Direct examination of Tom Lange (part 1)

📄 Direct examination of Tom Lange (part 1) — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\DIRECT-EXAMINATION-OF-TOM-LANG.DOC

TRIAL

▲ Day 19 of 167

◀ Direct examination of Ronald Phillips (part 6) Sidebar: chart exhibit ▶

Witness: Det. Tom Lange
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 119

Detective Tom Lange describes his efforts on the night of June 13, 1994 to contact OJ Simpson at his Rockingham estate, including flagging down a WESTEC security patrol officer, obtaining a phone number for the residence, and observing a brownish-red spot on the driver's door of the Bronco after Fuhrman reported it to him. The testimony is methodical, establishing the sequence of events and Lange's observations before the detectives entered the property.

# 1 (BRIEF PAUSE.)

# 2 Q:

BY MS. CLARK: DO YOU HAPPEN TO HAVE MEMORIZED THE PHONE NUMBER THAT -- FOR THE WATCH COMMANDER THAT YOU USED THAT NIGHT?

# 3 A:

YES.

# 4 Q:

DO YOU USE IT OFTEN?

# 5 A:

YES.

# 6 Q:

LET ME SHOW YOU A PHONE NUMBER THAT HAS BEEN WRITTEN DOWN PREVIOUSLY AND MARKED AS PEOPLE'S 61 AND ASK YOU IF YOU RECOGNIZE THE PHONE NUMBER.

# 7 A:

YES. THAT'S THE INSIDE PRIVATE LINE.

# 8 Q:

FOR THE WATCH COMMANDER?

# 9 A:

YES.

# 10 Q:

AND IS THAT THE PHONE NUMBER THAT YOU DIALED THAT NIGHT ON YOUR CELL PHONE?

# 11 A:

YES, IT IS.

# 12 Q:

YOU SPOKE TO SERGEANT ROSSI?

# 13 A:

YES.

# 14 Q:

DID YOU ASK HIM TO DO SOMETHING?

# 15 A:

YES.

# 16 Q:

WHAT?

# 17 A:

I ASKED HIM TO GET AHOLD OF WESTEC SECURITY AND ASK THEM IF THEY COULD ASSIST US IN RAISING SOMEONE AT THAT RESIDENCE, GETTING A PHONE NUMBER FOR US AT THAT RESIDENCE, POSSIBLY GETTING A KEY FOR US AT THAT RESIDENCE AND ALSO TELLING US IF THEY HAD ANY INFORMATION WHETHER THE PEOPLE THAT WERE AT THAT RESIDENCE WERE OUT OF TOWN FOR AN EXTENDED PERIOD OF TIME OR NOT.

# 18 Q:

AND DID YOU RECEIVE WORD BACK FROM SERGEANT ROSSI?

# 19 A:

YES, I DID.

# 20 Q:

AFTER YOU HAD MADE THAT REQUEST OF HIM?

# 21 A:

YES.

# 22 Q:

AND DID HE GIVE YOU SOME INFORMATION?

# 23 A:

YES.

# 24 Q:

BASED ON WHAT HE TOLD YOU, WHAT DID YOU DO?

# 25 A:

BASED ON WHAT HE TOLD ME, I DIDN'T GET THE INFORMATION THAT I REQUESTED OTHER THAN THE FACT THAT I WAS -- I HAD LEARNED THAT THERE WAS NO RECORD OF ANYBODY BEING OUT OF TOWN. SO I ASKED THEM TO SEND A UNIT, A WESTEC UNIT, TO OUR LOCATION.

# 26 MR. COCHRAN:

MOVE TO STRIKE. YOUR HONOR, I MOVE TO STRIKE PART OF THAT LAST ANSWER.

# 27 THE COURT:

OVERRULED.

# 28 Q:

BY MS. CLARK: WHAT HAPPENED NEXT?

# 29 A:

A SHORT TIME LATER, AFTER A COUPLE MORE PHONE CALLS WERE MADE, A WESTEC UNIT WAS DRIVING SOUTHBOUND ON ROCKINGHAM, AND I FLAGGED HIM DOWN IN THE MIDDLE OF ROCKINGHAM AND ASHFORD.

# 30 Q:

AND DID YOU GO AND TALK TO THAT PERSON?

# 31 A:

YES, I DID.

