Direct examination of David Rossi (part 1)

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

Address:

C:\DEPT103\CRIMINAL\1995\FEB\14\DIRECT-EXAMINATION-OF-DAVID-RO.DOC

TRIAL

▲ Day 18 of 167

Witness: Sgt. David Rossi
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 14, 1995 • Utterances: 92

Marcia Clark conducted the direct examination of LAPD Sergeant David Rossi, the watch commander on duty the night of June 12, 1994. Rossi described receiving the initial call from Officer Riske about a double homicide at 875 South Bundy shortly after midnight, and a follow-up call from Sergeant Marty Coon confirming the house had been cleared and two young children found inside. The testimony was primarily foundational, establishing the initial notification chain for the crime scene response. Proceedings broke at noon recess with the examination unfinished.

# 1

DIRECT EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

SERGEANT ROSSI, CAN YOU PLEASE TELL US WHAT YOU DO FOR A LIVING?

# 4 A:

I'M A SERGEANT WITH THE LOS ANGELES POLICE DEPARTMENT PRESENTLY ASSIGNED TO WEST LOS ANGELES DIVISION.

# 5 Q:

AND HOW LONG HAVE YOU BEEN AT THAT ASSIGNMENT?

# 6 A:

I HAVE WORKED WEST LOS ANGELES FOR JUST ABOUT FIVE YEARS.

# 7 Q:

HOW LONG HAVE YOU BEEN A POLICE OFFICER?

# 8 A:

UMM, IT WILL BE 26 YEARS IN MAY, THIS COMING MAY.

# 9 Q:

26? HOW LONG HAVE YOU BEEN A SERGEANT, SIR?

# 10 A:

I MADE SERGEANT IN NOVEMBER OF 1979. SO I THINK THAT MAKES IT PRETTY CLOSE TO 15 YEARS.

# 11 Q:

WHAT ARE YOUR -- YOU SAID YOU ARE CURRENTLY ASSIGNED AS A WATCH COMMANDER?

# 12 A:

I'M CURRENTLY ASSIGNED AS THE MORNING ASSISTANT WATCH COMMANDER. WE REFER TO THAT AS AN AWC. MY DUTIES ARE THE SAME AS A LIEUTENANT WATCH COMMANDER WHEN THE LIEUTENANT IS OFF; AND WHEN HE'S ON, IF WE'RE BOTH WORKING, IF HE'S NOT OFF, THEN I ASSIST HIM OR HER.

# 13 Q:

WHAT DO YOU DO? WHAT DOES A WATCH COMMANDER DO?

# 14 A:

A WATCH COMMANDER OVERSEES THE ACTIVITIES OF ALL OF THE POLICE OFFICERS AND FIELD SERGEANTS ON THE WATCH OR SHIFT. THE WATCH COMMANDER APPROVES ALL BOOKINGS OF THE POLICE OFFICERS. OCCASIONALLY, I'LL APPROVE BOOKINGS FOR CALIFORNIA HIGHWAY PATROL OFFICERS THAT USE OUR FACILITY. I REVIEW AND APPROVE ALL ARREST REPORTS AND CRIME REPORTS. AND IN ADDITION TO HANDLING USUALLY A MOUNTAIN OF UNRELATED ADMINISTRATIVE PAPERWORK, I RESPOND TO THE FIELD FOR VARIOUS REASONS.

# 15 Q:

NOW, UNDER WHAT CONDITIONS WOULD YOU RESPOND TO THE FIELD?

# 16 A:

I'LL GO OUT IN THE FIELD IF AN OFFICER OR SERGEANT REQUESTS MY PRESENCE ON A PARTICULAR SITUATION, AND THEN THERE ARE SOME INCIDENTS THAT OCCUR THAT THE DEPARTMENT MANDATES THAT I RESPOND TO, AND GENERALLY VIOLENT CRIMES AND OF COURSE ANY KIND OF HOMICIDE I HAVE TO RESPOND TO.

# 17 Q:

IN ANY KIND OF HOMICIDE?

# 18 A:

YES, MA'AM.

# 19 Q:

AND WHAT ARE YOU SUPPOSED TO DO -- WHAT ARE YOUR DUTIES WITH RESPECT TO, FOR EXAMPLE, A HOMICIDE SCENE THAT YOU RESPOND TO?

# 20 A:

MY JOB IS TO GO OUT TO THE SCENE AND TO ENSURE THAT THE SCENE IS PROPERLY SECURED AND ANY OBVIOUS EVIDENCE IS PROTECTED UNTIL THE INVESTIGATORS GET THERE. PRIOR TO LEAVING TO GO OUT IN THE FIELD, THERE ARE CERTAIN NOTIFICATIONS THAT I HAVE TO MAKE TO THE DETECTIVES AND TO MY COMMAND STAFF.

