Cochran cross-examined Detective Lange about his handling of evidence on June 13-14, 1994, focusing on two main issues: Lange taking OJ Simpson's Reebok shoes home to Simi Valley overnight rather than booking them immediately as LAPD policy requires, and two photographs (D-1032 and D-1033) showing a dime and penny found near Nicole's Jeep at Bundy appearing to be in different positions — suggesting the coins may have been moved. Cochran also established that no tire track expert was ever called to examine tracks visible in both photographs.
# 1 THE COURT: THANK YOU, COUNSEL. PROCEED.
# 2 MR. COCHRAN: THANK YOU VERY KINDLY, YOUR HONOR.
# 3 Q: ABOUT WHAT TIME DID YOU FINISH WITH YOUR CONTACT WITH MR. SIMPSON DOWNTOWN ON JUNE 13TH IN THE AFTERNOON?
# 4 A: APPROXIMATELY 4:00 P.M.
# 5 Q: AND ABOUT 4:00 P.M. IN THE AFTERNOON?
# 6 A: APPROXIMATELY. IT MAY HAVE BEEN A LITTLE EARLIER.
# 7 Q: WELL, DIDN'T YOU FINISH ABOUT 2:30?
# 9 Q: YES, SEEING MR. SIMPSON?
# 10 A: I THOUGHT I WAS WITH HIM FOR APPROXIMATELY THREE HOURS.
# 11 Q: GIVE US YOUR BEST RECOLLECTION THEN.
# 12 A: MY BEST RECOLLECTION --
# 13 MS. CLARK: YOUR HONOR, THIS IS ALL BEYOND THE SCOPE.
# 14 THE COURT: THIS IS NOT BEYOND THE SCOPE BECAUSE WE ARE TALKING ABOUT THE TIME THAT THIS DETECTIVE SPENT ON THAT DAY. I AM NOT ALLOWING HIM TO GO INTO THE CONTACT OF WHAT HE DID WITH THE DEFENDANT. THAT IS BEYOND THE SCOPE.
# 15 MR. COCHRAN: THANK YOU, YOUR HONOR.
# 16 THE COURT: BUT AS FAR AS HIS ACTIVITY, WHERE HE WAS AT CERTAIN TIMES, THAT IS WITHIN THE SCOPE.
# 17 Q: BY MR. COCHRAN: SO LET'S GO BACK OVER --
# 18 THE COURT: I UNDERSTAND THE DISTINCTION.
# 20 THE COURT: THANK YOU.
# 21 Q: BY MR. COCHRAN: YOU ARRIVED DOWNTOWN AT PARKER CENTER WHAT TIME?
# 22 A: I BELIEVE IT WAS APPROXIMATELY 1:00 P.M.
# 23 Q: ALL RIGHT. AND YOUR BEST RECOLLECTION NOW IS HOW LONG WERE YOU THERE BEFORE YOU LEFT PARKER CENTER?
# 24 A: APPROXIMATELY THREE HOURS.
# 25 Q: ALL RIGHT. AND WHEN YOU ARRIVED DOWN THERE DID YOU MEET --
# 26 A: NOT THERE. IN THE COMPANY OF MR. SIMPSON I BELIEVE WAS APPROXIMATELY THREE HOURS.
# 27 Q: OKAY. WAS THAT ALL DOWNTOWN?
# 29 Q: OKAY. AND SO WOULD THAT BE AT PARKER CENTER?
# 31 Q: AND WERE YOU ALSO IN THE COMPANY OF YOUR PARTNER, DETECTIVE VANNATTER?
# 32 A: FOR PART OF THAT TIME.
# 33 Q: YOU WENT SOME OTHER PLACE WHILE YOU WERE DOWNTOWN ALSO?
# 34 A: WITHIN PARKER CENTER.
# 35 Q: IN THIS SAME AREA?
# 36 A: WITHIN THE BUILDING.
# 37 Q: ALL RIGHT. AND THERE CAME A TIME WHEN YOU WERE CONCLUDED WITH MR. SIMPSON FOR THAT DAY; IS THAT CORRECT?
# 39 Q: THAT WAS AT ABOUT FOUR O'CLOCK?
# 40 A: I BELIEVE IT WAS.
# 41 Q: DID MR. SIMPSON THEN LEAVE THE BUILDING AT THAT POINT?
# 43 Q: AND DURING THIS THREE-HOUR PERIOD OF TIME -- STRIKE THAT. AFTER HE LEFT THE BUILDING AT ABOUT FOUR O'CLOCK DID YOU THEN LEAVE THE BUILDING SHORTLY THEREAFTER?
