Cross-examination of Dave Rossi (part 2)

📄 Cross-examination of Dave Rossi (part 2) — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\CROSS-EXAMINATION-OF-DAVE-ROSS.DOC

TRIAL

▲ Day 19 of 167

◀ Sidebar: coroner notification Redirect examination of Dave Rossi (part 1) ▶

Witness: Sgt. David Rossi
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 218

F. Lee Bailey cross-examines Sergeant Rossi about LAPD procedures at the Bundy crime scene, focusing on the legal obligation to notify the coroner, the accuracy of the crime scene log, and Rossi's general passivity during the 45 minutes he was in charge before detectives arrived. The most significant moment comes when Bailey exposes that the crime scene log falsely records Detective Phillips as remaining at Bundy until 10:00 a.m. — when Rossi himself received a phone call from Phillips at Rockingham — and Bailey then implies the same log entry for Detective Fuhrman is equally unreliable.

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

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. BAILEY.

# 3 Q:

BY MR. BAILEY: SERGEANT ROSSI, YOU SAID YOU WERE FAMILIAR WITH CERTAIN PARTS OF THE HEALTH AND SAFETY CODE?

# 4 MS. CLARK:

YOUR HONOR, MAY I PLEASE SEE WHAT COUNSEL IS READING FROM?

# 5 MR. BAILEY:

YOU ALREADY HAVE.

# 6 MS. CLARK:

HE SNATCHED IT OUT OF MY HANDS.

KEY QUOTE

# 7 THE COURT:

MISS CLARK, HAVE A SEAT, PLEASE.

# 8 Q:

BY MR. BAILEY: DO YOU REMEMBER THE QUESTION, SERGEANT?

# 9 A:

YES, I DO, AND YES, I AM FAMILIAR WITH SOME SECTIONS.

# 10 Q:

ARE YOU FAMILIAR WITH ANY PORTION OF THE HEALTH AND SAFETY CODE THAT MANDATE THE CALLING OF THE CORONER IN A HOMICIDE CASE?

# 11 A:

NO, I'M NOT.

# 12 Q:

ALL RIGHT. DO YOU FROM TIME TO TIME REVIEW THE LAPD MANUAL?

# 13 A:

YES, SIR.

# 14 Q:

DID YOU EVER LOOK AT VOLUME 4?

# 15 A:

OCCASIONALLY, YES.

# 16 Q:

GOOD. WHAT ABOUT SECTION 238.46 ENTITLED "NOTIFICATION OF THE CORONER"? DO YOU EVER LOOK AT THAT?

# 17 A:

I DON'T BELIEVE I HAVE EVER LOOKED AT THAT, NO.

# 18 Q:

OKAY. WOULD YOU LIKE TO LOOK AT THESE TWO PROVISIONS TO REFRESH YOUR RECOLLECTION PERHAPS?

# 19 A:

IF YOU WOULD LIKE ME TO.

# 20 MS. CLARK:

OBJECTION. HOW CAN HE REFRESH RECOLLECTION IF HE --

# 21 THE COURT:

SUSTAINED.

# 22 Q:

BY MR. BAILEY: I THOUGHT YOU SAID THAT YOU DID AT ONE TIME OR ANOTHER ACQUAINT YOURSELF WITH THE PROVISIONS OF THE HEALTH AND SAFETY CODE?

# 23 A:

SOME SECTIONS, YES.

# 24 Q:

ALL RIGHT. DO YOU EVER RECALL READING ANYTHING ABOUT THE MANDATE TO NOTIFY THE CORONER?

# 25 A:

NO.

# 26 Q:

YOU DON'T? WERE YOU IN FACT IN CHARGE OF THIS CRIME SCENE FROM YOUR ARRIVAL AT 1:25 A.M. UNTIL 2:10 WHEN DETECTIVE PHILLIPS SHOWED UP?

# 27 A:

YES, I WAS.

# 28 Q:

ALL RIGHT. AS ONE IN CHARGE OF THE CRIME SCENE, WERE YOU NOT OBLIGATED TO CARRY OUT ANY LEGAL DUTY IMPOSED ON THE BOSS?

# 29 A:

REPEAT THE QUESTION, SIR. I DON'T UNDERSTAND.

# 30 Q:

OKAY. WERE YOU OBLIGATED TO CARRY OUT ANY LEGAL DUTY IMPOSED ON THE PERSON IN CHARGE?

