Cochran continued his methodical cross-examination of first responding Officer Riske, focusing on a series of evidence-handling failures: Riske picked up Nicole Brown Simpson's phone without gloves (potentially destroying fingerprints and disturbing a Star-69 trace), the front gate doorknobs were never dusted for prints, lit candles in the master bath were never photographed, and the melting Ben and Jerry's ice cream was left undocumented. Cochran also introduced the LAPD crime scene log as Defendant's 1006, revealing a discrepancy between the log's recorded arrival time (12:20) and Riske's actual arrival (12:13), and establishing that Fuhrman and Phillips did not arrive until 2:10 AM.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:) # 2 THE COURT: ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. ALL RIGHT. LET THE RECORD REFLECT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD AFTERNOON, LADIES AND GENTLEMEN.
# 3 THE JURY: GOOD AFTERNOON.
ROBERT RISKE, THE WITNESS ON THE STAND AT THE TIME OF THE NOON RECESS, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:
# 4 THE COURT: OFFICER ROBERT RISKE IS STILL ON THE WITNESS STAND UNDER CROSS-EXAMINATION. OFFICER RISKE, YOU ARE REMINDED THAT YOU ARE STILL UNDER OATH. AND MR. COCHRAN, YOU MAY CONTINUE YOUR CROSS-EXAMINATION.
# 5 MR. COCHRAN: THANK YOU VERY KINDLY, YOUR HONOR.
# 7 MR. DOUGLAS: YOUR HONOR, COULD WE HAVE THE BOARDS MOVED SO THAT WE CAN SEE THE JURY?
# 8 MS. CLARK: SURE. YES.
# 9 THE COURT: DO YOU WANT TO JUST PILE THEM UP HERE, HOWEVER.
# 10 MS. CLARK: OVER HERE?
# 11 THE COURT: IS THAT CLEAR ENOUGH, MR. DOUGLAS?
# 12 MR. DOUGLAS: YES, YOUR HONOR. THANK YOU VERY MUCH.
# 13 THE COURT: ALL RIGHT. MR. COCHRAN.
# 14 MR. COCHRAN: THANK YOU VERY KINDLY. GOOD AFTERNOON, LADIES AND GENTLEMEN.
# 15 THE JURY: GOOD AFTERNOON.
# 16 CROSS-EXAMINATION (RESUMED)
# 18 Q: GOOD AFTERNOON, OFFICER RISKE.
# 20 Q: WHEN WE BROKE AT LUNCH WE WERE TALKING ABOUT ICE CREAM AND THAT INCIDENT THAT YOU WERE OUT THERE ON JUNE 13, 1994. HAVE YOU EVER SEEN ANY PHOTOGRAPHS OF THE ICE CREAM OR THE SPOON ON THE FLOOR RIGHT BELOW THE ICE CREAM?
# 22 Q: HAVE YOU EVER HAD OCCASION TO SEE THE CUP, THE BEN AND JERRY'S CUP THAT THE ICE CREAM WAS IN?
# 23 A: NO, SIR, I DIDN'T.
# 24 Q: AND WHEN YOU SAW THE MELTING ICE CREAM AND THE SPOON ON THE FLOOR, WHERE WAS IT?
# 25 A: WHERE WAS -- WHERE WAS THE CUP?
# 26 Q: WHERE WAS THE CUP?
# 27 A: STILL ON THE BANISTER.
# 28 Q: SO WHEN YOU LEFT THAT MORNING AT ABOUT 7:15 IN THE MORNING, IT WAS STILL IN THAT SAME POSITION, AS FAR AS YOU KNOW; IS THAT CORRECT?
# 29 A: AS FAR AS I KNOW, YES.
# 30 Q: NO OFFICER HAD RETRIEVED IT AT THAT TIME; IS THAT CORRECT?
# 31 A: NO. THE LAST TIME I SAW IT IT WAS STILL ON THE BANISTER.
# 32 Q: ALL RIGHT. NOW, WHILE YOU WERE INSIDE THE RESIDENCE, YOU NEVER AT ANY TIME SAW THE PHOTOGRAPHER TAKE ANY PICTURES OF THESE CANDLES THAT WERE LIT INSIDE EITHER; IS THAT CORRECT?
# 34 Q: WILL YOU DESCRIBE AND GIVE US A WORD PICTURE FOR THE COURT AND JURY OF THESE CANDLES. WHERE WERE THESE CANDLES AND HOW WERE THEY LIT?
# 35 A: THE BATHTUB IN THE MASTER BEDROOM OR IN THE MASTER BATH IS A SUNKEN TUB AND THERE IS A SPACE TO THE -- THAT WOULD BE TOWARD THE WEST TOWARDS THE ALLEY, THAT IS JUST FLAT AND THERE WAS THREE CANDLES IN CANDLE HOLDERS ON THAT SPACE AND THEY WERE LIT.
