Direct examination of Ronald Phillips (part 6)

📄 Direct examination of Ronald Phillips (part 6) — Wednesday, February 15, 1995

Address:

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

TRIAL

▲ Day 19 of 167

◀ Sidebar: directions to Rockingham Direct examination of Tom Lange (part 1) ▶

Witness: Det. Ronald Phillips
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 132

Detective Phillips continues his direct examination, describing his route to 360 North Rockingham and arrival in the early morning hours of June 13, 1994. He identifies the white Ford Bronco parked on the street, walks the jury through the four detectives approaching the Ashford gate and repeatedly buzzing the intercom without answer, and explains he retrieved his cellular phone to contact the watch commander about a WESTEC security sign on the property.

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

# 2 (BRIEF PAUSE.)

# 3 THE COURT:

MADAM REPORTER? MISS CLARK.

# 4 MS. CLARK:

CAN I HAVE A MOMENT, YOUR HONOR?

# 5 THE COURT:

CERTAINLY.

# 6 MS. CLARK:

YOUR HONOR, I HAVE HERE A BOARD CONTAINING SIX PHOTOGRAPHS, ASK THAT THE BOARD BE MARKED PEOPLE'S -- I AM SORRY, YOUR HONOR, NEXT IN ORDER.

# 7 THE COURT:

62. AND, MISS CLARK, WOULD YOU HAVE YOUR ASSISTANTS PUT ON LETTERS ON ANY REMAINING SO WE CAN AVOID THE CONFUSION?

# 8 MS. CLARK:

YES. DEFINITELY.

# 9 THE COURT:

GREAT. THANK YOU.

# 10 MS. CLARK:

IF I MAY FOR THE TIME BEING, YOUR HONOR, SIMPLY INDICATE WHAT THEY ARE.

# 11 THE COURT:

CERTAINLY.

# 12 MS. CLARK:

AS FOR THE TOP THREE, STARTING FROM THE LEFT OVER, A, B AND C, AND THEN BEGINNING FROM THE LOWER RIGHT HAND -- LOWER LEFT-HAND CORNER, D, E AND F.

# 13 MR. DARDEN:

THAT WAS 62, YOUR HONOR?

# 14 THE COURT:

PEOPLE'S 62-A THROUGH F. (PEO'S 62-A THROUGH F FOR ID = PHOTOGRAPHS)

# 15 Q:

BY MS. CLARK: ALL RIGHT, SIR. DID YOU -- WHAT ROUTE DID YOU TAKE TO GET TO 360 NORTH ROCKINGHAM?

# 16 A:

WENT NORTH ON BUNDY AND THEN ON KENTER I BELIEVE IT WAS TO SUNSET, MADE A LEFT ON SUNSET, TRAVELED WESTBOUND ON SUNSET TO ROCKINGHAM AND TURNED NORTHBOUND ON ROCKINGHAM.

# 17 Q:

AND WHEN YOU WENT NORTHBOUND ON ROCKINGHAM, WHAT DID YOU SEE?

# 18 A:

AS WE APPROACHED THE 360 NORTH ROCKINGHAM ADDRESS, I OBSERVED A WHITE VEHICLE PARKED ON THE EAST CURB FACING NORTHBOUND.

KEY QUOTE

# 19 Q:

AND WHAT KIND OF VEHICLE WAS THAT THAT YOU SAW?

# 20 A:

IT WAS A WHITE FORD BRONCO.

# 21 Q:

DIRECTING YOUR ATTENTION, SIR, TO THE PHOTOGRAPHS THAT ARE NOW MARKED AS 62-A THROUGH F, CAN YOU TELL ME IF YOU RECOGNIZE WHAT'S SHOWN THERE?

# 22 A:

YES. THAT APPEARS TO BE THE WHITE VEHICLE THAT I SAW PARKED IN THE LOCATION WHERE IT WAS PARKED AT.

# 23 Q:

AND CAN YOU SEE WHAT -- NO. NEVER MIND. DID YOU NOTICE THAT RIGHT AWAY WHEN YOU STARTED TO DRIVE NORTH ON ROCKINGHAM, THAT VEHICLE?

