Redirect examination of Dave Rossi (part 1)

📄 Redirect examination of Dave Rossi (part 1) — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\REDIRECT-EXAMINATION-OF-DAVE-R.DOC

TRIAL

▲ Day 19 of 167

◀ Cross-examination of Dave Rossi (part 2) Sidebar (2) ▶

Witness: Sgt. David Rossi
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 80

Marcia Clark conducts redirect to rehabilitate Sgt. Rossi after defense cross-examination, establishing that his limited actions at the Bundy crime scene were entirely consistent with his role as watch commander. Rossi confirms his sole responsibility was to secure the perimeter and brief incoming homicide detectives — not to direct the investigation, notify the coroner, or collect evidence. The defense repeatedly objected to Clark's leading questions, with Judge Ito sustaining every objection.

# 1

REDIRECT EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

SERGEANT ROSSI, IS IT YOUR JOB TO TAKE NOTES AT A CRIME SCENE?

# 4 A:

NO, IT IS NOT.

# 5 Q:

IS IT YOUR JOB TO NOTIFY THE CORONER?

# 6 A:

NO, IT IS NOT.

# 7 Q:

IS IT YOUR JOB TO DIRECT THE INVESTIGATION?

# 8 A:

NO, IT IS NOT.

# 9 Q:

IS IT YOUR JOB TO CALL FOR A CRIMINALIST TO APPEAR?

# 10 A:

NO.

# 11 Q:

IS IT YOUR JOB TO ASK FOR A PHOTOGRAPHER TO COME?

# 12 A:

NO.

# 13 Q:

IS IT YOUR JOB AS TO ASK FOR A PRINT EXPERT TO GET THERE?

# 14 A:

NO.

# 15 Q:

IS IT YOUR JOB TO DIRECT THE SEARCH AT A CRIME SCENE?

# 16 A:

NO.

# 17 Q:

OR THE COLLECTION OF EVIDENCE?

# 18 A:

NO.

# 19 Q:

WHAT IS YOUR JOB WHEN YOU GO TO A CRIME SCENE?

# 20 A:

AS A WATCH COMMANDER MY JOB IS TO ENSURE THAT THE CRIME SCENE IS SECURE AND THAT ANY EVIDENCE IS PROTECTED AND TO MAKE THE NECESSARY NOTIFICATIONS TO THE DETECTIVES AND TO MY COMMAND STAFF.

KEY QUOTE

# 21 Q:

SO YOU ARE NOT TRAINED, PER SE, IN HOMICIDE INVESTIGATION; IS THAT RIGHT?

# 22 MR. BAILEY:

OBJECTION, LEADING.

# 23 THE COURT:

SUSTAINED.

# 24 Q:

BY MS. CLARK: ARE YOU TRAINED IN HOMICIDE INVESTIGATION, SIR?

# 25 A:

NO.

# 26 Q:

SO ARE YOU THERE TO MAINTAIN THE SCENE FOR THE DETECTIVE WHO IS TRAINED IN HOMICIDE INVESTIGATION?

# 27 A:

THAT IS CORRECT.

# 28 Q:

AND SO WHEN YOU SAY IT IS YOUR JOB TO SECURE THE CRIME SCENE, AS YOU -- YOU REFERRED TO CHECKING THE PERIMETER IN YOUR TESTIMONY YESTERDAY. DO YOU REMEMBER THAT?

# 29 A:

YES, I DO.

# 30 Q:

IS THAT WHAT YOU WERE TALKING ABOUT IN TERMS OF SECURING THE CRIME SCENE?

# 31 A:

THAT'S CORRECT.

# 32 Q:

SO YOU MAKE SURE THE CRIME SCENE TAPE IS WHERE IT IS SUPPOSED TO BE?

# 33 A:

THAT IS PART OF IT, YES.

# 34 Q:

AND THAT NOBODY GOES IN THROUGH THE TAPE WHO ISN'T SUPPOSED TO?

# 35 A:

THAT'S CORRECT.

# 36 Q:

AND YOU DO THAT UNTIL THE DETECTIVE WHO IS HANDLING THE CASE GETS THERE?

# 37 A:

YES, I DO.

# 38 Q:

NOW, YOU INDICATED THAT YOU HAVE BEEN TO WHAT, 300 HOMICIDE SCENES?

# 39 A:

IN THE NEIGHBORHOOD OF 250 TO 300 IN MY CAREER, YES.

# 40 Q:

AND HAVE YOU BEEN TO OTHER HOMICIDE SCENES IN YOUR CAPACITY AS SERGEANT, WATCH COMMANDER, ON PREVIOUS HOMICIDE CASES?

# 41 A:

YES, I HAVE.

# 42 Q:

AND IN THOSE OTHER HOMICIDE CASES WHERE YOU APPEARED AS A -- IN YOUR CAPACITY AS WATCH COMMANDER, WHAT FUNCTION DID YOU PERFORM?

# 43 A:

THE EXACT SAME FUNCTION THAT I PERFORMED AT THIS HOMICIDE.

# 44 Q:

YOU MEAN IN THOSE OTHER CASES YOU DID NOT NOTIFY THE CORONER?

# 45 A:

NO, MA'AM.

# 46 Q:

YOU DID NOT ATTEMPT TO ASCERTAIN THE IDENTITY OF THE VICTIM?

# 47 A:

NO, I DID NOT.

# 48 Q:

YOU DID NOT ATTEMPT TO CALL FOR THE CRIMINALIST?

# 49 A:

NO.

