Direct examination of Robert Riske (part 5)

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

Address:

C:\DEPT103\CRIMINAL\1995\FEB\9\DIRECT-EXAMINATION-OF-ROBERT-R.DOC

TRIAL

▲ Day 16 of 167

◀ Diagram discussion Cross-examination of Robert Riske (part 1) ▶

Witness: Off. Robert Riske
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, February 9, 1995 • Utterances: 169

Officer Riske describes maintaining security at the Bundy crime scene through the early morning hours of June 13, 1994, including guiding the crime scene photographer to evidence in the rear alley. Most significantly, he testifies that he witnessed Detective Fuhrman lift leaves from a plant to reveal the glove and ski cap to the photographer, and that Phillips came to him to get directions to Rockingham before the detectives departed.

# 1 Q:

BY MS. CLARK: NOW, FROM YOUR POSITION AT THE TOP OF THE LANDING, WERE YOU ABLE TO POINT OUT ALL OF THE EVIDENCE YOU'VE DESCRIBED TO US?

# 2 A:

YES.

# 3 Q:

AND IS THAT WHERE THE DETECTIVES STAYED BY, AT THE TOP OF THE LANDING AT THAT POINT?

# 4 A:

THAT'S CORRECT.

# 5 Q:

AND THEN YOU INDICATED THAT THEY WENT WHERE?

# 6 A:

THEY JUST -- THEY STAYED ON THE LANDING AND LOOKED AT THE SHOEPRINTS THAT CONTINUED WESTBOUND TOWARDS THE REAR.

# 7 Q:

AND THEY LOOKED AT THAT FROM THEIR VANTAGE POINT AT THE TOP OF THE LANDING?

# 8 A:

THAT'S CORRECT.

# 9 Q:

WHERE DID THEY GO AFTER THAT?

# 10 A:

I BELIEVE LIEUTENANT SPANGLER ARRIVED. I DON'T REMEMBER IF SERGEANT COON YELLED TO PHILLIPS OR GOT HIM ON THE RADIO TO TELL HIM HE WAS HERE. BUT FUHRMAN AND I WENT IN THE HOUSE, STAYED IN THE KITCHEN AND DETECTIVE PHILLIPS WENT OUT TO MEET THE LIEUTENANT.

# 11 Q:

ALL RIGHT. DO YOU KNOW WHAT ROUTE DETECTIVE PHILLIPS TOOK TO EXIT THE CONDOMINIUM?

# 12 A:

HE WENT THROUGH THE HOUSE DOWN THE STAIRS AND THROUGH THE GARAGE.

# 13 Q:

OKAY. SO HE WENT OUT THE BACK?

# 14 A:

THAT IS CORRECT.

# 15 Q:

AND YOU STAYED INSIDE THE HOUSE WITH DETECTIVE FUHRMAN?

# 16 A:

THAT'S CORRECT.

# 17 Q:

WHAT WERE YOU DOING INSIDE THE HOUSE?

# 18 A:

JUST STANDING IN THE KITCHEN, KIND OF LOOKING AROUND. I BELIEVE THERE WAS A JACKET IN THERE, A BLUE JEAN JACKET. WE WERE TALKING ABOUT IF IT WAS ONE OF THE VICTIMS.

# 19 Q:

AND WHAT HAPPENED NEXT?

# 20 A:

DETECTIVE PHILLIPS AND I BELIEVE HE WAS ACCOMPANIED BY THE LIEUTENANT, CAME IN THE HOUSE AND I EXITED THE REAR AND JUST STAYED BY MY PARTNER.

# 21 Q:

SO DETECTIVE PHILLIPS CAME BACK INSIDE. AND WHEN YOU SAY INSIDE, INTO THE CONDOMINIUM?

# 22 A:

INTO THE KITCHEN AND MET WITH FUHRMAN.

# 23 Q:

AND WHEN HE CAME IN AND MET WITH DETECTIVE FUHRMAN, YOU LEFT?

# 24 A:

THAT'S CORRECT.

# 25 Q:

AND WHAT ROUTE DID YOU TAKE TO LEAVE?

# 26 A:

I WENT THROUGH THE HOUSE DOWN THE STAIRS AND OUT THE GARAGE.

# 27 Q:

AND WHERE DID YOU GO AT THAT POINT?

# 28 A:

I WENT OUT TO THE PATROL CAR THAT WAS PARKED IN THE ALLEY AND JUST SAT WITH MY PARTNER.

# 29 Q:

WHAT WERE YOU DOING?