# 31 A:

REPEAT IT AGAIN. I JUST DON'T UNDERSTAND THE QUESTION. I WAS IN CHARGE UNTIL --

# 32 Q:

I WILL REPEAT IT AGAIN.

# 33 A:

I WAS IN CHARGE UNTIL THE DETECTIVE SHOWED UP.

# 34 Q:

WE ARE TALKING ABOUT A BRACKET FROM 1:25 TO 2:10. DO YOU UNDERSTAND THAT?

# 35 A:

TIME BRACKET?

# 36 Q:

YES.

# 37 A:

YES.

# 38 Q:

THAT IS 45 MINUTES; IS IT NOT?

# 39 A:

YES.

# 40 Q:

YOU HAD MEANS OF COMMUNICATION AT HAND, DID YOU NOT?

# 41 A:

YES.

# 42 Q:

NOW, DID YOU, DURING THAT 45-MINUTE PERIOD, HAVE A LEGAL DUTY TO CALL THE CORONER?

# 43 A:

NOT AS FAR AS I KNOW, NO.

# 44 Q:

DID YOU KNOW IT WAS A MISDEMEANOR TO FAIL TO CALL THE CORONER, SERGEANT?

# 45 MS. CLARK:

OBJECTION.

# 46 SGT. DAVID ROSSI:

I DON'T BELIEVE IT IS, SIR.

# 47 MS. CLARK:

OBJECTION, YOUR HONOR.

# 48 MR. BAILEY:

MAY I NOW APPROACH THE WITNESS AND SHOW HIM THE SECTION?

# 49 MS. CLARK:

I DON'T KNOW WHAT HE IS SHOWING. CAN I PLEASE SEE IT, YOUR HONOR?

# 50 THE COURT:

THAT IS AN OBJECTION FOR RELEVANCE?

# 51 MS. CLARK:

OBJECTION, RELEVANCE.

# 52 THE COURT:

SUSTAINED.

# 53 MS. CLARK:

NO FOUNDATION.

# 54 THE COURT:

THANK YOU.

# 55 Q:

BY MR. BAILEY: SO IF THERE WAS SUCH A LAW ON JUNE 13, 1994, YOU WERE NOT FAMILIAR WITH IT; IS THAT CORRECT?

# 56 A:

THAT'S CORRECT.

# 57 Q:

OKAY. AND IF YOU VIOLATED THAT LAW, IT WAS UNKNOWING ON YOUR PART; IS THAT CORRECT?

# 58 THE COURT:

CALLS FOR A LEGAL CONCLUSION.

# 59 MS. CLARK:

OBJECTION.

# 60 THE COURT:

SUSTAINED. I WILL SUSTAIN THE OBJECTION.

# 61 MR. BAILEY:

VERY WELL.

# 62 THE COURT:

MR. BAILEY, THIS IS A RATHER LIMITED AREA OF INQUIRY AT THIS POINT.

# 63 MR. BAILEY:

I UNDERSTAND THAT.

# 64 THE COURT:

THANK YOU.

# 65 Q:

BY MR. BAILEY: IS THERE ANY LIMITATION, QUITE APART FROM THE HEALTH AND SAFETY CODE, IN THE MANUAL OF THE LAPD, THAT REQUIRES YOU, WHEN YOU ARE IN CHARGE OF A HOMICIDE SCENE, TO NOTIFY THE CORONER PROMPTLY?

# 66 A:

NOT UNLESS I AM INSTRUCTED BY THE INVESTIGATING DETECTIVE.

# 67 Q:

WHAT REGULATION ARE YOU REFERRING TO THAT SAYS YOU ARE EXEMPTED FROM THAT OBLIGATION UNLESS THE INVESTIGATING DETECTIVE ORDERS YOU TO?

# 68 A:

THAT IS OUR DEPARTMENT'S POLICY, SIR.

# 69 Q:

WHERE IS THE POLICY PRINTED? CAN YOU TELL US?

# 70 A:

NO, I CAN'T.

# 71 Q:

IS IT ANY PART OF SECTION 238.46 OF VOLUME 4?

# 72 A:

I DON'T KNOW.

# 73 Q:

HAVE YOU EVER READ THAT SECTION?

# 74 A:

PROBABLY, BUT I DON'T REMEMBER HOW LONG IT HAS BEEN, BUT YES, I PROBABLY HAVE. I READ THE ENTIRELY MANUAL WHEN I WAS STUDYING FOR SERGEANT.