# 21 Q:

AND WHY IS THAT? WHY DO YOU HAVE TO MAKE THOSE NOTIFICATIONS BEFORE YOU LEAVE THE STATION TO YOUR COMMAND STAFF AND OFFICERS?

# 22 A:

AND TO DETECTIVES?

# 23 Q:

AND TO DETECTIVES?

# 24 A:

WELL, I GENERALLY MAKE THE NOTIFICATIONS TO DETECTIVES FIRST BECAUSE I NEED TO GET THEM ROLLING. THEY ARE THE OFFICERS THAT WILL ULTIMATELY HANDLE THE INVESTIGATION. AND THEN I WILL GO AHEAD AND MAKE THE VARIOUS COMMAND STAFF NOTIFICATIONS BECAUSE OUR COMMAND STAFF NEEDS TO KNOW WHAT'S GOING ON, ESPECIALLY IN HOMICIDE CASES.

# 25 Q:

AND BY COMMAND STAFF, YOU MEAN THE PEOPLE ABOVE YOU?

# 26 A:

YES. YES, MA'AM.

# 27 Q:

NOW, DIRECTING YOUR ATTENTION, SIR, TO THE DATE OF JUNE THE 12TH, 1994, AS OF THAT DATE, WERE YOU ASSIGNED AS THE ASSISTANT WATCH COMMANDER AT THE WEST L.A. STATION?

# 28 A:

YES, I WAS, ON MORNING WATCH.

# 29 Q:

DO YOU RECALL GETTING A CALL FROM OFFICER ROBERT RISKE?

# 30 A:

YES. ACTUALLY I WAS ASSIGNED AS THE WATCH COMMANDER THAT NIGHT BECAUSE THE LIEUTENANT WAS OFF. SO I WAS SITTING IN AS THE WATCH COMMANDER. YES, I DID RECEIVE A CALL FROM OFFICER RISKE.

# 31 Q:

REMEMBER WHAT TIME IT WAS THAT YOU GOT THAT CALL FROM HIM?

# 32 A:

I BELIEVE IT WAS SOMEWHERE AROUND 12:30, 12:35 IN THE MORNING.

# 33 Q:

SIR, IS YOUR MEMORY FRESH WITH REGARD TO WHAT TIME YOU GOT THE CALL FROM OFFICER RISKE?

# 34 A:

IT'S NOT REAL FRESH, NO. I HAVEN'T LOOKED AT ANYTHING SINCE THEN. HOWEVER, IT SEEMS LIKE IT WAS SOMETHING AFTER MIDNIGHT.

# 35 Q:

SHORTLY AFTER MIDNIGHT?

# 36 A:

YES.

# 37 MS. CLARK:

EXCUSE ME, YOUR HONOR.

# 38 (BRIEF PAUSE.)

# 39 Q:

BY MS. CLARK: SIR, WOULD IT REFRESH YOUR RECOLLECTION IF I SHOWED YOU A COPY OF THE CRIME SCENE LOG AS TO WHAT TIME YOU WERE CALLED?

# 40 MR. BAILEY:

OBJECTION, YOUR HONOR. HE HASN'T SAID HIS RECOLLECTION NEEDS REFRESHING.

# 41 MS. CLARK:

I THINK THAT'S WHAT HIS LAST ANSWER EXACTLY WAS.

# 42 THE COURT:

NO. HIS LAST ANSWER, HE SAYS SHORTLY AFTER MIDNIGHT, YES, FIRST CALL. CRIME SCENE LOG IS WHEN THEY GOT THERE.

# 43 MS. CLARK:

HE ALSO TESTIFIED, YOUR HONOR, THAT HE THOUGHT IT WAS AROUND 12:30 AND THAT HE -- SHALL I HAVE HIS ANSWERS READ BACK, YOUR HONOR?

# 44 THE COURT:

NO. I'VE JUST READ THEM MYSELF.

# 45 MS. CLARK:

AND I ASKED HIM IF HIS MEMORY WAS FRESH WITH RESPECT TO WHEN HE GOT THE CALL AND HE SAID IT'S NOT REAL FRESH, NO. OBVIOUSLY HE HASN'T LOOKED AT ANYTHING SINCE THEN.

# 46 THE COURT:

ALL RIGHT. PROCEED.

# 47 Q:

BY MS. CLARK: WOULD IT REFRESH YOUR RECOLLECTION IF I WERE TO SHOW YOU THE CRIME SCENE LOG?

# 48 A:

YES, IT WOULD.

# 49 Q:

THANK YOU YOU'RE FAMILIAR WITH HOW THESE ARE PREPARED; ARE YOU NOT, SIR?

