Cross-examination of Ron Phillips (part 2)

📄 Cross-examination of Ron Phillips (part 2) — Thursday, February 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\16\CROSS-EXAMINATION-OF-RON-PHILL.DOC

TRIAL

▲ Day 20 of 167

◀ Jury entry and tape playback setup Motion: video evidence admissibility ▶

Witness: Det. Ronald Phillips
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, February 16, 1995 • Utterances: 321

Cochran cross-examines Detective Phillips using a recorded phone call (Exhibit 1019) Phillips made to deputy coroner Paul Willis at 6:49 AM on June 13, 1994 — roughly six hours after the bodies were discovered. The examination focuses on whether the LAPD violated its own procedures and California law by delaying coroner notification, and on Phillips's decision to voluntarily identify the case as high-profile and disclose O.J. Simpson's name and location during that call.

# 1 Q:

BY MR. COCHRAN: JUST A COUPLE QUESTIONS. GOOD MORNING AGAIN, DETECTIVE PHILLIPS. SORRY FOR THE DELAY. I'M GOING TO PLAY THE TAPE NOW AND I WANT YOU TO ASSIST US IN IDENTIFYING THE VOICES. WOULD YOU LIKE A COPY OF THE TRANSCRIPT ALSO --

# 2 A:

YES.

# 3 Q:

-- TO GO ALONG WITH IT? YOU PERHAPS NEED ONE.

# 4 MR. COCHRAN:

MAY I APPROACH, YOUR HONOR?

# 5 THE COURT:

YOU MAY.

# 6 MR. COCHRAN:

THANK YOU.

# 7 DET. RONALD PHILLIPS:

THANK YOU.

# 8 MR. COCHRAN:

SURE. NOW -- I'LL ASK MR. HARRIS, YOUR HONOR, TO PLACE THE TAPE IN NOW. I'LL ASK HIM TO STOP IT AT CERTAIN POINTS.

# 9 (FROM 11:26 TO 11:26, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 10 THE COURT:

ALL RIGHT. LET'S GO BACK -- LET'S GO BACK TO THE BEGINNING.

# 11 MR. COCHRAN:

BEFORE HE PLAYS THAT, LET ME ASK A QUESTION IF I MIGHT, YOUR HONOR.

# 12 THE COURT:

CERTAINLY.

# 13 Q:

BY MR. COCHRAN: DETECTIVE PHILLIPS, THIS PURPORTS TO BE A TELEPHONIC COMMUNICATION BETWEEN A DEPUTY CORONER BY THE NAME OF PAUL WILLIS AND YOURSELF, AND I'LL ASK YOU IF YOU RECOGNIZE THE VOICES AT SOME POINT, OKAY?

# 14 A:

I'LL RECOGNIZE MINE.

# 15 Q:

OKAY. AND YOU'LL HOPEFULLY RECOGNIZE THE OTHER VOICE. ALL RIGHT. WHY DON'T WE START THE TAPE.

# 16 (AT 11:27 TO 11:27, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 17 Q:

BY MR. COCHRAN: NOW, WHOSE VOICE WAS THAT?

# 18 A:

BEFORE IT SAID, "OKAY, WHAT"?

# 19 Q:

YES. WHERE I GOT --

# 20 A:

IT WAS MY VOICE.

# 21 Q:

THAT'S YOUR VOICE? ALL RIGHT.

# 22 A:

SOUNDS LIKE IT.

# 23 Q:

AND THAT WAS YOUR VOICE ON JUNE 13TH, 1994 AT ABOUT 6:49?

# 24 A:

YES, SIR.

# 25 Q:

IS THIS YOUR FIRST CALL?

# 26 A:

YES, SIR.

# 27 Q:

ALL RIGHT. ALL RIGHT. LET'S PROCEED.

# 28 (AT 11:28 TO 11:28, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 29 Q:

BY MR. COCHRAN: NOW, AT THAT POINT, WHEN YOU TALKED ABOUT NOT FOLLOWING PROCEDURE, ONE OF THE PROCEDURES OF THE LOS ANGELES POLICE DEPARTMENT AND PART OF YOUR MANUAL IS THAT YOU ARE TO NOTIFY THE CORONER AS SOON AS PRACTICAL, AS SOON AS POSSIBLE; ISN'T THAT CORRECT?

# 30 A:

THAT'S CORRECT.

# 31 Q:

AND IF YOU LOOK IN YOUR BOOK THERE BEFORE YOU, YOUR MANUAL, ISN'T THERE A SECTION 238.46, NOTIFICATION OF THE CORONER?

# 32 A:

YES.

# 33 Q:

AND IT SAYS ESSENTIALLY, DOESN'T IT, SIR, THAT: "IT SHALL BE THE RESPONSIBILITY OF THE INVESTIGATING OFFICERS TO NOTIFY THE CORONER OF ALL DEATHS OCCURRING," AND IT LISTS A SERIES OF TIMES; ISN'T THAT CORRECT?

# 34 A:

THAT'S CORRECT.

# 35 Q:

AND AS AN EXPERIENCED HOMICIDE INVESTIGATOR, YOU KNOW THAT IT'S IMPORTANT FOR THE CORONER TO BE NOTIFIED BECAUSE THE SOONER THE CORONER GETS THERE, THE SOONER THE CORONER CAN DO WHAT THE CORONER DOES AND TRY TO ASCERTAIN WHEN THE TIME OF DEATH WAS; ISN'T THAT CORRECT?

# 36 A:

THAT'S IMPORTANT.

# 37 Q:

ISN'T THAT IMPORTANT IN EVERY CASE, THE TIME OF DEATH?

# 38 A:

IT'S IMPORTANT. IT COULD BE.

# 39 Q:

AND IN YOUR OWN DEPARTMENT, THERE HAVE BEEN COMPLAINTS FROM THE CORONER'S OFFICE ABOUT THE LAPD NOT GIVING THEM NOTICE ON TIME; ISN'T THAT CORRECT?

# 40 A:

I'VE NEVER HEARD OF ANY OF THOSE COMPLAINTS.

# 41 Q:

YOU NEVER HEARD OF THOSE COMPLAINTS?

# 42 A:

NO, SIR.

# 43 Q:

HAVE YOU HEARD THAT YOUR OWN CHIEF WILLIE WILLIAMS HAS INSTITUTED AN INVESTIGATION INTO THE DETECTIVES NOT GIVING PROPER NOTICE AND APPROPRIATE NOTICE TO THE CORONER'S OFFICE?

# 44 MS. CLARK:

OBJECTION. VAGUE, WHAT'S PROPER AND APPROPRIATE AND HEARSAY. CALLS FOR SPECULATION.

# 45 THE COURT:

OVERRULED.