# 30 A:

JUST MAINTAINING SECURITY. WE HAD BEEN RELIEVED BY THE DETECTIVES. THEY ASSUMED RESPONSIBILITY.

# 31 Q:

SO AT THAT POINT, YOU WERE JUST MAINTAINING THE SECURITY OF THE LOCATION IN THE REAR OF THE CONDOMINIUM?

# 32 A:

THAT'S CORRECT.

# 33 Q:

AND THAT WAS -- YOU STOOD IN OR OUTSIDE THE CRIME SCENE TAPE?

# 34 A:

OUTSIDE.

# 35 Q:

DID ANYONE ENTER THROUGH THE CRIME SCENE TAPE THAT WAS NOT AUTHORIZED TO DO SO WHILE YOU WERE THERE?

# 36 A:

NO.

# 37 Q:

IN EITHER THE FRONT OR THE BACK?

# 38 A:

NO.

# 39 Q:

DID YOU EVER GO BACK -- AFTER YOU WENT OUT AND STOOD IN THE REAR ALLEY AREA, DID YOU EVER GO BACK INTO THE CRIME SCENE AGAIN?

# 40 A:

WITH A PHOTOGRAPHER.

# 41 Q:

PARDON?

# 42 A:

WITH A PHOTOGRAPHER.

# 43 Q:

AND WHEN WAS THAT, SIR?

# 44 A:

UMM, IN THE BACK, IT WAS PROBABLY 10 OR 15 MINUTES AFTER I HAD BEEN RELIEVED BY THE DETECTIVES. AND IN THE FRONT, IT WAS WHEN IT WAS STARTING TO GET DAYLIGHT.

# 45 Q:

NOW, IN THE BACK, WAS THAT -- HOW LONG AFTER YOUR EXITING THE CONDOMINIUM DID THE PHOTOGRAPHER COME AND START TAKING PICTURES OF THE BACK?

# 46 A:

I BELIEVE THE PHOTOGRAPHER BEAT THE DETECTIVES THERE AND I WAS IN THE BACK PROBABLY 20 MINUTES WHEN HE CAME BACK AND STARTED TAKING PICTURES.

# 47 Q:

OKAY. AND TO YOUR KNOWLEDGE, HAD HE TAKEN PICTURES IN THE FRONT YET, IF YOU KNOW?

# 48 A:

I REALLY DON'T KNOW.

# 49 Q:

AFTER HE TOOK -- DID YOU SHOW HIM WHERE TO TAKE PICTURES IN THE BACK?

# 50 A:

I SHOWED HIM SOME BLOOD, TOLD HIM ABOUT THE ICE CREAM ON THE BANISTER AND THAT'S ABOUT IT.

KEY QUOTE

# 51 Q:

DID YOU SHOW HIM THE CHANGE AND THE BLOOD DROPS ON THE REAR DRIVEWAY?

# 52 A:

YES, SO HE WOULDN'T STEP IN IT.

# 53 Q:

AND DID YOU -- HOW LONG DID YOU STAY OUT THERE IN THE REAR AREA, REAR ALLEY?

# 54 A:

I WOULD ESTIMATE TILL 5:30, AROUND 5:30, AND THEN WE WENT TO THE FRONT.

# 55 Q:

WHAT DID YOU DO IN THE FRONT OF THE LOCATION?

# 56 A:

WE OPENED BUNDY UP TO VEHICULAR TRAFFIC. SO WE JUST -- ALL WE HAD WAS A CRIME SCENE FROM THE HOUSE NORTH, NICOLE'S HOUSE, AND THE HOUSE SOUTH, AND WE JUST MAINTAINED -- WE SAT IN FRONT OF THAT CRIME SCENE.

# 57 Q:

OKAY. SO WAS ANYONE ALLOWED TO WALK ON THE SIDEWALK IN FRONT OF 875 SOUTH BUNDY?

# 58 A:

NO.

# 59 Q:

WAS ANYONE ALLOWED TO WALK ON THE WALKWAY AT 875 SOUTH BUNDY?

# 60 A:

NO.

# 61 Q:

SO WHERE DID YOU STAND IN FRONT OF THE LOCATION, SIR?

# 62 A:

WE ACTUALLY MOVED OUR VEHICLE AND PARKED IT RIGHT IN FRONT OF THE -- IN FRONT OF 875 SO THE WALKWAY WASN'T VISIBLE FROM THE STREET.

# 63 Q:

SO YOU BLOCKED THE VIEW?

