Direct examination of Ronald Phillips (part 2)

📄 Direct examination of Ronald Phillips (part 2) — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\DIRECT-EXAMINATION-OF-RONALD-P.DOC

TRIAL

▲ Day 19 of 167

◀ Witness discussion Direct examination of Ronald Phillips (part 3) ▶

Witness: Det. Ronald Phillips
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 231

Detective Ronald Phillips continued his direct examination by Marcia Clark, describing his initial observations of the crime scene at 875 South Bundy — the positions of both bodies, the glove and knit cap near Ron Goldman's feet, the bloody shoeprints leading away from the scene, and the Akita dog tied nearby. He also testified about Commander Bushey's instructions to notify O.J. Simpson personally of Nicole's death before it hit the media, and his investigation of the 911 call from neighbor Elsie Tistaert that originally brought police to the scene.

# 1 THE COURT:

YES, PLEASE.

# 2 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 3 THE COURT:

LADIES AND GENTLEMEN, BE SEATED. WE'RE MISSING ONE. ALL RIGHT. LET THE RECORD REFLECT THAT WE'VE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL AND THAT DETECTIVE PHILLIPS IS ON THE WITNESS STAND. DETECTIVE PHILLIPS, GOOD AFTERNOON.

# 4 DET. RONALD PHILLIPS:

GOOD AFTERNOON.

# 5 THE COURT:

YOU ARE REMINDED THAT YOU ARE STILL UNDER OATH. AND, MISS CLARK, DO YOU WISH TO RESUME WITH YOUR DIRECT EXAMINATION?

# 6 THE CLERK:

YES. THANK YOU, YOUR HONOR. GOOD AFTERNOON.

# 7 THE JURY:

GOOD AFTERNOON.

# 8 MS. CLARK:

WE HAVE PRINTED THIS OUT NOW, YOUR HONOR, WOULD ASK THAT IT BE MARKED AS PEOPLE'S 42-A.

# 9 THE COURT:

ALL RIGHT. PEOPLE'S 42-A, DIAGRAM BY DETECTIVE PHILLIPS.

# 10 (PEO'S 42-A FOR ID = DIAGRAM)

# 11

DIRECT EXAMINATION (RESUMED)

# 12

BY MS. CLARK:

# 13 Q:

NOW, FROM THAT VANTAGE POINT -- OKAY. FROM THAT VANTAGE POINT, SIR, THAT WAS INDICATED THERE ON PHOTOGRAPH 42-A AND THEN PHOTOGRAPH 42, CAN YOU TELL US WHAT YOU WERE ABLE TO SEE?

# 14 A:

YES. I FIRST OBSERVED A FEMALE LYING ON HER LEFT SIDE, A SEMI-FETAL POSITION, WEARING A BLACK DRESS. I THEN OBSERVED A MALE CAUCASIAN ON HIS RIGHT SIDE FACING MORE OF AN EAST-WEST DIRECTION THAT WAS LYING UP NEAR A IRON GATE, THIS GATE AREA THAT SURROUNDED A LITTLE DIRT AREA. I NOTICED A WHITE ENVELOPE AND THEN I WAS POINTED OUT WHERE A -- IT WAS POINTED OUT TO ME WHERE A SKI CAP OF SOME TYPE WAS AND A GLOVE WAS AND ALSO WHERE A BEEPER WAS AND A SET OF KEYS.

KEY QUOTE

# 15 Q:

NOW, WERE YOU ABLE TO -- CAN YOU TELL US, SIR, WHEN YOU LOOKED OVER TOWARDS THE BODY OF THE MALE THAT YOU'VE DESCRIBED, WHAT WAS IT YOU SAW IN THE AREA OF HIS FEET IF ANYTHING?

# 16 A:

WELL, AT HIS FEET WAS THE GLOVE AND THE HAT, THE KNIT CAP. THEY WERE DIRECTLY BELOW HIS FEET NOT QUITE AT HIS FEET, BUT MORE BETWEEN HIM AND THE FEMALE WAS THE ENVELOPE.

KEY QUOTE

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

# 18 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS GOING TO BE PEOPLE'S --

# 19 MS. CLARK:

43? 43-E?

# 20 MR. FAIRTLOUGH:

THIS IS PEOPLE'S 43-E, YOUR HONOR.

# 21 THE COURT:

ALL RIGHT.

# 22 MR. FAIRTLOUGH:

AND WOULD YOU CUT THE FEED?

# 23 THE COURT:

YES.

# 24 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT'S BEING SHOWN TO YOU HERE, SIR?

# 25 A:

YES, I DO.

