Recross-examination of Dave Rossi

📄 Recross-examination of Dave Rossi — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\RECROSS-EXAMINATION-OF-DAVE-RO.DOC

TRIAL

▲ Day 19 of 167

◀ Witness transition Redirect examination of Dave Rossi (part 3) ▶

Witness: Sgt. David Rossi
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 255

F. Lee Bailey aggressively cross-examined Sergeant Rossi about his failure to notify the coroner, his limited knowledge of LAPD procedure manuals, and the reliability of his observations of bloody shoeprints at the crime scene. Bailey used the LAPD's own 'General Reporting Instructions' manual to expose Rossi's admitted non-compliance with investigative duties, and then systematically undermined Rossi's credibility about the shoeprints by catching him in a contradiction about how far from the gate he actually walked.

# 1 THE COURT:

ALL RIGHT. MR. BAILEY, RECROSS.

# 2

RECROSS-EXAMINATION

# 3

BY MR. BAILEY:

# 4 Q:

AS I UNDERSTAND IT, YOUR VIEW OF THAT REGULATION IS THAT WHEN THE INVESTIGATING OFFICERS ARRIVE IT WAS THEN THAT THE OBLIGATION TO NOTIFY THE CORONER AROSE; IS THAT RIGHT?

# 5 A:

IT WAS THEIR RESPONSIBILITY.

# 6 Q:

UH-HUH. AND YOU WATCHED THEM VIOLATE THAT RESPONSIBILITY FOR SIX HOURS, DIDN'T YOU?

# 7 A:

NO, SIR.

# 8 MS. CLARK:

OBJECTION. OBJECTION. THAT IS ARGUMENTATIVE AND ASSUMES FACTS NOT EVIDENCE.

# 9 THE COURT:

SUSTAINED, SUSTAINED.

# 10 Q:

BY MR. BAILEY: DID YOU HEAR THEM CALL THE CORONER?

# 11 A:

NO.

# 12 Q:

DID YOU MENTION TO THEM THEIR RESPONSIBILITY UNDER THAT SECTION AT ANY TIME?

# 13 MS. CLARK:

OBJECTION.

# 14 THE COURT:

OVERRULED.

# 15 SGT. DAVID ROSSI:

NO, I DID NOT.

# 16 Q:

BY MR. BAILEY: WHY NOT?

# 17 A:

IT IS NOT MY PLACE.

# 18 Q:

YOU WATCHED THEM VIOLATE A REGULATION AND YOU DIDN'T DO ANYTHING ABOUT IT?

# 19 MS. CLARK:

OBJECTION.

# 20 THE COURT:

SUSTAINED.

# 21 Q:

BY MR. BAILEY: DOESN'T SECTION 210.46 REQUIRE YOU TO REPORT MISCONDUCT BY OFFICERS EVEN IF THEY ARE YOUR SUPERIORS?

# 22 MS. CLARK:

OBJECTION.

# 23 THE COURT:

SUSTAINED. ASSUMES FACTS NOT IN EVIDENCE.

# 24 MR. BAILEY:

OKAY.

# 25 Q:

NOW, YOU SAID ON REDIRECT EXAMINATION, IN RESPONSE TO A WHOLE SERIES OF QUESTIONS, THAT YOU REALLY HAD NO DUTY TO DO ANYTHING DURING YOUR TENURE AS SENIOR PERSON AT THE SCENE EXCEPT PROTECT IT; IS THAT RIGHT?

# 26 A:

YES, SIR.

# 27 Q:

OKAY. ISN'T IT A FACT THAT YOUR OBLIGATION, AFTER INITIALLY DEPLOYING PEOPLE TO THE SCENE, WAS TO WORK AS PARTNERS IN PRELIMINARY INVESTIGATIONS AND COMPARE NOTES TO MAKE SURE THAT ALL FACTS HAD BEEN GATHERED? WAS THAT YOUR OBLIGATION?

# 28 A:

WITH WHOM?

# 29 Q:

ALL THE PEOPLE AT THE SCENE BEFORE THE DETECTIVE GOT THERE?

# 30 A:

NO.

# 31 Q:

IT WAS NOT YOUR OBLIGATION?

# 32 A:

NO.

