📄 Direct examination of Tom Lange (part 2) — 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 Tom Lange (part 2)

Witness: Det. Tom Lange
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 176
Detective Ron Phillips (mislabeled in proceeding metadata as Lange) testifies about the early morning of June 13, 1994 — calling OJ Simpson's Rockingham home at 5:36 AM and reaching an answering machine, then entering the property after Fuhrman scaled the wall and opened the Ashford gate. The testimony walks through the detectives' path from the front door, past a docile black dog, around the pool, and ultimately to Kato Kaelin's guest room door.
1 THE COURT:

THE CHART WILL BE MARKED PEOPLE'S 65. MISS CLARK.

2 (PEO'S 65 FOR ID = CHART)
3 MS. CLARK:

THANK YOU, YOUR HONOR.

4 Q:

BY MS. CLARK: SHOWING YOU A CHART NOW THAT'S BEEN MARKED PEOPLE'S 65, CAN YOU TELL US IF YOU RECOGNIZE WHAT IS SHOWN IN THIS CHART?

5 A:

THAT'S A PHOTOCOPY OF MY PHONE BILL, CELLULAR PHONE THAT I WAS USING THAT NIGHT FOR THE DATE OF 6-12 TO 6-13, '94.

6 Q:

AND THAT'S THE CELL PHONE YOU WERE USING ON THE DATE OF JUNE 13TH, 1994?

7 A:

YES.

8 Q:

AND DO YOU SEE A PHONE CALL AT THE TIME OF 5:36 A.M. FOR JUNE THE 13TH MADE FROM YOUR CELL PHONE TO THE NUMBER (310) 476-4619?

9 A:

YES.

10 Q:

AND NOW IT'S BEING SHOWN UP ON THE SCREEN. I'M GOING TO INDICATE THAT WITH THE LASER, IF YOU CAN SEE -- CAN YOU SEE IT, SIR?

11 A:

YES.

12 Q:

DO YOU SEE WHAT I'M INDICATING ON THE SCREEN THERE FOR THE JURY?

13 A:

YES.

14 Q:

SO AT 5:36, YOU CALLED THIS NUMBER (310) 476-4619?

15 A:

YES.

16 Q:

AND WHERE DID YOU GET THAT PHONE NUMBER FROM?

17 A:

THAT'S THE PHONE NUMBER I RECEIVED FROM THE WESTEC OFFICER.

18 Q:

WHEN YOU DIALED THAT NUMBER, WHAT HAPPENED?

19 A:

I RECEIVED A RECORDING, ANSWERING MACHINE RECORDING.

20 Q:

AND WHAT DID THE ANSWERING MACHINE SAY? SORRY.

21 A:

WELL, I DON'T RECALL EXACTLY WHAT IT SAID, BUT IT MADE REFERENCE TO THE FACT, "HELLO, THIS IS O.J. I'M NOT HOME. LEAVE A MESSAGE," SOMETHING TO THAT EFFECT.

22 Q:

SO YOU GOT AN ANSWERING MACHINE?

23 A:

YES.

24 Q:

DID YOU INFORM ANYONE OF THAT, OF THE FACT THAT YOU GOT AN ANSWERING MACHINE, NO ONE ANSWERED THE PHONE?

25 A:

YES. I INFORMED THE OTHER DETECTIVES AT THE SCENE THAT NO ONE ANSWERED, THAT THERE WAS AN ANSWERING SERVICE.

26 Q:

NOW, DID THE WESTEC --

27 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
28 Q:

BY MS. CLARK: DID THE WESTEC SUPERVISOR REMAIN THERE FOR A PERIOD OF TIME WHILE YOU WERE THERE?

29 A:

YES, HE DID. BOTH WESTEC UNITS STAYED THERE FOR A LITTLE BIT OF TIME.

30 Q:

AND DID SOMEONE -- ONE OF THE DETECTIVES HAVE A CONVERSATION WITH WESTEC ABOUT WHETHER OR NOT A MAID WAS SUPPOSED TO BE ON THE PREMISES?

31 A:

YES.

32 Q:

AND DID YOU LEARN ANYTHING ABOUT THAT, SIR?

33 A:

YES.

34 Q:

WHAT DID YOU FIND OUT?

35 MR. COCHRAN:

OBJECT, YOUR HONOR. IT'S HEARSAY.

36 THE COURT:

SUSTAINED.

37 Q:

BY MS. CLARK: YOU AND THE OTHER DETECTIVES LEARNED SOMETHING ABOUT A MAID BEING ON THE PREMISES; IS THAT RIGHT?

