Direct examination of Dave Rossi

📄 Direct examination of Dave Rossi — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\DIRECT-EXAMINATION-OF-DAVE-ROS.DOC

TRIAL

▲ Day 19 of 167

◀ Redirect examination of Dave Rossi (part 3) Sidebar (3) ▶

Witness: Sgt. David Rossi
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 128

Marcia Clark completes her redirect examination of watch commander Dave Rossi, picking up from the previous day when a printer malfunction interrupted the session. She has Rossi trace his path to the call box on a crime scene photograph and then walks through the LAPD General Reporting Instructions manual section-by-section, methodically rehabilitating Rossi's actions at the scene after Bailey's cross-examination had used the same manual against him.

# 1 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 2 MS. CLARK:

YOUR HONOR, WE HAD TROUBLE PRINTING YESTERDAY. YOU HAD ASKED US TO HAVE HIM DRAW AND IF I MAY AT THIS TIME --

# 3 THE COURT:

WHAT IS THE STATUS OF OUR --

# 4 MR. FAIRTLOUGH:

YOUR HONOR, IT IS AGAIN FULLY OPERATIONAL. WE REPAIRED A SLIGHT WIRING PROBLEM THAT DISENABLED THE PRINTER.

# 5 THE COURT:

ALL RIGHT. MISS CLARK, REFRESH MY RECOLLECTION. WHICH PHOTOGRAPH IS THIS?

# 6 MS. CLARK:

THIS IS 43-B-1.

# 7 THE COURT:

ALL RIGHT. YOU MAY APPROACH.

# 8 MS. CLARK:

THANK YOU.

# 9 Q:

SIR, IF YOU RECALL YESTERDAY, WE WERE SHOWING YOU THIS PHOTOGRAPH AND TRYING TO LET -- HAVE YOUR PATH -- THE PATH YOU TOOK UP TO THE CALL BOX AREA AT THE FRONT OF THE CONDOMINIUM AT 875 SOUTH BUNDY, HOW YOU AVOIDED THE WALKWAY?

# 10 A:

YES, I DO.

# 11 Q:

YOU INDICATED THAT YOU TOOK A PATH THAT TOOK YOU THROUGH THE GRASS?

# 12 A:

YES.

# 13 Q:

AND WE WERE TRYING TO TRACE IT BUT IT WOULDN'T PRINT. REMEMBER THAT?

# 14 MR. BAILEY:

PLEASE, YOUR HONOR.

# 15 THE COURT:

THESE ARE FOUNDATIONAL QUESTIONS, COUNSEL. WE GIVE THEM SOME LEEWAY ON THIS.

# 16 Q:

BY MS. CLARK: COULD YOU PLEASE TRACE YOUR PATH NOW, SIR.

# 17 A:

IT WAS OVER TO THE LEFT OF THESE PLANTS, (INDICATING).

# 18 Q:

THAT BLACK PEN ISN'T SHOWING UP VERY WELL, IS IT? LET ME GET A RED ONE.

# 19 (BRIEF PAUSE.)

# 20 THE COURT:

MISS CLARK, I HAVE A RED MARKS-A-LOT.

# 21 MS. CLARK:

THAT'S GREAT. THANK YOU, YOUR HONOR.

# 22 (BRIEF PAUSE.)

# 23 Q:

BY MS. CLARK: TRY THIS ONE.

# 24 (WITNESS COMPLIES.)

# 25 THE COURT:

BETTER?

# 26 MS. CLARK:

YES.

# 27 SGT. DAVID ROSSI:

ENDED UP AT ABOUT THERE, (INDICATING).

# 28 MS. CLARK:

OKAY. FOR THE RECORD, THE WITNESS HAS PUT AN ARC IN RED ON IT. I'M GOING TO SHOW IT ON THE ELMO NOW. AND PERHAPS IF THIS IS NOT DISTINCT ENOUGH, WE CAN -- WE HAVE THE CAPABILITY TO PRINT NOW, WE ARE JUST GOING TO DO IT AGAIN AND WITHDRAW THIS EXHIBIT. COULD WE CUT THE FEED, YOUR HONOR? I'M SORRY.

# 29 MR. COCHRAN:

CUT THE FEED.

# 30 Q:

BY MS. CLARK: ALL RIGHT. THE ARC THAT YOU HAVE DRAWN ON THIS EXHIBIT, 43-B-1, SIR, IS THAT -- THAT ARC DESCRIBE YOUR PATH THAT YOU TOOK UP TO THE CALL BOX IN ORDER TO EXAMINE THE SCENE?

# 31 A:

YES, IT DOES.

