📄 Cross-examination of Tom Lange (part 2) — Thursday, February 23, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\23\CROSS-EXAMINATION-OF-TOM-LANGE.DOC
TRIAL
▲ Day 24 of 167

Cross-examination of Tom Lange (part 2)

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, February 23, 1995 • Utterances: 194
Cochran cross-examined Detective Lange about the investigation's handling of Simpson's children as potential witnesses. The exchange revealed that Lange never personally interviewed Sydney or Justin Simpson, wrote no police reports about Sydney's statement to Officer Vasquez, and used civilian Denise Brown — Nicole's sister, who was present in the courtroom and had to be removed — as an intermediary to re-interview a child witness. The session ended at sidebar over repeated hearsay objections as Cochran began probing Faye Resnick's move into Nicole's home days before the murders.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
2 MR. COCHRAN:

MAY I TRY TO SEE WHERE I WAS, YOUR HONOR?

3 (BRIEF PAUSE.)
4 THE COURT:

AT SOME TIME YOU WERE AWARE THAT OFFICERS AT THE WEST L.A. STATION WERE LOOKING OUT FOR THE CHILDREN?

5 MR. COCHRAN:

THANK YOU, YOUR HONOR.

6 THE COURT:

I THINK THE ANSWER IS YES, SOMEBODY TOLD HIM THAT.

7 MR. COCHRAN:

LET ME TRY TO RESTATE IT, YOUR HONOR.

8 Q:

AT SOME POINT DURING THE COURSE OF YOUR INVESTIGATION YOU BECAME AWARE THAT ONE OF THE OFFICERS AT THE WEST LOS ANGELES STATION TALKED TO THE ELDER DAUGHTER, THE DAUGHTER OF MR. SIMPSON, MR. AND MRS. SIMPSON, AT WEST LOS ANGELES STATION; ISN'T THAT CORRECT?

9 A:

YES.

10 Q:

AND YOU KNOW THE NATURE OF THAT PURPORTED CONVERSATION; ISN'T THAT CORRECT?

11 A:

YES, I DO.

12 Q:

AND THAT CONVERSATION TOOK PLACE AT WHAT TIME ON THE EARLY MORNING HOURS OF JUNE 13, 1994?

13 A:

I DON'T KNOW -- I DON'T KNOW THE TIME.

14 Q:

IT WOULD BE AFTER THE CHILDREN WERE TAKEN DOWN TO THE STATION; ISN'T THAT CORRECT?

15 A:

I WOULD ASSUME THAT, YES.

16 Q:

AND YOU READ THE PURPORTED STATEMENT, DID YOU NOT?

17 THE COURT:

I THINK WE SORT OF EXCEEDED THE COURT'S LARGESSE IN ALLOWING THIS.

18 MR. COCHRAN:

CERTAINLY, YOUR HONOR. I APPRECIATE THE COURT'S LARGESSE.

19 THE COURT:

ALL RIGHT.

20 Q:

BY MR. COCHRAN: WITH REGARD TO THAT, DID YOU THEN YOURSELF, OR ANYONE AT YOUR DIRECTION, GO AND TALK TO SYDNEY SIMPSON ABOUT THE STATEMENT SHE HAD MADE?

21 A:

I DID NOT PERSONALLY, BUT I HAD THAT DONE.

KEY QUOTE
22 Q:

AND WHO DID THAT?

23 A:

THE BROWN FAMILY.

24 Q:

THE BROWN FAMILY?

25 A:

I WAS INFORMED THAT THE CHILDREN WERE --

26 Q:

JUST A MOMENT. LET'S BE RESPONSIVE IF YOU CAN. WHO IN THE BROWN FAMILY? CAN YOU ANSWER THAT?

27 A:

DENISE BROWN.

28 Q:

WHEN WAS THAT?

29 THE COURT:

EXCUSE ME, COUNSEL. I THINK WE HAVE DENISE BROWN IN THE AUDIENCE HERE.

30 MR. COCHRAN:

YES.

31 THE COURT:

MISS BROWN, I'M SORRY, WE ARE GOING TO HAVE YOU ASK TO LEAVE. WE ARE DISCUSSING FACTS AND CIRCUMSTANCES THAT INVOLVE YOU AND THE KIDS. THANK YOU.