# 26 Q:

AND CAN YOU TELL US, IS THAT THE BODY OF THE MALE VICTIM YOU'VE JUST DESCRIBED?

# 27 A:

YES, IT IS.

# 28 Q:

WITH THE LASER POINTER, I'M GOING TO POINT TO THIS WHITE OBJECT HERE (INDICATING). IS THAT THE ENVELOPE THAT YOU OBSERVED?

# 29 A:

YES, IT IS.

# 30 Q:

AND THEN YOU INDICATED AT THE -- CLOSE TO THE FEET OF RON GOLDMAN, THAT YOU SAW A KNIT CAP AND A DARK LEATHER GLOVE?

# 31 A:

YES.

# 32 Q:

IS THAT IN THE AREA I'M INDICATING NOW WITH THE POINTER (INDICATING)?

# 33 A:

YES, IT IS.

# 34 MR. FAIRTLOUGH:

OKAY. YOUR HONOR, THIS IS PEOPLE'S 44.

# 35 THE COURT:

PEOPLE'S 44.

# 36 Q:

BY MS. CLARK: IF YOU CAN LOOK UP AT THE MONITOR, SIR, THE SCREEN I MEAN, THE ITEM I'M CIRCLING RIGHT NOW, WHAT'S THAT?

# 37 A:

I CAN'T REALLY SEE IT. LOOKS LIKE THE HAT, THE KNIT CAP.

# 38 Q:

OKAY. CAN YOU LOOK DOWN AT -- YOU SEE WHERE I'M POINTING TO?

# 39 A:

YES.

# 40 Q:

LOOK AT YOUR MONITOR.

# 41 A:

YES. KNIT CAP.

# 42 Q:

OKAY. AND THEN THE ITEM THAT'S JUST BELOW IT ON THE PHOTOGRAPH THAT I'M CIRCLING NOW?

# 43 A:

THAT WOULD BE THE GLOVE.

# 44 THE COURT:

ALL RIGHT. MISS CLARK, IF YOU NEED TO, DETECTIVE PHILLIPS CAN STEP OFF THE WITNESS STAND. IT IS A DIFFICULT ANGLE TO SEE.

# 45 MS. CLARK:

ALL RIGHT.

# 46 Q:

BY MS. CLARK: DID YOU OBSERVE ANYTHING ELSE FROM YOUR VANTAGE POINT AT THAT TIME?

# 47 A:

AT THAT PARTICULAR TIME, NO.

# 48 Q:

NOW, WHO WAS WITH YOU WHEN YOU SAID THOSE OBSERVATIONS?

# 49 A:

OFFICER RISKE AND DETECTIVE MARK FUHRMAN.

# 50 Q:

THEY WERE BOTH STANDING NEXT TO YOU?

# 51 A:

WE WERE IN A ROW OR KIND OF ONE, TWO, THREE AT ONE TIME, AND THEN AFTER I TOOK MY LOOK, I KIND OF BACKED OFF, ALLOWED MARK FUHRMAN TO GET UP CLOSER AND TAKE A LOOK AND THEN WE BACKED OUT OF THE AREA.

# 52 Q:

BY THE WAY, WHAT WERE YOU WEARING?

# 53 A:

A SUIT. I THINK IT WAS A BLUE SUIT.

# 54 Q:

LIKE THE ONE YOU'RE WEARING NOW?

# 55 A:

YES.

# 56 Q:

OKAY. WHAT WAS MARK WEARING?

# 57 A:

HE HAD SOME -- I THINK HE HAD SOME BLACK SLACKS ON AND A WHITE SHIRT AND A TIE.

# 58 Q:

WAS HE WEARING A JACKET?

# 59 A:

NO, HE WAS NOT.

# 60 Q:

WAS THAT UNCOMMON FOR HIM?

# 61 A:

NO. MARK FUHRMAN NEVER WEARS HIS JACKET.

# 62 Q:

NOW, DID YOU HAVE A CONVERSATION WITH COMMANDER BUSHEY AT AROUND THAT TIME WHEN YOU FIRST ARRIVED AT THE SCENE?

# 63 A:

WHEN I FIRST ARRIVED AND I WAS TALKING TO OFFICER RISKE, SERGEANT ROSSI WAS TALKING ON THE CELLULAR TELEPHONE AND HE HANDED ME THE TELEPHONE, AND THE INDIVIDUAL ON THE PHONE INFORMED ME THAT HE WAS COMMANDER KEITH BUSHEY.

# 64 Q:

WHO'S THAT?

