Sidebar: coroner notification

📄 Sidebar: coroner notification — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\SIDEBAR-CORONER-NOTIFICATION.DOC

TRIAL

▲ Day 19 of 167

◀ Cross-examination of Dave Rossi (part 1) Cross-examination of Dave Rossi (part 2) ▶

Date: Wednesday, February 15, 1995 • Utterances: 45

During cross-examination of the assistant watch commander, F. Lee Bailey pressed the witness on whether there was a legal requirement to notify the coroner. Judge Ito called a sidebar after Clark objected, then surprised the prosecution by revealing he was already aware that the LAPD had been forced to reevaluate its procedures, the Chief of Police had ordered an investigation, and the LA County Coroner's Office had formally objected to the failure to notify. Despite Clark's argument that this witness was the wrong vehicle for the inquiry, Ito overruled the objection and allowed Bailey to continue, with a 'very limited area of inquiry' instruction.

# 1 THE COURT:

THAT IS A LEGAL -- COUNSEL, LET ME SEE YOU OVER HERE AT SIDE BAR.

# 2 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 3 THE COURT:

COUNSEL, WE ARE OVER HERE AT THE SIDE BAR. MISS CLARK, THIS GUY IS THE WATCH COMMANDER, THE AWC. HE IS IN CHARGE OF THE CRIME SCENE WHEN HE IS THE SENIOR OFFICER THERE. I THINK COUNSEL IS ENTITLED TO ASK HIM ARE YOU AWARE OF A REQUIREMENT TO CALL A CORONER, BECAUSE HE HAD PHYSICAL AND LEGAL CONTROL OF THAT CAME SCENE FOR A RATHER BRIEF PERIOD OF TIME UNTIL LIEUTENANT SPANGLER SHOWS UP, SO I THINK COUNSEL IS ENTITLED TO ASK HIM ARE YOU AWARE OF ANY LEGAL REQUIREMENT TO CALL THE CORONER. HIS ANSWER TO THAT IS GOING TO BE NO AND THEN WE ARE GOING TO MOVE ON.

# 4 MS. CLARK:

YOU KNOW, IT IS NOT -- GO AHEAD, CHRIS.

# 5 MR. DARDEN:

THAT IS NOT WHAT IS --

# 6 THE COURT:

WHEN YOU MAKE AN OBJECTION THAT IT IS NOT HIS JOB, THE OBJECTION IS THAT IT IS IRRELEVANT.

# 7 MS. CLARK:

YES.

# 8 THE COURT:

NOT THAT IT IS NOT HIS JOB.

# 9 MS. CLARK:

I WAS ABOUT TO SAY THAT, I'M SORRY, YOUR HONOR.

# 10 MR. DARDEN:

I APPRECIATE THE --

# 11 MR. BAILEY:

PLEASE, ONE LAWYER.

# 12 MS. CLARK:

I ASKED MR. DARDEN TO RESPOND.

# 13 MR. BAILEY:

THIS IS YOUR WITNESS NOW.

# 14 THE COURT:

MISS CLARK, YOU STARTED WITH THE OBJECTION, SO YOU START WITH THE ARGUMENT.

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

# 16 MS. CLARK:

NO. 1 PROBLEM IS THAT IT IS IRRELEVANT WITH THIS WITNESS WHEN HE TESTIFIED ON DIRECT. IT IS ALSO BEYOND THE SCOPE, BECAUSE HE TESTIFIED ON DIRECT THAT THESE ARE NOT WITHIN HIS DUTIES OR HIS PURVIEW. HE IS JUST A WATCH COMMANDER, HE IS NOT THERE -- THE CODE REQUIRES THAT THE INVESTIGATING OFFICER NOTIFY THE CORONER, NOT THE WATCH COMMANDER. HE IS THERE TO MAKE SURE THE PERIMETER IS SECURED AND HE SO TESTIFIED ON DIRECT. I DON'T KNOW WHAT COUNSEL HAS HERE. THAT IS NOT EVEN --

# 17 MR. BAILEY:

DON'T SNATCH IT FROM UNDER THE JUDGE.

# 18 MS. CLARK:

THAT IS NOT EVEN THE CODE. IT IS SIGNED BY ONE OF THE DEFENSE ATTORNEYS AND IT DOESN'T HAVE ANYTHING PERTINENT TO THIS WITNESS' TESTIMONY.