# 46 DET. RONALD PHILLIPS:

I'M NOT AWARE OF ANY INVESTIGATION BEING DONE BY CHIEF WILLIE WILLIAMS.

# 47 Q:

BY MR. COCHRAN: YOU'RE NOT AWARE OF ANY INVESTIGATION SINCE JUNE OF 1994 WHERE THE CHIEF HAS HAD AN INVESTIGATION DONE BECAUSE THE LAPD DOES NOT GIVE TIMELY NOTICE TO THE CORONER'S OFFICE?

# 48 MS. CLARK:

OBJECTION. ARGUMENTATIVE.

# 49 MR. COCHRAN:

I AM ASKING.

# 50 THE COURT:

OVERRULED.

# 51 MS. CLARK:

HE'S TESTIFYING, YOUR HONOR.

# 52 THE COURT:

OVERRULED.

# 53 DET. RONALD PHILLIPS:

I TOLD YOU THAT I DO NOT KNOW ABOUT THAT INVESTIGATION, SIR.

# 54 Q:

BY MR. COCHRAN: AND YOU DO NOT -- YOU'VE NEVER HEARD OF THE L.A. COUNTY CORONER'S OFFICE COMPLAINING ABOUT THE LAPD NOT GIVING NOTICE?

# 55 MS. CLARK:

OBJECTION. ASSUMES FACTS NOT IN EVIDENCE, ARGUMENTATIVE, ASKED AND ANSWERED.

# 56 THE COURT:

OVERRULED. OVERRULED.

# 57 DET. RONALD PHILLIPS:

I'M NOT AWARE OF ANY FRESH, NEW COMPLAINT OR INVESTIGATION GOING ON. I'M AWARE OF THE FACT THAT THAT'S WHAT BROUGHT ABOUT THE FIRST CALL AND THE SECOND CALL, IF THAT'S WHAT YOU'RE REFERRING TO.

# 58 Q:

BY MR. COCHRAN: WELL, LET'S TALK ABOUT SOMETHING OTHER THAN FRESH THEN. LET'S TALK ABOUT -- I'VE ASKED YOU GENERALLY. NOW LET'S ASK, WHAT DO YOU KNOW ABOUT THE CORONER'S OFFICE BEING CONCERNED ABOUT NOT GETTING NOTIFICATION OF THESE DEATHS?

# 59 A:

WELL, I KNOW THAT THE CORONER'S OFFICE REQUEST THAT WE MAKE A FIRST CALL TELLING THEM WHAT WE HAVE SO THEY CAN MAKE ARRANGEMENTS TO HAVE THEIR PERSONNEL READY FOR WHEN WE MAKE THE SECOND CALL TO COME OUT TO A CRIME SCENE SO IT WOULD -- THEY WOULD NOT WASTE AS MUCH TIME GETTING THEIR MANPOWER SITUATED ALONG WITH OUR MANPOWER.

# 60 Q:

AND WHEN WAS THAT? WHEN WAS THAT DISCUSSION -- WHEN DID YOU INSTITUTE THIS FIRST CALL PROCEDURE?

# 61 A:

WELL, THAT'S BEEN INSTITUTED FOR YEARS.

# 62 Q:

IS THAT IN YOUR MANUAL ANYWHERE?

# 63 A:

I KNOW IT'S IN THE SPECIAL ORDER.

# 64 Q:

IS IT IN YOUR MANUAL?

# 65 A:

SPECIAL ORDER NUMBER 21 I BELIEVE.

# 66 Q:

DO YOU HAVE THAT UP THERE?

# 67 A:

I DON'T HAVE IT HERE.

# 68 Q:

SO IT'S NOT IN THE MANUAL.

# 69 A:

I DON'T KNOW -- I DON'T KNOW IF IT'S -- IT'S PROBABLY IN THE MANUAL. IF IT'S A SPECIAL ORDER, IT'S NOW -- SPECIAL ORDERS GO IN THE MANUAL.

# 70 Q:

ALL RIGHT. WELL, OVER THE LUNCH HOUR, CAN YOU -- WOULD YOU LOOK AND SEE IF YOU CAN FIND IT FOR US? I SUSPECT WE WILL BE BACK THIS AFTERNOON.

# 71 A:

I HAVE A COPY OF IT.

# 72 Q:

OKAY. CAN YOU SEE IF YOU CAN FIND IT IN THE MANUAL FOR US OVER THE LUNCH HOUR?

# 73 A:

OKAY.

# 74 Q:

ALL RIGHT. NOW -- BUT BASICALLY, YOU ARE AWARE AND IN THE MANUAL IS 238.46, NOTIFICATION TO CORONER; ISN'T THAT CORRECT?

# 75 A:

YES.

# 76 Q:

AND IT INDICATES THAT --

# 77 MR. COCHRAN:

IN FACT, MAYBE IF YOUR HONOR WILL ALLOW -- I'M NOT SURE THAT THIS HAS BEEN MARKED. I WOULD LIKE TO SHOW THIS TO COUNSEL AND I WOULD LIKE TO MARK THIS AND PUT IT ON THE ELMO AT THIS POINT BEFORE WE GO BACK TO THE TAPE.

# 78 MS. CLARK:

YOUR HONOR, THIS IS FROM THE 1991 MANUAL. IF THE PEOPLE COULD HAVE AN OPPORTUNITY TO CHECK IT AGAINST THE '94, '95, MAKE SURE IT'S THE SAME.

# 79 THE COURT:

ALL RIGHT.

# 80 (BRIEF PAUSE.)

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

# 82 THE COURT:

PERHAPS YOU SHOULD PASS ON TO SOMETHING ELSE.

# 83 MR. COCHRAN:

COULD WE JUST HAVE A SECOND, YOUR HONOR?

# 84 (BRIEF PAUSE.)

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

# 86 MR. COCHRAN:

JUST A SECOND MORE, YOUR HONOR.

# 87 (BRIEF PAUSE.)

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

# 89 THE COURT:

LADIES AND GENTLEMEN OF THE JURY, WHILE THE LAWYERS ARE CONFERRING, IF YOU WANT TO STAND UP AND STRETCH OR STRETCH YOUR LEGS A LITTLE, FEEL FREE TO DO SO.

# 90 (BRIEF PAUSE.)

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

# 92 THE COURT:

MR. COCHRAN, WOULD YOU GIVE THOSE ITEMS TO BE PHOTOCOPIED TO MISS MIRAN, PLEASE. TOO LATE.

# 93 MR. COCHRAN:

WE'LL HAVE THE COPIES IN JUST A SECOND, YOUR HONOR.

# 94 THE COURT:

ALL RIGHT. AND MR. TYLER, WOULD YOU TELL MISS MIRAN I NEED ABOUT HALF A DOZEN OF EACH?