# 75 Q:

YOU DON'T RECALL NOW WHAT IS IN IT?

# 76 A:

NOT THAT SECTION.

# 77 Q:

WOULD IT REFRESH YOUR RECOLLECTION IF I SHOWED YOU THAT SECTION?

# 78 A:

POSSIBLY.

# 79 MR. BAILEY:

MAY I DO SO?

# 80 THE COURT:

YOU MAY.

# 81 MS. CLARK:

MAY I PLEASE SEE IT?

# 82 THE COURT:

YOU MAY.

# 83 (BRIEF PAUSE.)

# 84 Q:

BY MR. BAILEY: WOULD YOU EXAMINE THAT?

# 85 A:

WHICH SECTION IS IT? THIS ONE HERE?

# 86 Q:

UH-HUH.

# 87 A:

238.46?

# 88 Q:

UH-HUH, YES.

# 89 A:

(WITNESS COMPLIES.) OKAY.

# 90 Q:

DO YOU FIND ANYTHING IN THAT SECTION THAT EXEMPTS YOU FROM NEEDING TO NOTIFY THE CORONER UNTIL THE DETECTIVES ARRIVE?

# 91 A:

YES.

# 92 Q:

WOULD YOU READ THE SECTION OR THAT PART OF IT WHICH YOU BELIEVE EXEMPTS YOU FROM THAT OBLIGATION?

# 93 A:

"IT SHALL BE THE RESPONSIBILITY OF THE INVESTIGATING OFFICER TO NOTIFY THE CORONER OF DEATHS OCCURRING." AND I WAS A PRELIMINARY INVESTIGATING SERGEANT AND I TAKE THIS AS INVESTIGATING OFFICER, MEANING THE RESPONDING DETECTIVES.

KEY QUOTE

# 94 Q:

OKAY. NOW, WHEN YOU PERSONALLY OBSERVE ANOTHER POLICEMAN VIOLATING THE LAW, WHAT IS YOUR OBLIGATION?

# 95 MS. CLARK:

OBJECTION, IRRELEVANT.

# 96 THE COURT:

OVERRULED. I THINK WE HAVE ALREADY ASKED THIS QUESTION, THOUGH.

# 97 MS. CLARK:

ASKED AND ANSWERED.

# 98 THE COURT:

SUSTAINED. YESTERDAY.

# 99 MR. BAILEY:

I'M SORRY.

# 100 Q:

ARE YOU FAMILIAR WITH SECTION 210.46 OF VOLUME 1 DEALING WITH MISCONDUCT OF OFFICERS AND THE DUTY TO REPORT?

# 101 A:

YES, SIR.

# 102 Q:

ALL RIGHT. DID YOU EVER HEAR ANY DETECTIVE CALL THE CORONER --

# 103 MS. CLARK:

OBJECTION.

# 104 Q:

BY MR. BAILEY: -- THAT MORNING?

# 105 A:

NO, I DID NOT.

# 106 Q:

HAVE YOU EVER REPORTED THE FACT THAT THE DETECTIVES HAD VIOLATED THE RULES OF THE MANUAL?

# 107 MS. CLARK:

OBJECTION. THAT ASSUMES FACTS NOT IN EVIDENCE.

# 108 THE COURT:

SUSTAINED.

# 109 MR. BAILEY:

ALL RIGHT.

# 110 Q:

WHAT OBLIGATIONS DO YOU HAVE TO MAKE REPORTS OF A HOMICIDE INVESTIGATION OF THIS SORT WHEN YOU ARE AT LEAST TEMPORARILY IN CHARGE OF THE MATTER?

# 111 A:

THE ONLY OBLIGATION THAT I HAVE IS TO ENSURE THAT A CRIME SCENE LOG IS BEING COMPLETED.

# 112 Q:

AND HOW DID YOU CARRY OUT THAT OBLIGATION THAT MORNING?

# 113 A:

WHEN I ARRIVED AT THE SCENE I ASKED SERGEANT MARTY COON WHO WAS HANDLING THE CRIME SCENE LOG, AND HE INDICATED THAT IT WAS A POLICE OFFICER BY THE NAME OF CHRIS CUMMINGS AND HE WAS STANDING VERY CLOSE TO MY PROXIMITY AND I SAW THAT HE WAS -- WAS IN FACT ENGAGED IN THAT DUTY.

