Cross-examination of Detective Tom Lange (afternoon, part 2)

📄 Cross-examination of Detective Tom Lange (afternoon, part 2) — Wednesday, February 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\22\CROSS-EXAMINATION-OF-DETECTIVE.DOC

TRIAL

▲ Day 23 of 167

◀ Sidebar: fingerprint evidence Sidebar: lividity evidence ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, February 22, 1995 • Utterances: 123

Cochran cross-examines Detective Lange about the fingerprint elimination process at the Bundy crime scene, drawing out that one unidentified police officer's prints were found but not eliminated. The session also briefly revisits lividity observations on both victims, with Lange claiming he saw nothing notable on either body.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 MR. COCHRAN:

I AM GOING TO ASK ANOTHER QUESTION.

# 3 THE COURT:

MR. COCHRAN.

# 4 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 5 Q:

BY MR. COCHRAN: I'M GOING TO ASK YOU A FEW OTHER QUESTIONS ABOUT THIS PARTICULAR DOCUMENT. THIS -- YOU ASKED TO HAVE A NUMBER OF INDIVIDUALS COMPARED I PRESUME TO SEE IF YOU COULD LOCATE THEIR PRINTS INSIDE BUNDY; IS THAT CORRECT?

# 6 A:

THE TERM WE USE IS ELIMINATED.

# 7 Q:

ALL RIGHT. ELIMINATED.

# 8 A:

YES.

# 9 Q:

YOU SOUGHT TO ELIMINATE CERTAIN INDIVIDUALS; IS THAT CORRECT?

# 10 A:

YES.

# 11 Q:

OKAY. AND CAN YOU TELL US WHAT SUBJECTS, IF ANY, YOU SOUGHT TO ELIMINATE AS HAVING THEIR PRINTS INSIDE THE LOCATION?

# 12 A:

ALL LAPD PERSONNEL AT THE SCENE, ALL CIVILIAN PERSONNEL AT THE SCENE, FAMILY MEMBERS, ANY FRIENDS THAT WE FIND MAY HAVE VISITED THE SCENE AT ONE TIME OR ANOTHER, JUST BASICALLY ALL PERSONS WHO HAVE HAD ACCESS TO THAT SCENE.

# 13 Q:

WELL, LET'S -- OKAY. YOU'VE GIVEN US SOME NAMES. WAS MR. SIMPSON ONE OF THE PEOPLE YOU SOUGHT TO ELIMINATE?

# 14 A:

THAT'S CORRECT.

# 15 Q:

ALL RIGHT. WAS MR. COWLINGS ONE OF THE PEOPLE YOU SOUGHT TO SEE IF HE WAS ELIMINATED?

# 16 A:

YES.

# 17 Q:

WAS MR. MARCUS ALLEN ONE OF THE PEOPLE YOU SOUGHT TO SEE IF HE WAS ELIMINATED?

# 18 A:

I DON'T BELIEVE SO. I DON'T HAVE ANY RECORD OF THAT.

# 19 Q:

AND IN MAKING A DETERMINATION OF WHETHER OR NOT -- ANYBODY ELSE YOU CAN RECALL WAS -- WELL, LET ME ASK YOU THIS QUESTION. WAS FAYE RESNICK A PERSON THAT YOU SOUGHT TO ELIMINATE?

# 20 A:

YES.

# 21 Q:

WHAT ABOUT ROBIN GREER?

# 22 A:

I DON'T RECALL IF WE RAN ROBIN GRIER'S PRINTS OR EVEN HAD HER PRINTS.

# 23 Q:

WHAT ABOUT CORA FISCHMAN?

# 24 A:

WE DID NOT GET CORA FISCHMAN'S PRINTS.

# 25 Q:

ANYONE ELSE THAT YOU CAN RECALL THAT YOU SOUGHT TO ELIMINATE AS HAVING PRINTS AT THE BUNDY STREET LOCATION IN THE ANALYSIS THAT WAS DONE AS DEPICTED ON 1029?

# 26 A:

THERE WERE -- THERE'S A LIST OF NAMES, SEVERAL NAMES ON A LIST. I DON'T HAVE THAT IN FRONT OF ME.

# 27 Q:

CAN YOU GET THAT PRETTY READILY FOR US?

# 28 A:

I CAN CHECK HERE.

# 29 Q:

SEE IF YOU CAN GET THAT WITHOUT TOO MUCH DELAY. BY THE WAY, WHILE YOU ARE DOING THAT, MAY I ASK YOU A QUESTION OR TWO?

# 30 A:

CERTAINLY.

# 31 Q:

WHAT ARE YOU REFERRING TO THERE?