# 33 Q:

OKAY. WAS IT YOUR OBLIGATION TO LOCATE AND IDENTIFY WITNESSES, REQUEST THEM TO REMAIN FOR QUESTIONING AND QUESTION THEM SEPARATELY?

# 34 MS. CLARK:

OBJECTION. COUNSELS SEEMS TO BE READING FROM SOMETHING. MAY I SEE IT?

# 35 MR. BAILEY:

I AM PUTTING QUESTIONS, YOUR HONOR.

# 36 THE COURT:

HE IS ASKING QUESTIONS. YOU CAN'T SEE EACH OTHER'S NOTES WHEN HE IS ASKING QUESTIONS.

# 37 MS. CLARK:

IT IS PRINTED.

# 38 THE COURT:

COUNSEL, THE SOURCE OF THAT SHOULD BE PRETTY OBVIOUS.

# 39 Q:

BY MR. BAILEY: DO YOU REMEMBER THE QUESTION?

# 40 A:

YES, I DO.

# 41 Q:

OKAY. WAS THAT YOUR OBLIGATION?

# 42 A:

YES. IF IT IS POSSIBLE TO OBTAIN WITNESSES, I SHOULD --

# 43 Q:

WAS IT YOUR OBLIGATION TO ESTABLISH THE ELEMENTS OF THE CRIME AND OTHER DETAILS RELATING TO WHO, WHAT, WHEN, WHERE, WHY AND HOW AND COMPLETE THE NECESSARY REPORTS? WAS THAT YOUR OBLIGATION?

# 44 A:

ONLY IF POSSIBLE.

# 45 Q:

ALL RIGHT. CAN YOU TELL US HOW YOU CARRIED OUT, IF AT ALL, THIS LATTER OBLIGATION?

# 46 A:

I DID NOT DO THAT, SIR.

KEY QUOTE

# 47 Q:

OKAY. ARE YOU FAMILIAR WITH THE REQUIREMENT THAT YOU DO THAT?

# 48 A:

NO.

# 49 Q:

DID YOU EVER READ A PUBLICATION PUT OUT BY THE LAPD CALLED "GENERAL REPORTING INSTRUCTIONS"?

# 50 A:

NOT THAT I RECALL.

# 51 Q:

DID YOU EVER READ A SECTION CALLED "CONDUCTING THE INVESTIGATION" WITHIN THAT PUBLICATION?

# 52 A:

NOT THAT I RECALL.

# 53 MR. BAILEY:

COULD THIS BE MARKED FOR IDENTIFICATION?

# 54 MS. CLARK:

MAY I JUST SEE WHAT COUNSEL IS REFERRING TO?

# 55 MR. BAILEY:

CERTAINLY.

# 56 (BRIEF PAUSE.)

# 57 THE COURT:

MRS. ROBERTSON, 1014.

# 58 (DEFT'S 1014 FOR ID = 1-PG LAPD MANUAL)

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

# 60 THE COURT:

MISS CLARK, HOW ABOUT IF I HAVE MISS ROBERTSON HAVE A PHOTOCOPY MADE FOR YOU?

# 61 MS. CLARK:

THANK YOU, YOUR HONOR. IN THE MEANTIME THAT IS FINE.

# 62 MR. BAILEY:

THERE IS ONLY ONE SHORT SECTION.

# 63 (BRIEF PAUSE.)

# 64 MR. BAILEY:

MAY I APPROACH, YOUR HONOR?

# 65 THE COURT:

YOU MAY.

# 66 Q:

I SHOW YOU WHAT WILL BE MARKED AS DEFENSE 1014 FOR IDENTIFICATION AND ASK YOU IF YOU HAVE EVER SEEN THAT WRITING BEFORE?

# 67 A:

I MAY HAVE, BUT I'M NOT SURE.

# 68 Q:

WOULD YOU THEN PLEASE READ THE SECTION TO WHICH I AM POINTING ENTITLED "CONDUCTING THE INVESTIGATION" TO SEE IF YOUR RECOLLECTION IS REFRESHED AS TO WHAT YOUR OBLIGATIONS WERE THAT MORNING.

# 69 A:

DO YOU WANT ME TO READ THIS WHOLE THING?