# 114 Q:

AND DID YOU TAKE ANY FURTHER STEPS TO ASSURE THAT THE CRIME SCENE LOG WAS BEING ACCURATELY CARRIED OUT?

# 115 A:

NO, SIR.

# 116 Q:

HAVE YOU EVER EXAMINED IT TO SEE THAT IT REFLECTS WHAT YOU REMEMBER?

# 117 A:

HAVE I EVER EXAMINED THE CRIME SCENE LOG?

# 118 Q:

UH-HUH.

# 119 A:

YES, I HAVE LOOKED AT IT.

# 120 Q:

OKAY. DID YOU FIND INACCURACIES THERE THAT YOU WERE ABLE TO REPORT OR LOG?

# 121 A:

NO.

# 122 Q:

ACCORDING TO THE CRIME SCENE LOG ARE VARIOUS PEOPLE ON THE SCENE GIVEN TIMES AND THE DEPARTURE REPORTED AS "UNKNOWN," IF YOU KNOW?

# 123 A:

I'M SORRY, SIR, WHAT WAS THE QUESTION?

# 124 Q:

DID YOU KNOW?

# 125 A:

IF I KNOW WHAT?

# 126 Q:

WHETHER OR NOT AS TO CERTAIN PEOPLE, INCLUDING THE LIEUTENANT AND YOUR SUPERIOR, CAPTAIN DIAL, THE DEPARTURE TIME WAS LOGGED AS "UNKNOWN"? DID YOU EVER INQUIRE INTO THAT?

# 127 A:

NO, I DID NOT.

# 128 Q:

DID YOU NOTICE, FOR INSTANCE, THAT DETECTIVE PHILLIPS ARRIVED AT 2:10 AND DIDN'T LEAVE UNTIL 10:00 A.M. FROM BUNDY?

# 129 A:

I BELIEVE I SAW WHAT TIME HE LOGGED IN. I DON'T KNOW WHAT TIME HE LEFT.

# 130 Q:

MY QUESTION IS WHEN YOU REVIEWED THE CRIME SCENE LOG DID YOU NOTICE THAT ACCORDING TO IT DETECTIVE PHILLIPS ARRIVED AT BUNDY AT 2:10 AND DIDN'T DEPART UNTIL 10:00 A.M.?

# 131 A:

NO, I DIDN'T KNOW THAT.

# 132 Q:

YOU KNOW THAT IS FALSE, DON'T YOU?

# 133 A:

NO, SIR, I DON'T KNOW THAT IS FALSE.

# 134 Q:

DIDN'T HE CALL YOU FROM ROCKINGHAM?

# 135 A:

YES, SIR, HE DID.

# 136 Q:

YOU NOW KNOW IT IS FALSE, DON'T YOU?

KEY QUOTE

# 137 A:

YES.

# 138 Q:

OKAY. BUT THIS IS THE FIRST TIME THAT HAS BEEN BROUGHT TO YOUR ATTENTION?

# 139 A:

YES.

# 140 Q:

I TAKE IT YOUR REVIEW WAS SOMEWHAT CURSORY?

# 141 A:

YES, PROBABLY SO.

# 142 Q:

OKAY. AND OF COURSE THAT SAME ENTRY AS TO DETECTIVE FUHRMAN WOULD BE WRONG, WOULDN'T IT?

KEY QUOTE

# 143 A:

POSSIBLY. IT IS NOT MY JOB TO REVIEW THE CRIME SCENE LOG. THAT GOES TO DETECTIVE.

# 144 Q:

I THOUGHT DID YOU REVIEW IT?

# 145 A:

I LOOKED AT IT.

# 146 Q:

BUT BECAUSE IT WAS NOT YOUR JOB YOU DIDN'T LOOK AT IT CAREFULLY? IS THAT WHAT YOU ARE TELLING ME?

# 147 A:

I DIDN'T SCRUTINIZE IT, NO.

# 148 Q:

OKAY. NOW, WHEN OFFICER RISKE CALLED YOU FIRST, I TAKE IT YOU DID NOT NOTE THE TIME ON ANY PIECE OF PAPER OR LOG?

# 149 A:

NO, I DIDN'T.

# 150 Q:

DID YOU SATISFY YOURSELF FROM YOUR CONVERSATION WITH HIM THAT THE VICTIMS WERE BOTH DECEASED?

# 151 A:

YES.

# 152 Q:

DID HE TELL YOU THAT HE TOUCHED THE EYE OF ONE OF THE VICTIMS TO ASCERTAIN THAT?