32 (DENISE BROWN EXITS THE COURTROOM.)
33 THE COURT:

ALL RIGHT. DENISE BROWN HAS WITHDRAWN FROM THE COURTROOM.

34 MR. COCHRAN:

THANK YOU, YOUR HONOR.

35 Q:

LET ME SEE IF I UNDERSTAND THIS CORRECTLY. YOU ASKED DENISE BROWN TO TALK TO SYDNEY SIMPSON?

36 A:

WOULD YOU LIKE ME TO EXPLAIN IT TO YOU, SIR?

37 Q:

NO, NO. I WANT YOU ANSWER MY QUESTIONS FIRST, IF YOU CAN DO THAT, PLEASE.

38 MS. CLARK:

YOUR HONOR, THERE IS AN OBJECTION. THAT IS ARGUMENTATIVE AND THIS WITNESS IS ALLOWED TO EXPLAIN HIS ANSWER. COUNSEL IS CUTTING HIM OFF.

39 THE COURT:

ASK THE QUESTION, MR. COCHRAN.

40 MR. COCHRAN:

THANK YOU, YOUR HONOR.

41 Q:

DID YOU ASK DENISE BROWN TO TALK TO SYDNEY SIMPSON?

42 A:

THAT'S CORRECT.

43 Q:

ALL RIGHT. WHEN DID YOU ASK HER TO DO THAT?

44 A:

SOMETIME AFTER LEARNING ABOUT THE STATEMENT.

45 Q:

WELL, WHEN, SIR?

46 A:

I DON'T KNOW WHEN EXACTLY.

47 Q:

DO YOU KNOW WHAT MONTH IT WAS IN?

48 A:

I BELIEVE IT WAS PROBABLY IN THE MONTH OF JULY PERHAPS.

49 Q:

JULY OF 1994?

50 A:

THAT'S CORRECT.

51 Q:

ALL RIGHT. AND WERE YOU PRESENT WHEN AND IF SHE EVER TALKED TO SYDNEY SIMPSON?

52 A:

NO, I WAS NOT.

53 Q:

DID YOU WRITE A REPORT WITH REGARD TO THIS?

54 A:

NO.

55 Q:

THERE ARE NO POLICE REPORTS AT ALL WRITTEN WITH REGARD TO YOUR REQUEST AND WHAT HAPPENED AFTER THAT REGARDING THIS CONVERSATION?

56 A:

WOULD YOU LIKE ME TO EXPLAIN AGAIN?

57 Q:

I'M ASKING YOU -- CAN YOU ANSWER THE QUESTION? THE QUESTION IS ARE THERE ANY REPORTS?

58 A:

I AM TRYING TO. THERE ARE NO REPORTS.

KEY QUOTE
59 Q:

WHEN YOU MADE THE REQUEST OF DENISE BROWN TO TALK TO SYDNEY SIMPSON, DID YOU DO THAT OVER THE PHONE OR IN PERSON?

60 A:

OVER THE PHONE.

61 Q:

AND DID YOU YOURSELF EVER MAKE AN EFFORT TO SPEAK TO EITHER OF THE CHILDREN?

62 A:

NO.

63 Q:

DID YOU EVER ASK ANY OTHER POLICE OFFICER TO SPEAK TO EITHER OF THE CHILDREN?

64 A:

I DID NOT WANT TO DO THAT BECAUSE OF THE CIRCUMSTANCES DESCRIBED TO ME BY THE BROWN FAMILY.

KEY QUOTE
65 Q:

THE QUESTION IS DID YOU ASK ANY POLICE OFFICERS TO SPEAK TO EITHER OF THE CHILDREN, SIR?

66 A:

I DID NOT.

67 Q:

NOW, DO YOU HAVE THAT LOGGED ANYWHERE, THAT YOU ASKED DENISE BROWN TO TALK TO SYDNEY SIMPSON? IS THAT LOGGED IN YOUR LOG ANYWHERE IN ANY OF THOSE FIVE BOOKS THAT YOU HAVE THERE?

68 A:

I DON'T BELIEVE SO.