# 36 Q: AND THEY WERE LIT AND THEY WERE STILL BURNING WHEN YOU GOT THERE?
# 38 Q: DID YOU -- DID YOU OR ANYONE ELSE PRESERVE THOSE CANDLES SO THAT WE HAVE THOSE NOW?
# 40 Q: AGAIN, WOULD I BE CORRECT IN ASSUMING THAT YOU NEVER SAW THE PHOTOGRAPHER WHO WAS THERE TAKE ANY PICTURES OF THE CANDLES?
# 42 MS. CLARK: OBJECTION, YOUR HONOR. THAT -- THAT IS MISLEADING AND CONFUSING. WHETHER HE SAW IT OR NOT DOESN'T MEAN IT HAPPENED OR NOT.
# 43 THE COURT: OVERRULED.
# 44 Q: BY MR. COCHRAN: YOU NEVER SAW THE PHOTOGRAPHER TAKE ANY PICTURES OF THOSE CANDLES, RIGHT?
# 46 Q: SINCE THIS TIME YOU HAVE NOT SEEN ANY PICTURES OF THOSE CANDLES, HAVE YOU?
# 48 MS. CLARK: OBJECTION, ASSUMES A FACT NOT IN EVIDENCE.
# 49 THE COURT: OVERRULED.
# 50 Q: BY MR. COCHRAN: DID YOU SEE ANY CANDLES ANY PLACE ELSE IN THE RESIDENCE THAT WERE BURNING?
# 51 A: I REALLY DON'T RECALL SEEING ANY.
# 52 Q: ALL RIGHT. NOW, YOU HAVE DESCRIBED ON A COUPLE OF OCCASIONS THAT THE PLACE DID NOT APPEAR TO YOU TO BE RANSACKED, AND WOULD I BE CORRECT IN ASSUMING THAT WAS THE FIRST TIME YOU HAVE BEEN INSIDE THAT LOCATION?
# 54 Q: DO YOU KNOW WHETHER OR NOT THERE WAS ANY VERY EXPENSIVE VASES OR ANYTHING OF THAT NATURE THAT WERE IN THERE BEFORE?
# 56 Q: YOU DON'T KNOW THAT, DO YOU?
# 58 Q: SO SINCE THAT IS THE FIRST TIME THAT YOU HAD BEEN THERE YOU JUST DIDN'T SEE ANYTHING THAT APPEARED TO BE OUT OF ORDER?
# 60 Q: SO THAT WE ARE CLEAR, WHEN YOU FINALLY GAINED ENTRANCE, YOU WALKED UP THE SIDE, THE SIDE OF THE BODY, SO IT WOULD BE TO THE SOUTH OF WHERE THE BODIES WOULD BE, THE FRONT DOOR OF THIS RESIDENCE WAS OPENED; IS THAT CORRECT?
# 62 Q: AND AT SOME POINT YOU DESCRIBED FOR US THAT YOU WENT INSIDE THE HOUSE; IS THAT CORRECT?
# 64 Q: NOW, DID YOU HAVE ONE OF THESE KIND OF ROVING COMMUNICATORS SO THAT YOU COULD CALL FROM -- I FORGET WHAT THEY CALL THEM -- THE ROVERS?
# 66 Q: -- TO MAKE A CALL BACK TO WEST LOS ANGELES STATION?
# 68 Q: SO YOU COULD HAVE CALLED YOUR SERGEANT ON YOUR ROVER IF YOU WANTED TO, RIGHT?
# 69 A: WELL, I COULD HAVE.
# 70 Q: ALL RIGHT. AND AS I RECALL YOUR TESTIMONY, AT SOME POINT YOU WENT INSIDE THE RESIDENCE; IS THAT CORRECT?
# 72 Q: WERE YOU BY YOURSELF AT THAT POINT?
# 73 A: MY PARTNER WAS ON THE LANDING WITH ME.
# 74 Q: ALL RIGHT. OFFICER TERRAZAS?
# 76 Q: AND DID YOU KNOW AT THAT TIME WHETHER OR NOT THE -- THIS PARTICULAR PHONE WAS EQUIPPED WITH THIS STAR 69 FEATURE SO YOU COULD PUNCH DOWN AND GET THE LAST NUMBER CALLED OR THE LAST NUMBER?
# 80 Q: AND PRIOR TO YOU -- YOU PICKED UP THAT PHONE AT SOME POINT, DID YOU NOT?
# 82 Q: PRIOR TO PICKING UP THAT PHONE DID ANYBODY DUST IT FOR PRINTS AT ALL?
# 84 Q: DID YOU HAVE ANY GLOVES ON WHEN YOU PICKED UP THE PHONE?
KEY QUOTE # 86 Q: SO YOU JUST PICKED IT UP AND USED IT?