# 65 A:

COMMANDER KEITH BUSHEY IS THE COMMANDER OF OPERATIONS, WEST BUREAU, WHICH IS THE BUREAU THAT I WORK FOR. WEST L.A. IS IN WEST BUREAU.

# 66 Q:

AND SO WHAT IS HE -- WHAT DOES HE HAVE COMMAND OVER?

# 67 A:

HE HAS COMMAND OVER WEST BUREAU. HE'S DIRECTLY UNDERNEATH DEPUTY CHIEF FRANKLE.

# 68 Q:

DOES THAT MEAN THAT HE'S OVER ALL OF THE DETECTIVES?

# 69 A:

WELL, HE'S OVER --

# 70 Q:

IN WEST L.A.?

# 71 A:

HE'S OVER THE DIVISIONS IN WEST LOS ANGELES OR IN WEST BUREAU WHICH IS WILSHIRE DIVISION, PACIFIC DIVISION, HOLLYWOOD DIVISION AND WILSHIRE DIVISION AND WEST L.A.

# 72 Q:

AND EVERYBODY IN THOSE DIVISIONS?

# 73 A:

THAT'S CORRECT.

# 74 Q:

SO HE'S YOUR BOSS?

# 75 A:

HE'S ONE OF OUR HIGHEST RANKING BOSSES, YES.

# 76 Q:

WERE YOU GIVEN SOME INSTRUCTION WITH RESPECT TO THE HANDLING OF THIS CASE BY COMMANDER BUSHEY?

# 77 A:

YES, I WAS.

# 78 Q:

AND WHAT WAS THAT?

# 79 MR. COCHRAN:

CALLS FOR HEARSAY, YOUR HONOR.

# 80 THE COURT:

OVERRULED.

# 81 DET. RONALD PHILLIPS:

ORIGINALLY HE ASKED ME WHAT I HAD, WHAT I KNEW.

# 82 THE COURT:

THE QUESTION WAS, WHAT INSTRUCTION WERE YOU GIVEN BY COMMANDER BUSHEY, NOT WHAT HE ASKED. WHAT WAS THE INSTRUCTION GIVEN TO YOU?

# 83 DET. RONALD PHILLIPS:

HE GAVE ME TWO INSTRUCTIONS. ONE -- OKAY. ONE INSTRUCTION WAS THAT IF IT WAS OUTSIDE THE REALM OF WEST LOS ANGELES BEING ABLE TO INVESTIGATE THIS CRIME BECAUSE IT WAS NICOLE SIMPSON TURNED OUT TO BE THE DECEASED, THAT I SHOULD THINK ABOUT THE RESOURCES I HAD AVAILABLE, AND THE OTHER ONE WAS THAT IF IT TURNED OUT THAT IT DID INVOLVE O.J. SIMPSON, THIS BEING HIS EX-WIFE OR WIFE, THAT HE DID NOT WANT MR. SIMPSON TO BE MADE AWARE OF THE DEATH OF NICOLE IN THE MEDIA AND HE WANTED TO MAKE SURE THAT I NOTIFIED HIM IN PERSON AS A COURTESY TO HIM.

# 84 Q:

BY MS. CLARK: NOW, WHAT DID YOU MEAN BY THE RESOURCES? WHAT DO YOU MEAN BY THAT, WHETHER WEST L.A. HAD THE RESOURCES FOR THIS CASE?

# 85 A:

WELL, I THINK HE -- I WAS CONCERNED AND HE WAS ALSO CONCERNED I BELIEVE THAT IF IT TURNED OUT TO BE NICOLE SIMPSON, IT WAS GOING TO BECOME A MAJOR NEWS MEDIA EVENT. IT WAS GOING TO POSSIBLY INVOLVE O.J. SIMPSON ONLY AS THE FACT THAT HE WAS AT ONE TIME HER HUSBAND. WE HAD HIS CHILDREN AT WEST L.A. STATION AND IT MAY BECOME A BIGGER CASE THAN THE FOUR DETECTIVES I HAVE AT WEST L.A. COULD HANDLE THE PROPER WAY AND THAT POSSIBLY WE WOULDN'T WANT TO TAKE THIS CASE AND TRANSFER IT DOWNTOWN TO ROBBERY-HOMICIDE DIVISION WHO HAS MUCH -- MANY MORE RESOURCES THAN WE HAVE.

# 86 Q:

YOU'RE TALKING ABOUT IN TERMS OF MANPOWER AND IN JUST NUMBERS, IN QUANTITIES OF DETECTIVES AND OFFICERS AVAILABLE TO YOU?

