📄 Direct examination of Det. Tom Lange (part 1) — Tuesday, February 21, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\21\DIRECT-EXAMINATION-OF-DET-TOM-.DOC
TRIAL
▲ Day 22 of 167

Direct examination of Det. Tom Lange (part 1)

Witness: Det. Tom Lange
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 21, 1995 • Utterances: 512
Marcia Clark continues her direct examination of Detective Lange, walking him through the initial observations at Nicole Brown Simpson's Bundy condo (no ransacking, no signs of struggle in the interior) and then the decision to drive to OJ Simpson's Rockingham estate for a death notification. The testimony builds methodically toward the key moment: Detective Fuhrman's observation of what appeared to be blood on the door handle of the white Ford Bronco parked outside Rockingham, which Lange cites as a core factor in the exigent-circumstances justification for entering the property without a warrant.
1 THE COURT:

ALL RIGHT. GOOD MORNING, DETECTIVE LANGE.

2 DET. TOM LANGE:

GOOD MORNING, YOUR HONOR.

3 THE COURT:

YOU ARE REMINDED THAT YOU ARE STILL UNDER OATH, SIR. MISS CLARK, YOU MAY CONTINUE WITH YOUR DIRECT EXAMINATION.

4 MS. CLARK:

THANK YOU, YOUR HONOR. DIRECT EXAMINATION (RESUMED)

5

BY MS. CLARK:

6 Q:

I BELIEVE WHEN WE LEFT OFF, DETECTIVE LANGE, YOU HAD INDICATED THAT THERE WAS A REASON WHY YOU DID THE WALK THROUGH WITH DETECTIVE PHILLIPS WHEN YOU WENT TO THE CRIME SCENE AT 875 SOUTH BUNDY?

7 A:

YES.

8 Q:

AND THE REASON THAT YOU INDICATED WAS?

9 A:

SO THAT DETECTIVE PHILLIPS COULD POINT OUT TO ME THE -- THE EVIDENCE AT THE CRIME SCENE AND CAUTION ME AGAINST DISTURBING ANY OF THAT EVIDENCE.

10 Q:

NOW, PRIOR TO THAT NIGHT, SIR, HAD YOU MET DETECTIVE RON PHILLIPS OR DETECTIVE MARK FUHRMAN EVER BEFORE?

11 MR. COCHRAN:

BEEN ASKED AND ANSWERED, YOUR HONOR, ON DIRECT EXAMINATION LAST WEEK.

12 THE COURT:

OVERRULED.

13 DET. TOM LANGE:

NO, I HAVE NEVER MET EITHER MAN.

14 THE COURT:

ALL RIGHT. DETECTIVE LANGE, WOULD YOU SORT OF PULL THAT MICROPHONE UP A LITTLE BIT CLOSER TO YOU THERE. PULL IT IN, TOO.

15 (WITNESS COMPLIES.)
16 THE COURT:

THERE YOU GO. THANK YOU.

17 DET. TOM LANGE:

YES. MISS CLARK.

18 MS. CLARK:

THANK YOU.

19 Q:

ALL RIGHT. I THINK YOU INDICATED THAT AT THE REAR OF THE LOCATION, BACK BY THE ALLEY, DID YOU NOTICE A CAR THERE PARKED IN THE DRIVEWAY?

20 A:

YES.

21 Q:

AND WHAT KIND OF CAR WAS THAT?

22 A:

IT WAS A JEEP, GRAND CHEROKEE JEEP.

23 Q:

WHAT COLOR WAS IT?

24 A:

IT WAS BLACK IN COLOR.

25 Q:

NOTICE ANYTHING UNUSUAL ABOUT THAT JEEP?

26 A:

I NOTICED THAT THE RIGHT FRONT PASSENGER DOOR WAS CRACKED, AS IN OPENED; NOT DAMAGED AT ALL.

27 Q:

UH-HUH. NOW, AT SOME POINT DID YOU GO INSIDE THE HOUSE?

28 A:

YES.

29 Q:

AGAIN. YOU ALREADY INDICATED I THINK TO US THAT YOU WENT IN ONCE BRIEFLY.

30 A:

YES. INITIALLY WHEN WE ARRIVED AT THE REAR WE DID A WALK THROUGH TO THE OUTSIDE, THEN WEST DOWN THE WALKWAY AND THEN RE-ENTERED THE HOUSE THROUGH THE GARAGE.

31 Q:

AND WHEN YOU RE-ENTER THE HOUSE THROUGH THE GARAGE, WHERE DID YOU GO?

32 A:

WE WENT TO THE SECOND LEVEL.

33 Q:

AND ON THE SECOND LEVEL WHAT DID YOU FIND?

34 A:

I OBSERVED WHAT APPEARED TO BE THE MASTER BEDROOM TOWARD THE FRONT -- FRONT OF THE HOUSE ON THE SECOND LEVEL AND I ENTERED THE BEDROOM AND MADE SOME OBSERVATIONS IN THERE.

35 Q:

WHAT DID YOU SEE?

36 A:

I OBSERVED THAT THE TELEVISION WAS ON, THE BED APPEARED TO BE MADE AND RUMPLED, THERE WERE TWO OR THREE CANDLES, I BELIEVE, LIT IN THE BEDROOM. THERE WERE LIGHTS ON UPSTAIRS. I WALKED INTO THE BATHROOM AND I OBSERVED TWO OR THREE OTHER CANDLES TO BE LIT AROUND THE TUB.

37 Q:

WOULD YOU SAY THERE WERE LIGHTS ON IN THE MASTER BEDROOM?

38 A:

YES.

39 Q:

AND DID YOU SEE LIGHTS ON IN THE BATHROOM?

40 A:

YES.

41 Q:

IN THE MASTER BEDROOM, SIR, DID YOU SEE ANY EVIDENCE OF RANSACKING?

42 A:

NO.

43 Q:

DID YOU SEE DRAWERS PULLED OUT?

44 A:

NO.

45 Q:

DID YOU SEE ANY JEWELRY SPILLED ON THE FLOOR?

46 A:

NO.

47 Q:

DID YOU SEE ANY SHELVES REMOVED?

48 A:

NO.

49 Q:

ANY CLOTHING IN THE CLOSET SEEMED TO BE DISTURBED OR THROWN ABOUT?

50 A:

NO.

51 Q:

ANY SIGNS OF A STRUGGLE, LIKE DENTS IN THE WALL?

52 A:

NO.

53 Q:

BLOOD ON THE FLOOR?

54 A:

NO.

55 Q:

BLOOD ON THE WALLS?

56 A:

NO.

57 Q:

BLOODY SHOEPRINTS ON THE GROUND, ON THE CARPET?

58 A:

NO.

59 Q:

AND WHAT ABOUT IN THE MASTER BATHROOM? DID YOU NOTICE ANY EVIDENCE OF A STRUGGLE IN THERE, ANY EVIDENCE OF BLOOD?

60 A:

I NOTICED ON STAINING, REDDISH STAINING ON THE THROW RUG IN THE BATHROOM. ASIDE FROM THAT, NO.

61 Q:

DID YOU LATER REQUEST THAT THAT STAINING BE TESTED FOR THE PRESENCE OR ABSENCE OF BLOOD?

62 A:

YES.

63 Q:

AND THE RESULT WAS NEGATIVE?

64 A:

THAT'S CORRECT.

65 Q:

DID YOU NOTICE ANY -- ANYTHING DISTURBED IN THE BATHROOM IN THE WAY OF DRAWERS PULLED OUT?

66 A:

NO.

67 Q:

ITEMS THROWN ON THE FLOOR?

68 A:

NO.

69 Q:

ANY BLOODY SHOEPRINTS ON THE FLOOR IN THE BATHROOM?

70 A:

NO.

71 Q:

ALL RIGHT. YOU SAW CANDLES IN THE BATHROOM AS WELL?

72 A:

THAT'S CORRECT.

73 Q:

HAD YOU EARLIER SEEN ANY CANDLES IN ANY OTHER PORTION OF THE HOUSE?

74 A:

EARLIER I OBSERVED CANDLES IN THE LIVING ROOM AREA OF THE HOUSE, THE FIRST LEVEL.

75 Q:

THOSE WERE ALSO LIT?

76 A:

YES, THEY WERE.

77 Q:

DID YOU HAVE A DISCUSSION WITH ANYONE ACQUAINTED OR RELATED TO NICOLE BROWN CONCERNING A HABIT OF LIGHTING CANDLES IN THE HOUSE?

78 A:

YES.

79 Q:

AND WHAT DID YOU LEARN?

80 MR. COCHRAN:

JUST A MOMENT. THIS IS HEARSAY, YOUR HONOR.

81 THE COURT:

SUSTAINED.