SECONDLY, COUNSEL IS NOT MOVING ON. NOW HE IS READING THIS CODE INTO THE RECORD AND POUNDING THE WITNESS WITH IT AND ASKING HIM QUESTIONS ABOUT SOMETHING HE HAS ALREADY TEN QUESTIONS AGO SAID I DON'T KNOW ANYTHING, SO WHAT WE ARE DOING IS ALLOWING HIM TO BADGER AND HARASS HIM ON THE SUBJECT MATTER HE HAS ALREADY TESTIFIED HE HAS NO KNOWLEDGE, NO INVOLVEMENT AND HAD RESPONSIBILITY FOR.

# 19 THE COURT:

BUT MISS CLARK, ISN'T IT A FACT THAT IN FACT THE LOS ANGELES POLICE DEPARTMENT HAS HAD TO GO BACK AND REEVALUATE THEIR PROCEDURES TO ACKNOWLEDGE THE CODE SECTION, THAT THE CHIEF OF POLICE HIMSELF HAS ORDERED AN INVESTIGATION FOR THE FAILURE OF THE DETECTIVES? ISN'T IT ALSO A FACT THAT THE LOS ANGELES COUNTY CORONER'S OFFICE HAS LODGED AN OBJECTION WITH THE LOS ANGELES POLICE DEPARTMENT FOR THEIR FAILURE TO NOTIFY? AREN'T THESE ALL FACTS?

KEY QUOTE

# 20 MS. CLARK:

I DON'T KNOW THAT THEY ARE. I ASSUME IF THE COURT IS SAYING SO THAT THEY ARE, BUT THIS IS NOT THE WITNESS TO TAKE THAT UP WITH. IF COUNSEL WANTS TO POINT ALL THAT OUT, CALL THE APPROPRIATE WITNESS. THIS WITNESS IS JUST SECURING A PERIMETER, YOUR HONOR.

# 21 THE COURT:

MISS CLARK, YOU NOTICE HE DIDN'T ASK THESE QUESTIONS OF THE FIRST PATROL OFFICER BECAUSE NOBODY IS GOING TO ASSUME THE FIRST PATROL OFFICER HAS ANY AUTHORITY TO DO ANYTHING OTHER THAN SECURING THE SCENE.

# 22 MS. CLARK:

BUT THIS IS THE ASSISTANT WATCH COMMANDER. HE IS NOT THE HOMICIDE INVESTIGATOR, YOUR HONOR.

# 23 THE COURT:

I UNDERSTAND THAT.

# 24 MS. CLARK:

HE HAS NO RESPONSIBILITY IN THIS. THIS IS NOT THE APPROPRIATE WITNESS.

# 25 THE COURT:

MISS CLARK, DO YOU HAVE THE TESTIMONY THAT THE PATROL DIVISION HAS THE AUTHORITY OVER THE CRIME SCENE UNTIL THE DETECTIVES ARRIVE?

# 26 MS. CLARK:

BUT NOT OVER THE EVIDENCE AND THE BODY, YOUR HONOR. THEY HAVE CONTROL OVER THE PERIMETER. THEY HAVE CONTROL OVER WHETHER TRAFFIC GETS BLOCKED. THAT IS BASICALLY WHAT THEY HAVE.

# 27 THE COURT:

ALL RIGHT.

# 28 MS. CLARK:

THIS IS NOT THE RIGHT WITNESS. I'M NOT SAYING THAT COUNSEL CAN'T GO INTO THIS OR OBJECTING TO THAT. I'M SAYING LET'S GET THE RIGHT WITNESS, AND THE RIGHT WITNESSES ARE COMING. COUNSEL CAN CALL THEM IF THEY ARE PRESENTED.

# 29 MR. BAILEY:

HOMICIDE MANUAL, YOUR HONOR. I'M SORRY, LAPD MANUAL.

# 30 MS. CLARK:

THAT HAS GOT NOTHING TO DO WITH THIS WITNESS. COUNSEL, YOU JUST DON'T UNDERSTAND.

# 31 MR. BAILEY:

YOU SAID IT HOW MANY TIMES ALREADY.

KEY QUOTE

# 32 MS. CLARK:

MAYBE YOU WILL NOT UNDERSTAND. THIS IS NOT A HOMICIDE INVESTIGATOR. HIS RESPONSIBILITY IS NOT TO SECURE THE SCENE FOR THE PURPOSE OF NOTIFYING THE CORONER. HE SECURES THE PERIMETER.

# 33 MR. BAILEY:

HIS TESTIMONY WAS THAT HE WAS IN CHARGE.

