Cross-examination of Detective Tom Lange (afternoon, part 7)

📄 Cross-examination of Detective Tom Lange (afternoon, part 7) — Wednesday, February 22, 1995

Address:

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

TRIAL

▲ Day 23 of 167

◀ Cross-examination: evidence handling Motion: videotape admissibility ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, February 22, 1995 • Utterances: 99

Cochran cross-examines Detective Lange while reviewing a crime scene videotape out of the jury's presence. The tape captures various personnel at Bundy — including Ratcliffe from the coroner's office, photographer Rokahr, Lieutenant Rogers, and criminalist Dennis Fung — at various points in the morning of June 13. The session's most pointed moment comes when Fung is seen walking through the crime scene apparently bare-handed, a detail Cochran highlights to the jury.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

BACK ON THE RECORD IN THE SIMPSON MATTER. ALL THE PARTIES ARE PRESENT. COUNSEL, ANYTHING WE NEED TO DISCUSS BEFORE WE HAVE THE JURORS REJOIN US?

# 3 MR. COCHRAN:

YOUR HONOR WANTED TO SHOW THE VIDEO AT THIS POINT?

# 4 THE COURT:

OH, YES.

# 5 MR. COCHRAN:

CAN DETECTIVE LANGE STEP OUT?

# 6 MS. CLARK:

YOU ARE GOING TO SHOW IT TO HIM. WHAT'S THE POINT? SHOCK VALUE?

# 7 MR. COCHRAN:

HE CAN STAY TO SAVE SOME TIME.

# 8 DET. TOM LANGE:

UP HERE, YOUR HONOR?

# 9 MR. COCHRAN:

YOUR HONOR, WHEN IT COMES TO A POINT THAT I DON'T NECESSARILY WANT TO SHOW, I WILL TRY TO LET YOUR HONOR KNOW, SEE IF WE CAN CUT THROUGH THAT.

# 10 (AT 3:09 P.M., A VIDEOTAPE, WAS PLAYED.)

# 11 THE COURT:

WELL, WE GOT COLOR BARS.

# 12 MR. COCHRAN:

I DON'T WANT TO SHOW THIS PART. DO YOU RECOGNIZE THAT GENTLEMAN THERE?

# 13 DET. TOM LANGE:

OH, YEAH. THE ONE ON THE LEFT?

# 14 MR. COCHRAN:

YES. THE ONE WITH ALL THAT HAIR. YOU RECOGNIZE THOSE TWO -- IS THAT PHILLIPS AND ROGERS?

# 15 DET. TOM LANGE:

YES. ARE WE ON THE RECORD HERE?

# 16 THE COURT:

YES, WE ARE. WHY DON'T YOU USE THE MICROPHONE, DETECTIVE. THE RECORD SHOULD REFLECT WE'VE VIEWING A VIDEOTAPE AT THIS TIME.

# 17 MR. COCHRAN:

NOW, DO YOU RECOGNIZE THAT LADY?

# 18 DET. TOM LANGE:

THAT'S RATCLIFFE ON THE LEFT.

# 19 MR. COCHRAN:

CORONER'S LADY?

# 20 DET. TOM LANGE:

YES.

# 21 MR. COCHRAN:

WOULD THIS BE THE TIME WHERE YOU ARE TELLING HER WHAT YOU HAVE HERE?

# 22 DET. TOM LANGE:

YES.

# 23 MR. COCHRAN:

IS THAT PHILLIPS IN THE FOREGROUND?

# 24 DET. TOM LANGE:

YES.

# 25 MR. COCHRAN:

ABOUT WHAT TIME WOULD THAT BE? SHORTLY AFTER 9:00 O'CLOCK IF YOU ARRIVED AT 9:10?

# 26 DET. TOM LANGE:

I WOULD SAY SO, YES.

# 27 MR. COCHRAN:

NOW, THAT SHEET THAT'S OVER THE BODY, THAT SHEET THAT YOU'RE HANDLING THERE, IS THAT THE BODY OF NICOLE BROWN SIMPSON?

# 28 DET. TOM LANGE:

YES.

# 29 MR. COCHRAN:

NOW, ARE YOU SHOWING THE BACK AT THAT POINT TO HER?

# 30 DET. TOM LANGE:

I DON'T KNOW IF THAT'S THE BACK AT THAT POINT OR -- POSSIBLY. I DON'T KNOW FOR SURE WHAT I'M DOING THERE. IT'S HARD TO SEE.

