Direct examination of Det. Tom Lange (part 3)

📄 Direct examination of Det. Tom Lange (part 3) — Tuesday, February 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\21\DIRECT-EXAMINATION-OF-DET-TOM-.DOC

TRIAL

▲ Day 22 of 167

◀ Sidebar: Denise Brown statement Lunch recess ▶

Witness: Det. Tom Lange
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 21, 1995 • Utterances: 284

Detective Tom Lange continues his direct examination, walking through his early morning observations at both Rockingham and Bundy. Key testimony covers Fuhrman leading him to the glove behind Kato Kaelin's bungalow, the logistics of how detectives were dispatched between the two crime scenes, and detailed observations of Nicole Brown Simpson's body position and the condition of the Bundy crime scene.

# 1

THE COURT: PART OF THE 352 PROBLEM. (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 2 THE COURT:

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

# 3 MS. CLARK:

YES, YOUR HONOR. MAY I HAVE ONE MOMENT, PLEASE?

# 4 THE COURT:

CERTAINLY.

# 5 (BRIEF PAUSE.)

# 6 MS. CLARK:

THANK YOU, YOUR HONOR.

# 7 Q:

BY MS. CLARK: ALL RIGHT. YOU INDICATED THAT YOU ALLOWED MISS SIMPSON TO CALL A.C. COWLINGS?

# 8 A:

YES.

# 9 Q:

AND SHORTLY AFTER YOU ALLOWED HER TO MAKE THAT PHONE CALL, WHAT HAPPENED NEXT?

# 10 A:

MR. COWLINGS SHOWED UP, WAS SEEN A SHORT TIME AFTER THAT AT THE LOCATION.

# 11 Q:

AND WHAT HAPPENED AFTER THAT?

# 12 A:

IT WAS ABOUT THIS TIME THAT DETECTIVE FUHRMAN APPROACHED ME IN THE KITCHEN AREA AND STATED THAT --

# 13 MR. COCHRAN:

OBJECTION TO WHAT HE STATED. HEARSAY.

# 14 THE COURT:

SUSTAINED AT THIS POINT. HE WAS APPROACHED BY DETECTIVE FUHRMAN.

# 15 MS. CLARK:

YES.

# 16 Q:

BY MS. CLARK: DID HE ASK YOU TO DO SOMETHING?

# 17 A:

YES.

# 18 Q:

WHAT?

# 19 A:

HE ASKED ME TO ACCOMPANY HIM OUTSIDE AND TO THE REAR OF THE BUNGALOW AT THE LOCATION.

# 20 Q:

SO WHERE DID HE TAKE YOU?

# 21 A:

WE WALKED OUT THROUGH THE SUN ROOM THAT'S ADJACENT TO THE KITCHEN OUT ON THE FRONT DRIVEWAY, WALKED AROUND THE GARAGE TO A WALKWAY THAT BORDERS THE SOUTH SIDE OF THE PROPERTY, AND WE PROCEEDED EASTBOUND DOWN THE WALKWAY TO A POINT THAT APPEARED TO BE BEHIND AND SOUTH OF THE GUEST ROOM OF KATO KAELIN.

# 22 Q:

OKAY. CAN YOU DESCRIBE THE LOCATION AS IT APPEARED ON JUNE THE 13TH OF 1994?

# 23 A:

DESCRIBE IT AS A NARROW CEMENT WALKWAY WITH A HURRICANE-TYPE FENCE ON ONE SIDE WHICH WOULD BE THE SOUTH SIDE AND THE RESIDENCE ON THE NORTH SIDE. THERE WERE BUSHES AND TREES GROWING UP ALONG THE FENCE AND AGAIN APPEARED TO BE FAIRLY NARROW.

# 24 MR. FAIRTLOUGH:

PEOPLE'S 68-A.

# 25 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT'S SHOWN IN PEOPLE'S 68-A, SIR?

# 26 A:

YES. THAT APPEARS TO BE THE WALKWAY.

# 27 Q:

NOW, YOU DESCRIBED -- YOU SEE LEAVES ON THE GROUND HERE.

# 28 A:

YES.

# 29 Q:

AND IS THAT THE WAY IT LOOKED TO YOU ON JUNE THE 13TH?

# 30 A:

YES.

# 31 Q:

HOW ABOUT THE LIGHTING IN THAT AREA?

# 32 A:

IT WAS LIGHT OUTSIDE. BUT THE DIRECT AREA WAS MORE OR LESS SHROUDED WITH THE SHADOWS OF THE SHRUBBERY AND THE BUILDING.

# 33 Q:

SO WHAT WAS THE LIGHTING LIKE?

# 34 A:

WELL, AGAIN, IT WAS LIGHT OUTSIDE, BUT THE -- I WOULDN'T CALL IT EXCELLENT LIGHTING. CERTAINLY YOU COULD SEE, BUT IT WASN'T REALLY GOOD.

# 35 Q:

FAIRLY DARK?

# 36 A:

IT WAS BEGINNING TO GET LIGHT ABOUT THE TIME THAT I WAS THERE AND IT WAS DARKER THAN THE NORMAL I GUESS IF IT WERE IN THE MIDDLE OF THE DAY.