# 44 A: SOMETIME AFTER THAT, YES.
# 45 Q: OKAY. DO YOU KNOW WHAT TIME IT WAS YOU LEFT THE BUILDING?
# 46 A: I WILL SAY APPROXIMATELY 4:30 PERHAPS.
# 49 Q: DO YOU HAVE ANY KIND OF LOG OR ANY KIND OF NOTES WHICH REFRESH YOUR RECOLLECTION REGARDING THIS, SIR?
# 50 A: I WOULDN'T HAVE MADE A RECORDATION OF WHEN I LEFT.
# 51 Q: AND YOU DON'T HAVE ANY TYPE OF -- ANY REPORT INDICATING THE EXACT TIMES?
# 52 A: THAT I LEFT THE BUILDING?
# 53 Q: THAT YOU FINISHED WITH MR. SIMPSON AND LEFT THE BUILDING?
# 54 A: NO, I WOULDN'T HAVE DONE THAT.
# 55 Q: YOU LEFT THE BUILDING AT ABOUT 4:30?
# 56 A: AGAIN, THAT IS AN APPROXIMATE TIME. I BELIEVE IT WAS SOMEWHERE IN THERE.
# 57 Q: WHERE DID YOU GO AT THAT POINT?
# 58 A: I WENT TO 360 NORTH ROCKINGHAM.
# 59 Q: WENT BACK OUT TO MR. SIMPSON'S RESIDENCE; IS THAT CORRECT?
# 61 Q: AND HOW DID YOU GET OUT THERE?
# 63 Q: WERE YOU DRIVING BY YOURSELF AT THIS POINT?
# 65 Q: AND DID YOU HAVE SOME CONVERSATION WITH DETECTIVE VANNATTER BEFORE YOU WENT BACK OUT TO ROCKINGHAM?
# 67 Q: DID BOTH OF YOU THEN GO BACK OUT TO ROCKINGHAM?
# 69 Q: AND ABOUT WHAT TIME WAS IT THAT YOU ARRIVED BACK AT ROCKINGHAM, IF YOU RECALL?
# 70 A: APPROXIMATELY 5:15 P.M.
# 71 Q: AND WHEN YOU GOT TO ROCKINGHAM, WAS MR. SIMPSON AT THAT LOCATION?
# 72 A: I DON'T BELIEVE HE WAS THERE AT THAT TIME.
# 73 Q: DO YOU RECALL A TIME THAT HE CAME BACK TO ROCKINGHAM THAT AFTERNOON?
# 74 A: I RECALL HIM COMING THERE. I DON'T RECALL THE TIME.
# 75 Q: YOU HAVE NO IDEA WHAT THE TIME WAS?
# 76 A: WELL, IT WOULD HAVE TO BE AFTER 5:15 AND PROBABLY BEFORE 6:30, SOMEWHERE IN THERE.
# 77 Q: SOMEWHERE IN THAT TIME FRAME?
# 79 Q: AGAIN, DO YOU HAVE ANY REPORTS WHICH WOULD REFRESH YOUR RECOLLECTION REGARDING THAT TIME?
# 80 A: THE TIME OF HIS ARRIVAL?
# 81 Q: YEAH, THE TIME THAT HE GOT BACK THERE, YES?
# 83 Q: ALL RIGHT. NOW, YOU TOLD US YESTERDAY ON DIRECT EXAMINATION THAT YOU RECOVERED SOME REEBOK SHOES FROM MR. SIMPSON'S RESIDENCE THERE. DO YOU RECALL THAT?
# 85 Q: AND WHEN YOU RECOVERED THESE SHOES MR. SIMPSON WAS THERE, RIGHT?
# 87 Q: DO YOU HAVE A REPORT WITH REGARD TO THAT THAT INDICATES THE TIME OF THE RECOVERY OF THESE REEBOK SHOES?
# 88 A: I DON'T BELIEVE THERE IS ANYTHING ABOUT THE TIME, NO.
# 89 Q: ALL RIGHT. DO YOU HAVE A REPORT BUT IT DOESN'T TELL THE TIME?
# 90 A: THERE IS A PROPERTY REPORT, BUT I DON'T BELIEVE THERE IS A TIME ON IT.
# 91 Q: ALL RIGHT. NOW, THESE TENNIS SHOES, WHERE WERE THEY RECOVERED FROM?
# 92 A: FROM THE WALK-IN CLOSET ADJACENT TO THE MASTER BEDROOM.
# 93 Q: THAT IS UPSTAIRS IN THE BEDROOM ON ROCKINGHAM?
# 95 Q: WHERE -- DO YOU RECALL THAT ALL THE SHOES WERE LIKE KIND OF LINED UP IN SOME KIND OF SYMMETRICAL ORDER ACCORDING TO COLOR AND SORT OF THING? DO YOU RECALL THAT?
# 96 A: THEY WERE WITH SEVERAL SHOES, YES, ON THE FLOOR.
# 97 Q: ALL RIGHT. THERE WERE SOME TENNIS SHOES ON THE FLOOR?
# 98 A: THERE WERE TENNIS SHOES ALSO, YES.
# 99 Q: AND THESE SHOES, BASED UPON YOUR INVESTIGATION, WERE IMPORTANT TO YOU; IS THAT CORRECT?
# 100 A: THERE WAS A POSSIBILITY THAT THEY WOULD BE OF SOME IMPORT, YES.
# 101 Q: ALL RIGHT. SO YOU ASKED MR. SIMPSON AT SOME POINT TO POINT OUT THE SHOES HE WAS WEARING, AS YOU SAID YESTERDAY; IS THAT CORRECT, THE NIGHT BEFORE?