82 Q:

BY MS. CLARK: OKAY. AND AFTER YOU LOOKED IN THE MASTER BATHROOM, WHAT DID YOU DO NEXT?

83 A:

I PROCEEDED BACK DOWN THE STAIRS AND OUT THE REAR OF THE LOCATION.

84 Q:

DID YOU LOOK INTO ANY OTHER ROOMS UPSTAIRS, OTHER THAN THE --

85 A:

YES, UPSTAIRS I DID LOOK INTO WHAT APPEARED TO BE THE KID'S ROOMS THAT WERE WEST OF THE -- OF THE MAIN BEDROOM, LOOKED IN BOTH OF THOSE ROOMS AND ADJACENT BATHROOM AND THERE WAS A SUNDECK UP ON A THIRD LEVEL THAT I LOOKED AT.

86 Q:

WHAT DID YOU SEE IN THE CHILDREN'S ROOMS?

87 A:

NOTHING REMARKABLE.

88 Q:

ANY EVIDENCE OF RANSACKING?

89 A:

NO.

90 Q:

SIGNS OF A STRUGGLE?

91 A:

NO.

92 Q:

OR BLOOD?

93 A:

NO.

94 Q:

DRAWERS PULLED OUT?

95 A:

NO.

96 Q:

ITEMS THROWN AROUND?

97 A:

NO.

98 Q:

BLOODY SHOEPRINTS?

99 A:

NO.

100 Q:

DID YOU NOTICE ANY LEAVES ON THE FLOOR THAT WERE SIMILAR TO THE LEAVES YOU SAW OUTSIDE THE RESIDENCE?

101 A:

INSIDE THE HOUSE?

102 Q:

RIGHT, INSIDE THE HOUSE?

103 A:

NO.

104 Q:

AND YOU SAID YOU WENT UP TO A SUNROOM ON THE THIRD LEVEL?

105 A:

YES.

106 Q:

WHAT IS THAT? CAN YOU DESCRIBE IT?

107 A:

THERE WAS A SMALL WHAT I WOULD DESCRIBE AS A SUNDECK WITH I BELIEVE A CHAISE LOUNGE.

108 Q:

THAT IS ALL?

109 A:

I BELIEVE THERE WAS A TELEPHONE UP THERE.

110 Q:

ANYTHING ELSE?

111 A:

I DON'T RECALL ANYTHING ELSE BEING UP THERE.

112 Q:

OKAY. DID THAT APPEAR TO BE PART OF THE ROOF OR WAS IT A SEPARATE FLOOR?

113 A:

THERE WAS A STAIR -- A STAIRWELL GOING UP TO IT AND I SUPPOSE IT COULD BE CONSTRUED AS PART OF A ROOF.

114 Q:

DID YOU SEE ANY EVIDENCE OF A DISTURBANCE THERE?

115 A:

NO.

116 Q:

THEN WHAT DID YOU DO, SIR, AFTER YOU WENT TO THAT THIRD LEVEL?

117 A:

AT THAT TIME I PROCEEDED DOWN THE STAIRS TO THE GROUND LEVEL WHERE I EXITED THROUGH THE REAR AND OUT TO THE ALLEY, DOWN THE ALLEY, AND THEN AROUND TO THE FRONT OF THE RESIDENCE WHERE I MET MY PARTNER.

118 Q:

SO YOU WENT OUT THROUGH THE GARAGE, SIR?

119 A:

YES.

120 Q:

WHERE WAS IT THAT YOU MET UP WITH YOUR PARTNER?

121 A:

IT WAS IN THE STREET IN FRONT OF THE LOCATION.

122 Q:

AROUND BUNDY AND DOROTHY?

123 A:

IN THAT VICINITY, YES.

124 Q:

YOUR PARTNER WAS?

125 A:

DETECTIVE PHILIP VANNATTER.

126 Q:

AND WAS HE ALONE OUT THERE IN THE STREET WHEN YOU MET HIM?

127 A:

NO, HE WAS WITH DETECTIVE FUHRMAN.

128 Q:

WHAT HAPPENED NEXT?

129 A:

I DISCUSSED WITH DETECTIVE VANNATTER, AND PHILLIPS WAS THERE, DETECTIVE PHILLIPS AND FUHRMAN, WHAT WE WOULD DO IN RELATION TO THE CRIME SCENE, AND I WAS INFORMED THAT --

130 MR. COCHRAN:

OBJECT TO WHAT HE WAS INFORMED; HEARSAY AND NONRESPONSIVE.

131 THE COURT:

SUSTAINED.

132 Q:

BY MS. CLARK: YOU WERE -- WHO TALKED TO YOU? YOU WERE INFORMED OF SOMETHING BY WHO?

133 A:

DETECTIVE VANNATTER.

134 Q:

AND BASED ON WHAT HE TOLD YOU, DID YOU DO SOMETHING?

135 A:

YES.

136 Q:

WHAT DID YOU DO?

137 A:

WE DECIDED TO GO TO MR. SIMPSON'S RESIDENCE WHERE WE WOULD ATTEMPT TO MAKE A DEATH NOTIFICATION.

138 Q:

OKAY. SO WHAT --

139 A:

AND --

140 Q:

LET ME INTERRUPT YOU, I'M SORRY, BUT WHAT DID DETECTIVE VANNATTER TELL YOU? GOES TO EXPLAIN SUBSEQUENT CONDUCT, YOUR HONOR.

141 MR. COCHRAN:

LIMITED. I DON'T THINK WE HAVE AN OFFER OF PROOF ON THIS, YOUR HONOR. MAY I SPEAK WITH COUNSEL?

142 THE COURT:

YES.

143 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
144 MS. CLARK:

YOUR HONOR, MAY WE CONFER WITH THE WITNESS?

145 THE COURT:

CERTAINLY.

146 (DISCUSSION HELD OFF THE RECORD BETWEEN MS. CLARK, MR. COCHRAN AND THE WITNESS.)
147 THE COURT:

MISS CLARK.

148 MS. CLARK:

YES, YOUR HONOR. THE SUBJECT MATTER TO WHICH THE WITNESS WOULD TESTIFY WOULD CONSTITUTE HEARSAY, BUT WE ARE NOT OFFERING IT FOR THE TRUTH OF THE MATTER. WE ARE ONLY OFFERING IT FOR THE EFFECT ON THE LISTENER TO EXPLAIN SUBSEQUENT CONDUCT.

149 MR. COCHRAN:

IT IS LIMITED FOR THAT PURPOSE. IT IS PROBABLY DOUBLE HEARSAY, BUT FOR THAT PURPOSE I WILL WITHDRAW THE OBJECTION.

150 THE COURT:

LADIES AND GENTLEMEN, THE EVIDENCE YOU ARE ABOUT TO HEAR, THE STATEMENT THAT WAS MADE TO DETECTIVE LANGE, IS OFFERED TO YOU ONLY FOR THE PURPOSE OF THEN EXPLAINING WHAT DETECTIVE LANGE DID IN RESPONSE TO RECEIVING THAT INFORMATION AND SHOULD BE CONSIDERED BY YOU ONLY FOR THAT LIMITED PURPOSE. MISS CLARK.

151 Q:

BY MS. CLARK: DETECTIVE LANGE, YOU INDICATED THAT DETECTIVE VANNATTER TOLD YOU SOMETHING AFTER YOU CAME OUT OF THE CONDOMINIUM AND MET WITH HIM IN THE STREET?

152 A:

YES.

153 Q:

AND WHAT WAS IT HE TOLD YOU?

154 A:

HE STATED THAT COMMANDER BUSHEY HAD SPOKE WITH DETECTIVE PHILLIPS AND WISHED THE DETECTIVES TO MAKE A PERSONAL NOTIFICATION TO MR. SIMPSON REGARDING THE DEATH.

155 Q:

OKAY. SO COMMANDER BUSHEY HAD ORDERED THAT A PERSONAL NOTIFICATION BE MADE TO DEFENDANT SIMPSON AND YOU DISCUSSED THAT WITH DETECTIVE VANNATTER?

156 A:

THAT WAS PART OF THE DISCUSSION, YES.

157 Q:

WHAT WAS THE OTHER PART OF THE DISCUSSION?

158 A:

THAT WE WOULD WANT TO SPEAK WITH MR. SIMPSON, GET SOME TYPE OF AN INITIAL STATEMENT FROM MR. SIMPSON IN REGARD TO OUR INVESTIGATION, TO MEET HIM, TO SEE THAT HIS CHILDREN HAD BEEN PICKED UP AND CARED FOR, AND TO PROBABLY LEAVE FUHRMAN AND PHILLIPS WITH MR. SIMPSON AND RETURN TO THE CRIME SCENE TO DO THE INVESTIGATION.

