Redirect examination of Dave Rossi (part 2)

📄 Redirect examination of Dave Rossi (part 2) — Wednesday, February 15, 1995

Address:

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

TRIAL

▲ Day 19 of 167

Witness: Sgt. David Rossi
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 15, 1995 • Utterances: 146

Marcia Clark's redirect examination of Sergeant Rossi rehabilitates him after Bailey's cross. Clark clarifies that 'crime scene secured' meant no suspects or living victims remained, that invisible shoeprints on the walkway were insignificant compared to the visible bloody ones, and that the LAPD manual's 'investigating officers' notification requirement applied to detectives — not Rossi, a sergeant.

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

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MISS CLARK, YOU MAY CONTINUE.

# 3 MS. CLARK:

THANK YOU, YOUR HONOR.

# 4 (BRIEF PAUSE.)

# 5 THE COURT:

YOU WERE TALKING ABOUT NOTIFICATIONS.

# 6 MS. CLARK:

RIGHT. THANK YOU, YOUR HONOR.

# 7 Q:

WHAT IS THE POLICY OR WHAT IS THE ROUTINE WITH RESPECT TO THE DISCOVERY OF THE IDENTITY OF THE VICTIMS AND WHEN YOU MAKE NOTIFICATION?

# 8 A:

WELL, AGAIN, I THINK THAT HAS TO BE JUDGED ON EACH -- EACH CASE HAS TO BE JUDGED ON ITS OWN MERIT AND THAT IS WHAT THE DETECTIVES DO. I THINK IT IS HARD TO GIVE A PAT ANSWER ON SOMETHING LIKE THAT.

# 9 Q:

NOW, WHAT IS THE -- IF YOU KNOW, DO YOU KNOW WHAT THE POLICY IS WITH RESPECT TO WHO IS ALLOWED TO TOUCH THE BODIES OF THE VICTIMS?

# 10 A:

NO, I DON'T.

# 11 Q:

NOW, YOU REMAINED ON THE SCENE AFTER THE DETECTIVES ARRIVED, DID YOU NOT?

# 12 A:

YES.

# 13 Q:

FOR WHAT PURPOSE?

# 14 A:

JUST TO AVAIL MYSELF TO THEM IF THEY NEEDED ME TO DO ANYTHING FOR THEM OR DIRECT ANY OF MY POLICE OFFICERS TO DO ANYTHING.

# 15 Q:

SO IS IT YOUR DUTY TO ASSIST THE INVESTIGATING OFFICERS ONCE THEY ARRIVE?

# 16 A:

YES.

# 17 Q:

OKAY. AND YOU STAYED THERE UNTIL HOW LONG?

# 18 (NO AUDIBLE RESPONSE.)

# 19 Q:

UNTIL WHEN?

# 20 A:

I BELIEVE I LEFT RIGHT AROUND 4:10.

# 21 Q:

NOW, DID YOU JUST TAKE OFF BY YOURSELF OR WHAT -- HOW DID YOU GET TO GO?

# 22 A:

NO. I RETURNED TO THE POLICE STATION WITH SERGEANT HUSSEY. HE DROVE ME TO THE POLICE STATION.

# 23 Q:

AND WHO LET YOU GO?

# 24 A:

CAPTAIN DIAL RELEASED ME FROM THE SCENE.

# 25 Q:

SHE SAID SHE RELIEVED YOU AT THAT POINT OR WERE YOU RELIEVED BY SOMEONE?

# 26 A:

I HAD BEEN RELIEVED, AS FAR AS RESPONSIBILITY OF IN CHARGE OF THE SCENE, BY DETECTIVE PHILLIPS PRIOR TO THAT.

I WAS JUST CHECKING WITH MY COMMANDING OFFICER WHO WAS THERE AND LETTING HER KNOW THAT I WAS INTERESTED IN LEAVING TO COMPLETE SOME PAPERWORK THAT I HAD TO DO, AND SHE SAID FINE.

