECULATION.

502 THE COURT:

SUSTAINED. WITH THIS WITNESS, COUNSEL. YOU CAN ASK THAT QUESTION OF THE INVESTIGATING OFFICER, THE DETECTIVE AT THE SCENE.

503 MR. COCHRAN:

OKAY, YOUR HONOR. I'LL WAIT AND I'LL DO THAT.

504 Q:

BY MR. COCHRAN: BY THE WAY, OFFICER RISKE, YOU WERE ASKED SOME QUESTIONS ABOUT FOOTPRINTS IN THE AREA WHERE THAT PICTURE -- WHERE DETECTIVE FUHRMAN HAD HIS FOOT AND WAS POINTING TOWARD THE SO-CALLED EVIDENCE.

505 A:

RIGHT.

506 Q:

HAVE YOU EVER SEEN A SITUATION WHERE PLASTER OF PARIS CASTS ARE USED TO DETERMINE FOOTPRINTS? HAVE YOU EVER SEEN THAT?

507 A:

NO, I HAVEN'T.

508 Q:

IN YOUR EXPERIENCE, YOUR FOUR YEARS, YOU HAVEN'T SEEN THAT YET?

509 A:

NO.

510 Q:

AND SO THAT WE'RE CLEAR, AS THE FIRST OFFICER ON THE SCENE, OFFICER RISKE, YOU WERE THERE TO MAKE OBSERVATIONS AND BASICALLY TRY TO PRESERVE THE SCENE UNTIL THE DETECTIVES --

511 MS. CLARK:

YOUR HONOR, CAN WE GET THE PHOTOGRAPH TAKEN DOWN?

512 MR. COCHRAN:

YES.

513 THE COURT:

YES.

514 Q:

BY MR. COCHRAN: -- PRESERVE THE SCENE UNTIL THE INVESTIGATORS ARRIVED; IS THAT RIGHT?

515 A:

RIGHT.

516 Q:

HAVE YOU IN YOUR EXPERIENCE SEEN OR BEEN TRAINED THAT THE BEST EVIDENCE OF PRESERVING EVIDENCE AT THE SCENE IS THE USE OF A VIDEOTAPE THAT WOULD COVER, SHOW US EVERYTHING IN PERSPECTIVE? HAVE YOU BEEN SO INSTRUCTED?

517 MS. CLARK:

OBJECTION. CALLS FOR SPECULATION.

518 THE COURT:

OVERRULED. THE QUESTION IS HAS HE BEEN SO INSTRUCTED.

519 Q:

BY MR. COCHRAN: BEEN SO INSTRUCTED?

520 A:

NO.

521 Q:

THE CRIME SCENES WHICH YOU HAVE PARTICIPATED IN THE LAST FOUR YEARS, HAVE YOU SEEN THE LAPD USE THE VIDEOTAPE OR VIDEO CAMERA?

522 A:

NO, I HAVEN'T.

523 Q:

AT NO TIME?

524 A:

NO.

525 Q:

YOU NEVER WENT TO THE ROCKINGHAM SCENE ON THIS DATE, DID YOU, UNTIL LATE --

526 A:

NO, I DIDN'T.

527 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. NOTHING FURTHER.

528 THE COURT:

MISS CLARK.

529 MS. CLARK:

VERY BRIEFLY, YOUR HONOR.

530

THE COURT: AND I ASSUME WE HAVE OUR NEXT WITNESS ON HIS OR HER WAY. (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

531 MS. CLARK:

MARKED AS PEOPLE'S 57.

532 THE COURT:

PEOPLE'S 57.

FURTHER REDIRECT EXAMINATION

533

BY MS. CLARK:

534 Q:

OKAY. THIS PHOTOGRAPH, PEOPLE'S 57, YOU SEE THE LOGO, AMERICAN JOURNAL THE LOWER RIGHT-HAND CORNER?

535 A:

YES.

536 Q:

DO YOU SEE THE OFFICER AT THE SCENE AT THIS -- WALKING ON THIS WALKWAY, SIR?

537 A:

YES, I DO.

538 Q:

DOES IT APPEAR TO BE BROAD DAYLIGHT?

