Direct examination of David Rossi (part 4)

📄 Direct examination of David Rossi (part 4) — Tuesday, February 14, 1995

Address:

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

TRIAL

▲ Day 18 of 167

◀ Sidebar (1) Transition to cross-examination ▶

Witness: Sgt. David Rossi
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 14, 1995 • Utterances: 121

Sergeant Rossi testified about his role as the West L.A. watch commander coordinating between Detective Phillips (at the Bundy crime scene) and Westec Security on the night of the murders. He described a series of phone calls to help Phillips locate and access OJ Simpson's Rockingham property, including confirming Simpson was not listed as out of town, discovering Westec had no key, and arranging for a Westec representative to witness a potential forced entry. He also checked on Simpson's children, Sydney and Justin, twice that evening.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MISS CLARK, YOU MAY PROCEED.

# 3 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 4 MS. CLARK:

THANK YOU, YOUR HONOR.

# 5 Q:

SIR, I'M GOING TO ASK THAT YOU WRITE THE NUMBER DOWN ON THIS PAD SO THAT WE DON'T PUBLICIZE THIS NUMBER, BECAUSE I THINK YOU PROBABLY DON'T WANT IT PUBLICIZED.

# 6 A:

RIGHT.

# 7 Q:

THAT WILL BE GREAT AND YOU START GETTING 10,000 CALLS A DAY ON THE PRIVATE LINE.

# 8 (WITNESS COMPLIES.)

# 9 Q:

AND THE NUMBER THAT YOU HAVE JUST WRITTEN FOR US, AND I'M GOING TO SHOW TO COUNSEL NOW, THIS NUMBER IS -- IS THIS THE NUMBER THAT MR. -- THAT DETECTIVE PHILLIPS CALLED YOU ON THAT NIGHT?

# 10 A:

THAT'S CORRECT.

# 11 THE COURT:

ALL RIGHT. WE WILL MARK THAT SHEET OF PAPER PEOPLE'S 61.

# 12 MS. CLARK:

THANK YOU, YOUR HONOR.

# 13 (PEO'S 61 FOR ID = PAPER W/ W.L.A. WATCH CMDR'S TPN)

# 14 Q:

BY MS. CLARK: AND HOW IS IT THAT YOU HAPPENED TO HAVE DETECTIVE PHILLIPS' CELL PHONE NUMBER?

# 15 A:

HE GAVE IT TO ME OUT AT THE SCENE.

# 16 Q:

WHEN YOU WERE AT 875 SOUTH BUNDY?

# 17 A:

YES.

# 18 Q:

ALL RIGHT. THEN YOU -- AND I THINK YOU INDICATED WESTEC SAID THEY DIDN'T HAVE A LISTING OR THEY ASKED YOU TO GET A SPECIFIC ADDRESS; IS THAT RIGHT?

# 19 A:

THEY INDICATED THAT THEY DIDN'T SHOW A LISTING AND HE ASKED ME IF I COULD GET A NUMBER, YES.

# 20 Q:

OKAY. THEN YOU INDICATED YOU CALLED DETECTIVE PHILLIPS AND YOU GOT THE ADDRESS?

# 21 A:

THAT'S CORRECT.

# 22 Q:

THEN WHAT DID YOU DO?

# 23 A:

I CALLED WESTEC BACK, GOT AHOLD OF THE SAME OPERATOR AND I GAVE HIM THE NUMBER OF 360 ROCKINGHAM.

# 24 Q:

AND DID HE -- WHAT DID HE INDICATE THEN?

# 25 A:

WELL, THERE WAS STILL SOME --

# 26 MR. BAILEY:

EXCUSE ME, YOUR HONOR. I THINK THE RESULT OF THIS EXCHANGE MAY BE ADMISSIBLE, BUT ALL OF THE TALK BACK AND FORTH I THINK IS PLAIN HEARSAY.

# 27 THE COURT:

SUSTAINED.

# 28 MS. CLARK:

THAT'S TRUE.

# 29 Q:

DID YOU ATTEMPT TO -- YOU GAVE THE ADDRESS OF 360 ROCKINGHAM; IS THAT CORRECT?

# 30 A:

THAT'S CORRECT.

# 31 Q:

AND AFTER YOU HAD GIVEN THAT INFORMATION, SIR, DID YOU -- DID YOU CALL -- DID YOU CALL DETECTIVE PHILLIPS AGAIN?