# 102 A: IF HE COULD RECALL THE SHOES HE WAS WEARING, YES.
# 103 Q: ALL RIGHT. YOU WENT AND THEN YOU THEN PICKED UP THESE REEBOK SHOES, RIGHT?
# 105 Q: WAS VANNATTER PRESENT WHEN THIS TOOK PLACE?
# 106 A: I DON'T BELIEVE SO.
# 107 Q: NOW, WITH REGARD TO THOSE SHOES, DID YOU TAKE THOSE SHOES BACK DOWNTOWN AND BOOK THEM AT PARKER CENTER?
# 108 A: I WOULDN'T HAVE DONE THAT, NO.
# 109 Q: PURSUANT TO THE LOS ANGELES POLICE DEPARTMENT MANUAL YOU WOULD HAVE TAKEN THE SHOES AND BOOKED THEM AT SOME OTHER STATION PERHAPS ON YOUR WAY HOME, COULD YOU NOT?
# 110 A: NO, I COULD NOT HAVE.
# 111 Q: YOU COULD NOT DO THAT?
# 112 A: I COULD NOT HAVE DONE THAT.
# 113 Q: WHAT DOES THE LOS ANGELES POLICE DEPARTMENT MANUAL SAY ABOUT THE BOOKING OF EVIDENCE AS SOON AS POSSIBLE AFTER IT IS TAKEN INTO AN OFFICER'S POSSESSION?
# 114 A: GENERALLY IT SAYS THAT IT SHALL BE BOOKED AS SOON AS POSSIBLE. THAT MANUAL IS A GUIDE AND TO BE INTERPRETED AS SUCH TO ASSIST US TO DO OUR JOB IN A UNIFORM MANNER. IT IS NOT POSSIBLE AT ALL TIMES TO DO EXACTLY WHAT THE MANUAL SAYS.
KEY QUOTE # 115 Q: ALL RIGHT. NOW WE ARE TALKING NOT THE EXPLANATION; WE ARE TALKING ABOUT THE MANUAL, OKAY?
# 116 MS. CLARK: OBJECTION, OBJECTION. EDITORIALIZING.
# 117 THE COURT: OVERRULED AT THIS POINT.
# 118 MR. COCHRAN: THANK YOU.
# 119 THE COURT: IT IS NOT A QUESTION. REPHRASE THE QUESTION.
# 120 MR. COCHRAN: MAY I REPHRASE THE QUESTION?
# 122 MR. COCHRAN: THANK YOU, YOUR HONOR.
# 123 Q: ARE WE TALKING ABOUT SECTION 510.10 OF THE MANUAL?
# 124 A: I AM AWARE OF THE CONTENT, COUNSELOR. I HAVEN'T -- I HAVEN'T MEMORIZED THE SECTION.
# 125 Q: ALL RIGHT. WELL, LET ME READ THIS TO YOU AND SEE IF THIS REFRESHES YOUR RECOLLECTION.
# 126 MS. CLARK: OBJECTION, YOUR HONOR. CAN THE WITNESS BE ALLOWED TO --
# 127 THE COURT: SUSTAINED. THAT IS NOT THE APPROPRIATE WAY. DO YOU WANT TO SHOW IT TO HIM?
# 128 MR. COCHRAN: SURE. THANK YOU, YOUR HONOR.
# 129 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 130 MR. COCHRAN: MAY I BORROW YOUR HONOR'S MANUAL, LAPD MANUAL?
# 131 THE COURT: I RETURNED THAT BACK TO THE CHIEF'S OFFICE AFTER WE BORROWED IT.
# 132 MR. COCHRAN: ALL RIGHT.
# 133 MS. CLARK: YOUR HONOR, THIS IS -- WHAT COUNSEL IS ATTEMPTING TO SHOW --
# 134 THE COURT: NO, COUNSEL.
# 135 MS. CLARK: IT IS NOT THE MANUAL.
# 136 MR. COCHRAN: I HAVE A SECTION OF THE MANUAL AND I WANT TO SHOW IT TO HIM.
# 137 THE COURT: IF IT IS NOT THE ACTUAL MANUAL -- WE HAVE A MANUAL AVAILABLE, DON'T WE? WHY DON'T WE PASS THIS TOPIC.
# 138 MR. COCHRAN: ALL RIGHT. I WILL SEE IF WE CAN GET THE MANUAL.
# 139 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 140 Q: BY MR. COCHRAN: THE SECTION OF THE MANUAL WE ARE TALKING ABOUT DEALS WITH BOOKING OF EVIDENCE AND NON-EVIDENCE GENERALLY, DOES IT NOT?
# 141 A: I BELIEVE IT MAY, YES.
# 142 Q: AND DOESN'T IT INDICATE TO YOU THAT AN EMPLOYEE SEIZING OR TAKING CUSTODY OF EVIDENCE SHALL ENSURE IT IS PROPERLY --
# 143 MS. CLARK: OBJECTION, YOUR HONOR.
# 144 THE COURT: SUSTAINED.
# 145 MR. COCHRAN: I CAN ASK HIM ABOUT HIS RECOLLECTION OF WHAT IT SAYS, YOUR HONOR.
# 146 THE COURT: YOU CAN.
# 147 Q: BY MR. COCHRAN: DOESN'T THE MANUAL INDICATE THAT HE SHALL BOOK EVIDENCE SEIZED WITHOUT UNNECESSARY DELAY? ISN'T THAT WHAT THE MANUAL SAYS?