# 32 Q:

AND FROM THAT VANTAGE POINT WHAT EVIDENCE WERE YOU ABLE TO SEE?

# 33 A:

I WAS ABLE TO SEE A MALE AND A FEMALE VICTIM OF AN APPARENT HOMICIDE.

# 34 Q:

AND DID YOU -- AND FROM THAT VANTAGE POINT WERE YOU ABLE TO SEE EVIDENCE IN THE AREA AT THE FEET OF RON GOLDMAN?

# 35 A:

YES, I WAS.

# 36 Q:

AND WHAT WERE YOU ABLE TO SEE?

# 37 A:

I WAS ABLE TO SEE AN ENVELOPE AND A DARK-COLORED KNIT CAP, A BLACK GLOVE OR A DARK-COLORED GLOVE.

KEY QUOTE

# 38 Q:

NOW, YOU INDICATED -- YOU INDICATED, SIR, THAT YOU WALKED 50 FEET DOWN THE ALLEY?

# 39 A:

DOWN THE WALKWAY.

# 40 Q:

I'M SORRY, DOWN THE WALKWAY?

# 41 A:

APPROXIMATELY, YES.

# 42 Q:

RIGHT. AND THAT IS WHEN YOU SAW THAT LAST SET OF BLOODY SHOEPRINTS?

# 43 A:

YES.

# 44 Q:

IS THAT AN APPROXIMATION, THAT DISTANCE, SIR?

# 45 A:

YES, IT IS.

# 46 Q:

HOW MANY FEET DO PEOPLE HAVE?

# 47 A:

TWO.

# 48 Q:

AND YOU SAW HOW MANY SHOEPRINTS?

# 49 A:

I SAW TWO.

# 50 Q:

NOT FOUR?

# 51 A:

NO.

# 52 Q:

COUNSEL WAS SHOWING YOU WHAT PURPORTS TO BE A SECTION FROM THE LAPD MANUAL CALLED "GENERAL REPORTING INSTRUCTIONS."

# 53 A:

YES.

# 54 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 55 MS. CLARK:

MAY WE APPROACH, YOUR HONOR?

# 56 THE COURT:

I DON'T THINK WE NEED TO. MR. BAILEY, DO YOU WANT TO TAKE YOUR SEAT.

# 57 MR. BAILEY:

SORRY, YOUR HONOR?

# 58 THE COURT:

DO YOU WANT TO TAKE YOUR SEAT, PLEASE. THANK YOU.

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

# 60 MR. FAIRTLOUGH:

ONE, PLEASE.

# 61 MS. CLARK:

THANK YOU.

# 62 Q:

ALL RIGHT. SO NOW THE JURY CAN SEE IT, TOO. FIRST OF ALL, CONDUCTING THE INVESTIGATION. WERE YOU CONDUCTING THE INVESTIGATION, SIR?

# 63 A:

NO.

# 64 Q:

NOW, YOU NOTICE THAT AFTER THAT FIRST PARAGRAPH IT TALKS ABOUT OFFICERS WORKING IN PARTNERS, RIGHT?

# 65 A:

YES.

# 66 Q:

ALL RIGHT. AND THEN IT SAYS THAT THERE IS A DUTY TO NOTIFY THE INVESTIGATING UNIT WITHOUT DELAY IF THERE IS A NEED FOR AN IMMEDIATE MAJOR CRIME INVESTIGATION?

# 67 A:

YES.

# 68 Q:

OKAY. AND START A CRIME SCENE LOG IF APPROPRIATE. DO YOU SEE THAT?

# 69 A:

YES, I DO.

# 70 Q:

DID YOU DO THAT?

# 71 A:

YES.

# 72 Q:

DID YOU NOTIFY INVESTIGATING UNITS RIGHT AWAY?

# 73 A:

YES, I DID.

# 74 Q:

AND YOU STARTED A CRIME SCENE LOG OR YOU MADE SURE ONE WAS STARTED?

# 75 A:

I MADE SURE ONE WAS STARTED.

# 76 Q:

AND THEN PROTECTING THE SCENE, EG, BANNER TAPE. DOES THAT MEAN THAT CRIME SCENE TAPE THAT WE SAW IN THE PHOTOGRAPHS YOU TALKED ABOUT?

# 77 A:

YES.

# 78 Q:

AND DID YOU MAKE SURE THAT THAT WAS -- THAT WAS DONE?

# 79 A:

YES, I DID.

# 80 Q:

AND THAT THE TAPE WAS PLACED IN THE APPROPRIATE POSITION?

# 81 A:

YES.

# 82 Q:

AND IT SAYS "LOCATE ITEMS THAT COULD IDENTIFY THE SUSPECT OR SHOW HOW THE CRIME WAS COMMITTED"?

