📄 Direct examination of Ron Phillips (part 5) — Thursday, February 16, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\16\DIRECT-EXAMINATION-OF-RON-PHIL.DOC
TRIAL
▲ Day 20 of 167

Direct examination of Ron Phillips (part 5)

Witness: Det. Ronald Phillips
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, February 16, 1995 • Utterances: 298
Detective Ron Phillips concludes his direct examination with Marcia Clark walking him through a recorded phone call he made to the coroner's office at 6:50 a.m. on June 13, 1994. The examination reveals that Phillips deliberately bypassed LAPD procedure requiring notification of the press relations officer, instead asking the coroner to cooperate in keeping the case quiet from the media as long as possible. A second coroner call at 8:08 a.m. is also established through the transcript.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MISS CLARK, DO YOU WANT TO WITHDRAW THE QUESTION?

3 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
4 THE COURT:

WITHDRAW THE QUESTION?

5 MS. CLARK:

I WITHDRAW THE QUESTION, YOUR HONOR.

6 THE COURT:

ALL RIGHT. PROCEED.

7 MS. CLARK:

I AM GOING TO TRY TO ASK A BETTER ONE. COULD WE -- ALL RIGHT.

8 Q:

LET'S LOOK AT THAT FIRST PARAGRAPH, SIR.

9 A:

YES.

10 Q:

YOU HAVE READ IT?

11 A:

YES.

12 Q:

DO YOU RECOGNIZE THE WORDS IN THAT PARAGRAPH?

13 A:

YES.

14 Q:

IS THAT WHAT YOU SAID?

15 (NO AUDIBLE RESPONSE.)
16 Q:

"I GOT A DOUBLE HOMICIDE THAT WE WANT TO LET YOU KNOW ABOUT. IT IS GOING TO BE -- THE PRESS IS GOING TO BE CRAWLING ON US LIKE ANTS WHEN THEY FIND OUT WHAT IS GOING ON." WERE THEY YOUR WORDS?

17 A:

YES. YOU ARE GOING TO MAKE IT VERY HARD FOR ME TO GO TO THE PRESS AGAIN, AREN'T YOU?

KEY QUOTE
18 THE COURT:

KIND BY CALLING THEM ANTS.

19 MS. CLARK:

THEY HAVE BEEN CALLED WORSE. JACKALS, I THINK.

20 DET. RONALD PHILLIPS:

I WILL STAY WITH ANTS.

21 MS. CLARK:

WE WILL STAY WITH ANTS.

22 Q:

CAN YOU TELL US WHAT YOU MEANT BY THAT, SIR?

23 MR. COCHRAN:

YOUR HONOR, I THINK THE WORDS SPEAK FOR THEMSELVES. WE ALL UNDERSTAND ENGLISH.

24 THE COURT:

I DON'T THINK WE NEED TO INTERPRET THIS LINE.

25 MS. CLARK:

BUT I DO -- LET'S GO TO THE NEXT ONE.

26 THE COURT:

ALL RIGHT.

27 MS. CLARK:

ALL RIGHT.

28 Q:

DO YOU RECOGNIZE -- FIRST READ THAT PARAGRAPH TO YOURSELF, SIR?

29 A:

YES.

30 Q:

ALL RIGHT. DO YOU RECOGNIZE THOSE WORDS?

31 MR. COCHRAN:

ONE PROBLEM. THE EXHIBIT SHOULD NOT HAVE UNDERLINING ON THEM WHICH COUNSEL HAS ON THIS ONE.

32 THE COURT:

DO YOU HAVE AN UNMARKED COPY?

33 MS. CLARK:

LET ME LOOK, YOUR HONOR.

34 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
35 MS. CLARK:

I THINK I HAVE ANOTHER ONE, YOUR HONOR.

36 THE COURT:

ALL RIGHT. LET'S TAKE THAT ONE DOWN, MR. FAIRTLOUGH.

37 MS. CLARK:

THESE ARE THE ONLY ONES WE HAVE, YOUR HONOR? THIS IS A VERY FAINT LINE.

38 MR. COCHRAN:

THERE ARE LINES THROUGH IT, YOUR HONOR. FAINT DOESN'T MAKE ANY DIFFERENCE. THAT IS THE PROBLEM.

39 MS. CLARK:

THAT IS THE WAY IT CAME TO US, YOUR HONOR. THERE IS NOTHING IMPROPER BY A LINE.

40 THE COURT:

WAIT, WAIT, WAIT. YOU DON'T HAVE A CLEAN COPY OF THAT DOCUMENT?

41 MS. CLARK:

THIS IS THE WAY WE GOT THEM.

42 MR. COCHRAN:

NO, YOUR HONOR. LET ME -- THAT IS NOT TRUE. WE HAVE A CLEAN COPY.

43 THE COURT:

HOLD ON. HOLD ON.

44 MR. COCHRAN:

I WILL BE GLAD TO GIVE HER A CLEAN COPY.

45 MS. CLARK:

IT IS TRUE THAT THESE ARE THE ONLY ONES WE HAVE, YOUR HONOR.

46 THE COURT:

WAIT, WAIT, WAIT. COUNSEL, WHEN I SAY, "WAIT," WAIT MEANS STOP. ALL RIGHT. HOW MANY PAGES IS THAT?