159 Q:

OKAY. NOW, WHY DID YOU WANT TO GO AND TALK TO MR. SIMPSON? WHAT WERE YOU HOPING TO GET FROM THAT INTERVIEW?

160 A:

WELL, INITIALLY WE DON'T KNOW. ONE OF THE MOST IMPORTANT THINGS IN A MURDER INVESTIGATION IS TO TALK TO PEOPLE, AND WE CERTAINLY WEREN'T TALKING TO ANYONE ELSE AT THAT POINT. WE KNEW THAT MR. SIMPSON HAD BEEN ESTRANGED FROM MRS. SIMPSON, HE MAY HAVE INFORMATION THAT COULD ASSIST US AT THE CRIME SCENE, DOING THE CRIME SCENE INVESTIGATION. I THINK IT WAS IMPORTANT THAT WE MEET MR. SIMPSON, THAT HE SHOULD KNOW WHO WE ARE, BECAUSE WE CERTAINLY WOULD BE WORKING WITH HIM IN THE FUTURE.

161 Q:

AND BY "WORKING WITH HIM," YOU MEAN?

162 A:

IN AN ATTEMPT TO GET BACKGROUND INFORMATION, PERHAPS ON HIS EX-WIFE. AGAIN, WE DON'T KNOW UNTIL WE TALK TO HIM TO GET ANY INFORMATION WE COULD REGARDING HIS EX-WIFE.

163 Q:

FOR EXAMPLE?

164 A:

FOR EXAMPLE, ASSOCIATES.

165 Q:

YOU MEAN FRIENDS OF HERS?

166 A:

FRIENDS, ASSOCIATES, ANY PROBLEMS SHE MAY HAVE BEEN EXPERIENCING IN THE RECENT PAST, ANY THREATS SHE MAY HAVE RECEIVED. WE REALLY DON'T KNOW UNTIL WE SIT DOWN AND SPEAK WITH SOMEONE WHAT THEY HAVE TO SAY.

167 Q:

YOU MEAN THREATS SHE MAY HAVE RECEIVED FROM SOMEONE ELSE?

168 A:

YES.

169 THE COURT:

DETECTIVE LANGE, COULD YOU PULL THE MICROPHONE A LITTLE CLOSER TO YOU THERE. TWIST IT UP, IF YOU CAN.

170 (WITNESS COMPLIES.)
171 THE COURT:

THERE YOU GO. WHY DON'T YOU SPEAK RIGHT INTO IT. I'M GETTING HI SIGNS FROM THE JURORS THAT THEY ARE HAVING A HARD TIME HEARING. MISS CLARK.

172 MS. CLARK:

THANK YOU.

173 Q:

NOW, IS THAT COMMONLY DONE IN YOUR EXPERIENCE AS AN INVESTIGATING OFFICER WITH THE NEXT OF KIN?

174 A:

YES.

175 Q:

AT THAT PARTICULAR TIME, SIR, WERE YOU AWARE OF WHO -- OF WHAT OTHER NEXT OF KIN YOU MIGHT HAVE BEEN ABLE TO CONTACT?

176 A:

I HAD NONE.

177 Q:

OKAY. AND WAS THERE ANY INDICATION AS TO THE IDENTIFICATION OF THE MALE VICTIM THAT WE NOW KNOW IS RON GOLDMAN?

178 A:

NO.

179 Q:

DID YOU HAVE ANY INFORMATION AS TO THE WHEREABOUTS, IN TERMS OF THE RESIDENCE OF MR. SIMPSON, WITH RELATION TO WHERE YOU WERE AT 875 SOUTH BUNDY?

180 A:

YES.

181 Q:

AND WHAT WAS THAT INFORMATION?

182 A:

THAT HE LIVED A SHORT DISTANCE AWAY AND THAT IT WAS ONLY A FEW MINUTES' DRIVE TIME.

183 Q:

DID THAT PLAY ANY PART IN YOUR DECISION TO GO AND MAKE NOTIFICATION PERSONALLY?

184 A:

YES.

185 Q:

AND WHY?

186 A:

BECAUSE OF THE TIME INVOLVED. IT WAS A SHORT PERIOD OF TIME THAT WE WOULD BE GONE. WE DID WANT TO GET BACK TO THE CRIME SCENE AND CONDUCT THAT INVESTIGATION.

187 Q:

CAN YOU TELL US, SIR, WHO IS COMMANDER BUSHEY?

188 A:

COMMANDER BUSHEY IS THE COMMANDER OF POLICE OF THE WEST BUREAU, LAPD.

189 Q:

WHERE IS HE PLACED IN TERMS OF THE HIERARCHY IN THE LAPD?

190 A:

WELL, A COMMANDER -- WE HAVE FOUR BUREAUS IN THE LAPD AND THE COMMANDER WOULD BE ONE OF TWO COMMANDERS WHO WOULD BE THE NO. 2 MAN OR NO. 2 PERSON WITHIN THAT BUREAU, SO HE WOULD BE RIGHT BELOW A DEPUTY CHIEF.

191 Q:

SO YOU WOULD HAVE -- YOU HAVE CHIEF WILLIAMS, DEPUTY CHIEF AND THEN COMMANDER?

192 A:

ESSENTIALLY. THERE IS A FEW PEOPLE IN BETWEEN, BUT YES.

193 Q:

ALL RIGHT. AFTER YOU MADE THE DETERMINATION TO GO AND SPEAK TO MR. SIMPSON AND GIVE NOTIFICATION, WHAT HAPPENED NEXT?

194 A:

DETECTIVE FUHRMAN GOT INFORMATION, STATED HE COULD GET INFORMATION ON HOW TO GET TO THE LOCATION. I HAD ASKED FUHRMAN AND PHILLIPS TO GET IN THEIR CAR AND THAT WE WOULD FOLLOW THEM IN OUR CAR UP TO THE LOCATION.

195 Q:

AND DID DETECTIVE FUHRMAN GO AND ATTEMPT TO LOCATE AN ADDRESS FOR THE DEFENDANT?

196 A:

YES.

197 Q:

WHAT HAPPENED NEXT?

198 A:

SHORTLY AFTER FUHRMAN AND PHILLIPS GOT INTO THEIR POLICE CAR AND VANNATTER AND I GOT INTO OURS AND WE PROCEEDED TO THE ROCKINGHAM LOCATION.

199 Q:

ALL RIGHT. NOW, CAN YOU TELL US WHY ALL FOUR OF YOU WENT TO THAT LOCATION?

200 A:

ONCE AGAIN, IT WAS MY INTENT, IF MR. SIMPSON WERE HOME, TO GET SOME TYPE OF AN INITIAL INTERVIEW WITH HIM, ALONG WITH A NOTIFICATIONS AND TO CARE FOR THE CHILDREN, AND IT WAS MY INTENT TO LEAVE PHILLIPS AND FUHRMAN BEHIND WITH MR. SIMPSON TO ASSIST HIM IN ANY NOTIFICATIONS OR ANYTHING ELSE THAT HE NEEDED AND FOR VANNATTER AND I TO RETURN TO THE CRIME SCENE TO CONDUCT THE INVESTIGATION.

201 Q:

SO AT THE TIME YOU LEFT FOR 360 ROCKINGHAM, WHAT WAS YOUR INTENT IN TERMS OF HOW LONG YOU WERE GOING TO SPEND THERE AT ROCKINGHAM?

202 A:

AS SHORT A TIME AS POSSIBLE, JUST TO MEET MR. SIMPSON, GET SOME TYPE OF AN INITIAL -- INITIAL RAPPORT WITH HIM, ANY INFORMATION HE MIGHT HAVE AND TO RETURN TO THE BUNDY LOCATION.

203 Q:

OKAY. WHY DO YOU WANT TO ESTABLISH A RAPPORT? WHY DID YOU NEED TO DO THAT?

204 A:

I THINK IT IS VERY IMPORTANT TO ESTABLISH A RAPPORT, ESPECIALLY WITH PERSONS WHO ARE CLOSE TO THE VICTIM, TO GET INFORMATION. THEY NEED TO -- TO KNOW YOU. THEY NEED TO HAVE CONFIDENCE IN YOU SO THEY CAN SHARE INFORMATION WITH YOU. ONCE AGAIN, THE ONLY WAY YOU ARE GOING TO LEARN IS BY TALKING TO PEOPLE.

205 Q:

AND I THINK YOU INDICATED EARLIER THAT THE NEXT OF KIN -- NEXT OF KIN IS SOMEBODY YOU WOULD BE WORKING WITH --

206 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

207 MS. CLARK:

CAN I FINISH THE QUESTION?

208 THE COURT:

YES.

