ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. ALL RIGHT. LET THE RECORD REFLECT WE'VE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. DETECTIVE TOM LANGE IS STILL ON THE WITNESS STAND ON CROSS-EXAMINATION BY MR. COCHRAN. DETECTIVE LANGE, GOOD AFTERNOON.
THANK YOU VERY KINDLY, YOUR HONOR. YOUR HONOR, I WOULD LIKE AT THIS POINT TO HAVE PLACED ON THE ELMO A PHOTOGRAPH WHICH I BELIEVE IS A DUPLICATE OF 62-E. AND I'LL ALSO -- I'LL ASK THE WITNESS SOME QUESTIONS ABOUT THAT, 62-E.
AND WITH REGARD TO PLAINTIFF'S EXHIBIT 62-E FOR IDENTIFICATION, IS THAT A PHOTOGRAPH OF THE WAY THIS BRONCO WAS PARKED, THAT YOU SAID WAS KIND OF JUTTING OUT FROM THE CURB?
BY MR. COCHRAN: AND IS THAT A FAIR AND ACCURATE PORTRAYAL OF HOW THIS VEHICLE WAS JUTTING OUT FROM THE CURB?
ALL RIGHT. NOW, WHEN YOU WERE AT THE ROCKINGHAM LOCATION, YOU HAD AN OFFICER THERE OR OFFICERS THERE WHO SOUGHT TO SECURE THIS PARTICULAR VEHICLE; ISN'T THAT CORRECT?
AND THEIR JOB, HOWEVER, WAS TO TRY -- AND WAS ONE OF THE OFFICERS THERE GONZALEZ AND ASHTON --
AND THEIR JOB WAS TO TRY TO MAKE THAT VEHICLE SECURE UNTIL SUCH TIME IT WAS TO BE TOWED AWAY OR IMPOUNDED OR WHATEVER; IS THAT CORRECT?
AND I WANT TO BRING UP AND MARK AS DEFENDANT'S -- WE'LL CALL THIS DEFENDANT'S 1038.
I HAVEN'T SEEN THIS PHOTOGRAPH, YOUR HONOR. EXCUSE ME, YOUR HONOR. MAY I ASK THAT COUNSEL TAKE IT DOWN? I HAVEN'T HAD A CHANCE TO --
COUNSEL HAS NOW SEEN THAT, YOUR HONOR. THERE'S NO PHOTOGRAPHS. I DON'T HAVE A PHOTOGRAPH OF THIS. THIS IS D-1038. MAY WE NOW SHOW IT, YOUR HONOR?
BY MR. COCHRAN: ALL RIGHT. NOW, DETECTIVE LANGE, DO YOU SEE THE BRONCO THERE IN THE FOREGROUND?
WHEN YOU HAD LEFT ROCKINGHAM EARLIER THAT MORNING, THE OFFICERS GONZALEZ AND ASHTON WERE IN CHARGE OF SECURING THE BRONCO AND KEEPING PEOPLE AWAY FROM IT, WERE THEY?
I LEFT APPROXIMATELY 6:45 A.M. I'M NOT CLEAR ON WHETHER OR NOT THEY HAD ARRIVED AT THAT TIME.
WELL, AT SOME POINT, YOU BECAME AWARE THAT PHILLIPS HAD CALLED FOR THEM TO COME OVER AND PROVIDE SECURITY AT SOME POINT; IS THAT CORRECT?
ALL RIGHT. COUNSEL, BEFORE WE SPEND A WHOLE LOT MORE TIME ON THIS PARTICULAR ISSUE, SINCE DETECTIVE LANGE HAS TESTIFIED HE WASN'T THERE WHEN IT WAS TOWED, MY INCLINATION IS TO SUSTAIN THE HEARSAY OBJECTION.