# 88 Q: DID YOU HAVE YOUR ROVER WITH YOU WHEN YOU PICKED UP THE PHONE?
# 90 Q: WHEN YOU USED THIS PHONE, THAT IS WHEN YOU CALLED WEST LOS ANGELES STATION?
# 92 Q: YOU SPOKE TO SERGEANT ROSSI?
# 94 Q: WHAT TIME OF EVENING OR EARLY MORNING WAS THAT, SIR, THAT YOU MADE THAT CALL?
# 95 A: I WOULD SAY 12:20, 12:25.
# 96 Q: SO IT WAS WITHIN A RELATIVELY SHORT PERIOD OF TIME OF YOUR ARRIVAL THERE; IS THAT CORRECT?
# 98 Q: AND IF THIS PHONE HAD A PARTICULAR DIAL COMPONENT, YOUR PHONE -- YOUR CALLING OUT WOULD HAVE DISTURBED THAT; IS THAT CORRECT?
# 100 Q: DID ANY OTHER POLICE OFFICERS AT THAT TIME MAKE ANY CALLS ON THAT PHONE, THAT YOU KNOW OF?
# 102 Q: NOW, AT THAT TIME YOU ONLY WENT -- THE PHONE WAS WHERE INSIDE THE RESIDENCE?
# 103 A: IT WAS BETWEEN THE KITCHEN AND THE DINING ROOM. IT WAS RIGHT ON THE COUNTER.
# 104 Q: ALL RIGHT. OKAY. THE LIGHT -- AS YOU WENT INSIDE THIS RESIDENCE THERE WAS LIGHT COMING OUT OF THE RESIDENCE DOWN TOWARD WHERE THESE STAIRS WERE? IS THAT A FAIR STATEMENT?
# 106 Q: AND DO YOU HAVE A -- HAVE YOU SEEN A PHOTOGRAPH TODAY OF THAT, OF THE FRONT DOOR BEING OPENED WITH THE LIGHT CASCADING DOWN?
# 108 Q: YOU HAVE NOT SEEN THAT TODAY?
# 109 A: NOT WITH THE FRONT DOOR OPENED. I HAVEN'T SEEN A PICTURE OF THE FRONT DOOR.
# 110 Q: ALL RIGHT. DESCRIBE THEN FOR THE JURY HOW WIDE THIS FRONT DOOR WAS OPENED.
# 111 A: HALF, MAYBE A LITTLE MORE THAN HALF.
# 112 Q: ABOUT HALFWAY OPENED?
# 114 Q: ALL RIGHT. NOW, WITH REGARD TO THE -- THE FRONT GATE, YOU DESCRIBED FOR US HOW THE -- MISS NICOLE BROWN SIMPSON'S LEGS WERE UNDER THAT GATE AND WE SAW A PICTURE OF THAT?
# 115 A: NOT UNDER THE GATE.
# 116 Q: CLOSE PROXIMITY TO THE GATE?
# 117 A: THE GATE IS ON THE OTHER SIDE OF THE WALKWAY.
# 118 Q: UNDER THE FENCE PROPERLY PUT. AND THIS GATE WAS OPENED; IS THAT CORRECT?
# 120 Q: AND DESCRIBE AGAIN HOW FAR OPENED WAS IT?
# 121 A: IT WAS COMPLETELY OPENED WHEN WE GOT THERE.
# 122 Q: LIKE WIDE OPEN; IS THAT CORRECT?
# 124 Q: ON ONE SIDE OF THE GATE DESCRIBE FOR US HOW THE GATE MECHANISM WORKED, IF YOU RECALL. WAS THERE A BUZZER ON ONE SIDE AND A HANDLE ON THE OTHER SIDE?
# 125 A: THERE WAS A CALL BOX, BUT I DON'T KNOW IF IT WAS ELECTRONIC OR MANUAL. I REALLY DON'T KNOW.
# 126 Q: WHILE YOU WERE THERE THAT NIGHT YOU DESCRIBED FOR US HOW IN GOING THROUGH THE SHRUBBERY YOU CAME UP TO A CALL BOX?
# 128 Q: DID YOU TEST THAT CALL BOX WHILE YOU WERE THERE?
# 130 Q: WHILE YOU WERE THERE, UP UNTIL ABOUT 7:15 IN THE MORNING, DID YOU SEE ANY POLICE OFFICERS DUST THAT CALL BOX FOR ANY PRINTS?
# 131 A: I REALLY DON'T RECALL, NO.
# 132 Q: DID YOU FIND OUT WHETHER OR NOT THE CALL BOX WAS OPERABLE, THAT IS, BY THAT DID YOU -- DID ANYBODY GO INSIDE AND HAVE THE CALL BOX PRESSED AND CHECK IT INSIDE TO SEE IF IT WORKED?
# 133 A: NOT IN MY PRESENCE, NO.
# 134 Q: NOT IN YOUR PRESENCE?
# 136 Q: YOU DIDN'T DO IT PERSONALLY?
# 138 Q: WHILE YOU WERE THERE DID YOU SEE, AND I THINK WE SAW SOME PICTURES THIS MORNING, THAT THERE WAS SOME KIND OF A HANDLE ON BOTH SIDES OF THAT PARTICULAR GATE THAT WAS OPENED, RIGHT?
