Cross-examination of Robert Riske (part 1)

📄 Cross-examination of Robert Riske (part 1) — Thursday, February 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\9\CROSS-EXAMINATION-OF-ROBERT-RI.DOC

TRIAL

▲ Day 16 of 167

◀ Direct examination of Robert Riske (part 5) Lunch recess ▶

Witness: Off. Robert Riske
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, February 9, 1995 • Lines: 153

Johnnie Cochran cross-examines first-responding Officer Riske, establishing his relatively limited experience (4 years), lack of any DNA or PCR training, and the chain of command that handed the scene over to Detectives Fuhrman and Phillips. The bulk of the examination focuses on Riske's testimony that he did not see or recall crime scene videotaping and, just before the lunch break, the condition of a melting Ben & Jerry's ice cream container found inside the residence — a detail Cochran is clearly preserving for timeline argument.

# 1

CROSS-EXAMINATION

# 2

BY MR. COCHRAN:

# 3 Q:

I'LL STILL SAY GOOD MORNING, MR. RISKE.

# 4 A:

GOOD MORNING, SIR.

# 5 Q:

YOU HAD BEEN A POLICE OFFICER FOR HOW LONG ON JUNE 12TH, 1994 WHEN YOU RESPONDED TO THIS LOCATION?

# 6 A:

UMM, FOUR YEARS, ALMOST TWO MONTHS.

# 7 Q:

FOUR YEARS, TWO MONTHS AT THAT TIME?

# 8 A:

YES, SIR.

# 9 Q:

AND YOUR PARTNER OFFICER WAS OFFICER TERRAZAS; IS THAT CORRECT?

# 10 A:

THAT'S CORRECT.

# 11 Q:

AND AS BETWEEN THE TWO OF YOU, WHO WAS THE SENIOR OFFICER?

# 12 A:

I WAS.

# 13 Q:

AND HE HAD BEEN THERE LESS THAN YOU HAD, LESS TIME THAN YOU HAD, LAPD?

# 14 A:

YES. I BELIEVE HE HAD SEVEN MONTHS IN THE STREET, SIX MONTHS.

# 15 Q:

ALL RIGHT. AND YOU HAD WORKED THE ENTIRE FOUR-YEAR PERIOD OF TIME IN THE WEST LOS ANGELES AREA; IS THAT CORRECT, SIR?

# 16 A:

NO, SIR.

# 17 Q:

WHERE HAD YOU STARTED WORKING WHEN YOU FIRST STARTED?

# 18 A:

CENTRAL.

# 19 Q:

DOWNTOWN?

# 20 A:

DOWNTOWN.

# 21 Q:

AND HOW LONG PRIOR TO JUNE 12TH, 1994 HAD YOU BEEN AT -- IN WEST LOS ANGELES?

# 22 A:

TWO YEARS, EIGHT MONTHS.

# 23 Q:

ALL RIGHT. AND SO THAT WE GET THE CHRONOLOGY OF HIERARCHY THERE, YOU WERE A PATROL PERSON; IS THAT CORRECT?

# 24 A:

THAT'S CORRECT.

# 25 Q:

WHO WAS YOUR IMMEDIATE SUPERVISOR?

# 26 A:

THAT NIGHT?

# 27 Q:

ON THAT NIGHT.

# 28 A:

SERGEANT COON WAS THE FIELD SUPERVISOR.

# 29 Q:

SERGEANT COON?

# 30 A:

THAT'S CORRECT.

# 31 Q:

AND HE'S NO RELATION TO THE OTHER SERGEANT COON.

# 32 A:

NOT AS FAR AS I KNOW.

# 33 Q:

ALL RIGHT. AS FAR AS YOU KNOW; IS THAT RIGHT?

# 34 A:

THAT'S CORRECT.

# 35 Q:

ALL RIGHT. AND ABOVE SERGEANT COON, WHO CAME NEXT?

# 36 A:

WATCH COMMANDER WAS SERGEANT ROSSI.

# 37 Q:

ALL RIGHT. AND HE AT SOME POINT RESPONDED TO THE LOCATION?

# 38 A:

THAT'S CORRECT.

# 39 Q:

AND ABOVE SERGEANT ROSSI WAS WHOM?