# 37 Q:

SO WHERE DID DETECTIVE FUHRMAN TAKE YOU ON THAT SOUTH SIDE PATH?

# 38 A:

HE TOOK ME DOWN TO A POINT JUST -- AS INDICATED IN THE PHOTOGRAPH HERE, THERE APPEARS TO BE A WALL AIR CONDITIONER COMING OUT OF THE LEFT SIDE OF THE WALL. THAT PARTICULAR AREA IS THE REAR OF KATO KAELIN'S GUEST ROOM. HE TOOK ME TO A POINT JUST THIS SIDE OF THE AIR CONDITIONER (INDICATING).

# 39 MR. FAIRTLOUGH:

PEOPLE'S 68-B.

# 40 Q:

BY MS. CLARK: ALL RIGHT. YOU INDICATED A LOCATION JUST THIS SIDE OF THE AIR CONDITIONER. DO YOU MEAN BY THAT JUST WEST OF THE AIR CONDITIONER?

# 41 A:

YES.

# 42 Q:

OKAY. AND THE PHOTOGRAPH THAT YOU'RE LOOKING AT NOW, 68-B?

# 43 MR. FAIRTLOUGH:

# 44 Q:

BY MS. CLARK: DO YOU RECOGNIZE THAT LOCATION?

# 45 A:

IT'S A PHOTOGRAPH LOOKING DOWN THAT WALKWAY IN AN EASTERLY DIRECTION TOWARDS THE AIR CONDITIONER.

# 46 MR. FAIRTLOUGH:

PEOPLE'S 68-C.

# 47 Q:

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

# 48 A:

YES. THAT'S A -- APPEARS TO BE A DARK BROWN OR BLACK LEATHER GLOVE THAT WAS POINTED OUT TO ME BY FUHRMAN.

KEY QUOTE

# 49 Q:

HOW CLOSE DID YOU GET TO THE GLOVE BEFORE YOU WERE ABLE TO SEE IT?

# 50 A:

APPROXIMATELY SIX FEET.

# 51 Q:

NOW, DO YOU RECALL -- STRIKE THAT. LET ME ASK YOU SOMETHING ELSE. THE GLOVE THAT'S SHOWN IN THIS PHOTOGRAPH, 68-C, IS THAT THE POSITION AND THE CONDITION IN WHICH YOU SAW IT?

# 52 A:

YES.

# 53 Q:

AND YOU GOT WITHIN SIX FEET OF IT BEFORE YOU WERE ABLE TO SEE IT?

# 54 A:

I HAD BEEN TOLD WHAT WE WERE GOING TO LOOK FOR, WHAT WE WERE GOING TO LOOK AT AND IT WAS PROBABLY SIX OR EIGHT, MAYBE 10 FEET BEFORE I COULD ACTUALLY DISTINGUISH WHAT IT WAS.

# 55 Q:

AND YOU WERE ACTIVELY LOOKING FOR IT AT THAT TIME I TAKE IT?

# 56 A:

YES.

# 57 Q:

NOW, IN ORDER TO GET BACK TO --

# 58 (BRIEF PAUSE.)

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

# 60 Q:

BY MS. CLARK: ALL RIGHT. DID YOU TOUCH THE GLOVE BY CHANCE?

# 61 A:

NO.

# 62 Q:

WHAT WAS THE CLOSEST YOU GOT TO IT?

# 63 A:

AGAIN, I THINK IT MUST HAVE BEEN APPROXIMATELY SIX FEET.

# 64 Q:

IN ORDER TO GET BACK ON THAT SOUTH SIDE OF THE PROPERTY, SIR, DID YOU HAVE TO PASS THROUGH ANY DOORS OR GATE?

# 65 A:

THERE WAS A GATE THAT APPEARED TO BE DILAPIDATED AND NOT NECESSARILY IN WORKING ORDER JUST WEST OF THERE.

# 66 Q:

HOW MANY GATES WERE THERE TO GET BACK TO THE AREA OF THE AIR CONDITIONER WHERE THE GLOVE WAS?

# 67 A:

THERE WERE NO GATE TO -- THERE WERE GATES TO WALK THROUGH, BUT NONE THAT WE HAD TO OPEN.

# 68 Q:

AND HOW MANY OF THOSE WERE THERE, OPEN GATES?

# 69 A:

I THINK THERE MIGHT HAVE BEEN TWO.

# 70 Q:

AND THEY WERE BOTH OPEN WHEN YOU WALKED BACK THERE?

# 71 A:

YES.

# 72 Q:

AFTER YOU SAW THE GLOVE, SIR, WHAT DID YOU DO?

# 73 A:

WALKED BACK TO THE FRONT OF THE LOCATION WHERE I MET WITH MY PARTNER, DETECTIVE VANNATTER.

# 74 Q:

WHERE WAS IT THAT YOU MET WITH HIM?

# 75 A:

SEEMS TO ME IT WAS IN THE DRIVEWAY IN FRONT OF THE LOCATION.

# 76 Q:

AND DID YOU HAVE A CONVERSATION WITH HIM THERE?

# 77 A:

YES. I --

# 78 MR. COCHRAN:

HE'S ANSWERED THE QUESTION.