# 95 MR. TYLER:

HALF DOZEN?

# 96 THE COURT:

HALF DOZEN. THANK YOU.

# 97 (BRIEF PAUSE.)

# 98 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. I BELIEVE WE ARE NOW -- I BELIEVE COUNSEL NOW HAS A COPY AND I HAVE A COPY AND WE'RE NOW I BELIEVE READY TO PROCEED. I THINK WHATEVER I ASKED LAST, I MOVE TO STRIKE THAT, YOUR HONOR, AND GO FOR THIS QUESTION.

# 99 Q:

BY MR. COCHRAN: NOW, DETECTIVE PHILLIPS, YOU'VE NOW PROVIDED US WITH A 1994 VERSION OF THE NOTIFICATION TO CORONER, AND IT'S 238.46 OF THE LOS ANGELES POLICE DEPARTMENT MANUAL; IS THAT CORRECT?

# 100 A:

YES.

# 101 Q:

AND DO YOU HAVE A COPY OF THAT STILL?

# 102 A:

NO. YOU TOOK MINE.

# 103 Q:

ALL RIGHT. I'M GOING TO BRING IT BACK.

# 104 MR. COCHRAN:

I'M GOING TO ASK THE COURT TO MARK THAT AS DEFENSE NEXT IN ORDER AND PUT IT ON THE ELMO, YOUR HONOR, AND I'M GOING TO RETURN THESE TWO TO DETECTIVE PHILLIPS.

# 105 THE COURT:

ALL RIGHT. THAT'S DEFENSE --

# 106 DET. RONALD PHILLIPS:

THANK YOU, SIR.

# 107 THE COURT:

1016.

# 108 MR. COCHRAN:

1016?

# 109 THE COURT:

YES.

# 110 (DEFT'S 1016 FOR ID = 1994 VERSION 238.46)

# 111 MR. COCHRAN:

NOW, CAN YOU BRING THAT A LITTLE CLEARER, PLEASE? AND NOW IT'S 238.46. 46.

# 112 Q:

BY MR. COCHRAN: NOW, THAT SECTION INDICATES, DOES IT NOT, DETECTIVE PHILLIPS, THAT: "IT SHALL BE THE RESPONSIBILITY OF THE INVESTIGATING OFFICERS TO NOTIFY THE CORONER OF ALL DEATHS OCCURRING," AND LISTS A SERIES OF TIMES, AND UNDER THEM ARE WHEN THE DECEASED DIED UNDER CERTAIN CIRCUMSTANCES WHILE UNDER ARREST; IS THAT CORRECT?

# 113 A:

YES.

# 114 Q:

WHEN THE DECEASED HAS NOT BEEN ATTENDED BY A PHYSICIAN WITHIN 20 DAYS PRECEDING DEATH?

# 115 A:

YES.

# 116 Q:

WHEN THE DECEASED COMMITTED SUICIDE?

# 117 A:

YES.

# 118 Q:

WHEN THE ATTENDING PHYSICIAN IS UNABLE TO STATE THE CAUSE OF DEATH?

# 119 A:

YES.

# 120 Q:

WHEN THE DECEASED DIED AS A RESULT OF AN ACCIDENT?

# 121 A:

YES.

# 122 Q:

AND WHEN THERE'S ANY SUSPICION THAT THE DEATH RESULTED FROM THE USE OF NARCOTICS?

# 123 A:

YES.

# 124 Q:

AND THEN -- AND I HOPE WE COPIED THAT -- OVER AT THE NEXT PAGE AT THE TOP, GOES ON TO SAY: "UNDER SUCH CIRCUMSTANCES AS TO AFFORD A REASONABLE GROUND TO SUSPECT THAT DEATH WAS CAUSED BY THE CRIMINAL ACT OF ANOTHER." AND THIS OF COURSE WAS THE SECTION UNDER WHICH YOU WERE OPERATING; IS THAT CORRECT?

# 125 A:

YES.

# 126 Q:

AND SO THAT WAS PART OF YOUR MANUAL, PART OF YOUR RESPONSIBILITY AS AN INVESTIGATING OFFICER; IS THAT CORRECT?

# 127 A:

IT WAS NOT --

# 128 Q:

ON THAT DATE, JUNE 12TH.

# 129 A:

IT'S MY RESPONSIBILITY AS INVESTIGATING OFFICER AND HAD I BEEN THE INVESTIGATION OFFICER AT THE TIME.

# 130 Q:

RIGHT. AND -- BUT -- AND SINCE YOU HAD BEEN RELIEVED OF DUTY, IT FELL TO LANGE AND VANNATTER AND AS SUCH, AS WE'RE HEARING FROM THIS TAPE, YOU WERE CARRYING OUT THE REQUEST OF TOM LANGE TO DO THIS; IS THAT CORRECT, SIR?

# 131 A:

THAT'S RIGHT.

# 132 Q:

NOW, IN ADDITION TO THAT, RIGHT UNDER THIS PARTICULAR SECTION, IT CITES HEALTH AND SAFETY CODE SECTION 10250. AND AS AN EXPERIENCED DETECTIVE, YOU KNOW WHAT THAT SECTION IS ABOUT, DON'T YOU?

# 133 A:

YES.

# 134 MR. COCHRAN:

AND SO THAT WE'RE ALL CLEAR, YOUR HONOR, I WOULD LIKE TO MARK AS DEFENDANT'S NEXT IN ORDER -- I'M GIVING COUNSEL A COPY OF THE HEALTH AND SAFETY CODE. I WOULD LIKE TO MARK AS DEFENDANT'S NEXT TO ORDER D-1017 TO PUT ON THE ELMO THE PARTICULAR SECTION, 1017.

# 135 (DEFT'S 1017 FOR ID = H&S CODE SECTION 10250)

# 136 Q:

BY MR. COCHRAN: NOW, WHAT IS YOUR UNDERSTANDING ABOUT RESPONSIBILITY OF THE CORONER AND THIS PARTICULAR HEALTH AND SAFETY CODE SECTION 10250 IF THE CORONER IS NOT NOTIFIED PROMPTLY AND APPROPRIATELY? WHAT IS YOUR UNDERSTANDING OF THAT?

# 137 A:

WELL, IT'S BEEN A LONG TIME SINCE I READ THE HEALTH AND SAFETY CODE, BUT I UNDERSTAND IF YOU WERE TO HAVE A SITUATION WHERE YOU WOULD HAVE A DEAD BODY AND YOU MADE NO NOTIFICATION AT ALL TO THE CORONER'S OFFICE AND I IMAGINE JUST LEFT AND WALKED AWAY FROM IT, YOU WOULD BE GUILTY OF A MISDEMEANOR OR SOME TYPE OF CRIME.