539 A:

YES, IT DOES.

540 Q:

AND THE FACT THAT AN OFFICER IS STILL AT THE SCENE, DOES THAT MEAN THAT THE CRIME SCENE IS STILL INTACT?

541 A:

NO.

542 Q:

HAVE OFFICERS -- IN YOUR EXPERIENCE, HAS IT OCCURRED THAT OFFICERS HAVE BEEN AT A SCENE WHERE THE CRIME SCENE TAPE IS TAKEN DOWN AND THE CRIME SCENE IS RELEASED?

543 A:

YES.

544 Q:

AND ESPECIALLY AT THAT PARTICULAR SCENE, I THINK YOU INDICATED EARLIER ON CROSS-EXAMINATION, SIR, THAT YOU WENT TO ROCKINGHAM TO ASSIST IN THE TRAFFIC CONTROL AT ROCKINGHAM?

545 A:

BUT THAT WAS AROUND MIDNIGHT.

546 Q:

AT ROCKINGHAM?

547 A:

RIGHT.

548 Q:

AT MIDNIGHT ON JUNE 13TH?

549 A:

RIGHT.

550 Q:

WHY WERE YOU STILL WORKING TRAFFIC CONTROL THERE AT MIDNIGHT?

551 MR. COCHRAN:

OBJECTION, YOUR HONOR. THIS IS IRRELEVANT AND IMMATERIAL.

552 THE COURT:

OVERRULED.

553 OFF. ROBERT RISKE:

BECAUSE THE NEWS MEDIA SET UP AROUND MR. SIMPSON'S HOUSE AND THE NEIGHBORS COMPLAINED ABOUT NOISE AND TRAFFIC CONGESTION.

554 Q:

BY MS. CLARK: AND SO -- WHAT ABOUT AT BUNDY? WAS THERE TRAFFIC CONTROL BEING COORDINATED AT BUNDY AS WELL?

555 A:

I BELIEVE BUNDY SHUT DOWN FOR A TIME.

556 Q:

THE WHOLE STREET SHUT DOWN?

557 A:

FROM DOROTHY TO GORHAM.

558 Q:

AND WAS THAT WHILE YOU WERE THERE?

559 A:

YES.

560 Q:

AND TO THE BEST OF YOUR KNOWLEDGE, WAS TRAFFIC CONTROL MAINTAINED THERE FOR SOME TIME AFTER THAT?

561 MR. COCHRAN:

CALLS FOR SPECULATION. HE LEFT AT 7:15, YOUR HONOR.

562 THE COURT:

SHE ASKED TO HIS KNOWLEDGE. IF HE KNOWS.

563 OFF. ROBERT RISKE:

WE OPENED IT UP BEFORE I LEFT.

564 Q:

BY MS. CLARK: OKAY. AND THEN WHAT ABOUT MEDIA CONTROL THOUGH AND CROWD CONTROL? WAS THAT STILL SOMETHING BEING DONE AT BUNDY?

565 A:

THERE WAS NO MEDIA OR CROWD WHEN I LEFT. I DON'T KNOW.

566 Q:

AT 7:15?

567 A:

RIGHT.

568 Q:

WERE YOU THERE LATER IN THE DAY?

569 A:

AGAIN, IT WOULD BE BETWEEN 11:15 AND MIDNIGHT.

570 Q:

AT BUNDY?

571 A:

RIGHT.

572 Q:

OKAY. AND WHAT DID YOU SEE AT BUNDY AT 11:15 OR MIDNIGHT ON JUNE 13TH?

573 A:

PEOPLE STANDING ON THE SIDEWALK TAKING PICTURES AND, YOU KNOW, FREE O.J. OR --

KEY QUOTE
574 Q:

SIGNS --

575 A:

-- ONLOOKERS.

576 Q:

UH-HUH. SO THERE WAS STILL PEOPLE CROWDING AROUND BUNDY AT MIDNIGHT ON JUNE THE 13TH?

577 A:

THAT'S CORRECT.

578 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR. HE ANSWERED THAT.

579 THE COURT:

OVERRULED.