# 70 Q:

I WANT YOU TO READ IT TO YOURSELF TO SEE IF IT HELPS YOU REMEMBER WHAT YOU SHOULD HAVE BEEN DOING?

# 71 MS. CLARK:

OBJECTION. THAT IS ARGUMENTATIVE.

# 72 THE COURT:

SUSTAINED. THE JURY IS TO DISREGARD THE LAST COMMENT BY MR. BAILEY AS BEING ARGUMENTATIVE?

# 73 SGT. DAVID ROSSI:

(WITNESS COMPLIES.) I DID MOST OF THAT, SIR.

# 74 Q:

BY MR. BAILEY: ALL RIGHT. NOW, A MOMENT AGO, WHEN I ASKED YOU WHETHER OR NOT YOU HAD AN OBLIGATION TO PERFORM THESE DUTIES, YOU REALIZE NOW I WAS READING FROM YOUR OWN GENERAL REPORTING INSTRUCTIONS MANUAL, RIGHT?

# 75 A:

YES.

# 76 Q:

OKAY. BUT I BELIEVE YOU SAID THAT YOU HAD NO OBLIGATION TO ESTABLISH THE ELEMENTS OF THE CRIME AND OTHER DETAILS RELATING TO WHO, WHAT, WHEN, WHERE, WHY AND HOW AND COMPLETE THE NECESSARY REPORTS. DO YOU WISH TO CHANGE THAT ANSWER?

# 77 A:

NO, I DON'T.

# 78 Q:

ALL RIGHT. IS IT SET FORTH HERE THAT THAT IS YOUR OBLIGATION?

# 79 A:

IF THAT IS POSSIBLE.

# 80 Q:

SO DO YOU DISAGREE WITH THE MANUAL?

# 81 A:

IN THIS CASE IT WASN'T POSSIBLE.

# 82 Q:

DO YOU DISAGREE WITH THE MANUAL?

# 83 A:

NO, I DON'T DISAGREE WITH THE MANUAL.

# 84 Q:

SO YOU ARE SAYING THE REASON YOU DIDN'T UNDERTAKE SOME SEGMENT OF WHAT WAS PRINTED HERE IS BECAUSE IT WAS NOT POSSIBLE?

# 85 A:

YES, SIR.

# 86 Q:

OKAY. YOU ALSO I BELIEVE TOLD US THAT YOUR DUTY TO PRESERVE EVIDENCE WAS ONLY TO PRESERVE THAT WHICH WAS OBVIOUS. WAS THAT YOUR STATEMENT ON REDIRECT?

# 87 A:

YES, IT WAS.

# 88 Q:

AND IF EVIDENCE IS NOT OBVIOUS TO YOU IT IS OKAY TO OBLITERATE IT; IS THAT CORRECT?

# 89 A:

OF COURSE NOT.

# 90 Q:

WELL, THEN WHY DID YOU RESTRICT YOUR OBLIGATION TO PRESERVE OBVIOUS EVIDENCE?

# 91 A:

BECAUSE OBVIOUS EVIDENCE IS THE FIRST EVIDENCE YOU SEE.

# 92 Q:

OKAY. WHAT ABOUT WHAT EVIDENCE THAT IS NOT OBVIOUS, LIKE FINGERPRINTS ON GLASSES AND OTHER THINGS OF THAT SORT?

# 93 A:

THAT IS IMPORTANT.

# 94 Q:

IS THAT PART OF YOUR DUTY TO PROTECT BECAUSE IT IS OBVIOUS OR BECAUSE YOU CAN'T SEE IT OR WHY?

# 95 A:

IF IT IS WITHIN THE CRIME SCENE, YES.

# 96 Q:

ALL RIGHT. TELL ME WHAT STEPS, IF ANY, YOU TOOK TO PROTECT THAT PORTION OF WHAT MIGHT BE EVIDENCE THAT WAS NOT VISIBLE TO THE NAKED EYE?

# 97 A:

THE AREA WAS CORDONED OFF AND NOBODY UNAUTHORIZED WAS ALLOWED INTO IT.

