Marcia Clark conducts redirect examination of first-responding patrol officer Robert Riske, focusing on rehabilitating him by clarifying the strict division of duties between patrol officers and investigating officers — Riske's job was to secure the scene and notify, not to collect evidence or direct photographers. Clark also addresses the ice cream cup timeline questions raised by the defense, explains Riske's use of Nicole's phone (to avoid media scanners picking up news of a celebrity homicide), and closes by revealing that a defense exhibit photograph had its 'American Journal' TV logo blanked out — implying the photo was taken by media after the crime scene was released.
# 1 OFF. ROBERT RISKE: THANK YOU, SIR.
# 2 THE COURT: REDIRECT, MISS CLARK.
# 5 Q: GOOD MORNING, OFFICER RISKE.
# 7 Q: OFFICER RISKE, YOU GOT ASKED A WHOLE LOT OF QUESTIONS ABOUT WHAT YOU HAVE DONE IN THIS INVESTIGATION JUST NOW BY COUNSEL, DIDN'T YOU?
# 9 Q: WHAT IS YOUR JOB, SIR?
# 10 A: RESPOND TO THE CALL, SECURE THE SCENE, TO MAKE NOTIFICATIONS.
# 11 Q: YOU ARE A PATROL OFFICER, RIGHT?
# 13 Q: AND HAVE YOU EVER HEARD OF THE TITLE OF INVESTIGATING OFFICER?
# 15 Q: CAN YOU TELL US, IS THERE A DIFFERENCE IN THE DUTIES BETWEEN AN INVESTIGATING OFFICER AND A PATROL OFFICER?
# 17 Q: TELL US, WHAT IS AN INVESTIGATING OFFICER SUPPOSED TO DO.
# 18 A: JUST INVESTIGATE THE CRIME, TAKE COPIOUS NOTES AND LOOK AT THE EVIDENCE AND WRITE IT DOWN.
# 19 Q: AND DOES HE DIRECT THE CRIMINALIST AND TELL THEM WHAT EVIDENCE TO COLLECT?
# 21 Q: AND DOES HE DIRECT THE PHOTOGRAPHER AND TELL HIM WHAT PICTURES TO TAKE?
# 22 MR. COCHRAN: YOUR HONOR, THIS IS LEADING AND SUGGESTIVE.
# 23 THE COURT: SUSTAINED. IT IS ALSO HE OR SHE.
# 24 MS. CLARK: HE OR SHE.
# 25 MR. COCHRAN: THE PERSON.
# 26 MS. CLARK: A PERSON. SORRY.
# 27 Q: WHAT -- WHO TELLS THE PHOTOGRAPHER WHAT PHOTOGRAPHS TO TAKE?
# 29 Q: THE INVESTIGATING OFFICER?
# 31 Q: AND WHO TELLS THE CRIMINALIST WHAT EVIDENCE TO COLLECT?
# 32 A: THE INVESTIGATING OFFICER.
# 33 Q: AND WHO TELLS THE PRINT PEOPLE WHERE TO TAKE FINGERPRINTS AND DUST FOR PRINTS?
# 34 A: THE INVESTIGATING OFFICER.
# 35 Q: AND WHO IS SUPPOSED TO OVERSEE THE COORDINATION WITH THE REMOVAL OF THE BODY BY THE CORONER?
# 36 A: THE INVESTIGATING OFFICER.
# 37 Q: DO YOU -- ARE YOU SUPPOSED TO HAVE ANYTHING TO DO WITH ANY OF THAT STUFF?
# 38 A: NOT IN THIS INSTANCE, NO.
# 39 Q: AT THIS CRIME SCENE YOU WERE THE PATROL OFFICER WHO HAPPENED TO BE THE FIRST ONE THERE?
# 41 Q: SO NONE OF THOSE THINGS ARE SUPPOSED TO BE DONE BY YOU?
# 43 Q: AND THAT IS PROPER PROCEDURE, NOT FOR IT TO BE DONE BY YOU?
# 45 Q: AND IS IT PART OF YOUR DUTIES TO OBSERVE AND MAKE SURE THAT ALL OF THESE THINGS WE HAVE JUST MENTIONED ARE DONE?
# 47 Q: IS IT YOUR DUTY TO WATCH AND SEE WHAT IS BEING DONE BY THE PRINT PEOPLE OR THE CRIMINALIST OR A PHOTOGRAPHER OR CORONER?
# 49 MR. COCHRAN: COMPOUND QUESTION, YOUR HONOR.
# 50 THE COURT: OVERRULED.
# 51 Q: BY MS. CLARK: NOW, THE FACT THAT YOU DID NOT SEE PHOTOGRAPHS BEING TAKEN INSIDE THE HOUSE, DOES THAT MEAN THAT THEY WEREN'T TAKEN?