# 153 A:

NOT AT THAT TIME, NO.

# 154 Q:

DID YOU LATER LEARN THAT?

# 155 A:

YES, SIR.

# 156 Q:

DID YOU LATER LEARN HOW HE ACCOMPLISHED THAT?

# 157 A:

YES. HE TOLD ME HE WENT AROUND TO THE NORTH SIDE OF THE MALE VICTIM AND I BELIEVE HE SAID HE REACHED THROUGH THE FENCE.

# 158 Q:

SO THAT HE WASN'T TRAMPLING ON THE CRIME SCENE?

# 159 A:

YES, SIR.

# 160 Q:

WHEN HE SAID THE CRIME SCENE IS SECURE, AS I UNDERSTAND IT, YOU ACCEPTED THAT?

# 161 A:

YES, SIR.

# 162 Q:

DID YOU KNOW, AT THE TIME YOU ACCEPTED IT, THAT HIS TRAINING IN CRIME SCENE PROTECTION WAS ENTIRELY SUPERFICIAL?

# 163 A:

IT WAS SERGEANT COON WHO TOLD ME THE CRIME SCENE WAS SECURE.

# 164 Q:

I THOUGHT YOU TOLD US YESTERDAY THAT OFFICER RISKE TOLD YOU THAT BEFORE SERGEANT COON ARRIVED, DID YOU NOT?

# 165 A:

NO, I DIDN'T.

# 166 Q:

YOU DIDN'T SAY THAT?

# 167 A:

WELL, HE DID CALL ME AND HE TOLD ME WHAT HE HAD.

# 168 Q:

DID YOU SAY THAT?

# 169 A:

BUT I DON'T REMEMBER SAYING THAT.

# 170 Q:

DID YOU SAY THAT YESTERDAY?

# 171 A:

I DON'T REMEMBER.

# 172 Q:

ALL RIGHT. NOW, HOW WOULD YOU LIKE TO LEAVE IT? DID YOU OR DID YOU NOT AT ANY TIME RELY ON THE TESTIMONY OF THE -- OR THE STATEMENT OF OFFICER RISKE THAT THE CRIME SCENE WAS SECURED?

# 173 A:

I MAY HAVE. I DON'T REMEMBER WHETHER HE TOLD ME THAT OR NOT.

# 174 Q:

ALL RIGHT. AND IF YOU DID RELY ON THAT, DID YOU KNOW AT THE TIME THAT HIS TRAINING WAS, BY HIS OWN ACCOUNT, SUPERFICIAL?

# 175 MS. CLARK:

OBJECTION. THAT MISSTATES THE TESTIMONY.

# 176 THE COURT:

SUSTAINED.

# 177 Q:

BY MR. BAILEY: I'M SORRY, GLOSSED OVER?

# 178 MS. CLARK:

OBJECTION. STILL MISSTATES THE TESTIMONY. THAT IS NOT THE ONLY --

# 179 THE COURT:

SUSTAINED.

# 180 Q:

BY MR. BAILEY: DID OFFICER RISKE EVER TELL YOU, WHEN YOU WERE DISCUSSING THE SECURITY OF THE CRIME SCENE, THAT HIS TRAINING IN CRIME SCENE PROTECTION HAD BEEN GLOSSED OVER?

# 181 A:

NO, SIR.

# 182 MS. CLARK:

OBJECTION. THAT MISSTATES THE TESTIMONY.

# 183 THE COURT:

OVERRULED.

# 184 Q:

BY MR. BAILEY: I THINK YOU MENTIONED YESTERDAY THAT DETECTIVE PHILLIPS WAS MAKING NOTES OF THE CRIME SCENE?

# 185 A:

HE HAD A NOTE PAD WITH HIM.

# 186 Q:

DID YOU SEE HIM WRITING NOTES?

# 187 A:

I DON'T BELIEVE I SAW HIM WRITING NOTES. I ASSUMED HE HAD BEEN.

# 188 Q:

NOW, WAS THERE SOME INTEREST IN LEARNING THE IDENTITY OF THE MALE VICTIM AT THE CRIME SCENE?

# 189 A:

NOT BY ME, BUT I'M ASSUMING THERE WAS BY THE DETECTIVES.

# 190 Q:

YOU MEAN DURING THE 45 MINUTES THAT YOU WERE IN CHARGE YOU DIDN'T CARE WHO HE WAS?