38 A:

YES.

39 MR. COCHRAN:

OBJECTION.

40 Q:

BY MS. CLARK: DID YOU THEN HAVE A CONVERSATION?

41 THE COURT:

OVERRULED. PROCEED.

42 Q:

BY MS. CLARK: DID YOU THEN HAVE A CONVERSATION AMONGST YOU OR DID DETECTIVE VANNATTER, DETECTIVE LANGE, DETECTIVE FUHRMAN HAVE A CONVERSATION ABOUT WHAT THEY WERE GOING TO DO NEXT?

43 A:

YES. I WAS A SEPARATE FROM THE GROUP --

44 THE COURT:

HOLD ON. THE ANSWER IS YES OR NO. YES, YOU HAD A CONVERSATION?

45 DET. TOM LANGE:

YES.

46 THE COURT:

NEXT QUESTION.

47 Q:

BY MS. CLARK: AND AFTER THAT CONVERSATION, SIR, WHAT HAPPENED NEXT?

48 A:

DETECTIVE FUHRMAN WENT OVER THE WALL OF THE ROCKINGHAM RESIDENCE.

KEY QUOTE
49 Q:

WAS THAT AT SOMEONE'S REQUEST?

50 A:

YES.

51 Q:

WHOSE?

52 A:

VANNATTER OR LANGE. I BELIEVE IT WAS VANNATTER.

53 Q:

AND WHAT HAPPENED NEXT?

54 A:

DETECTIVE FUHRMAN THEN OPENED THE GATE FROM THE INSIDE AND ALLOWED THE OTHER ONES OF US IN.

55 MR. FAIRTLOUGH:

P-64, YOUR HONOR.

56 Q:

BY MS. CLARK: OKAY. AGAIN, THAT'S THE GATE YOU'VE IDENTIFIED AS THE ASHFORD GATE. IS THAT THE ONE YOU ALL WENT THROUGH?

57 A:

YES.

58 Q:

AND DO YOU RECALL SEEING -- WELL, YOU TELL US, WHAT DID YOU SEE WHEN YOU FIRST WENT INSIDE?

59 A:

WE FIRST WENT INSIDE, WE WALKED UP TO THE FRONT DOOR.

60 Q:

DID YOU SEE ANY DOGS THERE?

61 A:

WELL, AFTER WE GOT TO THE FRONT DOOR, WE SAW THIS DOG WALK --

62 MR. COCHRAN:

OBJECTION. WHAT HE SAW.

63 DET. TOM LANGE:

THIS IS WHAT I SAW.

64 THE COURT:

YES.

65 DET. TOM LANGE:

I SAW THIS DOG WALKING OUT OF WHAT APPEARED TO BE THE BACKYARD AND THE FOUR OF US STARTED BACKING OUT OF THE YARD.

66 Q:

BY MS. CLARK: WHY IS THAT?

67 A:

HAD NO IDEA WHAT THE DOG WAS GOING TO DO.

68 Q:

DID IT ATTACK YOU?

69 A:

NO.

70 Q:

WHAT COLOR WAS THAT DOG?

71 A:

IT WAS ALL BLACK.

72 Q:

WHAT DID YOU DO AT THE FRONT DOOR?

73 A:

WELL, THE DOG THEN LAID DOWN. SO WE WENT OVER AND KNOCKED ON THE FRONT DOOR AND RANG THE DOORBELL.

74 Q:

DID YOU GET ANY ANSWER?

75 A:

NO.

76 THE COURT:

GREAT WATCHDOG.

77 MS. CLARK:

YEAH. FIERCE.

78 Q:

BY MS. CLARK: DID ANYBODY RING THE DOORBELL?

79 A:

YES.

80 Q:

AND DID YOU GET AN ANSWER TO THAT?

81 A:

NO.

82 Q:

WHAT HAPPENED NEXT?

83 A:

AFTER RECEIVING NO ANSWER, THEN WE WALKED AROUND TO THE LOCATION WHERE THE DOG WAS NOW LAYING AND WALKED AROUND THE DOG AND INTO THE BACKYARD.

84 Q:

NOW, WERE YOU ABLE TO SEE ANY LIGHTS ON IN THE HOUSE BEFORE YOU GOT INSIDE THE PROPERTY?

85 A:

YES.

86 Q:

WHERE?