# 53 Q: DID YOU STAND GUARD INSIDE THE HOUSE TO WATCH WHERE THE PHOTOGRAPHER WENT?
# 55 Q: DID YOU STAND GUARD BEHIND THE HOUSE TO WATCH AND SEE WHAT THE PHOTOGRAPHER TOOK PICTURES OF?
# 57 Q: DID YOU STAND GUARD IN FRONT OF THE HOUSE TO SEE WHAT THE PHOTOGRAPHER TOOK PICTURES OF?
# 59 Q: OTHER THAN TAKING PHOTOGRAPHS OF BLOODY SHOEPRINTS, CAN YOU THINK OF ANY OTHER WAY TO PRESERVE THEM?
# 60 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR. ARGUMENTATIVE, LEADING AND SUGGESTIVE.
# 61 THE COURT: OVERRULED.
# 62 OFF. ROBERT RISKE: NO.
# 63 Q: BY MS. CLARK: HAVE YOU EVER SEEN ANYBODY GO AND BREAK UP THE CONCRETE TO TAKE THE PIECES OF CONCRETE SO YOU CAN PRESERVE SHOE PRINTS?
# 65 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.
# 66 THE COURT: SLOW DOWN, MISS CLARK.
# 68 Q: NOW, YOUR OBSERVATIONS AT THE CRIME SCENE, SIR, ARE YOU THERE TO CLOSELY EXAMINE THE BODIES?
# 70 Q: WHAT ARE YOU THERE TO DO WHEN YOU MAKE YOUR OBSERVATIONS AS FIRST OFFICER ON THE SCENE?
# 71 A: NOTIFY THE INVESTIGATING OFFICER OF MY OBSERVATIONS AND SECURE THE SCENE AND MAKE SURE NOTHING GETS MOVED.
# 72 Q: SO WHEN YOU FOUND THAT THE DOOR -- PASSENGER DOOR OF THE JEEP WAS NOT FULLY LOCKED, WOULD IT HAVE BEEN PROPER FOR YOU --
# 73 MR. COCHRAN: MISSTATES THE EVIDENCE, YOUR HONOR. NOT FULLY CLOSED, NOT FULLY LOCKED.
# 74 THE COURT: WE DON'T KNOW IF IT WAS LOCKED. THAT IS A CONCLUSION. IT WAS AJAR WAS HIS TESTIMONY.
# 75 MS. CLARK: THANK YOU, YOUR HONOR. I'M SORRY. I DON'T --
# 76 Q: YOU DIDN'T KNOW WHETHER IT WAS LOCKED OR NOT?
# 78 Q: HOW WAS IT THEN THAT YOU MADE THE OBSERVATION -- TELL US WHAT YOU SAW ABOUT THAT DOOR THAT MADE YOU THINK IT WASN'T FULLY CLOSED.
# 79 A: THERE WAS A GAP PROBABLY AN INCH AND A HALF, TWO INCHES, BETWEEN THE DOOR AND THE BODY OF THE VEHICLE.
# 80 Q: OKAY. THEN IF IT WAS -- IF THERE WAS A GAP SO THAT THE DOOR IS PARTIALLY OPENED, CAN YOU TELL US HOW IT COULD BE LOCKED?
# 81 A: I DON'T MEAN IT WAS PARTIAL -- I MEAN IT WAS CLOSED, BUT NOT CLOSED ALL THE WAY.
# 82 Q: OKAY. IF IT WAS CLOSED ALL THE WAY, CAN YOU THINK OF A WAY IT COULD BE LOCKED?
# 83 MR. COCHRAN: OBJECTION, YOUR HONOR. CALLS FOR SPECULATION.
# 84 THE COURT: DO YOU KNOW?
# 85 OFF. ROBERT RISKE: I DON'T KNOW IF IT WAS LOCKED OR NOT, NO.
# 86 Q: BY MS. CLARK: HAVE YOU EVER BEEN SENT TO -- YOU HAVE HAD EXPERIENCE WITH CARS? YOU HAVE DRIVEN A FEW, RIGHT?
# 88 Q: STILL DRIVING A CAR?
# 90 Q: OKAY. HAVE YOU EVER BEEN ABLE TO LOCK THE DOOR WHEN IT HASN'T BEEN FULLY CLOSED?
# 92 MR. COCHRAN: YOUR HONOR, I OBJECT TO THE FORM OF THAT QUESTION.
# 93 THE COURT: OVERRULED. IT IS ALSO A MATTER OF COMMON EXPERIENCE. EVERYBODY HERE DRIVES A CAR. WE ARE IN L.A.
KEY QUOTE # 94 MS. CLARK: THAT'S TRUE.