# 27 Q:

OH, YEAH. I BELIEVE COUNSEL WAS ASKING YOU IF YOU ASKED OFFICER RISKE WHAT HE MEANT BY "SECURED," THAT THE CRIME SCENE WAS SECURED. DO YOU REMEMBER THAT?

# 28 A:

DO I REMEMBER BEING ASKED THAT?

# 29 Q:

YES.

# 30 A:

YES.

# 31 Q:

AND YOU DID NOT ASK HIM WHAT HE MEANT BY THAT?

# 32 A:

NO.

# 33 Q:

WHY NOT?

# 34 A:

BECAUSE I KNEW WHAT HE MEANT BY THAT.

# 35 Q:

IS THAT COMMON KNOWLEDGE AMONG POLICE OFFICERS, WHAT THAT MEANS?

# 36 A:

YES, IT IS.

# 37 Q:

AND WHAT DOES IT MEAN?

# 38 A:

IT MEANS THAT THE CRIME SCENE IS SECURED AND THAT NO ONE UNAUTHORIZED IS ALLOWED TO ENTER THE SCENE AND THAT ANY EVIDENCE IS BEING PROTECTED.

KEY QUOTE

# 39 Q:

AND DOES IT MEAN ANYTHING WITH RESPECT TO WHETHER OR NOT THERE ARE INJURED VICTIMS OR SUSPECTS STILL AROUND?

# 40 A:

PLEASE REPEAT THE QUESTION.

# 41 Q:

UH-HUH. DOES IT ALSO HAVE ANY MEANING CONCERNING WHETHER OR NOT THERE ARE SUSPECTS IN THE AREA OF THE CRIME SCENE STILL OR INJURED VICTIMS NEEDING ATTENTION IN THE AREA OF THE CRIME SCENE?

# 42 A:

AS FAR AS THE CRIME SCENE BEING SECURED?

# 43 Q:

RIGHT.

# 44 A:

YES.

# 45 Q:

WHAT DOES IT MEAN WITH RESPECT TO THAT?

# 46 A:

WELL, IT MEANS THAT -- THAT THERE -- IN THIS PARTICULAR CASE THERE WERE TWO -- TWO VICTIMS OF HOMICIDE STILL WITHIN THE IMMEDIATE CRIME SCENE.

# 47 Q:

OKAY. AND WHAT DOES IT MEAN WITH RESPECT TO SUSPECTS BEING IN THE IMMEDIATE CRIME SCENE?

# 48 A:

THAT THERE MAY BE. AS FAR AS THIS PARTICULAR SITUATION WAS CONCERNED, WHEN OFFICER RISKE WAS TALKING TO ME, IF YOU RECALL, HE HADN'T HAD A CHANCE TO LOOK IN THE HOUSE YET, SO -- IS THAT WHAT YOU ARE GETTING AT?

# 49 Q:

NO. WHEN YOU APPEARED AT THE SCENE, WHEN YOU ARRIVED AT 875 SOUTH BUNDY IT WAS ABOUT 1:30?

# 50 A:

YES.

# 51 Q:

BY THAT TIME HAD OFFICER RISKE HAD GONE INTO THE HOUSE?

# 52 A:

YES.

# 53 Q:

AND AT THAT TIME DID OFFICER RISKE TELL YOU THAT THE CRIME SCENE WAS SECURED?

# 54 A:

YES.

# 55 Q:

WHAT DID THAT MEAN TO YOU WITH RESPECT TO WHETHER OR NOT THERE WAS A SUSPECT IN THAT CONDOMINIUM OR THAT WALKWAY?

# 56 A:

OKAY. AT THAT POINT THEN THAT MEANT TO ME THAT THERE WERE NO SUSPECTS.

# 57 Q:

IN THAT AREA?

# 58 A:

THAT'S CORRECT.