# 79 Q:

BY MS. CLARK: DID HE TELL YOU TO DO SOMETHING?

# 80 A:

NO.

# 81 Q:

WHAT DID YOU DISCUSS?

# 82 MR. COCHRAN:

OBJECT TO THAT. CALLS FOR HEARSAY.

# 83 THE COURT:

SUSTAINED.

# 84 Q:

BY MS. CLARK: WHAT WAS THE TOPIC OF YOUR CONVERSATION?

# 85 MR. COCHRAN:

OBJECT, HEARSAY.

# 86 THE COURT:

SUSTAINED.

# 87 Q:

BY MS. CLARK: YOU HAD A DISCUSSION WITH DETECTIVE VANNATTER?

# 88 A:

YES.

# 89 Q:

WAS ANYONE ELSE PRESENT?

# 90 A:

I DON'T BELIEVE SO.

# 91 Q:

BASED ON YOUR CONVERSATION -- WELL, BASED ON YOUR CONVERSATION, WHAT DID YOU DO?

# 92 A:

I RETURNED TO THE BUNDY LOCATION IN A BLACK AND WHITE PATROL VEHICLE.

# 93 Q:

WHERE WERE DETECTIVE FUHRMAN AND DETECTIVE PHILLIPS WHEN YOU LEFT ROCKINGHAM TO GO BACK TO BUNDY?

# 94 A:

PRIOR TO THAT CONVERSATION, VANNATTER HAD SENT THEM BACK TO THE BUNDY LOCATION.

# 95 Q:

SO BEFORE YOU LEFT, DETECTIVE VANNATTER HAD ALREADY SENT DETECTIVE FUHRMAN --

# 96 MR. COCHRAN:

OBJECTION. ASKED AND ANSWERED.

# 97 THE COURT:

OVERRULED.

# 98 Q:

BY MS. CLARK: -- AND PHILLIPS BACK TO BUNDY?

# 99 A:

THAT'S CORRECT.

# 100 Q:

AND YOU LEFT HOW -- IF YOU KNOW, HOW LONG AFTER THEM DID YOU LEAVE?

# 101 A:

PROBABLY A MATTER OF MINUTES.

# 102 Q:

HOW DID YOU GO BACK SINCE YOU AND PHILLIPS CAME BACK IN ONE CAR?

# 103 MR. COCHRAN:

ASKED AND ANSWERED. BLACK AND WHITE.

# 104 THE COURT:

SUSTAINED.

# 105 MS. CLARK:

I DIDN'T HEAR IT.

# 106 THE COURT:

THAT'S WHAT HE SAID.

# 107 DET. TOM LANGE:

BLACK AND WHITE, YES.

# 108 MS. CLARK:

IT'S TRUE. OKAY.

# 109 Q:

BY MS. CLARK: NOW, DO YOU KNOW WHETHER OR NOT -- DO YOU KNOW WHAT DETECTIVE FUHRMAN AND DETECTIVE PHILLIPS WERE SUPPOSED TO DO BACK AT BUNDY?

# 110 MR. COCHRAN:

YOUR HONOR, I OBJECT. CALLS FOR SPECULATION. CALLS FOR HEARSAY, WHAT WERE THEY SUPPOSED TO DO.

# 111 THE COURT:

SUSTAINED.

# 112 MS. CLARK:

I'M ASKING IF HE KNOWS.

# 113 THE COURT:

THAT'S NOT THE WAY THE QUESTION STARTED OUT. REPHRASE THE QUESTION.

# 114 Q:

BY MS. CLARK: OKAY. DO YOU KNOW -- DO YOU KNOW WHETHER DETECTIVE FUHRMAN AND DETECTIVE PHILLIPS, WHAT THEY WERE SUPPOSED TO DO BACK AT BUNDY?

# 115 A:

YES.

# 116 Q:

AND WHAT WAS THAT?

# 117 MR. COCHRAN:

OBJECT TO, HEARSAY.

# 118 THE COURT:

OVERRULED.

# 119 MR. COCHRAN:

SPECULATIVE.

# 120 THE COURT:

OVERRULED.

# 121 MR. COCHRAN:

OBJECTION.

# 122 THE COURT:

OVERRULED.

# 123 DET. TOM LANGE:

THEY WERE GOING TO COMPARE THE APPEARANCE OF THE GLOVE AT BUNDY TO THE APPEARANCE OF THE GLOVE AT ROCKINGHAM TO SEE IF IN FACT IT MAY BE A MATCH.

KEY QUOTE

# 124 Q:

BY MS. CLARK: SO WHEN YOU LEFT IN THE BLACK AND WHITE TO GO TO BUNDY, WHAT DID DETECTIVE VANNATTER DO?

# 125 MR. COCHRAN:

CALLS FOR SPECULATION, YOUR HONOR. HOW WOULD HE KNOW? HE LEFT.

# 126 THE COURT:

NO. IT SAYS WHEN HE -- WHEN HE LEFT.

# 127 MR. COCHRAN:

WHAT DID HE DO.