# 95 Q: WOULD IT HAVE BEEN PROPER FOR YOU TO GO AND TRY TO OPEN THAT DOOR?
# 98 A: BECAUSE I WOULD GET MY FINGERPRINTS ON THE DOOR AND IT WOULD DISRUPT THE INTEGRITY OF THE CRIME SCENE AGAIN.
# 99 Q: AND YOU WANT TO MAKE SURE THAT YOU DON'T DO THAT UNTIL PRINT PEOPLE COME AND TRY AND LIFT PRINTS?
# 101 Q: AND YOU DIDN'T SEE THE PRINT PEOPLE TRY AND GET PRINTS OFF THE CAR, DID YOU?
# 103 Q: THAT DOESN'T MEAN IT DIDN'T HAPPEN?
# 105 Q: YOU JUST DIDN'T SEE IT?
# 106 A: I DIDN'T SEE IT.
# 107 Q: AND WITH REGARD TO THE ICE CREAM, YOU DIDN'T LIFT THAT CUP?
# 109 Q: YOU DIDN'T TRY AND TASTE THE ICE CREAM?
# 111 Q: WOULD IT HAVE BEEN PROPER FOR YOU TO DO THAT?
# 114 A: BECAUSE AGAIN IT COULD DISRUPT THE INTEGRITY OF THE CRIME SCENE. I JUST MAKE NOTE OF IT AND LEAVE IT ALONE.
# 115 Q: LEAVE IT THERE FOR THE INVESTIGATING OFFICER OR HANDLING DETECTIVES TO OBSERVE?
# 117 Q: NOW, ABOUT THAT ICE CREAM? DID YOU HAVE ANY WAY OF KNOWING HOW FROZEN IT WAS WHEN IT WAS PURCHASED?
# 119 Q: DO YOU KNOW WHETHER IT WAS YOGURT OR ICE CREAM?
# 121 Q: COULD YOU TELL BY LOOKING AT IT?
# 123 Q: DO YOU KNOW WHETHER NICOLE BROWN PUT IT INTO THE FREEZER WHEN SHE GOT HOME AND TOOK IT OUT JUST BEFORE SHE WENT OUTSIDE AND WAS ATTACKED?
# 124 MR. COCHRAN: OBJECT TO THE FORM OF THIS, YOUR HONOR. TOTAL SPECULATION ON COUNSEL'S PART.
# 125 MS. CLARK: AS COUNSEL'S QUESTIONS.
# 126 THE COURT: OVERRULED.
# 127 Q: BY MS. CLARK: DO YOU KNOW HOW LONG IT TAKES FOR THAT PARTICULAR BRAND TO MELT?
# 129 Q: DO YOU KNOW HOW -- DO YOU KNOW WHETHER IT WAS FROZEN IN THE MIDDLE AND MAYBE MELTED AROUND THE SIDES?
# 130 A: THERE APPEARED TO BE A LITTLE BIT OF MASS IN THE MIDDLE WITH FLUID SURROUNDING IT, BUT I DON'T KNOW. LIKE I SAID, I DIDN'T TOUCH IT.
# 131 Q: SO YOU DON'T KNOW WHETHER THE CORE WAS STILL FROZEN?
# 133 Q: DO YOU KNOW ANY WAY TO TELL THE DIFFERENCE OF ICE CREAM THAT HAS BEEN MELTED FOR TWO VERSUS TWO AND A HALF HOURS?
# 135 Q: OR TWO AND A HALF HOURS AND TWO HOURS AND FIFTEEN MINUTES?
# 137 Q: DO YOU KNOW HOW ANYBODY COULD TELL THE DIFFERENCE BETWEEN THAT?
# 138 MR. COCHRAN: OBJECT TO HOW ANYBODY COULD. CALLS FOR SPECULATION.
# 139 OFF. ROBERT RISKE: NO.
# 140 THE COURT: SUSTAINED, SUSTAINED.
# 141 Q: BY MS. CLARK: ALL RIGHT. NOW, YOU HAVE A DUTY TO -- WHAT IS YOUR DUTY WITH RESPECT TO -- WHAT IS YOUR DUTY WITH RESPECT TO WRITING THE NOTES ON WHAT YOU OBSERVED AT THE CRIME SCENE?
# 142 A: JUST GENERAL INFORMATION, BASIC NOTES.
# 143 Q: AND SO IT IS A GENERAL OBSERVATION OF WHAT YOU SAW?
# 145 Q: WHOSE DUTY IS IT TO WRITE THE MORE DETAILED CRIME SCENE NOTES?
# 146 A: THE INVESTIGATING OFFICER.
# 147 Q: OKAY. NEVERTHELESS, DID YOU NOTICE ANYTHING WITH RESPECT TO THE SPOON THAT WAS IN THAT ICE CREAM?
# 148 A: THAT IT WAS ON THE FLOOR.
# 149 Q: AS THOUGH IT HAD -- THE ICE CREAM HAD MELTED AND IT FELL OUT?
# 150 MR. COCHRAN: OBJECT, YOUR HONOR. THAT CALLS FOR SPECULATION.
# 151 THE COURT: SUSTAINED.
# 152 Q: BY MS. CLARK: WAS THE SPOON NEAR WHERE THE ICE CREAM WAS ON THE BANISTER?
# 153 A: IT WAS ON THE FLOOR DIRECTLY UNDERNEATH THE ICE CREAM.
# 154 Q: OKAY. WITH RESPECT TO ANY RING THAT MIGHT HAVE BEEN UNDERNEATH THE CUP, DO YOU HAVE ANY WAY OF KNOWING WHETHER SHE USED TO REST CUPS ON THAT BANISTER A LOT?