69 Q:

DID YOU EVER TALK WITH THE POLICE OFFICER WHO SPOKE WITH SYDNEY SIMPSON ON THE EARLY MORNING HOURS OF JUNE 13, 1994?

70 A:

I BELIEVE I HAD THAT DONE BY ANOTHER OFFICER IN CHECKING OUT HER STATEMENT TO SEE IF IT WAS ACCURATE.

71 Q:

THAT IS NOT WHAT I ASKED YOU. DID YOU EVER ASK -- JUST --

72 A:

I WOULD NOT HAVE DONE IT THEN. I HAD IT DONE BY SOMEONE.

73 Q:

ALL RIGHT. WHO DID YOU HAVE IT DONE BY?

74 A:

I BELIEVE IT WAS DETECTIVE PHILLIPS.

75 Q:

AND DID YOU WRITE A REPORT BASED UPON WHAT DETECTIVE -- WHAT YOU ASKED DETECTIVE PHILLIPS TO DO?

76 A:

THERE WAS NOTHING TO WRITE, NO.

77 Q:

THERE ARE NO REPORTS?

78 A:

NO.

79 Q:

IN THAT CONNECTION? WHAT WAS THE NAME OF THE OFFICER OR OFFICERS WHO SPOKE WITH SYDNEY SIMPSON ON THE NIGHT OR THE EARLY MORNING HOURS OF JUNE 13?

80 A:

I DON'T RECALL. IT WAS THE FEMALE OFFICER WHO TRANSPORTED HER TO THE STATION.

81 Q:

DO YOU HAVE A REPORT THERE THAT WOULD REFRESH YOUR RECOLLECTION REGARDING THAT?

82 A:

THERE IS PROBABLY A REPORT IN THERE.

83 Q:

CAN YOU FIND IT FOR US?

84 A:

YES.

85 Q:

PLEASE, SIR.

86 (WITNESS COMPLIES.)
87 Q:

CAN YOU LOOK AT PAGE -- MAYBE I CAN APPROACH, YOUR HONOR. MAY I APPROACH AND SAVE SOME TIME?

88 THE COURT:

WHY DON'T YOU SHOW THAT TO COUNSEL.

89 (BRIEF PAUSE.)
90 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
91 MR. COCHRAN:

MAY I APPROACH, YOUR HONOR?

92 THE COURT:

YOU MAY.

93 Q:

BY MR. COCHRAN: I WOULD LIKE TO PLACE BEFORE YOU, SIR, LOS ANGELES POLICE DEPARTMENT CONTINUATION SHEET FORM 15.09. SHALL I MARK IT AT THIS POINT?

94 THE COURT:

YOU ARE JUST USING IT TO REFRESH HIS RECOLLECTION?

95 MR. COCHRAN:

YES, AT THIS POINT.

96 THE COURT:

VERY WELL.

97 Q:

BY MR. COCHRAN: I WILL ASK YOU TO READ THE LAST THREE PARAGRAPHS AND SEE WHETHER OR NOT THAT REFRESHES YOUR RECOLLECTION REGARDING THE NAME OF THE OFFICER WHO SPOKE TO SYDNEY SIMPSON IN THE EARLY MORNING HOURS OF JUNE 13, 1994.

98 A:

(WITNESS COMPLIES.) OKAY.

99 Q:

HAVE YOU NOW READ THAT?

100 A:

YES.

101 Q:

DOES THAT REFRESH YOUR RECOLLECTION AS TO THE NAME OF THE POLICE OFFICER THAT YOU HAD IN MIND WHO SPOKE WITH JUSTIN AND OVERHEARD A CONVERSATION BETWEEN JUSTIN AND SYDNEY THAT NIGHT?

102 A:

I MAY HAVE MISSED THAT PART. THE OFFICER'S NAME IS THERE?

103 Q:

MAYBE IT IS NOT IN THIS PARAGRAPH.

104 A:

I DIDN'T SEE THE OFFICER'S NAME THERE.

105 Q:

WHY DON'T YOU START RIGHT THERE, (INDICATING)?

106 A:

(WITNESS COMPLIES.) SORRY. I DO NOT SEE THE OFFICER'S NAME. OKAY.