# 32 Q:

WHAT DID YOU -- DID YOU MAKE SOME REQUEST OF HIM?

# 33 A:

ORIGINALLY I ASKED HIM IF HE WAS THE UNIT THAT HAD RESPONDED TO OUR CALL, AND HE DID NOT KNOW WHAT CALL I WAS REFERRING TO, AND THEN I ASKED HIM, I SAID, "DO YOU HAVE A PHONE NUMBER OR CAN YOU GET ME A PHONE NUMBER TO THIS RESIDENCE," AND HE MADE AN INQUIRY AND THEN TOLD ME HE COULD NOT --

# 34 MR. COCHRAN:

YOUR HONOR, THIS IS HEARSAY.

# 35 THE COURT:

OVERRULED.

# 36 DET. TOM LANGE:

HE TOLD ME HE COULD NOT DO THAT FOR SECURITY REASONS.

# 37 Q:

BY MS. CLARK: WHAT WAS YOUR RESPONSE TO THAT?

# 38 A:

I INFORMED HIM THAT I WAS A LOS ANGELES POLICE DETECTIVE, THAT I WAS INVESTIGATING A CRIME AND THAT I WANTED THE PHONE NUMBER OF THAT RESIDENCE AND IF HE COULDN'T GIVE IT TO ME, THEN TO GET HIS SUPERVISOR OUT HERE THAT COULD.

KEY QUOTE

# 39 Q:

WHAT HAPPENED NEXT?

# 40 A:

A SHORT TIME LATER, THE WESTEC OFFICER GAVE ME THE PHONE NUMBER TO THE RESIDENCE.

# 41 Q:

AND WHO DID YOU GET IT FROM, DO YOU REMEMBER?

# 42 A:

I GOT IT FROM THAT SAME WESTEC OFFICER THAT I HAD FLAGGED DOWN THAT WAS STILL AT THE LOCATION.

# 43 Q:

NOW, AT THE TIME THAT YOU GOT THE PHONE NUMBER -- DID THAT WESTEC PATROL OFFICER STAY THERE?

# 44 A:

YES, HE DID.

# 45 Q:

AND WHEN YOU GOT THE PHONE NUMBER, DID ANOTHER WESTEC UNIT ARRIVE?

# 46 A:

SHORTLY THEREAFTER, A WESTEC SUPERVISOR, A SERGEANT FROM WESTEC SHOWED UP.

# 47 Q:

WHAT DID YOU DO AFTER YOU GOT THE DEFENDANT'S PHONE NUMBER?

# 48 A:

PHONED THE RESIDENCE.

# 49 Q:

NOW, AT SOME POINT, DID DETECTIVE FUHRMAN COME AND REPORT SOME OBSERVATION HE HAD MADE TO YOU?

# 50 A:

YES, HE DID.

# 51 Q:

WAS THAT BEFORE OR AFTER YOU GOT THE DEFENDANT'S PHONE NUMBER?

# 52 A:

THAT WAS BEFORE I GOT THE PHONE NUMBER.

# 53 Q:

AND WHAT WAS THE OBSERVATION THAT YOU --

# 54 MR. COCHRAN:

OBJECTION AS HEARSAY, YOUR HONOR.

# 55 THE COURT:

SUSTAINED.

# 56 Q:

BY MS. CLARK: OKAY. DID HE MAKE SOME REMARK TO YOU ABOUT SOMETHING HE HAD SEEN?

# 57 MR. COCHRAN:

YOUR HONOR, OBJECT. HEARSAY.

# 58 THE COURT:

OVERRULED.

# 59 DET. TOM LANGE:

YES.

# 60 Q:

BY MS. CLARK: AND BASED ON WHAT HE TOLD YOU, SIR, DID YOU GO AND OBSERVE SOMETHING?

# 61 A:

YES.

# 62 Q:

WHAT WAS THAT?

# 63 A:

I OBSERVED A SPOT ON THE BRONCO ON THE PASS -- ON THE DRIVER'S DOOR JUST ABOVE THE DOOR HANDLE THAT WAS A BROWNISH RED SMALL DOT AND --

KEY QUOTE

# 64 Q:

AND DIRECTING YOUR ATTENTION, SIR, TO THE PHOTOGRAPHS THAT HAVE BEEN MARKED AS PEOPLE'S 62-B AND C, DO YOU SEE WHAT'S BEING SHOWN IN THOSE PHOTOGRAPHS?