# 148 A: IT SAYS THAT, BUT THAT IN FACT IS A GUIDE.
# 149 Q: CAN YOU JUST ANSWER? IS THAT WHAT THE MANUAL SAYS?
# 150 MS. CLARK: OBJECTION, YOUR HONOR. THE WITNESS IS ALLOWED TO EXPLAIN.
# 151 THE COURT: HE IS ENTITLED TO FINISH HIS ANSWER. DON'T ARGUE WITH THE WITNESS.
# 152 MR. COCHRAN: I WOULD LIKE HIM TO BE RESPONSIVE, IF THE COURT PLEASES.
# 153 THE COURT: HE IS. HE IS ANSWERING THE QUESTION.
# 154 MR. COCHRAN: ALL RIGHT.
# 155 THE COURT: I THINK WE ARE ALL AGREED AS A GENERAL POLICY EVIDENCE SHOULD BE BOOKED AS SOON AS POSSIBLE.
# 156 MR. COCHRAN: ALL RIGHT. I WANT HIM TO SAY THAT, YOUR HONOR.
# 157 THE COURT: HE SAID THAT ALREADY TWICE.
# 158 MR. COCHRAN: ALL RIGHT.
# 159 Q: SO NOW IN THAT REGARD -- SO YOU ARE AWARE OF THAT ON JUNE 13TH; IS THAT CORRECT?
# 161 Q: OKAY. NOW, WITH REGARD TO THE TAKING OF THESE PARTICULAR SHOES, YOU DID NOT BOOK THOSE SHOES ANY PLACE THAT NIGHT, DID YOU?
# 162 A: THAT NIGHT I COULDN'T HAVE, NO.
# 163 Q: ALL RIGHT. YOU TOOK THOSE SHOES HOME TO SIMI VALLEY WITH YOU?
KEY QUOTE # 164 A: THAT IS CORRECT.
# 165 Q: PUT THEM IN THE BACK OF THE POLICE CAR?
# 167 Q: IN THE BACK OF THE TRUNK OF THE CAR?
# 168 A: THEY WERE PLACED IN A CARDBOARD BOX THAT WENT INTO THE TRUNK, YES.
# 169 Q: DID YOU EXAMINE THEM VISUALLY AT -- WHEN YOU FIRST TOOK THEM?
# 171 Q: FROM THE CLOSET?
# 172 (NO AUDIBLE RESPONSE.) # 173 Q: AND THEN WHERE DID YOU GET THIS BOX THAT YOU PUT THEM IN?
# 174 A: I HAD A BOX IN THE TRUNK OF MY VEHICLE.
# 175 Q: ALL RIGHT. YOU TOOK THEM -- TOOK THE SHOES AND THEN YOU PUT THEM IN THE BOX AND THEN YOU TOOK THE BOX, PUT IT IN THE TRUNK, I PRESUME, AND TOOK IT HOME, RIGHT?
# 177 Q: DID YOU ON JUNE 14TH, OR SOMETIME AFTER THAT, BOOK THOSE SHOES INTO PROPERTY?
# 179 Q: DID YOU EVER BOOK THE SHOES?
# 180 A: NO. I TURNED THE SHOES OVER TO GREG MATHESON, THE CRIMINALIST, TO BE EXAMINED AND THEN HE WOULD TURN THEM OVER TO BE BOOKED.
# 181 Q: AND WHEN DID YOU TURN THE SHOES OVER TO GREG MATHESON?
# 182 A: I BELIEVE IT WAS APPROXIMATELY 7:30 A.M. ON THE MORNING OF THE 14TH OF JUNE, '94.
# 183 Q: DO YOU HAVE A REPORT WITH YOU TODAY THAT DETAILS THIS INFORMATION THAT YOU ARE JUST TALKING ABOUT?
# 184 A: THERE WOULDN'T BE ANY REPORT THAT DETAILS THAT. POSSIBLY A LOG ENTRY, BUT THERE WOULDN'T BE ANY REPORT.
# 185 Q: ALL RIGHT. DO YOU HAVE A LOG ENTRY THAT TELLS US THIS?
# 186 A: I COULD LOOK. I DON'T KNOW.
# 188 A: (WITNESS COMPLIES.) YES, THERE IS A LOG ENTRY OF JUNE 14TH AT 7:00 A.M.
# 189 MR. COCHRAN: MAY I APPROACH, YOUR HONOR?
# 190 THE COURT: YOU MAY.
# 191 Q: AGAIN WHAT ARE WE REFERRING TO, SIR?
# 192 A: WE ARE REFERRING TO TURNING OVER THE REEBOK SHOES THAT YOU ARE ASKING ME ABOUT.
# 193 Q: AND THE BOOK WE ARE REFERRING TO IS YOUR HOMICIDE MANUAL?
# 194 A: IT IS THE CHRONOLOGICAL RECORD.
# 195 Q: WELL, DOES IT SAY ANYTHING ABOUT SHOES ON HERE?
# 196 A: NO, IT SAYS "EVIDENCE."
# 197 Q: IT JUST SAYS "RE EVIDENCE," RIGHT?
# 199 Q: IT DOESN'T SAY ANYTHING ABOUT REEBOK SHOES, DOES IT?
# 200 A: IT DOESN'T SAY ANYTHING ABOUT REEBOK SHOES, BUT THAT WAS WHEN I TURNED THEM OVER.
# 201 Q: DO YOU SHOW -- LET'S LOOK AT THIS LOG WHILE WE ARE HERE.
DOES IT SHOW ON THIS LOG WHAT TIME IT WAS THAT YOU GOT BACK TO THE ROCKINGHAM RESIDENCE?