# 59 Q:

AND WHAT DID THAT MEAN TO YOU WITH RESPECT TO WHETHER OR NOT THERE WERE STILL INJURED PARTIES IN NEED OF ATTENTION, LIVING VICTIMS IN NEED OF ATTENTION IN THAT AREA?

# 60 A:

THAT THERE WERE NONE.

# 61 Q:

COUNSEL WAS ASKING YOU YESTERDAY ABOUT INVISIBLE SHOEPRINTS. DO YOU REMEMBER THAT?

# 62 A:

YES, I DO.

# 63 Q:

OKAY. NOW, YOU TALKED ABOUT WANTING TO PRESERVE THE EVIDENCE AT THE CRIME SCENE. DO YOU REMEMBER THAT?

# 64 A:

YES, I DO.

# 65 Q:

AND WHAT IS THE POINT OF PRESERVING THE EVIDENCE? WHEN YOU SAY "THE EVIDENCE," WHAT ARE YOU TALKING ABOUT?

# 66 A:

OBVIOUS EVIDENCE.

# 67 Q:

THINGS CONNECTED TO THE COMMISSION OF THE CRIME?

# 68 A:

YES.

# 69 Q:

THAT MIGHT HELP SOLVE THE CASE?

# 70 A:

YES.

# 71 Q:

NOW, THAT WALKWAY THAT -- WHERE YOU SAW THE BLOODY SHOEPRINTS --

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

# 73 Q:

BY MS. CLARK: DO YOU SEE IT ON YOUR MONITOR, SIR?

# 74 A:

YES.

# 75 Q:

AND DO YOU SEE WHAT YOU WERE REFERRING TO EARLIER ABOUT THE BLOODY SHOEPRINTS?

# 76 A:

YES, I DO.

# 77 Q:

NOW, THAT WALKWAY -- THOSE SHOEPRINTS GOING DOWN TOWARD THE REAR ALLEY AWAY FROM THE BODIES OF THE VICTIMS, THAT WALKWAY LEADS -- RUNS FROM THE FRONT OF THE RESIDENCE BACK TO THE DRIVEWAY AT THE REAR; IS THAT CORRECT?

# 78 A:

YES.

# 79 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS EXHIBIT NO. 45-E.

# 80 THE COURT:

45-E. THANK YOU. LET ME KNOW BEFORE YOU CHANGE EXHIBITS. THANK YOU.

# 81 MS. CLARK:

AND COULD WE HAVE 45-F.

# 82 MR. FAIRTLOUGH:

WE INTEND TO CHANGE THE PHOTOGRAPH. THIS IS 45-F.

# 83 Q:

BY MS. CLARK: AND WHAT DO YOU SEE THERE, SIR?

# 84 A:

THE SAME WALKWAY.

# 85 Q:

OKAY. AND THE SAME WALKWAY, AND DO YOU SEE MORE OF THOSE BLOODY SHOEPRINTS YOU WERE TALKING ABOUT?

# 86 A:

YES.

# 87 Q:

IF YOU COULD LOOK UP AT THE SCREEN FOR A MOMENT, SIR. CAN YOU SEE IT FROM WHERE YOU ARE?

# 88 A:

YES.

# 89 Q:

I'M CIRCLING WITH THE LASER. ARE THESE THE BLOODY SHOEPRINTS YOU ARE TALKING ABOUT?

# 90 A:

YES, THEY ARE.

# 91 Q:

AND DOWN HERE, (INDICATING)?

# 92 A:

THAT'S CORRECT.

# 93 Q:

ALL RIGHT. SO THAT WOULD BE THE WALKWAY THAT YOU USED TO GO FROM THE REAR DRIVEWAY UP TO THE FRONT DOOR?

# 94 A:

YES.