209 Q:

BY MS. CLARK: THE NEXT OF KIN IS SOMEBODY THAT YOU WOULD BE WORKING WITH THROUGH THE CASE. AND HOW DOES THAT WORK?

210 MR. COCHRAN:

YOUR HONOR, OBJECT TO THE FORM OF THAT QUESTION.

211 Q:

BY MS. CLARK: WHY WOULD THAT BE?

212 MR. COCHRAN:

ASKED AND ANSWERED. ALSO HE IS NOT THE NEXT OF KIN.

213 THE COURT:

OVERRULED.

214 DET. TOM LANGE:

IT WOULD BE IMPORTANT TO WORK WITH THAT FAMILY MEMBER TO GET BACKGROUND INFORMATION ON THE VICTIM, TO GET OTHER INFORMATION AS TO FRIENDS AND ACQUAINTANCES, ANY PERSONAL PROBLEMS THAT THAT VICTIM MIGHT HAVE HAD IN THE PAST. AGAIN, YOU REALLY DON'T KNOW UNTIL YOU SIT DOWN WITH THAT PERSON AND TALK TO THEM.

215 Q:

BY MS. CLARK: OKAY. IS IT TYPICAL THAT YOU WOULD MAINTAIN AN INVOLVEMENT WITH THE NEXT OF KIN THROUGHOUT A CASE?

216 A:

YES.

217 THE COURT:

EXCUSE ME, COUNSEL. WOULD YOU APPROACH WITHOUT THE COURT REPORTER, PLEASE. MR. COCHRAN, MISS CLARK.

218 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)
219 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
220 THE COURT:

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

221 MS. CLARK:

THANK YOU, YOUR HONOR.

222 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
223 MS. CLARK:

I'M SORRY. THANK YOU.

224 Q:

ALL RIGHT. SO YOU DROVE TO ROCKINGHAM; IS THAT RIGHT?

225 A:

YES.

226 Q:

ABOUT HOW LONG DID THAT DRIVE TAKE YOU, SIR?

227 A:

APPROXIMATELY FIVE MINUTES.

228 Q:

CAN YOU TELL US WHAT ROUTE YOU TOOK?

229 A:

MY RECOLLECTION IS NORTHBOUND ON BUNDY TO I BELIEVE SUNSET, WESTBOUND ON SUNSET TO ROCKINGHAM, AND THEN NORTHBOUND ON ROCKINGHAM.

230 Q:

NOW, WHEN YOU DROVE NORTHBOUND ON ROCKINGHAM, WHAT DID YOU SEE?

231 A:

WE DROVE APPROXIMATELY TWO BLOCKS, VANNATTER AND I WERE BEHIND PHILLIPS AND FUHRMAN, AND AS WE APPROACHED THE LOCATION I OBSERVED A WHITE FORD BRONCO PARKED AT THE CURB NEAR WHAT I LATER FOUND TO BE THE ROCKINGHAM GATE.

232 Q:

ANYTHING IN PARTICULAR DRAW YOUR ATTENTION TO THAT BRONCO?

233 A:

YES. IT APPEARED TO BE STUCK OUT IN THE STREET SOMEWHAT, THE REAR END. IT APPEARED TO BE -- APPEARED TO BE STUCK OUT IN THE STREET JUST A BIT.

234 Q:

OKAY. I'M SORRY, YOU INDICATED --

235 A:

YES. THE REAR END OF THE BRONCO APPEARED TO BE --

236 MS. CLARK:

WAIT. HOLD ON.

237 (BRIEF PAUSE.)
238 THE COURT:

OUT OF CURIOSITY, WHAT IS THAT? A JUROR: SORRY.

239 THE COURT:

IS IT A CALCULATOR? A JUROR: YEAH, SOMETHING LIKE THAT.

240 THE COURT:

IS IT TURNED OFF? A JUROR: YES, IT IS.

241 THE COURT:

THANK YOU.

242 MS. CLARK:

ALL RIGHT.

243 Q:

I'M SORRY, SIR, I DID NOT HEAR YOUR ANSWER ABOUT WHAT DREW YOUR ATTENTION TO THE BRONCO.

244 A:

IT WAS -- APPEARED TO BE SOMEWHAT -- THE REAR END APPEARED TO BE SOMEWHAT OUT IN THE STREET AND IT WAS PARKED BY ITSELF. THERE WERE NO OTHER VEHICLES AROUND IT.

245 Q:

AND WHERE DID YOU GO AFTER SEEING -- DID YOU DRIVE PASSED THE BRONCO?

246 A:

YES, DROVE PASSED THE BRONCO TO ASHFORD. WE FOLLOWED PHILLIPS AND FUHRMAN TURNING EASTBOUND ONTO ASHFORD WHERE THEY PULLED TO THE CURB JUST WEST OF THE ASHFORD GATE. MY PARTNER AND I PULLED BEHIND THEM AND PARKED AT THE CURB.

247 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 64.

248 Q:

BY MS. CLARK: ALL RIGHT. SHOWING YOU PEOPLE'S 64, SIR, CAN YOU TELL US IF YOU RECOGNIZE WHAT IS SHOWN IN THAT PHOTOGRAPH?

249 A:

YES. THAT IS WHAT I TERM THE ASHFORD GATE AT 360 NORTH ROCKINGHAM.

250 Q:

THAT IS THE ASHFORD GATE YOU SAID?

251 A:

YES.

252 Q:

AND WHERE IN RELATION TO THE ASHFORD GATE DID YOU PARK?

253 A:

TO THE RIGHT OF THAT LOCATION AT THE CURB.

254 Q:

AS SHOWN IN THIS PHOTOGRAPH?

255 A:

YES.

256 Q:

SO IT WOULD BE TO THE RIGHT AS WE FACE IT?

257 A:

YES.

258 Q:

NOW, IF YOU CAN, TELL US, SIR, ABOUT WHAT TIME IT WAS WHEN YOU GOT THERE?

259 A:

APPROXIMATELY 5:05 A.M.

260 Q:

NOW, DO YOU SEE A CAR PARKED JUST TO THE EAST OF THE ASHFORD GATE IN THIS PHOTOGRAPH, SIR?

261 A:

YES.

262 Q:

ON ASHFORD?

263 A:

YES.

264 Q:

AND DID YOU SEE THAT CAR PARKED IN THAT POSITION THERE THAT NIGHT?

265 A:

YES.

266 Q:

DID YOU DETERMINE WHOSE CAR THAT WAS?

267 A:

YES.

268 Q:

WHOSE?

269 A:

THE VEHICLE WAS REGISTERED TO KATO KAELIN.

270 Q:

IT APPEARS TO BE A BLACK VEHICLE IN THIS PHOTOGRAPH. WERE YOU ABLE TO DETERMINE WHAT KIND IT IS?

271 A:

I DON'T RECALL. IT WAS A THUNDERBIRD, I BELIEVE.

272 Q:

AFTER YOU PARKED YOUR CARS, WHAT DID YOU DO NEXT?

273 A:

I PROCEEDED TOWARD THE ASHFORD GATE BEHIND PHILLIPS AND FUHRMAN AND I OBSERVED I BELIEVE IT WAS DETECTIVE PHILLIPS WALK TO A -- WHAT APPEARED TO BE AN INTERCOM ON THE GATE, TO THE LEFT OF THE GATE AS YOU ARE LOOKING AT THIS PHOTOGRAPH, AND ATTEMPT TO ROUSE SOMEONE INSIDE THE RESIDENCE THROUGH THE INTERCOM.

274 Q:

AND AFTER THEY RANG FOR THE FIRST TIME, WAS THERE ANY RESPONSE?

275 A:

NO. THERE WERE TWO OR THREE ATTEMPTS BY PHILLIPS AND I BELIEVE FUHRMAN MAY HAVE MADE AN ATTEMPT ALSO.

276 Q:

AND WAS THERE ANY RESPONSE TO ANY OF THOSE ATTEMPTS?

277 A:

NO.

278 Q:

SO HOW MANY -- HOW MANY TIMES DID THEY TRY TO RAISE SOMEBODY BY PUSHING THE BUZZER AT THE GATE?

279 A:

I THINK AT LEAST THREE, PERHAPS -- PERHAPS MORE.

280 Q:

DID YOU HAPPEN TO OBSERVE WHETHER THERE WERE ANY CARS IN THE DRIVEWAY?

281 A:

THERE APPEARED TO BE A VEHICLE PARKED ON THE OTHER SIDE OF THE DRIVEWAY WHICH WOULD HAVE BEEN FACING HEADING TO THE WEST TOWARDS THE ROCKINGHAM GATE.

282 Q:

AND DID YOU NOTICE WHETHER THERE WERE ANY LIGHTS ON IN THE HOUSE?