# 98 Q:

YOU SAY "UNAUTHORIZED." WHERE IN THE MANUAL DOES IT MANDATE THAT YOU AS A WATCH COMMANDER, AWAITING DETECTIVES, GO TO THE CRIME SCENE PERSONALLY AND GO PAST THE TAPE ONCE IT HAS BEEN SECURED? WHERE IN THE MANUAL?

# 99 A:

I HAVE NO IDEA.

# 100 Q:

IS THAT SOMETHING YOU DO SIMPLY BECAUSE IT IS A HABIT?

# 101 A:

IT WAS SOMETHING I DO BECAUSE IT IS MANDATED BY OUR DETECTIVES.

# 102 Q:

WELL, YOU HAVE DISCLAIMED, AS I UNDERSTAND IT, ANY EXPERTISE OR RESPONSIBILITY FOR SOLVING THE CRIME, HAVE YOU NOT?

# 103 A:

FOR SOLVING THE CRIME, THAT'S CORRECT, YES.

# 104 Q:

ALL RIGHT. WELL IF THAT IS SO, WHY IN THE WORLD WOULD YOU JEOPARDIZE THE CRIME SCENE BY WALKING ON IT?

# 105 A:

I DIDN'T JEOPARDIZE THE CRIME SCENE BY WALKING ON IT.

# 106 Q:

OKAY. DID YOU REALLY HAVE ANY BUSINESS AT ALL IN INSPECTING THOSE BODIES THAT MORNING?

# 107 A:

YES, SIR.

# 108 Q:

ALL RIGHT. AND WHERE IN THE MANUAL IS IT MANDATED THAT YOU DO THAT?

# 109 A:

I HAVE NO IDEA.

# 110 Q:

IT ISN'T MANDATED IN THE MANUAL ANYWHERE, IS IT, SERGEANT?

# 111 A:

I DON'T KNOW.

# 112 Q:

WHEN WAS THE LAST TIME YOU READ THE MANUAL, DO YOU REMEMBER?

# 113 A:

COVER TO COVER? ABOUT FIFTEEN YEARS AGO.

KEY QUOTE

# 114 Q:

AND ANY PART THEREOF?

# 115 A:

UMM, PROBABLY THREE TO FOUR TIMES A WEEK.

# 116 Q:

OKAY. NOW, DID YOU RECEIVE, YOU, A COMPLAINT FROM THE CORONER'S OFFICE FOR FAILING TO NOTIFY THEM?

# 117 A:

NO, SIR.

# 118 Q:

DID YOU LEARN THAT THE CORONER FELT THAT THE LAW HAD BEEN VIOLATED --

# 119 MS. CLARK:

OBJECTION.

# 120 Q:

BY MR. BAILEY: -- KEPT FROM THE SCENE?

# 121 MS. CLARK:

OBJECTION, YOUR HONOR, HEARSAY.

# 122 THE COURT:

SUSTAINED.

# 123 Q:

BY MR. BAILEY: DID ANYONE DISCUSS WITH YOU AT ANY TIME, AFTER YOU RETURNED TO YOUR STATION OR BEFORE, THE ISSUE OF THE FAILURE TO NOTIFY THE CORONER TO COME TO THE SCENE?

# 124 MS. CLARK:

OBJECTION. THAT ASSUMES FACTS NOT IN EVIDENCE.

# 125 THE COURT:

OVERRULED.

# 126 SGT. DAVID ROSSI:

NO, SIR.

# 127 Q:

BY MR. BAILEY: TO THIS DAY YOU HAVE NEVER BEEN QUERIED AS TO WHY THAT DIDN'T HAPPEN?

# 128 MS. CLARK:

OBJECTION.

# 129 Q:

BY MR. BAILEY: IS THAT RIGHT?

# 130 THE COURT:

OVERRULED.

# 131 MS. CLARK:

THAT ASSUMES FACTS NOT IN EVIDENCE.

# 132 THE COURT:

OVERRULED.

# 133 SGT. DAVID ROSSI:

NO, I HAVE NOT.

# 134 Q:

BY MR. BAILEY: AM I THE FIRST ONE EVER TO QUESTION YOU AS TO WHY THE CORONER WASN'T NOTIFIED?

# 135 A:

YES.

