Direct examination of David Rossi (part 2)

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

Address:

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

TRIAL

▲ Day 18 of 167

◀ Recess Direct examination of David Rossi (part 3) ▶

Witness: Sgt. David Rossi
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 14, 1995 • Utterances: 85

Sergeant David Rossi resumes direct examination with Marcia Clark, detailing the chain of command notifications he made after being called to the double homicide scene and his arrival at 875 South Bundy around 1:30 AM. He walks through six phone calls to command staff, explains why upper-bureau commanders were notified due to the case's possible notoriety, describes checking on the Simpson children at the station, and recounts his arrival at Bundy where he verified the crime scene perimeter was properly secured.

# 1 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. SERGEANT ROSSI, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

DAVID ROSSI, THE WITNESS ON THE STAND AT THE TIME OF THE NOON RECESS, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

# 2 THE COURT:

ALL RIGHT. GOOD AFTERNOON, LADIES AND GENTLEMEN.

# 3 THE JURY:

GOOD AFTERNOON.

# 4 THE COURT:

THE RECORD SHOULD REFLECT THAT WE HAVE BEEN JOINED BY ALL THE MEMBERS OF OUR JURY. MISS CLARK, YOU MAY CONTINUE YOUR DIRECT EXAMINATION.

# 5 MS. CLARK:

THANK YOU. GOOD AFTERNOON.

# 6

DIRECT EXAMINATION (RESUMED)

# 7

BY MS. CLARK:

# 8 Q:

I THINK WHERE WE LEFT OFF, SIR, YOU INDICATED THAT YOU GOT A CALL FROM SERGEANT MARTY COON WHO TOLD YOU ABOUT A DOUBLE HOMICIDE?

# 9 A:

YES, I DID.

# 10 Q:

AND DID HE INDICATE ANYTHING ELSE TO YOU ABOUT THE NATURE OF THAT CASE?

# 11 A:

HE CONFIRMED WHAT OFFICER RISKE HAD SAID ABOUT A MALE AND A FEMALE VICTIM AND HE HAD TOLD ME -- HE TOLD ME AT THAT POINT THAT THE HOUSE HAD BEEN CLEARED AND THAT THERE WERE NO MORE VICTIMS IN THE HOUSE.

# 12 Q:

DID HE INDICATE ANYTHING TO YOU WITH RESPECT TO WHAT THE POSSIBLE IDENTITY OF ONE OF THE VICTIMS MIGHT BE?

# 13 A:

HE TOLD ME THAT HE WAS PRETTY SURE THAT THE FEMALE VICTIM WAS NICOLE SMITH -- EXCUSE ME -- NICOLE SIMPSON.

KEY QUOTE

# 14 Q:

BUT DID HE KNOW FOR SURE AT THAT POINT?

# 15 A:

HE DIDN'T KNOW FOR SURE. HE THOUGHT THERE WAS A PRETTY GOOD CHANCE THAT IS WHO IT WAS. HE WAS TOLD BY ONE OF THE OFFICERS, I DON'T KNOW WHO IT WAS, THAT NICOLE SIMPSON DID LIVE AT THAT LOCATION.

# 16 Q:

WAS THERE ANY INDICATION AS TO THE POSSIBLE IDENTITY OF THE MALE VICTIM?

# 17 A:

NO.

# 18 Q:

DID YOU GIVE HIM SOME INSTRUCTION AT THAT POINT?

# 19 A:

I ASKED HIM IF THE CRIME SCENE HAD BEEN SECURED AND HE INDICATED THAT IT HAD AND I TOLD HIM THAT I WOULD RESPOND FROM THE POLICE STATION AS SOON AS I COULD, THAT I HAD NOTIFICATIONS TO MAKE, TELEPHONIC NOTIFICATIONS.

# 20 Q:

AND DID YOU MAKE THOSE NOTIFICATIONS?

# 21 A:

YES, I DID.

# 22 Q:

WHO DID YOU NOTIFY?