# 31 MR. COCHRAN:

BUT THAT'S NICOLE BROWN SIMPSON'S BODY AND YOU ARE TALKING TO RATCLIFFE AND YOU ARE OVER THE BODY AND IT'S STILL IN THAT FETAL POSITION, RIGHT?

# 32 DET. TOM LANGE:

YES.

# 33 MR. COCHRAN:

IS THIS THE ARRIVAL OF THE COUNTY CORONER'S OFFICE WITH JACOBO?

# 34 DET. TOM LANGE:

YES.

# 35 MR. COCHRAN:

THAT WOULD BE A FEW MINUTES AFTER SHE CAME AT 9:10?

# 36 DET. TOM LANGE:

YES.

# 37 MR. COCHRAN:

ABOUT 9:20, 9:25 PERHAPS?

# 38 DET. TOM LANGE:

SOMETHING LIKE THAT.

# 39 MR. COCHRAN:

WHAT TIME WOULD YOU ESTIMATE THIS TO BE AT?

# 40 DET. TOM LANGE:

PERHAPS 9:15.

# 41 MR. COCHRAN:

WHO DID YOU LOG IN WITH? IS THAT CUMMINGS? DO YOU KNOW?

# 42 DET. TOM LANGE:

I DON'T KNOW.

# 43 MR. COCHRAN:

IS THAT RATCLIFFE UP IN THE BACK?

# 44 DET. TOM LANGE:

YES.

# 45 MR. COCHRAN:

IS THAT 873?

# 46 DET. TOM LANGE:

YES.

# 47 MR. COCHRAN:

IS THAT NICOLE BROWN SIMPSON'S BODY?

# 48 DET. TOM LANGE:

YES.

# 49 MR. COCHRAN:

YOU ARE TALKING TO LIEUTENANT ROGERS THERE?

# 50 DET. TOM LANGE:

YES.

# 51 MR. COCHRAN:

DO YOU REMEMBER WHAT TIME THAT WAS APPROXIMATELY?

# 52 DET. TOM LANGE:

I HAVE NO IDEA.

# 53 MR. COCHRAN:

WERE THOSE THE PRINT TECHNICIANS IN THE REAR OF THE VEHICLE?

# 54 DET. TOM LANGE:

YES.

# 55 MR. COCHRAN:

DO YOU KNOW WHAT TIME THAT WAS?

# 56 DET. TOM LANGE:

NO.

# 57 MR. COCHRAN:

NEVER MIND THIS PART. NOW, DO YOU KNOW THAT OFFICER, THAT AFRICAN-AMERICAN OFFICER, WHO THAT IS?

# 58 DET. TOM LANGE:

I WOULD RECOGNIZE HIS NAME IF I SAW IT. SERGEANT PALMER.

# 59 MR. COCHRAN:

THAT'S PALMER?

# 60 DET. TOM LANGE:

YES.

# 61 MR. COCHRAN:

SERGEANT PALMER?

# 62 DET. TOM LANGE:

YES.

# 63 MR. COCHRAN:

THE BODIES ARE STILL THERE AT THIS POINT?

# 64 DET. TOM LANGE:

YES.

# 65 MR. COCHRAN:

ALL RIGHT. NOW, YOU RECOGNIZE THAT GENTLEMAN?

# 66 DET. TOM LANGE:

YES. THAT'S ME.

# 67 MR. COCHRAN:

WHAT DO YOU HAVE IN YOUR HANDS?

KEY QUOTE

# 68 DET. TOM LANGE:

GLOVES.

# 69 MR. COCHRAN:

REFRESH YOUR RECOLLECTION? THE BODIES ARE STILL THERE AT THIS POINT?

# 70 DET. TOM LANGE:

YES.

# 71 MR. COCHRAN:

DO YOU RECOGNIZE THESE PERSONS DEPICTED HERE WHO ARE JUST WALKING OUT? WHO IS IN THAT LIGHT COLORED JACKET?

# 72 DET. TOM LANGE:

APPEARS TO BE THE PHOTOGRAPHER.

# 73 MR. COCHRAN:

IS THAT ROKAHR OR SOMEBODY ELSE?

# 74 DET. TOM LANGE:

I BELIEVE IT'S ROKAHR.

# 75 MR. COCHRAN:

NOW, WHAT'S THAT OBJECT -- NOW, IS THAT THE PLASTIC YOU'RE TALKING ABOUT?

# 76 DET. TOM LANGE:

YES.

# 77 MR. COCHRAN:

THIS IS REGARDING MISS SIMPSON'S BODY?

# 78 DET. TOM LANGE:

I BELIEVE SO.

# 79 MR. COCHRAN:

WE'LL MOVE THROUGH THIS PART.