# 50 A:

YES, I AM.

# 51 Q:

SHOWING YOU THE LOG WITH THE ENTRY OF OFFICER RISKE FOR HIS TIME OF ARRIVAL --

# 52 A:

IT SHOWS OFFICER RISKE ARRIVING --

# 53 THE COURT:

EXCUSE ME. HOLD ON. SERGEANT, WOULD YOU JUST READ THAT TO YOURSELF AND SEE IF THAT REFRESHES YOUR RECOLLECTION.

# 54 SGT. DAVID ROSSI:

(WITNESS COMPLIES.) YES. SOMEWHAT, YES.

# 55 Q:

BY MS. CLARK: AND HAVING SEEN THAT CRIME SCENE LOG, SIR, YOUR MEMORY IS SOMEWHAT REFRESHED AS TO WHEN YOU GOT THE CALL FROM OFFICER RISKE?

# 56 A:

YES.

# 57 Q:

AND WHAT IS YOUR ESTIMATE OF THE TIME YOU GOT THAT CALL, SIR?

# 58 A:

AROUND 12 -- 0025, 25 MINUTES AFTER 12:00.

# 59 MR. BAILEY:

YOUR HONOR, I OBJECT. IT APPEARS THAT HE'S READING FROM A PIECE OF PAPER.

# 60 THE COURT:

WOULD YOU TAKE THAT AWAY, PLEASE, MISS CLARK?

# 61 MS. CLARK:

HE DOESN'T APPEAR THAT HE'S DOING THAT AS A MATTER OF FACT WHEN HE TESTIFIED.

# 62 Q:

BY MS. CLARK: LET ME POINT SOMETHING OUT TO YOU, SIR. DO YOU SEE THE TIME OF ARRIVAL --

# 63 A:

YES.

# 64 Q:

-- FOR OFFICER RISKE THERE?

# 65 A:

YES. 20 MINUTES AFTER 12:00.

# 66 Q:

UH-HUH. AND THEN -- AND THAT HELPS YOU, SIR, TO ASSIST, TO REFRESH YOUR MEMORY AS TO WHEN YOU GOT THE CALL?

# 67 MR. BAILEY:

OBJECTION. LEADING.

# 68 THE COURT:

SUSTAINED.

# 69 MS. CLARK:

IT'S FOUNDATIONAL. HE'S ALREADY SAID THAT.

# 70 THE COURT:

SUSTAINED. YOU CAN ASK HIM A NON-LEADING WAY.

# 71 Q:

BY MS. CLARK: HOW DOES THAT REFRESH YOUR RECOLLECTION WITH RESPECT TO WHEN YOU GOT THE CALL FROM HIM?

# 72 A:

WELL, I'M JUST -- I'M FIGURING IF OFFICER RISKE ARRIVED AT 20 MINUTES AFTER 12:00, HE PHONED ME SHORTLY THEREAFTER.

KEY QUOTE

# 73 Q:

THANK YOU. AND WHAT DID -- DID OFFICER RISKE GIVE YOU SOME INFORMATION WITH RESPECT TO WHAT HE WAS THERE -- WHAT HE WAS AT THE SCENE FOR?

# 74 A:

OFFICER RISKE TOLD ME THAT HE WAS ON THE SCENE OF A DOUBLE HOMICIDE.

KEY QUOTE

# 75 Q:

AND DID HE GIVE YOU A LOCATION?

# 76 A:

YES. HE GAVE ME THE ADDRESS.

# 77 Q:

AND WHAT WAS THAT?

# 78 A:

875 SOUTH BUNDY.

# 79 Q:

AND DID HE TELL YOU -- AND DID HE GIVE YOU ANY INFORMATION ABOUT THE SCENE AS HE FOUND IT AT THAT TIME?

# 80 A:

HE TOLD ME THAT THERE WAS A FEMALE AND A MALE VICTIM OUTSIDE OF THE LOCATION. HE TOLD ME IT WAS A CONDOMINIUM AND HE TOLD ME THAT THE DOOR WAS OPEN TO THE CONDOMINIUM, THE FRONT DOOR, AND HE SAID HE HAD NOT -- HE HAD NOT CLEARED THE HOUSE YET AND HE DIDN'T KNOW WHAT HE HAD IN THE HOUSE.

KEY QUOTE

# 81 Q:

WHAT DOES THAT MEAN, HAD NOT CLEARED THE HOUSE YET?

# 82 A:

THAT MEANS THAT IT'S UNKNOWN WHAT HAS TAKEN PLACE IF ANYTHING INSIDE THE HOUSE, THAT THERE MAY BE OTHER VICTIMS IN THE HOUSE, BECAUSE THIS WAS SUCH A VIOLENT CRIME, OR SUSPECTS, AND SO IT WAS IMPERATIVE THAT HE GO THROUGH THE HOUSE AND MAKE SURE THAT EVERYTHING WAS OKAY IN THAT RESPECT.