BY MR. COCHRAN: ONE OTHER QUESTION WITH RESPECT TO THAT, DETECTIVE LANGE. WHEN YOU LEFT TO GO BACK OVER TO THE BUNDY LOCATION IN THE EARLY MORNING HOURS, THE VEHICLE WAS STILL AS DEPICTED IN THE PHOTOGRAPHS WE'VE SHOWN THE JURY; IS THAT CORRECT?
AND ALTHOUGH YOU HAVE SOME IMPOUND REPORTS, YOU ARE NOT THE PERSON WHO COULD TELL US WHAT TIME THAT VEHICLE WAS ACTUALLY TOWED; IS THAT CORRECT?
IN LOOKING AT THE PHOTOGRAPH ON THE BOARD THAT'S NOW BEEN PRINTED, YOU CAN'T TELL US WHO THAT LADY IS, RIGHT?
I WOULD LIKE TO SHOW COUNSEL A DOCUMENT ENTITLED "CRIME SCENE INVESTIGATION CHECKLIST" AND MARK THAT AS DEFENDANT'S NEXT IN ORDER, 10 --
BY MR. COCHRAN: WHILE SHE'S LOOKING AT THAT, WHEN YOU WERE AT THE ROCKINGHAM LOCATION, AFTER YOU HAD BEEN TOLD BY PHILLIPS THAT FUHRMAN HAD TOLD HIM THAT MR. SIMPSON HAD BEEN INVOLVED IN A DOMESTIC VIOLENCE SITUATION EARLY IN THE MORNING, SO YOU WENT OVER THERE, DO YOU RECALL THAT?
NO. HOW LONG WERE YOU AT ROCKINGHAM BEFORE YOU -- FROM THE TIME YOU GOT THERE TO THE TIME YOU LEFT, HOW LONG WERE YOU AT ROCKINGHAM?
ALL RIGHT. AND DURING THIS HOUR AND 40-MINUTE PERIOD OF TIME, YOU SHARED WITH US SOME OF THE EVENTS THAT TOOK PLACE WITH REGARD TO THE NOTIFICATION OF THE BROWN FAMILY AND OTHER THINGS. DO YOU RECALL THAT?
AND YOU SHARED WITH US I THINK YESTERDAY THAT AT SOME POINT, FUHRMAN CAME TO YOU AND ESCORTED YOU OUT AND AROUND THE SIDE, THE GARAGE SIDE OF THE ROCKINGHAM RESIDENCE. DO YOU RECALL THAT?
I BELIEVE PHILLIPS. I BELIEVE PHILLIPS MIGHT HAVE BEEN FIRST AND THEN VANNATTER AND THEN MYSELF.
NOT NECESSARILY. I JUST DON'T HAVE AN INDEPENDENT RECOLLECTION. THAT'S JUST MY BELIEF. I COULD BE WRONG.
AND YOUR BEST RECOLLECTION NOW IS THAT YOU BELIEVE THAT PHILLIPS WAS FIRST, THAT YOU WERE SECOND?
IT SEEMED TO BE THAT IT MIGHT HAVE BEEN THAT WAY. MAYBE IT WASN'T. I WASN'T REALLY PAYING THAT MUCH ATTENTION. I HAD OTHER THINGS ON MY MIND AT THE TIME.
ALL RIGHT. YOU HAD OTHER THINGS ON YOUR MIND. I UNDERSTAND THAT. SO AS YOU SIT HERE NOW, YOU DON'T KNOW WHETHER YOU WERE SECOND OR THIRD, DO YOU?
SO YOUR PRESENT RECOLLECTION NOW IS THAT YOU MAY HAVE BEEN THE THIRD OFFICER IN THE SEQUENCE OF THREE TAKEN BACK BY FUHRMAN; IS THAT RIGHT?
AGAIN, I BELIEVE THAT'S WHAT IT WAS, BUT PERHAPS IT WASN'T. AGAIN, I DIDN'T PAY ANY ATTENTION TO THAT.
NOW, WHEN YOU WENT BACK TO THIS LOCATION, WERE ANY PHOTOGRAPHS TAKEN WHEN YOU WERE BACK THERE THAT PARTICULAR MORNING?