# 80 MS. CLARK:

YOUR HONOR, I WOULD LIKE TO SEE THE WHOLE --

KEY QUOTE

# 81 MR. COCHRAN:

I THINK THEY HAVE A COPY OF THE WHOLE THING. I AM GOING TO SHOW THE PARTS I WANT TO SHOW AT THIS POINT. SHE CAN LOOK AT IT ON HER OWN TIME. THE FIRST BODY MOVED WAS MISS SIMPSON'S BODY?

# 82 DET. TOM LANGE:

YES.

# 83 MR. COCHRAN:

WE CAN GO THROUGH THIS PART. IS THAT ROKAHR THERE WITH THE WHITE HAIR?

# 84 DET. TOM LANGE:

YES.

# 85 MR. COCHRAN:

WE CAN SKIP THROUGH THIS PART. LIEUTENANT ROGERS IS BEING INTERVIEWED HERE. WHO IS THAT GOING THROUGH THERE NOW WITHOUT -- BARE-HANDED? IS THAT FUNG?

# 86 DET. TOM LANGE:

RIGHT TO LEFT?

# 87 MR. COCHRAN:

CAN YOU GO BACK TO THAT? YOU MAY HAVE MISSED IT? YEAH. THAT'S YOU; IS IT NOT?

# 88 DET. TOM LANGE:

YES.

# 89 MR. COCHRAN:

NOW, WHO IS THAT?

# 90 DET. TOM LANGE:

FUNG.

# 91 MR. COCHRAN:

BARE-HANDED?

# 92 DET. TOM LANGE:

APPEARS TO BE.

# 93 MR. COCHRAN:

ARE YOU WRITING NOTES THERE?

# 94 DET. TOM LANGE:

YES.

# 95 MR. COCHRAN:

IS THAT SOME OF THE NOTES YOU HAVE IN THAT BOOK THERE?

# 96 DET. TOM LANGE:

I BELIEVE SO.

# 97 MR. COCHRAN:

WHAT TIME OF DAY IS IT ABOUT NOW? THIS IS REGARDING MR. GOLDMAN'S BODY. WE CAN SKIP THROUGH THIS. WHAT TIME OF DAY IS THAT?

# 98 DET. TOM LANGE:

IT'S PROBABLY ABOUT 10:40, 10:45 PERHAPS.

# 99 MR. COCHRAN:

OKAY. I THINK THAT'S IT, YOUR HONOR. I THINK THESE ARE WITNESSES WHO ARE NOW MAKING STATEMENTS.

Temperature

procedural

Key Quotes (4)

Johnnie Cochran

WHO IS THAT? BARE-HANDED?

Cochran identifies Fung handling the crime scene without gloves, a central pillar of the defense's evidence contamination argument.

The Witness

FUNG. APPEARS TO BE.

Lange confirms both the identification and the bare-handed appearance, lending defense credibility to the contamination narrative.

The Witness

WHAT DO YOU HAVE IN YOUR HANDS? GLOVES.

Lange is seen on tape holding gloves — contrasted implicitly with Fung's bare hands moments later in the tape.

Marcia Clark

YOUR HONOR, I WOULD LIKE TO SEE THE WHOLE --

Clark objects to Cochran selectively fast-forwarding through the tape, flagging that he is curating what the court sees.

Evidence (1)

Informal

Crime scene videotape showing Bundy Drive on the morning of June 13, 1994

played in court (out of jury presence) and reviewed with Lange identifying personnel and timestamps

Notable Exchanges (3)

Johnnie Cochran•Marcia Clark

Clark interrupts Cochran's selective playback to demand the full tape be shown; Cochran dismisses her, saying she can watch it on her own time.

adversarial

Johnnie Cochran•The Witness

Cochran methodically walks Lange through identifying each person on the tape — Ratcliffe, Rogers, Palmer, Fung, Rokahr — building a record of who was present and when.

strategic

Johnnie Cochran•The Witness

Cochran gets Lange to confirm Fung appears bare-handed while walking through the crime scene.

revealing

Light Moments (2)

Lance A. Ito

Court gets color bars instead of the video on first play attempt.

The Witness

Cochran spots Lange on tape and asks what he has in his hands; Lange deadpans 'GLOVES.'

Credibility Attacks (1)

⚔ Dennis Fung

videotape evidence — observational

Cochran uses the crime scene video to show Fung walking through the scene apparently bare-handed, undermining the integrity of his evidence collection.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4973 • 99 utterances • Prosecution witness

Criminal Trial

Department 103