# 83 Q:

AND DID YOU GIVE HIM SOME INSTRUCTION, SIR?

# 84 A:

YES, I DID. I TOLD HIM TO -- FIRST, I ASKED HIM IF HE HAD REQUESTED A SUPERVISOR, AND HE SAID THAT HE HAD. AND THEN I TOLD HIM, OKAY, GO AHEAD AND CHECK THE HOUSE AND MAKE SURE THAT THERE ARE NO MORE VICTIMS AND TELL THE RESPONDING SUPERVISOR TO CALL ME BACK AS SOON AS HE COULD.

# 85 Q:

DID YOU GET ANOTHER CALL THEN FROM THE -- FROM SOMEONE AT THE SCENE?

# 86 A:

YES. SHORTLY THEREAFTER, I RECEIVED A TELEPHONE CALL FROM SERGEANT MARTY COON.

# 87 Q:

AND DID HE GIVE YOU SOME INFORMATION AS WELL?

# 88 A:

HE TOLD ME THAT -- THAT HE HAD RECEIVED INFORMATION FROM OFFICER RISKE, THAT THEY HAD CLEARED THE HOUSE, THAT THEY HAD FOUND TWO YOUNG CHILDREN IN THE HOUSE AND THAT HE HAD A UNIT EN ROUTE TO THE LOCATION TO TRANSPORT, TO TAKE THE CHILDREN INTO PROTECTIVE CUSTODY AND TRANSPORT THEM TO WEST LOS ANGELES DIVISION.

# 89 MS. CLARK:

WOULD THIS BE A GOOD TIME?

# 90 THE COURT:

MISS CLARK?

# 91 MS. CLARK:

YES. I'M ASSUMING THE COURT WANTS TO TAKE A NOON BREAK. I'M GOING TO MOVE INTO A DIFFERENT AREA AT THIS POINT. WANT ME TO --

# 92 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THE NOON HOUR AT THIS TIME. PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T LET ANYBODY CONTACT, COMMUNICATE WITH YOU, DO NOT CONDUCT ANY DELIBERATIONS ON THE MATTER UNTIL IT HAS BEEN SUBMITTED TO YOU. WE'LL SEE YOU BACK HERE AT 1:30. SERGEANT ROSSI, YOU MAY STEP DOWN. YOU ARE ORDERED TO RETURN HERE AT 1:30. ALL RIGHT. WE'LL STAND IN RECESS, 1:30.

Temperature

procedural

Key Quotes (3)

Rossi

OFFICER RISKE TOLD ME THAT HE WAS ON THE SCENE OF A DOUBLE HOMICIDE.

Establishes the initial report of the crime and the communication chain from first responder to watch commander.

Rossi

HE TOLD ME THAT THERE WAS A FEMALE AND A MALE VICTIM OUTSIDE OF THE LOCATION... THE DOOR WAS OPEN TO THE CONDOMINIUM, THE FRONT DOOR, AND HE SAID HE HAD NOT CLEARED THE HOUSE YET AND HE DIDN'T KNOW WHAT HE HAD IN THE HOUSE.

Captures the initial, uncertain state of the crime scene as first reported — open door, uncleared house, unknown dangers inside.

Rossi

WELL, I'M JUST -- I'M FIGURING IF OFFICER RISKE ARRIVED AT 20 MINUTES AFTER 12:00, HE PHONED ME SHORTLY THEREAFTER.

Rossi's recollection of the call time is not independent — he's reconstructing it from the crime scene log, which Bailey had tried to block.

Evidence (1)

Informal

Crime scene log showing Officer Riske's time of arrival (12:20 AM) at 875 South Bundy

Used to refresh Rossi's recollection of when he received Riske's call; Bailey objected that Rossi appeared to be reading from it rather than testifying from refreshed memory

Notable Exchanges (1)

Marcia Clark•F. Lee Bailey•Judge Ito

Clark sought to show Rossi the crime scene log to refresh his recollection; Bailey objected that Rossi had not indicated his memory needed refreshing. Judge effectively sided with Bailey on the substance but allowed Clark to proceed. Bailey then objected that Rossi appeared to be reading directly from the document rather than testifying from refreshed memory, prompting the judge to have Clark remove it.

strategic

Witness Demeanor

(WITNESS COMPLIES.) YES. SOMEWHAT, YES. — after being instructed by the judge to read the log silently

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 4819 • 92 utterances • Prosecution witness

Criminal Trial

Department 103