580 Q:

BY MS. CLARK: YOU WERE SHOWN THE PHOTOGRAPHS OF DETECTIVE FUHRMAN POINTING TO EVIDENCE AND THEN OTHER PHOTOGRAPHS -- THEN YOU WERE SHOWN PHOTOGRAPH 56-G?

581 A:

CORRECT.

582 Q:

DID THOSE PHOTOGRAPHS, SIR, APPEAR TO BE TAKEN FROM DIFFERENT PERSPECTIVES?

583 A:

YES, THEY DID.

584 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION.

585 THE COURT:

OVERRULED.

586 Q:

BY MS. CLARK: NOW, MR. GOLDMAN IS SHOWN, PART OF HIM, IN PEOPLE 56-D. DOES THAT APPEAR TO BE BLOOD ON HIS JEANS?

587 A:

YES, IT DOES.

588 Q:

DID HE APPEAR TO BE FAIRLY BLOODY, SIR?

589 A:

YES.

590 Q:

AND WHAT ABOUT THE BOOT SHOWN IN PEOPLE'S 56-G? DO YOU SEE A PART OF THE BOOT IN THAT THAT IS STILL WHITE?

591 A:

YES, I DO.

592 Q:

AND THE RED PART, DOES THAT APPEAR TO BE BLOOD, SIR?

593 A:

APPEARS TO BE BLOOD AND DIRT.

594 Q:

DO YOU RECALL THE POSITION IN WHICH MR. GOLDMAN'S BODY WAS WEDGED AROUND THE STUMP AND UP AGAINST THE GATE?

595 MR. COCHRAN:

I OBJECT TO THE FORM OF THAT QUESTION.

596 THE COURT:

SUSTAINED. SUSTAINED. REPHRASE THE QUESTION.

597 MS. CLARK:

ALL RIGHT. CAN WE CUT THE FEED, YOUR HONOR?

598 THE COURT:

YES.

599 MS. CLARK:

PEOPLE'S 59, YOUR HONOR.

600 THE COURT:

ALL RIGHT.

601 Q:

BY MS. CLARK: YOU SEE THE POSITION THAT MR. GOLDMAN IS SHOWN IN PEOPLE'S 59, SIR?

602 A:

YES, I DO.

603 Q:

IS THAT THE WAY YOU FOUND HIM, SIR?

604 A:

YES, IT IS.

605 Q:

HOW BIG DID HE APPEAR TO BE TO YOU?

606 A:

5/10, 5/11.

607 Q:

UH-HUH. ABOUT 180 POUNDS?

608 A:

POSSIBLY 190. I DON'T KNOW.

609 Q:

UH-HUH. HAVE YOU EVER TRIED TO LIFT -- AND YOU TESTIFIED THIS WAS A SMALL AREA WHERE YOU FOUND HIM, RIGHT?

610 A:

RIGHT.

611 Q:

HAVE YOU EVER TRIED TO LIFT A 180-POUND, 5/11 --

612 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION.

613 Q:

BY MS. CLARK: -- DEAD PERSON FROM A SMALL AREA LIKE THAT?

614 THE COURT:

OVERRULED. OVERRULED.

615 OFF. ROBERT RISKE:

NOT FROM A SMALL AREA LIKE THAT, BUT I HAVE LIFTED A 5/11 DEAD PERSON.

616 Q:

BY MS. CLARK: ABOUT 180, 190 POUNDS?

617 A:

I REALLY DON'T REMEMBER THE WEIGHT.

618 Q:

PRETTY HARD TO DO?

619 A:

YES.

620 Q:

ESPECIALLY IN A SMALL AREA LIKE THAT.

621 A:

RIGHT.

622 Q:

DO YOU KNOW THAT -- DID YOU KNOW THAT ONE OF THE CORONER'S INVESTIGATORS THAT REMOVED THE BODY WAS A WOMAN?

623 MR. COCHRAN:

OBJECTION. OBJECT TO THE FORM OF THE QUESTION.

624 THE COURT:

SUSTAINED.

625 MR. COCHRAN:

HE WASN'T EVEN THERE.

626 THE COURT:

SUSTAINED. DANGEROUS TERRITORY.