47 MR. COCHRAN:

ALTOGETHER, YOUR HONOR -- THE ENTIRE TRANSCRIPT, YOUR HONOR, IS SEVEN WITH A MESSAGE, EIGHT PAGES ALTOGETHER.

48 THE COURT:

MISS CLARK, HOW MUCH OF THIS TRANSCRIPT ARE YOU PREPARING TO PROCEED WITH?

49 MS. CLARK:

I BELIEVE IT IS ONLY THE FIRST PAGE.

50 THE COURT:

MR. COCHRAN, DO YOU --

51 MS. CLARK:

MAY I ASK A FAVOR, YOUR HONOR?

52 THE COURT:

I WAS GOING TO ASK MY CLERK TO MAKE A CLEAN PHOTOCOPY FOR BOTH SIDES.

53 THE COURT:

SHE CAN HAVE THAT.

54 MR. COCHRAN:

SHE CAN HAVE THAT, YOUR HONOR.

55 THE COURT:

WE DON'T NEED THE COMMENTS ON EITHER SIDE.

56 MS. CLARK:

WHAT I ASK, YOUR HONOR, IS COULD WE PASS THESE OUT TO THE JURY, THIS PAGE?

57 THE COURT:

DO YOU HAVE THE TAPE TO PLAY?

58 MS. CLARK:

THE TAPE?

59 THE COURT:

DO YOU HAVE THE TAPE OF THIS CONVERSATION?

60 MS. CLARK:

I DON'T HAVE AN AUDIO TAPE, BUT IF WE COULD PASS THE PAGE OUT TO THE JURY.

61 THE COURT:

I MEAN, THIS IS WHY WE HAVE THIS SYSTEM HERE.

62 MS. CLARK:

YOU DON'T WANT --

63 THE COURT:

LET'S USE THE ELMO. IF THE JURORS TELL ME THEY CAN'T READ IT --

64 MR. FAIRTLOUGH:

1, PLEASE.

65 THE COURT:

ALL RIGHT. 1492, CAN YOU READ THAT? JUROR 1492: YES.

66 THE COURT:

THANK YOU.

67 Q:

BY MS. CLARK: ALL RIGHT. IN THIS SECOND PARAGRAPH YOU INDICATED: "THIS IS THE FIRST CALL AND WE GOT A LOT OF WORK TO DO YET, BUT WE NEED TO GET YOU GUYS ROLLING OUT HERE SO WE CAN GET THESE BODIES, WHICH ARE VISIBLE FROM THE STREET, OUT HERE AS SOON AS POSSIBLE."

68 A:

YES.

69 Q:

DO YOU RECALL SAYING THAT?

70 A:

YES.

71 Q:

NOW, FIRST OF ALL, TELL US WHAT YOU MEAN -- WHEN YOU SAY "THIS IS THE FIRST CALL," WHAT DOES THAT?

72 MR. COCHRAN:

YOUR HONOR, WE HAVE ALREADY COVERED THIS. SHE HAS BEEN OVER THIS ALREADY, WHAT THE FIRST CALL IS, AND THIS DOCUMENTS SPEAKS FOR ITSELF, YOUR HONOR.

73 THE COURT:

OVERRULED. IS THIS FIRST CALL YOU ARE TALKING ABOUT?

74 DET. RONALD PHILLIPS:

YES, SIR.

75 THE COURT:

NEXT QUESTION.

76 Q:

BY MS. CLARK: YOU INDICATE YOU HAVE GOT A LOT OF WORK TO DO YET?

77 A:

YES.

78 Q:

AND WHAT DO YOU MEAN BY THAT?

79 A:

WELL, TOM LANGE HAD JUST RETURNED TO THAT CRIME SCENE AND AS OF THAT TIME VERY, VERY LITTLE CRIME SCENE INVESTIGATION HAD BEEN DONE. HE HADN'T EVEN BEGUN TO REALLY EVALUATE THE CRIME SCENE THAT HE HAD, SO HE DID HAVE A LOT OF WORK TO DO YET.

80 Q:

WHAT YOU WERE DESCRIBING BEFORE, EARLIER IN YOUR TESTIMONY, WHEN YOU SAID YOU HAVE TO GET WORK DONE BEFORE YOU GET THE CORONER OUT?

81 MR. COCHRAN:

OBJECTION. THIS IS LEADING AND SUGGESTIVE.

82 THE COURT:

SUSTAINED.

83 Q:

BY MS. CLARK: DO YOU RECALL REFERRING TO THAT SITUATION EARLIER IN YOUR TESTIMONY?

84 A:

YES.

85 Q:

AND IS THAT WHAT YOU WERE REFERRING TO HERE?

86 A:

YES.

87 MR. COCHRAN:

LEADING AND SUGGESTIVE, YOUR HONOR.

88 THE COURT:

OVERRULED.

89 DET. RONALD PHILLIPS:

YES.

90 Q:

BY MS. CLARK: ALL RIGHT. NOW, WHEN YOU SAID, "THESE BODIES WHICH ARE VISIBLE FROM THE STREET," WERE YOU MAKING A COMMENT ABOUT THE VISIBILITY AT THAT TIME OF DAY, SIR?