# 139 (NO AUDIBLE RESPONSE.) # 140 Q: DO YOU REMEMBER A DOOR HANDLE?
# 141 A: OF THE REAR GATE. I DON'T REMEMBER SEEING ANY PICTURES OF THE FRONT GATE.
# 142 Q: THINK BACK IN YOUR MIND'S EYE OF THE FRONT GATE. DO YOU REMEMBER HAVING HANDLE ON THE FRONT GATE?
# 143 A: I DON'T RECALL IF IT DID OR NOT.
# 144 Q: YOU DON'T RECALL?
# 146 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. COCHRAN AND MR. FAIRTLOUGH.) # 147 MR. COCHRAN: YOUR HONOR, MAY WE HAVE JUST A MOMENT? THERE IS A PICTURE OF THE FRONT GATE AND I WANT TO MAKE SURE.
# 148 THE COURT: CERTAINLY. CERTAINLY.
# 150 MR. COCHRAN: YOUR HONOR, CAN WE CUT THE FEED?
# 152 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 153 MR. COCHRAN: SAVE SOME TIME, WE ARE TRYING TO GET THE NUMBER, YOUR HONOR, BEFORE WE START. WE WOULD LIKE TO CUT THE FEED AND PUT THIS UP ON THE ELMO IF WE CAN. I UNDERSTAND THIS IS PLAINTIFF'S 42 FOR IDENTIFICATION.
# 154 Q: NOW, CAN YOU LOOK AT YOUR MONITOR THERE AND DO YOU SEE THERE, THERE APPEARS TO BE A HANDLE WHERE I'M POINTING WITH THE LASER. IS THAT THE INSIDE?
# 155 A: THAT IS THE CALL BOX, SIR.
# 157 THE COURT: I THINK HE IS LOOKING AT THE ARROW, NOT THE --
# 158 Q: BY MR. COCHRAN: THE CALL BOX IS TO THE LEFT WHERE THERE IS AN ARROW; IS THAT CORRECT?
# 160 Q: I WANT YOU TO LOOK TO THE RIGHT OF THAT PARTICULAR PHOTOGRAPH. DO YOU SEE A DOORKNOB?
# 162 Q: OKAY. WHERE THE ARROW IS NOW LOCATED?
# 164 Q: ALL RIGHT. DID YOU NOTICE THAT THAT NIGHT?
# 165 A: I DID, BUT I JUST DIDN'T MAKE ANY MENTION OF IT.
# 166 Q: ALL RIGHT. AND THERE WAS A DOOR -- THERE WERE DOOR KNOBS ON BOTH SIDES OF THAT; IS THAT CORRECT?
# 168 Q: WHILE YOU WERE THERE DID YOU EVER SEE ANY POLICE OR ANY POLICE TECHNICIANS DUST THOSE TWO DOORKNOBS FOR FINGERPRINTS?
KEY QUOTE # 170 Q: AND YOU NEVER DID ANYTHING WITH REGARD TO DETERMINING HOW YOU GOT THAT GATE OPENED, DID YOU?
# 172 Q: NOW, AFTER YOU MADE THE INITIAL PHONE CALL TO SERGEANT ROSSI, YOU CAME BACK OUTSIDE; IS THAT CORRECT?
# 174 Q: AT THAT POINT YOU HAD NOT DISCOVERED THE CHILDREN; IS THAT CORRECT?
# 176 Q: AND YOU HAD NOT DISCOVERED THE ICE CREAM?
# 178 THE COURT: MR. COCHRAN, DO YOU NEED THIS PHOTOGRAPH ANY LONGER?
# 179 MR. COCHRAN: NO, NO. THANK YOU, YOUR HONOR. YOU MAY TAKE IT DOWN, THANK YOU.
# 180 THE COURT: THANK YOU, MR. HARRIS.
# 181 Q: BY MR. COCHRAN: AND YOU CAME BACK OUTSIDE; IS THAT CORRECT?
# 183 Q: AND HOW LONG BEFORE YOU WENT BACK IN THE HOUSE AGAIN?
# 184 A: I WOULD SAY LESS THAN FIVE MINUTES.
# 185 Q: SO IN A SHORT PERIOD OF TIME YOU WENT BACK IN THE HOUSE?
# 187 Q: WITH ANYONE ELSE OR BY YOURSELF?
# 188 A: WITH OFFICER WALLEY.
# 189 Q: YOU AND OFFICER WALLEY WENT INSIDE THE HOUSE?
# 191 Q: WHEN YOU WENT IN THIS SECOND TIME, WHAT TIME WAS IT, SIR?
# 192 A: I COULD ONLY GUESS.
# 195 Q: ALL RIGHT. SO WITHIN A HALF HOUR OF THE TIME YOU ARRIVED THERE, AT ANY RATE?
# 197 Q: OKAY. YOUR PURPOSE WAS TO LOOK TO SEE IF THERE WERE ANY OTHER VICTIMS, ANY OTHER PEOPLE INSIDE THE RESIDENCE?
# 199 Q: WAS THAT WHEN YOU BECAME AWARE AND FORMED THE OPINION, AS YOU STATED, THAT MR. O.J. SIMPSON WAS SOMEHOW INVOLVED IN THIS?