107 Q:

ALL RIGHT. DOES THAT REFRESH YOUR RECOLLECTION?

108 A:

YES.

109 Q:

AND WHAT IS THE NAME OF THE OFFICER WHO SPOKE WITH SYDNEY SIMPSON AND OVERHEARD THE CONVERSATION BETWEEN SYDNEY --

110 MS. CLARK:

OBJECTION, OBJECTION. THIS ASSUMES FACTS NOT IN EVIDENCE.

111 THE COURT:

SUSTAINED.

112 MR. COCHRAN:

LET ME REPHRASE IT.

113 Q:

WHAT IS THE NAME OF THE OFFICER WHO SPOKE WITH SYDNEY SIMPSON?

114 A:

OFFICER VASQUEZ.

115 Q:

AND IS THAT A MALE OR A FEMALE OFFICER?

116 A:

IT IS A FEMALE.

117 Q:

AND THAT IS AN OFFICER IN WEST LOS ANGELES?

118 A:

THAT'S CORRECT.

119 Q:

AND IS THAT THE SAME OFFICER THAT YOU ASKED PHILLIPS TO TALK WITH AT SOME POINT?

120 A:

YES.

121 Q:

AND DO YOU HAVE ANY OTHER REPORTS IN CONNECTION WITH ANYTHING THAT WAS SAID TO THE CHILDREN, OTHER THAN THIS PAGE THAT I HAVE SHOWN YOU AT THIS POINT?

122 A:

NO.

123 Q:

DID YOU MAKE MORE THAN ONE REQUEST TO DENISE BROWN -- STRIKE THAT. DID YOU REQUEST ANYBODY ELSE IN THE BROWN FAMILY TO TALK TO EITHER OF THE CHILDREN, OTHER THAN DENISE BROWN?

124 A:

MY RECOLLECTION IS THAT THE REQUEST WAS MADE TO THE ENTIRE FAMILY.

125 Q:

ALL RIGHT. AND THAT DENISE BROWN STEPPED FORWARD? THE FAMILY CHOSE HER?

126 A:

WHEN I MADE THE REQUEST DENISE BROWN --

127 Q:

CAN YOU JUST ANSWER THAT? HOW DID DENISE BROWN END UP BEING THE ONE THAT WAS APPOINTED? DO YOU KNOW THAT? DID YOU ASK HER?

128 A:

I WAS GOING TO EXPLAIN THAT.

129 Q:

WELL, I'M TRYING TO GET YOU JUST TO ANSWER THE QUESTION?

130 MS. CLARK:

OBJECTION, YOUR HONOR. HE'S ALLOWED TO EXPLAIN IF HE NEEDS TO.

131 THE COURT:

WAIT, WAIT, WAIT.

132 MR. COCHRAN:

MAY I ASK THE QUESTION?

133 THE COURT:

YOUR QUESTION -- HE IS ALLOWED TO ANSWER THE QUESTION.

134 MR. COCHRAN:

I AM TRYING TO ASK A SPECIFIC QUESTION SO I CAN GET A SPECIFIC ANSWER, NOT A RAMBLING LONG ANSWER.

135 THE COURT:

WHY DON'T YOU REPHRASE THE QUESTION THEN.

136 MR. COCHRAN:

YES.

137 Q:

BY MR. COCHRAN: DID YOU ASK DENISE BROWN TO TALK TO EITHER ONE OF THESE CHILDREN? YES OR NO?

138 A:

YES.

139 Q:

AND WAS THAT AFTER YOU HAD ASKED THE GENERAL BROWN FAMILY TO TALK TO THE CHILDREN?

140 A:

I BELIEVE THE FIRST REQUEST WAS TO DENISE BROWN.

141 Q:

ALL RIGHT. AND AS NEAR AS YOU CAN TELL, THAT WAS IN JULY OF 1994; IS THAT RIGHT?

142 A:

I DON'T HAVE A VERY ACCURATE RECOLLECTION OF WHEN THAT WAS. IT WAS SHORTLY AFTER READING THAT REPORT.

143 Q:

ALL RIGHT. WHEN YOU SAY "THAT REPORT," YOU REFERRED TO THE REPORT THAT I HAVE IN MY HAND?