# 24 A:

I JUST NOTICED THE VEHICLE THERE BECAUSE I PULLED IN KIND OF IN FRONT OF THE VEHICLE AND MADE A RIGHT-HAND TURN ONTO ASHFORD AND PARKED MY VEHICLE. SO I HAD TO PAY ATTENTION TO IT. BUT I -- I JUST HAD TO PAY ATTENTION TO IT AS I DROVE UP.

# 25 Q:

AND WHY DID YOU HAVE TO PAY ATTENTION TO IT?

# 26 A:

SO I WOULDN'T HIT IT.

# 27 Q:

LET ME ASK YOU ABOUT THAT. ROCKINGHAM, IS THAT A REAL WIDE STREET?

# 28 MR. COCHRAN:

OBJECTION TO THE FORM OF THAT QUESTION. WIDE COMPARED TO WHAT?

# 29 THE COURT:

OVERRULED. ANYONE WHO DRIVES IN SOUTHERN CALIFORNIA KNOWS THE DIFFERENCE.

KEY QUOTE

# 30 MR. COCHRAN:

THAT'S TRUE, YOUR HONOR.

# 31 THE COURT:

BESIDES, THE JURY HAS BEEN THERE.

# 32 Q:

BY MS. CLARK: IS THAT A VERY WIDE STREET?

# 33 A:

IT'S NOT A REAL WIDE STREET, NO.

# 34 Q:

WHERE DID YOU PARK?

# 35 A:

PARKED ON ASHFORD JUST AFTER I MADE THE RIGHT OFF OF ROCKINGHAM ONTO ASHFORD ON THE SOUTH CURB OF ASHFORD.

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

# 37 THE COURT:

ARE THESE GOING TO BE ROCKINGHAM PHOTOS?

# 38 MS. CLARK:

THEY ARE.

# 39 MR. FAIRTLOUGH:

YOUR HONOR, MAY THIS PHOTOGRAPH BE MARKED PEOPLE'S 63?

# 40 THE COURT:

ALL RIGHT. PEOPLE'S NEXT IN ORDER, PEOPLE'S 63.

# 41 (PEO'S 63 FOR ID = PHOTOGRAPH)

# 42 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT'S SHOWN IN THAT PHOTOGRAPH, SIR?

# 43 A:

YES. THAT'S THE O.J. SIMPSON RESIDENCE.

# 44 Q:

YOU SAID THAT YOU PARKED ON THE -- AROUND THE CORNER FROM THE BRONCO?

# 45 A:

YES.

# 46 Q:

CAN YOU TELL US APPROXIMATELY WHERE YOU PARKED IN THIS PHOTOGRAPH? CAN YOU SHOW US THAT IS?

# 47 A:

UMM, RIGHT ABOUT IN THAT LOCATION THERE (INDICATING).

# 48 Q:

RIGHT THERE (INDICATING)?

# 49 A:

RIGHT THERE (INDICATING).

# 50 Q:

AND DO YOU RECALL WHERE DETECTIVE LANGE AND DETECTIVE VANNATTER PARKED?

# 51 MR. COCHRAN:

YOUR HONOR, MAY WE HAVE THE POINTER REMAIN OUT UNTIL THE WITNESS --

# 52 THE COURT:

YES.

# 53 DET. RONALD PHILLIPS:

I DON'T RECALL WHERE THEY PARKED.

# 54 Q:

BY MS. CLARK: AND WHEN YOU GOT THERE -- SO DID YOU AND DETECTIVE FUHRMAN GET OUT?

# 55 A:

YES.

# 56 Q:

AND WHAT HAPPENED NEXT?

# 57 A:

THE FOUR OF US WALKED UP TO THE ASHFORD GATE AND I BELIEVE THAT I WAS THE FIRST ONE TO PUSH THE INTERCOM BUZZER TO TRY AND RAISE SOMEONE IN THE RESIDENCE.

# 58 Q:

NOW, WHEN YOU WENT TO THE ASHFORD GATE, SIR, LET ME ASK YOU THIS. WAS IT COVERED IN ANY KIND OF MATERIAL?