# 155 MR. COCHRAN: CALLS FOR SPECULATION, YOUR HONOR.
# 156 THE COURT: SUSTAINED.
# 157 Q: BY MS. CLARK: OKAY. NOW, YOU DIDN'T SEE ALL OF THE PHOTOGRAPHS THAT WERE TAKEN, DID YOU?
# 159 Q: AND THE SPOON THAT WAS NEAR THE -- THAT WAS ON THE GROUND, WHAT DID THAT APPEAR TO BE TO YOU?
# 160 A: IT WAS A PINK PLASTIC SPOON.
# 161 Q: OKAY. DID YOU ASSOCIATE THAT SPOON WITH THE ICE CREAM CUP?
# 164 A: GENERALLY WHEN YOU GO GET ICE CREAM THAT IS THE COLOR OF SPOON YOU GET, PINK PLASTIC SPOON.
# 165 Q: UH-HUH. AND DID YOU -- DID YOU DETERMINE WHY THAT SPOON WAS ON THE GROUND NEXT TO THE CUP?
# 167 Q: DID YOU HAVE -- DID YOU PASS ON ANY OBSERVATION WITH RESPECT TO THAT?
# 168 A: I TOLD THE INVESTIGATING OFFICER IT LOOKED LIKE IT JUST FELL OUT WHEN THE ICE CREAM MELTED.
# 169 Q: NOW, YOU INDICATED THAT YOU DIDN'T KNOW WHAT EFFORTS HAD BEEN MADE TO NOTIFY THE FAMILY OF RON GOLDMAN OR THE FAMILY OF NICOLE BROWN?
# 171 Q: AT THE TIME THAT YOU WERE AT THE CRIME SCENE, SIR, DID YOU OR ANYONE THAT YOU KNEW OF KNOW NICOLE'S MAIDEN NAME?
# 172 A: I ALSO BELIEVE I RAN THE LICENSE PLATE ON THE FERRARI THAT SAID NICOLE BROWN SIMPSON.
# 173 Q: AND FROM THAT WERE YOU ABLE TO DETERMINE WHERE HER FAMILY WAS?
# 175 Q: AT THE TIME THAT YOU WERE AT THE CRIME SCENE, SIR, DID ANYONE KNOW THE IDENTITY OF RON GOLDMAN?
# 176 A: NOT THAT I AM AWARE OF, NO.
# 177 Q: SO AT THE TIME THAT YOU WERE THERE, DID ANYONE KNOW HOW TO MAKE CONTACT WITH HIS FAMILY?
# 179 Q: AND YOU INDICATED THAT WHEN YOU FIRST ENTERED THE CONDOMINIUM YOU THOUGHT THAT MR. SIMPSON WAS INVOLVED AND BY THAT YOU MEANT --
# 180 A: I MEANT MAYBE A RELATIVE OR A FRIEND OR MAYBE A POTENTIAL VICTIM.
# 181 Q: SO YOU THOUGHT HE WAS A RELATIVE OR A FRIEND OF ONE OF THE VICTIMS?
# 183 Q: BECAUSE OF WHAT YOU SAW INSIDE THE CONDOMINIUM?
# 185 Q: ALL RIGHT. NOW, YOU DID NOT SEE ALL OF THE PHOTOGRAPHS THAT WERE TAKEN IN THIS CASE; IS THAT RIGHT?
# 187 Q: AND YOU WEREN'T PRESENT WHEN -- SO YOU HAVE NO IDEA WHEN SOME OF THE PHOTOGRAPHS HAVE BEEN TAKEN THAT WERE SHOWN TO YOU?
# 188 MR. COCHRAN: YOUR HONOR, THAT HAS BEEN ASKED AND ANSWERED SEVERAL TIMES ON REDIRECT.
# 190 MS. CLARK: I'M SORRY, YOUR HONOR. I WON'T DO IT. IT IS FOUNDATIONAL. I'M GOING INTO ANOTHER AREA.
# 191 THE COURT: ALL RIGHT. PROCEED. THANK YOU.
# 192 Q: BY MS. CLARK: IN YOUR EXPERIENCE, SIR, ARE PHOTOGRAPHS TAKEN BOTH BEFORE AND AFTER THE CORONER ARRIVES?
# 194 Q: AND HAS IT EVER OCCURRED IN YOUR EXPERIENCE THAT REMOVAL OF BODIES FROM A SCENE WILL CAUSE SOME EVIDENCE CLOSE TO THE BODIES TO BE DISTURBED?
# 195 A: IN MY EXPERIENCE THEY HAVE ACTUALLY PICKED UP THE EVIDENCE AND TAGGED WHERE IT WAS AT, REMOVED THE BODY AND PUT THE EVIDENCE BACK AND TOOK PHOTOGRAPHS.
