📄 Cross-examination of Dave Rossi (part 1) — Wednesday, February 15, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\15\CROSS-EXAMINATION-OF-DAVE-ROSS.DOC
TRIAL
▲ Day 19 of 167

Cross-examination of Dave Rossi (part 1)

Witness: Sgt. David Rossi
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Lines: 51
F. Lee Bailey resumes cross-examination of Sergeant Rossi, challenging his estimate of the distance between the West LA police station and the Bundy crime scene, then questioning whether Rossi knew of coroner notification by 5:00 a.m. and whether he was familiar with laws or a code section concerning coroner notification. Rossi says he did not personally know of anyone having notified the coroner by 5:00 a.m. and was unfamiliar with such a law or section.
1 THE COURT:

ALL RIGHT. GOOD MORNING, SERGEANT ROSSI. YOU ARE REMINDED THAT YOU ARE STILL UNDER OATH. MR. BAILEY, YOU MAY CONTINUE WITH YOUR CROSS-EXAMINATION.

2 MR. COCHRAN:

MAY I APPROACH THE WITNESS, YOUR HONOR?

3 THE COURT:

YOU MAY.

4

CROSS-EXAMINATION (RESUMED)

5

BY MR. BAILEY:

6 Q:

SERGEANT ROSSI, I HAND YOU WHAT HAS BEEN MARKED DEFENSE 1013 FOR IDENTIFICATION AND ASK YOU TO LOOK AT IT AND SEE WHETHER OR NOT YOU CAN TELL ME THAT THAT REPRESENTS A MAP OF THE AREA SHOWING BOTH THE POLICE DEPARTMENT AND 875 SOUTH BUNDY AT THE INTERSECTION OF DOROTHY?

7 A:

YES, IT DOES.

8 (DEFT'S 1013 FOR ID = BUNDY MAP)
9 Q:

BY MR. BAILEY: DO YOU SEE A SCALE ON THAT MAP?

10 A:

YES.

11 Q:

WHAT IS YOUR PRESENT ESTIMATE OF THE DISTANCE BETWEEN -- BY ROAD -- THE DISTANCE BETWEEN THE POLICE STATION AT 1663 BUTLER AVENUE AND 875 SOUTH BUNDY?

12 A:

THREE TO FIVE MILES.

KEY QUOTE
13 Q:

THREE TO FIVE MILES?

14 A:

YES, SIR.

15 Q:

HOW ABOUT ONE MILE, 2842 FEET?

16 MS. CLARK:

OBJECTION, YOUR HONOR. OBJECTION. IS COUNSEL TESTIFYING?

17 THE COURT:

THAT IS A LEADING QUESTION.

18 Q:

BY MR. BAILEY: DOESN'T IT LOOK MORE LIKE A MILE AND A HALF?

19 A:

IT LOOKS A LITTLE MORE THAN THAT TO ME, SIR.

20 Q:

OKAY. WHEN WE ADJOURNED YESTERDAY, SERGEANT, WE WERE TALKING ABOUT THE POSSIBILITY THAT THE CORONER HAD NOT BEEN NOTIFIED AS OF 5:00 A.M. MY UNDERSTANDING IS THAT YOU PERSONALLY DIDN'T KNOW OF ANYONE HAVING NOTIFIED THE CORONER OF THESE HOMICIDES BY 5:00 A.M. --

21 MS. CLARK:

YOUR HONOR, OBJECTION.

22 Q:

BY MR. BAILEY: -- IS THAT CORRECT?

23 MS. CLARK:

THIS IS THE SAME OBJECTION AS YESTERDAY. THIS WITNESS DOESN'T --

24 THE COURT:

OVERRULED.

25 SGT. DAVID ROSSI:

YES, SIR, THAT'S CORRECT.

26 Q:

BY MR. BAILEY: OKAY. NOW, IS THERE ANY REQUIREMENT THAT YOU, AS A POLICE OFFICER, HAVE SOME FAMILIARITY WITH THE LAWS REGULATING THE CONDUCT OF HOMICIDE INVESTIGATIONS?

27 A:

NO, SIR.

28 Q:

THERE IS NONE?

29 A:

IF I UNDERSTAND THE QUESTION, THE LAWS REGULATING THE CONDUCT OF THE INVESTIGATORS THAT ARE HANDLING THE CASE?

30 Q:

NO. IS THERE ANY REQUIREMENT THAT YOU HAVE FAMILIARITY WITH THE LAWS THAT REGULATE HOMICIDE INVESTIGATIONS?

31 A:

YES. LAWS OF THE STATE, YES.