283 A:

THERE WAS ONE LIGHT ON THAT I COULD SEE THAT APPEARED TO BE EMANATING FROM SOMEWHERE BETWEEN THE FIRST AND THE SECOND LEVEL -- THROUGH THE FIRST AND SECOND LEVEL WINDOWS.

284 Q:

DID YOU NOTICE ANYTHING ELSE OUTSIDE THE GATE THAT DREW YOUR ATTENTION?

285 A:

OUTSIDE THE GATE?

286 Q:

OUTSIDE THE GATE.

287 (NO AUDIBLE RESPONSE.)
288 Q:

LET ME DIRECT YOUR ATTENTION, SIR. I DON'T KNOW IF YOU CAN SEE ON THE SCREEN WHERE I'M POINTING TO. IF YOU COULD LOOK UP AT THE SCREEN?

289 A:

REFERRING TO THE WESTEC SIGN?

290 Q:

I AM.

291 A:

YES.

292 Q:

IS THAT A WESTEC SIGN?

293 A:

YES.

294 Q:

DID YOU NOTICE IT THERE THAT NIGHT?

295 A:

YES.

296 Q:

AND WHAT IS WESTEC, SIR?

297 A:

WESTEC IS A SECURITY SERVICE, A RESIDENCE -- I BELIEVE PRIMARILY A RESIDENTIAL SECURITY SERVICE IN THE BRENTWOOD AREA.

298 Q:

DID ONE OF YOU HAVE A CELL PHONE THAT NIGHT?

299 A:

YES, DETECTIVE PHILLIPS.

300 Q:

AND DID HE ATTEMPT TO USE IT TO CONTACT WESTEC?

301 A:

YES. I BELIEVE HE FIRST ATTEMPTED TO CONTACT THE WATCH COMMANDER AT WEST LOS ANGELES DIVISION IN AN ATTEMPT FOR HIM TO CONTACT WESTEC.

302 Q:

AND DO YOU HAPPEN TO KNOW WHAT TIME HE CALLED THE WATCH COMMANDER FOR THAT PURPOSE?

303 A:

I BELIEVE IT MUST HAVE BEEN APPROXIMATELY AT 5:10 A.M.

304 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

305 (BRIEF PAUSE.)
306 Q:

BY MS. CLARK: ARE YOU FAMILIAR WITH THE PHONE NUMBER FOR THE PRIVATE LINE TO THE WATCH COMMANDER AT WEST L.A.?

307 A:

IF I SAW IT, I WOULD PROBABLY KNOW IT.

308 (BRIEF PAUSE.)
309 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
310 Q:

BY MS. CLARK: SHOWING YOU WHAT HAS BEEN MARKED AS PEOPLE'S 61, SIR, WOULD YOU TELL US IF YOU RECOGNIZE THAT PHONE NUMBER?

311 A:

YES, I BELIEVE THAT IS THE PRIVATE NUMBER OF THE WATCH COMMANDER.

312 Q:

AT WEST L.A. DIVISION?

313 A:

YES.

314 Q:

SO WHAT HAPPENED NEXT?

315 A:

DETECTIVE PHILLIPS WAS ATTEMPTING TO CONTACT WESTEC. AFTER HE HAD FINISHED HE MENTIONED SOMETHING TO THE EFFECT THAT --

316 MR. COCHRAN:

OBJECT TO WHAT HE MENTIONED. APPEARS TO BE HEARSAY.

317 THE COURT:

SUSTAINED.

318 DET. TOM LANGE:

I WAS INFORMED THAT --

319 MR. COCHRAN:

OBJECT TO WHAT HE WAS INFORMED.

320 THE COURT:

HOLD ON, DETECTIVE LANGE. MISS CLARK, ASK ANOTHER QUESTION, PLEASE.

321 Q:

BY MS. CLARK: HOLD ON. DETECTIVE PHILLIPS, DID HE INFORM YOU OF SOMETHING, SIR?

322 A:

YES.

323 Q:

DID THAT SOMETHING CAUSE YOU TO DO SOMETHING ELSE?

324 A:

WELL, YES.

325 MS. CLARK:

I ASK THAT I IT BE ADMITTED TO EXPLAIN SUBSEQUENT CONDUCT, YOUR HONOR.

326 MR. COCHRAN:

HEARSAY, YOUR HONOR. JUST TELL US WHAT HE DID.

327 THE COURT:

WHAT DID YOU DO AFTER YOU RECEIVED THIS INFORMATION?

328 DET. TOM LANGE:

BASICALLY I DID NOTHING AFTER THE INITIAL INFORMATION. THAT LED TO SOMETHING.

329 THE COURT:

MISS CLARK, NEXT QUESTION.

330 MS. CLARK:

ALL RIGHT.

331 Q:

YOU RECEIVED SOME INFORMATION, DID YOU, FROM DETECTIVE PHILLIPS, SIR?

332 A:

YES.

333 Q:

AND AFTER YOU RECEIVED THAT INFORMATION WHAT HAPPENED NEXT?

334 A:

I OBSERVED A WESTEC PATROL VEHICLE SOUTH BUNDY ON ROCKINGHAM APPROACHING ASHFORD AND I OBSERVED DETECTIVE PHILLIPS WAVE THE VEHICLE DOWN IN THE STREET AND WALK OVER TO THE VEHICLE AND TALK WITH THE -- WITH THE DRIVER, THE SECURITY GUARD.

335 Q:

AND DID THAT WESTEC UNIT THEN REMAIN THERE?

336 A:

YES.

337 Q:

NOW, WHILE THAT WAS OCCURRING, WHILE DETECTIVE PHILLIPS WAS MAKING PHONE CALLS ON HIS CELL PHONE AND THE WESTEC UNIT ARRIVED, DID YOU OBSERVE ANY OTHER ACTIVITY BY ONE OF THE DETECTIVES OCCURRING?

338 A:

YES. I OBSERVED DETECTIVE FUHRMAN WALK SOUTH ON ROCKINGHAM TOWARDS THE BRONCO THAT I HAD ALLUDED TO EARLIER, AND APPROACH THE DRIVER'S SIDE WHERE I SAW HIM LOOKING AT THE VEHICLE --

339 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
340 DET. TOM LANGE:

-- FOR A FEW MOMENTS AND THEN WALK BACK TOWARDS MY -- MY LOCATION, WHICH AT THE TIME WAS IN THE INTERSECTION OF ROCKINGHAM AND ASHFORD.

341 Q:

BY MS. CLARK: YET YOU WERE -- WHERE WERE YOU POSITIONED AS YOU MADE THE OBSERVATIONS CONCERNING DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN?

342 A:

I WAS IN THE -- LIKE I SAID, IN THE INTERSECTION AROUND ASHFORD, THE INTERSECTION OF ASHFORD AND ROCKINGHAM.

343 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
344 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS PEOPLE'S EXHIBIT NO. 63.

345 THE COURT:

PEOPLE'S 63.

346 Q:

BY MS. CLARK: ALL RIGHT. SHOWING YOU, SIR, PEOPLE'S 63, CAN YOU TELL US IF YOU RECOGNIZE THE LOCATION SHOWN THERE?

347 A:

YES. THAT IS LOOKING IN ALMOST A WESTERLY -- I'M SORRY, ALMOST A SOUTHERLY DIRECTION TOWARD THE ROCKINGHAM LOCATION.

348 Q:

ALL RIGHT. THE STREET THAT IS COMING TO THE -- THAT DISAPPEARS INTO THE LEFT-HAND LOWER CORNER OF THE PHOTOGRAPH, WHAT STREET IS THAT?

349 A:

THAT IS ASHFORD.

350 Q:

AND THE STREET THAT IT INTERSECTS WITH THAT ACTUALLY DEAD ENDS -- EXCUSE ME. LET ME REASK THAT QUESTION.

THE STREET ON WHICH YOU SEE A CAR PARKED THAT DISAPPEARS INTO THE LEFT-HAND SIDE OF THE PHOTOGRAPH AS YOU FACE IT IS WHAT STREET?

351 A:

THIS IS ASHFORD STREET.

352 Q:

THE STREET THAT IT INTERSECTS WITH AS IT DISAPPEARS IN THE LOWER LEFT-HAND CORNER AS YOU FACE THE PHOTOGRAPH IS WHAT?

353 A:

ROCKINGHAM.

354 Q:

AND DO YOU SEE THE CORNER OF THE DEFENDANT'S PROPERTY THAT IS SORT OF TO THE RIGHT-HAND SIDE OF THE PHOTOGRAPH AS YOU LOOK AT IT?

355 A:

YES.

356 Q:

IS THAT WHERE YOU WERE?

357 A:

YES.