# 59 A:

NO. IT WAS JUST A WROUGHT IRON GATE.

# 60 Q:

AND IN THE PHOTOGRAPH NEXT TO YOU THAT'S BEEN MARKED 62-D, THAT WOULD BE THE LOWER LEFT-HAND PHOTOGRAPH?

# 61 A:

YES.

# 62 Q:

CAN YOU TELL US WHAT GATE IS DEPICTED IN THAT PHOTOGRAPH?

# 63 A:

THAT WOULD BE THE ROCKINGHAM GATE.

# 64 Q:

AND DOES THAT DEPICT THE GATE IN THE CONDITION YOU SAW IT ON JUNE THE 13TH?

# 65 A:

YES.

# 66 Q:

THE VEHICLE THAT'S DEPICTED IN THESE PHOTOGRAPHS A THROUGH E, IS THAT THE VEHICLE THAT YOU'VE DESCRIBED HAVING SEEN ON -- PARKED JUST NORTH OF THE ROCKINGHAM GATE AT 360 NORTH ROCKINGHAM?

# 67 A:

YES.

# 68 Q:

AND THE POSITION IN WHICH IT'S PARKED IN THESE PHOTOGRAPHS, IS THAT THE POSITION IN WHICH YOU SAW IT PARKED IN THE EARLY MORNING HOURS OF JUNE THE 13TH?

# 69 A:

YES

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

# 71 MR. FAIRTLOUGH:

YOUR HONOR, MAY THE PRINT OF THE IMAGE BE MARKED AS 63-A?

# 72 THE COURT:

63-A.

# 73 (PEO'S 63-A FOR ID = PRINT OF IMAGE)

# 74 MR. FAIRTLOUGH:

YOUR HONOR, MAY THIS NEXT IMAGE BE MARKED PEOPLE'S EXHIBIT 64?

# 75 THE COURT:

64, NEXT IN ORDER.

# 76 (PEO'S 64 FOR ID = IMAGE)

# 77 Q:

BY MS. CLARK: OKAY, SIR. DO YOU RECOGNIZE WHAT'S SHOWN IN THAT PHOTOGRAPH?

# 78 A:

YES. THAT'S THE SIMPSON RESIDENCE AND I BELIEVE THAT THAT WOULD BE THE ASHFORD GATE.

# 79 Q:

AND IS THAT THE GATE THAT YOU JUST DESCRIBED THAT THE FOUR OF YOU WALKED UP TO?

# 80 A:

YES.

# 81 Q:

IS IT IN THE CONDITION IN WHICH YOU SAW IT ON JUNE THE 13TH, 1994?

# 82 A:

YES.

# 83 Q:

FROM THE -- WHERE WAS IT IF YOU CAN TELL US AND IF YOU CAN SEE IN THIS PHOTOGRAPH, WHERE WAS IT THAT YOU WENT TO TRY AND MAKE CONTACT WITH THE HOUSE?

# 84 A:

WELL, THERE'S A SPEAKER BOX INTERCOM SYSTEM JUST TO THE LEFT OF THE DRIVEWAY AS YOU WALK UP RIGHT ABOUT WHERE THOSE BUSHES ARE THAT YOU PUSH A BUTTON AND HOPEFULLY SOMEBODY TALKS TO YOU.

# 85 Q:

CAN YOU TELL US WHERE IT IS IN THIS PHOTOGRAPH?

# 86 A:

IT'S RIGHT ABOUT WHERE THE WHITE FLOWERS THERE, THE WHITE PLANTS ARE, RIGHT ABOUT IN -- LITTLE BIT LEFT, RIGHT ABOUT IN THAT AREA THERE (INDICATING).

# 87 Q:

IS THAT IT, WHAT'S BEEN CIRCLED?

# 88 MR. COCHRAN:

COULD THE WITNESS CIRCLE IT BEFORE MR. --

# 89 THE COURT:

IS THERE A POSSIBILITY WE CAN GET A TELESTRATOR UP HERE ON THE WITNESS STAND?