91 MR. COCHRAN:

YOUR HONOR, I OBJECT TO THIS.

92 THE COURT:

SUSTAINED.

93 Q:

BY MS. CLARK: OKAY. WHAT WERE YOU TRYING TO CONVEY WITH RESPECT TO THAT?

94 MR. COCHRAN:

YOUR HONOR -- I THINK THAT IS IMPROPER, YOUR HONOR, WHAT HE IS TRYING TO CONVEY. THE WORDS SPEAK FOR THEMSELVES.

95 THE COURT:

HOLD ON. WHAT PROBLEM IS CREATED BY BODIES BEING VISIBLE TO THE STREET?

96 DET. RONALD PHILLIPS:

THEY ARE VIEWED TO THE PUBLIC, THE PUBLIC CAN SEE THEM, WE WOULD JUST AS SOON GET THEM, AS SOON AS POSSIBLE, OUT OF THE STREET.

97 THE COURT:

COMMON DECENCY?

98 DET. RONALD PHILLIPS:

COMMON DECENSY TO THE FAMILIES, TO THE VICTIM.

99 THE COURT:

NEXT QUESTION.

100 Q:

BY MS. CLARK: AND THEY WERE -- THEY WERE VISIBLE AT THAT PARTICULAR TIME, SIR?

101 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.

102 THE COURT:

OVERRULED.

103 Q:

BY MS. CLARK: TO YOU?

104 A:

YES.

105 Q:

WAS IT LIGHT OUT BY THEN?

106 A:

YES.

107 Q:

NOW, WHEN YOU SAY "WE," WHO ARE YOU REFERRING TO?

108 A:

I WAS MAKING THIS PHONE CALL FOR TOM LANGE, SO I WAS REFERRING TO "WE" AS IN TOM AND I.

109 Q:

AND YOU INDICATED "AS SOON AS POSSIBLE"?

110 A:

WELL, THAT IS WHY WE WERE MAKING THE FIRST CALL, TO GET THEM READY TO GO. WE WOULD MAKE OUR SECOND CALL WHEN WE WANTED THEM AND THEY WOULD BE READY TO DO IT AND WE COULD GET IT TAKEN CARE OF AS SOON AS POSSIBLE.

111 MS. CLARK:

NEXT PARAGRAPH.

112 Q:

ALL RIGHT. NOW, IN THIS PARAGRAPH, IF YOU CAN READ IT, YOU STATED, "WE ARE KIND -- WE KIND OF" --

113 MR. COCHRAN:

YOUR HONOR, DOES SHE HAVE TO READ THIS? WE CAN ALL READ THIS. YOUR HONOR, IT IS IMPROPER. IT IS NOT A QUESTION.

114 THE COURT:

OVERRULED, COUNSEL.

115 Q:

BY MS. CLARK: "KIND OF NOT FOLLOWING PROCEDURE BUT WE ARE KIND OF ASKING A FAVOR AND YOU KNOW KIND OF WORK A LITTLE BIT ON THIS ONE."

KEY QUOTE
116 A:

YES.

117 Q:

WHAT PROCEDURE ARE YOU REFERRING TO?

118 A:

WELL, I'M REFERRING TO A PROCEDURE OR POLICY OF THE LOS ANGELES POLICE DEPARTMENT WHERE IF I'M THE INVESTIGATING OFFICER OR THE SENIOR OFFICER AT A SCENE OF A MAJOR UNUSUAL OCCURRENCE OR A MAJOR NEWS MEDIA EVENT, IT IS MY OBLIGATION TO NOTIFY THE PRESS RELATIONS OFFICER OR THE MEDIA ABOUT THE SITUATION THAT IS GOING ON, AND I CHOSE NOT TO DO THAT.

119 Q:

AND IS THERE SOMETHING IN YOUR MANUAL ACTUALLY THAT SAYS YOU ARE REQUIRED OR THE INVESTIGATING OFFICER IS REQUIRED TO NOTIFY THE MEDIA WHEN A HIGH-PROFILE CASE OCCURS?

120 A:

IT TALKS ABOUT I BELIEVE THE SENIOR OFFICER AT THE SCENE AND AT THE TIME I WAS MAKING THE PHONE CALL I WAS THE SENIOR OFFICER AT THE SCENE FROM WEST L.A.

121 Q:

DO YOU HAVE A COPY OF THAT MANUAL? DID YOU BRING THAT WITH YOU, SIR?

122 A:

YES, I DO.

123 (BRIEF PAUSE.)
124 Q:

BY MS. CLARK: DO YOU KNOW WHERE YOU COULD LOCATE IT IN THIS MANUAL?

125 A:

YES.

126 Q:

WILL YOU PLEASE DO THAT.

127 THE COURT:

THE RECORD SHOULD REFLECT MISS CLARK IS HANDING --

128 MS. CLARK:

THANK YOU. THE RECORD SHOULD REFLECT THAT I AM HANDING HIM A BOOK THAT STATES ON THE FRONT OF IT "1994/1995, MANUAL OF THE LOS ANGELES POLICE DEPARTMENT."