# 138 Q:

ALL RIGHT. LET'S LOOK AT THIS SECTION. THIS SECTION DOES PROVIDE UNDER 10250 THAT IF YOU LOOK RIGHT AT THIS SECTION --

# 139 THE COURT:

EXCUSE ME, COUNSEL. IS THAT THE '94 VERSION?

# 140 MR. COCHRAN:

I HOPE IT IS. WE GOT IT FROM YOUR HONOR'S CLERKS I THINK.

# 141 THE COURT:

THAT'S -- NO. THERE IS A 1994 AMENDMENT TO --

# 142 MR. COCHRAN:

WELL, WE GOT THE ONE FROM THEM. SO MAY I SEE THAT?

# 143 MR. DARDEN:

CAN WE TAKE THIS ONE OFF THE SCREEN?

# 144 THE COURT:

YES.

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

# 146 THE COURT:

CAN WE HAVE ONE OF THE LAW CLERKS COPY THAT?

# 147 MS. CLARK:

TO AVOID DELAY, I DON'T MIND IF COUNSEL USES THE ONE WE GOT. THAT'S FINE.

# 148 THE COURT:

IF WE ARE GOING TO USE THE STATUTE, LET'S USE THE STATUTE, THE CORRECT ONE. YES.

# 149 (BRIEF PAUSE.)

# 150 MR. COCHRAN:

I'M GOING TO REPLACE THIS AND MARK THIS 1017, YOUR HONOR. MISS CLARK AND I HAVE BOTH SEEN IT.

# 151 (DEFT'S 1017 FOR ID = REPLACED COPY OF STATUTE)

# 152 Q:

BY MR. COCHRAN: NOW, WITH REGARD TO THIS 1994 AMENDMENT OF SECTION 10250, THE NOTIFICATION OF CORONER AND VIOLATIONS, DO YOU SEE THE PART UP THERE WHERE IT INDICATES THAT --

# 153 MR. COCHRAN:

CAN YOU MAKE THAT A LITTLE CLEARER, PLEASE, MR. HARRIS, IF POSSIBLE? RIGHT THERE.

# 154 Q:

BY MR. COCHRAN: CAN YOU SEE THAT PART WHERE IT SAYS: "ANY PERSON WHO DOES NOT NOTIFY THE CORONER AS REQUIRED BY THIS SECTION IS GUILTY OF A MISDEMEANOR"? SO IT MAKES IT A CRIME; DOES IT NOT?

# 155 A:

IF YOU WERE TO DO THAT, YES.

# 156 Q:

RIGHT. IF YOU DIDN'T GIVE NOTICE TO THE CORONER UNDER THESE CIRCUMSTANCES SPELLED OUT IN 10250; IS THAT CORRECT, SIR?

# 157 A:

IF YOU DIDN'T NOTIFY THE CORONER WHEN YOU HAD A DEAD BODY AND YOU WERE A POLICE OFFICER, I WOULD ASSUME YOU WERE VIOLATING THE LAW.

# 158 Q:

ALL RIGHT. AND WITH REGARD TO THIS WHOLE CONCEPT OF THE FIRST CALL, YOU WERE KIND ENOUGH TO GIVE US A SPECIAL ORDER NUMBER 21 DATED NOVEMBER 17TH, 1993, AND THE SUBJECT DEALS WITH NOTIFICATIONS TO THE CORONER.

# 159 A:

YES.

# 160 Q:

YOU HAVE THE ORIGINAL BACK, DO YOU?

# 161 A:

YES.

# 162 Q:

AND THIS WAS SIGNED BY OUR CHIEF OF POLICE WILLIE L. WILLIAMS; IS THAT CORRECT?

# 163 A:

THAT'S CORRECT.

# 164 Q:

AND WITH REGARD TO THIS PARTICULAR DOCUMENT --

# 165 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 166 MR. COCHRAN:

I'M GOING TO MARK THIS --

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

# 168 MR. COCHRAN:

I WOULD LIKE TO MARK THAT DEFENDANT'S --

# 169 THE COURT:

1018.

# 170 MR. COCHRAN:

1018, YOUR HONOR.

# 171 (DEF'S 1018 FOR ID = COPY OF SPEC. ORDER 21)

# 172 MR. COCHRAN:

ALL RIGHT. AND SINCE I ONLY HAVE -- YOUR STAFF WAS VERY FRUGAL, YOUR HONOR AND ONLY MADE TWO COPIES. SO I HAVE TO STAND OVER MISS CLARK'S SHOULDER IF I CAN.

# 173 MS. CLARK:

THE PEOPLE DON'T OBJECT EVEN THOUGH THERE'S UNDERLYING ON IT.

# 174 MR. COCHRAN:

WELL, IT CAME FROM HER WITNESS, SO I GUESS IT'S ALL RIGHT. MAY I PROCEED, YOUR HONOR?

# 175 THE COURT:

YES, YOU MAY.

# 176 Q:

BY MR. COCHRAN: NOW, THIS DOCUMENT, SPECIAL ORDER NUMBER 21, NOVEMBER 17TH, 1993, THE PURPOSE OF THIS DOCUMENT WAS WHAT? DO YOU RECALL THE PURPOSE?

# 177 A:

IT WAS JUST A -- PURPOSE FOR ME TO READ IT?

# 178 Q:

WELL, AS YOU UNDERSTAND THE PURPOSE, YES, SIR, OR YOU KNEW.

# 179 A:

IT HAS TO DO WITH IMMEDIATE NOTIFICATION WHENEVER IT IS DETERMINED THAT A DEATH FALLS WITHIN THE PURVIEW OF THE CORONER'S OFFICE.

# 180 Q:

ALL RIGHT. LET'S SAY WHEN YOU SAID IMMEDIATE NOTIFICATION, THAT MEANS QUICKLY, RIGHT AWAY, IMMEDIATE?

# 181 A:

AS SOON AS POSSIBLE.

# 182 Q:

UH-HUH. IS THAT WHAT IT MEANS TO YOU?

# 183 A:

IN THESE TYPES OF CIRCUMSTANCES, THAT'S WHAT IT MEANS TO ME.

# 184 Q:

ALL RIGHT. AND SO WHEN IT SAYS IMMEDIATE NOTIFICATION WHEN THE DEATH FALLS WITHIN THE PURVIEW OF THE CORONER'S OFFICE AND -- WHAT DOES THAT MEAN, SIR?

# 185 A:

WELL, WHEN IT COMES UNDER ONE OF THE SECTIONS THAT WE JUST PREVIOUSLY READ ABOUT WHETHER IT'S AN ACCIDENTAL DEATH AND NOT WITHIN 20 DAYS AND IN CUSTODY OR AS A NARCOTICS OR HANDS OF ANOTHER.