# 32 A:

THIS IS MY MURDER BOOK, THE --

# 33 Q:

THAT'S YOUR HOMICIDE BOOK?

# 34 A:

YES. THAT'S ONE OF THEM.

# 35 Q:

AND SO HOW MANY BOOKS DO YOU HAVE, HOMICIDE BOOKS DO YOU HAVE?

# 36 A:

IN THIS CASE?

# 37 Q:

YES, IN THIS CASE.

# 38 A:

FOUR OR FIVE.

# 39 Q:

AND SO --

# 40 A:

JUST --

# 41 Q:

OVER THE LUNCH HOUR, IF WE ASK YOU TO LOOK AT SOMETHING, YOU'RE GOING TO LOOK IN YOUR HOMICIDE BOOK TO TRY TO FIND IT?

# 42 A:

IF I THINK IT'S IN HERE.

# 43 Q:

AND THOSE ARE ORIGINALS; IS THAT CORRECT?

# 44 A:

YES.

# 45 Q:

THANK YOU.

# 46 A:

THIS LIST MAY BE WITH -- WAS COMPILED BY THE LATENT PRINT UNIT AND THAT'S PERHAPS THE ONES THAT STILL HAVE IT. THIS IS AN ON-GOING PROCESS WHERE THEY ARE ADDING TO IT EVERY TIME WE COME UP WITH ANOTHER NAME. SO I AM NOT CERTAIN THAT I WOULD EVEN HAVE THAT ONGOING LIST.

# 47 Q:

ALL RIGHT. WOULD IT BE EASIER FOR YOU IF WE PUT THAT ON THE LIST FOR LUNCH TIME, YOU TOOK A LOOK AT LUNCH TIME?

# 48 A:

IT WOULDN'T BE EASIER, BUT I'LL DO IT.

# 49 Q:

WELL --

# 50 A:

HERE IT IS HERE. I AM SORRY. I DO HAVE IT.

# 51 Q:

ONE LESS THING TO DO. CAN I LOOK AT THAT WITH YOU?

# 52 A:

YES. THIS IS A -- APPEARS TO BE A PARTIAL LIST OF PERSONS RUN AND ELIMINATED. THE CURRENT LIST, THE ONGOING LIST WOULD BE MAINTAINED BY THE PRINT UNIT AND I DON'T BELIEVE ALL THE NAMES WOULD BE ON THERE.

# 53 Q:

ALL RIGHT. NOW, THIS LIST THAT YOU HAVE HERE, DO YOU MIND IF WE MARK THIS?

# 54 THE COURT:

HOW ABOUT IF WE HAVE A PHOTOCOPY MADE OF IT?

# 55 DET. TOM LANGE:

PLEASE.

# 56 MR. COCHRAN:

SO WE'LL GET THE CLERK TO MAKE A COPY, YOUR HONOR? MAY I PASS THAT TO THE COURT?

# 57 Q:

BY MR. COCHRAN: WHILE WE ARE WAITING TO DO THAT, IS THAT A COMPLETE LIST OF EVERYBODY INCLUDING MR. SIMPSON?

# 58 A:

ONCE AGAIN, I DON'T BELIEVE IT IS. I THINK THERE'S AN ON-GOING LIST MAINTAINED BY THE PRINT UNIT.

# 59 Q:

ALL RIGHT. AT THE LUNCH TIME, CAN YOU ALSO CHECK TO SEE IF YOU HAVE ANY OTHER LIST OR IS THAT THE ONLY ONE YOU HAVE AT THIS POINT?

# 60 A:

I BELIEVE IT'S THE ONLY ONE, BUT I DON'T KNOW FOR SURE.

# 61 Q:

OKAY. SO WE ARE CLEAR, WHAT YOU ARE TRYING TO DO HERE IS ELIMINATE CERTAIN INDIVIDUAL'S FINGERPRINTS; IS THAT CORRECT?

# 62 A:

YES.

# 63 Q:

AND THAT'S THE ACTUAL LIST OF THE INDIVIDUALS THAT HAVE BEEN ELIMINATED AT THIS POINT THAT COMES OUT OF YOUR HOMICIDE BOOK; IS THAT RIGHT?

# 64 A:

THE LIST WOULD BE THOSE WHO ARE ELIMINATED AND THE ONES WHO ARE MADE ON PRINTS.

# 65 Q:

RIGHT. AND SO THAT WE'RE CLEAR, YOU DID IN FACT MAKE SOME INDIVIDUALS ON THE PRINTS; IS THAT CORRECT?

# 66 A:

YES.

# 67 Q:

IN FACT, YOU MADE SOME POLICE OFFICERS, DIDN'T YOU?