129 Q:

IS THIS THE MANUAL YOU WERE REFERRING TO, SIR?

130 A:

YES.

131 Q:

GO AHEAD AND LOCATE THAT FOR US, IF YOU WOULD.

132 (WITNESS COMPLIES.)
133 THE COURT:

AND DETECTIVE PHILLIPS, WHAT SECTION ARE YOU MAKING REFERENCE TO?

134 DET. RONALD PHILLIPS:

I'M LOOKING IN VOLUME 1, 420.40.

135 THE COURT:

MR. COCHRAN, DO YOU HAVE A COPY OF THAT?

136 MR. COCHRAN:

NO. MAY I APPROACH, YOUR HONOR?

137 THE COURT:

DO YOU WANT TO HAVE THE CLERK MAKE A PHOTOCOPY OF THAT, COUNSEL?

138 MS. CLARK:

YES, YOUR HONOR.

139 THE COURT:

ALL RIGHT. DETECTIVE PHILLIPS, WHY DON'T YOU JUST HAND THAT TO ME, PLEASE.

140 (BRIEF PAUSE.)
141 MS. CLARK:

THE PART THAT IS FLAGGED, YOUR HONOR.

142 (BRIEF PAUSE.)
143 THE COURT:

MADAM COURT REPORTER, WOULD THIS BE A GOOD MOMENT TO SWITCH? REPORTER OLSON: SURE.

144 (BRIEF PAUSE.)
145 THE COURT:

MISS MOXHAM, ARE YOU READY?

146 THE COURT REPORTER:

YES, YOUR HONOR.

147 THE COURT:

COUNSEL, YOU HAVE TO GIVE A COPY TO THE PEOPLE.

148 MS. CLARK:

ALL RIGHT. YOUR HONOR, IF I MIGHT, I WOULD LIKE TO PUT THIS ON THE SCREEN.

149 THE COURT:

ON THE ELMO?

150 MS. CLARK:

ON THE ELMO.

151 THE COURT:

FINE.

152 Q:

BY MS. CLARK: ALL RIGHT. YOU INDICATED THAT IN YOUR CONVERSATION WITH THE CORONER, THERE WAS --

153 MR. COCHRAN:

YOUR HONOR, I OBJECT TO THIS. SHE'S ABOUT TO ASK AN IMPROPER QUESTION.

154 MS. CLARK:

IT'S A FOUNDATIONAL.

155 THE COURT:

OVERRULED.

156 Q:

BY MS. CLARK: THAT YOU WERE KIND OF NOT FOLLOWING THE PROCEDURE. NOW, YOU WANT TO EXPLAIN TO US THE PROCEDURE YOU WERE REFERRING TO?

157 A:

YOU WANT ME TO READ IT?

158 Q:

SURE.

159 A:

"RESPONSIBILITY FOR RELEASE OF INFORMATION. "WHEN AN EVENT BEING INVESTIGATED IS SUCH A SPECTACULAR OR UNUSUAL NATURE AS TO STIMULATE GENERAL COMMUNITY INTEREST, THE NEWS MEDIA WILL BE NOTIFIED. NORMALLY IT IS THE RESPONSIBILITY OF AN AREA OR DIVISION COMMANDING OFFICER OR THE SENIOR OFFICER AT THE SCENE TO MAKE SUCH NOTIFICATIONS. HOWEVER, WHEN THERE IS AN EVENT OF MAJOR PROPORTIONS, THE PRESS RELATIONS OFFICER WILL ASSUME RESPONSIBILITY FOR THE RELEASE OF INFORMATION."

160 Q:

OKAY. AND THAT WAS THE PROCEDURE YOU WERE REFERRING TO IN YOUR CONVERSATION WITH THE CORONER THAT MORNING?

161 MR. COCHRAN:

OBJECTION. THAT DOESN'T MAKE ANY SENSE. I OBJECT.

162 THE COURT:

OVERRULED.

163 DET. RONALD PHILLIPS:

YES.

164 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
165 THE COURT:

ALL RIGHT. DID YOU WANT TO MARK THAT PORTION AS A PEOPLE'S EXHIBIT, PEOPLE'S 70?

166 MS. CLARK:

I SHOULD. THANK YOU, YOUR HONOR. (PEO'S 70 FOR ID = REL. OF INFO. PROC.)

167 THE COURT:

ALL RIGHT.

168 Q:

BY MS. CLARK: OKAY. THEN WHAT DID YOU MEAN YOU WERE KIND OF ASKING A FAVOR AND KIND OF WORK A LITTLE BIT ON THIS ONE?

169 A:

WE WERE TRYING TO KEEP THIS FROM BECOMING A NEWS MEDIA EVENT FOR AS LONG AS POSSIBLE. SO WE WERE ASKING THE CORONER'S OFFICE TO GO ALONG WITH US AND NOT MAKE ANY NOTIFICATIONS THEMSELVES TO THE NEWS MEDIA.

KEY QUOTE
170 Q:

WAS IT THEIR RESPONSIBILITY TO MAKE NOTIFICATION TO THE NEWS MEDIA?

171 A:

I HAVE NO IDEA WHAT THEIR POLICY IS OR WHAT THEIR PROCEDURES ARE I WAS JUST ASKING FOR THEIR COOPERATION.