# 65 A:

YES.

# 66 Q:

WHAT?

# 67 A:

IT'S A MAN POINTING TO A SPOT ON THE DRIVER'S DOOR AND THEN IT'S A CLOSE-UP OF WHAT HE'S POINTING TO WITH A FIGURE OF NUMBER 1 IN HIS HAND, ROMAN NUMERAL NUMBER I.

# 68 Q:

IS THAT THE LOCATION IN WHICH YOU SAW THE SPOT THAT YOU'VE JUST INDICATED YOU SAW THAT NIGHT?

# 69 A:

YES.

# 70 Q:

AND DID YOU MAKE THAT OBSERVATION BEFORE OR AFTER YOU GOT THE DEFENDANT'S PHONE NUMBER?

# 71 A:

BEFORE.

# 72 Q:

DID YOU CALL -- DID YOU CALL THE PHONE NUMBER THAT YOU WERE GIVEN FOR THE DEFENDANT?

# 73 A:

YES.

# 74 Q:

AND HOW SOON AFTER RECEIVING THE PHONE NUMBER DID YOU CALL?

# 75 A:

WITHIN A COUPLE OF MINUTES. IT JUST -- HOWEVER LONG IT TOOK ME TO PUT IT IN THE CELLULAR PHONE AND SEND IT.

# 76 Q:

AND WHERE WAS EVERYBODY WHEN YOU MADE THAT PHONE CALL?

# 77 A:

WALKING AROUND BETWEEN THE BRONCO, THE ASHFORD GATE. I WAS KIND OF LEFT OUT BY MYSELF TALKING TO THE WESTEC OFFICER AND USING MY TELEPHONE.

# 78 Q:

AND WHERE WAS THE WESTEC OFFICER?

# 79 A:

HE WAS PARKED IN THE MIDDLE OF THE STREET ON ROCKINGHAM FACING SOUTHBOUND ALMOST INTO THE INTERSECTION OF ASHFORD, JUST NORTH OF THE INTERSECTION OF ASHFORD.

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

# 81 MR. FAIRTLOUGH:

YOUR HONOR, MAY PRINT IMAGE OF THE SCREEN BE MARKED AS PEOPLE'S EXHIBIT 64-A?

# 82 THE COURT:

ALL RIGHT. PEOPLE'S 64-A.

# 83 (PEO'S 64-A FOR ID = PRINT IMAGE)

# 84 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS PEOPLE'S 63.

# 85 Q:

BY MS. CLARK: GOING BACK TO THIS -- YOU INDICATED THAT THE OTHER DETECTIVES WERE BETWEEN THE ASHFORD GATE AND THE BRONCO?

# 86 A:

YES.

# 87 Q:

DO YOU SEE THAT LOCATION DEPICTED IN THIS PHOTOGRAPH, SIR, THAT AREA?

# 88 A:

YES.

# 89 Q:

ON THE LEFT-HAND SIDE OF THE PHOTOGRAPH, DO YOU SEE THE LOCATION OF THE ASHFORD GATE?

# 90 A:

YES.

# 91 Q:

CAN YOU DIRECT THE POINTER TO THAT AREA, PLEASE?

# 92 A:

TO THE POINTER -- THE ASHFORD GATE?

# 93 Q:

TO THE ASHFORD GATE.

# 94 A:

OKAY (INDICATING).

# 95 Q:

LET'S PUT -- TELL WHERE TO GO?

# 96 A:

THAT'S THE ASHFORD GATE.

# 97 Q:

CAN YOU MAKE A SMALL X THERE? IS THAT CORRECT, SIR?

# 98 A:

THAT'S THE ASHFORD GATE, YES.

# 99 Q:

OKAY. AND IN THIS PHOTOGRAPH WHERE THE BRONCO WOULD BE?

# 100 A:

COMPLETELY TO THE RIGHT SIDE OF THE PICTURE. YOU CAN JUST BARELY SEE THE FRONT END OF THAT.

# 101 Q:

THAT WHITE SPOT?

# 102 A:

RIGHT.

# 103 Q:

MAKE AN X. WHY DON'T WE JUST LEAVE THE ARROW THERE.

# 104 MS. CLARK:

THANK YOU, JONATHAN. INITIAL THAT.

# 105 Q:

BY MS. CLARK: AND WHERE WERE YOU?

