Cross-examination of Robert Riske (part 5)

📄 Cross-examination of Robert Riske (part 5) — Thursday, February 9, 1995

Address:

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

TRIAL

▲ Day 16 of 167

◀ Evidentiary hearing: videotape admissibility Recess ▶

Witness: Off. Robert Riske
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, February 9, 1995 • Utterances: 168

Cochran cross-examines Officer Riske using crime scene photographs to establish that no officers wore protective booties or gloves at the Bundy scene, and that Detective Fuhrman walked in the evidence area without protective gear. The most damaging moment comes at the end when Cochran shows Riske two photographs (P-54 and P-56) in which an envelope appears on opposite sides of the tile grouting — Riske cannot explain how it moved.

# 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. THE RECORD SHOULD REFLECT THAT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. MR. COCHRAN, YOU MAY PROCEED.

# 3 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. I WOULD LIKE TO SHOW OFFICER RISKE A PHOTOGRAPH WHICH WE WERE GOING TO MARK I GUESS AS DEFENDANT'S NEXT IN ORDER, YOUR HONOR. IS THIS D-1 --

# 4 THE COURT:

1011.

# 5 MR. COCHRAN:

D-1011.

# 6 (DEFT'S 1011 FOR ID = PHOTOGRAPH)

# 7 Q:

BY MR. COCHRAN: NOW, OFFICER RISKE, DO YOU RECOGNIZE THAT AS THE CRIME SCENE THERE AT BUNDY?

# 8 A:

YES, SIR.

# 9 Q:

AND DO YOU RECOGNIZE THE UNIFORM ON THAT MAN WHO IS WALKING IN THE CRIME SCENE AREA?

# 10 A:

IT LOOKS LIKE AN LAPD UNIFORM.

# 11 Q:

AND DO YOU RECOGNIZE OR FROM THAT VANTAGE POINT ARE YOU ABLE TO RECOGNIZE WHO THAT PARTICULAR POLICE OFFICER IS?

# 12 A:

NO.

# 13 Q:

OF THE NAMES THAT YOU GAVE ME EARLIER, WERE THEY ALL MALE OFFICERS?

# 14 A:

YES.

# 15 Q:

AND OF THAT NUMBER ARE THERE ANY WHO ARE PARTICULARLY BUFF OR WHO WORK OUT REGULARLY?

# 16 MS. CLARK:

YOUR HONOR, MAY WE APPROACH?

# 17 THE COURT:

OVERRULED. NO, NOT AT THIS POINT.

# 18 OFF. ROBERT RISKE:

YES.

# 19 Q:

BY MR. COCHRAN: TELL US WHICH ONES WHO WERE IN UNIFORM OUT THERE THAT DAY WHO WORK OUT OR WHO WERE PARTICULARLY BUFF, THE MALES?

# 20 A:

OFFICER MC GOWAN, BUT HE IS BLACK.

# 21 Q:

IT IS PROBABLY NOT HIM.

# 22 THE COURT:

ARE WE ACCOUNTING FOR BODILY ARMOR IN THIS ONE AS WELL?

KEY QUOTE

# 23 MR. COCHRAN:

I CAN ASK THAT QUESTION, YOUR HONOR?

# 24 OFF. ROBERT RISKE:

OFFICER GLORIOSO, HE WORKS OUT.

# 25 Q:

BY MR. COCHRAN: GLORIOSO?

# 26 A:

YES, SIR. AS FAR AS I CAN RECALL, THAT IS ABOUT IT.

# 27 Q:

WOULD IT BE HELPFUL TO SEE THE LIST?

# 28 A:

I KNOW WHO WAS THERE. I JUST --

# 29 Q:

YOU CAN'T TELL US THE NAME OF THIS PARTICULAR OFFICER?

# 30 A:

NO, SIR.

# 31 Q:

FROM THAT VANTAGE POINT?

# 32 A:

NO.

# 33 Q:

NOW --

# 34 THE COURT:

THANK YOU, MR. HARRIS.

# 35 Q:

BY MR. COCHRAN: THE DETECTIVES WERE DRESSED IN PLAIN CLOTHES, WERE THEY?

# 36 A:

YES.