32 Q:

ALL RIGHT. ARE YOU FAMILIAR WITH ANY LAW THAT DICTATES WHEN THE CORONER SHOULD BE NOTIFIED WHEN A DEATH HAS OCCURRED?

33 A:

NO, I'M NOT, SIR.

34 Q:

YOU NEVER HEARD OF SUCH A LAW?

35 A:

NO, I DIDN'T.

36 Q:

DID YOU EVER HEAR OF SECTION 10250 OF THE CALIFORNIA PENAL CODE?

37 MS. CLARK:

OBJECTION, YOUR HONOR. OBJECTION. MAY WE APPROACH?

38 THE COURT:

NO. YES OR NO. ARE YOU AWARE OF THE CODE SECTION?

39 SGT. DAVID ROSSI:

NO, SIR.

40 Q:

BY MR. BAILEY: DO YOU KNOW THAT IT IS --

41 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)
42 MR. BAILEY:

I'M SORRY. I'M TOLD I MISSPOKE. NOT THE CALIFORNIA PENAL CODE, THE HEALTH AND SAFETY CODE.

KEY QUOTE
43 Q:

DO YOU KNOW THERE IS A HEALTH AND SAFETY CODE?

44 A:

YES, I DO.

45 Q:

HAVE YOU EVER REVIEWED THAT CODE?

46 A:

THE ENTIRE CODE, NO, SIR.

47 Q:

ANY SECTIONS OF THE CODE THAT MIGHT PERTAIN TO YOUR WORK?

48 A:

YES, SOME.

49 Q:

ARE YOU FAMILIAR WITH A SECTION THAT DEALS WITH THE NOTIFICATION OF THE CORONER IN CERTAIN CIRCUMSTANCES AFTER DEATH?

50 A:

NO, I'M NOT.

51 MS. CLARK:

OBJECTION. THAT IS NOT THIS WITNESS' JOB.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Sgt. David Rossi
THREE TO FIVE MILES.
Rossi estimated the distance at three to five miles. Bailey proposed about a mile and a half, and Rossi responded that it looked a little more than that.
Sgt. David Rossi
NO, I'M NOT, SIR.
Rossi, a homicide sergeant, admits he is unaware of any law dictating when the coroner must be notified — a key gap Bailey is trying to expose.
F. Lee Bailey
I'M SORRY. I'M TOLD I MISSPOKE. NOT THE CALIFORNIA PENAL CODE, THE HEALTH AND SAFETY CODE.
Bailey corrects himself after conferring with co-counsel, slightly undermining the moment but keeping the line of questioning alive.
Marcia Clark
THAT IS NOT THIS WITNESS' JOB.
Clark's objection reveals the prosecution's strategy: argue Rossi's ignorance of coroner notification laws is irrelevant to his role, deflecting Bailey's attack on procedural compliance.

Evidence (1)

Defense 1013
Map of the area showing the West LA police station at 1663 Butler Avenue and 875 South Bundy at the intersection of Dorothy
introduced and used to challenge Rossi's distance estimate

Notable Exchanges (3)

F. Lee BaileyWitness
Bailey contrasted Rossi's three-to-five-mile estimate with figures of one mile, 2,842 feet and then about a mile and a half. The court characterized the first formulation as a leading question; Rossi said the latter looked a little low.
strategic
F. Lee BaileyWitness
Bailey walks Rossi through a series of questions establishing he is unfamiliar with any law requiring coroner notification, culminating in Rossi not recognizing the Health and Safety Code provision.
methodical
F. Lee BaileyDefense counsel
Bailey stops mid-question after misstating 'California Penal Code' and is corrected off-record by a colleague before resuming.
revealing

Light Moments (1)

F. Lee Bailey
Bailey corrected his reference from the California Penal Code to the Health and Safety Code after an off-record discussion between defense counsel.

Credibility Attacks (2)

⚔ Sergeant Rossi
factual contradiction via exhibit
Bailey used Defense 1013 (a scaled map) to challenge Rossi's estimate that the police station was 3–5 miles from Bundy, suggesting the actual distance was well under 2 miles.
⚔ Sergeant Rossi
lack of familiarity with cited law
Bailey asked Rossi whether he was familiar with a section dealing with coroner notification in certain circumstances after death; Rossi said he was not.

Objections

4 objections (1 sustained, 1 overruled)
Proceeding 4807 • 51 lines • Prosecution witness
Criminal Trial
Department 103
📂 FEB 15, 1995 📄 Cross-examination of Dave Ross
FEB 15, 1995