# 32 A:

I CALLED HIM BACK BECAUSE THERE WAS SOME CONFUSION AGAIN. EVEN WITH THE NUMBERS THAT I GAVE WESTEC, THEY STILL -- OPERATOR 48 WAS STILL HAVING A HARD TIME FINDING A LISTING, SO I TOLD THEM THAT I WOULD CALL THE DETECTIVES BACK AND I DID. I GOT AHOLD OF DETECTIVE PHILLIPS AND HE SAID, WELL, TRY IT AGAIN, BECAUSE THERE ARE SIGNS ON THE PROPERTY INDICATING THAT WESTEC HAS THE SECURITY CONTRACT, SO --

# 33 Q:

AND DID YOU CALL BACK AGAIN?

# 34 A:

WELL, BEFORE I HAD A CHANCE TO CALL BACK, I GOT A CALL FROM WESTEC AND THAT WAS OPERATOR 48 AND HE SAID WAS THAT NORTH OR SOUTH BUNDY AND I SAID THAT WAS NORTH BUNDY.

# 35 Q:

EXCUSE ME. BUNDY?

# 36 A:

EXCUSE ME, ROCKINGHAM.

# 37 Q:

OKAY.

# 38 A:

AND I TOLD HIM IT WAS NORTH AND HE SAID, "OH, OKAY, WELL, WE HAVE A LISTING FOR A MR. O.J. SIMPSON."

# 39 MR. BAILEY:

I'M GOING TO OBJECT AGAIN, YOUR HONOR. WHETHER HE GOT THE PHONE NUMBER OR DIDN'T GET IT, THAT IS ALL THAT IS RELEVANT.

# 40 THE COURT:

CORRECT. CAN WE ASK QUESTIONS THAT ARE NON-HEARSAY?

# 41 MS. CLARK:

YES, YOUR HONOR.

# 42 THE COURT:

THANK YOU.

# 43 Q:

BY MS. CLARK: DID YOU REQUEST -- DID YOU ASK WHETHER THEY HAD ANY INFORMATION AS TO WHETHER OR NOT THE DEFENDANT WAS IN OR OUT OF TOWN?

# 44 A:

YES, I DID, ON THAT SAME TELEPHONE CALL, WHEN HE TOLD ME THAT HE HAD A LISTING, YES.

# 45 Q:

OKAY.

# 46 A:

AND HE INDICATED THAT HE DID NOT SHOW THAT MR. SIMPSON WAS OUT OF TOWN.

KEY QUOTE

# 47 Q:

DID YOU THEN CALL -- DID YOU CALL DETECTIVE PHILLIPS BACK THEN?

# 48 A:

YES, I CALLED HIM BACK.

# 49 Q:

AND DID YOU GIVE HIM INFORMATION CONCERNING THE DEFENDANT?

# 50 A:

I TOLD HIM WHAT I WAS JUST TOLD BY WESTEC, YES.

# 51 Q:

THAT THE DEFENDANT -- THEY HAD NO RECORD THAT HE WAS OUT OF TOWN?

# 52 A:

THAT'S CORRECT.

# 53 Q:

NOW, AT THAT POINT, WHEN YOU CALLED DETECTIVE PHILLIPS ON HIS CELL PHONE, HAD HE RECEIVED THE DEFENDANT'S PHONE NUMBER AT HIS HOME YET?

# 54 A:

NO.

# 55 Q:

I MEAN THE DEFENDANT'S HOME PHONE NUMBER?

# 56 A:

NO, HE DID NOT.

# 57 Q:

AND DID YOU GET ANOTHER CALL FROM DETECTIVE PHILLIPS AFTER THAT POINT?

# 58 A:

A FEW MINUTES LATER DETECTIVE PHILLIPS CALLED ME BACK AND ASKED ME TO MAKE ANOTHER TELEPHONE CALL TO WESTEC AND TO FIND OUT IF THEY HAD A KEY TO 360 NORTH ROCKINGHAM AND IF IT COULD BE OUT THERE WITH A REPRESENTATIVE FROM THEIR COMPANY.

# 59 Q:

NOW, DID YOU GET MORE THAN ONE CALL FROM DETECTIVE PHILLIPS AT -- WITHIN THAT TIME FRAME, WITHIN THOSE FEW MINUTES, REQUESTING THE KEY?

# 60 A:

YES, I DID. I BELIEVE I GOT -- I BELIEVE I RECEIVED AT LEAST TWO WITHIN A REAL SHORT PERIOD OF TIME.

# 61 Q:

AND AFTER YOU GOT THE SECOND CALL REQUESTING A KEY, WHAT DID YOU DO?

# 62 A:

THAT IS WHEN I CALLED WESTEC BACK AND THEY TOLD ME THAT --

# 63 MR. BAILEY:

I'M GOING TO OBJECTION, YOUR HONOR. THESE CONVERSATIONS --

# 64 THE COURT:

SUSTAINED.