144 A:

YES.

145 MR. COCHRAN:

YOUR HONOR, I WOULD LIKE TO MARK THIS REPORT AT THIS POINT AS DEFENDANT'S NEXT IN ORDER.

146 THE COURT:

ALL RIGHT.

147 MR. COCHRAN:

DEFENDANT'S 1042.

148 THE COURT:

1042.

149 MR. COCHRAN:

COUNSEL HAS SEEN IT, YOUR HONOR, AT THIS POINT.

150 (DEFT'S 1042 FOR ID = REPORT)
151 Q:

BY MR. COCHRAN: NOW, DURING THE COURSE OF YOUR INVESTIGATION DO YOU KNOW WHO FAYE RESNICK IS?

152 A:

YES.

153 Q:

AND HOW DID YOU BECOME AWARE OF THE NAME FAYE RESNICK DURING THE COURSE OF YOUR INVESTIGATION?

154 A:

WHEN I LEARNED THAT FAYE RESNICK WAS A FRIEND OF VICTIM NICOLE BROWN SIMPSON.

155 Q:

DURING THE COURSE OF YOUR INVESTIGATION DID YOU LEARN THAT FAYE RESNICK MOVED IN AND STARTED LIVING WITH NICOLE?

156 MS. CLARK:

OBJECTION, OBJECTION. ASSUMES FACTS NOT IN EVIDENCE.

157 MR. COCHRAN:

I AM ASKING.

158 THE COURT:

SUSTAINED.

159 MR. COCHRAN:

I --

160 THE COURT:

SUSTAINED.

161 Q:

BY MR. COCHRAN: DID YOU LEARN, IN THE COURSE OF YOUR INVESTIGATION, WHETHER OR NOT FAYE RESNICK MOVED IN WITH NICOLE BROWN SIMPSON ON FRIDAY, JUNE 3RD, 1994?

162 MS. CLARK:

OBJECTION. THIS IS THE SAME --

163 MR. COCHRAN:

I AM ASKING DID HE LEARN THAT.

164 THE COURT:

SUSTAINED.

165 MS. CLARK:

SAME OBJECTION.

166 THE COURT:

SUSTAINED.

167 Q:

BY MR. COCHRAN: IN THE COURSE OF YOUR INVESTIGATION DID YOU EVER ASCERTAIN WHETHER OR NOT MISS NICOLE BROWN SIMPSON HAD ANYONE WHO LIVED WITH HER IN THE MONTH BEFORE JUNE 12, OTHER THAN THE CHILDREN?

168 A:

I HAD HEARD THERE WAS SOMEONE LIVING WITH HER, YES.

169 Q:

ALL RIGHT. YOU HEARD THAT IN THE COURSE OF YOUR INVESTIGATION?

170 A:

YES.

171 Q:

AND DID YOU PIN IT DOWN AND FIND OUT THAT SOMEONE HAD ACTUALLY MOVED IN WITH HER IN THE MONTH OF JUNE OF 1994? DID YOU ASCERTAIN THAT IN THE COURSE OF YOUR INVESTIGATION?

172 A:

THAT WAS INFORMATION THAT I DID RECEIVE, YES.

173 Q:

DID YOU FIND OUT AT SOME POINT IN THE COURSE OF YOUR INVESTIGATION THAT FAYE RESNICK MOVED IN WITH NICOLE BROWN SIMPSON ON OR ABOUT JUNE 3RD, 1994?

174 MS. CLARK:

YOUR HONOR, SAME OBJECTION.

175 Q:

BY MR. COCHRAN: DID YOU FIND OUT?

176 THE COURT:

OVERRULED.

177 MS. CLARK:

SAME OBJECTION. HEARSAY, NO FOUNDATION.

178 THE COURT:

OVERRULED.

179 DET. TOM LANGE:

THAT IS WHAT I HAD HEARD, YES.

180 Q:

BY MR. COCHRAN: DID YOU VERIFY THAT?

181 A:

I PERSONALLY HAD NO WAY OF VERIFYING THAT.

182 Q:

WELL, DID YOU EVER TALK TO FAYE RESNICK?

