F. Lee Bailey cross-examined Sergeant Dave Rossi using a schematic floorplan of 875 S. Bundy (Defense 1015) in an attempt to pin down the exact location where Rossi observed bloody footprints on the walkway. Rossi repeatedly acknowledged he could not read schematics and could not accurately place himself or the footprints on the diagram, only stating they were approximately 50 feet from the rear gate on level ground. Bailey's examination exposed the limits of Rossi's spatial recall without scoring a dramatic impeachment.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:) # 2 THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, HAVE A SEAT, PLEASE. WE ARE STILL MISSING ONE JUROR. SERGEANT, WHY DON'T YOU RETAKE THE WITNESS STAND, PLEASE.
# 4 THE COURT: ALL RIGHT. LET THE RECORD REFLECT THAT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. MR. BAILEY, I UNDERSTAND THAT YOU NEED AN EXHIBIT AND THAT YOU HAVE CONCLUDED WITH THIS WITNESS UNTIL WE HAVE THAT EXHIBIT?
# 5 MR. BAILEY: I HAVE BEEN SAVED BY CO-COUNSEL, YOUR HONOR.
KEY QUOTE # 6 THE COURT: ALL RIGHT. PROCEED.
# 7 MR. BAILEY: I AM ABOUT TO MARK AS DEFENSE I THINK 1016 --
# 9 (DEFT'S 1015 FOR ID = SCHEMATIC DRAWING/875 S. BUNDY) # 10 MR. BAILEY: LET THE RECORD SHOW I AM SHOWING COUNSEL WHAT WILL BECOME 1016 IDENTIFIED.
# 11 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 12 THE COURT: ALL RIGHT. DEFENSE 1015.
# 15 Q: SERGEANT ROSSI, AS YOU LOOK AT DEFENSE 1015 FOR IDENTIFICATION, ARE YOU ABLE TO RECOGNIZE THIS OVERHEAD SKETCH OF THE FLOORPLAN OF 875 BUNDY?
# 17 Q: ARE YOU ABLE TO SEE ANY PART OF THAT SKETCH THAT PURPORTS TO SET FORTH THE WALKWAY THAT YOU ENTERED FROM THE ALLEY THAT MORNING?