87 A:

THE ONLY LIGHT THAT I OBSERVED WAS A LIGHT UPSTAIRS IN THE CENTER PORTION OF THE RESIDENCE. THAT'S THE ONLY LIGHT I OBSERVED MYSELF.

88 Q:

I AM SORRY?

89 A:

THAT'S THE ONLY LIGHT I OBSERVED MYSELF.

90 Q:

AND AGAIN, BEFORE GOING ONTO THE PROPERTY, WERE YOU ABLE TO SEE ANY CARS IN THE DRIVEWAY?

91 A:

I BELIEVE I SAW ONE BLACK VEHICLE IN THE DRIVEWAY, YES.

92 Q:

NOW, AFTER HAVING RUNG THE DOORBELL AND KNOCKED ON THE DOOR AND GOTTEN NO ANSWER, WHAT HAPPENED NEXT?

93 A:

WE -- I WALKED AROUND TO THE BACK -- TO THE SOUTH END OF THE RESIDENCE -- I MEAN THE NORTH SIDE OF THE RESIDENCE PAST THE DOG AND INTO THE BACKYARD TO WHERE THERE WAS A POOL AREA.

94 Q:

AND WHAT DID YOU SEE THERE?

95 A:

SAW THE POOL, THE BACK OF THE HOUSE AND AS I WALKED CLOSER, WE SAW SOME WHAT LOOKED LIKE LITTLE COTTAGES OR EXTENSIONS OF THE HOUSE ON THE SOUTH SIDE OF THE PROPERTY.

96 Q:

DID YOU HAVE YOUR FLASHLIGHTS WITH YOU?

97 A:

WE HAD THEM ORIGINALLY, BUT AT THIS TIME IT HAD GOTTEN LIGHT.

98 Q:

IT WAS WHAT TIME THEN?

99 A:

JUST SHORTLY BEFORE 6:00.

100 Q:

HOW LONG AFTER YOU CALLED THE DEFENDANT AND GOT NO ANSWER ON HIS RESIDENCE PHONE DID YOU ACTUALLY WIND UP ENTERING THE PROPERTY?

101 A:

I WOULD SAY FIVE MINUTES, SIX, SEVEN MINUTES, SOMEWHERE IN THAT VICINITY.

102 Q:

SO BE ROUGHLY ABOUT 5:41, 5:42?

103 A:

ROUGHLY.

104 Q:

WERE YOU ABLE TO SEE THE GROUNDS IN THE BACKYARD WHEN YOU WERE WALKING THROUGH IT AND THE POOL AREA?

105 A:

YES.

106 Q:

DID YOU SEE ANYBODY INJURED?

107 A:

NO.

108 Q:

WERE YOU LOOKING TO SEE THAT?

109 A:

YES.

110 Q:

WHAT WERE YOU LOOKING AROUND FOR? WHY DID YOU GO ON THE PROPERTY?

111 A:

WE WERE LOOKING AROUND TO SEE IF WE COULD --

112 MR. COCHRAN:

OBJECT TO WHAT WE WOULD DO. THE QUESTION IS WHAT HE WAS DOING.

113 THE COURT:

SUSTAINED. DETECTIVE, THE QUESTION IS JUST WHAT WERE YOU DOING, WHY WERE YOU THERE, NOT WE.

114 DET. TOM LANGE:

I WAS LOOKING -- I HAD BEEN INFORMED OF THE POSSIBLE BLOOD SPOT ON THE --

115 MR. COCHRAN:

OBJECTION TO THIS, YOUR HONOR, AS NONRESPONSIVE, HEARSAY.

116 THE COURT:

OVERRULED. THE QUESTION WAS WHY DID YOU GO ON THE PROPERTY.

117 MR. COCHRAN:

HIS RESPONSE WAS SOMETHING HE WAS INFORMED OF --

118 THE COURT:

RIGHT. WHICH IS WHY I TOLD HIM TO TELL US WHAT HE DID AND WHY HE DID IT, NOT WHAT WE DID OR WHY WE DID IT. DO WE UNDERSTAND THE QUESTION?

119 DET. TOM LANGE:

NO. WHY DON'T WE -- START OVER, PLEASE.

120 THE COURT:

OKAY. MISS CLARK.

121 MS. CLARK:

THANK YOU, YOUR HONOR.

122 Q:

BY MS. CLARK: YOU KNOW --

123 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

124 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
125 MS. CLARK:

WE WITHDRAW THAT QUESTION, YOUR HONOR.

126 THE COURT:

ALL RIGHT. PROCEED.