358 Q:

THERE SEEMS TO BE A WHITE OBJECT AT THE RIGHT SIDE OF THE PHOTOGRAPH AS YOU FACE IT.

359 A:

YES.

360 Q:

A PIECE OF SOMETHING WHITE?

361 A:

YES.

362 Q:

AND WHAT IS THAT?

363 A:

I BELIEVE THAT IS THE WHITE BRONCO.

364 Q:

IS THIS A PHOTOGRAPH THAT DEPICTS THE LOCATION ON JUNE THE 13TH?

365 A:

YES.

366 Q:

WHERE WERE YOU POSITIONED, IF YOU CAN TELL US, BASED ON THIS PHOTOGRAPH?

367 A:

BASED ON THIS PHOTOGRAPH MORE OR LESS IN THE INTERSECTION TOWARDS THE PARKWAY, I GUESS PERHAPS IN THE RIGHT -- MIDDLE RIGHT THIRD OF THIS PHOTOGRAPH IN THE STREET.

368 Q:

MIDDLE RIGHT THIRD? HOW ABOUT IF WE HAVE OUR TRUSTY POINT MAKER. IF YOU CAN GUIDE THE ARROW, SIR, INDICATE WHERE YOU WERE.

369 A:

OKAY. MORE TO THE RIGHT. PROBABLY THAT IS A LITTLE TOO MUCH. BACK RIGHT ABOUT THERE, (INDICATING), MAYBE DOWN A BIT, SOMEWHERE IN THAT GENERAL VICINITY RIGHT THERE, (INDICATING).

370 MS. CLARK:

ALL RIGHT. COULD WE PUT AN "X" THERE. WELL, OKAY.

371 Q:

IS THAT ABOUT RIGHT?

372 A:

APPROXIMATELY -- APPROXIMATELY THAT AREA.

373 MS. CLARK:

IF WE COULD PUT "T.L." THANK YOU. AND IF THIS COULD BE ANNOUNCED PEOPLE'S --

374 THE COURT:

63-A.

375 MS. CLARK:

63-A. THANK YOU, YOUR HONOR.

376 Q:

BY MS. CLARK: ALL RIGHT. SO FROM THAT VANTAGE POINT WHAT WERE YOU ABLE TO SEE IN TERMS OF THE ACTIVITY BY THE DETECTIVES ON ASHFORD AND ON ROCKINGHAM?

377 MR. COCHRAN:

HE HAS ALREADY TOLD US THAT, YOUR HONOR.

378 THE COURT:

OVERRULED.

379 MR. FAIRTLOUGH:

YOUR HONOR, SMALL CORRECTION. THIS WOULD BE 63-C.

380 THE COURT:

63-C.

381 MS. CLARK:

THANK YOU.

382 (PEO'S 63-C FOR ID = PHOTOGRAPH)
383 DET. TOM LANGE:

I OBSERVED DETECTIVE FUHRMAN DOWN NEAR THE WHITE BRONCO IN THE RIGHT OF THE PHOTO. THE WESTEC VEHICLE WAS PROBABLY JUST THIS SIDE OF THE "X" FACING SOUTHBOUND. DETECTIVE PHILLIPS WAS SOMEWHERE BETWEEN THERE AND THE ASHFORD GATE. I BELIEVE DETECTIVE VANNATTER WAS IN MY VICINITY ALSO.

384 Q:

BY MS. CLARK: AND WERE YOU ABLE TO ALSO OBSERVE WHAT DETECTIVE FUHRMAN WAS DOING?

385 A:

YES.

386 Q:

WHAT WAS HE DOING?

387 A:

I OBSERVED HIM LOOKING AT THE WHITE BRONCO.

388 Q:

WHAT HAPPENED NEXT?

389 A:

FUHRMAN WALKED UP THE STREET NORTH ON ROCKINGHAM TOWARDS ME AND MENTIONED THAT HE --

390 MR. COCHRAN:

OBJECT TO WHAT HE MENTIONED; HEARSAY.

391 THE COURT:

SUSTAINED.

392 MS. CLARK:

I ASK THAT IT BE ADMITTED EXPLAIN SUBSEQUENT CONDUCT.

393 MR. COCHRAN:

YOUR HONOR, STILL HEARSAY. HE CAN TELL US WHAT HE DID AFTER THAT, IF ANYTHING.

394 THE COURT:

DOES THIS HAVE TO DO WITH SOMETHING OBSERVED ON THE BRONCO?

395 MS. CLARK:

THAT'S RIGHT.

396 THE COURT:

ALL RIGHT. THE OBJECTION WILL BE OVERRULED. LADIES AND GENTLEMEN, HOWEVER, THIS STATEMENT COMES IN ONLY TO EXPLAIN WHAT DETECTIVE LANGE DID IN RESPONSE TO HEARING THIS INFORMATION. MISS CLARK.

397 MS. CLARK:

THANK YOU.

398 Q:

AND WHAT DID DETECTIVE FUHRMAN TELL YOU?

399 A:

DETECTIVE FUHRMAN STATED THAT HE BELIEVED THERE WAS BLOOD ON THE DOOR OF THE BRONCO.

KEY QUOTE
400 Q:

AND WHAT DID YOU DO AFTER YOU HEARD THAT?

401 A:

I PROCEEDED TO THE BRONCO WITH FUHRMAN AND HE POINTED TO A REDDISH STAIN ABOVE THE DOOR HANDLE ON THE DRIVER'S SIDE.

402 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
403 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S 62, 62-A, 62-B, 62-C.

404 MS. CLARK:

OKAY. YOU CAN DO IT HERE.

405 Q:

DO YOU SEE THE BRONCO THAT YOU DESCRIBED, SIR, PARKED AT THE ROCKINGHAM GATE ON JUNE 13 IN THESE PHOTOGRAPHS?

406 A:

YES.

407 Q:

IS THAT THE ONE YOU DESCRIBED?

408 A:

YES.

409 Q:

AND DO YOU RECALL SEEING THE BLOOD THAT -- LITTLE SPOT THAT IS BEING SHOWN IN THIS PHOTOGRAPH, SIR?

410 A:

YES. THAT APPEARS TO BE THE SAME SPOT.

411 Q:

OKAY.

412 MR. FAIRTLOUGH:

63-D -- 62-D, 62-E, 62-F.

413 MS. CLARK:

GOING BACK TO 62-E FOR A MOMENT, AND THEN 62-F.

414 MR. FAIRTLOUGH:

62-F.

415 Q:

BY MS. CLARK: DID YOU HAPPEN TO MAKE OBSERVATIONS CONCERNING WHAT WAS INSIDE THE REAR CARGO AREA OF THE BRONCO?

416 A:

YES.

417 Q:

AND WHAT DID YOU OBSERVE?

418 A:

I OBSERVED A PACKAGE WITH A LABEL ON IT, I BELIEVE, "O.J. SIMPSON ENTERPRISES," AND THE "DAN MARINO FOUNDATION," AND I BELIEVE IT WAS A SHOVEL IN THE BACK.

KEY QUOTE
419 Q:

AFTER MAKING THOSE OBSERVATIONS, SIR, WHAT DID YOU DO NEXT?

420 A:

I RECALL WALKING BACK TOWARDS THE ASHFORD GATE AND TALKING TO VANNATTER AND PHILLIPS. IT WAS AT THAT TIME I WAS TOLD SOMETHING ABOUT WHO MAY OR MAY NOT BE IN THE RESIDENCE THAT WAS -- I'M SORRY.

421 MS. CLARK:

THAT IS OKAY.

422 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 64.

423 Q:

BY MS. CLARK: YOU WENT BACK TO THE ASHFORD GATE, SIR?

424 A:

I WAS IN THAT VICINITY.

425 Q:

OKAY. AND WHO WAS IT YOU HAD A CONVERSATION WITH?

426 A:

IT WASN'T NECESSARILY A CONVERSATION. PHILLIPS HAD WALKED TOWARDS ME AND VANNATTER HAD MADE A STATEMENT.

427 Q:

WAS THAT STATEMENT CONCERNING A MAID INSIDE THE HOUSE?

428 A:

YES.

429 Q:

AND WHAT DID YOU LEARN?

430 A:

THAT THERE SHOULD HAVE BEEN A MAID ON THE PREMISES.

431 Q:

AND WHAT HAPPENED NEXT?

432 A:

PHILLIPS HAD BEEN IN CONTACT WITH WEST L.A. DIVISION AND HAD RECEIVED A PHONE NUMBER OF THE RESIDENCE, I BELIEVE, THROUGH WESTEC. AND PHILLIPS ATTEMPTED TO PHONE THE RESIDENCE WITH A CELLULAR PHONE.