# 64 A:

THAT'S CORRECT.

# 65 Q:

AND WERE YOU SEATED IN YOUR CAR OR STANDING OUTSIDE OF IT?

# 66 A:

SEATED, STANDING. IT DEPENDS ON WHAT TIME IT WAS.

# 67 Q:

WAS THAT DONE INTENTIONALLY, BLOCKING THE VIEW OF THE WALKWAY, SIR?

# 68 A:

YES.

# 69 Q:

WHY?

# 70 A:

SO WE DIDN'T WANT PASSERSBY TO LOOK DOWN THERE AND SEE WHAT IT WAS, TRYING TO KEEP THE MEDIA OUT.

KEY QUOTE

# 71 Q:

AND BY THE TIME YOU CAME AROUND TO THE FRONT, WAS IT STARTING TO GET LIGHT?

# 72 A:

NO. IT WAS --

# 73 Q:

STILL DARK?

# 74 A:

STILL DARK.

# 75 Q:

WHAT DID YOU DO OUT FRONT?

# 76 A:

LIKE I SAID, MAINTAINED SECURITY OF THE CRIME SCENE.

# 77 Q:

AT SOME POINT, A PHOTOGRAPHER ARRIVED?

# 78 MR. COCHRAN:

ASKED AND ANSWERED. HE SAID THE PHOTOGRAPHER WAS ALREADY THERE.

# 79 THE COURT:

SUSTAINED.

# 80 Q:

BY MS. CLARK: DID YOU HAVE CONTACT WITH THE PHOTOGRAPHER IN THE FRONT OF THE LOCATION?

# 81 A:

YES, I DID.

# 82 Q:

AND WAS IT DAYLIGHT BY THEN?

# 83 A:

I HAD TALKED TO HIM EARLIER, BUT HE HADN'T TAKEN ANY PICTURES OF THE FRONT WHILE I WAS THERE. THEN HE CAME -- IT WAS JUST STARTING TO GET DAYLIGHT, AND HE CAME AND HE TOOK A COUPLE PICTURES.

# 84 Q:

NOW, WAS THIS THE SAME PHOTOGRAPHER YOU HAD CONTACTED EARLIER AT THE REAR OF THE LOCATION, THE REAR ALLEY?

# 85 A:

YES, IT WAS.

# 86 Q:

WHEN HE CAME TO THE FRONT OF THE LOCATION AND IT WAS LIGHTER, DID YOU POINT ANYTHING OUT TO HIM?

# 87 A:

NO, I DIDN'T.

# 88 Q:

DID YOU SEE HIM TAKING PICTURES IN THAT FRONT AREA?

# 89 A:

I SAW DETECTIVE FUHRMAN. HE WAS SHOWING HIM THE GLOVE AND HE TOOK A PICTURE OF THE GLOVE.

KEY QUOTE

# 90 Q:

OKAY. HE WAS POINTING TO IT?

# 91 A:

I BELIEVE HE LIFTED UP THE LEAVES AND THE PLANTS SO HE COULD SEE IT BETTER AND HE TOOK A PICTURE.

# 92 (DISCUSSION HELD OFF THE RECORD BETWEEN MS. CLARK AND MR. FAIRTLOUGH.)

# 93 MS. CLARK:

THE FEED IS CUT, YOUR HONOR? I AM SORRY. I FORGOT THE FEED WAS EVER ON AGAIN.

# 94 THE COURT:

WELL, I ASSUME SOMEBODY UPSTAIRS CAUGHT THAT.

# 95 MS. CLARK:

THIS HAS NOT BEEN PREVIOUSLY MARKED I THINK. SO WE SHOULD MARK IT AS PEOPLE'S 54? 5? THANK YOU.

# 96 (PEO'S 55 FOR ID = PHOTOGRAPH)

# 97 Q:

BY MS. CLARK: DO YOU RECOGNIZE THE PERSON IN THAT PHOTOGRAPH, SIR?

# 98 A:

YES, I DO.

# 99 Q:

WHO IS THAT?

# 100 A:

IT'S DETECTIVE FUHRMAN AND THE VICTIM.

# 101 Q:

AND WHAT'S HE POINTING TO?

# 102 A:

HE'S POINTING TO THE GLOVE.

# 103 Q:

THE GLOVE AND THE CAP?

# 104 A:

THE CAP.

# 105 Q:

THE ONES THAT YOU SAW WHEN YOU ARRIVED SHORTLY AFTER MIDNIGHT?

# 106 A:

THAT'S CORRECT.

