Direct examination of Det. Tom Lange (part 5)

📄 Direct examination of Det. Tom Lange (part 5) — 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 4) Sidebar: opinion evidence ▶

Witness: Det. Tom Lange
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 21, 1995 • Utterances: 241

Detective Lange continues his direct examination with Marcia Clark, walking through measurements, photographs, and physical evidence collected at the Bundy crime scene. Lange identifies the positions of Goldman's body relative to two wooden stumps, a pager, an envelope containing prescription glasses, the left-hand glove, a dark blue ski cap, and a set of keys near Goldman's foot. The examination concludes at a sidebar after Cochran objects to Lange speculating about what the keys' location indicates.

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

# 2 DET. TOM LANGE:

AND I MEASURED THE DISTANCE FROM THE FOREHEAD OF MR. GOLDMAN TO THE TOP OF THE HEAD OF VICTIM SIMPSON.

# 3 Q:

BY MS. CLARK: AND WHAT WAS THE DISTANCE BETWEEN THE FOREHEAD OF RON GOLDMAN AND THE TOP OF THE HEAD OF MS. BROWN?

# 4 A:

FOUR FEET TEN INCHES.

# 5 Q:

CAN YOU DESCRIBE WHETHER OR NOT RON GOLDMAN WAS -- RON GOLDMAN'S BODY WAS FOUND ON TOP OF ANY OBJECT OR WAS IT LYING FLAT ON THE DIRT?

# 6 A:

HE APPEARED TO BE LYING ON HIS RIGHT SIDE ON TOP OF A STUMP, A WOOD STUMP.

# 7 MR. FAIRTLOUGH:

YOUR HONOR, MAY THIS NEXT PHOTOGRAPH BE MARKED PEOPLE'S NEXT IN ORDER, PEOPLE'S 81?

# 8 THE COURT:

PEOPLE'S 81.

# 9 (PEO'S 81 FOR ID = PHOTOGRAPH)

# 10 Q:

BY MS. CLARK: ALL RIGHT. IF YOU COULD DESCRIBE FOR US, SIR, WHAT ARE WE LOOKING AT HERE?

# 11 A:

THAT IS A PHOTOGRAPH OF THE AREA WHERE MR. GOLDMAN HAD BEEN LYING ONCE HE WAS REMOVED. IT IS LOOKING NORTH BY NORTHWESTERLY. IT SHOWS WHAT APPEARS TO BE TWO STUMPS.

# 12 THE COURT:

ALL RIGHT. MISS CLARK, I'M GOING TO RELEASE THE FEED ON THIS.

# 13 MS. CLARK:

OKAY.

# 14 THE COURT:

LET ME KNOW IF THERE IS SOMETHING ELSE THAT IS COMING UP, MR. FAIRTLOUGH.

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

# 16 Q:

BY MS. CLARK: IF YOU COULD DIRECT THE ARROW, SIR, TO WHAT YOU ARE TALKING ABOUT AS TO WHERE THOSE STUMPS ARE.

# 17 A:

OKAY. IF YOU BRING IT TO THE RIGHT A LITTLE BIT, COME DOWN RIGHT BELOW, THERE IS A STUMP RIGHT UP A LITTLE. IF YOU GO UP TO THE CARD, RIGHT BELOW THAT AREA SHOULD BE ONE STUMP. IT IS A LITTLE DIFFICULT FOR ME TO SEE HERE.

# 18 Q:

YOU BELIEVE THAT IS THE GENERAL AREA?

# 19 A:

THAT LOOKS LIKE THE GENERAL AREA, YES.

# 20 Q:

OKAY. LEAVE AN ARROW THERE.

# 21 Q:

AND THE --

# 22 A:

ANOTHER ONE IS DOWN A LITTLE LOWER TO THE LEFT, LEFT, A LITTLE MORE, DOWN, DOWN, RIGHT IN THAT AREA THERE, (INDICATING), IS A SECOND STUMP.

# 23 Q:

ALL RIGHT. AND THEN YOU HAVE -- CAN YOU TELL US WHERE THE BODY OF RON GOLDMAN WAS IN RELATION TO THESE TWO STUMPS?

# 24 A:

THE FRONT PORTION OF THE BODY WAS LYING JUST TO THE REAR OF HER, BEHIND THE FORWARD STUMP, AND I BELIEVE HIS -- SOME PART OF HIS BACK WAS LYING ACROSS THE SMALLER STUMP TO THE TOP OF THE PHOTOGRAPH.