# 202 A: ACTUALLY WHEN I MADE THE INITIAL PHONE CALL.
# 203 Q: NOTICED IT WHEN YOU MADE THE FIRST PHONE CALL AND YOU SAW SOME CORRESPONDENCE WITH MR. SIMPSON'S NAME ON IT?
# 204 A: IT WAS A RETURN ADDRESS, YES.
# 205 Q: AND THERE WAS A LETTER OF SOME KIND?
# 206 A: JUST AN ENVELOPE.
# 207 Q: ALL RIGHT. NOW, BEFORE -- YOU HAVE NEVER BEEN TO THAT LOCATION BEFORE, HAVE YOU?
# 209 Q: WAS THERE A NAME ON THE MAILBOX AT ALL THAT NIGHT?
# 210 A: I DIDN'T LOOK AT THE MAILBOX, NO.
# 211 Q: THIS WAS THE FIRST THING YOU SAW WITH A NAME ON IT; IS THAT CORRECT?
# 213 Q: A LETTER WITH A RETURN ADDRESS AND MR. O.J. SIMPSON?
# 215 Q: IN YOUR MIND YOU THOUGHT THAT THAT MEANT HE WAS SOMEHOW INVOLVED WITH THIS?
# 216 A: WITH THE PICTURES ON THE WALL AND THE FAMILY PICTURES AND THE LETTER.
# 217 Q: ALL RIGHT. LET'S TALK ABOUT THAT. WHAT PICTURES ON THE WALL DID YOU SEE?
# 218 A: THERE WAS A LITHOGRAPH ON THE NORTH WALL OF THE RESIDENCE.
# 219 Q: AND WHAT -- THIS LITHOGRAPH WAS OF WHOM?
# 220 A: OF O.J. SIMPSON, I BELIEVE.
# 221 Q: AND IN WHAT POSITION? WHAT WAS HE DOING?
# 222 A: I BELIEVE IT WAS HIM PLAYING FOOTBALL.
# 223 Q: HE WAS WEARING A FOOTBALL UNIFORM?
# 226 A: I REALLY DON'T RECALL.
# 227 Q: BUT YOU RECOGNIZED HIM?
# 229 Q: ALL RIGHT. WHAT ELSE DID YOU SEE WITH REGARD TO MR. O.J. SIMPSON'S PHOTOGRAPH?
# 230 A: THERE WERE SOME FAMILY PHOTOS AS YOU ENTER THE FRONT DOOR. THERE IS LIKE A WALL BEFORE YOU GET TO THE DINING ROOM THAT HAD PHOTOS IN IT.
# 231 Q: ALL RIGHT. WHAT PHOTOGRAPHS DID YOU SEE THERE, SIR?
# 232 A: THERE IS JUST A BUNCH OF PHOTOS. I REALLY DON'T KNOW.
# 233 Q: AND DID YOU SEE CHILDREN IN THOSE PHOTOGRAPHS?
# 235 Q: DID YOU SEE MISS NICOLE BROWN SIMPSON IN THOSE PHOTOGRAPHS?
# 237 Q: DID YOU SEE MR. O.J. SIMPSON IN THOSE PHOTOGRAPHS?
# 238 A: I SEEM TO RECALL. I CAN'T BE POSITIVE IF HE WAS IN THOSE PHOTOS.
# 239 Q: ALL RIGHT. THAT IS YOUR BEST RECOLLECTION NOW, YOU THINK YOU SAW HIM; IS THAT RIGHT?
# 240 A: YES, SIR. YES, SIR.
# 241 Q: THIS IS NOW -- DID YOU OBSERVE THIS DURING THE FIRST TIME YOU WENT IN THERE AND YOU CALLED SERGEANT ROSSI?
# 243 Q: OKAY. DID YOU OBSERVE ANYTHING ELSE AT THAT POINT DURING THIS FIRST TIME THAT YOU WENT INSIDE?
# 244 A: NO, JUST THE ENVELOPE WITH HIS NAME ON IT BY THE PHONE.
# 245 Q: ALL RIGHT. NOW, THEN WHEN YOU CAME BACK IN FIVE MINUTES OR SO LATER WITH OFFICER WALLEY, DID YOU THEN GO INSIDE AND UPSTAIRS IN THE UNIT?