# 202 A: GOT BACK TO THE ROCKINGHAM RESIDENCE? FROM --
# 203 Q: GOT TO -- FROM PARKER CENTER? DO YOU HAVE AN INDICATION OF THAT AT ALL?
# 207 Q: AND WHAT TIME DOES IT SHOW?
# 208 A: 5:20 P.M. ON THE 13TH.
# 209 THE COURT: ALL RIGHT. DETECTIVE LANGE, IS THERE A KNOB THERE ON THE SECOND ONE THERE? IS THAT WHAT THE PROBLEM IS?
# 210 DET. TOM LANGE: I BELIEVE IT IS LOOSE DOWN IN HERE. THAT MAY BE BETTER.
# 211 MR. COCHRAN: THANK YOU, YOUR HONOR.
# 212 Q: SO YOUR CHRONOLOGICAL RECORD INDICATES THAT ABOUT 5:20 ON JUNE 13TH YOU CAME BACK WITH THE SEARCH WARRANT AT 360 NORTH ROCKINGHAM?
# 213 A: I BELIEVE THE WARRANT HAD ALREADY BEEN SERVED. I CAME TO THAT LOCATION TO ASSIST IN THE SERVICE.
# 214 Q: ALL RIGHT. AND DO YOU KNOW HOW LONG YOU STAYED AT THE LOCATION THAT DAY, AT THE ROCKINGHAM LOCATION?
# 215 A: APPROXIMATELY 6:30, I GUESS, PERHAPS 6:45. Q: ALL RIGHT. YOU HAVE AN INDEPENDENT RECOLLECTION WHERE WE ARE TALKING ABOUT EVIDENCE HERE ON JUNE 14TH AT SEVEN O'CLOCK IN THE MORNING THAT YOU RECALL TURNING THESE REEBOK TENNIS SHOES OVER TO MATHESON?
# 217 Q: AND DO YOU KNOW WHAT HE DID WITH THEM AT THAT POINT?
# 218 (NO AUDIBLE RESPONSE.) # 219 Q: WHAT MATHESON DID WITH THE SHOES?
# 220 A: YES. I REQUESTED A PHENOL OR PRESUMPTIVE TEST ON REDDISH STAINS THAT I OBSERVED ON THE SHOES AND HE PERFORMED THAT EXAMINATION.
# 221 Q: YOU DID THAT ON THAT DATE?
# 223 Q: AND ARE THE SHOES STILL BOOKED INTO EVIDENCE NOW?
# 225 Q: ALL RIGHT. AND DO YOU KNOW THE EVIDENCE NUMBER OF THOSE PARTICULAR SHOES?
# 226 A: NOT OFFHAND. THAT WOULD BE ON THE PROPERTY REPORT.
# 227 Q: AT THE TIME YOU GAVE HIM THOSE SHOES, MATHESON, ON JUNE 14TH AT ABOUT SEVEN O'CLOCK IN THE MORNING, DID YOU GIVE HIM ANY OTHER ITEMS OF EVIDENCE AT THAT POINT?
# 228 A: I DON'T BELIEVE SO.
# 229 Q: THAT IS ALL YOU GAVE HIM?
# 230 A: THAT IS MY RECOLLECTION.
# 231 Q: NOW, WITH REGARD TO OTHER EVIDENCE IN THIS PARTICULAR CASE, DID YOU RECOVER AT THE BUNDY SCENE SOME CHANGE THAT WAS IN THE REAR AREA NEAR THE JEEP VEHICLE?
