Cross-examination of Robert Riske (part 3)

📄 Cross-examination of Robert Riske (part 3) — Thursday, February 9, 1995

Address:

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

TRIAL

▲ Day 16 of 167

◀ Sidebar: refreshing recollection Cross-examination of Robert Riske (part 4) ▶

Witness: Off. Robert Riske
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, February 9, 1995 • Utterances: 134

Cochran cross-examines Riske about scene logistics — the arrival time of detectives Vannatter and Lange, distance estimates at Bundy, and an unidentified SID photographer working in the back alley around 3am. The most strategically significant exchange concerns the blood on the rear gate: Cochran establishes that no photographs of it were taken on June 13, 1994, planting the suggestion that the blood appeared later.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. COCHRAN, PROCEED.

# 3 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 4 Q:

I WANT YOU TO -- BY THE WAY, LET ME ASK YOU ONE OTHER QUESTION. YOU WERE PRESENT WHEN OFFICERS VANNATTER AND LANGE CAME; ISN'T THAT CORRECT?

# 5 A:

THAT'S CORRECT.

# 6 Q:

AND YOU KNEW THEY WERE FROM ROBBERY/HOMICIDE, DID YOU NOT?

# 7 A:

I WAS TOLD THEY WERE FROM ROBBERY/HOMICIDE.

# 8 Q:

OKAY. WHO TOLD YOU THAT?

# 9 A:

I BELIEVE BEFORE THEY GOT THERE FUHRMAN TOLD ME THEY WERE COMING TO TAKE OVER THE CASE.

# 10 Q:

ALL RIGHT. YOU KNEW FUHRMAN BEFORE THAT PARTICULAR EVENING? YOU WORKED IN THE SAME DIVISION WITH HIM, RIGHT?

# 11 A:

THAT'S CORRECT.

# 12 Q:

OKAY. SO WHAT I WANT YOU TO DO NOW IS TO TAKE A LOOK AT DEFENDANT'S 1006 FOR IDENTIFICATION AND I WANT TO ASK YOU WHETHER OR NOT A REVIEW OF THE TIMES LOGGED BY OFFICER CUMMINGS REFRESH YOUR RECOLLECTION OF THE APPROXIMATE TIMES THAT VANNATTER AND LANGE ARRIVED IN THE EARLY MORNING HOURS ON JUNE 13, 1994.

# 13 A:

I COULD TELL WHAT YOU TIME IT SAYS, BUT I WAS IN THE BACK WHEN THEY GOT THERE. I DON'T KNOW HOW LONG THEY WERE UP FRONT.

# 14 Q:

OKAY. WOULD I BE CORRECT IN -- WITHOUT TELLING US WHAT IT SAYS, WOULD YOU AGREE THAT THEY ARRIVED SOMETIME AFTER FOUR O'CLOCK IN THE MORNING?

# 15 A:

YES, SIR.

# 16 Q:

ALL RIGHT. AND AT THAT TIME, FROM THE TIME THEY ARRIVED AFTER FOUR O'CLOCK IN THE MORNING, THEY WERE THEN THE ONES IN CHARGE OF THIS INVESTIGATION; IS THAT CORRECT?

# 17 A:

AS FAR AS I KNOW, YES, SIR.

# 18 Q:

ALL RIGHT. NOW, YOU MENTIONED THAT YOU HAD HAD THIS CONVERSATION WITH DETECTIVE FUHRMAN AND YOU KNEW HIM BEFORE THAT NIGHT; IS THAT CORRECT?

# 19 A:

I HAD SEEN HIM. I DIDN'T KNOW HIM PERSONALLY.

# 20 Q:

YOU HAD NEVER BEEN ON A PARTICULAR HOMICIDE SCENE WHERE HE HAD BEEN THE INVESTIGATOR?

# 21 A:

NO.

# 22 Q:

HAD YOU EVER SPOKEN TO HIM BEFORE?

# 23 A:

JUST IN PASSING.

# 24 Q:

WHEN YOU WERE INSIDE THE RESIDENCE AT SOME POINT, YOU AND FUHRMAN WERE INSIDE THE RESIDENCE, WEREN'T YOU, TALKING?

# 25 A:

YES.