# 191 A:

IT WASN'T THAT I DIDN'T CARE, SIR. IT WASN'T PART OF MY JOB. I WAS MORE INTERESTED IN SECURING THE EVIDENCE THERE.

# 192 Q:

WAS IT IMPORTANT TO NOTIFY HIS NEXT OF KIN WHO MIGHT BE THREATENED, AS YOU AGREED MR. SIMPSON MIGHT BE?

# 193 A:

IT WAS IMPORTANT I THINK IF I WAS INSTRUCTED TO DO SO BY THE DETECTIVE, BUT AT THAT POINT THAT WASN'T WHAT I WAS GOING TO DO.

# 194 Q:

IS THE POLICE DEPARTMENT FROZEN TIGHT UNTIL THE DETECTIVES ARRIVE?

# 195 A:

IN SOME CASES, YES.

# 196 Q:

ON THIS OCCASION APPARENTLY; IS THAT SO?

# 197 A:

TO A CERTAIN EXTENT. I WAS WAITING FOR INSTRUCTIONS FROM THE DETECTIVES, YES, SIR.

# 198 Q:

AFTER 300 HOMICIDES YOU DIDN'T INCLINE YOURSELF TO TRY AND FIND OUT WHO HAD BEEN KILLED; IS THAT RIGHT?

KEY QUOTE

# 199 A:

NO, I DID NOT.

# 200 Q:

WHAT WAS THE PURPOSE IN TAKING AND RUNNING THROUGH THE COMPUTER THE TAG NUMBERS ON THE VEHICLES IN THE AREA?

# 201 A:

POSSIBLE WITNESSES.

# 202 Q:

WAS IT OF INTEREST TO YOU TO KNOW WHICH OF THE TWO VICTIMS MIGHT HAVE BEEN THE PRIMARY TARGET OF THE ASSASSIN OR ASSASSINS?

# 203 MS. CLARK:

OBJECTION. THIS IS BEYOND THE SCOPE, YOUR HONOR, AND THIS IS --

# 204 THE COURT:

OVERRULED.

# 205 SGT. DAVID ROSSI:

I THINK THAT WOULD BE INTERESTING TO KNOW FROM A DETECTIVE'S STANDPOINT, YES, SIR.

# 206 Q:

BY MR. BAILEY: NOT SOMETHING IN WHICH YOU HAD AN INTEREST?

# 207 A:

NO.

# 208 Q:

OKAY. IS IT TRUE THAT UNTIL FIVE O'CLOCK ON JUNE 13 NOBODY KNEW THAT THE MALE VICTIM WAS RONALD GOLDMAN, IF YOU KNOW?

# 209 A:

I DON'T KNOW.

# 210 Q:

IS IT TRUE THAT AS OF FIVE O'CLOCK A.M., WHEN YOU WERE ON THE PHONE WITH WESTEC TRYING TO HELP THE OFFICERS GET INTO MR. SIMPSON'S HOME, THAT YOU HAD NO IDEA WHO THE VICTIM WAS?

# 211 A:

THAT'S TRUE.

# 212 Q:

AND WHEN IS THE FIRST TIME YOU EVER HEARD THE NAME RONALD GOLDMAN?

# 213 A:

I DON'T REMEMBER. I DON'T REMEMBER EVEN IF IT WAS THAT DAY.

# 214 Q:

DID YOU READ IT IN THE PAPERS?

# 215 A:

OH, I MAY HAVE. I DON'T RECALL.

# 216 MR. BAILEY:

THANK YOU.

# 217 THE COURT:

MISS CLARK.

# 218 MS. CLARK:

THANK YOU.

Temperature

tense

Key Quotes (5)

F. Lee Bailey

AFTER 300 HOMICIDES YOU DIDN'T INCLINE YOURSELF TO TRY AND FIND OUT WHO HAD BEEN KILLED; IS THAT RIGHT?

Bailey underscores Rossi's extraordinary passivity during his 45 minutes in charge — no coroner call, no victim ID effort — painting a picture of deliberate inaction or protocol failure at the scene.

F. Lee Bailey

YOU NOW KNOW IT IS FALSE, DON'T YOU?

After establishing that Phillips called Rossi from Rockingham, Bailey forces Rossi to admit the crime scene log entry showing Phillips at Bundy until 10:00 a.m. is false — directly undermining the log's reliability for all entries, including Fuhrman's.

Marcia Clark

HE SNATCHED IT OUT OF MY HANDS.

