Cross-examination of Adalberto Luper (part 1)

📄 Cross-examination of Adalberto Luper (part 1) — Thursday, July 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\20\CROSS-EXAMINATION-OF-ADALBERTO.DOC

TRIAL

▲ Day 119 of 167

◀ Direct examination of Adalberto Luper Redirect examination of Adalberto Luper (part 1) ▶

Witness: Det. Bert Luper
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, July 20, 1995 • Utterances: 172

Prosecutor Christopher Darden cross-examines Detective Bert Luper, a defense witness, about the discovery of the socks at the foot of OJ Simpson's bed and a single glove found in the master bedroom closet at Rockingham. Darden uses the cross to bolster the prosecution's evidence-handling narrative, establishing that the socks were in plain view and documented by a crime scene photographer hours before videographer Willie Ford arrived, and that Ford was called not for investigative purposes but to protect against future civil litigation claims. Darden also elicits that Luper had no personal knowledge of the contents of sealed evidence bags retrieved from Chicago.

# 1 THE COURT:

People.

# 2 MR. DARDEN:

Yes, your Honor.

CROSS-EXAMINATION BY MR. DARDEN

# 3 MR. DARDEN:

Detective, what time did you say you arrived at 360 North Rockingham?

# 4 DET. LUPER:

It was between 12:15 and 12:20 in the afternoon.

# 5 MR. DARDEN:

And you met Detective Vannatter; is that correct?

# 6 DET. LUPER:

That's correct. Yes, sir.

# 7 MR. DARDEN:

And where were you when you met Detective Vannatter initially?

# 8 DET. LUPER:

I believe I arrived prior to his arrival and he arrived a few minutes later, and we met out by the front door or right in the foyer. I don't recall exactly where.

# 9 MR. DARDEN:

Okay. You searched the house that afternoon; is that correct?

# 10 DET. LUPER:

Yes, I did, sir.

# 11 MR. DARDEN:

Are you acquainted with Willie Ford, a photographer or videographer from SID?

# 12 DET. LUPER:

I am, yes, sir.

# 13 MR. DARDEN:

Okay. And you saw him there that afternoon; is that correct?

# 14 DET. LUPER:

That's correct. Yes, sir.

# 15 MR. DARDEN:

Did he arrive sometime after 3:00 o'clock?

# 16 DET. LUPER:

Yes, sir.

# 17 MR. DARDEN:

You mentioned during your direct testimony that you saw some socks somewhere in the house?

# 18 DET. LUPER:

I did. Yes, sir.

# 19 MR. DARDEN:

Is that right? Socks that you caused to be seized?

# 20 DET. LUPER:

Yes, sir, I did.

# 21 MR. DARDEN:

Did you see those socks before Mr. Ford arrived?

# 22 DET. LUPER:

Yes, sir.

# 23 MR. DARDEN:

Do you recall what time of the day it was that you first saw those socks?

# 24 DET. LUPER:

It was between 12:30 and 12:40 that afternoon.

# 25 MR. DARDEN:

You saw those socks when you went upstairs into the Defendant's bedroom; is that right?

# 26 DET. LUPER:

That's correct. Yes, sir.

# 27 MR. DARDEN:

And you told us that you opened a drawer and you recovered a glove, right?

# 28 DET. LUPER:

That's correct. Yes, sir.

# 29 MR. DARDEN:

You didn't have to--I'm sorry. You didn't have to open a drawer to locate those socks, did you?

# 30 DET. LUPER:

No, sir.

# 31 MR. DARDEN:

Where were those socks, detective?

# 32 DET. LUPER:

Those socks were located at the foot of the bed in plain view.

KEY QUOTE

# 33 MR. DARDEN:

They were just laying there?

# 34 DET. LUPER:

That's correct. Yes, sir.

# 35 MR. DARDEN:

Are you sure of that, detective?

# 36 DET. LUPER:

Positive.

# 37 MR. DARDEN:

Why did you seize those socks?

# 38 DET. LUPER:

Well, there's two reasons I seized them. One, they were--they appeared to be out of place to me based on what I had seen in the bathroom, for example, was fairly neat. And the second was, I felt based on the fact that they were out of place, that it would be just advisable to pick them up.

# 39 MR. DARDEN:

You said the bathroom was neat?

# 40 DET. LUPER:

I'm sorry, sir?

# 41 MR. DARDEN:

You said the bedroom was relatively neat?