# 25 Q:

KIND OF IN BETWEEN THOSE TWO POINTS THEN?

# 26 A:

MORE OR LESS.

# 27 Q:

OKAY. DID YOU TAKE ANY MEASUREMENTS OF -- FROM THE LOWER AND UPPER STUMP TO THE EDGE OF THE WALKWAY OR THAT STAIRWAY WALL THAT YOU SEE IN THE LEFT-HAND PORTION OF THE PHOTOGRAPH?

# 28 A:

YES.

# 29 Q:

OKAY. THAT WHITE -- THAT WHITE CEMENT-LOOKING AREA IN THE LOWER LEFT-HAND PORTION OF THE PHOTOGRAPH, SIR --

# 30 A:

YES.

# 31 Q:

-- WHAT IS THAT?

# 32 A:

THAT IS THE STAIRWELL -- THE WALL THAT IS TO THE NORTH SIDE OF THE STAIRWELL LEADING UP TO THE FRONT OF THE RESIDENCE.

# 33 Q:

ALL RIGHT. IF YOU COULD TELL US, FIRST OF ALL, WHAT IS THE MEASUREMENT THAT YOU MADE OF THE NORTH STUMP, THAT WOULD BE THE ONE UP AT THE TOP OF THE PHOTOGRAPH TO THE EDGE OF THE WALKWAY? WHAT WAS THAT DISTANCE?

# 34 A:

I HAVEN'T COMMITTED THOSE MEASUREMENTS TO MEMORY, IF I COULD SEE A SCHEMATIC.

# 35 Q:

YES. REFRESH YOUR MEMORY?

# 36 A:

I DON'T HAVE THAT WITH ME.

# 37 Q:

IT IS NOT ON THAT?

# 38 A:

NO, THESE AREN'T THE STUMP MEASUREMENTS.

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

# 40 MR. FAIRTLOUGH:

MAY A PRINT OF THE SCREEN IMAGE BE MARKED PEOPLE'S 81-A?

# 41 THE COURT:

81-A.

# 42 (PEO'S 81-A FOR ID = PHOTOGRAPH/COMPUTER PRINT)

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

# 44 Q:

BY MS. CLARK: ALL RIGHT. SHOWING YOU THE DIAGRAM THAT YOU MADE BACK IN NOVEMBER OF 1994, CAN YOU TELL US, SIR, IF THAT HELPS TO REFRESH YOUR MEMORY AS TO THE MEASUREMENTS OF THOSE STUMPS THAT YOU'VE JUST IDENTIFIED?

# 45 A:

YES.

# 46 Q:

FIRST OF ALL, WITH RESPECT TO THE NORTH STUMP THAT IS AT THE TOP OF THE PHOTOGRAPH NOW BEING SHOWN, CAN YOU TELL US WHAT MEASUREMENT YOU MADE?

# 47 A:

YES. THE NORTH STUMP WAS THREE FEET EIGHT INCHES SOUTH TO THE WALKWAY.

# 48 Q:

SO FROM THAT LOWER STUMP TO THE EDGE OF THE WALKWAY WAS THREE FEET EIGHT INCHES?

# 49 A:

YES.

# 50 Q:

AND WHAT MEASUREMENT DID YOU MAKE, IF ANY, OF THE SOUTH STUMP TO THE EDGE OF THE WALKWAY?

# 51 A:

THE SOUTH STUMP WAS ONE FEET ELEVEN INCHES TO THE EDGE OF THE WALKWAY.

# 52 Q:

DID YOU MAKE AN AREA -- A MEASUREMENT OF THE DISTANCE BETWEEN THE STAIRWAY WALL, THAT WHITE BLOCK-LIKE OBJECT IN THE LOWER LEFT-HAND CORNER OF THE PHOTOGRAPH, AND ANY OF THE FENCES, EITHER THE NORTH OR THE EAST FENCE?

# 53 A:

YES. I MADE A MEASUREMENT FROM THE WALKWAY TO THE NORTH FENCE.

# 54 Q:

TO THE NORTH FENCE? AND WHAT WAS THAT?

# 55 A:

FIVE FEET EIGHT INCHES.