# 128 THE COURT:

WHICH I ASSUME AS HE WAS LEAVING, HE CAN TELL US WHAT --

# 129 MR. COCHRAN:

WELL, YOUR HONOR, I THINK IT SOUNDS LIKE THE FUTURE TO ME; WHAT DID HE DO. BUT I'LL DEFER TO YOUR JUDGMENT.

# 130 THE COURT:

WELL, THANK YOU.

# 131 DET. TOM LANGE:

HE REMAINED AT THE LOCATION.

# 132 Q:

BY MS. CLARK: ABOUT WHAT TIME WAS IT WHEN YOU LEFT IN THE BLACK AND WHITE?

# 133 A:

APPROXIMATELY 6:45 A.M.

# 134 Q:

ALL RIGHT. WHEN YOU ARRIVED BACK AT 875 SOUTH BUNDY, SIR, DID YOU SEE DETECTIVE PHILLIPS OR DETECTIVE FUHRMAN THERE?

# 135 A:

YES.

# 136 Q:

AND WHERE WERE THEY?

# 137 A:

THEY WERE IN THE FRONT OF THE LOCATION.

# 138 Q:

DID YOU HAVE SOME CONTACT WITH THEM?

# 139 A:

YES.

# 140 Q:

WHO DID YOU CONTACT?

# 141 A:

DETECTIVE PHILLIPS.

# 142 Q:

AND FOR WHAT PURPOSE, SIR?

# 143 A:

I ASKED DETECTIVE PHILLIPS TO CONTACT THE L.A. COUNTY CORONER'S OFFICE TO MAKE A FIRST CALL NOTIFICATION.

# 144 Q:

SO THAT WAS -- WAS THAT RIGHT AWAY AFTER YOU GOT BACK TO BUNDY?

# 145 MR. COCHRAN:

OBJECTION TO RIGHT AWAY. OBJECT TO THE FORM OF THE QUESTION.

# 146 THE COURT:

OVERRULED.

# 147 DET. TOM LANGE:

YES.

# 148 Q:

BY MS. CLARK: WHAT DO YOU MEAN BY FIRST NOTIFICATION?

# 149 A:

FIRST NOTIFICATION OF THE CORONER'S OFFICE INDICATES A -- BASICALLY WHAT WE HAVE IN THE FIELD AS FAR AS NUMBER OF VICTIMS, A GENERAL RUNDOWN ON ANY INFORMATION WE HAVE AND A POSSIBLE TIME ESTIMATE AND WHEN WE REQUIRE THEM TO BE AT THE LOCATION.

# 150 Q:

WHAT'S THE PURPOSE OF THAT?

# 151 A:

THE PURPOSE OF THAT IS TO ALLOW THE CORONER'S OFFICE TO HAVE PERSONNEL AVAILABLE WHEN THEY'RE NEEDED.

# 152 Q:

WHAT DO YOU MEAN? WHY WOULDN'T THEY BE?

# 153 MR. COCHRAN:

OBJECTION. CALLS FOR SPECULATION. THE CORONER'S BUDGET IS NOT RELEVANT TO THIS CASE.

# 154 THE COURT:

CAN YOU NARROW -- LET'S NARROW IT DOWN. CAN YOU NARROW DOWN YOUR QUESTION? IT COULD BE A JILLION THINGS.

# 155 MS. CLARK:

I AGREE. NO. I JUST COULDN'T HEAR, YOUR HONOR.

# 156 THE COURT:

CAN YOU NARROW IT DOWN A LITTLE?

# 157 MS. CLARK:

YES. YES, YOUR HONOR.

# 158 THE COURT:

REPHRASE YOUR QUESTION.

# 159 MS. CLARK:

YES.

# 160 Q:

BY MS. CLARK: YOU INDICATED I THINK TO MINIMIZE DELAY IN THE RESPONSE OF THE CORONER'S OFFICE?

# 161 A:

WELL, THAT MAY BE ONE OF THE REASONS. THEY NEED TO DEPLOY THEIR PEOPLE PROPERLY. I DON'T THINK THEY COULD SEND OUT -- THEY NEED TIME TO PROPERLY HAVE PEOPLE AVAILABLE, HAVE EQUIPMENT AVAILABLE TO RESPOND TO HOMICIDES. IF WE WERE TO WAIT UNTIL THE LAST MOMENT AND OKAY, WE NEED YOU KNOW, THERE'S A POSSIBILITY THAT WE COULDN'T GET ANYONE TO RESPOND BECAUSE THEY WOULD BE TIED UP ELSEWHERE. THEY NEED TO BE CONCERNED WITH THEIR DEPLOYMENT.

# 162 Q:

OKAY. WHAT'S YOUR CONCERN? WHY DO YOU MAKE FIRST NOTIFICATION AND NOT TELL THEM TO COME STRAIGHT OUT TO THE SCENE?

# 163 A:

BECAUSE I AM CERTAINLY CONCERNED FOR THEIR DEPLOYMENT ALSO. HOWEVER, I DON'T TELL THEM TO COME TO THE SCENE BECAUSE I HAVE WORK TO DO.

# 164 Q:

WHAT WORK IS THAT?

# 165 A:

INVESTIGATING THE CRIME SCENE PRIOR TO THE REMOVAL OF THE BODIES.

# 166 Q:

WHY DON'T YOU WANT THE BODIES REMOVED? WHAT ARE YOU GOING TO DO WITH THE BODIES?

