AND WHAT IS THE NORMAL PROCEDURE FOR A DETECTIVE IN WEST L.A. DIVISION AFTER A CASE IS ASSIGNED TO THEM?
WELL, THIS CASE -- AFTER IT WAS ASSIGNED TO ME, MY SUPERVISOR EXPLAINED TO ME WHAT I SHOULD DO WITH IT AND ADJUDICATE IT AS SOON AS POSSIBLE BY INTERVIEWING THE VICTIM AND THE DEFENDANT, IF POSSIBLE.
HE EXPLAINED TO ME THAT AFTER HE AND NICOLE RETURNED HOME AFTER A NEW YEAR'S EVE PARTY, THAT THEY WERE READY -- THEY WERE IN THEIR BEDROOM AND A VERBAL DISPUTE BROKE OUT BETWEEN THEM AND THAT THE DISPUTE GOT OUT OF HAND AND IT BECAME PHYSICAL. HE TOLD ME THAT IT TURNED INTO A MUTUAL TYPE WRESTLING MATCH AND THAT WAS BASICALLY IT; NOTHING MORE THAN THAT.
YEAH. I ASKED HIM ABOUT THE -- BECAUSE I HAD A PHOTOGRAPH THAT SHOWED INJURY TO HER FOREHEAD, AND I TOLD HIM THAT I LOOKED AT A PHOTOGRAPH THAT DEPICTED SOME INJURY TO NICOLE'S FOREHEAD AND HE SAID, "WELL, I KNOW. I WAS SURPRISED TO EVEN SEE THAT IT HAD OCCURRED BECAUSE OF THE INCIDENT."
YES, I DID. I ASKED -- AFTER I DID THE INITIAL TELEPHONE INTERVIEW WITH THE DEFENDANT AND NICOLE, I TOLD NICOLE THAT I WOULD LIKE TO SEE HER IN PERSON, IF SHE CAN MAKE ARRANGEMENTS TO COME TO THE POLICE STATION. SHE AGREED AND SAID SHE WOULD COME DOWN THE NEXT DAY. SHE WOULD ALSO BRING HER TWO KIDS WITH HER, AND SHE DID COME DOWN AND MEET ME.
OKAY. AND WHAT INJURIES, IF ANY, DID YOU NOTICE ON HER FACE AND NECK AND HEAD AREA AT THAT TIME?
YEAH. I EXPLAINED TO HER WHAT WAS GOING TO HAPPEN IN THIS CASE AND I ASKED -- I EXPLAINED TO HER THE PROCEDURES THAT WOULD HAPPEN. I REVIEWED THE ORIGINAL POLICE REPORT WITH HER AND ASKED HER TO REVIEW IT. WE REVIEWED IT TOGETHER. I ASKED HER, "DOES THIS ACCURATELY DEPICT WHAT HAPPENED OVER THE WEEKEND?" SHE SAID, "YES." I SAID, "IS THIS YOUR SIGNATURE ON THE REPORT?" SHE SAID, "YES, IT IS." AND THEN I EXPLAINED THAT I WOULD BE PRETTY -- PREPARING THE CASE FOR A PROSECUTING ATTORNEY.
I BELIEVE THEY DO. I MET WITH THE SUPERVISING ATTORNEY THERE AND PROVIDED HER WITH THE INFORMATION.
BY MR. DARDEN: DO YOU RECALL THE DATE IN WHICH YOU TURNED OVER YOUR CASE FILE TO THE CITY ATTORNEY'S OFFICE?
I BELIEVE IT MAY HAVE BEEN THE AFTERNOON OF THE 4TH OR THE MORNING OF THE 5TH. I DO NOT RECALL THE EXACT TIME.
AND AFTER YOU REFERRED THE MATTER OVER TO THE CITY ATTORNEY'S OFFICE, DID YOU AGAIN SPEAK WITH THE DEFENDANT?
ONE COUNT OF SPOUSAL BATTERY. I BELIEVE IT IS 273(A) OF THE PENAL CODE. I'M NOT EXACTLY SURE.
BY MR. DARDEN: WHEN YOU SPOKE TO THE DEFENDANT ON THE TELEPHONE, JANUARY 5 -- THAT CALL WAS JANUARY 5, CORRECT?