# 196 Q: BUT IN YOUR EXPERIENCE HAVE THEY TAKEN PHOTOGRAPHS BEFORE THE BODIES WERE REMOVED?
# 198 Q: AND IN ORDER TO PRESERVE IT EXACTLY AS IT WAS FOUND?
# 200 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, WHY?
# 201 THE COURT: OVERRULED.
# 202 Q: BY MS. CLARK: I'M SORRY, YOUR ANSWER WAS YES?
# 204 Q: THEN PHOTOGRAPHS ARE TAKEN AFTER THE BODIES ARE REMOVED?
# 206 MS. CLARK: MAY I HAVE A MOMENT, YOUR HONOR?
# 207 THE COURT: CERTAINLY.
# 208 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 209 Q: BY MS. CLARK: BY THE WAY, SIR, WHAT WAS IT AGAIN ON -- I APOLOGIZE IF I HAVE ASKED THIS, I DON'T REMEMBER, BECAUSE THIS IS NOT FROM TODAY. WHAT WAS IT YOU SAW IN THE CONDOMINIUM THAT MADE YOU BELIEVE THAT MR. SIMPSON WAS RELATED TO ONE OF THE VICTIMS?
# 210 A: THERE WAS A LITHOGRAPH OF MR. SIMPSON ON THE NORTH WALL. THERE WAS SOME FAMILY PHOTOS AND THEN THE LETTER WITH THE RETURN ADDRESS.
KEY QUOTE # 211 MS. CLARK: THANK YOU, SIR.
# 212 Q: NOW, YOU WERE NOT WEARING GLOVES, WERE YOU, SIR?
# 214 Q: AND DETECTIVE MARK FUHRMAN, HE WAS NOT WEARING GLOVES, WAS HE?
# 215 A: NOT WHILE I WAS THERE, NO.
# 216 Q: OKAY. AND SERGEANT ROSSI WAS NOT WEARING GLOVES?
# 218 Q: AND THE DETECTIVES WERE NOT WEARING GLOVES WHILE YOU WERE THERE?
# 220 Q: WERE THEY HANDLING THE EVIDENCE?
# 221 A: NOT WHILE I WAS THERE, NO.
# 222 Q: WERE THEY COLLECTING THE EVIDENCE?
# 224 Q: WERE THEY DUSTING FOR PRINTS?
# 225 A: NO, THEY WEREN'T.
# 226 Q: WERE THEY LIFTING BLOOD SPOTS?
# 228 Q: SIR, YOU INDICATED THAT YOU DID NOT TOUCH THE JEEP AND YOU DID NOT TOUCH THE CUP, IN ORDER TO MAKE SURE THAT EVERYTHING WAS PRESERVED?
# 230 Q: SO THAT YOU WOULDN'T GET YOUR PRINTS ON IT?
# 232 Q: HOW MUCH TRAINING DID IT TAKE FOR YOU TO FIGURE OUT THAT YOU SHOULDN'T TOUCH EVIDENCE BEFORE THE CRIMINALIST EXAMINES IT?
# 233 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR. THAT IS HER OWN WITNESS. THAT IS A SARCASTIC, ARGUMENTATIVE QUESTION.
# 234 THE COURT: IT IS AN ARGUMENTATIVE QUESTION FOR YOUR OWN WITNESS.
# 235 Q: BY MS. CLARK: DID IT TAKE A LOT OF TRAINING FOR YOU TO FIGURE THAT OUT?
# 237 Q: TO THE BEST OF YOUR KNOWLEDGE DO ALL OF THESE DETECTIVES KNOW THAT AS WELL?
# 238 MR. COCHRAN: OBJECT. THAT CALLS FOR SPECULATION, WHAT THEY KNOW.
# 239 THE COURT: SUSTAINED, SUSTAINED.
# 240 Q: BY MS. CLARK: THE PURPOSE OF YOUR SEARCH INSIDE THE RESIDENCE, SIR, WAS THAT TO EXAMINE IT FOR EVIDENCE?
# 242 Q: WHAT WERE YOU DOING IN THERE?
# 243 A: LOOKING FOR ANY OTHER VICTIMS OR A SUSPECT.
KEY QUOTE # 244 Q: SO YOU WERE JUST TRYING TO CLEAR IT IN CASE THERE WAS SOMEBODY IN PERIL OR THERE WAS A SUSPECT INSIDE?
# 246 Q: YOU WERE ASKED BY COUNSEL ABOUT THE STAR 69 FEATURE ON THE TELEPHONE?
# 248 Q: THAT IS THE FEATURE THAT REGISTERS INCOMING CALLS AND IT WILL IMMEDIATELY CONNECT THE CALLER TO THE LAST PERSON WHO CALLED?
# 249 A: I DON'T EVEN KNOW WHAT THAT IS.
# 250 Q: OKAY. THEN ARE YOU AWARE THAT NO MATTER HOW MANY OUTGOING CALLS ARE MADE THAT IT WOULD NOT DISRUPT THAT FEATURE BECAUSE IT REGISTERS INCOMING CALLS?
# 251 MR. COCHRAN: COUNSEL IS TESTIFYING. THAT IS IMPROPER AND SHE KNOWS IT.
# 252 THE COURT: SUSTAINED, SUSTAINED. HE JUST TESTIFIED HE HAD NO IDEA WHAT IT IS.
# 253 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL AND THE DEFENDANT.) # 254 MS. CLARK: CAN WE APPROACH, YOUR HONOR?