# 95 Q:

NOW, IF THERE WERE INVISIBLE SHOEPRINTS, GIVEN THE LOCATION OF THAT THAT WALKWAY, HOW SIGNIFICANT WOULD THAT BE TO YOU IN TERMS OF HOW -- WHETHER OR NOT THEY WERE CONNECTED TO THE COMMISSION OF THIS CRIME?

# 96 A:

IT WOULDN'T BE THAT SIGNIFICANT BECAUSE I WOULD IMAGINE THEY COULD HAVE BEEN ANYBODY'S. I WAS MORE KEYING IN ON WHAT I COULD SEE AND WHAT RELATED TO THE CRIME.

KEY QUOTE

# 97 Q:

SO IF THERE WERE INVISIBLE SHOEPRINTS -- YOU SAID THEY COULD BE FROM ANYONE?

# 98 A:

I WOULD IMAGINE SO.

# 99 Q:

THERE COULD BE LOTS OF PRINTS THERE THAT WERE MADE MAYBE WEEKS, MONTHS AGO?

# 100 MR. BAILEY:

I OBJECT ONCE AGAIN, YOUR HONOR.

# 101 THE COURT:

SUSTAINED. IT IS LEADING.

# 102 Q:

BY MS. CLARK: OKAY. THE FACT THAT THESE SHOEPRINTS WERE BLOODY, IS THAT WHAT MADE THEM SIGNIFICANT TO YOU?

# 103 MR. BAILEY:

OBJECTION.

# 104 THE COURT:

SUSTAINED.

# 105 Q:

BY MS. CLARK: WHAT MADE THESE BLOODY SHOEPRINTS SIGNIFICANT TO YOU? I'M SORRY, YOUR HONOR.

# 106 A:

THE FACT THAT THEY WERE BLOODY.

KEY QUOTE

# 107 Q:

AND WHY IS THAT?

# 108 A:

BECAUSE OF THE BLOOD AT THE IMMEDIATE HOMICIDE SCENE.

# 109 Q:

AND WAS THERE A LOT OF BLOOD AROUND THE BODIES OF THE VICTIMS, SIR?

# 110 A:

YES, THERE WAS.

# 111 Q:

HOW MANY -- HOW MANY SETS OF BLOODY SHOEPRINTS DID YOU SEE?

# 112 A:

I SAW ONE SET, TWO PRINTS.

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

# 114 MR. FAIRTLOUGH:

YOUR HONOR, THIS NEXT PHOTOGRAPH WILL BE EXHIBIT NO. 48-F.

# 115 Q:

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

# 116 A:

YES, I DO.

# 117 Q:

AND DO YOU SEE THE LITTLE TAG THAT IS ON THE GROUND JUST INSIDE THE GATE?

# 118 A:

YES.

# 119 Q:

AND IS THAT THE REAR GATE?

# 120 A:

YES.

# 121 Q:

AND WHAT DO YOU RECALL SEEING IN THAT LOCATION IN THE EARLY MORNING HOURS OF JUNE THE 13TH?

# 122 A:

THERE WAS A BLOOD SPOT ON THE GROUND.

# 123 MS. CLARK:

CLOSE-UP.

# 124 MR. FAIRTLOUGH:

YES, YOUR HONOR. THIS IS EXHIBIT NO. 48-G.

# 125 Q:

BY MS. CLARK: AND IS THAT THE APPEARANCE, IF YOU CAN RECALL, OF THE BLOOD DROP THAT YOU SAW JUST INSIDE THE REAR GATE?

# 126 A:

YES.

# 127 MS. CLARK:

EXCUSE ME. COUNSEL, MAY I SEE THE COPY OF THE PAGE YOU SHOWED THE WITNESS FROM THE MANUAL? THANK YOU.

# 128 Q:

SIR, YOU WERE SHOWN THIS PAGE BY COUNSEL, SECTION 238.46 OF THE LAPD MANUAL?

# 129 A:

YES.