KEY QUOTE
627 MS. CLARK:

OKAY.

628 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
629 Q:

BY MS. CLARK: SIR, ARE YOU ACQUAINTED WITH A MAN BY THE NAME OF LIEUTENANT SPANGLER?

630 A:

YES.

631 Q:

DID YOU SEE HIM AT THE BUNDY SCENE THAT NIGHT?

632 A:

YES, I DID.

633 Q:

AND WHEN THE DETECTIVE -- BEFORE DETECTIVES LEFT TO GO TO ROCKINGHAM TO NOTIFY THE DEFENDANT, WAS LIEUTENANT SPANGLER AT THE SCENE?

634 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION.

635 THE COURT:

OVERRULED.

636 OFF. ROBERT RISKE:

WAS HE AT THE SCENE BEFORE THEY LEFT OR --

637 Q:

BY MS. CLARK: AT THE TIME THAT THEY LEFT, WAS LIEUTENANT SPANGLER AT THE SCENE IF YOU KNOW?

638 A:

I DIDN'T SEE HIM LEAVE. I DON'T KNOW. I SAW HIM BEFORE. THEY HAD TALKED ABOUT LEAVING. I DIDN'T SEE HIM LEAVE. I DON'T KNOW IF HE WAS STILL THERE OR NOT.

639 Q:

YOU DON'T KNOW IF LIEUTENANT SPANGLER WAS STILL THERE WHEN THE DETECTIVES LEFT OR NOT?

640 A:

NO, I DON'T.

641 Q:

BUT YOU DID SEE HIM AT THE SCENE BEFORE THEY LEFT?

642 A:

YES, I DID.

643 MS. CLARK:

NOTHING FURTHER.

644 THE COURT:

MR. COCHRAN.

645 MR. COCHRAN:

JUST THREE QUESTIONS, YOUR HONOR.

FURTHER RECROSS-EXAMINATION

646

BY MR. COCHRAN:

647 Q:

DO YOU KNOW HOW MANY CARS WENT TO ROCKINGHAM?

648 A:

NO, I DON'T.

649 Q:

AND WITH REGARD TO THAT PHOTOGRAPH OF MR. GOLDMAN WHERE YOU SAW THAT HE WAS COVERED WITH BLOOD, YOU WOULD EXPECT ALSO THAT HIS ASSAILANT WOULD ALSO BE COVERED WITH BLOOD; WOULD YOU NOT?

650 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

651 MR. COCHRAN:

HE CAN ANSWER THAT. IF HE CAN TALK ABOUT THAT, HE CAN TALK ABOUT THIS, YOUR HONOR.

652 THE COURT:

SUSTAINED.

653 MR. COCHRAN:

I HAVE NOTHING FURTHER, YOUR HONOR.

654 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. ALL RIGHT. OFFICER RISKE, YOU ARE NOW EXCUSED. PLEASE DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY OTHER THAN THE LAWYERS FROM THE CASE. AND WE'LL -- I'M GOING TO EXCUSE YOU FOR TODAY. YOU MAY BE RECALLED, HOWEVER.

655 OFF. ROBERT RISKE:

THANK YOU.

Temperature

tense

Key Quotes (5)

Robert Riske
ONE.
Clark's final question — 'How many gloves did you see at Bundy?' — drew a one-word answer that directly countered the defense theory of a planted glove by establishing only a single glove was ever at the scene.
Lance A. Ito
SUSTAINED THREE TIMES.
Ito openly rebuked Clark for asking three times whether Sergeant Coon was related to an officer from the Rodney King case, a moment of courtroom embarrassment for the prosecution.
Robert Riske
I REALLY WASN'T EVEN THINKING ABOUT PRINTS WHEN I PICKED UP THE PHONE.
Cochran elicited this admission to show the first officer on scene handled Nicole Brown's phone without gloves, undermining the integrity of potential forensic evidence.
Lance A. Ito
DANGEROUS TERRITORY.
The judge's rare editorial comment shut down Clark's attempt to introduce that the coroner's investigator who moved Goldman's body was a woman — an implicit argument about why disturbance of evidence was unavoidable.
Robert Riske
PEOPLE STANDING ON THE SIDEWALK TAKING PICTURES AND, YOU KNOW, FREE O.J. OR -- ONLOOKERS.
Riske's description of midnight crowds at Bundy with 'Free O.J.' signs captured the circus atmosphere surrounding the case even on the first day.