A rare moment of open courtroom friction between counsel, revealing the combative dynamic and Clark's frustration with Bailey's tactics.

Sgt. Rossi

IT SHALL BE THE RESPONSIBILITY OF THE INVESTIGATING OFFICER TO NOTIFY THE CORONER OF DEATHS OCCURRING. AND I WAS A PRELIMINARY INVESTIGATING SERGEANT AND I TAKE THIS AS INVESTIGATING OFFICER, MEANING THE RESPONDING DETECTIVES.

Rossi reads the very LAPD manual section Bailey introduced, then offers a self-serving interpretation to escape responsibility for not calling the coroner — an interpretation Bailey leaves hanging.

F. Lee Bailey

AND OF COURSE THAT SAME ENTRY AS TO DETECTIVE FUHRMAN WOULD BE WRONG, WOULDN'T IT?

Bailey pivots from the Phillips log error to Fuhrman's log entry, planting the inference that Fuhrman's recorded timeline at Bundy is equally fabricated — a key thread in the defense theory.

Evidence (4)

Informal

California Health and Safety Code provisions mandating coroner notification in homicide cases

Bailey referenced and attempted to show to witness; relevance objection sustained, not admitted

Informal

LAPD Manual Volume 4, Section 238.46 — 'Notification of the Coroner'

Shown to witness to refresh recollection; witness read aloud and offered self-serving interpretation

Informal

LAPD Manual Volume 1, Section 210.46 — officer misconduct and duty to report

Referenced by Bailey; Rossi confirmed familiarity but line of questioning redirected

Informal

Bundy crime scene log

Discussed and partially impeached — Phillips's entry (arrival 2:10 a.m., departure 10:00 a.m.) shown to be false; Fuhrman's entry also impugned

Notable Exchanges (3)

F. Lee Bailey•Sgt. Rossi

Bailey establishes that the crime scene log records Phillips as remaining at Bundy until 10:00 a.m., then confronts Rossi with the fact that Phillips called him from Rockingham — forcing Rossi to admit the log entry is false. Bailey immediately pivots: 'And of course that same entry as to Detective Fuhrman would be wrong, wouldn't it?'

devastating

F. Lee Bailey•Sgt. Rossi

Bailey methodically establishes that during 45 minutes in charge of a double-homicide scene, Rossi did not call the coroner, did not seek to identify the male victim, did not inquire which victim was the primary target, and did not scrutinize the crime scene log — all while admitting he had 300 prior homicides of experience.

strategic

F. Lee Bailey•Marcia Clark•Judge Ito

At the outset, Clark demands to see Bailey's document; Bailey says 'You already have'; Clark retorts 'He snatched it out of my hands.' Ito curtly tells Clark to sit down.

heated

Light Moments (1)

Marcia Clark

Clark accuses Bailey of snatching documents from her hands; Ito responds by telling her to sit down rather than addressing the accusation.

Credibility Attacks (4)

⚔ Sgt. Rossi

prior inconsistent statement / admission of ignorance

Bailey demonstrates Rossi was unaware of the legal obligation to notify the coroner and cannot cite any regulation exempting him from it, despite being in command of the scene for 45 minutes.

⚔ Sgt. Rossi

impeachment via document

Bailey forces Rossi to admit the crime scene log is false as to Detective Phillips's departure time, then ties that falsity to Detective Fuhrman's log entry — suggesting the entire log is unreliable.

⚔ Sgt. Rossi

bias / dereliction

Bailey establishes that after 300 homicides, Rossi made no effort to identify the male victim, notify next of kin, or determine who the primary target was — suggesting either protocol failure or deliberate passivity.

⚔ Crime scene log (LAPD)

documentary contradiction

The log records Phillips at Bundy until 10:00 a.m., but Rossi's own testimony confirms Phillips called him from Rockingham, making the log demonstrably false and opening Fuhrman's logged presence to the same challenge.

Witness Demeanor

(WITNESS COMPLIES.) — Rossi reads LAPD manual section handed to him by Bailey

Repeated requests to have questions repeated ('Repeat the question, sir. I don't understand.'), suggesting discomfort or evasion under pressure

Admitted his review of the crime scene log was 'somewhat cursory' and that he did not 'scrutinize it'

Objections

9 objections (6 sustained, 3 overruled)

Proceeding 4809 • 218 utterances • Prosecution witness

Criminal Trial

Department 103