# 23 A:

I MADE SIX TELEPHONIC NOTIFICATIONS TO DETECTIVES AND MY COMMAND STAFF. THE FIRST TELEPHONE CALL I MADE WAS TO DETECTIVE FRANK SPANGLER, WHO IS THE COMMANDING OFFICER OF WEST LOS ANGELES DETECTIVES.

# 24 Q:

IS HE A LIEUTENANT?

# 25 A:

LIEUTENANT, YES, MA'AM. THERE WAS NO ONE HOME THERE; HOWEVER, I DID GET AN ANSWERING MACHINE AND I LEFT A MESSAGE ON THE MACHINE.

# 26 Q:

NOW, IS HE OF HIGHER RANK THAN THE DETECTIVES?

# 27 A:

YES, HE IS.

# 28 Q:

AND WHO ELSE DID YOU CALL?

# 29 A:

I THEN CALLED DETECTIVE RON PHILLIPS. HE WAS HOME. AND I TOLD HIM WHAT WE HAD AND THE LOCATION AND HE INDICATED TO ME THAT HE WOULD BE RESPONDING VERY SHORTLY THEREAFTER AND THAT HE WOULD PICK UP OR AT LEAST MEET DETECTIVE MARK FUHRMAN, THAT I DID NOT HAVE TO CALL HIM.

# 30 Q:

OKAY. AND WHO ELSE DID YOU CALL?

# 31 A:

I THEN CALLED WEST L.A. AREA COMMANDING OFFICER, BOB KURTH.

# 32 Q:

WHAT IS HIS RANK?

# 33 A:

CAPTAIN.

# 34 Q:

IS THAT ABOVE A LIEUTENANT?

# 35 A:

YES, IT IS.

# 36 Q:

WHO ELSE DID YOU CALL?

# 37 A:

I THEN NOTIFIED DEPUTY CHIEF RON FRANKLE WHO IS THE COMMANDING OFFICER OF OPERATIONS WEST BUREAU.

# 38 Q:

AND IS HE ABOVE OR BELOW CAPTAIN KURTH IN TERMS OF RANK?

# 39 A:

HE IS ABOVE CAPTAIN KURTH.

# 40 Q:

AND WHO ELSE DID YOU CALL?

# 41 A:

AND THEN I PHONED THE ASSISTANT COMMANDING OFFICER OF OPERATIONS WEST BUREAU WHO IS COMMANDER BUSHY WHO IS JUST UNDER DEPUTY CHIEF FRANKLE.

# 42 Q:

NOW, DEPUTY CHIEF RON FRANKEL AND COMMANDER BUSHEY THEN BOTH OUTRANK LIEUTENANT SPANGLER?

# 43 A:

THAT'S CORRECT.

# 44 Q:

AND THEN OBVIOUSLY THEY OUTRANK ALL THE DETECTIVES AS WELL?

# 45 A:

YES, THEY DO.

# 46 Q:

AND WHO ELSE DID YOU CALL?

# 47 A:

THE LAST PHONE CALL I MADE WAS TO THE WEST L.A. PATROL CAPTAIN, CONSTANCE DIAL.

# 48 Q:

CONNIE?

# 49 A:

CONNIE DIAL, YES.

# 50 Q:

IS IT COMMON TO MAKE ALL THOSE NOTIFICATIONS WHENEVER YOU GET A HOMICIDE?

# 51 A:

IT IS COMMON TO MAKE THE NOTIFICATIONS TO THE DETECTIVES AND TO THE COMMAND STAFF OF THE -- OF WEST L.A. -- OF YOUR AREA AND DIVISION. AS FAR AS THE OPERATIONS WEST BUREAU COMMAND STAFF, DEPUTY CHIEF FRANKLE AND BUSHEY, I WAS TOLD TO MAKE THOSE NOTIFICATIONS BY CAPTAIN KURTH.

# 52 Q:

WHY?

# 53 A:

BECAUSE OF THE POSSIBLE NOTORIETY OF THIS PARTICULAR INCIDENT.

KEY QUOTE

# 54 Q:

AND AFTER YOU MADE THOSE NOTIFICATIONS, WHAT DID YOU DO?