# 233 Q: DID YOU SEE SOME CHANGE BACK THERE?
# 234 A: YES. I BELIEVE THAT WAS RECOVERED BY THE CRIMINALIST.
# 235 Q: AND WAS THAT -- WAS THAT -- WAS THE CHANGE EVER BOOKED INTO EVIDENCE?
# 236 A: I BELIEVE IT WAS.
# 237 Q: AND WHO BOOKED THAT EVIDENCE?
# 238 A: I BELIEVE IT WAS CRIMINALIST FUNG.
# 239 Q: NOW, WOULD THE CRIMINALIST BOOK THAT OR WOULD THAT BE BOOKED UNDER YOUR DIRECTION?
# 240 (NO AUDIBLE RESPONSE.) # 241 Q: AS THE INVESTIGATOR?
# 242 A: THE CRIMINALIST WOULD HAVE TAGGED IT AND HAD IT PHOTOGRAPHED AND COLLECTED IT AND BOOKED IT.
# 243 Q: NOW, YOU SAW IT, THOUGH, THAT NIGHT; IS THAT CORRECT?
# 244 A: YES. IT WAS POINTED OUT TO ME WHEN I FIRST ARRIVED.
# 246 A: BY DETECTIVE PHILLIPS.
# 247 Q: SO THAT WE HAVE A WORD PICTURE, CAN YOU TELL US WHERE THIS WAS LOCATED?
# 248 A: THE TWO COINS WERE LOCATED IN THE REAR DRIVEWAY AREA NEAR THE JEEP GRAND CHEROKEE BELONGING TO THE VICTIM.
# 249 Q: ALL RIGHT. AND PHILLIPS HAD SHOWN YOU THIS, HAD HE?
# 250 A: HE POINTED THEM OUT, YES.
# 251 Q: DID YOU EVER SEE ANY PHOTOGRAPHS OF THIS -- OF THESE COINS THAT WERE ON THE -- ON THAT REAR WALKWAY?
# 253 Q: AND DID YOU -- DO THEY APPEAR TO BE OVER A TIRE TRACK AREA?
# 254 (NO AUDIBLE RESPONSE.) # 255 Q: DO YOU RECALL THAT?
# 256 A: I DON'T RECALL THAT.
# 257 MR. COCHRAN: JUST A SECOND, YOUR HONOR.
# 259 MR. COCHRAN: YOUR HONOR, I WOULD LIKE TO MARK AS DEFENDANT'S NEXT IN ORDER TWO PHOTOGRAPHS THAT --
# 260 THE COURT: 1032 AND 1033.
# 261 MR. COCHRAN: I WILL MARK THEM 1032 AND 1033, YOUR HONOR.
# 262 THE COURT: HAVE YOU SHOWN THESE TO MISS CLARK?
# 263 MR. COCHRAN: 1032 AND 1033. I WILL SHOW THEM TO COUNSEL.
# 264 (DEFT'S 1032&1033 FOR ID = PHOTOGRAPHS) # 265 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 266 MR. COCHRAN: MAY I APPROACH, YOUR HONOR?
# 267 THE COURT: YOU MAY.
# 268 Q: BY MR. COCHRAN: I WOULD LIKE TO PLACE BEFORE YOU, IF I CAN, EXHIBITS D-1032 AND 1033 AND ASK YOU -- FIRST OF ALL, LET'S LOOK AT 1032. CAN YOU SEE WHAT IS DEPICTED THERE IN 1032?
# 269 A: IS THIS 1032 HERE?
# 271 A: YES. IT APPEARS TO BE A DIME AND A PENNY.
# 272 Q: AND DO YOU RECALL IF THAT APPEARS TO BE A FAIR AND ACCURATE PORTRAYAL OF THE WAY THE DIME AND THE PENNY APPEARED WHEN YOU SAW IT WHEN PHILLIPS SHOWED IT TO YOU AT THE BUNDY LOCATION?
# 274 Q: ALL RIGHT. LOOK AT 1033 AND TELL US WHAT YOU SEE THERE IN 1033.
# 275 A: ALSO A DIME AND A PENNY WITH A -- LOOKS LIKE A PHOTOGRAPHER'S RULE ALONGSIDE.
# 276 Q: ALL RIGHT. DO YOU RECOGNIZE THAT DIME AND THAT PENNY DEPICTED THERE?
# 277 A: I RECOGNIZE A DIME AND A PENNY. FROM THAT I WOULD ASSUME THAT THAT WOULD BE THE COINS LOCATED AT THE REAR.
# 278 Q: WELL, SO THAT WE ARE CLEAR, DID YOU SEE TWO DIMES AND TWO PENNIES OR ONE DIME AND ONE PENNY?
# 279 A: MY RECOLLECTION IS ONE TIME AND A PENNY.
# 280 Q: NOW, I WANT YOU TO LOOK, FIRST OF ALL, AT -- LOOK AT 1033. THERE APPEAR TO BE TIRE TRACK MARKS ON THAT PHOTOGRAPH. DO YOU SEE THAT?
# 282 Q: OKAY. AND THE PENNY SEEMS TO BE RIGHT OVER THE END OF THE TIRE TRACK MARKS. DO YOU SEE THAT?
# 284 Q: IS THAT THE WAY THAT APPEARED WHEN YOU SAW THAT ON JUNE 13TH, 1994?
# 285 A: IN THIS PHOTO HERE?
# 288 Q: IT HAS THE RULER THERE.
# 289 A: I WOULD SAY THIS IS THE WAY IT APPEARED, YES.
# 290 THE COURT: WHICH ONE?
# 291 MR. COCHRAN: THAT IS 1033, I BELIEVE, YOUR HONOR, HE IS REFERRING TO.
# 292 THE COURT: THANK YOU.
# 293 Q: BY MR. COCHRAN: I WANT YOU TO LOOK AT 1032, PUT THEM ON THE ELMO, YOUR HONOR, AND THE DIME AND THE PENNY IN THAT PHOTOGRAPH APPEARS TO BE IN A DIFFERENT LOCATION, BUT DO YOU SEE TIRE TRACK MARKS UNDER THAT ALSO? DID YOU SEE THEM?