# 167 A:

WELL, PRIOR TO THEM BEING REMOVED, I NEED TO PHOTOGRAPH AND MEASURE THE BODIES IN POSITION RELEVANT TO THE OTHER EVIDENCE AT THE CRIME SCENE. I NEED TO EXAMINE THE BODIES WITHOUT TOUCHING THEM. I NEED TO BASICALLY DO A CRIME SCENE INVESTIGATION FIRSTLY WITH THE BODIES IN POSITION.

# 168 Q:

OKAY. AND SO DO YOU -- HOW DO YOU PRESERVE OR DOCUMENT THE POSITION OF ALL THE EVIDENCE AND THE BODIES BEFORE THE CORONER COMES?

# 169 A:

DOCUMENT OBSERVATIONS, TAKE PHOTOGRAPHS, MEASUREMENTS.

# 170 Q:

OKAY. YOU'VE SEEN THE PHOTOGRAPHS TAKEN IN THIS CASE; IS THAT RIGHT?

# 171 A:

YES.

# 172 Q:

IN SOME PHOTOGRAPHS, WE SEE NUMBERS, NUMBER TAGS BY EACH OF THE ITEMS OF EVIDENCE AND IN OTHER PHOTOGRAPHS WE DON'T. CAN YOU TELL US WHY THAT IS?

# 173 A:

THE PHOTOGRAPHS THAT DO NOT HAVE TAGS WERE TAKEN WITH THE BODIES IN POSITION. THE PHOTOGRAPHS WITH THE TAGS ARE TAKEN UNDER THE DIRECTION OF THE CRIMINALIST WITH THE PHOTOGRAPHER SUBSEQUENT TO THE REMOVAL OF THE BODIES IN THOSE CASES.

# 174 Q:

NOW, IN THIS CASE, SIR, IF YOU KNOW, WHEN YOU FIRST GOT TO THE SCENE AT BUNDY AT ABOUT 4:30 IN THE MORNING, WAS THE PHOTOGRAPHER ALREADY THERE?

# 175 A:

YES.

# 176 Q:

IF YOU KNOW, WERE ANY PHOTOGRAPHS TAKEN BEFORE YOUR ARRIVAL?

# 177 A:

YES.

# 178 Q:

DID HE REMAIN THERE AT THE BUNDY LOCATION, THE PHOTOGRAPHER THAT IS? SO HE REMAINED THERE WHEN THE FOUR OF YOU LEFT TO GO TO ROCKINGHAM AT ABOUT 5:00 IN THE MORNING?

# 179 A:

YES.

# 180 Q:

NOW, WHEN YOU GOT BACK TO BUNDY, DID YOU HAVE ANY FURTHER INVOLVEMENT WITH THE PHOTOGRAPHER AT BUNDY?

# 181 A:

YES. I DIRECTED THE PHOTOGRAPHER TO TAKE SOME SHOTS OF THE CRIME SCENE.

# 182 Q:

AND WHERE DID YOU DIRECT HIM TO GO?

# 183 A:

IN THE IMMEDIATE VICINITY OF THE BODIES.

# 184 Q:

DID YOU DIRECT HIS ATTENTION TO ANY PARTICULAR PIECES OF EVIDENCE OR LOCATIONS OF THE CRIME SCENE?

# 185 A:

DIRECTED HIS ATTENTION TO PIECES OF EVIDENCE WITHIN THE CRIME SCENE, THE BODIES THEMSELVES, POSITIONING OF THE BODIES, EVIDENCE THAT I OBSERVED ON THE BODIES, THEIR RELATIVE OVERALL DISTANCES TO OTHER OBJECTS AT THE SCENE.

# 186 Q:

WHERE DID YOU BEGIN WITH YOUR OBSERVATIONS AND THE DIRECTING OF THE PHOTOGRAPHY, IF YOU RECALL?

# 187 A:

AT THE BODIES.

# 188 Q:

OKAY. DO YOU REMEMBER WHICH ONE YOU BEGAN WITH?

# 189 A:

YES. I BEGAN WITH NICOLE BROWN SIMPSON.

# 190 Q:

NOW, ON THE DATE OF JUNE THE 13TH, WHEN YOU WERE CONDUCTING THE INVESTIGATION, SIR, CAN YOU TELL US WHAT WAS THE VISIBILITY OF THE BODY OF NICOLE BROWN FROM THE STREET AREA?

# 191 A:

ONCE IT BECAME LIGHT, IT WAS VERY VISIBLE.

# 192 Q:

WHEN YOU FIRST RESPONDED TO THE LOCATION AT 4:30 IN THE MORNING, WAS IT LIGHT?

# 193 A:

NO.

# 194 Q:

AND WHAT WAS THE VISIBILITY OF HER BODY FROM THE STREET AREA AT THAT TIME WHEN YOU FIRST CAME TO THE SCENE AT 4:30?

# 195 A:

NOT GOOD AT ALL.

# 196 Q:

WHEN YOU SAY "NOT GOOD AT ALL," COULD YOU AMPLIFY A LITTLE BIT.