# 87 A:

OH, THEY HAVE A GREAT DEAL MORE RESOURCES THAN WE HAVE AS FAR AS MANPOWER, ABILITY TO GO AND DO THINGS.

# 88 MR. COCHRAN:

YOUR HONOR, PERSON POWER.

KEY QUOTE

# 89 THE COURT:

PERSON POWER, DETECTIVE POWER. THANK YOU, MR. COCHRAN.

# 90 Q:

BY MS. CLARK: ALL RIGHT. AND THEN HE GAVE YOU SPECIFIC INSTRUCTIONS TO MAKE SURE YOU PERSONALLY NOTIFIED MR. SIMPSON --

# 91 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

# 92 THE COURT:

SUSTAINED.

# 93 MS. CLARK:

JUST FOUNDATION.

# 94 THE COURT:

HE'S ALREADY TESTIFIED TO IT.

# 95 Q:

BY MS. CLARK: NOW, DID YOU HAVE A CONVERSATION WITH OFFICER RISKE WHEN YOU RESPONDED TO THE SCENE?

# 96 A:

YES, I DID.

# 97 Q:

DID HE EXPLAIN TO YOU WHAT BROUGHT HIM TO THAT LOCATION TO BEGIN WITH?

# 98 A:

YES, HE DID.

# 99 Q:

WHAT KIND OF A CALL IT WAS?

# 100 A:

YES.

# 101 Q:

AND WHAT WAS IT -- WHAT WAS IT THAT HE EXPLAINED TO YOU?

# 102 MR. COCHRAN:

IT'S HEARSAY, YOUR HONOR.

# 103 MS. CLARK:

GOES TO EXPLAIN SUBSEQUENT CONDUCT.

# 104 THE COURT:

OVERRULED.

# 105 DET. RONALD PHILLIPS:

HE TOLD ME THAT HE HAD ARRIVED AT THAT LOCATION RESPONDING TO A 459 CALL ACROSS THE STREET I BELIEVE AT 873 OR 874 SOUTH BUNDY AND THAT --

# 106 Q:

BY MS. CLARK: WHAT'S A 459 CALL?

# 107 MR. COCHRAN:

YOUR HONOR, SHOULDN'T THERE BE A LIMITING INSTRUCTION IN THERE? AND THAT OBJECTION, IT'S LEGAL -- THAT'S A LIMITING INSTRUCTION, NOT OFFERED FOR THE TRUTH OF THE MATTER ASSERTED.

# 108 THE COURT:

IT'S NOT VERY CONSEQUENTIAL AT THIS POINT, COUNSEL. I DON'T THINK A LIMITING INSTRUCTION IS NECESSARY AT THIS POINT. PROCEED. IT'S JUST TO EXPLAIN SUBSEQUENT CONDUCT AFTER TALKING TO RISKE.

# 109 Q:

BY MS. CLARK: AND WHAT IS A 459 CALL?

# 110 A:

IT'S THE PENAL CODE SECTION FOR BURGLARY.

# 111 Q:

AND SO OFFICER RISKE TOLD YOU HE HAD RECEIVED A BURGLARY SUSPECT CALL FROM 874 SOUTH BUNDY?

# 112 A:

YES.

# 113 Q:

AND THAT WAS A 911 CALL?

# 114 A:

YES.

# 115 Q:

SO DID YOU GO TO INVESTIGATE THE SOURCE OF THAT CALL YOURSELF?

# 116 A:

LATER ON THAT MORNING I DID.

# 117 Q:

AND DID YOU SPEAK TO THE PERSON AT 874 SOUTH BUNDY WHO HAD CALLED 911?

# 118 A:

YES.

# 119 Q:

WHO WAS THAT?

# 120 A:

THE LADY'S NAME WAS ELSIE TISTAERT, TISTAERAT. I DON'T KNOW HOW TO SPELL HER NAME.

# 121 Q:

TISTAERT?

# 122 A:

TISTAERT.

# 123 Q:

AND YOU HAD A CONVERSATION WITH HER?

# 124 A:

YES, I DID.

# 125 Q:

AND DID YOU CONFIRM THAT SHE WAS THE ONE WHO CALLED OFFICER RISKE -- NOT OFFICER RISKE. I MEANT MADE THE 459 CALL TO 911.

# 126 A:

YES.

# 127 Q:

NOW, WHY DID YOU WANT TO GO AND TALK TO HER?

# 128 A:

I WENT OVER THERE TO FIND OUT IF IN FACT THAT SHE DID MAKE A PHONE CALL, IF THERE WAS IN FACT A SOURCE OF THIS BURGLARY CALL OVER THERE AND EXACTLY WHAT TRANSPIRED THAT MADE HER MAKE THIS ORIGINAL CALL.