# 37 Q:

IN FACT, ON ONE OF THE PHOTOGRAPHS THAT YOU WERE ASKED TO LOOK AT THIS MORNING, WE HAVE A PHOTOGRAPH OF DETECTIVE FUHRMAN, AND DID YOU SEE HIM AND HOW HE WAS ABLE TO ACCESS THE AREA WHERE HE WAS LOOKING FOR THE KNIT CAP, WHERE HE WAS POINTING DOWN TOWARDS IT? DID YOU SEE HIM ACCESS THAT AREA?

# 38 A:

YES, I DID.

# 39 Q:

DID HE HAVE ANY BOOTIES OR ANYTHING ON HIS SHOES AT THE TIME HE WAS WALKING IN THAT AREA?

# 40 A:

NO, HE DIDN'T.

# 41 Q:

WERE ANY OF THE OFFICERS WEARING ANY BOOTIES ON THEIR SHOES AT ALL THAT MORNING?

# 42 A:

NO.

# 43 Q:

WERE ANY OF THE OFFICERS AT ALL USING GLOVES THAT MORNING WHEN THEY WERE OUT THERE?

KEY QUOTE

# 44 A:

NOT THAT I RECALL, NO.

KEY QUOTE

# 45 Q:

WHILE I AM LOOKING FOR A PHOTOGRAPH HERE, DESCRIBE FOR THE COURT AND JURY, IF YOU WOULD, SIR -- THE AREA WHERE MR. GOLDMAN'S BODY WAS FOUND IS A RATHER SMALL AREA, IS IT NOT?

# 46 A:

THAT'S CORRECT.

# 47 Q:

AND IN THAT AREA THERE IS SOME SHRUBBERY?

# 48 A:

YES.

# 49 Q:

AND IT IS KIND OF AN AREA THAT IS TOTALLY ENCLOSED, IS IT NOT?

# 50 A:

THAT'S CORRECT.

# 51 Q:

CAN YOU GIVE US THE DIMENSIONS OF THAT AREA WHERE HIS BODY WAS FOUND?

# 52 A:

I WOULD ESTIMATE 6-BY-6, 10-BY-6. I'M NOT SURE.

# 53 Q:

10-BY-6?

# 54 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 55 MR. COCHRAN:

I AM ADVISED THAT THE PHOTOGRAPH THAT I AM LOOKING FOR, YOUR HONOR, IS NO. 55, WHICH PROBABLY THE SWITCH SHOULD BE CUT ON.

# 56 THE COURT:

ALL RIGHT.

# 57 Q:

BY MR. COCHRAN: BEFORE WE DO THAT, HOWEVER, LET ME GET BACK TO THIS AREA WHERE MR. GOLDMAN'S BODY WAS FOUND. WHAT WERE THE DIMENSIONS OF THAT AREA?

# 58 A:

I WOULD GUESS BETWEEN 6-BY-6 AND 10-BY-6. I'M NOT SURE.

# 59 Q:

AND IF TWO MEN IN THE APPROXIMATE AREA OF 5-10, 175, WERE IN THAT PARTICULAR AREA, THEY WOULD PRETTY MUCH COVER THAT AREA? IS THAT A FAIR STATEMENT, IF THEY WERE STANDING UPRIGHT IN THAT AREA?

# 60 A:

COVER IT?

# 61 Q:

YES, OR THEY WOULD BE -- IT WOULD BE PRETTY CROWDED IN THERE, WOULD IT NOT?

# 62 A:

POSSIBLY, YES.

# 63 Q:

DID YOU STEP IN THAT AREA AT ALL?

# 64 A:

NO, I DIDN'T.

# 65 Q:

YOU WERE ON THE OTHER SIDE OF THE FENCE; IS THAT RIGHT?

# 66 A:

ON THE OUTSIDE OF THE FENCE.

# 67 MR. COCHRAN:

ALL RIGHT. MAY WE SEE --

# 68 THE COURT:

55.

# 69 MR. COCHRAN:

-- PEOPLE'S 55 FOR IDENTIFICATION. CUT THE FEED, YOUR HONOR?

# 70 THE COURT:

YES.

# 71 MR. FAIRTLOUGH:

YOUR HONOR, IF WE MAY HAVE A MOMENT, WE HAVE SOME SLIGHT CONFUSION AS TO WHICH.

# 72 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. COCHRAN, MR. DOUGLAS AND MR. FAIRTLOUGH.)

# 73 MR. COCHRAN:

MAY WE HAVE JUST A SECOND, YOUR HONOR?