# 107 Q:

SO -- LET ME ASK YOU SOMETHING. WHAT'S HE WEARING THERE, DETECTIVE FUHRMAN?

# 108 A:

LOOKS LIKE WHITE SUIT SHIRT, PAIR OF SLACKS.

# 109 Q:

NO JACKET?

# 110 A:

NO.

# 111 Q:

NOW, IN THAT PARTICULAR PHOTOGRAPH, YOU HAD SAID THAT THE LEAVES OF THE PLANT KIND OF HUNG OVER THAT ONE GLOVE AND THE SKI CAP?

# 112 A:

THAT'S CORRECT.

# 113 Q:

AND THAT ACTUALLY YOU HAD TO LEFT IT UP TO SEE?

# 114 A:

RIGHT.

# 115 Q:

NOW, AT THIS POINT, THE LEAVES ARE NOT LIFTED UP; IS THAT CORRECT?

# 116 A:

I BELIEVE THAT'S HIS LEFT HAND HOLDING THE LEAVES BACK AND HIS RIGHT HAND POINTING TO THE --

# 117 MS. CLARK:

PULL BACK A LITTLE BIT, JONATHAN.

# 118 OFF. ROBERT RISKE:

OH, NEVER MIND. THAT'S THE SHOE OF THE VICTIM?

# 119 Q:

BY MS. CLARK: THE SHOE OF THE VICTIM. SO HE'S JUST POINTING TO IT WITH HIS RIGHT HAND?

# 120 A:

THAT'S CORRECT.

# 121 Q:

NOW, WHAT TIME WAS IT THAT YOU WERE RELIEVED FROM THIS CRIME SCENE?

# 122 A:

7:15.

# 123 Q:

AT 7:15?

# 124 A:

THAT'S CORRECT.

# 125 Q:

AND HOW -- IN RELATIONSHIP TO THAT TIME THAT YOU LEFT THE CRIME SCENE, WHEN DID DETECTIVE FUHRMAN APPEAR AND POINT THINGS OUT TO THE PHOTOGRAPHER?

# 126 A:

I WOULD SAY WITHIN 40 MINUTES. I'M NOT REALLY SURE. WITHIN AN HOUR.

# 127 Q:

SO IT WAS SHORTLY BEFORE YOU LEFT --

# 128 A:

THAT'S CORRECT.

# 129 Q:

-- THE CRIME SCENE COMPLETELY?

# 130 A:

RIGHT.

# 131 THE COURT:

DO YOU NEED THIS PHOTO ANYMORE?

# 132 MS. CLARK:

NO, THANK YOU, YOUR HONOR.

# 133 Q:

BY MS. CLARK: ALL RIGHT. NOW, BETWEEN THE -- WERE YOU EVER AWARE THAT DETECTIVES LEFT THE BUNDY LOCATION?

# 134 A:

YES.

# 135 Q:

AND YOU INDICATED THAT I BELIEVE THAT YOU SAW DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN INSIDE THE CONDOMINIUM AND THEN YOU WENT OUTSIDE AND STAYED IN BACK.

# 136 A:

THAT'S RIGHT.

# 137 Q:

DID YOU -- WHERE WERE YOU WHEN THE DETECTIVES LEFT FOR ANOTHER LOCATION?

# 138 A:

IN THE FRONT.

# 139 Q:

AND AT THAT POINT, SIR, YOU HAD ALREADY COME AROUND TO THE FRONT, YOU WERE STANDING GUARD THERE?

# 140 A:

THAT'S CORRECT.

# 141 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

# 142 THE COURT:

OVERRULED. REFOUNDATIONAL I ASSUME.

# 143 MS. CLARK:

YES.

# 144 Q:

BY MS. CLARK: NOW, HOW LONG DID YOU STAY IN THE REAR AREA?

# 145 A:

MAYBE -- MAYBE AN HOUR, AN HOUR AND A HALF.

# 146 Q:

AND WHILE YOU WERE DOING THAT, WERE OTHER PEOPLE GUARDING THE FRONT AREA?

# 147 A:

AS FAR AS I KNOW, YES, THERE SHOULD HAVE BEEN.

# 148 Q:

WHEN YOU LEFT THE REAR AREA TO GO TO THE FRONT, DID SOMEONE RELIEVE YOU AND MAINTAIN THE GUARD IN THE BACK?

# 149 A:

YES.

# 150 Q:

AND WHILE YOU WERE STANDING IN FRONT, IS THAT WHEN THE DETECTIVES LEFT FOR ANOTHER LOCATION?