THE PHOTOGRAPHER HADN'T ARRIVED WHEN I WAS THERE. I HAD LEFT BEFORE THE PHOTOGRAPHER ARRIVED.
AND YOU DESCRIBED THE AREA AS -- WHAT TIME WAS IT THAT YOU WERE TAKEN BACK THERE BY FUHRMAN?
ALL RIGHT. YOU DESCRIBED FOR US THAT AREA WAS KIND OF DARK BECAUSE OF THE FOLIAGE OVER THERE; IS THAT CORRECT?
IN ONE OF THE PHOTOGRAPHS, THERE'S A STICK THAT WAS SOMEWHERE AROUND THE LOCATION. WE SAW IT BRIEFLY YESTERDAY. I'M NOT SURE IF IT WAS MARKED. DO YOU REMEMBER SEEING THAT STICK -- A STICK SOMEWHERE OUT IN AND AROUND ROCKINGHAM THAT MORNING?
THERE WAS A PIECE OF SPLINTERED WOOD IF THAT'S WHAT YOU ARE REFERRING TO, WHITE IN COLOR. IT WAS LOCATED ON THE PARKWAY ADJACENT TO THE BRONCO.
AND I BELIEVE YESTERDAY WE SHOWED SOME PHOTOGRAPHS THAT HAD SOME KIND OF A BLUE OBJECT ON THE OTHER SIDE OF THE FENCE. DO YOU REMEMBER SEEING THAT BLUE OBJECT AT ALL ON THE OTHER SIDE OF THE FENCE TO THE RIGHT OF THE FENCE AT ROCKINGHAM?
I'LL MARK THIS AS DEFENDANT'S NEXT IN ORDER, YOUR HONOR. SHOW IT TO COUNSEL. D-103 -- 1040.
1040.
(DEFT'S 1040 FOR ID = PHOTOGRAPH OF BLUE OBJECT) MR. COCHRAN: AND I'LL MARK THE STICK AS D-1041.
SHOWING THEM BOTH TO COUNSEL. YOUR HONOR, I'LL PLACE D-1040 ON THE BOARD, ON THE ELMO.
BY MR. COCHRAN: NOW, TAKE A LOOK AT D-1040. NOW, IS THAT THE APPROXIMATE LOCATION THAT YOU RECALL THAT YOU SAW THIS GLOVE IN THE EARLY MORNING HOURS OF JUNE 13TH, 1994?
ALL RIGHT. DO YOU -- LOOK TO THE RIGHT OF THAT. DO YOU SEE SOME KIND OF A -- DO YOU SEE A CARD AND THEN SOME KIND OF A BLUE OBJECT TO THE RIGHT OF THE FENCE?
AND SO THAT WE'RE CLEAR, THE -- CAN YOU SEE -- CAN YOU LOOK AT THE BOARD FOR A MINUTE, LOOK WITH THE BIG SCREEN? THAT AREA IN THERE IS THE AREA THAT APPEARS TO BE THE BLUE, KIND OF BLUE PACKAGE OR WHATEVER?
ALL RIGHT. NOW, WITH REGARD TO THIS GLOVE AT THAT LOCATION, DID YOU CHECK OR WERE YOU ABLE TO FIND OUT WHETHER THERE WAS ANY BLOOD OR ANY BLOOD SPOTS AROUND THAT GLOVE THAT'S INDICATED IN THIS LAST EXHIBIT, D-40 -- 1040 RATHER?
ALL RIGHT. DO YOU KNOW IN ANY OF THE REPORTS, SINCE YOU'RE THE LEAD INVESTIGATOR IN THIS CASE, WHETHER OR NOT THERE ARE ANY BLOOD DROPLETS OR ANYTHING LIKE THAT IN AND AROUND THIS AREA WHERE THIS GLOVE WAS ALLEGEDLY FOUND?