# 255 THE COURT: SURE, WITHOUT THE REPORTER.
# 256 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.) # 257 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:) # 258 THE COURT: LADIES AND GENTLEMEN, WHAT WE HAVE HERE, YOU WILL NOTICE THAT WE ALL HAVE COMPUTER SCREENS ON OUR DESKS. THE ATTORNEYS HAVE THEM, I HAVE THEM. THIS IS SO THAT WHEN THE TESTIMONY IS TAKEN DOWN BY THE COURT REPORTER, WE HAVE AN IMMEDIATE READOUT AS TO WHAT THE TESTIMONY IS SO THAT I CAN GO BACK AND CHECK THE LAST QUESTION OR CLARIFY THINGS AND THE ATTORNEYS HAVE THE SAME THING. AND UNFORTUNATELY THE PROSECUTOR'S CONNECTOR CAME APART.
# 259 REPORTER OLSON: WOULD YOU LIKE TO ME FIX IT?
# 260 THE COURT: YES, PLEASE.
# 262 THE COURT: MISS CLARK, ARE YOU ON LINE?
# 263 MS. CLARK: YES. I THINK SO. THANK YOU, YOUR HONOR.
# 264 THE COURT: ALL RIGHT.
# 265 Q: YOU INDICATED, SIR, THAT YOU USED THE TELEPHONE INSIDE MISS BROWN'S CONDOMINIUM WHEN YOU FIRST WENT INSIDE?
# 267 Q: BUT YOU HAD A ROVER WITH YOU?
# 269 Q: WHY DID YOU USE THE PHONE?
# 270 A: BECAUSE OUR ROVERS DON'T HAVE TELEPHONE CAPABILITY AND WE DON'T HAVE PHONES IN OUR CARS AND I DIDN'T WANT TO BROADCAST OVER MY ROVER THAT THERE WAS A POSSIBLE DOUBLE HOMICIDE INVOLVING A CELEBRITY.
# 271 Q: WHY NOT? WHY DIDN'T YOU WANT TO USE YOUR ROVER TO DO THAT?
# 272 A: BECAUSE THE MEDIA WOULD BEAT MY BACK-UP THERE.
KEY QUOTE # 274 A: THE MEDIA WOULD HAVE BEAT ALL THE ADDITIONAL OFFICERS THERE.
# 275 Q: THEY WOULD HAVE GOTTEN THERE BEFORE THE ADDITIONAL OFFICERS?
# 278 A: BECAUSE EVERYBODY KNOWS THEY DRIVE AROUND WITH SCANNERS AND THEY RESPOND TO CALLS, AND I DIDN'T WANT THEM TO GET THERE BEFORE WE HAD A CRIME SCENE SET UP.
# 279 Q: SO THE MEDIA HAS THE FREQUENCY OF YOUR ROVER?
# 281 Q: HAS THAT HAPPENED TO YOU BEFORE, THAT THEY HAVE PICKED UP ON YOUR ROVER?
# 283 Q: THE SHOES THAT YOU WORE AT THE CRIME SCENE, SIR, DID SOMEONE LATER PHOTOGRAPH THE SOLES OF THOSE SHOES SO THEY COULD BE COMPARED TO THE BLOODY SHOEPRINTS FOUND AT THE SCENE?
# 285 Q: AND WHO WAS IT THAT DID THAT?
# 286 A: DETECTIVE PHILLIPS.
# 287 Q: AND WHEN DID HE DO THAT?
# 288 A: IT WAS EITHER LATER THAT EVENING OR THE NEXT DAY.
# 289 Q: SIR, DO YOU RECALL, YOU WERE SHOWN A PHOTOGRAPH OF AN OFFICER WALKING UP THE WALKWAY BY DEFENSE COUNSEL LAST WEEK?