# 90 MS. CLARK:

WE CAN, BUT IT'S REALLY VERY -- IT'S NOT EASY TO USE, YOUR HONOR. WE WOULD HAVE TO TEACH THE WITNESSES FIRST. BECAUSE YOU DON'T SEE THE IMAGE HERE. IT'S BLANK. YOU HAVE TO LOOK AT THE SCREEN --

# 91 DET. RONALD PHILLIPS:

I DON'T REALLY SEE IT. I KNOW WHERE IT'S LOCATED, BUT I DON'T REALLY SEE IT IN THIS PHOTOGRAPH.

# 92 Q:

BY MS. CLARK: BUT THAT WAS THE -- CAN YOU DIRECT THE POINTER DOWN TO THE GENERAL LOCATION WHERE YOU REMEMBER IT BEING?

# 93 THE COURT:

HE INDICATED IT WAS ABOVE THE WHITE BUSH.

# 94 MS. CLARK:

UH-HUH. CAN WE PUT AN X THERE THEN?

# 95 DET. RONALD PHILLIPS:

IT'S SOMEWHERE IN THAT VICINITY RIGHT THERE (INDICATING).

# 96 THE COURT:

NO. LET'S TRY THIS AGAIN. HOW ABOUT WE JUST PUT AN ARROW ON THE BUSH. THAT'S THE -- ABOVE THE WHITE BUSH, JUST AN ARROW.

# 97 DET. RONALD PHILLIPS:

A LITTLE MORE LEFT.

# 98 THE COURT:

JUST LEAVE THE ARROW THERE. CAN WE LEAVE THE ARROW THERE? PERFECT.

# 99 MS. CLARK:

CAN WE PUT INITIALS ON IT?

# 100 THE COURT:

SOME OF THIS WHIZ BANG STUFF HAS TOO MUCH WHIZ.

KEY QUOTE

# 101 MS. CLARK:

IT DOES.

# 102 Q:

BY MS. CLARK: ALL RIGHT. SO WHEN YOU WENT TO PUSH THE BUZZER, SIR, COULD YOU HERE IT BUZZING?

# 103 A:

YES.

# 104 Q:

AND DID YOU GET ANY ANSWER?

# 105 A:

NO.

# 106 Q:

HOW MANY TIMES DID YOU BUZZ THAT BUZZER? A: SEVERAL TIMES IN THE NEXT 10 TO 15 MINUTES, NOT MYSELF AS BEING THE ONLY ONE THAT DID IT. SEVERAL OF THE OTHER OFFICERS ALSO PUSHED IT.

# 107 Q:

HOW MANY OFFICERS WERE THERE?

# 108 A:

FOUR.

# 109 Q:

NOW, WHEN YOU WENT TO PRESS THE BUZZER, WHERE DID DETECTIVE VANNATTER AND LANGE GO?

# 110 A:

WE ALL STOOD RIGHT THERE FOR THE FIRST COUPLE OF MINUTES HOPING THAT SOMEONE WOULD ACKNOWLEDGE US.

# 111 Q:

AND AT SOME POINT, DID YOU FAN OUT?

# 112 A:

YES.

# 113 Q:

WHERE -- WHO WENT WHERE?

# 114 A:

I BELIEVE I WALKED BACK TO MY CAR AND GOT MY CELLULAR TELEPHONE.

# 115 Q:

AND WHAT ABOUT DETECTIVE LANGE? WHERE DID HE GO?

# 116 A:

DON'T RECALL WHERE HE WENT.

# 117 Q:

WHAT ABOUT DETECTIVE FUHRMAN? DO YOU KNOW WHERE HE WENT?

# 118 A:

I DON'T RECALL WHERE THEY WENT. EVERYBODY WAS TALKING AND PUSHING THE BUZZER AND GOING DIFFERENT LOCATIONS AND I WENT BACK TO GET MY CELLULAR PHONE. I WAS GOING TO CALL THE WATCH COMMANDER.

# 119 Q:

HOW FAR APART DID YOU SPREAD OUT?

# 120 A:

WELL, TO BE HONEST WITH YOU, I REALLY WASN'T PAYING ATTENTION TO WHAT EACH ONE OF US WAS DOING AT THAT TIME.