# 186 Q:

SO THESE DEATHS WOULD COME WITHIN THAT PURVIEW; WOULD THEY NOT?

# 187 A:

I WOULD THINK SO.

# 188 Q:

AND THIS WILL ALLOW THE CORONER TO BE MORE EFFECTIVELY DEPLOYED, THAT THE CORONER BE MORE EFFECTIVELY DEPLOYED RESOURCES THROUGHOUT THE CITY AND REDUCE POTENTIAL DELAYS AND RESPONSES TO DEATH SCENES; IS THAT CORRECT?

# 189 A:

BY THE CORONER'S OFFICE, YES.

# 190 Q:

AND THEN THE CHIEF GOES ON TO SAY: "THIS ORDER REVISES PROCEDURES FOR NOTIFICATIONS TO THE CORONER'S OFFICE," RIGHT?

# 191 A:

THAT'S CORRECT.

# 192 Q:

AND PURSUANT TO THIS, BASED UPON WHEN YOU RECEIVED THIS ORDER -- YOU RECEIVED THIS ORDER, DID YOU OUT, IN WEST LOS ANGELES?

# 193 A:

YES.

# 194 Q:

ALL RIGHT. AND THEN ONCE YOU RECEIVED THIS ORDER, YOU PROCEEDED TO TRY AND IMPLEMENT IT, DID YOU NOT, ON CASES YOU WERE INVESTIGATING?

# 195 A:

YES.

# 196 Q:

AND YOU WOULD HAVE TO ASSUME, WOULD YOU NOT, THAT THE DETECTIVES AT ROBBERY-HOMICIDE, WHICH IS A DOWNTOWN UNIT IN PARKER CENTER, ALSO RECEIVED THIS ORDER; IS THAT CORRECT?

# 197 A:

I WOULD HAVE NO IDEA IF THEY RECEIVED IT.

# 198 Q:

WOULDN'T YOU THINK THAT GENERAL DISTRIBUTION, AN ORDER FROM THE CHIEF OF POLICE WOULD GO TO ALL UNITS?

# 199 A:

I WOULD IMAGINE THAT THEY GOT IT DOWN THERE, BUT I DON'T KNOW FOR SURE IF THEY GOT IT.

# 200 Q:

ALL RIGHT. I UNDERSTAND. BUT IT WAS IN GENERAL CIRCULATION. YOU GOT IT OUT IN WEST LOS ANGELES?

# 201 A:

YES, I DID.

# 202 Q:

AND IT GOES ON TO SAY, DOES IT NOT, THAT: "THE INVESTIGATING OFFICER AT THE SCENE OF A DEATH WHICH REQUIRES NOTIFICATION TO THE CORONER SHALL MAKE THE NOTIFICATION IMMEDIATELY UPON DETERMINING THAT THE DEATH FALLS WITHIN THE PURVIEW OF THE CORONER'S OFFICE." IS THAT WHAT IT SAYS?

# 203 A:

YES, IT DOES.

# 204 Q:

"IF THE CORONER IS NOT IMMEDIATELY NEEDED AT THE SCENE, THE INVESTIGATING OFFICER SHALL ADVISE THE CORONER OF AN APPROXIMATE TIME WHEN THE CORONER'S DEPUTY CAN RESPOND"; IS THAT RIGHT?

# 205 A:

THAT'S CORRECT.

# 206 Q:

"AND IF NO TIME CAN BE ESTIMATED, THE INVESTIGATING OFFICER SHALL ARRANGE TO MAKE A SECOND NOTIFICATION TO THE CORONER WHEN RESPONSE IS APPROPRIATE"; IS THAT CORRECT?

# 207 A:

THAT'S CORRECT.

# 208 Q:

ALL RIGHT.

# 209 THE COURT:

MR. COCHRAN, I THINK YOU HAVE A COPY.

# 210 MR. COCHRAN:

THANK YOU VERY KINDLY. THANK YOU. THANKS, MARCIA.

# 211 Q:

BY MR. COCHRAN: NOW, BEFORE WE GET BACK TO THE TAPE, THIS PARTICULAR SECTION WE'RE JUST READING NOW, SPECIAL ORDER NUMBER 21, CHANGED THE POLICY AS IT EXISTED PRIOR TO NOVEMBER 17TH, 1993, RIGHT?

# 212 A:

YES.

# 213 Q:

AND IT TALKED ABOUT IMMEDIATE NOTIFICATION. DID YOU EVER ASK CHIEF WILLIAMS OR ANYBODY IN THE CHIEF'S OFFICE WHAT HE MEANT BY IMMEDIATE NOTIFICATION?

# 214 A:

NO, I'VE NEVER DISCUSSED IT WITH HIM.

# 215 Q:

DID YOU EVER HAVE ANY TRAINING OR SEMINARS TO WHAT THEY MEANT ABOUT IMMEDIATE NOTIFICATION?

# 216 A:

WELL, I KNOW WHAT THEY'RE REFERRING TO, BUT THIS IS A BLACK AND WHITE THING YOU ARE REFERRING TO AND I DEAL IN THE GRAY AREA OUT HERE. WHEN YOU WALK OUT TO A CRIME SCENE, YOU JUST DON'T IMMEDIATELY TURN AROUND AND MAKE A PHONE CALL TO THE CORONER'S OFFICE. YOU HAVE TO SEE WHAT YOU HAVE, YOU HAVE TO INVESTIGATE WHAT YOU HAVE, YOU HAVE TO TALK TO SOME CERTAIN PEOPLE. AND SO AS SOON AS PRACTICABLE, YOU IMMEDIATELY MAKE THAT NOTIFICATION. IT'S NOT ONE OF THE FIRST THINGS YOU DO WHEN YOU GET TO A CRIME SCENE. NEVER HAS BEEN, MR. COCHRAN.

KEY QUOTE

# 217 Q:

I UNDERSTAND. BUT I'M TALKING TO YOU NOW ABOUT THIS CHANGE IN THE CHIEF'S OFFICE NOVEMBER 17TH, 1993, WHICH I BELIEVE YOU TOLD US CAME ABOUT BECAUSE THE CORONER'S OFFICE HAD SOME KIND OF COMPLAINTS OR CONCERNS; ISN'T THAT CORRECT?

# 218 A:

WELL, AS I TOLD YOU, I WASN'T AWARE OF THE COMPLAINTS THAT WERE BEING MADE AND I WASN'T AWARE OF THE INVESTIGATION, BUT I THINK THE COMPLAINT WAS BASICALLY BECAUSE WE WOULD CALL AND THEN WE WOULD WAIT HOURS AND HOURS AND HOURS FOR A CORONER'S OFFICE TO SHOW UP. SO THIS WAS IMPLEMENTED SO IT WOULD CUT DOWN ON OUR DELAY TIME IN WAITING FOR A CORONER AND THEIR TIME WHEN THEY WERE GOING TO ARRIVE. SO WE WOULD BOTH WORK TOGETHER TO WHERE WE COULD GET THE CORONER'S OFFICE OUT THERE AT THE TIME WHEN WE WERE READY FOR THEM.