# 136 MR. BAILEY:

THAT'S ALL. THANK YOU. I'M SORRY. ONE MORE QUESTION.

# 137 Q:

YOU SAID YOU SAW A SINGLE SET OF FOOTPRINTS. DO YOU RECALL SAYING THAT?

# 138 A:

YES, I DO.

# 139 Q:

HOW WOULD YOU KNOW THAT?

# 140 A:

I SAW TWO FOOTPRINTS.

# 141 Q:

ARE YOU AN EXPERT IN FOOTPRINTS?

# 142 A:

NO.

# 143 Q:

DID YOU EXAMINE A PHOTOGRAPH OF THE FOOTPRINTS?

# 144 A:

JUST NOW YOU MEAN?

# 145 Q:

NO, AT THE SCENE?

# 146 A:

NO.

# 147 Q:

THERE WERE NO PHOTOGRAPHS TAKEN UNTIL YOU LEFT AT 4:10, WEREN'T THERE?

# 148 MS. CLARK:

OBJECTION, IRRELEVANT.

# 149 THE COURT:

OVERRULED.

# 150 MS. CLARK:

ARGUMENTATIVE.

# 151 THE COURT:

OVERRULED.

# 152 SGT. DAVID ROSSI:

I DON'T REMEMBER IF PHOTOGRAPHS WERE TAKEN WHILE I WAS THERE OR NOT.

# 153 Q:

BY MR. BAILEY: YOU NEVER SAW A FLASHBULB GO OFF, DID YOU?

# 154 A:

RIGHT.

# 155 Q:

IT WAS NOT LIGHT ENOUGH TO TAKE PHOTOGRAPHS BY NATURAL LIGHT, WAS IT?

# 156 A:

I HAVE NO IDEA.

# 157 Q:

YOU DON'T KNOW IF IT WAS DARK OR NOT, SERGEANT?

# 158 A:

I KNOW IT WAS DARK.

# 159 Q:

CAN YOU TAKE PHOTOGRAPHS BY NATURAL LIGHT WHEN IT IS DARK?

# 160 MS. CLARK:

OBJECTION, IRRELEVANT.

# 161 Q:

BY MR. BAILEY: IF YOU KNOW?

# 162 A:

I DON'T KNOW CAMERAS THAT WELL, SIR. I DON'T KNOW.

# 163 Q:

HOW DID YOU ASCERTAIN THAT THERE WAS A SINGLE SET OF FOOTPRINTS, SERGEANT ROSSI?

# 164 A:

I SAW TWO BLOODY SHOE -- SHOEPRINTS.

# 165 Q:

LEFT AND A RIGHT? TWO LEFT? WHAT WERE THEY?

# 166 A:

I SAW TWO.

# 167 Q:

HOW DO YOU KNOW THAT ALL THE PRINTS THAT YOU SAW, BOTH OF THEM, WERE MADE BY ONE SET OF FEET?

# 168 A:

I DON'T KNOW THAT.

# 169 Q:

OKAY. WHERE EXACTLY, BETWEEN THE TWO GATES, DID YOU SEE THESE FOOTPRINTS?

# 170 A:

APPROXIMATELY HALF THE WAY BETWEEN THE REAR GATE AND THE FRONT PART OF THE HOUSE. HALFWAY DOWN THE WALKWAY, I SHOULD SAY.

# 171 Q:

HALFWAY DOWN THE WALKWAY?

# 172 A:

YES.

# 173 Q:

NOW, YOU KNOW TODAY, FROM JUST HAVING VIEWED A PICTURE OF IT, THAT THERE IS NO WALKWAY, DON'T YOU?

# 174 A:

THERE IS NO WALKWAY?

# 175 Q:

YEAH. BRING OUT 48, PLEASE.

# 176 (BRIEF PAUSE.)

# 177 MR. FAIRTLOUGH:

MR. BAILEY, WHICH -- WHICH LETTER?

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

# 179 THE COURT:

E AND F.

# 180 MR. FAIRTLOUGH:

48-E.

# 181 MR. BAILEY:

AS LONG AS YOU BROUGHT THAT ONE UP, STOP THERE.

# 182 THE COURT:

ALL RIGHT.