# 74 THE COURT:

CERTAINLY.

# 75 (BRIEF PAUSE.)

# 76 MR. COCHRAN:

YOUR HONOR, I WANT TO CUT THE FEED. I WANT TO PLACE THIS EXHIBIT -- I WILL HAVE TO GET THE NUMBER -- ON THE BOARD. MADAM CLERK, WHAT NUMBER IS THIS, DO YOU REMEMBER, 875 SOUTH BUNDY?

# 77 THE CLERK:

54.

# 78 THE COURT:

P-54.

# 79 MR. COCHRAN:

I WILL PLACE IT UP HERE.

# 80 Q:

SO WITH REGARD TO P-54 FOR IDENTIFICATION, THE AREA THAT YOU HAVE DESCRIBED AS 10-BY-6 OR SMALLER, WAS THE AREA WHERE MR. GOLDMAN'S BODY WAS FOUND; IS THAT CORRECT?

# 81 A:

THAT'S CORRECT.

# 82 Q:

SO IT IS BOUNDED BY A FENCE ON AT LEAST TWO SIDES; IS THAT CORRECT?

# 83 A:

YES.

# 84 Q:

AND IS THERE A TREE OR SOMETHING TO THE LEFT OF WHERE THE BODY IS FOUND THERE?

# 85 A:

I BELIEVE HE IS LEANING AGAINST A TREE, YES.

# 86 Q:

ALL RIGHT. DO YOU REMEMBER HOW BIG THAT TREE WAS OR IS?

# 87 A:

NO, I DON'T.

# 88 Q:

NOW, WITH REGARD TO THIS PARTICULAR EXHIBIT HERE, WAS ANY OF THIS EVIDENCE MOVED WHILE YOU WERE THERE?

# 89 A:

NO.

# 90 Q:

THIS ENVELOPE OR ANY OF THESE ITEMS MOVED?

# 91 A:

NO.

# 92 Q:

WHILE YOU WERE THERE IT WAS NOT MOVED, AS FAR AS YOU KNOW?

# 93 A:

IT WAS NOT MOVED.

# 94 Q:

IT WAS NOT MOVED AT ALL? ALL RIGHT. LET'S SEE P-55. KEEP THE FEED CUT, YOUR HONOR.

# 95 (BRIEF PAUSE.)

# 96 MR. FAIRTLOUGH:

YOUR HONOR, YOU SHOULD CUT THE FEED FOR THIS PHOTO.

# 97 MR. COCHRAN:

YES.

# 98 Q:

NOW, CAN YOU SEE THAT ON YOUR MONITOR?

# 99 A:

YES, SIR.

# 100 Q:

IS THAT DETECTIVE FUHRMAN?

# 101 A:

YES, SIR.

# 102 Q:

AND THE ITEMS THAT HE IS POINTING TOWARD, WERE THEY OBSCURED FROM VIEW UNDER THE -- UNDER THE PLANT MATERIAL, PLANT FOLIAGE AREA THAT WE SEE?

# 103 A:

PARTIALLY, YES.

# 104 MR. COCHRAN:

THANK YOU FOR MAKING IT CLEARER.

# 105 Q:

AND HE IS IN THAT PHOTOGRAPH STANDING OVER IN THE DIRT AREA TO HIS LEFT IS WHERE MR. GOLDMAN'S BODY WAS FOUND?

# 106 A:

THAT'S CORRECT.

# 107 Q:

WERE YOU STILL AT THE SCENE WHEN THIS PHOTOGRAPH WAS TAKEN?

# 108 A:

YES, I WAS.

# 109 Q:

WAS THIS AFTER YOU HAD BEEN UP ON THE LANDING AND YOU SHOWED THE DETECTIVES THE VARIOUS ITEMS THAT YOU HAD SEEN EARLIER?

# 110 A:

THIS IS AFTER THEY RETURNED FROM ROCKINGHAM.

# 111 Q:

ALL RIGHT. YOU WERE STILL THERE?

# 112 A:

YES.

# 113 Q:

AND SO THIS WOULD BE WHAT TIME OF THE MORNING?

# 114 A:

WHATEVER TIME THEY GOT BACK. I DON'T KNOW.

# 115 Q:

ALL RIGHT.

# 116 A:

6 -- 6:45, I DON'T KNOW.

# 117 Q:

6:45?