KEY QUOTE

# 34 MS. CLARK:

HIS TESTIMONY WAS THAT HE WAS IN CHARGE OF SECURING THE PERIMETER.

# 35 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. THE OBJECTION IS OVERRULED.

# 36 MS. CLARK:

THAT IS WHAT HE WAS THERE TO DO. MAY I SEE WHAT HE IS SHOWING? THE CODE, PLEASE, YOUR HONOR?

# 37 THE COURT:

THE CODE SECTION.

# 38 MS. CLARK:

MAY I SEE BOTH OF THEM?

# 39 THE COURT:

AND THE LAPD MANUAL; HOWEVER, I'M GOING TO GIVE DIRECTION TO COUNSEL, THIS IS A VERY LIMITED AREA OF INQUIRY.

# 40 MR. BAILEY:

I UNDERSTAND.

# 41 MS. CLARK:

YOUR HONOR, MAY I SHOW THE COURT THIS?

# 42 THE COURT:

I READ IT.

# 43 MS. CLARK:

NO, THIS ONE.

# 44 THE COURT:

I READ IT.

# 45 MS. CLARK:

IT IS EXACTLY WHAT I'M SAYING.

Temperature

tense

Key Quotes (5)

Lance A. Ito

ISN'T IT A FACT THAT IN FACT THE LOS ANGELES POLICE DEPARTMENT HAS HAD TO GO BACK AND REEVALUATE THEIR PROCEDURES TO ACKNOWLEDGE THE CODE SECTION, THAT THE CHIEF OF POLICE HIMSELF HAS ORDERED AN INVESTIGATION FOR THE FAILURE OF THE DETECTIVES? ISN'T IT ALSO A FACT THAT THE LOS ANGELES COUNTY CORONER'S OFFICE HAS LODGED AN OBJECTION WITH THE LOS ANGELES POLICE DEPARTMENT FOR THEIR FAILURE TO NOTIFY?

Ito reveals he already knows the institutional fallout from the coroner notification failure — directly undermining the prosecution's position that it's a non-issue.

Marcia Clark

I'M NOT SAYING THAT COUNSEL CAN'T GO INTO THIS OR OBJECTING TO THAT. I'M SAYING LET'S GET THE RIGHT WITNESS, AND THE RIGHT WITNESSES ARE COMING.

Clark pivots from opposing the line of inquiry entirely to conceding its validity while fighting over the proper witness — a tactical retreat.

F. Lee Bailey

HIS TESTIMONY WAS THAT HE WAS IN CHARGE.

Bailey cuts through Clark's parsing of the witness's role with a direct callback to the witness's own words.

Marcia Clark

COUNSEL, YOU JUST DON'T UNDERSTAND.

A rare moment of open condescension toward Bailey that prompted an immediate dry comeback.

F. Lee Bailey

YOU SAID IT HOW MANY TIMES ALREADY.

Bailey's curt rebuke signals frustration with Clark repeating herself, with a hint of mutual contempt.

Evidence (2)

Informal

California code section regarding coroner notification requirement, apparently signed or annotated by a defense attorney

referenced and shown to court at sidebar

Informal

LAPD Homicide Manual

introduced by Bailey at sidebar to support line of questioning

Notable Exchanges (3)

Lance A. Ito•Marcia Clark

Ito interrupts Clark's objection argument to drop the fact that the LAPD, the Chief of Police, and the Coroner's Office have all already acknowledged the notification failure — essentially telling the prosecution that the underlying facts are not in dispute.

revealing

Marcia Clark•F. Lee Bailey

Clark and Bailey trade barely veiled insults — Clark says Bailey 'just doesn't understand,' Bailey fires back that she has said it multiple times already. Bailey also snaps at her for interrupting the judge ('Don't snatch it from under the judge').

heated

Marcia Clark•Christopher Darden

Clark and Darden have a brief off-record huddle at the sidebar after Ito allows Clark to start the argument, then yields back to Clark when Darden tries to speak.

strategic

Light Moments (1)

F. Lee Bailey

Bailey tells Clark 'Don't snatch it from under the judge' when she reaches for a document the judge is reviewing.

Credibility Attacks (1)

⚔ LAPD (institutional)

established procedural failure via external record

Bailey uses the coroner notification code section and LAPD manual to establish the department failed to follow its own rules, with the judge confirming the institutional acknowledgment of that failure.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4808 • 45 utterances

Criminal Trial

Department 103