# 130 Q:

AND IN IT -- AND YOU WERE ASKED IF THERE WAS ANYTHING IN IT THAT EXEMPTS YOU FROM HAVING TO NOTIFY THE CORONER OF A HOMICIDE INVESTIGATION?

# 131 A:

YES.

# 132 Q:

AND YOU SAID THERE WAS?

# 133 A:

YES.

# 134 Q:

AND THEN YOU READ: "IT SHALL BE THE RESPONSIBILITY OF THE INVESTIGATING OFFICERS TO NOTIFY THE CORONER OF ALL DEATHS OCCURRING."

# 135 A:

YES, MA'AM.

# 136 Q:

"INVESTIGATING OFFICER," IS THAT ONE OF THOSE TERMS THAT WE ALL -- YOU ALL UNDERSTAND WHAT THAT MEANS?

# 137 A:

YES.

# 138 Q:

AND WHAT DOES IT MEAN?

# 139 A:

IT MEANS THE RESPONDING DETECTIVES.

# 140 Q:

YOU ARE NOT A DETECTIVE, ARE YOU?

# 141 A:

NO, MA'AM.

# 142 Q:

YOU ARE A SERGEANT?

# 143 A:

I'M A SERGEANT.

# 144 Q:

AND SO IN SAYING THE INVESTIGATING OFFICERS IN THAT MANUAL, DOES THAT REFER TO YOU AT ALL?

# 145 A:

NO, IT DOES NOT.

# 146 MS. CLARK:

I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (4)

Witness (Rossi)

IT MEANS THAT THE CRIME SCENE IS SECURED AND THAT NO ONE UNAUTHORIZED IS ALLOWED TO ENTER THE SCENE AND THAT ANY EVIDENCE IS BEING PROTECTED.

Rehabilitates the meaning of 'secured' after Bailey's cross implied ambiguity; confirms no suspects or living victims were present when Rossi arrived.

Witness (Rossi)

IT WOULDN'T BE THAT SIGNIFICANT BECAUSE I WOULD IMAGINE THEY COULD HAVE BEEN ANYBODY'S. I WAS MORE KEYING IN ON WHAT I COULD SEE AND WHAT RELATED TO THE CRIME.

Neutralizes Bailey's cross on invisible shoeprints — Rossi explains why he focused on the bloody prints and not latent/invisible ones.

Witness (Rossi)

THE FACT THAT THEY WERE BLOODY.

Explains why the shoeprints were significant — their connection to the blood at the homicide scene, not merely their presence on the walkway.

Witness (Rossi)

NO, IT DOES NOT.

Directly answers that the LAPD manual's 'investigating officers' coroner-notification requirement did not apply to Rossi as a sergeant — removing a procedural liability raised on cross.

Evidence (5)

People's 45-E

Photograph of walkway at 875 South Bundy showing bloody shoeprints

displayed and discussed

People's 45-F

Second photograph of same walkway showing additional bloody shoeprints

displayed and discussed

People's 48-F

Photograph of rear gate with evidence tag marking blood spot on ground

displayed and discussed

People's 48-G

Close-up photograph of blood drop just inside the rear gate

displayed and discussed

Informal

LAPD Manual Section 238.46 — coroner notification policy for 'investigating officers'

discussed; Clark uses it to show Rossi (a sergeant, not a detective) was not the responsible party

Notable Exchanges (2)

Marcia Clark•Witness (Rossi)

Clark walks Rossi through the LAPD manual language Bailey had used on cross, establishing that 'investigating officers' means detectives — not sergeants — thereby clearing Rossi of any coroner-notification responsibility.

strategic

Marcia Clark•Witness (Rossi)

Clark elicits that Rossi saw only one set of bloody shoeprints (two prints) on the walkway, and that their significance stemmed entirely from the blood connecting them to the crime scene.

deliberate

Objections

2 objections (2 sustained, 0 overruled)

Proceeding 4812 • 146 utterances • Prosecution witness

Criminal Trial

Department 103