Evidence (10)

People's 54(3)
Close-up photograph of glove position at Bundy crime scene
discussed on redirect to show glove position before body removed
People's 55
Photograph of Detective Fuhrman pointing at glove and watch cap under bush
discussed by both Clark and Cochran; establishes Fuhrman at scene pointing to evidence after returning from Rockingham
People's 56-G
Close-up photograph showing Goldman's shoe/boot nearly touching the glove
discussed; Cochran used to argue shoe position changed relative to glove across photographs
People's 56-H
Perspective photograph of envelope area after body removed
discussed to compare envelope position before and after body removal
People's 56-J
Photograph showing envelope after it was moved, with number tag visible
discussed; established envelope position changed after body removed
People's 56-K
Photograph showing ring (item 105) at scene
discussed; Riske said he did not see the ring when present, consistent with it being under Goldman's body
+ 4 more

Notable Exchanges (5)

Lance A. ItoMarcia Clark
Ito corrected Clark mid-examination for improperly refreshing recollection — reading the document aloud to the witness rather than having him read it silently. Clark apologized. Later, Ito openly stated she had asked the Coon/Rodney King question 'THREE TIMES' and Clark said she had forgotten.
admonishing
Johnnie CochranRobert Riske
Cochran methodically established that evidence (glove, envelope) was moved from its original position, that proper procedure requires returning it to the exact location, and that Riske himself would never intentionally place evidence in a different location — implicitly suggesting someone else did.
strategic
Johnnie CochranRobert Riske
Cochran elicited that Riske entered the residence and used Nicole Brown Simpson's phone without wearing gloves, not thinking about fingerprint preservation at the time.
revealing
Marcia ClarkLance A. Ito
Clark tried to ask whether Riske knew the coroner's investigator who removed Goldman's body was a woman — an argument that the difficulty of extracting a large body from a tight space explains evidence disturbance. Ito sustained the objection and said 'DANGEROUS TERRITORY.'
blocked
Johnnie CochranLance A. Ito
When Cochran tried to examine the crime scene log further to see if Fuhrman and Phillips logged out to go to Rockingham, Ito redirected him to save that question for the officer who maintained the log. Cochran accepted graciously.
procedural

Light Moments (2)

Lance A. Ito / Johnnie Cochran
After Clark asked the Coon/Rodney King question a third time, Ito said 'SUSTAINED THREE TIMES' and Cochran immediately echoed 'THREE TIMES' — a rare moment of judge and opposing counsel in inadvertent unison.
Lance A. Ito
Ito's blunt 'DANGEROUS TERRITORY' when Clark ventured toward the female coroner investigator line of questioning.

Credibility Attacks (3)

⚔ LAPD crime scene procedure
establishing deviation from standard practice
Cochran used Riske's own testimony about proper evidence handling to imply that whoever returned the glove and envelope to the scene after the body was removed placed them in wrong positions — raising the specter of intentional or negligent evidence tampering.
⚔ Robert Riske
prior inconsistent conduct / evidence contamination
Cochran established Riske entered the crime scene residence and used Nicole Brown Simpson's phone without gloves, not thinking about fingerprint preservation — undermining the integrity of evidence from the first officer on scene.
⚔ LAPD
absence of documentation / best evidence argument
Cochran pressed that no photographs of the ice cream (a potential timeline indicator) were taken, and that LAPD does not use video cameras at crime scenes — suggesting valuable evidence was not preserved.

Witness Demeanor

No dramatic stage directions noted. Riske was cooperative and measured throughout, occasionally correcting both attorneys (e.g., clarifying he and his partner arrived together, noting he couldn't tell certain things from unclear photographs).

Objections

27 objections (17 sustained, 8 overruled)
Proceeding 4817 • 655 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 FEB 14, 1995 📄 Cross-examination of Robert Ri
FEB 14, 1995 KRT DvH TD