# 56 MR. COCHRAN:

YOUR HONOR, THAT IS FROM WHERE TO WHERE? WHAT IS FIVE FEET EIGHT INCHES?

# 57 THE COURT:

DO YOU WANT TO REPEAT THE ANSWER. I THOUGHT IT WAS FROM THE EDGE OF THE WALKWAY TO THE EDGE OF THE FENCE.

# 58 MR. COCHRAN:

OKAY. THANK YOU.

# 59 DET. TOM LANGE:

THAT'S CORRECT, YES.

# 60 Q:

BY MS. CLARK: AND WHAT ABOUT FROM THE -- DID YOU MEASURE FROM THE STAIRWAY WALL TO THE FENCE?

# 61 A:

STAIRWELL WALL TO THE FENCE IS THE SAME, FIVE FEET EIGHT INCHES.

# 62 Q:

NO, NO, I'M SORRY. I'M NOT BEING CLEAR. EXCUSE ME.

FROM THE STAIRWAY WALL THIS LOWER LEFT-HAND CORNER ACROSS TO THE EAST FENCE, DID YOU MEASURE THAT?

# 63 A:

YES. THAT WAS THREE FEET THREE INCHES.

# 64 Q:

I'M SORRY, I DIDN'T HEAR YOU.

# 65 A:

THREE FEET THREE INCHES.

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

# 67 MR. FAIRTLOUGH:

YOUR HONOR, MAY THIS NEXT PHOTOGRAPH BE MARKED PEOPLE'S NEXT IN ORDER, PEOPLE'S 82?

# 68 THE COURT:

ALL RIGHT. PEOPLE'S 82.

# 69 (PEO'S 82 FOR ID = PHOTOGRAPH)

# 70 Q:

BY MS. CLARK: ALL RIGHT, SIR. CAN YOU TELL US WHAT WE SEE HERE?

# 71 A:

YES. THAT IS A CLOSE-UP PHOTOGRAPH OF THE STUMP THAT I PREVIOUSLY MENTIONED. IT WAS BENEATH -- I BELIEVE BENEATH MR. GOLDMAN.

# 72 Q:

AND IS THAT THE NORTH OR THE SOUTH STUMP?

# 73 A:

THAT IS THE NORTH STUMP.

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

# 75 MR. FAIRTLOUGH:

YOUR HONOR, MAY THIS BE MARKED PEOPLE'S NEXT IN ORDER, PEOPLE'S 83?

# 76 THE COURT:

PEOPLE'S 83.

# 77 (PEO'S 83 FOR ID = PHOTOGRAPH)

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

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

# 80 MR. FAIRTLOUGH:

PEOPLE'S 83, YOUR HONOR.

# 81 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT IS DEPICTED IN THIS PHOTOGRAPH, SIR?

# 82 A:

YES. THAT IS A PHOTOGRAPH LOOKING NORTH TO THE NORTH FENCE DESCRIBED EARLIER, AND THERE IS A PAGER THAT APPEARS ABOUT THE MIDDLE OF THE FRAME.

# 83 Q:

OKAY. NOW, THIS PHOTOGRAPH, AS WELL AS THE ONE PREVIOUSLY SHOWN TO YOU, WERE THESE TAKEN BEFORE OR AFTER THE BODIES WERE REMOVED?

# 84 A:

AFTER.

# 85 Q:

OKAY. CAN YOU DESCRIBE FOR US WHAT -- WHAT IS DEPICTED IN THIS PHOTOGRAPH AND WHAT YOU SAW IN THIS AREA AT THE TIME AFTER THE BODIES WERE REMOVED?

# 86 A:

YES. I OBSERVED THE -- THE PAGER. THE ITEM THERE IN THE CENTER IS A PAGER THAT WAS IN THE DIRT LYING FOUR INCHES THE OTHER SIDE OF OR TO THE NORTH OF THE LOWER RUNG OF THAT FENCE. ADDITIONALLY, THERE IS A, IN THE CENTER OF THE PICTURE, A SMALL TREE THAT IS SUPPORTED BY A PIECE OF WOOD.

# 87 Q:

THAT STICK THAT IS IN THE -- APPROXIMATELY THE CENTER, JUST A LITTLE TO THE RIGHT OF THE CENTER OF THE PHOTOGRAPH, WHAT DID THAT LOOK LIKE TO YOU?