127 MS. CLARK:

THANK YOU.

128 Q:

BY MS. CLARK: SO YOU WERE ON THE GROUNDS AND YOU SAW THE LIKE ROW OF GUEST UNITS?

129 A:

YES.

130 Q:

AND WHERE WERE THOSE GUEST UNITS IN RELATIONSHIP TO THE MAIN HOUSE?

131 A:

THEY WERE AT THE REAR OF THE HOUSE RUNNING ALONG THE SOUTH END OF THE PROPERTY AND GOING EAST AWAY FROM THE MAIN HOUSE.

132 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
133 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
134 MS. CLARK:

YOUR HONOR, I HAVE HERE ANOTHER BOARD I BELIEVE IT HAS NOT BEEN APPARENTLY MARKED. I WOULD ASK IT BE MARKED PEOPLE'S NEXT IN ORDER, 66.

135 THE COURT:

PEOPLE'S 66.

136 (PEO'S 66 FOR ID = BOARD)
137 THE COURT:

ALL RIGHT. THIS APPEARS TO BE A DIAGRAM OF THE SIMPSON RESIDENCE?

138 MS. CLARK:

YES, YOUR HONOR, AND IT'S ENTITLED 360 NORTH ROCKINGHAM AVENUE.

139 Q:

BY MS. CLARK: SIR, IF YOU WOULD TAKE THE POINTER TO YOUR LEFT, POINT OUT TO US THE AREA THAT YOU JUST DESCRIBED AS BEING THE GUEST UNITS.

140 A:

THESE SERIES OF BUILDINGS OR AREAS DOWN IN HERE (INDICATING).

141 Q:

AND YOU WALKED TOWARDS THOSE, SIR?

142 A:

YES.

143 Q:

WHAT HAPPENED NEXT?

144 A:

THE -- I WALKED DOWN THESE STAIRS AND APPROACHED THIS DOOR TO THIS ROOM RIGHT HERE FIRST (INDICATING).

145 Q:

AND WHAT ROOM IS THAT DESIGNATED ON THE DIAGRAM, SIR?

146 A:

KAELIN'S ROOM.

147 Q:

OKAY. WHAT DID YOU DO AT THAT DOOR?

148 A:

KNOCKED ON IT.

149 Q:

NOW, WHEN YOU -- WHEN YOU WALKED ONTO THE PROPERTY AND YOU WENT TO THE FRONT DOOR, WHO -- DID ALL FOUR OF YOU GO TO THE FRONT DOOR TOGETHER?

150 A:

YES.

151 Q:

AND THEN YOU SAY YOU WALKED -- CAN YOU TRACE THE PATH THAT YOU ALL WALKED TO GET AROUND THE POOL AREA?

152 A:

THIS IS THE FRONT ENTRANCE. WE BACKED OUT, WALKED AROUND HERE, TOOK THIS WALKWAY AROUND OVER HERE INTO THE POOL AREA AND I BELIEVE IT WAS OUT INTO THIS AREA AND THEN DOWN THESE STEPS (INDICATING).

153 Q:

ALL FOUR OF YOU TOGETHER?

154 A:

YES.

155 Q:

AND THEN ALL FOUR OF YOU STOOD AT THE ROOM MARKED AS KAELIN'S ROOM?

156 A:

YES.

157 Q:

AND THEN WHAT HAPPENED?

158 A:

I KNOCKED ON THE DOOR.

159 Q:

DID SOMEONE ANSWER?

160 A:

EVENTUALLY.

161 Q:

NOT RIGHT AWAY?

162 A:

NO.

163 Q:

EVENTUALLY WHEN SOMEONE DID ANSWER, CAN YOU DESCRIBE THE PERSON THAT OPENED THE DOOR?

164 A:

HE WAS A MALE CAUCASIAN WITH BROWNISH BLOND HAIR, LEARNED HIS NAME LATER TO BE KATO KAELIN.

165 Q:

WHAT DID HE LOOK LIKE TO YOU? WHAT WAS HIS CONDITION?

166 A:

LOOKED LIKE HE HAD JUST BEEN WOKEN UP FROM A SLEEP, LIKE ANYBODY DOES WOKEN UP FROM A SLEEP.

167 Q:

AND WHEN HE -- DID YOU TALK TO HIM?

168 A:

YES.

169 Q:

WHAT DID YOU SAY?

170 A:

I ASKED HIM IF HE KNEW IF O.J. SIMPSON WAS HOME.