# 26 Q:

IN FACT, YOU WERE IN THE BACK TALKING, WHERE THE ICE CREAM WAS?

# 27 A:

NO, WE WERE IN THE KITCHEN.

# 28 Q:

THE KITCHEN IS NOT TOO FAR FROM WHERE THE ICE CREAM WAS ON THE LANDING?

# 29 A:

FIFTY FEET MAYBE.

# 30 Q:

ABOUT FIFTY FEET, BUT AT SOME POINT THE TWO OF YOU WERE BACK BY THE ICE CREAM?

# 31 A:

JUST WHEN WE ENTERED THE RESIDENCE TOGETHER.

# 32 Q:

WHEN YOU CAME BACK IN THE BACK WAY?

# 33 A:

RIGHT.

# 34 Q:

WHEN YOU WERE IN THERE TALKING DID THE SUBJECT MATTER OF O.J. SIMPSON COME UP IN THE CONVERSATION?

# 35 A:

NO.

# 36 Q:

THE TWO OF YOU NEVER DISCUSSED THAT?

# 37 A:

NO, WE DIDN'T.

# 38 Q:

AT THAT TIME? NOW, AT ANY TIME, WHILE YOU WERE INSIDE, IN ANY OF THE THREE TIMES THAT YOU WERE INSIDE THIS LOCATION, DID YOU EVER AT ANY TIME SEE THIS PHOTOGRAPHER INSIDE THE LOCATION?

# 39 A:

NO, I DIDN'T.

# 40 Q:

NEVER SAW HIM TAKE ANY PICTURES, DID YOU?

# 41 A:

NOT INSIDE, NO.

# 42 Q:

NOW, WITH REGARD TO THIS CRIME SCENE, WITHOUT PUTTING THE PHOTOGRAPHS BACK UP, FROM THE SIDEWALK TO WHERE MISS NICOLE BROWN SIMPSON'S BODY WAS LOCATED, WOULD YOU AGREE THAT THAT WAS APPROXIMATELY TEN TO TWELVE FEET, IN THAT GENERAL AREA?

# 43 A:

IT SEEMS LIKE IT WOULD BE A LITTLE FARTHER.

# 44 Q:

ALL RIGHT. WELL, GIVE US YOUR BEST ESTIMATE.

# 45 A:

FIFTEEN, TWENTY FEET.

# 46 Q:

YOU PLACE IT SOMEWHERE FIFTEEN TO TWENTY FEET?

# 47 A:

YES, SIR.

# 48 Q:

FROM THE SIDEWALK TO WHERE SHE WAS LOCATED; IS THAT CORRECT?

# 49 A:

YES.

# 50 Q:

AND FROM THE FRONT OF THAT PROPERTY, SIR, TO THE BACK, ALL THE WAY TO THAT BACK GATE, CAN YOU GIVE US AN ESTIMATE OF HOW MANY FEET THAT WOULD BE?

# 51 A:

I WOULD ONLY BE GUESSING. I DON'T KNOW.

# 52 Q:

NOW, YOU HAD WALKED -- YOU TOLD US HOW MANY TIMES YOU WALKED THERE AND WE WANT TO GET YOUR BEST ESTIMATE, NOT A GUESS, YOUR BEST ESTIMATE, SIR.

# 53 A:

130 FEET, 140 FEET.

# 54 Q:

ALL RIGHT. IF I WERE TO TELL YOU THAT IT WAS MORE LIKE ABOUT 160 FEET, WOULD YOU AGREE WITH THAT?

# 55 A:

I DON'T KNOW. I DIDN'T PACE IT OFF. I DON'T KNOW.

# 56 Q:

ALL RIGHT. SO LET'S ASSUME IT IS 150 TO 160 FEET.

# 57 MS. CLARK:

OBJECTION. THERE IS NO -- ASSUMES FACTS NOT IN EVIDENCE. NO FOUNDATION.

# 58 MR. COCHRAN:

I ASKED HIM TO ASSUME THAT.

# 59 THE COURT:

OVERRULED. IT IS A HYPOTHETICAL QUESTION.

# 60 MS. CLARK:

BUT YOU HAVE TO BE --

# 61 THE COURT:

HOLD ON. I THINK WE NEED A LITTLE FROM WHERE TO WHERE? THE SIDEWALK TO THE MID-ALLEY? WHERE IS THE PROPERTY LINE? WHAT ARE WE TALKING ABOUT HERE?