# 88 A:

THE STICK -- THE VERTICAL STICK?

# 89 Q:

UH-HUH.

# 90 A:

IT WAS THERE TO SUPPORT WHAT APPEARED TO BE A SMALL TREE.

# 91 Q:

THERE APPEARS TO BE A RED SUBSTANCE ON IT. DOES THAT LOOK LIKE BLOOD TO YOU?

# 92 A:

YES.

# 93 Q:

WAS MR. GOLDMAN'S BODY IN CONTACT WITH THAT ITEM?

# 94 (NO AUDIBLE RESPONSE.)

# 95 MR. COCHRAN:

AT WHAT POINT? FOUNDATIONAL, YOUR HONOR.

# 96 MS. CLARK:

BEFORE THE BODY WAS MOVED.

# 97 THE COURT:

OVERRULED.

# 98 DET. TOM LANGE:

IT APPEARED IT MAY HAVE BEEN, YES.

# 99 Q:

BY MS. CLARK: THERE SEEMS TO BE A -- SOME HOLE THERE NEXT TO THAT -- OR JUST BEHIND THAT STICK. CAN YOU TELL US IF THAT IS THE WAY IT LOOKED TO YOU?

# 100 A:

YES, IT IS.

# 101 Q:

WAS IT VERY DEEP?

# 102 A:

NO.

# 103 Q:

AND THE RUNGS OF THE -- THIS IS THE NORTH GATE WE ARE FACING -- THE NORTH FENCE, I MEAN?

# 104 A:

THAT'S CORRECT.

# 105 Q:

DO YOU SEE WHERE THERE SEEMS TO BE SOME RED ON THOSE?

# 106 A:

YES.

# 107 Q:

DID THAT APPEAR TO BE BLOOD TO YOU?

# 108 A:

YES, THERE APPEARED TO BE TRANSFERS ON THE HORIZONTAL AND PERPENDICULAR RUNGS OF THE FENCE.

KEY QUOTE

# 109 Q:

CAN YOU DESCRIBE FOR US, SIR, WERE THERE ANY OTHER WOODY ITEMS LIKE THAT STICK THAT YOU HAVE JUST -- THAT YOU HAVE DESCRIBED FOR US IN THE -- TO THE RIGHT OF THE CENTER OF THIS PHOTOGRAPH, IN THAT LOCATION IN THE -- THAT RON GOLDMAN'S BODY WAS FOUND?

# 110 A:

WOODY ITEMS?

# 111 Q:

YEAH, WOOD, TREES, STICKS?

# 112 A:

THERE WAS THE -- A LARGE TREE TO THE LEFT OF THIS PHOTOGRAPH WHICH HAD COME IN CONTACT WITH THE TOP OF THE HEAD OF MR. GOLDMAN.

# 113 Q:

WHAT ELSE WAS IN THAT AREA?

# 114 A:

THERE ARE LEAVES.

# 115 Q:

WERE THERE ANY OTHER PLANTS IN THE AREA?

# 116 A:

NOT IN THAT IMMEDIATE AREA. THERE WERE IN THE LOWER RIGHT-HAND CORNER OF THE PHOTOGRAPH. THERE WAS A SMALL PLANT NEAR THE GLOVE.

# 117 Q:

UH-HUH. NOW, YOU INDICATED THAT PAGER -- WAS THAT THE LOCATION IN WHICH YOU FOUND IT, SIR, WHERE IT IS SHOWN IN THIS PHOTOGRAPH?

# 118 A:

YES.

# 119 MS. CLARK:

YOUR HONOR, I HAVE HERE A SMALL MANILA ENVELOPE.

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

# 121 MS. CLARK:

THAT APPEARS TO BE RESEALED WITH A YELLOW EVIDENCE TAG DATED FEBRUARY 17, 1995, AND ANOTHER DATE OF FEBRUARY 18, 1995. I'M GOING TO OPEN THIS ENVELOPE AND SHOW THE CONTENTS TO DETECTIVE LANGE. THIS HAS BEEN PREVIOUSLY MARKED AS PEOPLE'S 31-A.

# 122 THE COURT:

YES.

# 123 Q:

BY MS. CLARK: CAN YOU TELL US IF YOU RECOGNIZE WHAT IS BEING SHOWN HERE, SIR?

# 124 A:

MAY I TOUCH IT?