# 219 Q:

WOULD YOU AGREE WITH ME THAT WAITING FROM 12:15 TO 6:50 IN THE MORNING -- YOU THINK THAT'S IMMEDIATE FOR THE FIRST CALL?

KEY QUOTE

# 220 A:

WELL, NO, BUT THE CIRCUMSTANCES OUT THERE DICTATED THAT. AND AS IT SAYS, AS YOU READ FARTHER ON IN THIS SPECIAL ORDER, WHY WE WAITED FURTHER.

# 221 Q:

I SEE. BUT YOU SAID THE CIRCUMSTANCES DICTATED. BUT IF IT IMPINGES UPON THE ABILITY OF THE CORONER TO DO THEIR JOB AND SOMEBODY'S FREEDOM MIGHT ALSO BE DETERMINED BY THE --

# 222 MS. CLARK:

OBJECTION, YOUR HONOR.

# 223 MR. COCHRAN:

I'M TRYING TO FINISH THE QUESTION.

# 224 MS. CLARK:

THIS IS NOT --

# 225 THE COURT:

IT'S ARGUMENTATIVE.

# 226 MR. COCHRAN:

WELL, LET ME SEE IF I CAN RESTATE IT IN A LESS ARGUMENTATIVE FASHION, YOUR HONOR.

# 227 THE COURT:

ALL RIGHT. THANK YOU.

# 228 Q:

BY MR. COCHRAN: IF THE CORONER IS NOT BEING NOTIFIED, AFFECTED THE CORONER IN DETERMINING CAUSE OF THE TIME OF DEATH IN A PARTICULAR CASE, DO YOU THINK THAT'S A PRETTY IMPORTANT CIRCUMSTANCE?

# 229 A:

IF THAT OCCURRED.

# 230 Q:

AND DID YOU THINK THAT MIGHT BE CERTAINLY MORE IMPORTANT THAN NOTIFYING THE PRESS RELATIONS OFFICER DOWNTOWN ABOUT THE PRESS BEING -- CRAWLING ON THE SCENE LIKE ANTS, YOU COMPARED THE TWO, DO YOU THINK THAT WOULD BE MORE IMPORTANT?

# 231 A:

WELL, THE CORONER'S OFFICE WAS NOTIFIED, MR. COCHRAN.

# 232 Q:

NO. I'M ASKING, IF YOU COMPARED THE PRESS RELATIONS OFFICERS, IN YOUR CONCERNS WITH THAT, WITH THE NOTIFICATION OF THE CORONER WHO COULD THEN COME OUT AND START A PROCESS BY WHICH HE COULD PERHAPS WITH GREATER SPECIFICITY DETERMINE THE CAUSE OF DEATH, WOULDN'T YOU THINK THAT'S MORE IMPORTANT?

# 233 A:

WELL, IT WOULD BE MORE IMPORTANT TO HAVE THE CORONER OUT THERE, SURE, THAN IT WOULD BE TO NOTIFY THE CORONER'S OFFICE -- THE PRESS RELATIONS OFFICER, BUT YOU GET THEM BOTH AT THE SAME TIME.

# 234 Q:

ALL RIGHT. YOU'VE ANSWERED THE QUESTION. THANK YOU.

# 235 MR. COCHRAN:

NOW, YOUR HONOR, IF WE MIGHT, MAY WE PROCEED WITH THE TAPE NOW?

# 236 THE COURT:

YES.

# 237 (AT 11:51 TO 11:51 DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 238 Q:

BY MR. COCHRAN: NOW, AT THAT POINT, WHEN HE ASKED, "IF WE HAVE NAMES ON THOSE PEOPLE," YOU SAID, "NO, I DON'T," RIGHT?

# 239 A:

THAT'S CORRECT.

# 240 Q:

AND YOU DIDN'T -- AT THAT TIME, YOU DIDN'T HAVE TO TELL HIM ANYTHING ABOUT SIMPSON OR ANY OTHER NATURE; ISN'T THAT CORRECT? THIS IS YOUR FIRST CALL, RIGHT?

# 241 A:

I DIDN'T HAVE THE NAMES OF THE PEOPLE.

# 242 Q:

BUT I AM SAYING, YOU DIDN'T HAVE TO TELL HIM ANYTHING ABOUT IT EVEN BEING HIGH PROFILE AT THIS POINT. THIS WAS YOUR FIRST NOTIFICATION; WAS IT NOT?

# 243 A:

THAT'S CORRECT.

# 244 Q:

AND SO YOU DIDN'T HAVE ANY ACTUAL NAMES, RIGHT?

# 245 A:

DIDN'T HAVE BOTH NAMES.

# 246 Q:

OKAY. YOU SUSPECTED ONE NAME, BUT YOU SAID, "DO WE HAVE" -- WHEN WILLIS ASKED YOU, "DO WE HAVE NAMES OF THESE PEOPLE," YOU SAID, "NO, I DON'T," RIGHT?

# 247 A:

THAT'S CORRECT.

# 248 MR. COCHRAN:

OKAY. LET'S CONTINUE ON.

# 249 (AT 11:52 TO 11:53, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 250 Q:

BY MR. COCHRAN: ALL RIGHT. SO YOU THEN KIND OF VOLUNTEERED THAT IT WAS THE EX-WIFE OF A PROMINENT SPORTSCASTER OR WHATEVER, WAS A HIGH PROFILE; IS THAT RIGHT?

# 251 A:

YES, I DID.

# 252 Q:

AND HE HAD NO WAY OF KNOWING THAT AT THIS POINT. YOU WERE JUST TRYING TO GET A NUMBER TO GET THEM ALERTED, WEREN'T YOU? ISN'T THAT CORRECT?

# 253 A:

WELL, HE ASKED ME A QUESTION AND I GAVE HIM AN ANSWER.

# 254 Q:

WELL, WAIT A MINUTE. YOU ARE A POLICE OFFICER AND PEOPLE ASK YOU QUESTIONS ALL THE TIME AND YOU DON'T WANT TO ANSWER; ISN'T THAT RIGHT?

# 255 A:

SOMETIMES, SOMETIMES NOT.