# 106 A:

WELL, YOU'D HAVE TO FIND OUT WHAT TIME.

# 107 Q:

I AM SORRY. WE ARE TALKING ABOUT THE TIME WHEN YOU'RE TALKING TO -- GETTING THE PHONE NUMBER OF THE DEFENDANT AND USING YOUR CELL PHONE TO CALL.

# 108 A:

WELL, THE -- I WAS MORE OR LESS IN THE MIDDLE OF THE INTERSECTION MAKING PHONE CALLS TO SERGEANT ROSSI, MAKING -- TALKING TO THE WESTEC OFFICER. WHEN THE WESTEC OFFICER SHOWED UP, HE WAS SOUTHBOUND ON ROCKINGHAM JUST -- HAD JUST ENTERED THE INTERSECTION OF ASHFORD AND ROCKINGHAM, HAD NOT GONE ALL THE WAY THROUGH IT.

# 109 Q:

CAN YOU DIRECT THAT CROSS TO THAT LOCATION?

# 110 A:

I -- THAT WOULD BE APPROXIMATE LOCATION. DEPTH PERCEPTION IS THE ONLY THING THAT'S LACKING. THAT WOULD BE CLOSE.

# 111 Q:

OKAY. THANK YOU. THEN USING YOUR CELL PHONE, YOU MADE THE CALL TO THE DEFENDANT'S RESIDENCE; IS THAT RIGHT, SIR?

# 112 A:

YES.

# 113 MS. CLARK:

I HAVE HERE ANOTHER BOARD, YOUR HONOR.

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

# 115 MR. FAIRTLOUGH:

YOUR HONOR, MAY THE PRINT IMAGE OF THE SCREEN BE MARKED AS PEOPLE'S 64 -- SORRY -- 63-B?

# 116 THE COURT:

63-B.

# 117 (PEO'S 63-B FOR ID = PRINT IMAGE OF SCREEN)

# 118 MS. CLARK:

CAN WE APPROACH, YOUR HONOR?

# 119 THE COURT:

WITH THE REPORTER, PLEASE.

Temperature

procedural

Key Quotes (2)

Tom Lange

I OBSERVED A SPOT ON THE BRONCO ON THE PASS -- ON THE DRIVER'S DOOR JUST ABOVE THE DOOR HANDLE THAT WAS A BROWNISH RED SMALL DOT

Lange's firsthand account of the blood spot on the Bronco — critical physical evidence linking the vehicle to the crime scene.

Tom Lange

I INFORMED HIM THAT I WAS A LOS ANGELES POLICE DETECTIVE, THAT I WAS INVESTIGATING A CRIME AND THAT I WANTED THE PHONE NUMBER OF THAT RESIDENCE AND IF HE COULDN'T GIVE IT TO ME, THEN TO GET HIS SUPERVISOR OUT HERE THAT COULD.

Establishes the detectives' persistent, escalating attempts to gain access to Rockingham through proper channels — relevant to the warrantless entry debate.

Evidence (5)

People's 61

Written record of the LAPD watch commander's private phone number

Identified by Lange as the number he dialed that night

People's 62-B and 62-C

Photographs showing a man pointing to a spot on the Bronco driver's door and a close-up of the brownish-red dot marked with Roman numeral I

Introduced and identified by Lange as depicting the blood spot he observed

People's 63

Aerial or overhead photograph of Rockingham showing the Ashford gate and Bronco location

Introduced; Lange used pointer to mark locations on the image

People's 63-B

Print image of screen annotation from People's 63

Marked for identification

People's 64-A

Print image of screen

Marked for identification

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran repeatedly objects to Lange's recounting of what Fuhrman told him as hearsay. The first attempt is sustained, but Clark rephrases and the court allows the substance through — Lange confirms Fuhrman made an observation and that Lange then went to see it himself.

strategic

Marcia Clark•Tom Lange

Clark walks Lange through annotating a photograph with an X marking the Ashford gate and the Bronco's position, with Lange noting that depth perception limits precision. The exchange is slightly awkward as Clark and her colleague Jonathan manage the display.

routine

Witness Demeanor

(BRIEF PAUSE.)

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

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

Objections

4 objections (1 sustained, 3 overruled)

Proceeding 4880 • 119 utterances • Prosecution witness

Criminal Trial

Department 103