# 50 Q:

OR PHOTOGRAPHERS?

# 51 A:

NO.

# 52 Q:

OR NOTIFY CORONERS?

# 53 A:

NO. I HAVE DONE THAT, BUT ONLY UNDER THE DIRECTION OF THE DETECTIVE.

# 54 Q:

WHEN THE DETECTIVE HANDLING THE CASE ASKED YOU TO DO HIM A FAVOR AND HELP HIM OUT?

# 55 A:

THAT IS EXACTLY RIGHT.

# 56 Q:

SO THIS CASE WAS NO DIFFERENT THAN THE OTHERS?

# 57 A:

NO, IT IS NOT.

# 58 MR. BAILEY:

YOUR HONOR, EVERY QUESTION IS LEADING.

# 59 THE COURT:

SUSTAINED.

# 60 Q:

BY MS. CLARK: NOW, YOU INDICATED THAT YOU NEEDED TO OBSERVE THE SCENE BEFORE YOU SAW THE DETECTIVES WHO WERE GOING TO HANDLE THE CASE?

# 61 A:

YES.

# 62 Q:

WHY IS THAT?

# 63 A:

BECAUSE THE DETECTIVES WILL COME TO ME BEFORE ANYBODY ELSE AND ASK ME WHAT -- WHAT WE HAD HERE AND I NEED TO GIVE THEM A BRIEF OVERVIEW OF THE SCENE SO WHEN THEY START WALKING THROUGH IT AND TAKING A LOOK AT IT, THEY KNOW WHERE TO STEP AND WHERE NOT TO STEP AND WHAT TO BE LOOKING OUT FOR.

KEY QUOTE

# 64 Q:

OKAY. I THINK YOU INDICATED YESTERDAY THAT OFFICER RISKE TOLD YOU HE THOUGHT ONE OF THE VICTIMS MIGHT BE RELATED TO MR. SIMPSON; IS THAT CORRECT?

# 65 A:

YES, HE DID.

# 66 Q:

BUT AT THE POINT THAT YOU GOT THERE WAS THERE A CONFIRMATION OF THAT INFORMATION?

# 67 A:

NO, THERE WAS NO CONFIRMATION.

# 68 Q:

HAVE YOU EVER MADE NOTIFICATION TO THE NEXT OF KIN IN A HOMICIDE CASE?

# 69 A:

NO, I HAVE NOT.

# 70 Q:

ARE YOU AWARE OF ANY POLICY WITH RESPECT TO HOW IT IS SUPPOSED TO BE DONE, BY TELEPHONE OR IN PERSON?

# 71 A:

THAT IS DONE IN PERSON IF AT ALL POSSIBLE.

# 72 Q:

AND IS IT ALSO A REQUIREMENT THAT YOU CONFIRM THE IDENTITY OF THE VICTIM BEFORE YOU GO MAKING NOTIFICATIONS?

# 73 A:

BY ALL MEANS.

# 74 Q:

SO UNTIL IT IS CONFIRMED THAT THE -- WHAT THE VICTIM'S IDENTITY IS --

# 75 MR. BAILEY:

YOUR HONOR, OBJECT TO MISS CLARK TESTIFYING.

# 76 THE COURT:

SUSTAINED. IT IS LEADING.

# 77 MS. CLARK:

WHICH?

# 78 THE COURT:

LEADING.

# 79 MS. CLARK:

WHICH QUESTION WAS LEADING, I'M SORRY?

# 80 MR. BAILEY:

ALL OF THEM.

Temperature

procedural

Key Quotes (3)

Sgt. David Rossi

AS A WATCH COMMANDER MY JOB IS TO ENSURE THAT THE CRIME SCENE IS SECURE AND THAT ANY EVIDENCE IS PROTECTED AND TO MAKE THE NECESSARY NOTIFICATIONS TO THE DETECTIVES AND TO MY COMMAND STAFF.

Core rehabilitation testimony — defines the limited scope of Rossi's role, undercutting any defense suggestion that his actions or inactions at the scene were improper.

Sgt. David Rossi

BECAUSE THE DETECTIVES WILL COME TO ME BEFORE ANYBODY ELSE AND ASK ME WHAT -- WHAT WE HAD HERE AND I NEED TO GIVE THEM A BRIEF OVERVIEW OF THE SCENE SO WHEN THEY START WALKING THROUGH IT AND TAKING A LOOK AT IT, THEY KNOW WHERE TO STEP AND WHERE NOT TO STEP AND WHAT TO BE LOOKING OUT FOR.

Explains why Rossi walked the crime scene — not to investigate, but to brief incoming detectives, reframing what the defense likely characterized as overreach or contamination.

F. Lee Bailey

ALL OF THEM.

Bailey's deadpan reply when Clark asks which question was leading — encapsulates the defense's contempt for Clark's entire redirect approach and lands as a courtroom moment.

Notable Exchanges (1)

F. Lee Bailey•Marcia Clark•Lance A. Ito

Bailey objects that 'EVERY QUESTION IS LEADING.' Clark asks which one was leading; Ito sustains and says 'Leading.' When Clark presses again asking which question, Bailey delivers the flat rejoinder 'ALL OF THEM.'

contentious with a dry edge

Light Moments (1)

F. Lee Bailey

After Clark asks which of her questions was leading, Bailey responds simply 'ALL OF THEM.'

Objections

3 objections (3 sustained, 0 overruled)

Proceeding 4810 • 80 utterances • Prosecution witness

Criminal Trial

Department 103