# 256 Q:

ALL RIGHT. SO IN THIS INSTANCE, IF YOU WERE CONCERNED ABOUT KEEPING THIS MATTER QUIET AND NOT GETTING ANY GREAT PUBLICITY, THERE WAS NO OBLIGATION ON YOU TO SAY TO MR. WILLIS THAT, "IT'S GOING TO BE A HIGH PROFILE TYPE DEAL, IT'S THE EX-WIFE OF A VERY PROMINENT SPORTSCAST STAR OR SPORT CELEBRITY." YOU DIDN'T HAVE TO TELL THEM THAT, DID YOU?

# 257 A:

I DIDN'T HAVE TO, NO.

# 258 Q:

BUT YOU DID, DIDN'T YOU?

# 259 A:

I DID.

# 260 Q:

ALL RIGHT. NOW, HE THEN GOES ON AND ASKS YOU, "CAN YOU GIVE ME THE NAME"; IS THAT CORRECT?

# 261 MR. COCHRAN:

PICK IT UP THERE.

# 262 (AT 11:54 TO 11:54, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 263 Q:

BY MR. COCHRAN: SO NOW, YOU TOLD HIM YOU HAD TO TRUST HIM ON THIS. DID YOU KNOW THIS MAN BEFORE THIS, DETECTIVE PHILLIPS?

# 264 A:

OH, I'VE TALKED TO HIM BEFORE.

# 265 Q:

ALL RIGHT. BUT HAD YOU EVER MET HIM PERSONALLY?

# 266 A:

I MAY HAVE.

# 267 Q:

WELL --

# 268 A:

WELL, I DON'T KNOW. I MEAN I MET A LOT OF GUYS DOWN AT THE CORONER'S OFFICE. I MAY HAVE MET THE MEAN, I MAY NEVER HAVE MET THE MAN. I RECOGNIZED THE NAME FROM CALLING IN SEVERAL TIMES.

# 269 Q:

OH, I UNDERSTAND. BUT YOU CAN'T -- AS YOU SIT HERE NOW, CAN YOU PLACE THE FACE WITH THE PERSON?

# 270 A:

I BELIEVE SO.

# 271 Q:

ALL RIGHT. WELL, WOULD YOU -- WERE YOU SUCH GOOD FRIENDS THAT YOU COULD TRUST HIM ON THIS?

# 272 A:

WELL, HE'S A CORONER'S OFFICE EXAMINER I AM CALLING TO AND TALKING TO. SO I DID TRUST HIM.

# 273 Q:

ALL RIGHT. BUT IF YOU WANTED TO KEEP THIS LOW PROFILE AND KIND OF A SECRET AT THIS POINT, WHY WOULD YOU SHARE THIS WITH HIM? IT WASN'T NECESSARY AT THIS POINT, WAS IT?

# 274 A:

IT WASN'T NECESSARY, BUT I DIDN'T THINK IT WAS UNNECESSARY EITHER. SO I JUST DID.

KEY QUOTE

# 275 Q:

SO YOU DID AT ANY RATE. ALL RIGHT.

# 276 A:

THAT'S RIGHT.

# 277 MR. COCHRAN:

ALL RIGHT. LET'S GO ON, MR. HARRIS.

# 278 (AT 11:55 TO 11:55, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 279 Q:

BY MR. COCHRAN: NOW, AGAIN, YOU HAD -- BY THE TIME YOU MADE THIS CALL AT 6:50, YOU FELT THAT YOU SHOULD TELL THIS PERSON ON THE OTHER END OF THE PHONE THAT O.J. SIMPSON WAS IN CHICAGO?

# 280 A:

EVIDENTLY I DID. I DID.

# 281 Q:

WELL, I MEAN YOU HEARD --

# 282 A:

I SAID EVIDENTLY I DID. SO I MUST HAVE TOLD HIM.

# 283 Q:

ALL RIGHT. LET'S CONTINUE ON.

# 284 (AT 11:55 TO 11:56, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 285 MR. COCHRAN:

STOP THERE.

# 286 Q:

BY MR. COCHRAN: NOW, HE WAS ASKING AT THIS POINT WHETHER OR NOT THE CORONER'S OFFICER COULD COME OUT RIGHT THEN; ISN'T THAT CORRECT?

# 287 A:

THAT'S CORRECT.

# 288 Q:

AND YOU HADN'T MADE A CALL BEFORE THIS, HAD YOU?

# 289 A:

NO.

# 290 Q:

SO WITH REGARD TO THIS FIRST CALL POLICY, ON SOME TIMES, THE CORONER COULD COME IMMEDIATELY AT THE TIME OF THE FIRST CALL; IS THAT RIGHT?

# 291 A:

YES.

# 292 Q:

OKAY. NOW, AT THIS POINT, SINCE YOU WERE JUST DOING A FAVOR FOR DETECTIVE LANGE -- IS THAT CORRECT? YOU HAD TO TALK TO TOM LANGE ABOUT WHAT COMES NEXT; ISN'T THAT CORRECT?

# 293 A:

TOM LANGE WAS REQUESTING I MAKE THIS PHONE CALL FOR HIM.

# 294 Q:

OKAY. LET'S PROCEED ON THEN.

# 295 (AT 11:57 TO 11:57, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 296 Q:

BY MR. COCHRAN: NOW, WOULD YOU AGREE WITH ME, THE BEST WAY OF NOT GETTING SOMETHING OUT IS NOT TO TELL SOMEBODY?

# 297 A:

IN HINDSIGHT, YES.

# 298 Q:

ALL RIGHT. I JUST WANTED TO SEE IF WE AGREE ON THAT.

# 299 MR. COCHRAN:

OKAY. CONTINUE ON.

# 300 (AT 11:58 TO 11:58, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 301 Q:

BY MR. COCHRAN: ALL RIGHT. NOW, AFTER THAT THAT CALL WAS AT 6:49 IN THE MORNING, AND THAT WAS THE SO-CALLED FIRST CALL, AFTER THAT, YOU STILL REMAINED AT THE SCENE; IS THAT CORRECT?

# 302 A:

I JUST STOOD AROUND, YES.

# 303 Q:

ALL RIGHT. OKAY. AND YOU HAD OCCASION TO MAKE ANOTHER CALL WHICH WE NOW WAS ABOUT 8:08; IS THAT CORRECT?

# 304 A:

THAT'S CORRECT.

# 305 Q:

ALL RIGHT. AND YOU HAVE THE TRANSCRIPT BEFORE YOU.

# 306 MR. COCHRAN:

I WILL ASK MR. HARRIS BEFORE WE BREAK FOR LUNCH, YOUR HONOR, TO PLAY -- THIS IS THE SECOND PART OF THE TAPE, THE SECOND TAPE.

# 307 (AT 11:58 TO 12:02, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 308 Q:

BY MR. COCHRAN: WHO WERE YOU TALKING TO? TOM LANGE?

# 309 A:

TOM LANGE.