# 291 Q: AND DO YOU RECALL SEEING THE LOGO OF AMERICAN JOURNAL AT THE BOTTOM OF THAT PHOTOGRAPH?
# 292 A: I DON'T BELIEVE WHEN I SAW IT THERE, NO.
# 293 Q: YOU DIDN'T SEE IT ON THE PHOTOGRAPH?
# 294 A: I SAW IT ON THE PHOTOGRAPH UPSTAIRS, BUT NOT -- I DON'T RECALL SEEING IT ON THE ONE HERE.
# 295 Q: OKAY. THE PHOTOGRAPH YOU SAW UPSTAIRS, DID THAT SEEM TO BE THE SAME ONE THAT MR. COCHRAN SHOWED YOU?
# 297 MR. COCHRAN: I OBJECT TO THE FORM OF THAT QUESTION. I DON'T KNOW ANYTHING ABOUT AMERICAN JOURNAL.
# 298 THE COURT: OVERRULED.
# 299 MS. CLARK: DID THE DEFENSE MARK A PRINT OF THAT?
# 300 THE COURT: YES. IT HAS THE BROADCAST I.D. ON THE LOWER RIGHT-HAND CORNER BLOCKED OUT.
# 301 MS. CLARK: OF AMERICAN JOURNAL?
# 303 MS. CLARK: YOU DON'T KNOW? LET ME SEE.
# 304 THE COURT: NO IDEA.
# 306 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 307 THE COURT: MISS CLARK.
# 308 MS. CLARK: THANK YOU. MAY I APPROACH, YOUR HONOR?
# 310 Q: BY MS. CLARK: SHOWING YOU WHAT HAS BEEN MARKED AS DEFENSE 1011, DO YOU SEE THIS PHOTOGRAPH, SIR?
# 312 Q: IS THAT THE ONE YOU RECOGNIZE THAT MR. COCHRAN SHOWED YOU BEFORE?
# 314 Q: YOU SEE THIS LITTLE BOX DOWN HERE IN THE RIGHT-HAND CORNER?
# 316 Q: IT IS BLANKED OUT IN THIS PHOTOGRAPH, ISN'T IT?
# 318 MS. CLARK: YOUR HONOR, I HAVE A PHOTOGRAPH THAT I WOULD LIKE TO BE MARKED AS PEOPLE'S NEXT IN ORDER.
# 320 MS. CLARK: 57. THANK YOU.
# 321 (PEO'S 57 FOR ID = PHOTOGRAPH) # 322 MS. CLARK: SHOW IT TO COUNSEL.
# 324 Q: BY MS. CLARK: MAY I SHOW YOU, SIR, PEOPLE'S 57.
# 326 Q: DO YOU RECALL SEEING THAT UPSTAIRS?
# 328 Q: AND DOES THAT APPEAR TO BE A COPY OF THE SAME PHOTOGRAPH YOU WERE SHOWN IN DEFENDANT'S 1011?
# 330 Q: NOW, INSTEAD OF HAVING THAT BLANKED OUT GRAY BOX THAT YOU HAVE IN THE DEFENDANT'S EXHIBIT, YOU HAVE "AMERICAN JOURNAL" SHOWN IN THAT SAME AREA WHERE THAT BOX IS BLANK?
KEY QUOTE # 332 Q: AND IN THE PEOPLE'S EXHIBIT THEN IT SHOWS YOU THAT IT IS AN AMERICAN JOURNAL PHOTOGRAPH?
# 334 Q: AND YOU SAID THAT THERE WERE NO MEDIA THERE WHEN YOU WERE PRESENT; IS THAT RIGHT?
# 336 Q: ARE YOU AWARE OF WHAT AMERICAN JOURNAL IS, SIR?
# 337 A: IT IS A NEWS MAGAZINE OR A NEWS SHOW.
# 340 Q: NOW, YOU HAVE NO IDEA WHEN THAT PHOTOGRAPH WAS TAKEN, DO YOU?
# 342 Q: BECAUSE YOU WEREN'T PRESENT WHEN ANY MEDIA WAS PRESENT, WERE YOU?
# 344 Q: NOW, AT SOME POINT IN YOUR EXPERIENCE, SIR, AFTER EVIDENCE IS COLLECTED AND THE CRIMINALIST AND THE PHOTOGRAPHER FINISH THEIR WORK AT THE CRIME SCENE, WHAT HAPPENS TO THAT CRIME SCENE?
# 345 A: TEAR IT DOWN, RELEASE IT.
# 346 Q: YOU RELEASE THE CRIME SCENE?
# 348 Q: AND IF YOU DIDN'T DO THAT I GUESS ALL OF L.A. WOULD BE TAPED OFF, WOULDN'T IT?
# 349 MR. COCHRAN: OBJECT TO THE FORM OF THAT, YOUR HONOR.
# 350 THE COURT: SUSTAINED.
# 351 Q: BY MS. CLARK: SO AT SOME POINT THE CRIME SCENE IS BROKEN DOWN?
# 352 MR. COCHRAN: ASKED AND ANSWERED, YOUR HONOR.
# 353 OFF. ROBERT RISKE: RIGHT.
# 354 THE COURT: OVERRULED.
# 355 Q: BY MS. CLARK: AND AT THE POINT THAT YOU LEFT AT 7:15 -- WAS THAT 7:15, SIR?
# 357 Q: -- WERE THERE ANY OFFICERS WALKING ON THAT WALKWAY?
# 359 Q: AND IT WAS STILL TAPED OFF?
# 361 Q: AND WHEN YOU WERE THERE THE CRIME SCENE WAS MAINTAINED WITH THAT TAPE?
# 363 Q: DID YOU SEE ANYONE, ANYONE WALK ON THAT WALKWAY WHERE THE BLOOD WAS AS SHOWN IN THAT PHOTOGRAPH?
# 365 Q: AND YOU DON'T KNOW WHEN THAT PHOTOGRAPH WAS TAKEN?
# 367 Q: NOW, WHILE THE CRIME SCENE TAPE IS STILL UP, BEFORE THE CRIMINALIST OR THE PHOTOGRAPHER OR THE PRINT PEOPLE COME IN AND THE INVESTIGATING OFFICERS COME IN TO DO THEIR WORK, DO YOU JUST LET ANY CURIOUS COP WALK IN THERE AND CHECK OUT THE CRIME SCENE?