# 125 Q:

YES.

# 126 A:

(WITNESS COMPLIES.) THAT APPEARS TO BE THE PAGER I OBSERVED.

# 127 Q:

NOW, AFTER THE BODIES WERE REMOVED, DID YOU GO UP AND MORE CLOSELY EXAMINE THE PAGER, SIR?

# 128 A:

YES.

# 129 Q:

PRIOR TO THE BODIES BEING REMOVED FROM THAT LOCATION, DID YOU EXAMINE THE PAGER?

# 130 A:

I OBSERVED IT. I DON'T RECALL SPECIFICALLY EXAMINING IT.

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

# 132 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S EXHIBIT 54(1).

# 133 THE COURT:

PEOPLE'S 54 --

# 134 MR. FAIRTLOUGH:

# 135 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT IS SHOWN IN THIS PHOTOGRAPH, SIR?

# 136 A:

YES.

# 137 Q:

WHAT IS THAT?

# 138 A:

THAT IS A WHITE ENVELOPE THAT I OBSERVED AT THE CRIME SCENE ON THE DIRT ADJACENT AND JUST TO THE NORTH OF THE WALKWAY THAT CONTAINED WHAT I BELIEVED TO BE PRESCRIPTION GLASSES.

# 139 MS. CLARK:

YOUR HONOR, I HAVE HERE A PLASTIC ENVELOPE THAT HAS BEEN SEALED WITH A YELLOW SEAL DATED FEBRUARY 18, 1995. I'M GOING TO OPEN THE SEAL.

# 140 THE COURT:

DO WE NEED TO TAKE THAT OUT?

# 141 MS. CLARK:

I'M JUST GOING TO LET HIM LOOK AT IT. I CAN ZIP-LOCK IT.

# 142 THE COURT:

CAN YOU SEE IT THROUGH THE BAG THERE, DETECTIVE?

# 143 DET. TOM LANGE:

YES, YOUR HONOR.

# 144 Q:

BY MS. CLARK: THERE IS ANOTHER ENVELOPE?

# 145 A:

YES.

# 146 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT THAT IS, SIR?

# 147 A:

THAT APPEARS TO BE THE ENVELOPE DEPICTED IN THE PHOTOGRAPH WITH THE GLASSES.

# 148 Q:

NOW, WHEN YOU WERE AT THE SCENE, WERE YOU ABLE TO TELL WHAT WAS INSIDE THE ENVELOPE?

# 149 A:

YES.

# 150 Q:

AND HOW WAS THAT?

# 151 A:

AS YOU NOTE ON THE UPPER LEFT-HAND CORNER OF THE PHOTOGRAPH, THERE IS AN OPENED AREA WHERE THE ENVELOPE HAS PARTED JUST ENOUGH WHERE ONE COULD PEER INSIDE AND SEE THAT THERE WERE APPARENTLY GLASSES.

# 152 Q:

WERE YOU ABLE TO MAKE THAT OBSERVATION WITHOUT PICKING IT UP?

# 153 A:

YES.

# 154 Q:

AND SHOWING YOU -- LOOKING INSIDE THE ENVELOPE NOW AS I AM HOLDING THE PLASTIC BAG WITHOUT LIFTING OUT THE ENVELOPE, CAN YOU SEE WHAT IS INSIDE?

# 155 A:

YES.

# 156 Q:

AND WHAT IS INSIDE?

# 157 A:

IT APPEARS TO BE PRESCRIPTION GLASSES.

# 158 Q:

DO THEY LOOK LIKE THE ONES YOU SAW ON THE MORNING OF JUNE 13TH INSIDE THAT ENVELOPE?

# 159 A:

YES.

# 160 (BRIEF PAUSE.)

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

# 162 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S -- WHAT HAS BEEN REFERENCED AS PEOPLE'S 54-A.

# 163 THE COURT:

ALL RIGHT. PEOPLE'S 54-A.

# 164 MR. FAIRTLOUGH:

YOU MIGHT NEED TO CUT THE FEED FOR THIS PHOTO.

# 165 Q:

BY MS. CLARK: ALL RIGHT. DO YOU RECALL THE GLOVE IN THIS PHOTOGRAPH AS YOU DESCRIBED AS HAVING SEEN AT 875 SOUTH BUNDY, SIR?

# 166 A:

YES.