# 83 (NO AUDIBLE RESPONSE.)

# 84 Q:

IT SAYS THAT? DO YOU SEE THAT ON THE MONITOR?

# 85 A:

I TAKE THAT AS EVIDENCE, YES, AND WE DID THAT.

# 86 Q:

OKAY. DO YOU KNOW HOW YOU CAN POSSIBLY DO THAT IF YOU DON'T CROSS THE CRIME SCENE TAPE AND LOOK AT THE CRIME SCENE?

# 87 A:

NOT -- NO, NOT -- NOT THOROUGHLY, THAT IS FOR SURE.

# 88 Q:

CAN YOU FLY?

# 89 A:

NO.

# 90 Q:

YOU'VE GOT A WALK ON YOUR FEET?

# 91 A:

YES, I DO.

# 92 Q:

AND IN ORDER TO PRESERVE THINGS LIKE FINGERPRINTS, IS THAT WHY THE CRIME SCENE TAPE IS PUT UP THERE?

# 93 A:

THE CRIME SCENE TAPE IS PUT UP TO DISALLOW PEOPLE WHO ARE NOT AUTHORIZED TO ENTER THE CRIME SCENE.

# 94 Q:

AND WHY DO YOU WANT TO DO THAT?

# 95 A:

TO PROTECT THE EVIDENCE FROM ANY TYPE OF CONTAMINATION.

# 96 Q:

AND DO YOU KNOW OF ANY WAY TO MAKE SURE THAT THE APPROPRIATE DISTANCE AROUND THE EVIDENCE IS PROTECTED -- LET ME SEE IF I CAN SAY THIS IN ENGLISH. DO YOU KNOW OF ANY WAY TO DETERMINE WHERE THE CRIME SCENE TAPE SHOULD BE PLACED WITHOUT LOOKING TO SEE WHAT THE EVIDENCE IS?

# 97 A:

NO.

# 98 Q:

WITH RESPECT TO LOCATE AND IDENTIFY WITNESSES, WHAT, IF ANYTHING, DID YOU ASCERTAIN WITH RESPECT TO THE ATTEMPT TO LOCATE AND IDENTIFY WITNESSES WHEN YOU WERE AT THE SCENE?

# 99 A:

WHEN I ARRIVED I WAS TOLD THAT THERE WAS ONE TEAM OUT KNOCKING ON DOORS IN THE IMMEDIATE AREA TRYING TO GET POSSIBLE WITNESSES.

# 100 Q:

NOW, WITH RESPECT TO ESTABLISHING THE ELEMENTS OF THE CRIME AND OTHER DETAILS AND COMPLETE THE NECESSARY REPORTS -- FIRST OF ALL, THE NECESSARY REPORTS. WHAT REPORTS?

# 101 MR. BAILEY:

I OBJECT. SHE IS GOING AHEAD, YOUR HONOR. SHE OUGHT TO READ THE WHOLE PARAGRAPH AND NOT LEAVE OUT THE KEY WORDS.

# 102 THE COURT:

OVERRULED. IT IS BEING DISPLAYED FOR THE JURORS. THEY CAN MAKE THEIR OWN DETERMINATION. MISS CLARK.

# 103 Q:

BY MS. CLARK: WITH RESPECT TO "COMPLETE THE NECESSARY REPORTS," WHAT KIND OF REPORT IS THE WATCH COMMANDER REQUIRED TO MAKE?

# 104 A:

AT THE SCENE OF A HOMICIDE?

# 105 Q:

UH-HUH.

# 106 A:

THE CRIME SCENE LOG.

# 107 THE COURT:

IS THAT YES?

# 108 MS. CLARK:

I'M SORRY, YES. THANK YOU, YOUR HONOR. I'M DOING IT.

# 109 Q:

OKAY. THE CRIME SCENE LOG. ARE YOU REQUIRED TO FILL THAT OUT, SIR?

# 110 A:

NO. I'M REQUIRED TO MAKE SURE THAT IT IS FILLED OUT.

# 111 Q:

THAT SOMEONE IS DOING IT?

# 112 A:

THAT'S CORRECT.

# 113 Q:

AND DID YOU DO THAT?

# 114 A:

YES, I DID.

# 115 Q:

IS THERE ANY OTHER REPORT THAT YOU ARE REQUIRED TO COMPLETE?

# 116 A:

NO.

# 117 Q:

WITH RESPECT TO ESTABLISHING THE ELEMENTS OF THE CRIME AND OTHER DETAILS RELATING TO WHO, WHAT, WHEN, WHERE, WHY AND HOW, CAN YOU EXPLAIN WHAT THAT MEANS, WHAT KIND OF DUTY THAT IMPOSES ON THE WATCH COMMANDER AT A HOMICIDE SCENE?