ALL RIGHT. WHAT ABOUT ON THE FENCE? DID YOU FIND ANY BLOOD SPOTS OR ANYTHING, ANY SMEARS ON THIS FENCE TO THE RIGHT OF WHERE THAT GLOVE WAS ALLEGEDLY FOUND?
I AM THE INVESTIGATOR AT BUNDY. WE HAD A BIFURCATION. DETECTIVE VANNATTER TOOK ROCKINGHAM AND I TOOK BUNDY AS A CRIME SCENE.
KEY QUOTEBUT I MEAN, I PRESUME IN THIS CASE, BOTH BUNDY AND ROCKINGHAM ARE PART OF THIS CASE NOW; ISN'T THAT CORRECT?
I'M NOT AS FAMILIAR WITH ROCKINGHAM AS BUNDY BECAUSE I INVESTIGATED BUNDY AND MY PARTNER INVESTIGATED ROCKINGHAM.
BY MR. COCHRAN: THIS IS -- I'M GOING TO ASK YOU WHETHER OR NOT THIS IS THE STICK THAT YOU DESCRIBED OUT IN THE PARKWAY?
ALL RIGHT. WELL, YOU WANT TO CALL IT SPLINTERED WOOD? OKAY. THE SPLINTERED WOOD. WHERE DID YOU FIND THIS SPLINTERED WOOD ON THE PARKWAY?
THAT WAS THE PARKWAY NORTH OF THE ROCKINGHAM GATE AND ADJACENT TO THE BRONCO, I GUESS IT WOULD BE EAST OF THE BRONCO.
AND THAT -- BECAUSE OF THAT LAPD RULER THERE OR WHATEVER, WAS THAT -- THAT WAS TAKEN, A PHOTOGRAPH TAKEN BY THE LAPD, RIGHT?
BY THE WAY, THIS MORNING, WHEN I WAS TALKING TO YOU ABOUT THESE REEBOK TENNIS SHOES, YOU TOLD US THAT YOU HAD THESE REEBOK TENNIS SHOES TESTED FOR BLOOD ON THEM. REMEMBER THAT?
NOW, WE'VE TALKED ABOUT THE ARRIVAL OF THE CRIMINALISTS AT THE BUNDY SCENE AND WE KNOW THAT AT SOME POINT IN ADDITION TO THE CRIMINALISTS, SOME TECHNICIANS CAME FROM SID TO DO THE FINGERPRINTING AND THE DUSTING; IS THAT CORRECT?
AND IN THAT CONNECTION, I WOULD LIKE TO SHOW YOU PEOPLE'S 84, ASK YOU SOME QUESTIONS REGARDING THAT PHOTOGRAPH. DO YOU RECOGNIZE THE YOUNG LADY IN THE FOREGROUND OF PEOPLE'S 84?
AND SHE'S WEARING -- AND I DON'T -- I CHOOSE NOT TO USE THE WORD BOOTIES. SHE'S WEARING SOME COVERS FOR HER SHOES, ISN'T THAT CORRECT, SHOE COVERINGS?
AND THAT MORNING OUT THERE, AS YOU SAW THESE TECHNICIANS DOING THEIR WORK, THEY WERE GARBED IN WHITE WITH GLOVES ON AND WITH THEIR SHOES COVERED; IS THAT CORRECT?
BY MR. COCHRAN: DID YOU SEE -- YOU NEVER SAW FUNG WITH ANY COVERINGS ON HIS SHOES, RIGHT, THAT MORNING?
ALL RIGHT. DO YOU RECALL WHETHER OR NOT THE TWO INDIVIDUALS FROM THE CORONER'S OFFICE WERE EVER WEARING COVERINGS ON THEIR SHOES THAT MORNING, JUNE 13TH, 1994?
GENERALLY IF ONE WAS GOING TO HANDLE EVIDENCE, THEY WOULD BE WEARING GLOVES, BUT I DON'T BELIEVE HE DID. I DON'T KNOW FOR SURE THOUGH.