# 129 Q:

WERE YOU TRYING TO DETERMINE WHETHER OR NOT IT WAS RELATED TO THE HOMICIDES ACROSS THE STREET OR A SEPARATE INCIDENT?

# 130 A:

WELL, I WANTED TO FIND OUT IF SHE HAD WITNESSED ANYTHING OR HAD HEARD ANYTHING OR WHAT SHE DID HERE SINCE SHE IS THE ONE THAT MADE THE CALL THAT BROUGHT THE POLICE THERE TO BEGIN WITH.

# 131 Q:

UH-HUH. AND WHAT DID YOU DETERMINE?

# 132 A:

I DETERMINED THAT SHE NEVER OPENED HER DOOR, THAT SHE HAD ORIGINALLY HEARD A BARKING DOG AND CALLED WEST L.A. DETEC OR WEST L.A. DESK AND THEY TOLD HER TO CALL THE ANIMAL POUND, AND THEN LATER ON THERE WAS SOME KNOCKING AT HER DOOR AND SHE BECAME ALARMED ON IT BECAUSE OF THE LATE EVENING HOUR, AND I BELIEVE SHE TOLD ME SHE LOOKED THROUGH THE PEEPHOLE BUT DIDN'T SEE ANYBODY AND SO SHE BECAME FRIGHTENED AND CALLED 911 AND TOLD THEM THERE WAS SOME BURGLARS OR PROWLERS AT HER FRONT DOOR.

# 133 Q:

AND WHAT DID YOU DETERMINE WITH RESPECT TO THE IDENTITY OF THE PERSONS KNOCKING ON HER DOOR?

# 134 A:

WELL, IT WAS RIGHT AFTER THAT THAT I WALKED ONE HOUSE NORTH AND MET ANOTHER INDIVIDUAL OVER THERE, WHO I DO NOT KNOW HIS NAME, AN ELDERLY GENTLEMAN WHO BASICALLY TOLD ME THAT HE HAD --

# 135 MR. COCHRAN:

OBJECTION TO WHAT HE TOLD HIM. HEARSAY.

# 136 THE COURT:

SUSTAINED.

# 137 Q:

BY MS. CLARK: YOU HAD A CONVERSATION WITH ANOTHER NEIGHBOR?

# 138 A:

YES, I DID.

# 139 Q:

AND BASED ON THAT CONVERSATION, WHAT DID YOU CONCLUDE?

# 140 A:

I CONCLUDED THAT THE BURGLARS THAT ELSIE HAD CALLED --

# 141 MR. COCHRAN:

OBJECTION TO THE FORM OF THIS. IT'S NOT BASED UPON THE SUBJECT OF THE PHONE CALL.

# 142 THE COURT:

OVERRULED.

# 143 DET. RONALD PHILLIPS:

I DETERMINED THAT THE BURGLAR OR INDIVIDUAL THAT ELSIE HAD CALLED ON WAS IN FACT AN INDIVIDUAL THAT HAD GONE TO THE NEXT HOUSE NORTH AND ASKED THAT GENTLEMAN TO MAKE A 911 CALL BECAUSE HE HAD DISCOVERED SOME BODIES ACROSS THE STREET AND HE HAD ADMITTED THAT HE WAS OVER AT ELSIE'S HOUSE BANGING ON HER DOOR.

# 144 Q:

BY MS. CLARK: NOW, DID YOU HAPPEN TO NOTICE A DOG ANYWHERE NEAR THE LOCATION OF 875 SOUTH BUNDY WHEN YOU ARRIVED?

# 145 A:

YES, I DID.

# 146 Q:

AND WHAT DID YOU -- WHERE DID YOU SEE THAT DOG?

# 147 A:

THE DOG WAS TIED UP TO A POST ON THE NORTHEAST CORNER OF BUNDY AND DOROTHY. IT WAS A WHITE AND PARTIALLY BROWN AKITA.

# 148 Q:

AND IT WAS TIED UP TO A POST NEAR THE LOCATION?

# 149 A:

POST OR TELEPHONE POLE OR LAMP STANDARD OF SOME TYPE.

# 150 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S 40-A.

# 151 Q:

BY MS. CLARK: IN PEOPLE'S 40-A, SIR, DO YOU SEE A DOG DEPICTED THERE?

# 152 A:

YES, I DO.