WELL, MR. SIMPSON PHONED ME AND HE WAS INQUIRING ABOUT WHAT HIS CASE STATUS WITH HIS INCIDENT WAS. I EXPLAINED TO HIM THAT I HAD TURNED OVER THE ENTIRE CASE FILE TO THE CITY ATTORNEY'S OFFICE AND A DECISION HAD NOT YET BEEN MADE AND MR. -- THE DEFENDANT AND I DID HAVE A CONVERSATION. HE DISCUSSED WITH ME HIS FEELINGS ABOUT THE MATTER. HE WANTED TO RELAY TO ME THAT HE WAS SORRY THAT THE POLICE HAD TO COME TO HIS RESIDENCE AND THAT ME AS A DETECTIVE HAD TO GET INVOLVED IN HIS PERSONAL PROBLEMS. AND HE WAS REALLY REMORSEFUL ABOUT WHAT HAPPENED THAT DAY AND THAT HE AND NICOLE WERE SEEKING -- WERE GOING TO SEEK COUNSELING TO RESOLVE THEIR FAMILY PROBLEMS, AND THAT I -- IF I COULD RELAY THAT TO THE CITY ATTORNEY WHEN THEY MAKE THEIR FINAL DECISION IN FILING THE CASE. I TOLD MR. SIMPSON I WOULD DO THAT, BUT I ALSO TOLD MR. SIMPSON THAT IT IS MOST LIKELY HE IS LOOKING AT A FILING FOR A CRIMINAL CHARGE AND THAT HE -- HE WOULD ONE DAY HAVE TO FACE UP TO WHAT HAPPENED AND WOULD HAVE TO ANSWER FOR IT.
BY MR. DARDEN: BEFORE I PROCEED WITH THE REPORT, DETECTIVE, DID THE DEFENDANT DESCRIBE FOR YOU OR MENTION TO YOU HOW NICOLE BROWN SUSTAINED THE INJURIES SHE SUSTAINED?
AGAIN, HE EXPLAINED THAT IT WAS A RESULT OF AN ARGUMENT THAT THEY HAD GOTTEN INTO THAT RESULTED IN A PHYSICAL ALTERCATION, MORE OF A MUTUAL TYPE WRESTLING MATCH AND NOTHING ELSE.
KEY QUOTEI -- THAT IS THE MOST THAT I RECALL. UMM, IF I COULD LOOK -- IF I HAVE ANYTHING ELSE, I WOULD HAVE TO REFER TO THE REPORT.
I WOULD LIKE TO SHOW THE WITNESS THE REPORT DATED FEBRUARY 8, 1989, AND MR. COCHRAN HAS A COPY, AS I DO.
HE TOLD ME THAT HE WAS SORRY FOR WHAT HE DID TO NICOLE AND THAT HE DIDN'T MEAN TO HARM HER IN ANY WAY AND THAT HE WOULD SEEK COUNSELING WITH HER.
KEY QUOTENOW, WHEN HE TOLD YOU THAT HE DIDN'T MEAN TO HARM HIS WIFE, DID HE ELABORATE ON THAT AT ALL?
HE DIDN'T DESCRIBE THE INCIDENT AS A MUTUAL WRESTLING MATCH IN THIS JANUARY 5 CONVERSATION, DID HE?
THE REPORT THAT YOU JUST READ DATED FEBRUARY 8, 1989, THAT REPORT WASN'T IN EXISTENCE WHEN YOU REFERRED THE MATTER TO THE CITY ATTORNEY'S OFFICE; IS THAT CORRECT?
NO. I, UMM, MAYBE NEED TO MAKE SOMETHING CLEAR ON THE REPORT. IT IS DATED 2/8/89. THAT MAY BE A TYPOGRAPHICAL ERROR. THE CASE WAS FILED ON JANUARY 30, 1989. I MAY HAVE TYPED THE -- I TOOK THE STATEMENT THAT HE GAVE ME THAT SAME DAY AND I MAY HAVE PUT THE WRONG DATE ON THERE. IT SHOULD BE -- I BELIEVE IT IS 1/8/89.