433 Q:

AND AFTER DETECTIVE PHILLIPS CALLED THE DEFENDANT'S HOME PHONE NUMBER, WHAT HAPPENED?

434 A:

I COULD HEAR THE PHONE RINGING FROM THE STREET. PHILLIPS STATED TO ME THAT THE --

435 MR. COCHRAN:

OBJECT TO WHAT PHILLIPS SAID. IT IS HEARSAY.

436 THE COURT:

SUSTAINED.

437 Q:

BY MS. CLARK: DID YOU LEARN WHETHER OR NOT THERE WAS ANY RESPONSE, ANYONE PICKED UP THE PHONE?

438 A:

NO ONE PICKED UP THE PHONE.

439 Q:

WHAT HAPPENED NEXT?

440 A:

I DISCUSSED WITH PHILLIPS AND VANNATTER AND FUHRMAN WHAT WE HAD AND THAT WE DIDN'T KNOW MR. SIMPSON'S WHEREABOUTS. THERE WAS SUPPOSEDLY A HOUSEKEEPER, A MAID THAT WAS SUPPOSED TO BE ON THE PREMISES. WE HAD A LIGHT ON IN THE HOUSE. WE AT THIS TIME OBSERVED TWO VEHICLES IN THE DRIVEWAY. WE HAD WHAT APPEARED TO BE BLOOD ON THE VEHICLE PARKED, IN MY OPINION, AT A FUNNY ANGLE IN THE STREET. WE HAD JUST LEFT THE CRIME SCENE. WE DISCUSSED CERTAIN -- CERTAIN EXIGENCY THAT WE MIGHT HAVE FELT EXISTED. I FELT THAT SOMEONE INSIDE THAT HOUSE MAY BE THE VICTIM OF A CRIME, MAY BE BLEEDING OR WORSE. WE COULD RAISE NO ONE AT THE LOCATION SO WE DECIDED TO GO IN.

441 Q:

WHAT HAPPENED NEXT?

442 A:

I LOOKED AT THE GATE, APPEARED TO BE A HYDRAULIC GATE. FUHRMAN WAS STANDING CLOSEST TO THE LEFT SIDE OF THE GATE. HE SAID, "I CAN GO OVER THE WALL." I SAID, "OKAY, GO." HE AT THIS TIME WENT OVER THE WALL, STEPPED TO HIS RIGHT AND MANUALLY PULLED THE HYDRAULIC GATE OPENED.

443 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

444 THE COURT:

YES.

445 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
446 Q:

BY MS. CLARK: NOW, AT THE POINT THAT --

447 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
448 Q:

BY MS. CLARK: AT THE POINT THAT YOU ASKED DETECTIVE FUHRMAN TO GO OVER THE WALL, SIR, WHAT -- WHAT WERE YOUR CHOICES? WHAT WERE YOUR OPTIONS IN TERMS OF WHAT TO DO IN TERMS OF -- LET ME TRY AND DO THAT AGAIN.

449 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION.

450 MS. CLARK:

WELL, HOW COULD -- ME, TOO.

451 MR. COCHRAN:

ALL RIGHT. STIPULATE.

452 THE COURT:

MISS CLARK.

453 Q:

BY MS. CLARK: IN LIGHT OF ALL THAT YOU KNEW AT THAT POINT IN TIME, WHAT WERE YOUR CHOICES? WHAT COULD YOU DO?

454 MR. COCHRAN:

OBJECT TO THE FORM OF THAT ALSO. IT IS IRRELEVANT AND IMMATERIAL WHAT HIS CHOICES WERE.

455 THE COURT:

OVERRULED.

456 DET. TOM LANGE:

WE COULD EITHER ENTER THE GROUNDS IN AN ATTEMPT TO FIND POSSIBLE VICTIMS, MR. SIMPSON, OR WE COULD LEAVE AND GO BACK AND CONDUCT THE CRIME SCENE INVESTIGATION.

457 MR. COCHRAN:

YOUR HONOR, THAT GOES TO MY OBJECTION. THOSE AREN'T ALL THE ALTERNATIVES.

458 THE COURT:

COUNSEL, THERE IS CROSS-EXAMINATION. I'M SURE YOU WILL TELL HIM SOME OTHERS.

459 MR. COCHRAN:

ALL RIGHT. I HAVE TO WAIT? OKAY.

460 THE COURT:

THAT IS THE WAY IT NORMALLY WORKS.

461 MR. COCHRAN:

ALL RIGHT.

462 THE COURT:

MISS CLARK.

463 Q:

BY MS. CLARK: SO YOU COULD EITHER STAY OR GO BACK TO BUNDY?

464 MR. COCHRAN:

ASKED AND ANSWERED.

465 THE COURT:

SUSTAINED.

466 MS. CLARK:

I HAVEN'T FINISHED THE QUESTION.

467 THE COURT:

HE JUST TOLD US THAT.

468 Q:

BY MS. CLARK: DID YOU -- OKAY. YOU MADE THE CHOICE TO STAY THERE?

469 A:

YES. IT WAS A MUTUAL CHOICE WITH MY PARTNER AND MYSELF.

470 Q:

OKAY. WHAT HAPPENED NEXT?

471 A:

I ENTERED THE LOCATION WITH PHILLIPS AND VANNATTER AND WITH THE FOUR OF US WALKED TOWARD THE FRONT DOOR. WE OBSERVED A DOG LYING IN THE DRIVEWAY. HE DIDN'T APPEAR TO BE THREATENING. WE WALKED PAST THE DOG TO THE FRONT DOOR AND I BELIEVE IT WAS PHILLIPS OR VANNATTER WHO KNOCKED ON THE FRONT DOOR SEVERAL TIMES. WE GOT NO RESPONSE. WE MOVED TO THE EAST OF THE ENTRANCE TO A WALKWAY THAT LED US TO THE REAR OF THE LOCATION.

472 Q:

ALL RIGHT. SIR, I'M GOING TO ASK YOU TO INDICATE ON THE -- ON THE BOARD FOR THE JURY WHERE YOU WENT AFTER YOU ENTERED THE PROPERTY. THE DECISION TO ENTER THE PROPERTY AT THAT TIME WAS MADE BY WHO?

473 A:

BY MYSELF AND MY PARTNER.

474 Q:

DETECTIVE VANNATTER?

475 A:

SIMULTANEOUSLY. YEAH, VANNATTER, YES.

476 Q:

AND SO DETECTIVE FUHRMAN WENT OVER THE WALL AT YOUR REQUEST?

477 A:

WELL --

478 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

479 MR. FAIRTLOUGH:

THIS IS PEOPLE'S EXHIBIT 66.

480 THE COURT:

PEOPLE'S 66.

481 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
482 Q:

BY MS. CLARK: WOULD YOU STEP DOWN, SIR, WITH YOUR POINTER. FIRST LET ME ASK YOU THIS: IN TERMS OF THE FOUR DETECTIVES THERE, WHO WAS THE MOST SENIOR, IF YOU KNOW?

483 (NO AUDIBLE RESPONSE.)
484 Q:

AT THE -- I MEAN IF YOU KNOW NOW?

485 A:

SENIOR ON THE DEPARTMENT WOULD BE -- THERE IS TWO TYPES OF SENIORITY; THOSE WHO GET PROMOTED BEFORE OTHERS AND THOSE WHO HAVE MORE TENURE. AS FAR AS TENURE IT WOULD BE DETECTIVE PHILLIPS. AS FAR AS SENIOR IN RANK, WHO WAS PROMOTED THE FIRST, IT WOULD BE VANNATTER.

486 Q:

WHO WAS THE MOST JUNIOR DETECTIVE THERE?

487 A:

FUHRMAN.

488 Q:

DID YOU KNOW THAT THAT NIGHT?

489 A:

NO.

490 Q:

WHO WAS THE YOUNGEST ONE THERE?

491 A:

PROBABLY FUHRMAN.

492 Q:

DID YOU KNOW THAT THAT NIGHT?

493 A:

HE APPEARED TO BE THAT WAY, YES.

494 Q:

OKAY. COULD YOU PLEASE SHOW US THE PATH YOU TOOK AFTER YOU ENTERED THE PROPERTY.