# 247 Q: DESCRIBE THIS UNIT FOR US. CAN YOU TELL US HOW MANY BEDROOMS THIS UNIT HAD?
# 248 A: I BELIEVE IT HAS THREE.
# 249 Q: AND ABOUT -- ARE YOU PRETTY GOOD AT ESTIMATING SQUARE FOOTAGE?
# 251 Q: I WAS GOING TO ASK YOU HOW LARGE WAS THIS UNIT?
# 252 A: IT WAS PROBABLY MAYBE TWENTY BY A HUNDRED, I'M NOT -- I DON'T KNOW.
# 253 Q: JUST YOUR BEST ESTIMATE?
# 255 Q: YOU WERE ONLY IN THERE A COUPLE OF TIMES?
# 256 A: TWICE. ACTUALLY, THREE TIMES.
# 257 Q: ALL RIGHT. SO YOU THEN ON THE SECOND OCCASION, THAT IS WHEN YOU WENT UPSTAIRS?
# 259 Q: AND WHEN YOU WENT UPSTAIRS YOU FOUND THE TWO JUVENILES ASLEEP; IS THAT CORRECT?
# 261 Q: AT SOME POINT THEY WERE AWAKENED; IS THAT CORRECT?
# 263 Q: THERE WAS A YOUNG LADY AND A YOUNG MAN, RIGHT?
# 265 Q: A MALE AND A FEMALE; IS THAT CORRECT?
# 267 Q: DID YOU AND OFFICER WALLEY BRING THEM DOWN AT THAT POINT DURING THE TIME OF YOUR SECOND ENCOUNTER INTO THE RESIDENCE?
# 269 Q: AND OF COURSE YOU TOOK THEM OUT THE BACK WAY; IS THAT CORRECT?
# 271 Q: AND IN GOING OUT THE BACK WAY, THE FEMALE YOUNG LADY SHOWED YOU HOW TO OPEN THE GARAGE DOOR?
# 273 Q: AND YOU WERE ABLE TO GET THEM OUT THAT WAY AND LEAVE IN THE ALLEYWAY; IS THAT CORRECT?
# 275 Q: SO THAT WE ARE CLEAR, THAT JEEP THAT WE HAVE BEEN TALKING ABOUT, THAT IS A BLACK JEEP, ISN'T IT? ISN'T THAT BLACK?
# 276 A: I BELIEVE IT IS DARK GREEN.
# 277 Q: ARE YOU COLORED BLIND? LET ME REPHRASE IT THIS WAY. DO YOU HAVE ANY PROBLEMS WITH COLORS?
# 279 Q: YOUR RECOLLECTION IS IT IS A DARK GREEN JEEP?
# 280 A: DARK GREEN. JUST A DARK COLOR. I THINK IT IS DARK GREEN.
# 281 Q: YOU THINK IT IS DARK GREEN?
# 282 A: AS FAR AS I RECALL.
# 283 Q: OKAY. IF YOU WERE TO SEE A PICTURE OF IT, WOULD THAT HELP YOU?
# 285 MR. COCHRAN: ALL RIGHT.
# 287 MR. COCHRAN: I WILL PLACE A PHOTO OF THE JEEP ON THE ELMO, YOUR HONOR, AND WE WILL GET THE NUMBER.
# 288 Q: IN LOOKING AT THAT ARE YOU ABLE TO DISCERN FROM YOUR MONITOR THE COLOR OF THAT?
# 292 Q: ALL RIGHT. THANK YOU VERY KINDLY.
# 293 MR. FAIRTLOUGH: YOUR HONOR, THIS IS PEOPLE'S 52.
# 294 THE COURT: ALL RIGHT.
# 295 Q: BY MR. COCHRAN: ALL RIGHT. SO WHEN YOU CAME OUTSIDE WERE YOU WITH OFFICER -- HE IS BRINGING IT UP CLOSER. DOES THAT HELP YOU AT ALL WITH REGARD TO COLOR?
# 296 A: NOT REALLY, NO. IT IS NOT REALLY WELL-LIT.
# 297 Q: ALL RIGHT. SO YOU CAN'T TELL; JUST DARK?
# 299 Q: OKAY. WHEN YOU CAME OUTSIDE WITH OFFICER WALLEY AND THE TWO MINOR CHILDREN, THEY WERE TAKEN TO THE STATION BY SOME OTHER POLICE OFFICERS?
# 301 Q: AND DID YOU HAVE ANY FURTHER CONVERSATION WITH EITHER OF THE MINORS WHEN YOU TOOK THEM DOWNSTAIRS?
# 303 Q: THEY THEN LEFT THE SCENE AT SOME POINT; IS THAT CORRECT?
# 305 MR. COCHRAN: YOUR HONOR, BEFORE I FORGET, WITH REGARD TO THE PHOTOGRAPH THAT WE SHOWED SHOWING THE TWO DOORKNOBS ON BOTH SIDES OF THE FRONT GATE, I THINK WE PRINTED THAT OUT. I THINK THE NEXT EXHIBIT IS DEFENDANT'S 1005. MAY I MARK THAT D-1005, YOUR HONOR?