# 40 A:

JUST -- THAT WAS IT. AREA COMMANDER.

# 41 Q:

ALL RIGHT. AND WHAT ABOUT LIEUTENANT SPANGLER? HOW DID HE FIT IN THE HIERARCHY?

# 42 A:

LIEUTENANT SPANGLER IS A LIEUTENANT OF DETECTIVES OF WEST L.A.

# 43 Q:

SO HE WOULD BE ABOVE ROSSI?

# 44 A:

HE'S ACTUALLY ABOVE PHILLIPS AND FUHRMAN.

# 45 Q:

ALL RIGHT. SO AS I UNDERSTAND HOW IT WORKS, YOU AS THE RESPONDING PATROL OFFICER WORKED AT THAT SCENE FOR A PERIOD OF TIME UNTIL SUCH TIME AS THE DETECTIVES RESPONDED?

# 46 A:

RIGHT. UNTIL THEY TAKE IT OVER.

# 47 Q:

AND THE DETECTIVES, WHEN THEY RESPONDED, THAT WAS MARK FUHRMAN AND DETECTIVE PHILLIPS; IS THAT CORRECT?

# 48 A:

THAT'S CORRECT.

# 49 Q:

AND IT'S YOUR RECOLLECTION THEY GOT THERE AROUND 2:30 IN THE MORNING; ISN'T THAT CORRECT?

# 50 A:

I DON'T KNOW WHAT TIME THEY GOT THERE.

# 51 Q:

ALL RIGHT. MISS CLARK MENTIONED TO YOU IT WAS ABOUT TWO HOURS OR SO AFTER YOU ARRIVED.

# 52 A:

RIGHT.

# 53 Q:

YOU DON'T QUARREL WITH THAT THOUGH, DO YOU?

# 54 A:

I WOULD ONLY BE GUESSING, SIR. I DON'T KNOW. I DIDN'T HAVE THE CRIME SCENE LOG.

# 55 Q:

ALL RIGHT. AND IF YOU WERE TO SEE A LOG OF WHEN THE OFFICERS GOT THERE, THAT WOULD REFRESH YOUR RECOLLECTION, WOULD IT?

# 56 A:

YES, SIR.

# 57 Q:

NOW, LET'S START WITH YOU. YOU ARRIVED THERE AT ABOUT 12:13 A.M.; IS THAT CORRECT?

# 58 A:

THAT'S CORRECT.

# 59 Q:

AND YOU ARRIVED THERE WITHIN FOUR MINUTES OF THE TIME THAT YOU RECEIVED THIS 459 PROWLER CALL AT MISS ELSIE TISTAERT'S RESIDENCE; IS THAT RIGHT?

# 60 A:

YES, SIR.

# 61 Q:

AND WHEN YOU ARRIVED THERE, YOU AND YOUR PARTNER, OFFICER TERRAZAS, WERE THE FIRST OFFICERS THERE; IS THAT CORRECT?

# 62 A:

CORRECT.

# 63 Q:

NOW, YOU DESCRIBED FOR MISS CLARK THAT WHEN YOU WERE AT THE LOS ANGELES POLICE ACADEMY, THAT THEY KIND OF GLOSSED OVER THIS CRIME SCENE MAINTENANCE AND TRAINING; IS THAT CORRECT?

# 64 A:

RIGHT.

# 65 Q:

AND MUCH OF WHAT YOU'VE LEARNED, YOU LEARNED ACTUALLY ON THE JOB ONCE YOU ACTUALLY GOT IN THE FIELD; IS THAT CORRECT?

# 66 A:

YES, SIR.

# 67 Q:

HAVE YOU HAD ANY TRAINING IN THE SENSITIVITY OF DNA?

# 68 A:

NO.

# 69 Q:

HAD ANY TRAINING WITH REGARD TO POLYMERASE CHAIN REACTION OR SO CALLED PCR?

# 70 A:

NO.

# 71 Q:

HAD NONE OF THAT AT ALL?

# 72 A:

NO.

# 73 Q:

ALL RIGHT. NOW -- BY THE WAY, WITH REGARD TO THIS CRIME SCENE, FROM THE TIME THAT YOU ARRIVED THERE AT 12:13 TO THE TIME THAT YOU LEFT AT WHAT, 7:15?