183 A:

I DID NOT INTERVIEW HER. I BELIEVE MY PARTNER AND THE DISTRICT ATTORNEY'S OFFICE INTERVIEWED MISS RESNICK.

184 Q:

ALL RIGHT. WELL, WHO IS YOUR PARTNER?

185 A:

DETECTIVE VANNATTER.

186 Q:

ALL RIGHT. AND AS SUCH HE IS THE CO-LEAD INVESTIGATOR IN THIS CASE; ISN'T THAT CORRECT?

187 A:

YES.

188 Q:

DID YOU NOT FIND OUT --

189 MS. CLARK:

OBJECTION, HEARSAY.

190 MR. COCHRAN:

MAY I FINISH THE QUESTION?

191 THE COURT:

YES.

192 Q:

BY MR. COCHRAN: DID YOU FIND OUT, IN THE COURSE OF YOUR INVESTIGATION, THAT IN TRUTH AND IN FACT FAY RESNICK BECAME A RESIDENT AT 875 --

193 MS. CLARK:

OBJECTION, HEARSAY.

194 THE COURT:

LET ME SEE COUNSEL AT THE SIDE BAR, PLEASE.

Temperature

tense

Key Quotes (4)

Witness (Det. Lange)
I DID NOT PERSONALLY, BUT I HAD THAT DONE... THE BROWN FAMILY... DENISE BROWN.
Reveals Lange delegated re-interviewing a child witness to a civilian family member rather than a police officer — no report was written.
Witness (Det. Lange)
THERE ARE NO REPORTS.
Confirms no documentation existed for his request to Denise Brown or the follow-up on Sydney Simpson's statement — a significant procedural omission.
Witness (Det. Lange)
I DID NOT WANT TO DO THAT BECAUSE OF THE CIRCUMSTANCES DESCRIBED TO ME BY THE BROWN FAMILY.
Lange's explanation for why no police officer ever spoke with the children — he deferred entirely to the Brown family's characterization of the situation.
Johnnie Cochran
I AM TRYING TO GET YOU JUST TO ANSWER THE QUESTION... NOT A RAMBLING LONG ANSWER.
Illustrates the persistent friction between Cochran's yes/no control strategy and Clark's objections that the witness be allowed to explain.

Evidence (1)

Defendant's 1042
LAPD Continuation Sheet Form 15.09 — report documenting Officer Vasquez's conversation with Sydney and Justin Simpson in the early morning hours of June 13, 1994
Used to refresh Lange's recollection of Officer Vasquez's name; marked as defense exhibit

Notable Exchanges (3)

Johnnie CochranDet. LangeMarcia Clark
Cochran methodically established that Lange asked civilian Denise Brown to re-interview child witness Sydney Simpson, wrote no reports about it, and never personally talked to the children — all while Clark objected that Lange should be allowed to explain his answers.
strategic
Judge ItoDenise Brown
Judge Ito noticed Nicole's sister Denise Brown sitting in the audience as Lange was testifying about asking her to interview Sydney Simpson, and ordered her to leave the courtroom.
procedural
Johnnie CochranMarcia ClarkJudge Ito
Cochran's repeated attempts to establish when Faye Resnick moved into Nicole's home were met with sustained hearsay objections until finally overruled, then cut off again at sidebar.
heated

Credibility Attacks (2)

⚔ Det. Tom Lange
omission of documentation
Cochran established that Lange wrote no police reports about Sydney Simpson's statement, his request to Denise Brown, or Detective Phillips's follow-up interview of Officer Vasquez — creating a complete documentation gap around a potential child eyewitness.
⚔ Det. Tom Lange
improper investigative procedure
Lange used a civilian and family member of the victim (Denise Brown) to re-interview a child witness rather than a police officer, and never personally spoke to either Simpson child.

Witness Demeanor

(WITNESS COMPLIES.) — searching through binders for Officer Vasquez's name in reports
Repeatedly attempts to explain answers rather than give yes/no responses; Cochran cuts him off each time

Objections

7 objections (3 sustained, 2 overruled)
Proceeding 4924 • 194 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 FEB 23, 1995 📄 Cross-examination of Tom Lange
FEB 23, 1995 KRT DvH TD