# 153 Q:

CAN YOU TELL US IF THAT APPEARS TO BE THE DOG YOU SAW TIED TO THE TELEPHONE POST NEAR 875 SOUTH BUNDY ON THE EARLY MORNING HOURS OF JUNE 13TH?

# 154 A:

IT APPEARS TO BE THE SAME DOG.

# 155 Q:

NOW, DID YOU HAPPEN TO NOTICE WHETHER THERE WERE ON THE WALKWAY LEADING FROM THE SIDEWALK TO THE FRONT STEPS OF 875 SOUTH BUNDY WHERE YOU HAD EARLIER DESCRIBED A LOT OF BLOOD, CAN YOU TELL US WHETHER YOU COULD SEE ANY SHOEPRINTS ON THAT WALKWAY IN THE BLOOD?

# 156 A:

I SAW SHOEPRINTS LEADING NORTH OR WEST AWAY FROM THE BODY OF THE FEMALE WESTBOUND TOWARDS THE NORTH SIDE OF THE HOUSE.

# 157 Q:

DID YOU SEE THOSE SHOEPRINTS IN THE FRONT WALKWAY THAT LED DOWN TO THE SIDEWALK?

# 158 A:

NO, I DID NOT.

# 159 Q:

WHERE DID YOU SEE THOSE SHOEPRINTS, THE ONES YOU'RE REFERRING TO, THE BLOODY SHOEPRINTS YOU'RE REFERRING TO?

# 160 A:

THEY WERE AT THE TOP OF THE STAIRS, THREE STAIRS UP FROM -- THREE STEPS UP FROM WHERE THE BODY WAS AND THEN LED OFF IN A WESTERLY DIRECTION.

# 161 Q:

LEADING DOWN TOWARDS THE REAR GATE AND THE REAR ALLEY?

# 162 A:

YES, ALONG THE NORTH SIDE OF THE HOUSE, RESIDENCE.

# 163 Q:

NOW, IN THE FRONT WALKWAY THAT WE'RE DESCRIBING NOW, IS THAT A TILED WALKWAY? YOU KNOW WHAT I MEAN, BLOCKS?

# 164 A:

YES, IT IS.

# 165 Q:

SQUARES? AND THAT WALKWAY THAT LEADS FROM THE BOTTOM OF THE FRONT STAIRS DOWN TO THE SIDEWALK IN FRONT OF THE LOCATION, THE SIDEWALK RUNNING IN FRONT OF BUNDY --

# 166 MR. COCHRAN:

THAT'S LEADING AND SUGGESTIVE, YOUR HONOR.

# 167 THE COURT:

HAVEN'T HEARD ALL THE QUESTION --

# 168 MR. COCHRAN:

MAY WE APPROACH?

# 169 THE COURT:

I HAVEN'T HEARD ALL THE QUESTION YET.

# 170 Q:

BY MS. CLARK: THAT FRONT WALKWAY THAT LEADS DOWN TO THE SIDEWALK, YOU INDICATED EARLIER YOU SAW BLOOD IN IT. DID YOU SEE ANY PAW PRINTS?

# 171 A:

YES, I DID.

# 172 Q:

IN THAT WALKWAY?

# 173 A:

WELL, THEY WERE MORE TOWARDS THE BOTTOM OF THE WALKWAY AND THEN LEADING DOWN THE SIDEWALK ON BUNDY IN A SOUTH DIRECTION TOWARDS DOROTHY.

# 174 Q:

AND HOW FAR DID YOU SEE THOSE PAW PRINTS CONTINUE?

# 175 A:

THEY CONTINUED DOWN DOROTHY IN A SOUTHERLY DIRECTION AND THEN THEY WENT WESTBOUND ON DOROTHY AND THEN FADED OUT.

# 176 Q:

DID SOMEONE POINT THOSE OUT TO YOU?

# 177 A:

OFFICER RISKE DID.

# 178 Q:

ALL RIGHT. AFTER YOU MADE YOUR FIRST VIEW OF THE CRIME SCENE AND YOU SAW THE BODIES OF BOTH VICTIMS, WHAT DID YOU DO NEXT?

# 179 A:

I BACKED OUT OF THE PLANTED AREA THAT WE WERE IN AND OFFICER RISKE WALKED US AROUND TO A WALKWAY WHICH WAS JUST NORTH OF WHERE THE MALE BODY WAS LYING IN A SMALL AREA THERE AND WE VIEWED THE BODIES FROM OVER IN THAT LOCATION ALSO.

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

# 181 MS. CLARK:

CUT THE FEED, YOUR HONOR?

# 182 MR. FAIRTLOUGH:

P-46.