# 183 Q:

BY MR. BAILEY: DID YOU SEE THIS -- COULD YOU BRING THAT BACK FOR A MINUTE?

# 184 MR. FAIRTLOUGH:

SURE.

# 185 THE COURT:

48-G WAS A CLOSE-UP OF A BLOOD SPOT?

# 186 MR. BAILEY:

YES.

# 187 MR. FAIRTLOUGH:

I'M SORRY, DO YOU WANT ME TO PULL BACK UP 48-B OR 48-G?

# 188 MR. BAILEY:

BLOOD SPOT.

# 189 MR. FAIRTLOUGH:

THIS IS 48-G, YOUR HONOR. THE FIRST ONE WAS 48-E.

# 190 Q:

BY MR. BAILEY: DID YOU SEE THAT BLOOD SPOT THAT MORNING?

# 191 A:

I SAW A BLOOD SPOT THAT MORNING.

# 192 Q:

I UNDERSTOOD YOU TO SAY ON REDIRECT EXAMINATION THAT YOU RECOGNIZED THIS BLOOD SPOT. DO YOU OR DON'T YOU?

# 193 MS. CLARK:

OBJECTION. THAT MISSTATES THE TESTIMONY.

# 194 THE COURT:

SUSTAINED.

# 195 Q:

BY MR. BAILEY: WHAT DID YOU MEAN TO SAY ABOUT THIS BLOOD SPOT WHEN IT WAS SHOWN TO YOU ON REDIRECT?

# 196 MS. CLARK:

OBJECTION. THAT IS ARGUMENTATIVE.

# 197 THE COURT:

OVERRULED.

# 198 SGT. DAVID ROSSI:

I SAW A BLOOD SPOT IN THE BEGINNING OF THE WALKWAY AREA.

# 199 Q:

BY MR. BAILEY: DOES THAT LOOK LIKE THE BLOOD SPOT YOU SAW THAT MORNING?

# 200 A:

IT LOOKS LIKE THE AREA WHERE I SAW ONE.

# 201 Q:

LOOK THE AT THE SPOT, IF YOU WILL, ON THIS SCREEN. DO YOU NOTICE THAT IT IS PRETTY MUCH CIRCULAR?

# 202 A:

YES.

# 203 Q:

WAS THE SPOT THAT YOU LOOKED AT THAT MORNING THAT YOU ALLUDED TO IN YOUR REDIRECT EXAMINATION A CIRCULAR SPOT OF THAT TYPE?

# 204 A:

YES.

# 205 Q:

DO YOU HAVE ANY TRAINING AT ALL IN BLOOD SPOTS?

# 206 A:

NO.

# 207 Q:

CAN YOU TELL, FROM LOOKING AT THAT SPOT, THAT WHOEVER DROPPED IT WAS STANDING STILL?

# 208 A:

NO.

# 209 Q:

YOU CAN'T? OKAY. WHERE -- BRING UP E, PLEASE.

# 210 MR. FAIRTLOUGH:

# 211 MR. BAILEY:

AND PRINT THAT, IF YOU WILL.

# 212 MR. FAIRTLOUGH:

DO YOU WISH THIS PARTICULAR PHOTO PRINTED?

# 213 MR. BAILEY:

YES, PLEASE. 1015, MISS ROBERTSON?

# 214 THE COURT:

NO. THIS IS ALREADY PEOPLE'S 48-G.

# 215 MR. FAIRTLOUGH:

NOW, PEOPLE'S 48-E.

# 216 THE COURT:

G IS A SHOEPRINT.

# 217 MR. FAIRTLOUGH:

45. PEOPLE'S 45-E, YOUR HONOR.

# 218 Q:

BY MR. BAILEY: ALL RIGHT. IS THAT THE AREA WHERE YOU SAW SHOEPRINTS?

# 219 A:

I BELIEVE I SAW IT A LITTLE BIT FARTHER DOWN.

# 220 Q:

ALL RIGHT. DO YOU RECOGNIZE WHERE WE ARE IN THAT PHOTOGRAPH?

# 221 A:

ISN'T THAT TOWARD THE FRONT OF THE HOUSE?

# 222 Q:

WELL, YOU ARE THE WITNESS.

# 223 A:

THAT IS WHAT IT APPEARS TO ME, YES.