# 65 MR. BAILEY:

CAN WE GET TO THE RESULT?

# 66 THE COURT:

SUSTAINED, SUSTAINED.

# 67 SGT. DAVID ROSSI:

THEY TOLD ME --

# 68 THE COURT:

HOLD ON. WOULD YOU PLEASE LISTEN PRECISELY TO THE QUESTION THAT IS ASKED OF YOU, ANSWER JUST THAT QUESTION. DON'T VOLUNTEER ANYTHING, ANY INFORMATION THAT IS NOT REQUESTED OF YOU, PLEASE. MISS CLARK.

# 69 Q:

BY MS. CLARK: SERGEANT ROSSI, DID YOU ASK WESTEC IF THEY HAD A KEY FOR THE DEFENDANT'S HOME?

# 70 A:

YES, I DID.

# 71 Q:

AND THEY RESPONDED AND THEY GAVE YOU AN ANSWER; IS THAT CORRECT?

# 72 A:

YES.

# 73 Q:

AND BASED ON WHAT THEY TOLD YOU DID YOU CALL DETECTIVE PHILLIPS BACK AGAIN?

# 74 A:

YES, I DID.

# 75 Q:

RIGHT AFTER YOU SPOKE TO THEM?

# 76 A:

YES.

# 77 Q:

AND WHEN YOU SPOKE TO DETECTIVE PHILLIPS A SECOND TIME, WHAT DID YOU TELL HIM?

# 78 A:

I TOLD HIM THAT WESTEC INDICATED THEY DID NOT HAVE A KEY.

# 79 Q:

AND DID YOU INDICATE -- ALL RIGHT. THEN DID YOU CALL BACK TO DETECTIVE PHILLIPS AGAIN ABOUT TEN MINUTES LATER?

# 80 A:

APPROXIMATELY TEN MINUTES AFTER THAT PHONE CALL, YES, I DID.

# 81 Q:

AND AGAIN THIS IS ON A CELL PHONE?

# 82 A:

YES, IT IS.

# 83 Q:

AND WHY DID YOU CALL THAT TEN MINUTES LATER AGAIN?

# 84 A:

I WANTED TO FIND OUT IF -- IF ANYBODY -- IF A REPRESENTATIVE FROM THE WESTEC COMPANY HAD ARRIVED THERE BECAUSE I WAS TOLD THAT THERE WAS A TWO-MINUTE ETA TO GET SOMEBODY OUT THERE TO OUR DETECTIVES.

# 85 Q:

OKAY. SO NOW YOU HAD ASKED WESTEC FOR A KEY?

# 86 A:

THAT'S CORRECT.

# 87 Q:

AND DID YOU ASK -- AND BASED ON THEIR RESPONSE TO YOU DID YOU ASK FOR SOMEBODY ELSE?

# 88 A:

WELL, WHEN THEY TOLD ME THEY DIDN'T HAVE ONE, I ASKED THEM IF THEY COULD SEND A REPRESENTATIVE OUT THERE.

# 89 Q:

AND WHY?

# 90 A:

BECAUSE THE DETECTIVES NEEDED -- THEY FELT THEY NEEDED TO GET INTO THE RESIDENCE AND THEY MAY HAVE TO FORCE ENTRY IF THEY COULDN'T GET A KEY, AND IF THAT WAS THE CASE, THEY WANTED SOMEONE FROM WESTEC THERE.

KEY QUOTE

# 91 Q:

FOR WHAT PURPOSE?

# 92 A:

TO BE THERE WHEN THEY MADE FORCED ENTRY.

# 93 Q:

TO WITNESS IT?

# 94 A:

TO WITNESS IT, YES.

# 95 Q:

AND SO AFTER YOU DISCOVERED THAT THEY DID NOT HAVE A KEY, DID YOU CALL WESTEC OR HAVE ANOTHER CONVERSATION WITH WESTEC CONCERNING HAVING SOMEONE FROM WESTEC GO OUT TO THE PROPERTY?

# 96 A:

YES, I DID.

# 97 Q:

AND YOU WERE GIVEN SOME TIME ESTIMATE AS TO WHEN SOMEONE WOULD ARRIVE?

# 98 A:

YES. OPERATOR 48 TOLD ME IT WOULD BE ABOUT TWO MINUTES.

# 99 THE COURT:

WAIT, WAIT, WAIT. SERGEANT, LISTEN VERY CAREFULLY TO THE QUESTION. THE QUESTION WAS WERE YOU GIVEN SOME TIME ESTIMATE AS TO WHEN SOMEBODY ARRIVED. THE ANSWER TO THAT QUESTION IS EITHER YES OR NO; NOT WHAT THE ANSWER WAS. MISS CLARK.