# 118 A:

I REALLY DON'T KNOW.

# 119 Q:

ALL RIGHT. AFTER THEY RETURNED FROM ROCKINGHAM; AT ANY RATE?

# 120 A:

RIGHT.

# 121 Q:

AND THAT IS DETECTIVE FUHRMAN'S SHOE IN THAT PHOTOGRAPH?

# 122 A:

THAT'S CORRECT.

# 123 Q:

DID YOU SEE THE PHOTOGRAPHER TAKE THIS PICTURE?

# 124 A:

YES, I DID.

# 125 Q:

AND WHERE WAS HE STANDING WHEN HE TOOK THE PICTURE, THE PHOTOGRAPHER?

# 126 A:

I BELIEVE HE WAS STANDING ON THE STEPS UP TO THE LANDING, EITHER THAT OR ON THE LANDING ITSELF. I'M NOT QUITE SURE.

# 127 Q:

ABOVE WHERE THE BODY WAS?

# 128 A:

RIGHT.

# 129 Q:

HE WAS SOMEWHERE BEHIND THIS PARTICULAR DETECTIVE AT THE TIME HE TOOK THIS PHOTOGRAPH?

# 130 A:

RIGHT.

# 131 Q:

IS THAT CORRECT?

# 132 A:

THAT'S CORRECT.

# 133 Q:

NOW, WITH REGARD TO THIS PHOTOGRAPH HERE, THIS IS PEOPLE'S -- 875 SOUTH BUNDY -- PEOPLE'S 54, AND I GUESS THIS IS THE SECOND PHOTOGRAPH, YOUR HONOR, ON THE LEFT IN THE MIDDLE, THERE IS A SHOE IN THIS PHOTOGRAPH ALSO, SOME OFFICER'S SHOE THAT HAVE BEEN COVERED IN AND ABOUT THE SCENE THERE. WHOSE SHOE IS THAT, DO YOU RECOLLECT?

# 134 A:

I HAVE NO IDEA.

# 135 Q:

DID YOU SEE THIS PHOTOGRAPH BEING TAKEN?

# 136 A:

NO, I DIDN'T.

# 137 Q:

THAT IS NOT YOUR SHOE, IS IT?

# 138 A:

NO, IT ISN'T.

# 139 MR. COCHRAN:

MAY I HAVE JUST A SECOND MORE, YOUR HONOR?

# 140 THE COURT:

CERTAINLY.

# 141 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 142 MR. COCHRAN:

I WILL FIND ONE ON THE BOARD.

# 143 THE COURT:

I'M SORRY?

# 144 MR. COCHRAN:

I WILL FIND ONE ON THE BOARD, THANK YOU.

# 145 (BRIEF PAUSE.)

# 146 MR. COCHRAN:

MADAM CLERK --

# 147 THE COURT:

I THINK WE ARE ABOUT TO LOSE THE EASEL.

# 148 MR. COCHRAN:

IT SEEMS THAT WAY, YOUR HONOR. I WILL HOLD IT. MADAM CLERK, THE EVIDENCE FOUND AT BUNDY?

# 149 MS. CLARK:

NO, THAT HASN'T BEEN MARKED YET, I DON'T THINK.

# 150 MR. COCHRAN:

WHAT WILL BE YOUR NEXT ONE?

# 151 THE COURT:

DO YOU WANT TO MARK THAT AS PEOPLE'S NEXT IN ORDER?

# 152 MR. COCHRAN:

YES. I THINK IT IS AN PEOPLE'S EXHIBIT, YOUR HONOR.

# 153 THE COURT:

PEOPLE'S 56.

# 154 (PEO'S 56 FOR ID = POSTERBOARD W/PHOTOS)

# 155 MR. COCHRAN:

PEOPLE'S 56. THIS IS PEOPLE'S 56, THE EVIDENCE FOUND AT BUNDY.

# 156 Q:

I WANT YOU TO TAKE A LOOK, IF YOU WILL, AT THE ENVELOPE IN THESE TWO DIFFERENT PHOTOGRAPHS, PEOPLE'S 54 AND PEOPLE'S 56. FIRST OF ALL, I WANT YOU TO LOOK AT WHAT HAS BEEN MARKED 104 IN PEOPLE'S 556. DO YOU SEE THE ENVELOPE HERE?

# 157 A:

YES, SIR.