NOW, YESTERDAY, YOU TESTIFIED ABOUT THE CONDITION OF MISS NICOLE BROWN SIMPSON'S FEET AND YOU WERE SHOWN SOME PHOTOGRAPHS. DID YOU EVER PHOTOGRAPH THE SOLES OF HER FEET THAT PARTICULAR MORNING BEFORE HER BODY WAS TAKEN AWAY?
AND WITH REGARD TO HER LEG -- AND I'M REFERRING NOW TO DEFENDANT'S -- STRIKE THAT -- PLAINTIFF'S 80.
BY MR. COCHRAN: THAT IS A PHOTOGRAPH OF MISS NICOLE BROWN SIMPSON'S LOWER PART OF HER BODY AND HER RIGHT AND LEFT LEG AND FOOT; IS THAT CORRECT?
AND WITH REGARD TO THE LEG, AS YOU MOVE UP THE -- WAS THE RIGHT LEG, THERE APPEAR TO BE SOME MARKS ON THE LEG AS THOUGH -- WAS THAT EVER DUSTED FOR PRINTS, THAT PART OF HER LEG THAT I -- CAN YOU STEP DOWN AND SEE WHAT I'M CIRCLING NOW? THERE APPEAR TO BE SOME LITTLE MARKS --
ALL RIGHT. SO THAT WHEN THAT BODY WAS TAKEN TO THE CORONER'S OFFICE, YOU SAW IT ON THE NEXT DAY, DO YOU KNOW WHETHER OR NOT THE CRIMINALIST MAHANEY OR ANYONE ELSE DID ANYTHING WITH REGARD TO WHAT APPEARS TO BE SOME SPOTS ON THE RIGHT LEG THERE?
BY MR. COCHRAN: WITH REGARD TO THE DOCUMENT YOU HAVE BEFORE YOU, IT'S AN INDICATION THAT SOME BLOOD TESTING WAS DONE REGARDING SCRAPINGS ON THE RIGHT THIGH AND RIGHT CALF BY MAHANEY?
OKAY. BY THE WAY, WHILE YOU WERE AT THE -- EITHER AT THE AUTOPSY OR SOMETIME YOU WERE AT THE CORONER'S OFFICE, WAS ANYTHING DONE WITH REGARD TO THE FINGERNAILS OF NICOLE BROWN SIMPSON?
IF YOU HAD WANTED TO HAVE A RAPE KIT DONE IN THIS PARTICULAR CASE, YOU COULD HAVE ASKED THE CORONER, ISN'T THAT CORRECT, AS THE INVESTIGATING OFFICER?
I'M NOT ASKING YOU THAT. I'M ASKING, YOU HAVE THE RIGHT TO ASK IF YOU WANTED TO; IS THAT CORRECT?
WELL, THAT'S ALL FINE AND GOOD. YOU DIDN'T KNOW WHAT THE FACTS -- WHAT HAD HAPPENED OUT THERE ON JUNE 12TH, DID YOU, SIR?
BY MR. COCHRAN: YOU DIDN'T KNOW WHAT HAD HAPPENED OUT THERE ON JUNE 12TH, 1994, DID YOU, SIR, WHEN YOU ARRIVED ON THE SCENE?
DID YOU KNOW WHETHER OR NOT MISS NICOLE BROWN SIMPSON HAD A VISITOR THAT EVENING AFTER 10:00 O'CLOCK, A MALE VISITOR? DO YOU KNOW THAT? DO YOU KNOW THAT?
ALL RIGHT. DO YOU KNOW WHETHER OR NOT SHE HAD ANY OTHER MALE VISITOR THAT NIGHT? DO YOU KNOW THAT?
BUT IN YOUR INVESTIGATIVE CAPACITY, YOU DECIDED NOT TO ORDER THIS RAPE KIT WHICH YOU COULD HAVE ORDERED; ISN'T THAT CORRECT, SIR?