# 74 A:

THAT IS CORRECT.

# 75 Q:

SO THAT WE'RE CLEAR, YOU THEN STAYED THERE APPROXIMATELY SEVEN HOURS; IS THAT RIGHT?

# 76 A:

RIGHT.

# 77 Q:

DID YOU SEE ANY OFFICERS OUT THERE WITH A VIDEOTAPE MACHINE OR A VIDEOTAPE CAMERA VIDEOTAPING THIS ENTIRE SCENE?

# 78 A:

NO.

# 79 Q:

YOU NEVER SAW ANYBODY WITH A VIDEOTAPE AT THAT TIME?

# 80 A:

NOT THAT I RECALL.

# 81 Q:

WHILE YOU WERE THERE?

# 82 A:

NOT THAT I RECALL.

# 83 Q:

YOU DID IN FACT, HOWEVER, SEE A PHOTOGRAPHER AT SOME POINT; ISN'T THAT CORRECT?

# 84 A:

THAT'S CORRECT.

# 85 Q:

AND THE PHOTOGRAPHER THAT YOU SAW, WHAT WAS HIS NAME?

# 86 A:

I REALLY DON'T KNOW.

# 87 Q:

ROKAHR? IF I USED THE NAME ROKAHR, WOULD THAT REFRESH YOUR RECOLLECTION?

# 88 A:

IT WOULDN'T BECAUSE I DON'T KNOW HIS NAME.

# 89 Q:

YOU DON'T KNOW HIS NAME?

# 90 A:

I NEVER --

# 91 Q:

ALL RIGHT. WHAT TIME DID YOU FIRST SEE THIS PHOTOGRAPHER, SIR?

# 92 A:

I REALLY DON'T KNOW. I WENT TO THE FRONT AFTER SEARCHING THE ALLEY AND I THINK HE WAS THERE. I'M NOT SURE.

# 93 Q:

LET'S BACK UP FOR A MOMENT. YOU RECALL SEEING HIM AT THE REAR --

# 94 A:

THAT'S RIGHT.

# 95 Q:

-- OF THE ALLEY TAKING SOME PICTURES; ISN'T THAT CORRECT?

# 96 A:

THAT'S CORRECT.

# 97 Q:

AND THIS WAS AFTER THE DETECTIVES HAD ARRIVED AT ABOUT 2:00, 2:30; ISN'T THAT CORRECT?

# 98 A:

CORRECT.

# 99 Q:

SO WHATEVER PICTURES AND WHAT HE WAS DOING WAS ON THE DIRECTION OF THE DETECTIVES WHO HAD NOW TAKEN OVER THE SCENE; IS THAT RIGHT?

# 100 A:

THAT'S CORRECT.

# 101 Q:

YOU DID NOT GIVE HIM ANY DIRECTIONS AS TO WHAT TO TAKE. IT WOULD HAVE BEEN DONE BY THE DETECTIVES; IS THAT RIGHT?

# 102 A:

NO. I JUST POINTED OUT BLOOD SO HE DIDN'T STEP IN IT OR DISTURB ANY EVIDENCE.

KEY QUOTE

# 103 Q:

ALL RIGHT. NOW, DID YOU EVER AT ANY TIME SEE THIS PHOTOGRAPHER TAKE ANY PICTURES OF THE INTERIOR OF THE RESIDENCE AT 875 SOUTH BUNDY?

# 104 A:

NO, I DIDN'T.

# 105 Q:

DID YOU EVER SEE HIM TAKE PICTURES OF THESE CANDLES THAT YOU DESCRIBED?

# 106 A:

NO.

# 107 Q:

DID HE TAKE ANY PICTURES OF THIS ICE CREAM, THIS MELTING ICE CREAM THAT YOU DESCRIBED IN YOUR REPORT?

# 108 MS. CLARK:

OBJECTION. CALLS FOR SPECULATION.

# 109 MR. COCHRAN:

I'M ASKING IF HE EVER SAW IT.

# 110 THE COURT:

OVERRULED.