# 295 Q: DO YOU RECALL EVER SEEING A DIME AND A PENNY IN THAT PARTICULAR LOCATION?
# 297 Q: ALL RIGHT. IN REVIEWING YOUR REPORTS, DO YOU RECALL THE TOTAL AMOUNT OF CHANGE BOOKED AT THE TIME THIS EVIDENCE WAS -- WAS RECOVERED?
# 298 A: I WILL BELIEVE IT WAS 11 CENTS.
# 299 Q: ALL RIGHT. SO UNDER THAT SCENARIO, THIS WOULD BE THE SAME DIME AND PENNY, RIGHT?
# 300 A: I BELIEVE SO, YES.
# 301 MR. COCHRAN: MAY I PUT THIS ON THE ELMO, YOUR HONOR? FIRST OF ALL I WOULD LIKE TO PUT 1032 ON THE ELMO.
# 302 Q: AND DETECTIVE LANGE, YOU SEE RIGHT WHERE THE PENNY IS? YOU SEE THOSE -- THOSE MARKS RIGHT UNDER THAT? DO THOSE APPEAR TO YOU TO BE TRACK MARKS, TIRE TRACK MARK?
# 303 A: IT APPEARS THEY COULD BE, YES.
# 304 Q: OKAY. AND THE 118-A, THAT LITTLE CARD THERE, WHAT DOES THAT -- THAT IS AN LAPD HIM EVIDENCE CARD?
# 305 A: THAT WOULD BE THE CRIMINALIST IDENTIFICATION CARD TAKEN FOR THE BENEFIT OF THE PHOTOGRAPH.
# 306 Q: ALL RIGHT. AND BY THE WAY, DID YOU HAVE A TIRE TRACK EXPERT COME OUT AND LOOK AT ANY OF THE TIRE TRACKS THAT MAY OR MAY NOT HAVE BEEN AT THE REAR OF THAT LOCATION?
# 310 Q: NEVER BEEN DONE TO THIS DAY?
KEY QUOTE # 312 Q: ALL RIGHT. LET'S TAKE A LOOK AT 1033. NOW, THIS IS 1033 WITH THE PENNY KIND OF RIGHT ON THE EDGE OF AGAIN WHAT APPEARS TO BE SOME TIRE TRACK MARK. DO YOU SEE THOSE?
# 314 Q: DO YOU SEE THAT LITTLE RULER THERE?
# 316 Q: HAVE YOU SEEN A RULER LIKE THAT BEFORE?
# 318 Q: AND WHAT IS THAT?
# 319 A: THAT IS A PHOTOGRAPHER'S RULE.
# 320 Q: ALL RIGHT. THAT IS THE KIND OF PHOTOGRAPHER'S RULER THAT IS USED BY THE LOS ANGELES POLICE DEPARTMENT?
# 321 A: IT APPEARS TO BE.
# 322 MR. COCHRAN: ALL RIGHT. AND YOUR HONOR, I WOULD LIKE TO PUT THOSE TWO PHOTOGRAPHS IN JUXTAPOSITION TO EACH OTHER RIGHT SIDE-BY-SIDE.
# 323 THE COURT: ALL RIGHT.
# 324 MR. COCHRAN: CAN WE DO THAT?
# 326 Q: BY MR. COCHRAN: NOW, CAN YOU LOOK AND SEE THE TIRE TRACK MARKS ON BOTH THOSE PHOTOGRAPHS?
# 328 Q: DO THEY APPEAR TO BE CONSISTENT IN 1032 AND 1033, ONE TIRE TRACK MARK THERE ALSO?
# 329 MS. CLARK: OBJECTION, YOUR HONOR. THAT CALLS FOR SPECULATION.
# 330 MR. COCHRAN: I AM ASKING IF HE KNOWS.
# 331 MS. CLARK: THE PROBLEM WITH THE PHOTOGRAPHS AS WELL AS WITH EXPERTISE, YOUR HONOR.
# 332 MR. COCHRAN: I AM ASKING IF HE KNOWS.
# 333 MS. CLARK: FOUNDATION.
# 334 THE COURT: SUSTAINED, WITHOUT FURTHER FOUNDATION.
# 335 MR. COCHRAN: ALL RIGHT.
# 336 Q: YOU HAVE BEEN A HOMICIDE DETECTIVE, AS WE HAVE ESTABLISHED, FOR 20 SOME YEARS; IS THAT CORRECT?
# 337 A: APPROXIMATELY TWENTY YEARS.
# 338 Q: AND IN THE COURSE OF YOUR EXPERIENCE AS A HOMICIDE DETECTIVE YOU HAVE DEALT IN OTHER CASES WITH TIRE TRACKS?
# 340 Q: AT SCENES OF CRIMES, HAVE YOU NOT?
# 342 Q: AND YOU ARE FAMILIAR WITH THE PATTERNS MADE BY DIFFERENT KINDS OF VEHICLES AS THEY LEAVE TIRE TRACKS, ARE YOU NOT?