# 62 MR. COCHRAN:

CERTAINLY, YOUR HONOR.

# 63 Q:

ASSUME FROM THAT FRONT GATE NEAR WHERE THE BODY WAS FOUND, THE FEMALE BODY WAS FOUND, TO THE REAR GATE, THAT IS THE DISTANCE WE ARE TALKING ABOUT, YOU WOULD PUT THAT IN THE AREA OF YOU SAID 130, 140 FEET, SOMETHING LIKE THAT?

# 64 A:

THAT SEEMS A LITTLE LONG, BUT IF YOU SAY SO.

KEY QUOTE

# 65 Q:

I WANT YOUR BEST ESTIMATE.

# 66 A:

FROM THE GATE TO GATE I WOULD ESTIMATE 120 MAYBE.

# 67 Q:

120 FEET? ALL RIGHT. AS I UNDERSTAND -- I UNDERSTAND THAT IS JUST AN ESTIMATE. IN THAT AREA, AT LEAST IN THE FRONT PART OF THE GATE, THERE WAS A LOT OF BLOOD FLOWING DOWN TOWARD BUNDY; IS THAT CORRECT?

# 68 A:

THAT'S CORRECT.

# 69 Q:

THERE WAS A LOT OF BLOOD THERE, WOULD YOU AGREE?

# 70 A:

YES.

# 71 Q:

OKAY. AS WE HAVE SEEN IN THE PICTURES. AND GOING BACK TOWARD THE BACK GATE AND WHAT YOU CALL 120 FEET, DO I UNDERSTAND THAT WHAT YOU FOUND WAS FOUR BLOOD DROPS IN THIS 120 FEET; IS THAT CORRECT WITH ONE BLOOD DROP OUT IN THE ALLEYWAY?

# 72 A:

I DIDN'T COUNT THEM. I DON'T KNOW.

# 73 Q:

TODAY YOU DON'T KNOW HOW MANY THERE WERE ALTOGETHER?

# 74 A:

I DIDN'T COUNT THEM. I DON'T KNOW.

# 75 Q:

YOU DON'T KNOW HOW MANY THERE WERE?

# 76 A:

NO.

# 77 Q:

ALL RIGHT. WHATEVER NUMBER YOU HAD, THERE WAS A CERTAIN NUMBER INSIDE THE GATE AND A CERTAIN NUMBER OUTSIDE THE GATE, CORRECT?

# 78 A:

THAT'S CORRECT.

# 79 Q:

NOW, WHEN YOU SAW THIS PHOTOGRAPHER IN THE BACKYARD, IN THE BACK AREA THERE IN THE ALLEYWAY, TAKING PICTURES, IT WAS STILL DARK OUTSIDE AT THAT POINT; IS THAT CORRECT?

# 80 A:

RIGHT.

# 81 Q:

DO YOU KNOW WHAT TIME THE PHOTOGRAPHER ARRIVED THERE?

# 82 A:

NO, I DON'T.

# 83 Q:

YOU HAVE NO IDEA?

# 84 A:

NO, I DON'T.

# 85 Q:

YOU DON'T KNOW HIS NAME EITHER?

# 86 A:

NO, I DON'T.

# 87 Q:

WHEN YOU SAW HIM IN THE BACK ALLEYWAY, WHAT WAS HE TAKING PICTURES OF?

# 88 A:

WHEN I FIRST SAW HIM HE WAS TAKING A PICTURE NORTH FROM DOROTHY, NORTH THROUGH THE ALLEY. I SAW HIM TAKE A COUPLE PICTURES OF THE REAR OF THE RESIDENCE. HE TOOK A COUPLE PICTURES OF THE VEHICLES, I BELIEVE.

# 89 MR. COCHRAN:

ALL RIGHT. IF I COULD APPROACH AGAIN.

# 90 THE COURT:

YES.

# 91 Q:

BY MR. COCHRAN: LET'S SEE IF WE CAN LOOK AT THIS TOGETHER AND FIGURE OUT WHICH ONE IS THE PHOTOGRAPHER. OVER HERE WHERE IT SAYS "SID PHOTOS," WOULD THAT BE A SITUATION THAT IS PROBABLY THE PHOTOGRAPHER?