# 42 DET. LUPER:

Relatively neat. Yes, sir.

# 43 MR. DARDEN:

Let me show you 167, if you would take a look at your monitor there.

# 44 DET. LUPER:

All right, sir.

# 45 MR. DARDEN:

Is that where the socks were when you saw them?

# 46 DET. LUPER:

Yes, sir.

# 47 MR. DARDEN:

And when you first saw those socks, did you disturb them at all?

# 48 DET. LUPER:

No, sir.

# 49 MR. DARDEN:

You left them right there?

# 50 DET. LUPER:

That's correct. Yes, sir.

# 51 MR. DARDEN:

Thank you. Now, when you first entered the residence, you saw some blood spots in the foyer; is that correct?

# 52 DET. LUPER:

I did, yes, sir.

# 53 MR. DARDEN:

And with regard to the glove, you conducted a search of the Defendant's closet in the master bedroom?

# 54 DET. LUPER:

That's correct, yes.

# 55 MR. DARDEN:

And where was it that you found that single glove?

# 56 DET. LUPER:

It was located in--there was two chest of drawers located in Mr. Simpson's walk-in closet, and it would have been the one located against the east wall, I believe it would have been the south side of the master closet.

# 57 MR. DARDEN:

Okay. And you only found one such glove; is that right?

# 58 DET. LUPER:

That's correct. Yes, sir.

# 59 MR. DARDEN:

You didn't find a mate for that glove?

# 60 DET. LUPER:

No, sir, I did not.

# 61 MR. DARDEN:

And you thought that was significant, didn't you?

# 62 MR. COCHRAN:

Object to the form of the question, your Honor. Leading and suggestive.

# 63 THE COURT:

Overruled.

# 64 DET. LUPER:

I'm sorry?

# 65 THE COURT:

You can answer the question.

# 66 DET. LUPER:

Yes, I did feel it was significant.

# 67 MR. DARDEN:

And why is that?

# 68 DET. LUPER:

Well, based on--

# 69 MR. COCHRAN:

I object to the form. It's irrelevant and immaterial.

# 70 THE COURT:

Overruled.

# 71 DET. LUPER:

Based on the information I had and the fact that the only information I had as far as gloves were concerned was one that had been recovered, I didn't know another one had been recovered, I just felt that it was a wise thing to seize it, hold on to it and show it to the investigating officers and let them make the final determination as to whether it should be booked or not.

# 72 MR. DARDEN:

Okay. A glove had been seized at Rockingham? Was that your information?

# 73 DET. LUPER:

Yes, sir.

# 74 MR. DARDEN:

Had you visited the Bundy scene at that point?

# 75 DET. LUPER:

I had been at the Bundy scene, yes, sir.

# 76 MR. DARDEN:

Had you viewed the bodies?

# 77 DET. LUPER:

Yes, sir.

# 78 MR. DARDEN:

Did you know whether or not the glove seized at Bundy and the one seized at Rockingham were matching gloves?

# 79 DET. LUPER:

No. I had no clue.

# 80 MR. COCHRAN:

Objection. Calls for speculation.

# 81 THE COURT:

Overruled.

# 82 DET. LUPER:

I had no clue to that, sir.

KEY QUOTE

# 83 MR. DARDEN:

Now, the glove that you removed from the Defendant's chest, was that an Aris glove?

# 84 DET. LUPER:

I don't believe so. It may have been, but I'm not too sure.

# 85 MR. DARDEN:

Okay. But it was a size large glove, wasn't it?

# 86 DET. LUPER:

Yes, sir.

# 87 MR. DARDEN:

Not an extra large, but a large, correct?

# 88 DET. LUPER:

That's correct. Yes, sir.

# 89 MR. DARDEN:

And you thought the glove was significant, so you kept it in your possession, right?

# 90 DET. LUPER:

That's correct. Yes, sir.

# 91 MR. DARDEN:

And then you went downstairs?

# 92 DET. LUPER:

That's correct. Yes, sir.

# 93 MR. DARDEN:

Why did you place that glove on the table?

# 94 DET. LUPER:

Well, I knew that there was blood spots or what appeared to be blood splats--blood spots at the--in the foyer, and I was just trying to look for additional spots on the wood floor, and there appeared to be several going--trailing from the foyer and past to the den area. And in trying to examine them, I put my notebook down on the floor as well as the glove on that--on the little table there to take a better look at it. That's all.

# 95 MR. DARDEN:

And that glove was videotaped by Mr. Ford as it lay on that table, correct?