# 55 A:

I THEN WAS INFORMED BY MY DESK OFFICER THAT THERE HAD BEEN SOME WITNESSES FROM THE LOCATION TRANSPORTED TO THE WEST LOS ANGELES POLICE STATION AND THAT THE TWO CHILDREN HAD ARRIVED. I WAS TOLD THAT THE TWO -- THE WITNESSES, OTHER THAN THE CHILDREN, WERE UPSTAIRS IN DETECTIVES AND THAT THERE WAS AN OFFICER WITH THEM, AND I WAS INFORMED THAT THE TWO CHILDREN WERE IN OUR CONFERENCE ROOM, SO I WENT OVER AND I LOOKED IN THE CONFERENCE ROOM AND I SAW THE TWO CHILDREN IN THERE WITH -- WITH ONE OF MY OFFICERS AND I MADE SURE THAT THEY WERE OKAY. I DIDN'T SPEAK WITH THEM AT THAT TIME, BUT THEY SEEMED TO BE OKAY.

# 56 Q:

AND THEN YOU LEFT?

# 57 A:

YES. THEN I INFORMED THE DESK THAT I WAS GOING TO BE EN ROUTE TO THE LOCATION ON BUNDY AND WE CHECKED OUT A POLICE CAR AND I WAS DRIVEN TO THE LOCATION BY A SERGEANT THAT HAD BEEN IN THE STATION WITH ME BY THE NAME OF SERGEANT KURT HUSSEY.

# 58 THE COURT:

HOW DO YOU SPELL HUSSEY?

# 59 SGT. DAVID ROSSI:

H-U-S-S-E-Y.

# 60 THE COURT:

THANK YOU.

# 61 Q:

BY MS. CLARK: WHAT TIME WAS IT WHEN YOU GOT TO THE SCENE AT 875 SOUTH BUNDY, SIR?

# 62 A:

I BELIEVE I ARRIVED AT THE SCENE VERY CLOSE TO 0130 HOURS, 1:30 IN THE MORNING, BETWEEN -- I THINK IT WAS RIGHT ABOUT 1:30, YES.

# 63 Q:

OKAY. AND WHAT DID YOU -- WHERE DID YOU PARK?

# 64 A:

THE POLICE VEHICLE THAT I WAS IN WAS PARKED AT THE INTERSECTION OF BUNDY AND DOROTHY. I EXITED THE VEHICLE AND I WAS APPROACHED BY DETECTIVE -- EXCUSE ME -- BY SERGEANT MARTY COON AND OFFICER RISKE.

# 65 Q:

AND THEY APPROACHED YOU ON FOOT?

# 66 A:

YES, THEY DID.

# 67 Q:

WHERE?

# 68 A:

BEG YOUR PARDON?

# 69 Q:

WHERE WAS THAT THAT THEY APPROACHED YOU?

# 70 A:

THAT WAS RIGHT THERE AT THE INTERSECTION, CLOSE TO THE INTERSECTION OF BUNDY AND DOROTHY.

# 71 Q:

WHAT WAS THE FIRST THING YOU DID WHEN YOU GOT THERE?

# 72 A:

THE FIRST THING I DID WAS TAKE A LOOK AT THE FRONT OF THE CRIME SCENE AREA TO MAKE SURE THAT IT WAS SECURED, AND I SAW THAT A POLICE VEHICLE WAS PARKED AT DOROTHY AND BUNDY. I SAW A POLICE VEHICLE WAS PARKED AT GORHAM AND BUNDY SO AS TO NOT ALLOW ANY TYPE OF VEHICULAR OR PEDESTRIAN TRAFFIC TO COME THROUGH THOSE AREAS. I ASKED SERGEANT MARTY COON IF THE BACK HAD BEEN SECURED AND HE SAID, YES, IT WAS SECURED THE SAME WAY THE FRONT WAS AT THE ALLEYWAY AGAIN AT DOROTHY AND NORTH TO GORHAM. I SAW THAT THE FRONT HAD BEEN ALSO SECURED BY YELLOW POLICE BANNER TAPE AND THAT APPEARED TO BE PROPER TO ME. I ASKED THEM IF THERE WAS ANY IN THE REAR AND HE INDICATED THAT THERE WAS, BLOCKING -- AGAIN, BLOCKING OFF THE THOROUGHFARE OF THE ALLEYWAY. AT THAT POINT I MADE A DETERMINATION THAT THE CRIME SCENE WAS PROPERLY SECURED AND I ASKED SERGEANT COON AND OFFICER RISKE TO ESCORT ME UP TO WHERE THEY HAD INDICATED THAT THE VICTIMS WERE.