# 344 Q: YOU ARE NOT FAMILIAR AT ALL WITH THAT?
# 345 A: I AM FAMILIAR THAT TIRES LEAVE PATTERNS; NOT WITH THE VEHICLES.
# 346 Q: ALL RIGHT. WELL, LET'S TALK ABOUT TIRES LEAVING PATTERNS. YOU ARE FAMILIAR WITH THAT, RIGHT?
# 348 Q: AND YOU HAVE IN THE PAST CALLED UPON OTHER PEOPLE IN THE POLICE DEPARTMENT TO TAKE PHOTOGRAPHS OF TIRE TRACKS? HAVE YOU USED THOSE IN EVIDENCE IN OTHER CASES?
# 349 A: THAT HAS HAPPENED, YES.
# 350 Q: ALL RIGHT. OVER THE COURSE OF YOUR 20-YEAR EXPERIENCE?
# 352 Q: AND GIVEN ALL YOUR EXPERIENCE IN LOOKING AT THESE TIRE TRACK MARKS DEPICTED ON 1032 AND 1033, FIRST OF ALL, YOU --
# 353 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 354 Q: BY MR. COCHRAN: FIRST 1033. IN 1033 YOU DO SEE TIRE TRACK MARKS IN THAT, DON'T YOU?
# 356 Q: AND IN 1032 DO YOU SEE TIRE TRACK MARKS?
# 358 Q: AND YOU HAVE ALREADY TOLD US THAT THEY BOOKED 11 CENTS IN CONNECTION WITH THIS CASE. DOES IT APPEAR TO YOU IN THESE TWO PHOTOGRAPHS PLACED IN JUXTAPOSITION THAT THE COINS HAVE BEEN MOVED?
# 359 A: IF THIS WERE A TRUE REPRESENTATION OF THAT MARK, IT IS LINED UP, THE LOWER ONE CERTAINLY DOES APPEAR TO BE CLOSER.
KEY QUOTE # 360 Q: THEY SEEM TO BE CLOSER TOGETHER, DO THEY NOT?
# 362 Q: ALL RIGHT. NOW, ONE OF THE THINGS THAT YOU STRIVE TO DO AS AN INVESTIGATOR AT THE SCENE IS TO MAKE SURE THAT EVIDENCE IS NOT MOVED; ISN'T THAT CORRECT?
# 364 Q: AND IF EVIDENCE IS MOVED INADVERTENTLY, INTENTIONALLY OR ACCIDENTALLY, AS PART OF YOUR TRAINING, YOU LOG THAT OR YOU MAKE A NOTE OF THAT; ISN'T THAT CORRECT?
# 365 A: I WOULD PROBABLY DO THAT. EITHER THAT OR HAVE IT DOCUMENTED SUCH AS IT IS HERE.
# 366 Q: RIGHT. YOU WOULD DOCUMENT IT IN SOME WAY; IS THAT CORRECT?
# 367 A: IF I KNEW, I WOULD ATTEMPT TO DO THAT, YES.
# 368 Q: HAVE YOU SEEN THESE PHOTOGRAPHS BEFORE TODAY?
# 369 A: I HAVE SEEN THE PHOTOGRAPHS, YES.
# 370 Q: HAVE YOU EVER SEEN THEM TOGETHER IN JUXTAPOSITION LIKE THIS BEFORE?
# 374 Q: AT THE SCENE, AT THE BUNDY CRIME SCENE, WHEN YOU WERE PRESENT WHEN THESE BODIES WERE MOVED, THE BODIES OF MRS. SIMPSON AND MR. GOLDMAN, DO YOU RECALL SEEING THE EVIDENCE MOVED AT THE TIME THE BODIES WERE MOVED?
# 375 A: AT THAT TIME, NO. IT WAS SUBSEQUENT TO THAT.
# 376 Q: ALL RIGHT. YOU DIDN'T SEE IT?
# 377 A: I DIDN'T SEE THEM BEING MOVED, NO.
# 378 Q: I MEAN EVIDENCE BEING MOVED WE ARE TALKING ABOUT?
# 379 A: I DIDN'T PHYSICALLY SEE EVIDENCE BEING MOVED, NO.
# 380 Q: OKAY. IF YOU HAD SEEN ANY EVIDENCE BEING MOVED, YOU WOULD HAVE MADE A NOTE OF IT, WOULD YOU NOT HAVE?
# 381 A: EITHER A NOTE OR DOCUMENTED IT IN SOME OTHER FASHION SUCH AS A PHOTOGRAPH.
# 382 Q: YOU WOULD HAVE TRIED TO MAKE SOME RECORDATION OF THAT; ISN'T THAT CORRECT?
# 383 A: MORE THAN LIKELY.
# 384 Q: BUT YOU DIDN'T DO THAT IN THIS CASE, RIGHT?
# 386 Q: YOU DID NOT NOTE THAT IN THIS CASE, DID YOU?
# 387 A: I DID NOT NOTE THE COINS IN THE AREA.
# 388 Q: I WANT TO SHOW YOU AN EXHIBIT MARKED 1034 WITH THE COINS AND THEIR APPROXIMATE LOCATION TO THE JEEP, AND I WILL SHOW IT TO COUNSEL.