172 MR. COCHRAN:

OBJECTION, YOUR HONOR. HE HAS NO IDEA.

173 THE COURT:

OVERRULED. THE ANSWER WILL STAND.

174 Q:

BY MS. CLARK: I'M SORRY. I COULDN'T HEAR THE LAST PART OF THE ANSWER. YOU WERE WHAT?

175 A:

I WAS JUST ASKING THEM TO COOPERATE WITH OUR -- WITH MY REQUEST. I DID NOT KNOW WHAT THEIR PROCEDURES WERE, IF THEY HAD TO MAKE A NOTIFICATION THEMSELVES. I WAS ASKING THEM TO COOPERATE WAS WHAT I WAS ASKING THEM TO DO.

176 Q:

UNDER ORDINARY CIRCUMSTANCES, WHAT SHOULD YOU HAVE DONE AS -- IN THIS SITUATION, YOU INDICATED TO US THAT YOU CALLED THE CORONER, YOU SAID, "LOOK, I DON'T WANT TO CALL THE MEDIA, THEY'RE GOING TO BE ALL OVER US," AND SO YOU DIDN'T, YOU DIDN'T NOTIFY THE MEDIA. UNDER ORDINARY CIRCUMSTANCES, WHAT WOULD YOU HAVE DONE IF YOU WERE TO FOLLOW THE PROCEDURE THAT YOU WERE TRYING NOT TO FOLLOW HERE?

177 A:

YOU'RE TRYING TO GET ME IN TROUBLE, AREN'T YOU? WHAT I SHOULD HAVE DONE --

KEY QUOTE
178 MR. COCHRAN:

MOVE TO STRIKE THAT LAST PART.

179 THE COURT:

OVERRULED.

180 DET. RONALD PHILLIPS:

WHAT I SHOULD HAVE DONE WAS, I SHOULD HAVE MADE A NOTIFICATION TO DETECTIVE HEADQUARTERS, WHICH IS OPEN 24 HOURS A DAY, INFORM THEM OF THE EVENT THAT WE HAD, THE POSSIBLE NEWS MEDIA EVENT THIS WOULD CREATE AND THEY IN TURN WOULD HAVE CALLED PRESS RELATIONS PEOPLE AT HOME. PRESS RELATIONS PEOPLE WOULD HAVE BEEN NOTIFIED, THEY WOULD HAVE COME OUT TO THE SCENE AND THEY WOULD HAVE HANDLED THE PRESS. THAT'S WHAT I SHOULD HAVE DONE.

181 Q:

BY MS. CLARK: NOW, THE PRESS RELATIONS OFFICER, THAT WAS DEPUTY CHIEF DAVE GASCON?

182 A:

AT THAT TIME, YES.

183 Q:

HE'S DEPUTY CHIEF NOW. HE WASN'T THEN.

184 A:

HE WAS COMMANDER THEN.

185 Q:

AND WOULD IT HAVE BEEN HIS RESPONSIBILITY TO NOTIFY THE PRESS OF THE -- OF THIS CASE?

186 A:

I HAVE NO IDEA WHAT HIS RESPONSIBILITIES AS PRESS RELATIONS WOULD HAVE BEEN AND WHO HE WOULD HAVE NOTIFIED AND WHEN.

187 Q:

WHAT WAS YOUR CONCERN THEN? WHY DIDN'T YOU WANT TO CALL HIM?

188 A:

WELL, I DIDN'T WANT TO NOT CALL HIM ONLY. I JUST DID NOT WANT THE PRESS NOTIFIED. IT WAS A -- SEVERAL ITEMS THAT HAD COME INTO PLAY AT THAT TIME. AS THE WEST L.A. COORDINATOR OF THE HOMICIDE UNIT, I DON'T ACTUALLY WORK THE HOMICIDES. I'M A PERIPHERAL PERSON OUT THERE. I HAVE SERGEANTS WALKING UP TO ME AND LIEUTENANTS WALKING UP TO ME GOING, "HOW LONG ARE YOU GOING TO KEEP MY PEOPLE HERE? WE HAVE OTHER CALLS FOR SERVICE. THERE'S OTHER PEOPLE THAT NEED THE POLICE OUT HERE." THE LONGER I KEPT THAT UNIT THERE, THE LESS TIME THEY WOULD BE OUT ON DOING PATROL FUNCTIONS. THE CHANGE OF WATCH WAS COMING DOWN AT 7:00 O'CLOCK, WHICH MEANT MORNING WATCH WAS JUST GETTING RELIEVED OF DUTY AND DAY WATCH WAS COMING TO WORK. ALL THE CARS THAT WERE AT WEST L.A. OUT IN THE FIELD AT THE CRIME SCENE NEEDED TO GO BACK TO WEST LOS ANGELES TO BE GIVEN TO THE DAY WATCH UNIT SO THE DAY WATCH UNITS COULD COME TO WORK. SO I HAD A CHANGE OF WATCH GOING ON.

189 MR. COCHRAN:

YOUR HONOR, OBJECTION TO THIS NARRATIVE. I OBJECT.

190 THE COURT:

ALL RIGHT. NEXT QUESTION.