# 197 A:

UNLESS YOU KNEW WHAT YOU WERE LOOKING FOR, YOU NIGHT HAVE A HARD TIME --

# 198 MR. COCHRAN:

OBJECTION. THIS IS SPECULATIVE. WITHOUT FURTHER FOUNDATION, IT'S SPECULATIVE. THERE'S NO FOUNDATION.

# 199 THE COURT:

OVERRULED.

# 200 Q:

BY MS. CLARK: GO AHEAD.

# 201 A:

UNLESS ONE KNEW WHAT THEY WERE LOOKING FOR, IT MAY BE VERY DIFFICULT TO JUST SEE THE BODY FROM THE STREET OR THE SIDEWALK.

KEY QUOTE

# 202 Q:

NOW, IS THE LOCATION OF 875 SOUTH BUNDY IN TERMS OF THE FOLIAGE ANY DIFFERENT NOW AND ON THE DATE OF THE JURY WALK-THROUGH ON FEBRUARY 12TH THAN IT WAS ON THE NIGHT OF JUNE THE 13TH?

# 203 MR. COCHRAN:

YOUR HONOR, OBJECT TO THE FORM OF THE QUESTION. I NEED TO -- MAY I HAVE JUST A SECOND?

# 204 THE COURT:

CERTAINLY.

# 205 MR. COCHRAN:

I'LL WITHDRAW THE OBJECTION.

# 206 THE COURT:

THANK YOU. YOU CAN ANSWER THE QUESTION.

# 207 DET. TOM LANGE:

THE FOLIAGE APPEARS TO BE LIGHTER NOW THAN IT WAS BACK IN JUNE. THERE DOESN'T APPEAR TO BE AS MUCH OF IT.

# 208 Q:

BY MS. CLARK: ANY SPECIFIC AREA THAT YOU HAVE IN MIND?

# 209 A:

THE AREA DIRECTLY TO THE NORTH OF THE WALKWAY AT THE LOCATION.

# 210 Q:

OKAY.

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

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

# 213 MS. CLARK:

YOUR HONOR, I HAVE A PHOTOGRAPH HERE, ASK TO BE MARKED AS --

# 214 THE COURT:

NEXT IN ORDER, 79.

# 215 MS. CLARK:

THANK YOU, YOUR HONOR. 79.

# 216 (PEO'S 79 FOR ID = PHOTOGRAPH)

# 217 Q:

BY MS. CLARK: ALL RIGHT, SIR. DO YOU RECOGNIZE THE LOCATION BEING SHOWN HERE?

# 218 A:

YES.

# 219 Q:

WHAT IS IT?

# 220 A:

THAT'S THE FRONT OF 875 SOUTH BUNDY.

# 221 THE COURT:

ALL RIGHT. MISS CLARK, I'M GOING TO ALLOW THE VIDEO FEED OF THIS PHOTOGRAPH.

# 222 MS. CLARK:

YEAH. THIS ONE'S OKAY.

# 223 DET. TOM LANGE:

LOOKING AT A WESTERLY DIRECTION.

# 224 Q:

BY MS. CLARK: UH-HUH. AND DOES THIS DEPICT THE WAY THE LOCATION LOOKED ON JUNE THE 13TH?

# 225 A:

YES.

# 226 Q:

NOW, YOU WERE SAYING THAT SOME OF THE FOLIAGE IS -- WAS HEAVIER THEN THAN IT IS NOW?

# 227 A:

YES.

# 228 Q:

CAN YOU TELL US -- DIRECT THE POINTER TO THE AREA THAT YOU'RE REFERRING TO?

# 229 A:

TO THE RIGHT. UP, UP (INDICATING). THIS FOLIAGE IN THIS ENTIRE AREA HERE, IF YOU CIRCLE THAT ARROW IN THAT ENTIRE AREA, AND APPEARS TO BE LIGHTER TODAY THAN BACK THEN.

# 230 Q:

IS THAT THE AREA YOU WERE REFERRING TO, SIR?

# 231 A:

WELL, ACTUALLY A LARGER -- THAT WHOLE -- THAT WHOLE AREA THERE, YES.

# 232 Q:

OKAY. IF YOU COULD DIRECT THE PERSON TO --

# 233 THE COURT:

ARE YOU TALKING ABOUT THAT WHOLE TREE THAT APPEARS TO BE THERE?

# 234 DET. TOM LANGE:

YES, YOUR HONOR. THAT GENERAL AREA JUST -- IT'S STILL THERE. IT JUST APPEARS TO BE THINNER THAN -- TODAY THAN IT WAS BACK THEN.

# 235 THE COURT:

MISS CLARK, ARE YOU GOING TO SHOW US NEXT A PHOTO ON OR ABOUT THE DATE OF THE JURY VIEW?

# 236 MS. CLARK:

WE WILL, BUT WE DON'T HAVE IT READY TODAY.

# 237 THE COURT:

ALL RIGHT.

# 238 MS. CLARK:

SO IF WE COULD CIRCLE --

# 239 Q:

BY MS. CLARK: IS IT THE LEFT HAND -- AS YOU FACE THE PHOTOGRAPH, DETECTIVE LANGE, IS IT THE LEFT SIDE OF THAT TREE?