# 18 A: YOU WOULD HAVE TO POINT IT OUT, SIR. I CAN'T READ SCHEMATICS VERY WELL.
# 19 MR. BAILEY: FINE. WOULD YOU PUT AN ARROW, PLEASE, ON THE ALLEY ENTRANCE TO THE WALKWAY.
# 20 Q: YOU WILL RECALL, SERGEANT, THAT YOU SAID IT WAS ADJACENT TO THE GARAGE?
# 22 Q: DO YOU SEE THE GARAGE?
# 24 Q: DO YOU RECOGNIZE BUNDY IN THAT SKETCH?
# 25 A: OKAY. NOW, I DO WHEN YOU MOVED IT, YES.
# 26 Q: OKAY. CAN YOU POINT OUT TO US ON THAT SKETCH THE FRONT GATE REPRESENTED BY AN ARC, I BELIEVE?
# 28 MR. BAILEY: MR. HARRIS, WOULD YOU CIRCLE THE FRONT GATE, PLEASE.
# 29 Q: DO YOU SEE THE RED CROSS, SERGEANT?
# 31 MS. CLARK: OBJECTION, YOUR HONOR. INCORRECT. INCORRECT.
# 32 THE COURT: ALL RIGHT.
# 33 MR. BAILEY: STRIKE IT OUT AND DO IT AGAIN.
# 34 MS. CLARK: THAT IS THE PROBLEM. WE NEED THE WITNESS TO TESTIFY; NOT MR. HARRIS.
# 35 MR. BAILEY: I WANT MR. HARRIS TO INDICATE, FOR PURPOSES OF CROSS-EXAMINATION, A POINT AND ASK THE WITNESS --
# 36 THE COURT: COUNSEL, YOU NEEDN'T TALK TO EACH OTHER. YOU NEED TO TALK TO ME ABOUT THIS.
# 37 MR. BAILEY: YES, YOUR HONOR.
# 38 THE COURT: MR. HARRIS, DO YOU HAVE AN ARROW? THERE YOU GO. THANK YOU.
# 39 Q: BY MR. BAILEY: DO YOU RECOGNIZE THAT SPOT, SERGEANT?
# 40 A: NO, SIR, I DON'T.
# 42 A: THAT IS A SCHEMATIC, SIR.
# 44 A: THAT IS A SCHEMATIC.
# 46 A: I HAVE NEVER SEEN THIS BEFORE.
KEY QUOTE # 47 Q: I UNDERSTAND, BUT YOU WERE ON THE SCENE, RIGHT?
# 48 A: I WAS ON THE SCENE, YES.
# 49 Q: ARE YOU ABLE TO DERIVE FROM THAT EXPERIENCE ENOUGH MEMORY TO PLACE YOURSELF ON THE SCHEMATIC?
# 50 A: NO, NOT THE SCHEMATIC.
# 51 MR. BAILEY: OKAY. WOULD YOU PLEASE PLACE AN INDICATOR ON THE REAR GATE OF THAT SCHEMATIC, DEFENSE 1015.
# 52 MS. CLARK: OBJECTION, YOUR HONOR.
# 53 THE COURT: NO, COUNSEL. HOLD ON.
# 54 MS. CLARK: CAN WE HAVE THE WITNESS -- THERE SHOULD BE A QUESTION AT LEAST POSED OF THE WITNESS AS TO WHETHER OR NOT HE --
# 55 MR. BAILEY: HE IS WAITING, YOUR HONOR, AT YOUR DIRECTION.
# 56 THE COURT: PROCEED, COUNSEL.
# 57 MR. BAILEY: OKAY. WOULD YOU LOCATE THE ARROW AT THE REAR OF THE GATE ON THE SCHEMATIC.
# 58 Q: SERGEANT ROSSI, DO YOU RECOGNIZE ON THE SCHEMATIC THAT PLACE?
# 59 A: NO, BUT IF YOU TELL ME THAT IS THE REAR GATE, I WILL BELIEVE YOU.
KEY QUOTE # 60 Q: I DON'T WANT YOU TO TAKE ANYTHING FOR GRANTED. DO YOU SEE WHAT PURPORTS TO BE STEPS, UP AND DOWN STEPS?
# 61 A: THAT DOESN'T LOOK LIKE STEPS TO ME, SIR.
# 62 Q: DID YOU GO DOWN ANY STEPS THAT NIGHT WHEN YOU ENTER THE ALLEY EITHER WITH PHILLIPS OR WITH RISKE?
# 64 Q: OKAY. AND AFTER YOU WENT DOWN THE STEPS DID YOU THEN GO UP SOME STEPS?
# 66 Q: AND THEN DID YOU DESCEND A SECOND SET OF STEPS?
# 68 Q: CAN YOU TELL US, WITH RESPECT TO THE STEPS THAT YOU WENT DOWN AND THEN UP, WHERE YOU SAW WHAT YOU THOUGHT WERE TWO BLOODY FOOTPRINTS?
# 69 A: IF THAT IS THE WALKWAY, I SAW THE FOOTPRINTS APPROXIMATELY HALFWAY DOWN THE WALKWAY TOWARDS BUNDY.
# 70 Q: ALL RIGHT. DO YOU SEE THE SCALE ON THE BOTTOM SHOWING IT IS 170 FEET?
# 71 MS. CLARK: OBJECTION. THAT IS -- THAT MISSTATES WHAT IS ON THE DIAGRAM.
# 72 THE COURT: OVERRULED.
# 73 MS. CLARK: 170 FEET OUT TO BUNDY.
# 74 THE COURT: OVERRULED. THE JURY CAN SEE THE SAME THING.
# 75 SGT. DAVID ROSSI: YES, I DO SEE THAT.
# 76 Q: BY MR. BAILEY: OKAY. NOW, CAN YOU LOCATE YOURSELF, WITH RESPECT TO THE STEPS THAT YOU WENT DOWN AND THEN UP, AND TELL US WHERE PRECISELY YOU SAW THESE FOOTPRINTS, SERGEANT ROSSI?