191 Q:

BY MS. CLARK: SO -- SO WHAT WAS THE PROBLEM THEN; A MANPOWER PROBLEM?

192 MR. COCHRAN:

OBJECTION. LEADING AND SUGGESTIVE, YOUR HONOR.

193 THE COURT:

SUSTAINED.

194 Q:

BY MS. CLARK: WHAT WAS THE PROBLEM THAT YOU WERE CONCERNED ABOUT?

195 A:

I WAS CONCERNED OF A RESOURCE PROBLEM AT TWO DIFFERENT CRIME SCENES IN THE SAME DIVISION WITH MANPOWER TO ADEQUATELY PROTECT BOTH CRIME SCENES AND ALSO DO WHATEVER OTHER FUNCTIONS WEST LOS ANGELES COMMUNITY NEEDED.

196 Q:

AND HOW WOULD THE PRESS PRESENCE HAVE COMPLICATED THAT?

197 A:

WE WOULD HAVE NEEDED MORE PRESS OR MORE POLICE OFFICERS TO CORNER OFF THE AREAS ONCE THE PRESS GOT THERE AS WE ALL FOUND OUT LATER ON.

198 Q:

WHAT HAPPENED LATER ON?

199 A:

WE HAD SEVERAL MEDIA PERSONNEL SHOW UP AND CRAWLING AROUND US.

200 Q:

AND WHEN WAS THAT IN TERMS OF TIME? CAN YOU RECALL?

201 A:

UH, THE PRESS STARTED SHOWING UP I BELIEVE 7:30, 8:00 O'CLOCK IS WHEN THEY STARTED SHOWING UP AND THEN ALL OF A SUDDEN, IT WAS JUST MASSIVE AFTER THAT.

202 Q:

UH-HUH. AND IT JUST CONTINUED TO BUILD AFTER ABOUT 8:00 O'CLOCK?

203 MR. COCHRAN:

LEADING AND SUGGESTIVE, YOUR HONOR.

204 THE COURT:

SUSTAINED.

205 Q:

BY MS. CLARK: AFTER 8:00 O'CLOCK -- THE FIRST PRESS YOU THOUGHT CAME ABOUT WHAT TIME?

206 A:

WELL, I WASN'T PAYING EXACTLY ATTENTION TO IT. I WOULD SAY 7:30, 8:00 O'CLOCK, MAYBE A LITTLE LATER.

207 Q:

AFTER THE FIRST PRESS ARRIVED, DID ANY MORE PRESS ARRIVE?

208 A:

YES.

209 Q:

DID THEY CONTINUE TO ARRIVE THROUGHOUT THE MORNING?

210 A:

YES.

211 Q:

AND THE AFTERNOON?

212 A:

YES.

213 Q:

WHAT TIME DID YOU LEAVE THE BUNDY SCENE?

214 A:

I LEFT THE BUNDY SCENE SEVERAL TIMES. I LEFT, WENT TO OTHER LOCATIONS AND CAME BACK.

215 Q:

AND EVERY TIME YOU CAME BACK TO BUNDY, HAD THE PRESS DECREASED?

216 A:

NO. IT HAD INCREASED.

217 Q:

AND DID IT CONTINUE TO DO SO DURING THE DAY?

218 A:

CONTINUED TO INCREASE AT BOTH LOCATIONS THROUGHOUT THE DAY.

219 Q:

SO YOU MADE YOUR FIRST NOTIFICATION AT 6:50?

220 A:

YES.

221 Q:

DID YOU SUBSEQUENTLY MAKE A SECOND CALL TO GET THE CORONER OUT TO THE SCENE?

222 A:

YES.

223 Q:

AND DO YOU KNOW WHAT TIME THAT WAS?

224 A:

I DON'T RECALL THE SECOND TIME THAT I MADE THE SECOND NOTIFICATION. IT SLIPPED MY MEMORY FOR THE MOMENT.

225 Q:

OKAY. WHO WAS IT THAT ASKED YOU TO MAKE THE SECOND NOTIFICATION?

226 A:

TOM LANGE.

227 Q:

AND DID YOU DO SO IMMEDIATELY?

228 A:

YES, I DID. MIGHT -- 8:10 RINGS A BELL WITH ME RIGHT NOW. I'M NOT SURE, BUT I THINK IT MIGHT HAVE BEEN 8:10.

229 Q:

10 MINUTES AFTER 8:00 IN THE MORNING THAT YOU CALLED?

230 A:

I'M ONLY GUESSING NOW. SO I SHOULDN'T DO THAT.

231 MS. CLARK:

MAY I HAVE A MOMENT, PLEASE?

232 (BRIEF PAUSE.)
233 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
234 MS. CLARK:

ON THE SAME TRANSCRIPT, YOUR HONOR, I WOULD LIKE TO PROCEED TO PAGE 6.

235 THE COURT:

ALL RIGHT. PAGE 6 OF PEOPLE'S 69.

236 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
237 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT'S BEING SHOWN THERE ON THE MONITOR, SIR?

238 A:

YES, I DO.