IN MY OBSERVATIONS, IN MY EXPERIENCES, SEX WAS THE LAST THING ON THE MIND OF THIS ATTACKER. IT WAS AN OVERKILL, IT WAS A BRUTAL OVERKILL --
KEY QUOTEBY MR. COCHRAN: ALL RIGHT. NOW, WITH REGARD TO -- AS AN INVESTIGATOR, DO YOU MAKE ASSUMPTIONS AND THEN STAY WITH THOSE ASSUMPTIONS FOR THE ENTIRE CASE? IS THAT WHAT HAPPENS? YOU FIGURE OUT AND LOOK IN YOUR CRYSTAL BALL OF WHAT HAPPENED AND MAKE YOUR DETERMINATION AND DISCOUNT EVERYTHING ELSE? IS THAT WHAT HAPPENED, SIR, AS AN EXPERIENCED INVESTIGATOR?
MS. CLARK, YOU'RE GOING TO HAVE TO SPEAK UP A LITTLE LOUDER. WAS THAT AN ARGUMENTATIVE OBJECTION?
BY MR. COCHRAN: WITH REGARD TO THESE STOMACH CONTENTS, THEY WOULD HAVE BEEN VERY HELPFUL IN THIS CASE TO THIS JURY IN DETERMINING TIME OF DEATH; ISN'T THAT CORRECT?
WELL, I WAS GOING TO ASK A SLIGHTLY DIFFERENT QUESTION, YOUR HONOR, BUT I'LL RESERVE IT UNTIL TOMORROW MORNING. PERHAPS I'LL TALK TO YOU ABOUT IT TOMORROW MORNING.
COUNSEL, IF YOU RECALL, WE HAVE -- MR. HODGMAN IS ON HIS WAY I ASSUME FOR A 4:00 O'CLOCK CONFERENCE ON OUR OTHER EVIDENTIARY ISSUES, CORRECT? AND THERE'S MR. SCHECK. OKAY. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THIS AFTERNOON. PLEASE REMEMBER MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T EXPRESS ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS WHILE THE MATTER -- UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU, DON'T ALLOW ANYBODY TO COMMUNICATE WITH YOU WITH REGARD TO THE CASE. AND, LADIES AND GENTLEMEN, I HAVE SOME OTHER PROCEEDINGS I HAVE TO ATTEND TO TOMORROW MORNING. SO WE WILL NOT GET TO YOU TOMORROW MORNING UNTIL ABOUT 10:00 O'CLOCK. ALL RIGHT? ALL RIGHT. AS TO THE JURY --
I WANT THE JURY BACK IN THE COURTHOUSE AT 10:00. THANK YOU, LADIES AND GENTLEMEN. SEE YOU TOMORROW MORNING. AND, DETECTIVE LANGE, YOU CAN STEP DOWN. YOU ARE ORDERED TO RETURN TOMORROW AT 10:00 O'CLOCK.
IN MY OBSERVATIONS, IN MY EXPERIENCES, SEX WAS THE LAST THING ON THE MIND OF THIS ATTACKER. IT WAS AN OVERKILL, IT WAS A BRUTAL OVERKILL — THERE'S NO EVIDENCE OF RAPE — NO EVIDENCE OF SEXUAL ASSAULT.
I TOOK ONE LOOK AND RETURNED IN FRONT OF THE HOUSE.
AS AN INVESTIGATOR, DO YOU MAKE ASSUMPTIONS AND THEN STAY WITH THOSE ASSUMPTIONS FOR THE ENTIRE CASE? IS THAT WHAT HAPPENS? YOU FIGURE OUT AND LOOK IN YOUR CRYSTAL BALL OF WHAT HAPPENED AND MAKE YOUR DETERMINATION AND DISCOUNT EVERYTHING ELSE?
I AM THE INVESTIGATOR AT BUNDY. WE HAD A BIFURCATION. DETECTIVE VANNATTER TOOK ROCKINGHAM AND I TOOK BUNDY AS A CRIME SCENE.