# 183 Q:

BY MS. CLARK: ALL RIGHT, SIR. DO YOU RECOGNIZE THE LOCATION SHOWN THERE?

# 184 A:

YES, I DO.

# 185 Q:

AND WHAT'S THAT?

# 186 A:

THAT'S THE FRONT ENTRANCE TO 875 SOUTH BUNDY.

# 187 Q:

AND DO YOU SEE THE CRIME SCENE TAPE IN FRONT OF THE LOCATION?

# 188 A:

YES, I DO.

# 189 Q:

IS THAT THE POSITION IT WAS IN WHEN YOU ARRIVED?

# 190 A:

YES, IT IS.

# 191 Q:

NOW, THAT FRONT WALKWAY -- EXCUSE ME. IS THAT -- THAT FRONT WALKWAY THAT IS SHOWN IN THAT PHOTOGRAPH, IS THAT THE ONE WHERE YOU SAW THE BLOODY PAW PRINTS?

# 192 A:

THE BLOODY PAW PRINTS STARTED TOWARDS THE BOTTOM PORTION OF THAT WALKWAY AND LED OUT ONTO THE SIDEWALK.

# 193 Q:

AND THEN DO THEY PROCEED TO THE LEFT AS YOU FACE THIS PHOTOGRAPH?

# 194 A:

MOST OF THEM LED TO THE RIGHT AND THAT'S ALL I SAW AT THAT TIME, SOUTHBOUND.

# 195 Q:

AS YOU FACE THE PHOTOGRAPH?

# 196 A:

IT WOULD BE TO MY LEFT.

# 197 Q:

OKAY. NOW, YOU INDICATED AN AREA THAT YOU WENT TO EXAMINE THE BODIES FROM THE NORTH OF THE VICTIMS?

# 198 A:

YES.

# 199 Q:

CAN YOU SEE IT HERE?

# 200 A:

YES. IT'S A LITTLE FARTHER TO THE RIGHT, RIGHT IN THERE (INDICATING).

# 201 Q:

UH-HUH. AND DID YOU WALK UP --

# 202 MR. COCHRAN:

YOUR HONOR --

# 203 Q:

BY MS. CLARK: DID YOU WALK --

# 204 MR. COCHRAN:

I WOULD LIKE FOR THE WITNESS TO TELL US BEFORE THE MARKER IS PUT UP THERE.

# 205 MS. CLARK:

I THINK THE WITNESS HAS ALREADY TESTIFIED TO IT.

# 206 THE COURT:

MISS CLARK, PROCEED.

# 207 Q:

BY MS. CLARK: YES. DETECTIVE PHILLIPS, DID YOU WALK UP BEHIND THE BODIES ON THAT NORTH SIDE OF THEM?

# 208 A:

YES, I DID.

# 209 Q:

CAN YOU DIRECT THE POINTER TO DESCRIBE YOUR PATH, PLEASE?

# 210 A:

JUST CONTINUED STRAIGHT, RIGHT ABOUT THERE (INDICATING).

# 211 Q:

NOW, WERE YOU BEHIND THE -- WAS THERE A GATE OR A FENCE THERE THAT YOU WERE BEHIND?

# 212 A:

YES. THERE'S A WROUGHT IRON GATE, WROUGHT IRON FENCE.

# 213 Q:

FROM THAT VANTAGE POINT, WHAT WERE YOU ABLE TO SEE? WHAT SIDE OF RON GOLDMAN WERE YOU ON?

# 214 A:

WE WERE TO HIS BACKSIDE.

# 215 Q:

AND WHAT WERE YOU ABLE TO OBSERVE FROM THAT LOCATION?

# 216 A:

I WAS ABLE TO OBSERVE THE BEEPER AND THE KEYS THAT OFFICER RISKE HAD TOLD ME ABOUT THAT WE COULD NOT SEE VERY WELL FROM THE OTHER LOCATION AND YOU COULD ALSO -- I COULD ALSO SEE THE GLOVE AND THE HAT FROM THAT LOCATION A LITTLE BIT BETTER.

# 217 Q:

AND WHO WAS WITH YOU AT THAT TIME?

# 218 A:

OFFICER RISKE, DETECTIVE FUHRMAN AND MYSELF.

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

# 220 MS. CLARK:

WE HAVE "RP" IN THE LEFT-HAND CORNER. THIS WAS 46-A, YOUR HONOR.

# 221 THE COURT:

ALL RIGHT. 46-A.