# 151 A:

YES. DETECTIVE PHILLIPS ACTUALLY APPROACHED ME, GAVE ME A CELLULAR PHONE AND SAID THEY WERE GOING TO THE -- ROCKINGHAM. THEY ASKED ME DIRECTIONS TO GET THERE.

KEY QUOTE

# 152 Q:

AND DID YOU ASSIST THEM BY GIVING DIRECTIONS?

# 153 A:

YES.

# 154 Q:

WERE YOU FAMILIAR WITH THAT LOCATION?

# 155 A:

YES. THAT AREA, NOT THAT LOCATION.

# 156 Q:

YOU MEAN THE BRENTWOOD AREA UP NORTH OF SUNSET?

# 157 A:

YEAH.

# 158 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 159 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

# 160 THE COURT:

CERTAINLY.

# 161 (BRIEF PAUSE.)

# 162 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 163 MS. CLARK:

THANK YOU, YOUR HONOR. I HAVE NOTHING FURTHER AT THIS TIME.

# 164 THE COURT:

MR. COCHRAN.

# 165 MR. COCHRAN:

THANK YOU VERY KINDLY.

# 166 THE COURT:

YOU WANT TO START NOW?

# 167 MR. COCHRAN:

WELL, I THINK WE MIGHT AS WELL USE EVERY MINUTE.

# 168 THE COURT:

EVERY PRECIOUS MINUTE.

# 169 MR. COCHRAN:

EVERY PRECIOUS MINUTE WE USE, YOUR HONOR.

Temperature

procedural

Key Quotes (4)

Robert Riske

I SAW DETECTIVE FUHRMAN. HE WAS SHOWING HIM THE GLOVE AND HE TOOK A PICTURE OF THE GLOVE. I BELIEVE HE LIFTED UP THE LEAVES AND THE PLANTS SO HE COULD SEE IT BETTER AND HE TOOK A PICTURE.

Establishes Fuhrman's hands-on contact with the glove area early in the investigation, relevant to defense theories about glove planting or tampering.

Robert Riske

DETECTIVE PHILLIPS ACTUALLY APPROACHED ME, GAVE ME A CELLULAR PHONE AND SAID THEY WERE GOING TO THE -- ROCKINGHAM. THEY ASKED ME DIRECTIONS TO GET THERE.

Corroborates the detectives' decision to travel to Rockingham and the timeline of their departure from Bundy.

Robert Riske

SO WE DIDN'T WANT PASSERSBY TO LOOK DOWN THERE AND SEE WHAT IT WAS, TRYING TO KEEP THE MEDIA OUT.

Explains intentional blocking of the crime scene view — establishes deliberate, professional scene management by first responders.

Robert Riske

I SHOWED HIM SOME BLOOD, TOLD HIM ABOUT THE ICE CREAM ON THE BANISTER AND THAT'S ABOUT IT.

Documents what Riske personally directed the photographer to document in the rear alley, touching on evidence preservation.

Evidence (5)

People's 55

Photograph of Detective Fuhrman pointing to the glove and ski cap at the Bundy walkway

introduced and discussed

Informal

Glove and ski cap observed under plant leaves on the Bundy walkway

discussed in context of Fuhrman showing photographer

Informal

Blood drops and change on rear driveway

discussed — Riske showed photographer to prevent contamination

Informal

Blue jean jacket inside the condominium kitchen

mentioned — Riske and Fuhrman discussed whether it belonged to a victim

Informal

Ice cream on the banister (rear of property)

mentioned — pointed out to photographer

Notable Exchanges (2)

Marcia Clark•Robert Riske

Riske initially misidentifies part of the photograph, saying 'THAT'S THE SHOE OF THE VICTIM?' before correcting himself after Clark pulls the image back — brief moment of confusion over what Fuhrman is pointing to in People's 55.

revealing

Marcia Clark•Johnnie Cochran•Lance A. Ito

Clark inadvertently broadcast testimony over a live feed before catching herself; Ito drily notes 'I ASSUME SOMEBODY UPSTAIRS CAUGHT THAT.'

light

Light Moments (2)

Johnnie Cochran / Lance A. Ito

Cochran and Ito banter about using 'every precious minute' as cross-examination is about to begin at end of session.

Marcia Clark

Clark realizes the courtroom television feed was live when she didn't intend it to be, prompting a wry response from Ito.

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 4778 • 169 utterances • Prosecution witness

Criminal Trial

Department 103