# 158 Q:

DO YOU SEE WHERE THE GROUTING ON THE ENVELOPE -- THE ENVELOPE IS ACROSS THE GROUTING? DO YOU SEE THAT?

# 159 A:

YES, I DO.

# 160 Q:

LOOK AT PEOPLE'S 54, I BELIEVE. DO YOU SEE THE GROUTING HERE?

# 161 A:

YES, SIR.

# 162 Q:

THE ENVELOPE IS ON THE OTHER SIDE OF THE GROUTING?

# 163 A:

YES.

# 164 Q:

CAN YOU EXPLAIN HOW THAT ENVELOPE GOT MOVED?

KEY QUOTE

# 165 A:

NO.

# 166 Q:

YOU CAN'T?

# 167 A:

NO.

# 168 MR. COCHRAN:

ALSO -- THERE IS ONE OTHER PHOTOGRAPH I NEED, YOUR HONOR, IF I MIGHT.

Temperature

tense

Key Quotes (5)

Johnnie Cochran

WERE ANY OF THE OFFICERS AT ALL USING GLOVES THAT MORNING WHEN THEY WERE OUT THERE?

Establishes that officers handled the scene with no protective gear, undermining chain of custody and raising contamination concerns

Officer Riske

NOT THAT I RECALL, NO.

Concedes no gloves were worn by any officer at the crime scene

Johnnie Cochran

CAN YOU EXPLAIN HOW THAT ENVELOPE GOT MOVED?

The climactic question — the envelope's position relative to tile grouting differs between two crime scene photographs, implying evidence was disturbed

Officer Riske

NO.

Riske cannot account for the envelope's apparent movement between photographs, leaving the implication of evidence tampering unanswered

Lance A. Ito

ARE WE ACCOUNTING FOR BODILY ARMOR IN THIS ONE AS WELL?

Judge interjects with a dry aside while Cochran tries to identify a 'buff' officer in a photo — rare moment of levity

Evidence (4)

Defense 1011

Photograph of Bundy crime scene showing an unidentified officer walking in the scene area

introduced and discussed — Cochran attempts to identify the officer by build

People's 54

Photograph of 875 South Bundy showing crime scene, including an envelope and tile grouting

discussed — used to show envelope position relative to grouting

People's 55

Photograph of Detective Fuhrman pointing toward evidence near Goldman's body, showing his shoe in the dirt

discussed — used to show Fuhrman in the evidence area without booties

People's 56

Posterboard with crime scene photographs showing evidence found at Bundy, including envelope item 104

introduced — compared against P-54 to show envelope moved between photographs

Notable Exchanges (3)

Johnnie Cochran•Officer Riske

Cochran methodically establishes that no officers at the Bundy scene wore booties or gloves, including Fuhrman who walked in the dirt near Goldman's body

strategic

Johnnie Cochran•Officer Riske

Cochran compares P-54 and P-56 to show an envelope at item 104 appears on opposite sides of tile grouting in the two photos; Riske cannot explain the discrepancy

devastating

Johnnie Cochran•Officer Riske

Cochran asks Riske to identify which officers at the scene were 'particularly buff' in order to identify an unidentified officer walking through the crime scene in D-1011

strategic

Light Moments (2)

Lance A. Ito

While Cochran tries to identify a 'buff' officer in a crime scene photo, Judge Ito deadpans: 'ARE WE ACCOUNTING FOR BODILY ARMOR IN THIS ONE AS WELL?'

Lance A. Ito

The courtroom easel nearly collapses while Cochran is using it; Ito notes 'I THINK WE ARE ABOUT TO LOSE THE EASEL' and Cochran offers to hold it

Credibility Attacks (3)

⚔ LAPD crime scene officers

admission of improper procedure

Riske confirms no officers wore booties or gloves at the Bundy scene, establishing the crime scene was not properly preserved

⚔ Crime scene evidence integrity

photographic inconsistency

Cochran uses P-54 and P-56 to show an envelope at item 104 appears on opposite sides of tile grouting, implying evidence was moved or disturbed; Riske cannot explain it

⚔ Mark Fuhrman

photographic evidence of improper conduct

P-55 shows Fuhrman walking in the evidence area near Goldman's body without booties, while Riske confirms this was the standard — no one had protective gear

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4802 • 168 utterances • Prosecution witness

Criminal Trial

Department 103