# 222 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS P NUMBER 59 AND YOU'LL NEED TO CUT THE FEED AGAIN.

# 223 Q:

BY MS. CLARK: CAN YOU SEE IN THIS PHOTOGRAPH, SIR, THE AREA THAT YOU DESCRIBED WHERE YOU STOOD TO OBSERVE THE SCENE FROM THE NORTH SIDE OF THE GATE?

# 224 A:

YES, I CAN.

# 225 Q:

AND CAN WE -- IF YOU WOULD DIRECT THE POINTER TO THE AREA.

# 226 A:

IT'S ON THE OTHER SIDE OF THE FENCE RIGHT BACK UP IN THAT AREA THERE. WELL, SHOULD BE OVER MORE TOWARDS THAT TREE IS AT. RIGHT THERE (INDICATING).

# 227 Q:

RIGHT THERE?

# 228 A:

RIGHT THERE (INDICATING).

# 229 Q:

COULD YOU PLEASE PUT THE INITIALS "RP". AND THIS WOULD BE 59-A? B? B?

# 230 THE COURT:

59-B.

# 231 MS. CLARK:

Temperature

procedural

Key Quotes (4)

The Witness

HE GAVE ME TWO INSTRUCTIONS. ONE INSTRUCTION WAS THAT IF IT WAS OUTSIDE THE REALM OF WEST LOS ANGELES BEING ABLE TO INVESTIGATE THIS CRIME BECAUSE IT WAS NICOLE SIMPSON TURNED OUT TO BE THE DECEASED, THAT I SHOULD THINK ABOUT THE RESOURCES I HAD AVAILABLE, AND THE OTHER ONE WAS THAT IF IT DID INVOLVE O.J. SIMPSON, THIS BEING HIS EX-WIFE OR WIFE, THAT HE DID NOT WANT MR. SIMPSON TO BE MADE AWARE OF THE DEATH OF NICOLE IN THE MEDIA AND HE WANTED TO MAKE SURE THAT I NOTIFIED HIM IN PERSON AS A COURTESY TO HIM.

Establishes that from the moment police arrived, command-level decisions were being made about how to handle OJ Simpson — central to defense claims of special treatment and potential evidence tampering.

The Witness

I FIRST OBSERVED A FEMALE LYING ON HER LEFT SIDE, A SEMI-FETAL POSITION, WEARING A BLACK DRESS. I THEN OBSERVED A MALE CAUCASIAN ON HIS RIGHT SIDE FACING MORE OF AN EAST-WEST DIRECTION THAT WAS LYING UP NEAR A IRON GATE.

Phillips's first-hand description of discovering the bodies — foundational crime scene testimony establishing positions of both victims.

The Witness

AT HIS FEET WAS THE GLOVE AND THE HAT, THE KNIT CAP.

Places the left-hand glove at the Bundy crime scene, anchoring the glove evidence thread.

Johnnie Cochran

YOUR HONOR, PERSON POWER.

Cochran's correction of Clark's use of 'manpower' — a light moment that drew a response from Judge Ito.

Evidence (9)

People's 42-A

Diagram drawn by Detective Phillips of the crime scene

introduced and marked

People's 43-E

Photograph of Ron Goldman's body showing the white envelope

introduced and identified by witness

People's 44

Photograph showing the knit cap and glove near Goldman's feet

introduced and discussed

People's 40-A

Photograph of the Akita dog tied to a post near the crime scene

identified by witness

People's 46 / 46-A

Photograph of the front entrance to 875 South Bundy with crime scene tape

introduced and annotated by witness with initials 'RP'

People's 59-B

Photograph of the crime scene from the north side of the gate

introduced and annotated by witness

+ 3 more

Notable Exchanges (3)

Johnnie Cochran•Lance A. Ito

Cochran interrupted Clark's question about 'manpower' to correct it to 'person power'; Ito acknowledged it with 'detective power.'

light

Marcia Clark•Ronald Phillips

Extended examination about Commander Bushey's two instructions — one about resources, one about personally notifying OJ Simpson before media could — establishing high-level LAPD involvement from the outset.

strategic

Johnnie Cochran•Lance A. Ito

Cochran requested a limiting instruction on hearsay testimony about Officer Riske's call; Ito declined, saying it was not consequential and only explained subsequent conduct.

procedural

Light Moments (1)

Johnnie Cochran

Cochran interrupted to correct 'manpower' to 'person power'; Judge Ito amended it further to 'detective power.'

Witness Demeanor

Matter-of-fact and methodical throughout; no stage directions indicating emotional response

Objections

7 objections (2 sustained, 4 overruled)

Proceeding 4856 • 231 utterances • Prosecution witness

Criminal Trial

Department 103