# 224 Q:

IS THAT WHAT YOU RECOGNIZE FROM YOUR VISIT TO THE SCENE?

# 225 A:

WELL, I DIDN'T WALK THAT FAR, BUT THAT IS WHAT IT LOOKS LIKE TO ME.

# 226 Q:

YOU NEVER WENT UP THE STEPS, DID YOU?

# 227 A:

NO, I DIDN'T.

# 228 Q:

ANY ENTRY YOU HAD TO PART OF THE WALKWAY OR SERIES OF STEPS AND WALKWAY NEAREST THE ALLEY WAS THROUGH THE ALLEY GATE, WASN'T IT?

# 229 A:

YES, SIR.

# 230 Q:

NOW, HOW FAR FROM THE ALLEY GATE IN FEET, IF YOU CAN TELL US, WERE THE TWO PRINTS THAT YOU THOUGHT WERE BLOODY FOOTPRINTS?

# 231 A:

50 FEET.

# 232 Q:

50 FEET?

# 233 A:

APPROXIMATELY.

# 234 Q:

COULD YOU TELL ME HOW YOU WERE ABLE TO SEE THEM SINCE YESTERDAY YOU TOLD US YOU NEVER WENT MORE THAN THIRTY FEET FROM THE GATE?

# 235 A:

DID I SAY THAT. WELL, THEN MAYBE THIRTY FEET, I'M SORRY.

KEY QUOTE

# 236 Q:

WOULD YOU LIKE TO ELECT ONE OF THE TWO AS YOUR FINAL STATEMENT ON THAT?

KEY QUOTE

# 237 A:

I THINK IT WAS PROBABLY CLOSER TO 50.

# 238 Q:

50 FEET. YOU DON'T THINK YOU WENT ANY FURTHER THAN THAT?

# 239 A:

NO, I DIDN'T.

# 240 Q:

SO AS WE VIEW THE EVIDENCE WE OUGHT TO FIND TO BLOODY SHOEPRINTS 50 FEET FROM THE GATE OR LESS, RIGHT?

# 241 A:

YES.

# 242 Q:

DID YOU SEE ANY OTHER FOOTPRINT AT ANY TIME?

# 243 A:

NO, I DIDN'T.

# 244 Q:

DID YOU LOOK FOR ANY OTHER FOOTPRINTS?

# 245 A:

YEAH, I USED THE FLASHLIGHT, BUT LIKE I SAY, I DIDN'T GO ANY FARTHER PAST THE ONES THAT I SAW.

# 246 Q:

WHEN YOU CAME UPON THIS SET AND YOU HAD YOUR FLASHLIGHT IN YOUR HAND, DID YOU SHINE IT DOWN ON THE WALKWAY TO SEE IF THERE WERE OTHER AND FURTHER FOOTPRINTS?

# 247 A:

YES, I DID.

# 248 Q:

WHAT DID YOU SEE?

# 249 A:

I DIDN'T NOTICE ANY AT THAT POINT.

# 250 Q:

SO APPARENTLY SOME PERSON HAD WALKED A DISTANCE FROM THE CRIME SCENE TOWARD THE REAR GATE AND SUDDENLY THEIR SOLES GOT BLOODIED? IS THAT WHAT IT APPEARED TO YOU?

# 251 A:

NO.

# 252 Q:

OKAY. CAN YOU TELL ME WHETHER OR NOT, UNDER THE TERMS OF THE MANUAL THAT GOVERN THE CONDUCT OF ALL POLICE OFFICERS IN LAPD, IT IS A REQUIREMENT THAT ALL EMPLOYEES OF THE DEPARTMENT ARE TO CONFORM WITH ITS RULES AND PROVISIONS AT ALL TIMES? DO YOU AGREE WITH THAT?

# 253 A:

YES, I DO.

# 254 MR. BAILEY:

THANK YOU.

# 255 THE COURT:

MISS CLARK.

Temperature

tense

Key Quotes (5)

Sergeant Rossi

COVER TO COVER? ABOUT FIFTEEN YEARS AGO.

Rossi admits he hasn't read the LAPD manual in 15 years, undermining his claimed compliance with its procedures.