OKAY. NOW, AFTER YOU REFERRED THE MATTER TO THE CITY ATTORNEY'S OFFICE, DID THEY GIVE YOU ANY FURTHER DIRECTIONS?
YES. AFTER, UMM, SOME TIME, THEY ASKED ME TO LOOK INTO THE OTHER INCIDENTS THAT WERE DESCRIBED BY NICOLE. SHE APPARENTLY TOLD THE OFFICERS WHO WERE RESPONDING TO HER HOME THAT THE POLICE HAD BEEN OUT THERE ON NUMEROUS OTHER TIMES AND THEY ASKED ME TO LOOK INTO THAT SITUATION.
DID YOU DETERMINE THAT THERE WERE OTHER SITUATIONS OR OCCASIONS WHEN LAPD OFFICERS WENT TO 360 NORTH ROCKINGHAM?
YES, I DID. I INQUIRED WITH SOME OF THE MORE SENIOR OFFICERS AT WEST L.A. THAT HAD BEEN WORKING THE DIVISION FOR OVER THE LAST FIVE YEARS.
YOUR HONOR, I WOULD LIKE TO OBJECT, NOT TOTALLY RESPONSIVE. "INQUIRED" MAY TEND TO BE HEARSAY. I AM NOT SURE OF THE RESPONSE AT THIS POINT.
BY MR. DARDEN: WHAT ACTION, IF ANY, DID YOU TAKE TO DETERMINE WHETHER OR NOT OTHER POLICE UNITS OR OFFICERS HAD GONE TO ROCKINGHAM?
I SPOKE WITH SENIOR OFFICERS AT WEST L.A. AND ASKED THEM IF THEY HAD EVER BEEN TO THE LOCATION ON ROCKINGHAM IN THE PAST.
ALL RIGHT. MR. DARDEN, I TAKE IT YOU ARE ABOUT TO LAUNCH INTO ANOTHER LINE OF INQUIRY AT THIS POINT?
ALL RIGHT. WE ARE GOING TO TAKE OUR AFTERNOON RECESS THEN AT THIS POINT, IF YOU RECALL OUR SCHEDULE FOR TIME WE ACTUALLY GET STARTED AT 1:30. WE ARE GOING TO TAKE OUR BREAK UNTIL A QUARTER OF 3:00 BECAUSE IT TAKES THE SHERIFFS A HALF AN HOUR TO CYCLE THE JURORS. LADIES AND GENTLEMEN, WE WILL TAKE OUR AFTERNOON RECESS FOR THIS AFTERNOON. WE WILL RESUME AT 3:15. REMEMBER MY ADMONITIONS TO YOU. DON'T DISCUSS THE CASE WITH ANYBODY, HAVE ANY CONVERSATIONS WITH ANYBODY OR DISCUSS THE CASE WITH ANYBODY. WE WILL SEE YOU BACK HERE AT 3:15. ALL RIGHT. WE ARE IN RECESS. DETECTIVE, WE WILL SEE YOU BACK HERE AT 3:15.
HE EXPLAINED THAT IT WAS A RESULT OF AN ARGUMENT THAT THEY HAD GOTTEN INTO THAT RESULTED IN A PHYSICAL ALTERCATION, MORE OF A MUTUAL TYPE WRESTLING MATCH AND NOTHING ELSE.
HE TOLD ME THAT HE WAS SORRY FOR WHAT HE DID TO NICOLE AND THAT HE DIDN'T MEAN TO HARM HER IN ANY WAY AND THAT HE WOULD SEEK COUNSELING WITH HER.
HE WANTED TO RELAY TO ME THAT HE WAS SORRY THAT THE POLICE HAD TO COME TO HIS RESIDENCE AND THAT ME AS A DETECTIVE HAD TO GET INVOLVED IN HIS PERSONAL PROBLEMS.
I ALSO TOLD MR. SIMPSON THAT IT IS MOST LIKELY HE IS LOOKING AT A FILING FOR A CRIMINAL CHARGE AND THAT HE WOULD ONE DAY HAVE TO FACE UP TO WHAT HAPPENED AND WOULD HAVE TO ANSWER FOR IT.