# 73 Q:

NOW, IS THAT PART OF YOUR DUTIES, SIR, WHEN YOU RESPOND TO A HOMICIDE SCENE, TO MAKE SURE THAT THE CRIME SCENE IS POSSIBLY SECURED, THE TAPE WHERE IT NEEDS TO BE?

# 74 A:

YES, THAT IS MY PRIMARY DUTY.

# 75 Q:

AND IN THAT CONNECTION, SIR, IS IT YOUR DUTY ALSO TO MAKE SURE THAT THE PERIMETER, THAT IS, WHERE THE CRIME SCENE TAPE IS PUT UP, IS IN THE PROPER LOCATION?

# 76 A:

THAT'S CORRECT.

# 77 Q:

WHAT IS IMPORTANT ABOUT THAT?

# 78 A:

THE FACT THAT WE ARE ABLE TO KEEP THAT CRIME SCENE AS SECURE AS POSSIBLE UNTIL DETECTIVES GET THERE.

# 79 Q:

IS IT IMPORTANT THAT YOU MAKE SURE THAT ENOUGH -- THAT A CERTAIN AREA AROUND THE CRIME SCENE ITSELF IS CORDONED OFF?

# 80 A:

THAT'S CORRECT. THAT IS WHAT I DID. WE CORDONED OFF THE ENTIRE CRIME SCENE.

# 81 Q:

WAS THE TRAFFIC ON BUNDY BLOCKED?

# 82 A:

YES, IT WAS.

# 83 Q:

DID YOU HAPPEN TO NOTICE ANY ANIMAL WHEN YOU GOT THERE?

# 84 A:

YES. WHEN I FIRST ARRIVED THERE WAS A MALE CAUCASIAN HOLDING A WHITE AKITA ON A LEASH AND HE WAS -- HE AND THE DOG WERE RIGHT THERE AT THE INTERSECTION OF BUNDY AND DOROTHY.

KEY QUOTE

# 85 MS. CLARK:

OKAY.

Temperature

procedural

Key Quotes (3)

David Rossi

HE TOLD ME THAT HE WAS PRETTY SURE THAT THE FEMALE VICTIM WAS NICOLE SMITH -- EXCUSE ME -- NICOLE SIMPSON.

The self-correction mid-sentence captures the moment the victims' identities were still being confirmed in the early hours — procedurally important for establishing the timeline of when LAPD knew who they were dealing with.

David Rossi

BECAUSE OF THE POSSIBLE NOTORIETY OF THIS PARTICULAR INCIDENT.

Explains why unusually high-ranking command staff (Deputy Chief, Commander) were notified — establishes from the outset that LAPD recognized this was a high-profile case, relevant to later allegations of special treatment or contamination.

David Rossi

WHEN I FIRST ARRIVED THERE WAS A MALE CAUCASIAN HOLDING A WHITE AKITA ON A LEASH AND HE AND THE DOG WERE RIGHT THERE AT THE INTERSECTION OF BUNDY AND DOROTHY.

The Akita — Nicole's dog — was central to how the bodies were discovered. This places the dog and its handler at the scene upon Rossi's arrival, supporting the earlier discovery timeline.

Notable Exchanges (1)

Lance A. Ito•David Rossi

Judge Ito interrupts to ask how to spell 'Hussey' (Sergeant Kurt Hussey's name), and Rossi spells it out for the record.

routine

Objections

None recorded

Proceeding 4821 • 85 utterances • Prosecution witness

Criminal Trial

Department 103