# 307 MR. COCHRAN: THERE IS AN ARROW ON THAT AND ALSO AN ARROW AT THE CALL BOX AND I WILL HAVE THAT MARKED BY YOUR HONOR'S CLERK.
# 308 THE COURT: THANK YOU.
# 309 (DEFT'S 1005 FOR ID = PHOTOGRAPH) # 310 Q: BY MR. COCHRAN: NOW, INSIDE THAT LOCATION YOU ALSO DESCRIBED FOR US THAT YOU SAW A TUB OF WATER IN THE BATHTUB; IS THAT CORRECT?
# 312 Q: DID YOU EVER TOUCH THAT WATER TO SEE WHETHER IT WAS HOT OR COLD?
# 314 Q: WERE THERE ANY PICTURES TAKEN OF THAT WATER?
# 315 A: I REALLY DON'T KNOW.
# 316 Q: YOU DON'T KNOW? YOU NEVER SAW ANY, DID YOU?
# 319 MS. CLARK: AGAIN, OBJECTION, YOUR HONOR. ASSUMES FACTS NOT IN EVIDENCE, THAT THIS WITNESS HAS SEEN THE PHOTOGRAPHS, ALL THE PHOTOGRAPHS IN THIS CASE.
# 320 THE COURT: OVERRULED. OVERRULED.
# 321 Q: BY MR. COCHRAN: COULD YOU TELL WHETHER OR NOT SOMEONE HAD TAKEN A BATH ALREADY FROM THAT WATER?
# 323 Q: DID YOU SEE MY CHILDREN'S TOYS IN AND AROUND THE BATHTUB?
# 325 Q: DO YOU RECALL LOOKING FOR THAT?
# 327 Q: ALL RIGHT. YOU JUST LOOKED AND SAW SOME WATER IN THERE AND THAT WAS PRETTY MUCH IT?
# 328 A: I WAS MORE WORRIED ABOUT HAVING A PERSON IN THERE THAN TOYS. I DIDN'T SEE ANY, NO.
KEY QUOTE # 329 Q: YOUR ANSWER IS YOU DIDN'T REALLY LOOK AND SEE?
# 331 Q: I UNDERSTAND. NOW, WITH REGARD TO THE MASTER BEDROOM THAT YOU HAVE DESCRIBED FOR US, THERE IS A MASTER BEDROOM AND A MASTER BATHROOM; IS THAT RIGHT?
# 333 Q: THE BATHTUB THAT WE HAVE BEEN TALKING ABOUT IS IN THE MASTER BEDROOM OR OFF FROM IT?
# 334 A: THE MASTER BATH.
# 335 Q: OKAY. NOW, WITH REGARD TO THIS BED, DID THE BED LOOK AS THOUGH SOMEBODY HAD BEEN IN THAT BED THAT NIGHT?
# 336 A: IT JUST -- THE COVERS WERE PILED IN THE MIDDLE. I COULDN'T TELL.
# 337 Q: IT WAS AN UNMADE BED; IS THAT CORRECT?
# 339 Q: WHEN YOU SAY THE COVERS WERE PILED IN THE MIDDLE, IT WASN'T AS THOUGH THE BED WAS MADE UP, IN OTHER WORDS, RIGHT?
# 341 Q: DID YOU MAKE ANY OTHER PHONE CALLS FROM INSIDE THE RESIDENCE AT THAT TIME?
# 343 Q: THEN DID YOU HAVE A THIRD TIME IN WHICH YOU WENT BACK INSIDE THE RESIDENCE?
# 345 Q: IS THAT WHEN YOU WENT UP ON THE LANDING? THE THIRD TIME WHEN YOU WENT BACK, WHEN WAS THAT?
# 346 A: THE THIRD TIME I WENT IN WITH DETECTIVE FUHRMAN AND PHILLIPS.
# 347 Q: IS THAT WHEN YOU WENT UP ON THE LANDING?
# 348 A: I WENT UP ON THE LANDING THE SECOND TIME I WAS IN THERE, TOO.
# 349 Q: OKAY. SO TWO TIMES YOU WENT ON THE LANDING?
# 351 MR. COCHRAN: THAT IS WHEN YOU MADE THE OBSERVATIONS. NOW, WITH REGARD TO THE TIME THAT EVERYONE ARRIVED THERE, I'M GOING TO SHOW YOU WHAT PURPORTS TO BE AN LAPD CRIME SCENE LOG WHICH PURPORTS TO HAVE THE TIME THAT VARIOUS INDIVIDUALS LOGGED INTO THE SCENE, AND I WANT TO SEE WHETHER OR NOT THIS WILL REFRESH YOUR RECOLLECTION REGARDING CERTAIN INDIVIDUALS. I WILL MARK THIS, IF THE COURT PLEASES, D-1006, YOUR HONOR, AND I WILL SHOW IT TO COUNSEL.