239 Q:

OKAY. DO YOU RECOGNIZE -- IS THAT THE -- FURTHER DOWN IN THE TRANSCRIPT THAT WE HAVE PREVIOUSLY BEEN TALKING ABOUT OF YOUR CONVERSATION WITH THE CORONER --

240 A:

YES.

241 Q:

-- ON THE MORNING OF JUNE THE 13TH?

242 A:

YES.

243 Q:

AND DOES IT SHOW ANOTHER CONVERSATION BETWEEN YOU AND SOMEONE FROM THE CORONER'S OFFICE?

244 A:

YES.

245 Q:

AND DOES IT SHOW A TIME FOR THAT CALL?

246 A:

YES.

247 Q:

AND WHAT WAS THAT TIME, SIR?

248 A:

EIGHT MINUTES AFTER 8:00 IN THE MORNING.

249 Q:

DOES THAT REFRESH YOUR RECOLLECTION AS TO THE TIME AT WHICH YOU ACTUALLY MADE THE CALL?

250 A:

MORE PRECISE, YES.

251 Q:

ALL RIGHT. NOW, IN THIS CALL, DIRECTING YOUR ATTENTION TO THE TRANSCRIPT, IT SHOWS THAT YOU STATED, "WE ALREADY GAVE YOU GUYS THE FIRST CALL SEVERAL HOURS AGO ON BUNDY"?

252 A:

YES.

253 Q:

WAS THE -- YOU INDICATED THAT YOUR FIRST CALL ACTUALLY WAS AT 6:50 --

254 A:

THAT'S CORRECT.

255 Q:

-- TO THE CORONER. WAS THAT AN ACCURATE TIME, SIR?

256 A:

YES.

257 Q:

WHAT DID YOU MEAN THEN WHEN YOU SAY YOU GAVE THE CALL SEVERAL HOURS AGO ON BUNDY?

258 A:

JUST A FORM OF SPEECH.

259 Q:

IS THAT WHAT IT FELT LIKE?

260 MR. COCHRAN:

YOUR HONOR, JUST A MOMENT. DOES SHE HAVE TO INTERPRET EVERY WORD, YOUR HONOR? THAT'S IMPROPER.

261 THE COURT:

OVERRULED. OVERRULED.

262 DET. RONALD PHILLIPS:

IT MAY HAVE SEEMED LIKE THAT AT THE TIME, BUT --

263 Q:

BY MS. CLARK: AND FARTHER DOWN, YOU ASKED, "OKAY. CAN YOU GIVE ME AN ETA IF YOU STARTED ROLLING NOW?"

264 A:

YES.

265 Q:

WHAT DID YOU MEAN BY THAT?

266 A:

ESTIMATED TIME OF ARRIVAL.

267 Q:

AND IF WE COULD GO FARTHER DOWN. THE PERSON YOU'RE SPEAKING TO, HEATH.

268 A:

YES.

269 Q:

DO YOU KNOW WHO THAT IS?

270 A:

YEAH. HE'S ONE OF THE PEOPLE THAT ANSWERS THE PHONE AT THE CORONER'S OFFICE.

271 Q:

OKAY. DOES HE DO ANYTHING WITH RESPECT TO DISPATCHING OR GIVING NOTIFICATION TO THE PEOPLE THAT HAVE TO GO TO THE SCENE AT THE CORONER'S OFFICE?

272 A:

THAT'S HIS FUNCTION I BELIEVE THAT MORNING.

273 Q:

SO HE GAVE YOU SOME INFORMATION IN THIS TRANSCRIPT AS IT'S SHOWN DURING YOUR CONVERSATION THAT YOU -- THE DRIVING TIME AND THE ESTIMATE?

274 A:

YES.

275 Q:

AND THEN YOU STATED, "OKAY. SO YOU'RE TALKING, TALKING A GOOD 45 MINUTES THEN."

276 A:

RIGHT.

277 Q:

RIGHT. FARTHER DOWN. NOW, WHY ARE YOU ASKING FOR AN ETA? WHAT IS THE PURPOSE OF THAT?

278 A:

TO FIND OUT AT WHAT TIME -- WHAT TIME THEY COULD DISPATCH THEIR PERSONNEL TO OUR LOCATION SO I COULD COINCIDE THAT WITH TOM LANGE'S -- WHEN HE WOULD PROBABLY BE READY FOR THEM AND PUT THE TWO TOGETHER.

279 Q:

OKAY. NOW, FARTHER ALONG IN THE TRANSCRIPT, DO YOU DISCUSS THE TIME FURTHER WITH HIM IN YOUR CONVERSATION?

280 A:

YES.

281 Q:

AND DO YOU GIVE THEM A DESCRIPTION OF WHAT THEY SHOULD EXPECT THERE?

282 A:

YES. I AM SORRY. IS THAT A QUESTION?

283 Q:

I THINK YOU JUST ANSWERED IT.

284 A:

OH, OKAY.

285 Q:

DO YOU SEE THE FURTHER INFORMATION HERE? DO YOU RECOGNIZE THIS -- THESE STATEMENTS ABOUT, "DO YOU GOT THE CORONER'S NUMBER YET"?

286 A:

YES.

287 Q:

IS THAT YOU?

288 A:

I'M ASKING DO YOU HAVE THE CORONER NUMBER YET.