# 310 MR. COCHRAN:

ALL RIGHT. THANK YOU.

# 311 (AT 12:02 TO 12:02, DEFENDANT'S EXHIBIT 1019, AN AUDIOTAPE, WAS PLAYED.)

# 312 Q:

BY MS. CLARK: NOW, JUST TO -- IN THIS PORTION, SIR, THAT CALL STARTED 8:08 AND APPARENTLY LASTED MAYBE 10 MINUTES OR SO. WERE YOU STILL AT THE SCENE BY 10:00 O'CLOCK?

# 313 A:

I'M SORRY. WAS I --

# 314 Q:

WERE YOU STILL AT BUNDY THERE UNTIL 10:00 O'CLOCK THAT MORNING, A.M.?

# 315 A:

I BELIEVE SO.

# 316 Q:

CAN YOU TELL US WHAT TIME THE CORONER FINALLY ARRIVED THAT MORNING?

# 317 A:

NO. I WOULD HAVE TO LOOK AT THE CRIME SCENE LOG TO KNOW THAT, SIR.

# 318 Q:

AND WOULD THE CRIME SCENE LOG HELP YOU IN DETERMINING THAT?

# 319 A:

YES.

# 320 MR. COCHRAN:

WELL, WE'LL FIND THAT OUT RIGHT AFTER LUNCH. THANK YOU, YOUR HONOR. PERHAPS THAT WOULD BE AN APPROPRIATE PLACE.

# 321 THE COURT:

LADIES AND GENTLEMEN, WE'RE GOING TO TAKE OUR RECESS FOR THE NOON HOUR. PLEASE REMEMBER MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS, DON'T ALLOW ANYBODY TO COMMUNICATE WITH YOU REGARDING THE CASE, DON'T CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED AT THE CONCLUSION OF THE CASE. AND WE WILL RECONVENE AT 1:30. DETECTIVE PHILLIPS, YOU ARE EXCUSED UNTIL 1:30. WE'LL STAND IN RECESS. THANK YOU, COUNSEL.

Temperature

tense

Key Quotes (4)

Ronald Phillips

I KNOW WHAT THEY'RE REFERRING TO, BUT THIS IS A BLACK AND WHITE THING YOU ARE REFERRING TO AND I DEAL IN THE GRAY AREA OUT HERE. WHEN YOU WALK OUT TO A CRIME SCENE, YOU JUST DON'T IMMEDIATELY TURN AROUND AND MAKE A PHONE CALL TO THE CORONER'S OFFICE.

Phillips tries to defend the delay by invoking practical necessity, but the admission undercuts the plain language of Special Order 21 requiring 'immediate' notification.

Johnnie Cochran

WOULD YOU AGREE WITH ME THAT WAITING FROM 12:15 TO 6:50 IN THE MORNING -- YOU THINK THAT'S IMMEDIATE FOR THE FIRST CALL?

Crystallizes the core procedural violation Cochran is building toward — a 6+ hour gap between discovery and first coroner notification.

Ronald Phillips

IT WASN'T NECESSARY, BUT I DIDN'T THINK IT WAS UNNECESSARY EITHER. SO I JUST DID.

Phillips admits he voluntarily disclosed the high-profile nature of the case to Willis when he had no obligation to do so, raising questions about information control.

Johnnie Cochran

NOW, THE BEST WAY OF NOT GETTING SOMETHING OUT IS NOT TO TELL SOMEBODY?

Pointed rhetorical jab about Phillips sharing case details with the coroner's office; Phillips concedes: 'In hindsight, yes.'

Evidence (4)

Defendant's 1019

Audiotape of Detective Phillips's phone call to deputy coroner Paul Willis on June 13, 1994 at approximately 6:49 AM (first call) and a second call at approximately 8:08 AM

Played in segments throughout the examination; Phillips identifies his own voice and confirms disclosures made during the call

Defense 1016

1994 version of LAPD Manual Section 238.46 — Notification of Coroner, requiring investigating officers to notify the coroner of deaths under enumerated circumstances including suspected criminal homicide

Introduced and displayed on ELMO; read into the record by Cochran with Phillips confirming each provision

Defense 1017

California Health and Safety Code Section 10250, 1994 amendment, making failure to notify the coroner a misdemeanor

Introduced (with brief dispute over version year, resolved); read on ELMO; Phillips concedes violation would constitute a crime

Defense 1018

LAPD Special Order No. 21 (November 17, 1993), signed by Chief Willie Williams, requiring 'immediate' notification to the coroner upon determining a death falls within the coroner's purview

Introduced; key provisions read aloud; Phillips confirms he received and implemented this order at West Los Angeles Division

Notable Exchanges (3)

Johnnie Cochran•Ronald Phillips

Cochran walks Phillips through Special Order 21's requirement for 'immediate' notification, then confronts him with the 6+ hour gap between the 12:15 AM discovery and the 6:49 AM first call. Phillips retreats to 'circumstances dictated' without specifying what those circumstances were.

strategic

Johnnie Cochran•Ronald Phillips

Cochran presses Phillips on why he volunteered to coroner's deputy Willis that the case involved the ex-wife of a prominent sports celebrity and that O.J. Simpson was in Chicago — information Phillips concedes he had no obligation to share.

revealing

Marcia Clark•Lance A. Ito

Clark objects repeatedly as Cochran pushes on LAPD's coroner notification failures — three of four objections overruled, with Ito also cutting off one of Cochran's questions himself as argumentative.

procedural

Light Moments (3)

Lance A. Ito

After multiple off-the-record conferences about manual copies, Judge Ito invites the jury to stand and stretch while the lawyers confer.

Ronald Phillips

When Cochran asks Phillips if he still has the coroner notification manual page, Phillips deadpans: 'No. You took mine.'

Johnnie Cochran

Cochran thanks Clark's staff for copies with exaggerated warmth — 'THANK YOU VERY KINDLY. THANK YOU. THANKS, MARCIA.' — after borrowing material from the prosecution.

Credibility Attacks (2)

⚔ Ronald Phillips

prior inconsistent conduct / procedural violation

Cochran uses Phillips's own department manual, a Chief's special order, and state law to establish that the ~6.5-hour delay in notifying the coroner violated LAPD policy and potentially California law, undermining Phillips's characterization of the investigation as properly conducted.

⚔ Ronald Phillips

admission against interest

Cochran extracts acknowledgment that Phillips voluntarily disclosed the high-profile nature of the case and O.J. Simpson's whereabouts to the coroner's office when he had no obligation to do so, raising implicit questions about who else received early case information and how.

Objections

4 objections (1 sustained, 3 overruled)

Proceeding 5050 • 321 utterances • Prosecution witness

Criminal Trial

Department 103