# 352 THE COURT: NOTED. 1006.
# 353 (DEFT'S 1006 FOR ID = 2-PAGE CRIME SCENE LOG) # 354 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 355 MR. COCHRAN: MAY I APPROACH, YOUR HONOR?
# 356 THE COURT: YOU MAY.
# 357 MR. COCHRAN: I WILL PLACE THIS BEFORE YOU. IT IS A TWO-PAGE DOCUMENT, YOUR HONOR, D-1006.
# 358 Q: NOW, OFFICER RISKE, LET'S FIRST OF ALL TAKE -- YOU AND YOUR PARTNER WERE THE FIRST TWO TO ARRIVE, RISKE AND TERRAZAS?
# 360 Q: HAS YOU ARRIVING AT ABOUT 12:20 AND LEAVING ABOUT 7:15. IS THAT GENERALLY ACCURATE?
# 361 A: THAT IS ACCURATE WHAT IT SAYS. THAT IS NOT ACCURATE WHAT HAPPENED.
KEY QUOTE # 362 Q: OKAY. DID YOU -- THAT IS WHAT IT SAYS IN THIS LOG, RIGHT?
# 364 Q: OKAY. BECAUSE YOU ACTUALLY ARRIVED AT 12:13, RIGHT?
# 366 Q: DO YOU KNOW WHO WAS KEEPING THIS LOG THAT NIGHT?
# 367 A: I BELIEVE IT WAS OFFICER CUMMINGS.
# 368 Q: OKAY. AND DID YOU -- DID YOU YOURSELF SIGN INTO THIS LOG THAT NIGHT?
# 369 A: NO. I DIDN'T SIGN. I DIDN'T SIGN IN.
# 370 Q: YOU NEVER SIGNED IN? ALL RIGHT. I WANT YOU TO LOOK DOWN. LET'S SEE IF WE CAN FIND -- PHILLIPS AND FUHRMAN WERE PARTNERS THAT NIGHT; IS THAT RIGHT?
# 372 Q: WHAT TIME DOES IT INDICATE THAT PHILLIPS AND FUHRMAN ARRIVED AT THE LOCATION?
# 374 Q: THAT WILL BE 2:10 IN THE MORNING?
# 376 Q: DOES THAT COMPORT WITH YOUR MEMORY THAT THEY WERE THERE SOMEWHERE AFTER TWO O'CLOCK IN THE MORNING HOURS?
# 377 A: YES, SIR. I DON'T KNOW HOW ACCURATE IT IS AGAIN. I DIDN'T FILL IT OUT.
# 378 Q: BUT THE LOG DOES SAY 2:10, RIGHT?
# 380 Q: THAT WAS OFFICER CUMMINGS' JOB; IS THAT CORRECT?
# 381 A: I BELIEVE SO, YES.
# 382 Q: HE ARRIVED AT THE SCENE WITHIN ABOUT TEN MINUTES OF THE TIME YOU ARRIVED; IS THAT RIGHT?
# 384 Q: ALL RIGHT. SO ONCE THEY ARRIVED AT 2:10, FUHRMAN AND PHILLIPS WERE THEN THE OFFICERS IN CHARGE; IS THAT CORRECT?
# 385 A: AFTER WE SHOWED THEM WHAT WE HAD, SHOWED THEM THE CRIME SCENE, YES.
# 386 Q: ALL RIGHT. BECAUSE THEY WERE THE HOMICIDE DETECTIVES; IS THAT RIGHT?
# 388 Q: ALL RIGHT. AND THEN IT IS TRUE, IS IT NOT, THAT DETECTIVES VANNATTER AND LANGE COME BEFORE YOU LEFT AT 7:15 OR 7:20 IN THE MORNING?
# 390 Q: AND WHEN VANNATTER AND LANGE CAME, THEY WERE THE ONES IN CHARGE BECAUSE THEY CAME FROM ROBBERY HOMICIDE DOWNTOWN; ISN'T THAT RIGHT?
# 392 Q: DO YOU KNOW ABOUT WHAT TIME THEY ARRIVED?
# 396 MR. COCHRAN: AGAIN, I WOULD LIKE TO APPROACH AGAIN, YOUR HONOR.
# 398 Q: BY MR. COCHRAN: I WILL ASK YOU TO TAKE A LOOK AT THE LOG AND SEE IF THIS MAY TEND TO REFRESH YOUR RECOLLECTION FOR VANNATTER.
# 399 MS. CLARK: YOUR HONOR, I'M GOING TO OBJECT. THERE IS NO FOUNDATION HERE. THERE IS NO DEMONSTRATION THAT THIS WITNESS --
# 400 THE COURT: OVERRULED. NO FOUNDATION? THAT IS THE OBJECTION, CORRECT? YOU CAN USE ANYTHING TO REFRESH RECOLLECTION.
# 401 MS. CLARK: I'M -- THAT IS NOT THE BASIS OF MY OBJECTION.