Sergeant Rossi

YES. AM I THE FIRST ONE EVER TO QUESTION YOU AS TO WHY THE CORONER WASN'T NOTIFIED? / YES.

Rossi confirms no internal accountability occurred — Bailey is the first to ever question the coroner notification failure, implying a cover-up or institutional indifference.

Sergeant Rossi

DID I SAY THAT. WELL, THEN MAYBE THIRTY FEET, I'M SORRY.

Rossi contradicts his own prior testimony about distance from the gate, then flip-flops back to 50 feet when pressed, damaging his credibility on the shoeprint observations.

F. Lee Bailey

WOULD YOU LIKE TO ELECT ONE OF THE TWO AS YOUR FINAL STATEMENT ON THAT?

Sharp impeachment moment highlighting Rossi's inability to commit to a consistent account of his own movements at the scene.

Sergeant Rossi

I DID NOT DO THAT, SIR.

Rossi flatly admits he failed to establish elements of the crime per the LAPD manual's 'who, what, when, where, why and how' requirement.

Evidence (3)

Defense 1014

One-page LAPD General Reporting Instructions manual, specifically the 'Conducting the Investigation' section

Introduced and used to impeach Rossi's claimed ignorance of his investigative duties

People's 48-G

Close-up photograph of a blood spot at the Bundy crime scene

Shown to Rossi to test whether he could identify the specific blood spot he observed that morning

People's 45-E

Photograph of the walkway area near the front of the house

Used to challenge Rossi's account of where he saw shoeprints and how far he actually walked

Notable Exchanges (4)

F. Lee Bailey•Sergeant Rossi

Bailey caught Rossi saying the shoeprints were 50 feet from the gate, then confronted him with his prior testimony that he never went more than 30 feet. Rossi wavered, apologized, then reverted to 50 feet.

devastating

F. Lee Bailey•Sergeant Rossi

Bailey introduced the LAPD manual and had Rossi read the 'Conducting the Investigation' section, then revealed he had been reading from Rossi's own department's manual when asking about duties Rossi denied having.

strategic

F. Lee Bailey•Marcia Clark•Judge Ito

Clark objected that Bailey appeared to be reading from something and demanded to see it. Ito told her she couldn't see opposing counsel's notes and remarked the source 'should be pretty obvious,' subtly siding with Bailey.

procedural

F. Lee Bailey•Sergeant Rossi

Bailey pressed Rossi on why he personally walked into the crime scene past the tape when his own stated role was only scene preservation, not investigation.

heated

Light Moments (1)

F. Lee Bailey

Bailey said 'THAT'S ALL. THANK YOU.' then immediately walked it back: 'I'M SORRY. ONE MORE QUESTION.' — and proceeded to open an entirely new line of questioning about footprints.

Credibility Attacks (4)

⚔ Sergeant Rossi

Prior inconsistent statement

Rossi testified the shoeprints were 50 feet from the gate, but Bailey confronted him with his prior day's testimony that he never went more than 30 feet. Rossi wavered and ultimately could not commit to a consistent distance.

⚔ Sergeant Rossi

Impeachment by omission / ignorance of duty

Using the LAPD's own General Reporting Instructions manual, Bailey demonstrated that Rossi was unaware of or failed to carry out mandatory investigative duties — locating witnesses, establishing crime elements — that his own department required.

⚔ Sergeant Rossi

Institutional non-accountability

Rossi confirmed that no one — not supervisors, not the coroner's office, not internal affairs — ever questioned him about the failure to notify the coroner. Bailey established himself as the first ever to raise this, suggesting the failure was either covered up or simply ignored.

⚔ Sergeant Rossi

Lack of expertise / overreach

Bailey exposed that Rossi had no training in blood spatter, no expertise in footprints, and no manual authority for personally inspecting the bodies, yet he did so anyway — potentially contaminating the scene.

Witness Demeanor

(WITNESS COMPLIES.) — Rossi reads the manual section silently as directed, then responds 'I DID MOST OF THAT, SIR' — a defensive claim immediately undercut by the prior admission that he did not.

Objections

16 objections (7 sustained, 5 overruled)

Proceeding 4814 • 255 utterances • Prosecution witness

Criminal Trial

Department 103