# 111 Q:

BY MR. COCHRAN: DID YOU EVER SEE HIM TAKE ANY PICTURES OF THIS MELTING ICE CREAM THAT YOU DESCRIBED?

# 112 A:

NO, I DIDN'T.

# 113 Q:

AND BY THE WAY, BEFORE WE BREAK FOR LUNCH --

# 114 MR. COCHRAN:

IT'S A GOOD TIME TO BREAK FOR LUNCH WHEN WE'RE TALKING ABOUT ICE CREAM, YOUR HONOR, BUT LET ME JUST ASK HIM.

# 115 Q:

BY MR. COCHRAN: WITH REGARD TO THIS ICE CREAM, WHEN YOU FIRST SAW THIS ICE CREAM, YOU DESCRIBED THE ICE CREAM AS A BOWL OF MELTING ICE CREAM; ISN'T THAT CORRECT?

# 116 A:

THAT'S CORRECT.

# 117 Q:

IT WASN'T MELTED AT THAT POINT, WAS IT?

# 118 A:

IN MY OPINION, NO. IT WAS MELTING.

# 119 Q:

IT WAS MELTING?

# 120 A:

IT WAS ABOUT HALF AND HALF.

KEY QUOTE

# 121 Q:

ALL RIGHT. SO IT WAS STILL MELTING, RIGHT?

# 122 A:

THAT IS CORRECT.

# 123 Q:

OKAY. WHAT KIND OF ICE CREAM WAS THAT? DO YOU RECALL?

# 124 A:

WHAT KIND OF ICE CREAM?

# 125 Q:

YEAH. WAS IT VANILLA, STRAWBERRY CHOCOLATE? WHAT WAS IT?

# 126 A:

I DON'T KNOW.

# 127 Q:

ALL RIGHT. YOU DON'T HAVE ANY PICTURES TO THIS DATE TO TELL US, DO YOU?

# 128 A:

NO.

# 129 Q:

IN OTHER WORDS, WOULD YOU AGREE WITH ME, THE BEST EVIDENCE OF THE CONDITION OF THAT ICE CREAM WHEN YOU FIRST SAW IT ON THAT NIGHT WOULD BE A PICTURE OF HOW IT LOOKED; ISN'T THAT CORRECT?

KEY QUOTE

# 130 A:

PICTURE OF WHEN I ACTUALLY SAW IT, YES.

# 131 Q:

YEAH. WHEN YOU SAW IT, YES. WE DON'T HAVE THAT, DO WE?

# 132 A:

NOT THAT I KNOW OF.

# 133 Q:

WHAT KIND OF CONTAINER OF ICE CREAM WAS THIS?

# 134 A:

IT WAS LIKE A CARDBOARD BEN AND JERRY'S CONTAINER.

KEY QUOTE

# 135 Q:

BEN AND JERRY'S?

# 136 A:

BEN AND JERRY'S.

# 137 Q:

CONTAINER.

# 138 A:

RIGHT.

# 139 Q:

IS THAT CORRECT? AND THIS ICE CREAM THAT YOU SAW WAS INSIDE THE RESIDENCE; IS THAT CORRECT?

# 140 A:

RIGHT.

# 141 Q:

AND WHERE WAS IT IN RELATION TO THAT RESIDENCE? WAS IT NEAR THE REAR?

# 142 A:

IT WAS ON A BANISTER RIGHT BEFORE THE ENTRANCE TO THE GARAGE FROM THE HOUSE.

# 143 Q:

AND IT WAS NEAR THE BACK. AND WHEN YOU CAME AND YOU TOOK THE CHILDREN OUT THAT WAY, YOU PASSED RIGHT BY THAT BANISTER; IS THAT CORRECT?

# 144 A:

THAT'S CORRECT.

# 145 Q:

AND WHEN YOU FIRST SAW THIS ICE CREAM, WHAT TIME WAS IT WHEN YOU FIRST SAW THAT ICE CREAM, THE MELTING ICE CREAM?

# 146 A:

I WOULD ESTIMATE 12:35, 12:40.

# 147 Q:

SO AT THAT TIME, AT 12:40, THIS MELTING ICE CREAM IN THE BEN AND JERRY'S CONTAINER HAD NOT FULLY MELTED, RIGHT?