# 167 Q:

I'M SHOWING YOU WHAT IS NOW CONTAINED IN A MANILA ENVELOPE, AND A PAPER BAG, A BROWN PAPER BAG AND THE MANILA ENVELOPE NOW CONTAINS SOME PAPER BINDLES. I WOULD ASK YOU TO LOOK INSIDE THE BAG, SIR, AND TELL US IF YOU RECOGNIZE WHAT YOU SEE. WOULD THE COURT LIKE TO EXPLAIN -- TO TELL THE JURY WHY THEY ARE PACKAGED?

# 168 THE COURT:

YES. MR. COCHRAN, WHY DON'T YOU STEP AROUND SO THE JURY CAN SEE.

# 169 MR. COCHRAN:

YES.

# 170 THE COURT:

LADIES AND GENTLEMEN, AS YOU RECALL FROM FRIDAY, THESE ITEMS WERE PLACED IN A PLASTIC BAG; HOWEVER, IT WAS DETERMINED BETTER PACKAGING WITH REGARD TO BIOLOGICAL EVIDENCE TO HAVE IT IN A PAPER BAG RATHER THAN IN A PLASTIC BAG, SO THAT IS WHY IT IS REPACKAGED AT THIS TIME.

# 171 DET. TOM LANGE:

THAT APPEARS TO BE THE GLOVE IN THE PHOTOGRAPH THAT I OBSERVED.

# 172 MS. CLARK:

FOR THE RECORD, THE ITEM WAS PREVIOUSLY MARKED AS 77 AND 77-A RESPECTIVELY, THE GLOVE AND THE BAG.

# 173 THE COURT:

NOTED.

# 174 Q:

BY MS. CLARK: NOW, SHOWING YOU, SIR, ITEMS MARKED AS 78 AND 78-A, HAS ALSO BEEN REPACKAGED, AND I ASK YOU TO LOOK INSIDE THE BROWN PAPER BAG AND TELL US IF YOU RECOGNIZE WHAT YOU SEE IN THAT PHOTOGRAPH -- IN THAT BAG?

# 175 A:

YES. THAT APPEARS TO BE THE DARK BLUE KNIT SKI CAP IN THE PHOTOGRAPH THAT I OBSERVED AT THE SCENE.

# 176 Q:

NOW, DID YOU DIRECT ANYONE TO -- DID YOU ULTIMATELY DIRECT THAT THESE ITEMS BE COLLECTED?

# 177 A:

YES.

# 178 Q:

AT THE TIME THAT YOU MADE YOUR OBSERVATIONS OF THESE ITEMS, SIR, WERE YOU WEARING GLOVES?

# 179 A:

YES.

# 180 Q:

WHAT KIND OF GLOVES WERE YOU WEARING?

# 181 A:

THEY WERE A PLASTIC GLOVE, THIN PLASTIC GLOVE.

# 182 Q:

I'M SORRY?

# 183 A:

THIN PLASTIC GLOVE, RUBBER.

# 184 Q:

AND WHY WERE YOU WEARING GLOVES AT THAT TIME?

# 185 A:

GENERALLY WHEN I AM WORKING A CRIME SCENE OF THAT NATURE, THERE MIGHT COME A TIME WHEN I MIGHT HAVE TO TOUCH SOMETHING, SO IT IS TO PREVENT CONTAMINATION OF EVIDENCE, AS WELL AS TO PROTECT MYSELF.

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

# 187 Q:

BY MS. CLARK: WERE YOU WEARING BOOTIES, SIR?

# 188 A:

NO.

# 189 Q:

OVER YOUR SHOES?

# 190 A:

NO.

# 191 Q:

WHY NOT?

# 192 A:

I HAVE ONLY WORN BOOTIES AT THE CORONER'S OFFICE FOR SELF-PROTECTION. I HAVE NEVER WORN THEM AT A CRIME SCENE.

# 193 MR. COCHRAN:

MOVE TO STRIKE AS NONRESPONSIVE.

# 194 THE COURT:

OVERRULED.

# 195 Q:

BY MS. CLARK: HAVE YOU YOURSELF EVER WORN BOOTIES AT A CRIME SCENE?

# 196 A:

NO.

# 197 Q:

HAVE YOU EVER SEEN ANY DETECTIVE YOU HAVE EVER WORKED WITH OR SEEN AT A CRIME SCENE WEAR BOOTIES?