# 96 DET. LUPER:

That's correct. Yes, sir.

# 97 MR. DARDEN:

And that glove was also photographed by the crime scene photographer, Mike Wilson; is that correct?

# 98 DET. LUPER:

That's correct. Yes, sir.

# 99 MR. DARDEN:

In fact, there was a crime scene photographer at Rockingham that day, right?

# 100 DET. LUPER:

He was there when I arrived. Yes, sir.

# 101 MR. DARDEN:

And so he was there at least three, three and a half hours before Willie Ford arrived; is that correct?

# 102 DET. LUPER:

Minimum, yes, sir.

# 103 MR. DARDEN:

And the photograph you just saw here a few minutes ago, People's 167, the photograph of the sock in the bedroom, that was taken by the photographer, wasn't it?

# 104 DET. LUPER:

It certainly was. Yes, sir.

# 105 MR. DARDEN:

Was there any question, any doubt in your mind, sir, that those socks were there when you walked up the stairs around 12:15 or so that day?

# 106 DET. LUPER:

No question in my mind, no, sir.

KEY QUOTE

# 107 MR. DARDEN:

As a matter of fact, you directed the photographer to take certain photographs; is that right?

# 108 DET. LUPER:

I did, yes, sir.

# 109 MR. DARDEN:

And that included the photograph you just saw, 167?

# 110 DET. LUPER:

Yes, sir.

# 111 MR. DARDEN:

Who requested the video recorder with Mr. Ford?

# 112 DET. LUPER:

I'm sorry, sir. I didn't understand the question.

# 113 MR. DARDEN:

Well, did you ask Mr. Ford or someone to come out and videotape the premises?

# 114 DET. LUPER:

One of the detectives, Detective Harper, who was at the scene, came to me and suggested--

# 115 MR. COCHRAN:

I object to what was suggested, your Honor.

# 116 THE COURT:

Sustained. The question is who requested it.

# 117 DET. LUPER:

Detective Harper did, sir.

# 118 MR. DARDEN:

And so you knew that someone was going to come out and videotape the premises, right?

# 119 DET. LUPER:

That's correct. Yes, sir.

# 120 MR. DARDEN:

And the purpose of having that purpose come out was not to assist in the crime scene investigation, was it?

# 121 DET. LUPER:

That's correct, sir.

# 122 MR. DARDEN:

And wasn't to assist in the prosecution of this Defendant or anyone else; is that correct?

# 123 DET. LUPER:

That's correct, sir.

# 124 MR. DARDEN:

Why was that person called out?

# 125 DET. LUPER:

He was called out for--in the event there was civil litigation down the line and--or allegations of theft or breakage of valuables.

KEY QUOTE

# 126 MR. DARDEN:

You wanted to make sure that you documented the condition of the premises as it was when you left; is that right?

# 127 MR. COCHRAN:

Leading and suggestive, your Honor.

# 128 THE COURT:

Overruled.

# 129 DET. LUPER:

That's correct. Yes, sir.

# 130 MR. DARDEN:

Did you direct Mr. Ford in terms of where to shoot or videotape?

# 131 DET. LUPER:

No, sir, I did not.

# 132 MR. DARDEN:

Do you know whether or not the socks were collected prior to Mr. Ford's arrival inside the master bedroom?

# 133 DET. LUPER:

They were collected prior to Mr. Ford's arrival upstairs in my presence.

# 134 MR. DARDEN:

Do you recall who collected those socks?

# 135 DET. LUPER:

It was Mr. Fung.

# 136 MR. DARDEN:

Now, you've testified regarding this issue before; is that correct?

# 137 DET. LUPER:

At a motion, yes, sir.

# 138 MR. DARDEN:

You testified here in this courtroom on March 31, 1995; is that right?

# 139 DET. LUPER:

That's correct. Yes, sir.

# 140 MR. DARDEN:

And Mr. Cochran was here?

# 141 DET. LUPER:

Yes, sir, he was.

# 142 (Discussion held off the record between the Deputy District Attorneys.)

# 143 MR. DARDEN:

Now, with regard to the items that you brought back from Chicago, you've never--well, strike that. You obtained a box, is that right, from the Chicago Police Department?

# 144 DET. LUPER:

No. I--no box. They were hand--when I signed for them, they were in bags.

# 145 MR. DARDEN:

Okay. And were these bags sealed?

# 146 DET. LUPER:

Yes, sir.