KEY QUOTE

# 100 Q:

BY MS. CLARK: AND AFTER YOU GOT THAT INFORMATION DID YOU -- WAS THAT WHEN YOU CALLED DETECTIVE PHILLIPS BACK?

# 101 A:

THAT'S CORRECT.

# 102 Q:

AND YOU WERE CALLING FOR WHAT PURPOSE?

# 103 A:

TO INFORM HIM WHAT WESTEC TOLD ME.

# 104 Q:

AND THEN DID YOU ALSO CALL TO FIND OUT IF HE -- WHAT HAD HAPPENED, IF ANYONE HAD ARRIVED?

# 105 A:

YES, I DID.

# 106 Q:

NOW, YOU WERE AT THE WEST L.A. STATION, SIR?

# 107 A:

THAT'S CORRECT.

# 108 Q:

AND WAS IT REQUESTED OF YOU BY DETECTIVE PHILLIPS TO MAKE CONTACT WITH THE CHILDREN, SYDNEY AND JUSTIN?

# 109 A:

YES, HE ASKED ME THAT.

# 110 Q:

AND WHAT WERE YOU DOING AT HIS REQUEST?

# 111 A:

PER HIS REQUEST I WENT IN AND CHECKED ON THE CHILDREN.

# 112 Q:

MORE THAN ONCE?

# 113 A:

NO, I JUST DID IT ONCE. I HAD CHECKED --

# 114 Q:

I'M SORRY?

# 115 A:

I DID IT TWICE ACTUALLY THAT EVENING, BUT ONLY ONCE TO DETECTIVE PHILLIPS' REQUEST.

# 116 Q:

OKAY. AND WAS THAT TO MAKE SURE THEY WERE ALL RIGHT?

# 117 A:

THAT'S CORRECT.

# 118 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

# 119 THE COURT:

CERTAINLY.

# 120 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 121 MS. CLARK:

I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (3)

Sergeant Rossi

BECAUSE THE DETECTIVES NEEDED -- THEY FELT THEY NEEDED TO GET INTO THE RESIDENCE AND THEY MAY HAVE TO FORCE ENTRY IF THEY COULDN'T GET A KEY, AND IF THAT WAS THE CASE, THEY WANTED SOMEONE FROM WESTEC THERE.

Establishes that detectives were anticipating forced entry at Rockingham, relevant to the legality and circumstances of their arrival at the property.

Sergeant Rossi

HE INDICATED THAT HE DID NOT SHOW THAT MR. SIMPSON WAS OUT OF TOWN.

Westec's records placed Simpson in town that night, corroborating the prosecution's narrative that he had no alibi absence from Los Angeles.

Lance A. Ito

SERGEANT, LISTEN VERY CAREFULLY TO THE QUESTION. THE QUESTION WAS WERE YOU GIVEN SOME TIME ESTIMATE AS TO WHEN SOMEBODY ARRIVED. THE ANSWER TO THAT QUESTION IS EITHER YES OR NO; NOT WHAT THE ANSWER WAS.

Judge repeatedly had to rein in the witness for volunteering hearsay content rather than just answering yes/no, reflecting sustained hearsay concerns from the defense.

Evidence (1)

People's 61

Paper with the West L.A. watch commander's private telephone number, written down by Rossi during testimony to avoid publicizing it in open court.

introduced and marked for ID

Notable Exchanges (2)

F. Lee Bailey•Lance A. Ito

Bailey repeatedly objected to Rossi testifying about the content of his conversations with Westec operators, arguing only the result (key/no key, in/out of town) was relevant — not the hearsay back-and-forth. Ito sustained all three objections and independently instructed Rossi to limit answers.

strategic

Lance A. Ito•Sergeant Rossi

Judge twice intervened mid-answer to instruct Rossi to answer only what was asked and not volunteer information — once when Rossi tried to relay Westec's response and once when he offered the two-minute ETA unprompted.

procedural

Light Moments (1)

Marcia Clark

Clark warned Rossi not to write his private phone number aloud on the record, joking he'd start getting 10,000 calls a day on his private line.

Witness Demeanor

(WITNESS COMPLIES.) — wrote phone number on pad as instructed

Rossi self-corrected mid-answer, saying 'North or South Bundy' then catching himself: 'Excuse me, Rockingham.'

Objections

3 objections (3 sustained, 0 overruled)

Proceeding 4830 • 121 utterances • Prosecution witness

Criminal Trial

Department 103