# 92 A:

YES, SIR.

# 93 Q:

WHAT DOES IT SHOW HIS NAME AS?

# 94 MS. CLARK:

OBJECTION, YOUR HONOR.

# 95 THE COURT:

THAT IS HEARSAY. HE CAN READ IT TO HIM TO SEE IF IT REFRESHES --

# 96 Q:

BY MR. COCHRAN: OKAY. READ THIS TO YOURSELF AND TELL ME WHETHER OR NOT THIS REFRESHES YOUR RECOLLECTION OF THE NAME OF THE PHOTOGRAPHER FROM SID?

# 97 A:

I NEVER KNEW HIS NAME. I DON'T KNOW.

# 98 Q:

THIS DOESN'T REFRESH YOUR RECOLLECTION?

# 99 A:

NO.

# 100 Q:

DO YOU REMEMBER THAT HE HAD ARRIVED THERE -- ABOUT WHAT TIME HE ARRIVED THERE?

# 101 A:

NO, I DON'T.

# 102 Q:

WHAT TIME WAS IT THAT YOU SAW HIM IN THE REAR OF THE LOCATION, SIR?

# 103 A:

IT WAS AFTER I HAD SHOWN FUHRMAN AND PHILLIPS THE HOUSE AND CAME BACK OUT.

# 104 Q:

AND WHAT TIME WOULD THAT BE?

# 105 A:

SOMETIME AROUND 3:00.

# 106 Q:

AROUND THREE O'CLOCK IN THE MORNING?

# 107 A:

I BELIEVE. I'M NOT POSITIVE.

# 108 Q:

AGAIN, THAT IS YOUR BEST ESTIMATE, AROUND THREE O'CLOCK IN THE MORNING, AND THAT IS WHEN YOU SAW HIM TAKING THESE PICTURES IN THE REAR; IS THAT CORRECT?

# 109 A:

THAT'S CORRECT.

# 110 Q:

NOW, YOU POINTED OUT IN THE COURSE OF YOUR DIRECT EXAMINATION THAT YOU UNDERSTOOD IT WAS VERY IMPORTANT NOT TO TRAIPSE THROUGH AND TRACK THROUGH THIS PARTICULAR CRIME SCENE; IS THAT CORRECT?

# 111 A:

THAT'S CORRECT.

# 112 Q:

AND YOU DESCRIBED FOR US ON MANY, MANY, MANY, MANY OCCASIONS DURING MISS CLARK'S DIRECT EXAMINATION THE GREAT PAINS YOU TOOK NOT TO WALK THROUGH THIS BLOOD OR ANY SO-CALLED FOOTPRINTS, RIGHT?

# 113 A:

THAT'S CORRECT.

# 114 Q:

AND BECAUSE YOU KNEW IT WAS VERY IMPORTANT TO TRY AND PRESERVE THE INTEGRITY OF THE EVIDENCE; IS THAT CORRECT?

# 115 A:

THAT'S CORRECT.

# 116 Q:

YOU KNEW THAT EITHER THE DETECTIVES OR SOMEONE UNDER THE DIRECTION OF THE DETECTIVE, A CRIMINALIST, WOULD COME OUT AND TRY TO MARK THESE VARIOUS EXHIBITS; IS THAT CORRECT?

# 117 A:

RIGHT.

# 118 Q:

IN FACT YOU ALSO DESCRIBED FOR US THAT AT SOME POINT YOU SAW SOME BLOOD ON THE REAR GATE OF THE LOCATION THERE?

# 119 A:

CORRECT.

# 120 Q:

YOU DESCRIBED FOR US -- REMEMBER THAT?

# 121 A:

YES.

# 122 Q:

BY THE WAY, YOU NEVER AT ANY TIME EVER SAW THE PHOTOGRAPHER TAKING ANY PICTURES OF THE BLOOD WHICH YOU CLAIM YOU SAW ON THAT REAR GATE, DID YOU?

KEY QUOTE

# 123 A:

NO, I DIDN'T.