495 A:

WE ENTERED HERE AT THE ASHFORD GATE, (INDICATING). THE FOUR OF US WALKED DOWN THE DRIVEWAY IN THIS DIRECTION GOING SOUTH, (INDICATING), INTO THIS FRONT ENTRANCE AREA WHERE THE FRONT DOOR IS, (INDICATING). THIS IS WHERE THE KNOCKING OCCURRED. THERE WAS NO RESPONSE. SO THE FOUR OF US WALKED BACK OUT AND AROUND TO THIS WALKWAY, (INDICATING), WHICH IS JUST, I BELIEVE, NORTH OF THE RESIDENCE, AND WALKED TO THE REAR OF THE LOCATION ON THIS WALKWAY COMING INTO THIS REAR PORTION AREA, (INDICATING), JUST A COUPLE OF STEPS UP THE PORCH, WALKED ACROSS THE PORCH, DOWN INTO THIS PATIO AREA, (INDICATING), DOWN INTO THIS VICINITY HERE, (INDICATING). I OBSERVED A GLASS DOOR. I BELIEVE IT WAS THIS ONE HERE, (INDICATING). I WALKED UP TO THIS DOOR AND RAPPED ON THE DOOR ATTEMPTING TO RAISE SOMEONE INSIDE. I GOT NO RESPONSE.

496 Q:

SO AT THIS POINT, AFTER YOU HAVE KNOCKED ON THE FRONT DOOR AND THE BACK DOOR WITH GETTING NO RESPONSE, WHERE DID YOU GO?

497 A:

I STEPPED BACK TOWARDS PHILLIPS, VANNATTER AND FUHRMAN WHO HAD WALKED TOWARDS THIS LOCATION HERE, (INDICATING), THAT APPEARED TO BE GUEST HOUSES OR BUNGALOWS, AND I WALKED -- I BELIEVE I WAS BEHIND PHILLIPS AND FUHRMAN WALKING DOWN THE STEPS TO THIS FRONT ROOM LABELED "KAELIN'S ROOM, (INDICATING).

498 Q:

AND WHEN YOU GOT TO KAELIN'S ROOM, WHAT HAPPENED?

499 A:

I BELIEVE IT WAS FUHRMAN WHO KNOCKED ON THE DOOR AND STATED, "THERE APPEARS TO BE SOMEBODY INSIDE." HE KNOCKED AGAIN AND MR. KAELIN OPENED THE DOOR.

500 Q:

AND WHERE WERE YOU AT THE TIME?

501 A:

I WAS TO THE REAR OF PHILLIPS AND FUHRMAN, PROBABLY ON THIS WALKWAY RIGHT IN HERE, (INDICATING).

502 Q:

WERE ALL FOUR OF YOU DETECTIVES PRETTY MUCH STANDING TOGETHER OR WERE YOU SPREAD OUT? WHAT WAS -- WHERE WAS EVERYONE?

503 A:

I BELIEVE VANNATTER WAS UP IN THIS AREA STILL BEHIND US, (INDICATING), AND THIS IS A FAIRLY NARROW WALKWAY, AND MY RECOLLECTION IS THAT PHILLIPS AND FUHRMAN WERE IN FRONT OF ME AND I WAS STANDING BEHIND.

504 Q:

AND AFTER MR. KAELIN ANSWERED THE DOOR, CAN YOU TELL US IF YOU MADE ANY OBSERVATIONS OF HIS CONDITION?

505 A:

HE APPEARED TO HAVE JUST WOKEN UP. HE HAD A DISHEVELED APPEARANCE, APPEARED TO BE PRETTY GROGGY.

506 Q:

DID SOMEONE ASK WHO HE WAS?

507 A:

YES. FUHRMAN ASKED -- ASKED WHO HE WAS AND IF HE LIVED THERE, SOMETHING TO THIS EFFECT.

508 Q:

OKAY. YOU GO AHEAD AND HAVE A SEAT.

509 (WITNESS COMPLIES.)
510 MS. CLARK:

YOU CAN TAKE IT DOWN.

511 (BRIEF PAUSE.)
512 THE COURT:

MADAM REPORTER, HOW ARE YOU DOING? ALL RIGHT. WE ARE GOING TO TAKE A BRIEF RECESS AT THIS POINT. LADIES AND GENTLEMEN, PLEASE REMEMBER MY ADMONITION TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU, DON'T ALLOW ANYBODY TO COMMUNICATE WITH YOU REGARDING THIS CASE. WE ARE GOING TO TAKE A 15-MINUTE RECESS THIS MORNING. I'M GOING TO ASK YOU TO STEP BACK IN THE JURY ROOM, PLEASE. ALL RIGHT. WE WILL STAND IN RECESS FOR FIFTEEN.

Temperature

procedural

Key Quotes (4)

Tom Lange
DETECTIVE FUHRMAN STATED THAT HE BELIEVED THERE WAS BLOOD ON THE DOOR OF THE BRONCO.
The pivotal observation triggering the warrantless entry into the Rockingham property — Lange is laundering Fuhrman's statement through a 'subsequent conduct' exception after repeated hearsay objections.
Tom Lange
I FELT THAT SOMEONE INSIDE THAT HOUSE MAY BE THE VICTIM OF A CRIME, MAY BE BLEEDING OR WORSE. WE COULD RAISE NO ONE AT THE LOCATION SO WE DECIDED TO GO IN.
Lange's articulation of the exigent circumstances doctrine that legally justified the warrantless entry — a cornerstone of the prosecution's narrative on why the Rockingham evidence was admissible.
Tom Lange
HE SAID, 'I CAN GO OVER THE WALL.' I SAID, 'OKAY, GO.'
Lange confirms he personally authorized Fuhrman to breach the perimeter — directly implicating Lange in any subsequent chain-of-custody issues the defense would raise about Fuhrman's conduct on the property.
Tom Lange
I OBSERVED A PACKAGE WITH A LABEL ON IT, I BELIEVE, 'O.J. SIMPSON ENTERPRISES,' AND THE 'DAN MARINO FOUNDATION,' AND I BELIEVE IT WAS A SHOVEL IN THE BACK.
The shovel in the Bronco was potentially incriminating detail — a digging implement near a double-murder scene — though the defense would contest its significance.

Evidence (9)

People's 61
Private phone number for the LAPD West L.A. Division watch commander
Shown to Lange for identification; he confirms it as the number used by Detective Phillips to reach Westec security
People's 62, 62-A through 62-F
Photographs of the white Ford Bronco parked at the Rockingham gate on June 13, including close-up of reddish stain above the driver's side door handle
Lange identifies the stain as the same spot Fuhrman pointed out to him
People's 63 / 63-C
Photograph looking south from the intersection of Ashford and Rockingham, showing the Bronco partially visible at right
Lange marks his own position with an 'X' (annotated as 63-C); used to establish sightlines for observing Fuhrman's approach to the Bronco
People's 64
Photograph of the Ashford gate at 360 North Rockingham
Lange identifies the gate and indicates where the detectives parked
People's 66
Diagram or aerial photograph of the Rockingham property
Lange steps down to use a pointer, tracing the path all four detectives took from the Ashford gate to the front door, rear patio, and Kato Kaelin's guest room
Informal
Kato Kaelin's black Thunderbird, parked on Ashford just east of the Ashford gate
Lange identifies it from People's 64; had been determined to be registered to Kaelin
+ 3 more

Notable Exchanges (3)

Marcia ClarkJohnnie CochranLance A. Ito
Extended procedural skirmish over whether Fuhrman's report to Lange about blood on the Bronco could come in as non-hearsay. Cochran objected three times; Ito ultimately allowed it with a limiting instruction that the jury could only consider it to explain Lange's subsequent conduct.
strategic
Johnnie CochranLance A. Ito
Cochran objected that Lange's answer about 'two choices' (enter or leave) was incomplete — other options existed, like getting a warrant. Ito told him flatly: 'I'm sure you will tell him some others. Counsel, there is cross-examination.' Cochran: 'All right. I have to wait? Okay.' Ito: 'That is the way it normally works.'
lightly pointed
Marcia ClarkJohnnie Cochran
Off-the-record conference between counsel and then with the witness to work out the scope of Vannatter's statement to Lange — resulting in Cochran withdrawing his hearsay objection but characterizing the statement as 'probably double hearsay.'
procedural negotiation

Light Moments (2)

Lance A. Ito
A juror's calculator beeped during testimony. Ito paused the examination to investigate: 'Out of curiosity, what is that?' The juror identified it as 'a calculator, something like that.' Ito confirmed it was turned off and moved on.
Tom Lange
Ito twice interrupted to ask Lange to pull the microphone closer, saying jurors were signaling they couldn't hear. Lange complied both times and then addressed Clark with a courteous 'Yes. Miss Clark.'

Witness Demeanor

(WITNESS COMPLIES.) — adjusting microphone, twice
(NO AUDIBLE RESPONSE.) — momentary pause when asked about seniority and about what drew his attention outside the gate
(INDICATING) — repeated, while pointing at property diagram during walkthrough narration

Objections

12 objections (6 sustained, 5 overruled)
Proceeding 4895 • 512 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 FEB 21, 1995 📄 Direct examination of Det. Tom
FEB 21, 1995 KRT DvH TD