# 198 A:

NO.

# 199 Q:

CAN YOU THINK OF -- STRIKE THAT. DOES ANYONE AT A CRIME SCENE WEAR BOOTIES, SIR?

# 200 A:

YES. I HAVE SEEN SOME TECHNICIANS WEAR THEM AT TIMES.

# 201 Q:

CRIMINALISTS OR CORONERS?

# 202 A:

UMM --

# 203 Q:

INVESTIGATORS?

# 204 A:

I DON'T RECALL CORONER'S PEOPLE. CRIMINALISTS, PRINT PEOPLE. IN FACT, I BELIEVE THE PRINT PEOPLE WERE WEARING BOOTIES AT THIS LOCATION.

# 205 Q:

AND WHAT IS THE PURPOSE OF WEARING BOOTIES?

# 206 A:

FOR SELF-PROTECTION AGAINST CONTAMINATION.

# 207 Q:

CONTAMINATION OF --

# 208 A:

OF OUTSIDE SOURCES, PERHAPS FROM BLOOD. WHEN THERE IS A BLOODY CRIME SCENE, THERE IS ALWAYS A POSSIBILITY ONE COULD CONTACT SOME TYPE OF A VIRUS AND CONSEQUENTLY SOME PEOPLE WEAR THOSE.

# 209 Q:

SO IS IT TO PROTECT THE PERSON WHO IS WEARING THE BOOTIES?

# 210 A:

YES.

# 211 MR. COCHRAN:

CALLS FOR SPECULATION, YOUR HONOR, AS TO WHY SOMEBODY ELSE IS WEARING BOOTIES. THERE WOULD BE MULTIPLE REASONS.

# 212 MS. CLARK:

YOUR HONOR --

# 213 THE COURT:

OVERRULED. SPEAKING OBJECTION. IT IS ONE EXPLANATION. I AM SURE THERE WILL BE OTHERS. THANK YOU. PROCEED.

KEY QUOTE

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

# 215 MR. FAIRTLOUGH:

PEOPLE'S 83, YOUR HONOR.

# 216 Q:

BY MS. CLARK: SIR, DID YOU DIRECT THE PHOTOGRAPHER TO TAKE THIS PICTURE?

# 217 (NO AUDIBLE RESPONSE.)

# 218 Q:

DID YOU ASK THAT THIS AREA BE PHOTOGRAPHED?

# 219 A:

EARLIER I DID. NOT THIS PARTICULAR PICTURE. THIS WAS OBVIOUSLY DONE WITH THE CRIMINALIST.

# 220 Q:

IS THERE SOMETHING SIGNIFICANT ABOUT THE HOLE THAT YOU DESCRIBED FOR US EARLIER THAT IS SHOWN IN THIS PHOTOGRAPH?

# 221 A:

THE SIGNIFICANT THING TO ME AT THE TIME WAS THAT IT APPEARED TO BE FRESHLY DUG OUT.

KEY QUOTE

# 222 Q:

SO WHAT DID THAT MEAN TO YOU?

# 223 A:

TAKING INTO ACCOUNT THE SCENE, IT WOULD MEAN TO ME THAT THERE WAS PROBABLY A STRUGGLE IN THAT IMMEDIATE AREA AND PERHAPS THIS WAS DONE WITH THE FLAILING OF FEET OR MOVEMENT WITHIN THAT AREA BETWEEN THE SUSPECT AND THE VICTIM.

# 224 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S 56-B.

# 225 Q:

BY MS. CLARK: DO YOU SEE WHAT IS DEPICTED IN THIS PHOTOGRAPH, SIR?

# 226 A:

YES.

# 227 Q:

WHAT IS IT?

# 228 A:

IT IS A CLOSE-UP OF A SET OF KEYS FOUND ON THE GROUND JUST TO THE EAST OF MR. GOLDMAN'S LEFT FOOT AS DEPICTED IN THE FOREGROUND.

# 229 Q:

AND DID YOU WANT THIS PARTICULAR ITEM PHOTOGRAPHED?

# 230 A:

YES.

# 231 Q:

WHY?

# 232 A:

TO SHOW THE RELATIONSHIP -- FIRSTLY, TO SHOW WHERE IT WAS LOCATED AND THEN THE RELATIONSHIP TO MR. GOLDMAN.