# 68 MS. CLARK:

OBJECTION. OBJECTION. OBJECTION, YOUR HONOR. HE DIDN'T MAKE ANYBODY --

# 69 THE COURT:

SUSTAINED.

# 70 Q:

BY MR. COCHRAN: WELL, THE --

# 71 MS. CLARK:

OBJECTION, YOUR HONOR. COUNSEL --

# 72 THE COURT:

SUSTAINED.

# 73 MR. COCHRAN:

WELL, I HAVEN'T ASKED THE QUESTION YET. THE? YOU OBJECTED TO "THE"? OKAY. LET ME SEE IF I CAN STATE A QUESTION.

# 74 Q:

BY MR. COCHRAN: THERE ARE INDIVIDUALS WHO WERE NOT ELIMINATED AND YOU HAVE THE NAMES OF THOSE INDIVIDUALS; IS THAT CORRECT?

# 75 A:

YES.

# 76 Q:

AND ON THAT LIST OF PEOPLE WHO WERE NOT ELIMINATED, WOULD THERE BE SOME FRIENDS OF MISS NICOLE BROWN SIMPSON?

# 77 A:

YES.

# 78 Q:

AND WOULD THERE BE POLICE OFFICERS ON THAT LIST ALSO?

# 79 A:

ONE POLICE OFFICER.

# 80 Q:

WOULD HE BE A DETECTIVE?

# 81 MS. CLARK:

WELL, YOUR HONOR, SAME OBJECTION.

# 82 THE COURT:

SUSTAINED.

# 83 MS. CLARK:

MOTION TO STRIKE. COUNSEL CAN CALL A PRINT SPECIALIST.

# 84 THE COURT:

NO. SUSTAINED, COUNSEL.

# 85 MR. COCHRAN:

YOUR HONOR, MAY I PLEASE -- WE HAVE A COPY. WE'LL GIVE THE ORIGINAL BACK. MAY I MARK THIS AS 1030, YOUR HONOR, TWO-PAGE DOCUMENT?

# 86 THE COURT:

YES.

# 87 DET. TOM LANGE:

I THINK THAT'S MINE. IS THAT MY ORIGINAL?

# 88 MR. COCHRAN:

MAYBE -- I THOUGHT I HAD A COPY. MAY I APPROACH?

# 89 THE COURT:

YOU MAY.

# 90 MR. COCHRAN:

THANK YOU. THANKS, JUDGE.

# 91 Q:

BY MR. COCHRAN: SO YOU HAVE YOUR COPY BACK?

# 92 A:

YES.

# 93 Q:

THANKS.

# 94 MR. COCHRAN:

I'LL MARK THIS TWO PAGES AS 1030.

# 95 THE COURT:

ALL RIGHT. 1030. BUT, MR. COCHRAN, THIS IS NOT THE PERSON WHO DID THE COMPARISON.

# 96 (DEFT'S 1030 FOR ID = 2-PAGE PRINT REPORT)

# 97 MR. COCHRAN:

I UNDERSTAND, YOUR HONOR.

# 98 THE COURT:

THANK YOU.

# 99 Q:

BY MR. COCHRAN: WITH REGARD TO 1030, SO WE CAN MAKE IT CLEAR FOR THE RECORD, YOUR HONOR, WHAT THIS IS, TELL US WHAT 1030 IS.

# 100 A:

1030 IS A PARTIAL LIST ENTITLED "HOMICIDE WORK SHEET" OF POLICE PERSONNEL WHO WERE -- WHOSE PRINTS WERE COMPARED TO LIFTS, PRINT LIFTS MADE AT THE BUNDY LOCATION.

# 101 Q:

ALL RIGHT. AND WHO IS THE PERSON WHO CAN COME IN HERE AND TELL US WHAT THE FINDINGS WERE, WHO WAS ELIMINATED AND WHO YOU MADE, WHO YOU FOUND PRINTS OF? WHO IS THAT PERSON?

# 102 A:

WELL, THERE ARE PROBABLY SEVERAL DEPENDING WHEN THE INITIAL INFORMATION CAME IN. ALVARDO I BELIEVE WOULD BE ONE OF THEM. SOME OF THIS WORK IS DONE ON DAY WATCH AND SOME MAY BE DONE ON NIGHT WATCH. I THINK THE BEST WAY TO TELL WOULD BE TO CONTACT THE PRINT SUPERVISOR FOR THAT INFORMATION.

# 103 Q:

THE PRINT SUPERVISOR?

# 104 A:

YES. THE SUPERVISOR OF THAT UNIT.

# 105 Q:

DO YOU -- I WAS ASKING YOU SOME QUESTIONS YESTERDAY AND THIS MORNING WITH REGARD TO LIVIDITY BEING PRESENT ON FIRST NICOLE BROWN SIMPSON, AND REMEMBER YOU INDICATED THAT YOU DIDN'T RECALL ANY? REMEMBER THAT?

