Sidebar: fingerprint evidence

📄 Sidebar: fingerprint evidence — Wednesday, February 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\22\SIDEBAR-FINGERPRINT-EVIDENCE.DOC

TRIAL

▲ Day 23 of 167

◀ Cross-examination of Detective Tom Lange (afternoon, part 1) Cross-examination of Detective Tom Lange (afternoon, part 2) ▶

Date: Wednesday, February 22, 1995 • Utterances: 10

Clark and Cochran argue at the bench over whether the investigating officer can testify about fingerprint comparison results from the Bundy crime scene. Clark objects that it is pure hearsay — the report was prepared by a fingerprint technician, not the testifying officer — and offers a conditional deal: allow fingerprint results if the prosecution can also get in blood evidence showing Simpson's blood on the Bundy walkway. Cochran argues the report qualifies as a business record kept by LAPD's Scientific Investigation Division, but Ito sustains the objection.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 2 MS. CLARK:

I ATTEMPTED TO RESOLVE THIS WITH COUNSEL. MR. COCHRAN WOULD LIKE TO GET INTO THE RESULTS OF THE COMPARISONS MADE AT BUNDY, AND I SAID I DON'T OBJECT TO THAT AS LONG AS HE LET US GET INTO THE RESULTS OF THE BLOOD WORK SHOWING HIS BLOOD ON THE WALKWAY AT BUNDY. HE'S AWARE OF BOTH IN THE SAME WAY AND HE HAS THE SAME EXPERTISE WITH RESPECT TO THE RESULTS OF BOTH. THAT IS, HE'S NEITHER PRINT SPECIALIST NOR IS HE A SEROLOGIST OR A DNA ANALYST. SO IF COUNSEL WOULD LIKE TO GET INTO THE FINGERPRINTS, THEN I WOULD -- YOU KNOW, I WOULD AGREE TO THAT IF I CAN GET INTO THE BLOOD WORK.

# 3 MR. COCHRAN:

SINCE I AM THE PROPONENT OF THIS, MAY I BE HEARD NOW?

# 4 THE COURT:

YES.

# 5 MR. COCHRAN:

ALL I AM GOING TO ASK THIS OFFICER IS WHAT I ASKED HIM SO FAR AND ASK -- I WANT TO FIND OUT THE FOLLOWING THINGS. NUMBER ONE, WHETHER OR NOT O.J. SIMPSON WAS ONE OF THE PEOPLE THEY WERE LOOKING AT. I WANT TO FIND OUT THE OTHER PEOPLE THEY WERE LOOKING AT. AND IF SHE WANTS TO OBJECT, WE CAN BRING THE TECHNICIAN IN. IT'S NOT HIS PRINTS. IT DIDN'T COME BACK TO HIM AS I UNDERSTAND IT. I WANT TO FIND OUT WHOSE PRINTS DID COME BACK. ULTIMATELY WE WILL GET IT IN. I THINK THAT'S WHY WE ARE STOPPED AT THIS POINT. I THINK -- HE'S THE INVESTIGATING OFFICER. THE REPORT COMES BACK TO HIM. THEY'RE DOING WHAT HE ASKED THEM TO DO. HE SHOULD BE ABLE TO COMMENT ON THAT REPORT.

# 6 MS. CLARK:

I HAVEN'T HEARD ONE LEGAL BASIS FOR GETTING IN A DOCUMENT THAT WAS NOT PREPARED -- LET ME FINISH -- NOT PREPARED BY THIS WITNESS THAT PERTAINS TO AN EXPERT'S ANALYSIS, COMPARISON AND CONCLUSION. NOT ONE LEGAL BASIS HAS BEEN SHOWN FOR THIS WITNESS TO TESTIFY TO COMPLETE HEARSAY. NOT ONE. I HAVEN'T HEARD IT.

KEY QUOTE

# 7 MR. COCHRAN:

FIRST OF ALL, THIS DOCUMENT ISN'T HEARSAY. THIS DOCUMENT MAY NOT BE THE ORIGINAL, BUT IT'S KEPT IN THE COURSE AND SCOPE OF THE LOS ANGELES POLICE DEPARTMENT SCIENTIFIC INVESTIGATION DIVISION. THIS IS A DOCUMENT -- REPORT SENT BACK TO THIS WITNESS REGARDING THEIR FINDINGS AT HIS REQUEST AND I THINK HE CAN SO TESTIFY. HE'S THE INVESTIGATING OFFICER.

# 8 MS. CLARK:

I STILL HAVEN'T HEARD ANY LEGAL BASIS TO GET IT IN, NOT ONE.

# 9 MR. COCHRAN:

I JUST STATED IT, COUNSEL. BUT --

# 10 THE COURT:

OKAY. OBJECTION SUSTAINED.

Temperature

tense

Key Quotes (3)

Marcia Clark

I HAVEN'T HEARD ONE LEGAL BASIS FOR GETTING IN A DOCUMENT THAT WAS NOT PREPARED BY THIS WITNESS THAT PERTAINS TO AN EXPERT'S ANALYSIS, COMPARISON AND CONCLUSION. NOT ONE LEGAL BASIS HAS BEEN SHOWN FOR THIS WITNESS TO TESTIFY TO COMPLETE HEARSAY. NOT ONE.

Forceful repetition of 'not one' signals Clark is confident in her hearsay position and is pressing for Cochran to articulate a legal theory, not just a strategic rationale.

Johnnie Cochran

IT'S NOT HIS PRINTS. IT DIDN'T COME BACK TO HIM AS I UNDERSTAND IT. I WANT TO FIND OUT WHOSE PRINTS DID COME BACK.

Cochran reveals the defense strategy: fingerprints at Bundy do not match Simpson, and he wants that fact before the jury to suggest an unknown third party was present.

Marcia Clark

I DON'T OBJECT TO THAT AS LONG AS HE LET US GET INTO THE RESULTS OF THE BLOOD WORK SHOWING HIS BLOOD ON THE WALKWAY AT BUNDY.

Clark's conditional offer ties fingerprint evidence to blood evidence in a package deal, revealing she sees the blood results as more damaging to the defense than the fingerprint results.

Evidence (2)

Informal

LAPD Scientific Investigation Division fingerprint comparison report from the Bundy crime scene

challenged — Cochran sought to introduce via investigating officer; objection sustained

Informal

Blood evidence showing Simpson's blood on the Bundy walkway

referenced by Clark as a conditional trade — she would allow fingerprint results if blood results also came in

Notable Exchanges (1)

Marcia Clark•Johnnie Cochran

Clark offers a package deal — fingerprints for blood — which Cochran declines to accept, instead arguing a business-records exception. Clark twice repeats 'not one legal basis' after Cochran claims to have stated one, and Ito ends the debate by sustaining.

combative

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4933 • 10 utterances

Criminal Trial

Department 103