# 240 THE COURT:

WELL, MISS CLARK, FORGIVE ME FOR INTERRUPTING YOU. I DON'T MEAN TO TRY YOUR CASE FOR YOU. BUT IF WE DO THAT, WE'LL OBSCURE SOME OF THE DETAIL OF THE TREE ITSELF. PERHAPS IF IT'S JUST THE TREE OR THE FOLIAGE BETWEEN THE PALM TREE AND WHAT APPEARS TO BE A STREET STANDARD, IF WE CAN AGREE THAT'S WHAT HE'S TALKING ABOUT SO WE DON'T OBSCURE THE DETAIL OF WHAT'S THERE.

# 241 MS. CLARK:

YES. NO. I APPRECIATE THAT, YOUR HONOR. THANK YOU, YOUR HONOR.

# 242 Q:

BY MS. CLARK: WOULD THAT BE AN ACCURATE DESCRIPTION, SIR?

# 243 A:

I AM SORRY. WHAT?

# 244 Q:

THE AREA BETWEEN -- OF THE TREE BETWEEN THE PALM TREE AND THE STREET LAMP, IS THAT THE AREA?

# 245 A:

YES. BASICALLY, IT APPEARS TO BE MORE THINNED OUT, YES.

# 246 Q:

TODAY THAN IT WAS THEN?

# 247 A:

YES.

# 248 Q:

OKAY. ALL RIGHT. DID YOU DIRECT THE PHOTOGRAPHER TO BEGIN WITH THE PHOTOGRAPHS OF THE BODY OF NICOLE BROWN?

# 249 A:

YES.

# 250 Q:

AND AFTER HE COMPLETED THOSE PHOTOGRAPHS, WHAT DID YOU DO?

# 251 A:

I CONTINUED TO MAKE OBSERVATIONS, DOCUMENT OBSERVATIONS OF THE BODY.

# 252 Q:

AND WHAT OBSERVATIONS DID YOU MAKE?

# 253 A:

I OBSERVED THE VICTIM TO BE LYING ON HER LEFT SIDE, APPEARED TO BE IN A -- WHAT I WOULD TERM A SEMI-FETAL POSITION. THE HEAD WAS IN A NORTH BY NORTHEASTERLY DIRECTION. THE RIGHT ARM APPEARED TO BE BENEATH THE BODY. THE LEFT ARM AND HAND WERE EXTENDED FROM BENEATH THE BODY IN WHAT I WOULD TERM A SO-CALLED DEATH GRIP OR CADERVERIC SPASM.

# 254 THE COURT:

CAN YOU SPELL THAT?

# 255 DET. TOM LANGE:

C-A-D-E-R-V-E-R-I-C I BELIEVE.

# 256 Q:

BY MS. CLARK: NOW, DID YOU OBSERVE WHETHER SHE HAD ANY JEWELRY ON HER?

# 257 A:

YES.

# 258 Q:

WHAT DID SHE HAVE?

# 259 A:

OBSERVED A APPEARED TO BE A THUMB RING ON THE LEFT THUMB IN THE GRIP OF HER HAND THAT I JUST DESCRIBED. THERE WAS A WRISTWATCH, EARRINGS.

# 260 Q:

WERE THOSE -- DID YOU HAPPEN TO NOTICE WHETHER SHE WAS WEARING ANY SHOES?

# 261 A:

SHE HAD NO SHOES ON HER FEET.

# 262 Q:

DID YOU HAPPEN TO NOTICE THE BOTTOM OF HER FEET AT ALL AS TO WHETHER THERE WAS BLOOD ON THEM?

# 263 A:

THE BOTTOM OF HER FEET WERE CLEAN. THERE DIDN'T APPEAR TO BE ANY BLOOD.

# 264 Q:

AND COULD YOU TELL US WHAT THE POSITION OF HER LEGS -- THE POSITION -- STRIKE THAT. I NEED LUNCH.

# 265 MR. COCHRAN:

YOUR HONOR, MAY WE APPROACH A MOMENT?

# 266 MS. CLARK:

MAY I JUST COMPLETE THIS LAST QUESTION AND THEN --

# 267 THE COURT:

MISS CLARK.

# 268 Q:

BY MS. CLARK: YOU INDICATED THAT THERE WAS -- LET ME USE A PICTURE INSTEAD.

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

# 270 Q:

BY MS. CLARK: LET ME ASK YOU THIS, SIR. IN THE FRONT OF THE LOCATION OF BUNDY, I THINK YOU INDICATED THAT THERE'S A FENCE PORTION ON THE SOUTH SIDE OF THE WALKWAY THAT LEADS FROM THE SIDEWALK UP TO THE FRONT STEPS AND THAT --

# 271 A:

YES.

# 272 Q:

I AM SORRY?

# 273 A:

THERE'S A STATIONARY GATE AT THAT LOCATION.

# 274 Q:

RIGHT. WHERE WAS NICOLE BROWN'S BODY PLACED IN RELATIONSHIP TO THAT STATIONARY GATE THAT IS TO THE SOUTH OF THE FRONT WALKWAY?

# 275 A:

THE BODY POSITION FOR THE MOST PART WAS TO THE NORTH OF THAT LOCATION ON THE WALKWAY. HOWEVER, THE LEGS WERE BENEATH THE LOWER RUNG OF THAT GATE.