# 124 Q:

ARE YOU AWARE THAT THE FIRST PICTURES TAKEN OF THAT BLOOD ON JUNE --

# 125 MS. CLARK:

OBJECTION. ASSUMES FACTS NOT IN EVIDENCE.

# 126 THE COURT:

SUSTAINED, SUSTAINED.

# 127 MR. COCHRAN:

LET ME PHRASE IT THIS WAY, YOUR HONOR:

# 128 Q:

WERE YOU AWARE OF WHETHER OR NOT ANY PHOTOGRAPHS WERE EVER TAKEN ON JUNE 13, 1994, OF THIS BLOOD THAT WAS SUPPOSEDLY ON THAT REAR GATE ON THAT DATE?

# 129 A:

NO, SIR.

# 130 Q:

DO YOU KNOW WHAT DATE THEY GOT BACK OUT THERE TO TAKE THOSE PHOTOGRAPHS?

KEY QUOTE

# 131 A:

NO, I DON'T.

# 132 Q:

IF EVER?

# 133 MS. CLARK:

OBJECTION. THAT ASSUMPTION FACTS NOT IN EVIDENCE.

# 134 THE COURT:

OVERRULED.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

BY THE WAY, YOU NEVER AT ANY TIME EVER SAW THE PHOTOGRAPHER TAKING ANY PICTURES OF THE BLOOD WHICH YOU CLAIM YOU SAW ON THAT REAR GATE, DID YOU?

Core defense attack on the rear gate blood — Cochran uses Riske's own testimony to establish a photography gap, implying the blood may not have been there originally.

Johnnie Cochran

DO YOU KNOW WHAT DATE THEY GOT BACK OUT THERE TO TAKE THOSE PHOTOGRAPHS? ... IF EVER?

The 'if ever' is the rhetorical dagger — the overruled objection lets it stand before the jury, suggesting the blood was never documented on June 13th.

Robert Riske

NO, WE DIDN'T. [discussing whether OJ Simpson came up in his conversation with Fuhrman]

Cochran is probing whether Fuhrman's knowledge of OJ Simpson may have influenced his behavior at the scene before Vannatter and Lange arrived.

Robert Riske

THAT SEEMS A LITTLE LONG, BUT IF YOU SAY SO.

Riske's hedging on distance estimates undermines precision of his scene observations generally.

Evidence (4)

Defendant's 1006

Officer Cummings' time log, used to establish when Vannatter and Lange arrived at the scene

shown to witness to refresh recollection; witness confirms arrival after 4am but notes he was in the back when they arrived

Informal

SID photographer log identifying the unidentified back-alley photographer

shown to witness; did not refresh recollection of name; name excluded as hearsay

Informal

Blood on the rear gate at Bundy

challenged — Cochran establishes no photographs were taken of it on June 13, 1994

Informal

Blood drops along path from front to rear gate

discussed; Riske states he did not count them and does not know the total number

Notable Exchanges (3)

Johnnie Cochran•Robert Riske

Cochran presses Riske on whether he and Fuhrman discussed OJ Simpson while alone inside the residence. Riske flatly denies it twice.

strategic

Johnnie Cochran•Robert Riske

Extended back-and-forth on distance estimates — front gate to rear gate — with Riske giving uncertain figures (120–140 feet) and Cochran suggesting ~160 feet. Riske eventually concedes he didn't pace it off.

probing

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark objects twice to questions about the rear gate blood photos as assuming facts not in evidence. The first is sustained; the second ('if ever?') is overruled, letting the implication stand.

heated

Credibility Attacks (2)

⚔ Robert Riske

prior inconsistent/uncertain testimony

Cochran exposes that Riske cannot reliably estimate distances at the scene, didn't count blood drops, doesn't know the photographer's name or arrival time, and was in the back when Vannatter and Lange arrived — undermining his credibility as the first officer to carefully observe the scene.

⚔ LAPD evidence collection (institutional)

omission / suggestive questioning

Cochran establishes through Riske that no photographs of the rear gate blood were taken on June 13, 1994, and that Riske doesn't know if they were ever taken — laying the groundwork for the defense argument that the rear gate blood was collected or planted at a later date.

Objections

4 objections (2 sustained, 2 overruled)

Proceeding 4783 • 134 utterances • Prosecution witness

Criminal Trial

Department 103