# 118 A:

THAT IS NOT GENERALLY WHAT THE WATCH COMMANDER DOES. THAT IS USUALLY LEFT UP TO THE RESPONDING DETECTIVES.

# 119 Q:

NOW, THIS SECTION OVERALL, SIR, ENTITLED "GENERAL REPORTING INSTRUCTIONS," TELL US WHAT -- WHAT IS THIS? IS THIS A -- THIS IS A RULE BOOK YOU HAVE TO FOLLOW HARD AND FAST? DOES IT GOVERN EVERY DETAIL OF YOUR WORK, YOUR SPECIFIC WORK AS A WATCH COMMANDER ESPECIALLY?

# 120 A:

NO, IT IS JUST WHAT THEY SAY. IT SAYS "GENERAL INSTRUCTIONS," A REFERENCE.

# 121 Q:

AND IS THERE ANYTHING IN THESE SECTIONS THAT HAVE BEEN SHOWN TO YOU BY COUNSEL THAT SPECIFICALLY REFERS TO WHAT YOUR DUTY AS A WATCH COMMANDER SHOULD BE AT A HOMICIDE SCENE?

# 122 A:

OTHER THAN NOTIFYING THE RESPONDING DETECTIVES AND SECURING IT, NO.

KEY QUOTE

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

# 124 THE COURT:

ALL RIGHT. MADAM REPORTER, WHY DON'T WE TAKE THIS OPPORTUNITY TO CHANGE PAPER.

# 125 (BRIEF PAUSE.)

# 126 THE COURT:

MISS CLARK.

# 127 MS. CLARK:

THANK YOU, YOUR HONOR. I HAVE NOTHING FURTHER.

# 128 THE COURT:

MR. BAILEY.

Temperature

procedural

Key Quotes (4)

Dave Rossi

I WAS ABLE TO SEE AN ENVELOPE AND A DARK-COLORED KNIT CAP, A BLACK GLOVE OR A DARK-COLORED GLOVE.

Confirms Rossi observed key physical evidence — the envelope, knit cap, and dark glove — from his position before crossing the crime scene tape.

Marcia Clark

CAN YOU FLY?

Rhetorical reductio ad absurdum to rebut the defense implication that Rossi should not have crossed the tape — you cannot locate evidence without entering the scene.

Dave Rossi

NO, IT IS JUST WHAT THEY SAY. IT SAYS 'GENERAL INSTRUCTIONS,' A REFERENCE.

Defuses the defense's use of the LAPD manual as a rigid rulebook, characterizing it as general guidance rather than hard-and-fast protocol.

Dave Rossi

OTHER THAN NOTIFYING THE RESPONDING DETECTIVES AND SECURING IT, NO.

Narrows the watch commander's actual duties under the manual, undercutting any suggestion he violated specific obligations.

Evidence (2)

People's 43-B-1

Aerial or overhead photograph of 875 South Bundy showing the walkway, call box area, and surrounding grounds

Witness drew his path in red marker; Clark moved to display on ELMO

Informal

LAPD manual section titled 'General Reporting Instructions,' used by Bailey on cross and revisited by Clark on redirect

Displayed to jury on monitor; Clark walked through specific provisions to rehabilitate Rossi

Notable Exchanges (3)

Lance A. Ito•Marcia Clark

Judge Ito offered Clark his own red Marks-A-Lot marker when the black pen was not showing up on the photograph.

light

F. Lee Bailey•Lance A. Ito

Bailey objected that Clark was skipping 'key words' in the manual paragraph and reading it selectively; Ito overruled, noting the document was displayed for jurors to read themselves.

strategic

Marcia Clark•Dave Rossi

Clark's rhetorical sequence — 'Can you fly? You've got a walk on your feet?' — to establish that physically entering the scene was necessary to locate and protect evidence.

revealing

Light Moments (2)

Lance A. Ito

Judge Ito produced his own red Marks-A-Lot marker for the witness to use when the black pen failed to show up on the photograph.

Marcia Clark

Clark asked 'How many feet do people have?' and Rossi replied 'Two.' Clark followed: 'And you saw how many shoeprints? / Two. / Not four? / No.' — a deadpan exchange establishing only one person's prints were present.

Witness Demeanor

(WITNESS COMPLIES.) — witness draws path on photograph as instructed

(NO AUDIBLE RESPONSE.) — brief hesitation when asked about locating suspect-identifying items

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4848 • 128 utterances • Prosecution witness

Criminal Trial

Department 103