# 276 MR. COCHRAN:

MAY WE APPROACH NOW, YOUR HONOR?

# 277 MS. CLARK:

MAY I ALLOW THE WITNESS TO FINISH HIS ANSWER BEFORE WE APPROACH?

# 278 THE COURT:

ALL RIGHT. DID YOU FINISH YOUR ANSWER, DETECTIVE?

# 279 DET. TOM LANGE:

I WAS JUST GOING TO SAY THE LEGS WERE BENEATH THE LOWER RUNG AND THE FEET WERE IN A MORE OR LESS A SOUTHERLY DIRECTION.

# 280 Q:

BY MS. CLARK: A SOUTHERLY DIRECTION?

# 281 A:

YES.

# 282 THE COURT:

ALL RIGHT. IS THIS A GOOD TIME TO BREAK?

# 283 MS. CLARK:

SURE.

# 284 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THE NOON HOUR AT THIS TIME. PLEASE REMEMBER ALL MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T ALLOW ANYBODY TO COMMUNICATE WITH YOU WITH REGARD TO THE CASE, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. AND, COUNSEL, I'LL SEE YOU BACK HERE AT 1:30. ALL RIGHT. AND LET ME SEE COUNSEL WITHOUT THE COURT REPORTER, PLEASE.

Temperature

procedural

Key Quotes (4)

Tom Lange

THAT'S A -- APPEARS TO BE A DARK BROWN OR BLACK LEATHER GLOVE THAT WAS POINTED OUT TO ME BY FUHRMAN.

Lange's first-hand account of discovering the Rockingham glove, establishing Fuhrman as the one who directed his attention to it.

Tom Lange

THEY WERE GOING TO COMPARE THE APPEARANCE OF THE GLOVE AT BUNDY TO THE APPEARANCE OF THE GLOVE AT ROCKINGHAM TO SEE IF IN FACT IT MAY BE A MATCH.

Establishes that Fuhrman and Phillips were sent back to Bundy specifically to compare the two gloves, central to the prosecution's glove evidence theory.

Tom Lange

THE LEFT ARM AND HAND WERE EXTENDED FROM BENEATH THE BODY IN WHAT I WOULD TERM A SO-CALLED DEATH GRIP OR CADERVERIC SPASM.

Forensic detail about Nicole's body position, indicating she may have clutched something at the moment of death.

Tom Lange

UNLESS ONE KNEW WHAT THEY WERE LOOKING FOR, IT MAY BE VERY DIFFICULT TO JUST SEE THE BODY FROM THE STREET OR THE SIDEWALK.

Establishes poor visibility at Bundy at 4:30 AM, relevant to timeline and witness accounts.

Evidence (4)

People's 68-A

Photograph of the narrow walkway on the south side of Rockingham property

introduced and discussed

People's 68-B

Photograph looking eastward down the south-side walkway toward the air conditioner

introduced and discussed

People's 68-C

Photograph of the dark brown or black leather glove found behind Kato Kaelin's guest room

introduced and discussed

People's 79

Photograph of the front of 875 South Bundy showing foliage condition as of June 13, 1994

introduced and discussed; used to compare foliage density then vs. at time of jury walk-through

Notable Exchanges (3)

Lance A. Ito•Marcia Clark

Judge Ito intervenes to suggest a cleaner way to describe the foliage area on People's 79, noting that circling it would obscure detail — essentially helping Clark frame her own evidence.

collaborative, slightly unusual

Johnnie Cochran•Lance A. Ito

Cochran objects repeatedly in rapid succession to Lange's testimony about what Fuhrman and Phillips were supposed to do at Bundy; Ito overrules all three consecutive objections.

strategic, persistent

Johnnie Cochran•Lance A. Ito

Cochran objects to Clark's question about what Vannatter did after Lange left, arguing it calls for speculation about the future; Ito pushes back and thanks Cochran sarcastically when he defers.

tense, mildly pointed

Light Moments (3)

Marcia Clark

Clark loses her train of thought mid-question about Nicole's leg position and says 'Strike that. I need lunch.' drawing an implicit laugh before Cochran immediately moved to approach the bench.

Lance A. Ito

Ito asks Lange to spell 'caderveric' from the bench; Lange spells it out letter by letter.

Lance A. Ito

After Cochran defers to Ito's judgment on an objection ruling, Ito responds dryly: 'Well, thank you.'

Credibility Attacks (1)

⚔ Mark Fuhrman

implication through hearsay blocks

Cochran repeatedly objected to Lange relaying anything Fuhrman said or communicated, preventing the jury from hearing Fuhrman's role in directing the glove discovery through Lange's narration — effectively keeping Fuhrman's conduct at arm's length from the record.

Witness Demeanor

(INDICATING) — witness gestures to locations on photographs multiple times

Witness is measured, precise, and professional throughout; no emotional breaks

Corrects himself on distance estimate ('six or eight, maybe 10 feet') without prompting

Objections

16 objections (7 sustained, 5 overruled)

Proceeding 4909 • 284 utterances • Prosecution witness

Criminal Trial

Department 103