# 77 A: ABOUT HALF WAY DOWN THAT WALKWAY, SIR.
# 78 Q: WITH RESPECT TO THE STEPS?
# 79 A: ABOUT 50 FEET FROM THOSE STEPS.
# 80 Q: THE DOWN STEPS OR THE UP STEPS?
# 81 A: THE ONES BY THE GATE, CLOSEST TO THE GATE.
# 82 Q: ALL RIGHT. 50 FEET FROM THE STEPS GOING DOWN NEAR THE REAR GATE?
# 83 A: NEAREST THE REAR GATE.
# 84 Q: YOU SAW BLOODY FOOTPRINTS?
# 85 A: AS I RECALL, YES.
# 86 Q: OKAY. SO I TAKE IT THEN THAT YOU SAW THE FOOTPRINTS BEFORE YOU PROCEEDED UP THE STEPS YOU HAVE JUST TOLD US YOU CLIMBED?
# 88 Q: OKAY. THEN YOU SEE A VERY BRIEF LEVEL AREA BETWEEN THE SECOND SET OF STEPS AND THE THIRD SET AS YOU WALK FROM THE ALLEY TOWARD BUNDY?
# 89 A: IF THAT IS WHAT THAT IS.
# 90 Q: WELL, ASSUMING THAT IS WHAT IT IS, IS THAT WHERE THE FOOTPRINTS WERE?
# 91 (NO AUDIBLE RESPONSE.) # 92 MS. CLARK: OBJECTION, YOUR HONOR. THIS WITNESS --
# 93 THE COURT: OVERRULED.
# 94 SGT. DAVID ROSSI: I CAN'T ACCURATELY TESTIFY TO THAT, SIR, OFF THE SCHEMATIC. I'M SORRY.
KEY QUOTE # 95 Q: BY MR. BAILEY: YOU SAW THEM TWICE THAT MORNING?
# 97 Q: THEY WERE POINTED OUT AND YOU DISCOVERED THEM WITH OFFICER RISKE?
# 99 Q: AND THEN YOU TOOK DETECTIVE PHILLIPS SO COULD YOU POINT THEM OUT TO HIM?
# 101 Q: ARE YOU TODAY UNABLE TO LOCATE THOSE FOOTPRINTS ON THIS SCHEMATIC?
# 102 A: IF I WAS AT THE SCENE I WOULDN'T. I WOULD BE ABLE TO, BUT NOT OFF THE SCHEMATIC.
# 103 Q: YOU CANNOT LOCATE, WITH RESPECT TO THE STEPS, WHERE YOU SAW FOOTPRINTS?
# 104 A: NOT ACCURATELY. ALL I RECALL IS, IS THAT THEY WERE APPROXIMATELY 50 FEET FROM THE GATE AS YOU ENTERED THAT WALKWAY GOING TOWARDS THE FRONT OF THE HOUSE.
# 105 Q: WOULD 50 FEET FROM THE GATE BE TO A SET OF STEPS OR DID YOU SEE THEM ON LEVEL GROUND?
# 106 A: IT WAS LEVEL GROUND.
# 107 Q: BUT YOU ARE UNABLE TO TELL US WHICH LEVEL SEGMENT OF THAT WALKWAY IS WHAT YOU HAVE IN MIND?
# 109 MR. BAILEY: THAT'S ALL. THANK YOU.
# 110 THE COURT: MISS CLARK, ANYTHING ON THAT ISSUE?
# 111 MS. CLARK: NO, YOUR HONOR, NOTHING FURTHER.
# 112 THE COURT: ALL RIGHT. SERGEANT ROSSI, THANK YOU VERY MUCH. YOU ARE HOW EXCUSED AS A WITNESS. I'M GOING TO DIRECT YOU NOT TO DISCUSS YOUR TESTIMONY WITH ANYBODY ELSE UNTIL THE CASE HAS BEEN CONCLUDED. THANK YOU VERY MUCH, SIR.