# 370 A: MAKE SURE PEOPLE STAY OUT OF IT.
# 371 Q: WHO IS ALLOWED IN, INTO THE TAPE?
# 372 A: THE INVESTIGATING OFFICERS.
# 373 Q: SO WHOEVER IS JUST NECESSARY TO MAINTAIN SECURITY AND DO THE INVESTIGATION WHO IS ASSIGNED THE CASE?
# 375 Q: SIR, MR. COCHRAN SHOWED YOU SOME PHOTOGRAPHS LAST WEEK. I WOULD LIKE TO SHOW THEM TO YOU NOW, IF YOU DON'T MIND.
# 376 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 377 MS. CLARK: DO YOU WANT TO CUT THE FEED, YOUR HONOR? I'M SORRY. THIS IS PEOPLE'S --
# 378 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 379 THE COURT: MISS CLARK, DO WE KNOW WHAT PHOTOGRAPH THIS IS?
# 380 MS. CLARK: I THINK IT IS PEOPLE'S 44, YOUR HONOR. I'M ATTEMPTING TO VERIFY THAT NOW.
# 381 MR. FAIRTLOUGH: IT IS P- -- I BELIEVE, YOUR HONOR, THIS PHOTOGRAPH IS LOCATED ON --
# 384 THE COURT: MRS. ROBERTSON CONFIRMS THIS IS PEOPLE'S 44.
# 385 MS. CLARK: IT IS PEOPLE'S 44. THANK YOU, JONATHAN. THAT IS OKAY.
# 386 Q: YOU RECALL SEEING THAT PHOTOGRAPH THAT MR. COCHRAN SHOWED YOU LAST WEEK?
# 388 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 389 Q: BY MS. CLARK: AND THEN MR. COCHRAN SHOWED YOU THIS PHOTOGRAPH. DO YOU RECALL?
# 391 Q: AND HE -- YOU MADE NOTE OF THE FACT IN YOUR TESTIMONY, THAT THIS GLOVE IN THIS PHOTOGRAPH APPEARS TO BE IN A DIFFERENT POSITION THAN IN THE EARLIER ONE?
# 393 Q: NOW, IN THIS PHOTOGRAPH, SIR, YOU SEE A NUMBER TAG?
# 395 MS. CLARK: GO BACK TO THE OTHER ONE, P-44, JOHN.
# 396 MR. FAIRTLOUGH: SURE.
# 398 Q: ALL RIGHT. NOW, IN THIS PHOTOGRAPH YOU DON'T SEE A NUMBER TAG, DO YOU?
# 400 Q: DO YOU SEE A SHOE?
# 402 Q: RIGHT NEXT TO THAT GLOVE?
# 404 Q: AND DO YOU RECALL WHOSE SHOE THAT WAS?
# 406 Q: SO IN THIS PHOTOGRAPH IT WOULD APPEAR MR. GOLDMAN'S BODY WAS STILL IN PLACE?
# 408 MS. CLARK: BACK TO THE OTHER ONE.
# 409 Q: AND IN THIS PHOTOGRAPH DO YOU SEE MR. GOLDMAN'S SHOE?
# 411 Q: IT WOULD APPEAR THEN -- DO YOU SEE BLOODY DRAG MARKS ABOVE THE NUMBER "102" IN THE UPPER LEFT-HAND CORNER?
# 412 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR. BLOODY DRAG MARKS.
# 413 THE COURT: SUSTAINED, LEADING.
# 414 Q: BY MS. CLARK: WHAT DO YOU SEE IN THE UPPER LEFT-HAND CORNER ABOVE THE NUMBER "102"?
# 415 A: DARK STRIATIONS.
# 416 THE COURT: MISS CLARK, WHICH PHOTO IS THIS?
# 417 MS. CLARK: I'M SORRY.
# 418 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 419 MR. FAIRTLOUGH: YOUR HONOR, WE HAVE NOT INTRODUCED THIS PARTICULAR PHOTO. THIS I BELIEVE WAS MARKED AS DEFENSE EXHIBIT 1005; IS THAT CORRECT?
# 420 THE COURT: MRS. ROBERTSON?
# 421 MR. DOUGLAS: NO, NO.
# 422 (DISCUSSION HELD OFF THE RECORD BETWEEN THE COURT AND THE CLERK.) # 423 THE COURT: NOT 1005.
# 424 MS. CLARK: THAT IS FINE. I WILL MARK IT AS PEOPLE'S NEXT IN ORDER AT THIS TIME UNTIL WE CAN LOCATE THE DEFENSE NUMBER.
# 425 THE COURT: WE ARE COMPARING THIS PHOTOGRAPH TO THIS?
# 426 MS. CLARK: THIS IS THE PEOPLE'S PHOTOGRAPH.
# 427 THE COURT: I'M SORRY, MRS. ROBERTSON.
# 428 MS. CLARK: I HAVE IT ON ONE OF THE BOARDS.
# 429 THE COURT: HOLD ON, SO WE DON'T HAVE TO HAVE DUPLICATE PHOTOGRAPHS.