289 Q:

UH-HUH. AND THEN YOU'RE GETTING THAT FROM THIS PERSON MR. HEATH?

290 A:

YES.

291 Q:

AND FOR WHAT PURPOSE ARE YOU ASKING FOR THE CORONER'S NUMBERS?

292 A:

WE ALWAYS PUT THE CORONER'S NUMBER DOWN. THAT'S HOW WE REFER TO THEM IN THE CORONER'S OFFICE FROM THAT POINT ON.

293 Q:

OKAY. AND THEN YOU SEE THE END OF YOUR CONVERSATION?

294 A:

YES.

295 MS. CLARK:

I THINK THAT'S ALL. MAY I HAVE A MOMENT, PLEASE?

296 THE COURT:

CERTAINLY.

297 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
298 MS. CLARK:

I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (5)

Ron Phillips
YOU ARE GOING TO MAKE IT VERY HARD FOR ME TO GO TO THE PRESS AGAIN, AREN'T YOU?
Phillips' self-deprecating joke after his 'ants' comment about the press; one of the few light moments in the trial and a candid aside about his media aversion
Ron Phillips
YOU'RE TRYING TO GET ME IN TROUBLE, AREN'T YOU? WHAT I SHOULD HAVE DONE WAS, I SHOULD HAVE MADE A NOTIFICATION TO DETECTIVE HEADQUARTERS...
Phillips openly admits he violated procedure by not notifying press relations — a candid concession elicited by Clark's direct questioning
Ron Phillips
WE WERE TRYING TO KEEP THIS FROM BECOMING A NEWS MEDIA EVENT FOR AS LONG AS POSSIBLE. SO WE WERE ASKING THE CORONER'S OFFICE TO GO ALONG WITH US AND NOT MAKE ANY NOTIFICATIONS THEMSELVES TO THE NEWS MEDIA.
Explains the purpose of the unusual coroner call and the ad hoc media suppression strategy
Ron Phillips
KIND OF NOT FOLLOWING PROCEDURE BUT WE ARE KIND OF ASKING A FAVOR AND YOU KNOW KIND OF WORK A LITTLE BIT ON THIS ONE.
Phillips' own words from the coroner call transcript, acknowledging he knew he was sidestepping protocol in real time
Lance A. Ito
COMMON DECENCY?
Ito himself intervenes to explain why bodies visible from the street needed to be removed — cutting through Cochran's objections with a plain-language answer

Evidence (2)

People's 69
Transcript of Phillips' recorded phone calls to the coroner's office on the morning of June 13, 1994
Read into record; displayed on ELMO for jury; specific pages (1 and 6) examined
People's 70
LAPD Manual 1994/1995, Volume 1, Section 420.40 — 'Responsibility for Release of Information' policy requiring senior officer to notify press relations on high-profile cases
Introduced and marked for identification; read aloud by witness; displayed on ELMO

Notable Exchanges (4)

Lance A. ItoRon PhillipsMarcia Clark
After Phillips' 'ants' quote about the press, Ito quips 'Kind by calling them ants,' Clark responds 'They have been called worse. Jackals, I think,' and Phillips declares 'I will stay with ants.' A rare moment of levity among all three.
light
Lance A. ItoRon Phillips
When Cochran objected to Clark asking why bodies visible from the street needed to be removed, Ito stepped in and asked the question himself, receiving the answer ('common decency to the families, to the victim') and then moving on.
procedural
Johnnie CochranMarcia ClarkLance A. Ito
Dispute over whether the coroner transcript copies shown to the jury had improper underlining/markings. Cochran objected; Clark said that's how they received the documents; Ito had his clerk make clean photocopies and used the ELMO rather than distributing paper copies.
procedural
Marcia ClarkRon Phillips
Clark asks Phillips what he should have done under proper procedure; Phillips says 'You're trying to get me in trouble, aren't you?' before providing a full, candid account of what proper notification would have looked like.
revealing

Light Moments (3)

Ron Phillips / Marcia Clark / Lance A. Ito
After his 'ants' quote from the coroner call was read aloud, Phillips joked that Clark was going to make it hard for him to talk to the press again, prompting a three-way riff on press being called 'ants' vs. 'jackals'
Ron Phillips
Phillips said 'You're trying to get me in trouble, aren't you?' when pressed to describe what procedure he should have followed — Cochran moved to strike it, Ito overruled
Johnnie Cochran
When Clark asked if he knew what the coroner's office's media notification responsibilities were, Phillips said 'I HAVE NO IDEA WHAT THEIR POLICY IS' — Cochran objected 'HE HAS NO IDEA' as if agreeing with the witness rather than objecting

Witness Demeanor

(WITNESS COMPLIES.) — locating section in LAPD manual
(NO AUDIBLE RESPONSE.) — brief hesitation when asked if the coroner transcript words were his own
Self-corrects when guessing at the time of second coroner call: 'I'M ONLY GUESSING NOW. SO I SHOULDN'T DO THAT.'

Objections

14 objections (5 sustained, 7 overruled)
Proceeding 5037 • 298 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 FEB 16, 1995 📄 Direct examination of Ron Phil
FEB 16, 1995 KRT DvH TD