# 106 A:

I DON'T RECALL ANY MARKED LAVIDITY.

# 107 Q:

AND BY THE WAY, WITH REGARD TO MR. GOLDMAN, DO YOU RECALL ANY LAVIDITY ON HIS BODY?

# 108 A:

HE WAS CLOTHED. I WOULDN'T HAVE OBSERVED ANY.

KEY QUOTE

# 109 Q:

WELL, IN ORDER TO TAKE THE LIVER TEMPERATURE, DIDN'T THEY HAVE TO RAISE UP HIS CLOTHING AT THE SCENE THERE?

# 110 A:

TO THAT AREA, YES.

# 111 Q:

DID YOU SEE ANY LAVIDITY THEN?

# 112 A:

I DON'T RECALL SEEING ANYTHING THAT STOOD OUT TO ME.

# 113 Q:

WOULD IT REFRESH YOUR RECOLLECTION TO SEE A DOCUMENT WITH REGARD TO THAT FROM THE CORONER'S OFFICE?

# 114 A:

CERTAINLY MAY.

# 115 MR. COCHRAN:

OKAY. I WOULD LIKE TO MARK AS THE NEXT EXHIBIT 1030 IS IT?

# 116 THE COURT:

1031.

# 117 MR. COCHRAN:

1030. IT'S A TWO-PAGE DOCUMENT --

# 118 THE COURT:

1031.

# 119 MR. COCHRAN:

1031, TWO-PAGE DOCUMENT, PAGE 2 AND 3, AND I WOULD LIKE TO SHOW IT TO COUNSEL.

# 120 (DEFT'S 1031 FOR ID = 2-PAGE DOCUMENT)

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

# 122 MS. CLARK:

I WOULD LIKE TO APPROACH, YOUR HONOR.

# 123 THE COURT:

ALL RIGHT. WITH THE COURT REPORTER, PLEASE.

Temperature

procedural

Key Quotes (4)

Tom Lange

ONE POLICE OFFICER.

Lange confirms an unidentified officer's prints were found at Bundy and not eliminated — a potentially significant disclosure Cochran is building toward.

Johnnie Cochran

YOU OBJECTED TO 'THE'? OKAY. LET ME SEE IF I CAN STATE A QUESTION.

Sardonic jab after Clark objected before Cochran finished his sentence, exposing prosecutorial hair-trigger objecting.

Tom Lange

HE WAS CLOTHED. I WOULDN'T HAVE OBSERVED ANY.

Lange deflects the lividity question on Goldman by citing his clothing — a convenient non-answer that Cochran probes further.

Lance A. Ito

MR. COCHRAN, THIS IS NOT THE PERSON WHO DID THE COMPARISON.

Judge signals the limits of what Lange can testify to on fingerprint findings, implicitly flagging that Cochran will need a print specialist.

Evidence (3)

Defense 1029

Document depicting fingerprint comparison/elimination analysis at Bundy

discussed as foundation for questioning

Defense 1030

Two-page 'Homicide Work Sheet' — partial list of police personnel whose prints were compared to lifts at Bundy

introduced from Lange's murder book, marked for ID

Defense 1031

Two-page coroner document (pages 2-3), apparently related to lividity observations

marked for ID, shown to counsel; sidebar requested before further use

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark objects three times in rapid succession — including before Cochran finishes a question — prompting his dry 'you objected to THE?' remark and forcing him to reframe as 'not eliminated' rather than 'made.'

tense/strategic

Johnnie Cochran•Tom Lange

Cochran establishes that one police officer's prints at Bundy were not eliminated, then asks if the officer was a detective — sustained before Lange could answer, leaving the implication hanging.

strategic

Light Moments (2)

Tom Lange

Lange finds the fingerprint list in his murder book mid-session after agreeing to look at lunch: 'Here it is here. I am sorry. I do have it.'

Johnnie Cochran

Cochran deadpans after Clark's premature objection: 'You objected to "the"? Okay.'

Credibility Attacks (2)

⚔ LAPD investigation

omission/selective evidence gathering

Cochran probes why certain individuals (Marcus Allen, Cora Fischman, Robin Greer) were never fingerprinted for elimination, implying an incomplete or selective investigation.

⚔ Tom Lange

limits of personal knowledge

Cochran exposes that Lange does not have a complete, current fingerprint elimination list and cannot identify who the uneliminated officer is or confirm findings — undercutting his authority as lead detective.

Objections

5 objections (4 sustained, 0 overruled)

Proceeding 4934 • 123 utterances • Prosecution witness

Criminal Trial

Department 103