# 148 A:

NOT IN MY OPINION, NO.

# 149 Q:

ALL RIGHT.

# 150 MR. COCHRAN:

THIS IS A GOOD POINT NOW, YOUR HONOR, THE ICE CREAM, AND WE'LL PICK UP THERE AFTER LUNCH.

# 151 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THE LUNCH HOUR. PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, ALLOW ANYBODY TO CONTACT YOU REGARDING THE CASE. LET'S HAVE IT QUIET IN THE COURTROOM, PLEASE. DON'T CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. AND WE WILL SEE YOU BACK HERE AT 1:30. OFFICER RISKY, YOU ARE ORDERED NOT TO DISCUSS YOUR TESTIMONY WITH ANYBODY OTHER THAN THE LAWYERS IN THE CASE. YOU ARE ORDERED TO RETURN HERE AT 1:30 SHARP.

# 152 OFF. ROBERT RISKE:

YES, SIR.

# 153 THE COURT:

ALL RIGHT. WE'LL STAND IN RECESS UNTIL 1:30. THANK YOU, COUNSEL.

Temperature

procedural

Key Quotes (4)

Riske

NO. I JUST POINTED OUT BLOOD SO HE DIDN'T STEP IN IT OR DISTURB ANY EVIDENCE.

Riske says he did not direct the photographer except to point out blood so evidence would not be disturbed.

Riske

IT WAS ABOUT HALF AND HALF.

Riske characterizes the ice cream as about half melted.

Riske

IT WAS LIKE A CARDBOARD BEN AND JERRY'S CONTAINER.

Riske identifies the container as a cardboard Ben & Jerry's container.

Cochran

IN OTHER WORDS, WOULD YOU AGREE WITH ME, THE BEST EVIDENCE OF THE CONDITION OF THAT ICE CREAM WHEN YOU FIRST SAW IT ON THAT NIGHT WOULD BE A PICTURE OF HOW IT LOOKED; ISN'T THAT CORRECT?

Cochran presses the point that a contemporaneous photograph would best show the ice cream's condition; Riske agreed while saying he did not know of such a picture.

Evidence (2)

Informal

Crime scene photographs taken by the LAPD photographer (Rokahr)

discussed — Riske confirms he does not know the photographer's name and did not see him photograph the specified interior items

Informal

Crime scene log showing arrival times of officers

referenced — Cochran notes Riske did not have it; Riske agrees it would refresh his recollection

Notable Exchanges (3)

Cochran•Riske

Cochran methodically questions Riske about whether he saw videotaping during his approximately seven hours at the scene and whether he saw the photographer take pictures of the candles or melting ice cream; Riske says he did not see or recall videotaping and did not see the photographer take those pictures.

strategic

Cochran•Riske

Extended exchange on the ice cream — its brand (Ben & Jerry's), location (banister near garage), state (half melted at 12:35-12:40 AM), and Riske's testimony that he did not see the specified photographs being taken and did not know of a contemporaneous ice-cream picture.

methodical

Cochran•Riske

Cochran identifies Riske's field supervisor as Sergeant Coon and watch commander as Sergeant Rossi, then elicits that Lieutenant Spangler was above Detectives Phillips and Fuhrman.

procedural

Light Moments (2)

Cochran

Cochran raises whether Sergeant Coon was related to another Sergeant Coon; Riske answers that there was no relation as far as he knew and confirms that qualification.

Cochran

Cochran signals the lunch break by quipping: 'IT'S A GOOD TIME TO BREAK FOR LUNCH WHEN WE'RE TALKING ABOUT ICE CREAM, YOUR HONOR' before asking one final question.

Credibility Attacks (2)

⚔ Riske

competence / training gaps

Cochran establishes that Riske had been an officer for about four years, had no training in DNA sensitivity or PCR, and said much of his crime-scene learning occurred on the job.

⚔ LAPD crime scene documentation

omission / gaps in evidence

Cochran questions Riske about videotaping and photographs of interior evidence; Riske says he did not see or recall videotaping and did not see the photographer take the specified interior pictures.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4779 • 153 lines • Prosecution witness

Criminal Trial

Department 103