171 Q:

DID YOU TELL HIM WHY YOU WERE ASKING?

172 A:

NO.

173 Q:

AND WHAT WAS HIS RESPONSE?

174 A:

HE SAID HE DID NOT KNOW I BELIEVE AND SAID THAT HIS DAUGHTER WAS RIGHT NEXT DOOR, MR. SIMPSON'S DAUGHTER WAS RIGHT NEXT DOOR AND I SHOULD GO OVER THERE AND ASK HER.

175 MS. CLARK:

YOUR HONOR, MAY I ASK THAT THE BOARD BE SHOWN TO THE REST OF THE JURY? I THINK THE JURORS IN THE BACK CAN'T SEE IT.

176 THE COURT:

SURE. MR. FAIRTLOUGH, COULD YOU BRING THAT DOWN TO THE END OF THE JURY BOX THERE. IT'S MILLER TIME. ALL RIGHT. LADIES AND GENTLEMEN, WE'RE GOING TO TAKE OUR RECESS FOR THE AFTERNOON AT THIS TIME. PLEASE REMEMBER MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DON'T DISCUSS THE MATTER WITH ANYBODY, DON'T ALLOW ANYBODY TO CONTACT OR COMMUNICATE WITH YOU ABOUT THE CASE, DO NOT CONDUCT ANY DELIBERATIONS ON THE MATTER UNTIL IT HAS BEEN SUBMITTED TO YOU. HAVE A PLEASANT EVENING AND WE WILL SEE YOU AGAIN TOMORROW MORNING AT 9:00 O'CLOCK. DETECTIVE PHILLIPS, YOU ARE EXCUSED, TOMORROW MORNING AT 9:00 O'CLOCK. DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY EXCEPT WITH THE LAWYERS FROM BOTH SIDES. ALL RIGHT. WE'LL STAND IN RECESS 9:00 O'CLOCK. AND, COUNSEL, I'D APPRECIATE IF YOU WOULD BE PROMPT TOMORROW MORNING BECAUSE WE HAVE BUSINESS TO TAKE CARE OF. THANK YOU, DETECTIVE. YOU MAY STEP DOWN.

Temperature

procedural

Key Quotes (4)

Detective Phillips
HELLO, THIS IS O.J. I'M NOT HOME. LEAVE A MESSAGE — something to that effect.
Establishes that OJ's answering machine was active at 5:36 AM, corroborating the prosecution's timeline that Simpson was not home.
Detective Phillips
DETECTIVE FUHRMAN WENT OVER THE WALL OF THE ROCKINGHAM RESIDENCE.
Key moment establishing how the detectives entered the property — central to defense claims of warrantless search.
Lance A. Ito
GREAT WATCHDOG.
Rare moment of judicial humor, breaking tension during dry procedural testimony about the dog at the front door.
Lance A. Ito
IT'S MILLER TIME.
Ito's colloquial dismissal for afternoon recess — characteristic Ito-style levity.

Evidence (3)

People's 65
Photocopy of detective's cellular phone bill showing a 5:36 AM call on June 13, 1994 to (310) 476-4619 — OJ Simpson's Rockingham number
introduced, displayed on screen with laser pointer for jury
People's 64
Photo of the Ashford gate at the Rockingham residence
referenced to identify entry point
People's 66
Diagram of the Simpson residence at 360 North Rockingham Avenue, showing guest units, pool area, and Kaelin's room
introduced; witness used pointer to trace detectives' path through property

Notable Exchanges (2)

Lance A. ItoDetective Phillips
After Cochran objected to the witness using 'we' instead of 'I,' Ito corrected the witness and asked him to restart. The witness replied 'NO. WHY DON'T WE — START OVER, PLEASE,' and Clark withdrew the question entirely.
mildly chaotic, procedural stumble
Lance A. ItoMarcia Clark
After testimony about the non-threatening black dog, Ito quipped 'Great watchdog' and Clark responded 'Yeah. Fierce.' — brief courtroom levity.
light

Light Moments (2)

Lance A. Ito / Marcia Clark
After the witness described four detectives backing away from a dog that then simply laid down, Ito said 'GREAT WATCHDOG' and Clark replied 'YEAH. FIERCE.'
Lance A. Ito
Ito declared afternoon recess with 'IT'S MILLER TIME.'

Objections

5 objections (2 sustained, 3 overruled)
Proceeding 4882 • 176 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 FEB 15, 1995 📄 Direct examination of Tom Lang
FEB 15, 1995 KRT DvH TD