# 233 Q:

AND WERE THE FINDING OF THOSE KEYS NEAR THE FOOT OF MR. GOLDMAN IMPORTANT TO YOU?

# 234 A:

THEY WERE TO ME.

# 235 Q:

WHY?

# 236 A:

BECAUSE OF THE LOCATION AND THE FACT THAT MR. GOLDMAN HAD POCKETS IN HIS PANTS, IT APPEARED THAT HE MAY VERY WELL HAVE HAD THOSE KEYS IN HIS HAND AT THE TIME HE WAS ATTACKED.

KEY QUOTE

# 237 Q:

WHICH INDICATES WHAT?

# 238 MR. COCHRAN:

OBJECT TO THAT. CALLS FOR SPECULATION, YOUR HONOR.

# 239 MS. CLARK:

TO HIM.

# 240 MR. COCHRAN:

NO PROPER FOUNDATION, NO AREA OF EXPERTISE.

# 241 THE COURT:

LET ME SEE YOU OVER AT SIDE BAR.

Temperature

procedural

Key Quotes (4)

Lange

THE SIGNIFICANT THING TO ME AT THE TIME WAS THAT IT APPEARED TO BE FRESHLY DUG OUT... IT WOULD MEAN TO ME THAT THERE WAS PROBABLY A STRUGGLE IN THAT IMMEDIATE AREA AND PERHAPS THIS WAS DONE WITH THE FLAILING OF FEET OR MOVEMENT WITHIN THAT AREA BETWEEN THE SUSPECT AND THE VICTIM.

Lange interprets a disturbed hole in the dirt as physical evidence of a violent struggle at the scene.

Lange

BECAUSE OF THE LOCATION AND THE FACT THAT MR. GOLDMAN HAD POCKETS IN HIS PANTS, IT APPEARED THAT HE MAY VERY WELL HAVE HAD THOSE KEYS IN HIS HAND AT THE TIME HE WAS ATTACKED.

Lange infers from the keys' position near Goldman's foot that Goldman was caught by surprise mid-motion, bolstering the prosecution's narrative of a sudden ambush.

Lance A. Ito

OVERRULED. SPEAKING OBJECTION. IT IS ONE EXPLANATION. I AM SURE THERE WILL BE OTHERS. THANK YOU. PROCEED.

Ito's mild rebuke of Cochran signals impatience with speaking objections while leaving room for the defense to challenge the inference later.

Lange

THERE APPEARED TO BE TRANSFERS ON THE HORIZONTAL AND PERPENDICULAR RUNGS OF THE FENCE.

Blood transfers on the fence suggest contact during the attack and help reconstruct the physical dynamics of the crime.

Evidence (10)

People's 81

Photograph of the area where Goldman's body had been lying after removal, showing two stumps

introduced and discussed

People's 81-A

Computer print of the screen image from People's 81

introduced

People's 82

Close-up photograph of the north stump beneath Goldman's body

introduced and discussed

People's 83

Photograph looking north to the north fence, showing the pager, blood on fence rungs, and a stick/small tree with apparent blood

introduced and discussed

People's 31-A

Actual pager recovered from the scene, four inches north of the lower fence rung

identified by witness

People's 54(1)

Photograph of a white envelope containing prescription glasses, found on dirt north of the walkway

introduced and discussed

+ 4 more

Notable Exchanges (3)

Lance A. Ito•Jury

Judge Ito breaks from the examination to explain to the jury why the glove and ski cap were repackaged from plastic to paper bags — to better preserve biological evidence.

instructional

Marcia Clark•Lange

Lange cannot recall the stump measurements from memory and must be shown his November 1994 diagram to refresh his recollection, briefly halting the examination.

routine

Johnnie Cochran•Lance A. Ito

Cochran objects to Clark's question asking what the keys' position 'indicates,' arguing speculation and lack of foundation. Ito calls a sidebar rather than ruling immediately.

strategic

Witness Demeanor

(NO AUDIBLE RESPONSE.) — when asked if Goldman's body was in contact with the stick

(WITNESS COMPLIES.) — touching the pager to examine it

(BRIEF PAUSE.) — during handling of the glasses envelope

Objections

4 objections (0 sustained, 3 overruled)

Proceeding 4927 • 241 utterances • Prosecution witness

Criminal Trial

Department 103