# 121 MR. COCHRAN:

HE ANSWERED THE QUESTION, YOUR HONOR.

# 122 THE COURT:

NEXT QUESTION.

# 123 Q:

BY MS. CLARK: WHAT WERE YOU DOING?

# 124 A:

I WENT BACK TO MY CAR TO GET MY CELLULAR TELEPHONE.

# 125 Q:

AND FOR WHAT PURPOSE DID YOU DO THAT?

# 126 A:

CALL THE WATCH COMMANDER.

# 127 Q:

WHY?

# 128 A:

BECAUSE I NOTICED A WESTEC SIGN IN THE FRONT YARD AND I THOUGHT PERHAPS WESTEC MIGHT BE ABLE TO ASSIST US IN RAISING SOMEBODY AT THAT LOCATION OR GIVING US A PHONE NUMBER OF SOMEONE AT THAT LOCATION.

KEY QUOTE

# 129 Q:

AND SO YOU CALLED THE WATCH COMMANDER?

# 130 A:

I CALLED SERGEANT ROSSI AT THE WEST LOS ANGELES WATCH COMMANDER'S OFFICE.

# 131 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

# 132 THE COURT:

YOU MAY.

Temperature

procedural

Key Quotes (4)

Detective Phillips

AS WE APPROACHED THE 360 NORTH ROCKINGHAM ADDRESS, I OBSERVED A WHITE VEHICLE PARKED ON THE EAST CURB FACING NORTHBOUND.

First eyewitness account of the Bronco's position at Rockingham, a central piece of the prosecution's timeline narrative.

Lance A. Ito

OVERRULED. ANYONE WHO DRIVES IN SOUTHERN CALIFORNIA KNOWS THE DIFFERENCE.

Ito swatting down a pedantic Cochran objection with a regional aside; the jury has also visited the scene.

Lance A. Ito

SOME OF THIS WHIZ BANG STUFF HAS TOO MUCH WHIZ.

Ito-era civil trial judge venting about the telestrator technology failing to clearly show the intercom location.

Detective Phillips

BECAUSE I NOTICED A WESTEC SIGN IN THE FRONT YARD AND I THOUGHT PERHAPS WESTEC MIGHT BE ABLE TO ASSIST US IN RAISING SOMEBODY AT THAT LOCATION OR GIVING US A PHONE NUMBER OF SOMEONE AT THAT LOCATION.

Establishes the detectives' stated reason for lingering outside the gate — they had no answer and were seeking a lawful means of contact.

Evidence (4)

People's 62-A through F

Board of six photographs showing the white Ford Bronco parked at 360 North Rockingham and the Rockingham gate

Introduced and identified by witness

People's 63

Photograph of the OJ Simpson residence

Introduced; witness uses it to indicate where he parked on Ashford

People's 63-A

Print of image (residence photo)

Marked for identification

People's 64

Image of the Ashford gate and surrounding area

Introduced; witness uses it to locate the intercom buzzer above the white bush

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran•Marcia Clark

Cochran objects to the question 'is that a real wide street' as lacking a reference point; Ito overrules and quips that any Southern California driver knows what a wide street is — then adds the jury has already visited the site.

light

Lance A. Ito•Marcia Clark•Detective Phillips

Extended fumbling with the telestrator to mark the intercom location on Exhibit 64; the witness can't see the image on the stand, Ito takes over directing where to place an arrow, and ultimately jokes that the technology has 'too much whiz.'

light

Light Moments (2)

Lance A. Ito / Johnnie Cochran

Ito overrules Cochran's 'wide compared to what' objection by saying anyone in Southern California knows the difference, then adds 'Besides, the jury has been there.' Cochran concedes: 'That's true, your honor.'

Lance A. Ito

After a chaotic back-and-forth trying to get the witness to mark the intercom on Exhibit 64, Ito deadpans: 'Some of this whiz bang stuff has too much whiz.' Clark agrees.

Objections

2 objections (0 sustained, 1 overruled)

Proceeding 4876 • 132 utterances • Prosecution witness

Criminal Trial

Department 103