# 147 MR. DARDEN:

Were you able to see inside the bags?

# 148 DET. LUPER:

No, sir.

# 149 MR. DARDEN:

And you were given an inventory?

# 150 DET. LUPER:

That's correct. Yes, sir.

# 151 MR. DARDEN:

And that inventory was supposed to relate to you the contents of those bags, right?

# 152 DET. LUPER:

That's correct. Yes, sir.

# 153 MR. DARDEN:

You have no personal knowledge of the contents of those bags, do you?

# 154 DET. LUPER:

No, sir, I do not.

# 155 MR. DARDEN:

You've never seen them?

# 156 DET. LUPER:

That's correct, sir.

# 157 MR. DARDEN:

And with regard to any broken glass you may have brought to Los Angeles, you don't know whether or not there was any blood on that glass, do you?

# 158 DET. LUPER:

That's correct, sir.

# 159 MR. DARDEN:

And that's because you never saw it?

# 160 DET. LUPER:

That's correct.

# 161 MR. DARDEN:

And you have no personal knowledge as to how that glass was broken, do you?

# 162 DET. LUPER:

No, I do not, sir.

# 163 MR. DARDEN:

You have no personal knowledge as to where that glass was seized?

# 164 DET. LUPER:

That's correct, sir.

# 165 MR. DARDEN:

You weren't in Chicago on the morning of June 13, were you?

# 166 DET. LUPER:

No, I was not, sir.

# 167 MR. DARDEN:

Or the evening of June 13?

# 168 DET. LUPER:

That's correct, sir.

# 169 MR. DARDEN:

How long have you been a detective, sir?

# 170 DET. LUPER:

12 years, sir.

# 171 MR. DARDEN:

How long have you been a police officer?

# 172 DET. LUPER:

23.

Temperature

procedural

Key Quotes (4)

Det. Bert Luper

Those socks were located at the foot of the bed in plain view.

Directly refutes any suggestion the socks were planted after the fact; Luper states he saw them before Ford's video crew arrived.

Det. Bert Luper

No question in my mind, no, sir.

Luper's unequivocal certainty that the socks were present when he first went upstairs around 12:15-12:40 pm — before any video documentation.

Det. Bert Luper

He was called out for--in the event there was civil litigation down the line and--or allegations of theft or breakage of valuables.

Establishes that Ford's video was not part of the criminal investigation — undermining any defense theory that Ford's footage captured evidence being staged.

Det. Bert Luper

I had no clue to that, sir.

Luper admits he did not know whether the Bundy glove and the Rockingham glove were a matching pair at the time he seized the drawer glove.

Evidence (4)

People's 167

Crime scene photograph of the socks at the foot of OJ Simpson's bed in the master bedroom

shown to witness to confirm position of socks as originally observed

Informal

Single size-large glove recovered from chest of drawers in Simpson's master closet

discussed; Luper confirms he placed it on a table while examining blood trail and it was later photographed and videotaped

Informal

Sealed evidence bags from Chicago Police Department containing items including broken glass

discussed; Luper confirms no personal knowledge of contents, condition, or origin of items

Informal

Blood spots in the foyer at Rockingham

referenced as context for why Luper was examining the floor when he set down the glove

Notable Exchanges (3)

Christopher Darden•Det. Bert Luper

Darden walks Luper through the precise timeline of sock discovery — 12:30–12:40 pm, in plain view, photographed by Mike Wilson hours before Ford's 3pm arrival. Luper confirms he directed Wilson to take People's 167.

strategic

Christopher Darden•Det. Bert Luper

Darden establishes that Ford was summoned by Detective Harper for civil litigation protection, not to assist in the criminal investigation — reframing the video's purpose and limiting its use as a defense tool.

strategic

Christopher Darden•Det. Bert Luper

Darden elicits that Luper retrieved sealed bags from Chicago PD but never saw their contents, had no knowledge of any blood on the broken glass, and was not present in Chicago on June 13.

procedural

Credibility Attacks (1)

⚔ Det. Bert Luper

prior testimony reference

Darden reminds Luper he testified on this same subject on March 31, 1995, with Cochran present — setting up for potential impeachment if answers diverge, though no inconsistency is surfaced in this examination.

Witness Demeanor

(Discussion held off the record between the Deputy District Attorneys.)

Objections

5 objections (1 sustained, 4 overruled)

Proceeding 6954 • 172 utterances • Defense witness

Criminal Trial

Department 103