Darden cross-examines Willie Ford, the LAPD video operator who filmed the Rockingham crime scene on behalf of the defense. Darden methodically establishes that Ford's video at the 3:13 timestamp did not capture the area of the rug where the socks were photographed, undermining the defense's implication that the socks were absent early in the walkthrough. Darden also attacks the reliability of the camera's timestamp, showing Ford had no independent knowledge of whether it was one hour off or some other amount, and closes by having Ford flatly deny witnessing any evidence planting.
# 1 MR. DARDEN: When we left off you were telling us that--well, you didn't see any socks on the carpet, right?
# 2 MR. FORD: That's right.
# 3 MR. DARDEN: Now, in the videotape that you shot--well, strike that. Let me show you a copy of what has been marked as People's 167.
# 4 (Discussion held off the record between the Deputy District Attorneys.) # 5 MR. DARDEN: That will be the photograph of the socks on the--
# 6 THE COURT: All right. This is People's 167.
# 7 MR. DARDEN: Socks on the carpet.
# 8 MR. DARDEN: Okay. Now, if you will, Mr. Ford, can you help us--well, let's see if there is a way that we can sort of mark the spot in the photograph where these socks are located. Do you see the patterns on the rug there?
# 9 MR. FORD: Yes, sir. Yes, sir.
# 10 MR. DARDEN: Can you see the arrow there?
# 12 MR. DARDEN: All right. It is not an arrow yet. Okay. Starting at the top of the rug, that would be the area closest to the fireplace, how many patterns down from the top of the rug are the socks located?
# 13 MR. FORD: Looks to me about the fifth pattern down, if you count the border.
# 14 MR. DARDEN: Okay. So the border is one.
# 16 MR. DARDEN: Number two?
# 19 MR. FORD: Go one more. Three, four.
# 21 MR. FORD: Right there, (Indicating).
# 22 MR. DARDEN: Okay. Now, starting from the bottom of the photograph here, which would be to the left of the carpet as you face the fireplace, how many patterns to the right of that edge would you say the socks are located?
# 24 MR. DARDEN: Starting with the border as one?
# 27 MR. FORD: Three, four. Right there, (Indicating).
# 28 MR. DARDEN: Okay. Can we print this, your Honor, 167?
# 31 (Peo's 167-A for id = photograph) # 32 MR. DARDEN: And now let's go back to the video you shot and let's go to the bedroom. While we wait for Mr. Fairtlough, you already told us that you don't own the camera that you used, right?
# 33 MR. FORD: That's correct.
# 34 MR. DARDEN: Okay. And it does have a timer?
# 35 MR. FORD: Yes, it does.
# 36 MR. DARDEN: Were you paying any attention at all to the timer in the video camera?
# 38 MR. DARDEN: Was time an issue for you that day?
# 40 MR. DARDEN: Did it matter to you at all whether the time in the view finder was correct or incorrect?
# 41 MR. FORD: No, it didn't.
# 42 MR. COCHRAN: Object to the form of the question, your Honor.
# 43 THE COURT: Overruled. You can answer.
# 44 MR. FORD: No, it didn't. It didn't matter.
# 45 MR. DARDEN: Okay. So you have told us that the time is one hour off; is that right?
# 47 MR. DARDEN: Let's take a look at the video for a moment.
# 48 THE COURT: All right. This is Defense exhibit 1068.
# 52 THE COURT: Starting at 3:13.
# 53 (At 11:00 A.M., Defense exhibit 1068, a videotape, was played.) # 54 MR. DARDEN: So you are entering the bedroom, right?
# 56 (The videotape continues playing.) # 58 MR. DARDEN: Well, the tracking isn't real great on this system, but you have seen this video before; is that right?
# 60 MR. DARDEN: Okay. Looking at the--at that shot, the shot of the rug and the edge of the bed, the one we just saw here--
# 62 MR. DARDEN: --at 3:13, this shot does not include the portion of the rug that is closest to the bed and below the fifth pattern as you described it, correct?
# 63 MR. FORD: That's correct.
# 64 MR. DARDEN: Okay. So if there was anything at all on that rug, you would not have picked it up in that video shot there, right.
# 65 MR. COCHRAN: I object to the form of that question.
# 66 THE COURT: Rephrase the question. Rephrase the question.
# 67 MR. DARDEN: You didn't pick up anything in this video shot below the second pattern; is that right?
# 68 (No audible response.) # 69 MR. DARDEN: I will ask Mr. Fairtlough to go back for you.
# 70 MR. FORD: It looks closer to the third pattern; that's correct.
KEY QUOTE # 71 MR. DARDEN: Okay. The socks that we saw in 167-A, they were located around the fifth pattern; is that right?
# 73 MR. DARDEN: Okay. We will stop there.
# 74 MR. DARDEN: Okay. You were telling us about the time--the timing on the video camera and you said it is an hour off?
# 76 MR. DARDEN: Okay. But you don't know that for a fact, right?
# 77 MR. FORD: Not for a fact.
# 78 MR. COCHRAN: Object to the form of the question, your Honor. Calls for speculation.
# 79 THE COURT: Rephrase the question.
# 80 MR. DARDEN: Well, when you were being asked questions by Mr. Cochran, you told us that someone told you the camera was an hour off, correct?
# 81 MR. FORD: That's correct.
# 82 MR. DARDEN: So you were relying on that other person, right?
# 84 MR. DARDEN: In fact, you don't know if the camera is an hour off, right?
# 85 MR. COCHRAN: Calls for speculation, your Honor.
# 86 THE COURT: Overruled.
# 87 MR. DARDEN: Correct?
# 88 MR. FORD: That's correct.
# 89 MR. DARDEN: You don't know if the camera is an hour and five minutes off?
# 90 MR. FORD: That's correct.
# 91 MR. DARDEN: Because you never set the timer on this camera, did you?
# 92 MR. FORD: No, I didn't.
# 93 MR. DARDEN: Is it your job to set the timer on this camera?
# 94 MR. FORD: Only by request.
# 95 MR. DARDEN: Anybody make that request of you?
# 97 MR. DARDEN: Did anybody ask you to check the timer in the view finder to make sure it matched with the time on your watch?
# 98 MR. FORD: No, they didn't.
# 99 MR. DARDEN: Daylight savings time, that occurs around April, doesn't it?
# 100 MR. FORD: I believe so.
# 101 MR. DARDEN: Okay. We all adjust our watches, right?
# 102 MR. FORD: Yes, sir.
# 103 MR. DARDEN: Did anybody adjust that video camera in April around daylight savings time?
# 104 MR. FORD: I don't think so.
# 105 MR. DARDEN: Okay. Do you know how to correct the time on that video camera?
# 106 MR. FORD: Yes, I do.
# 107 MR. DARDEN: Okay. But you didn't, did you?
# 108 MR. FORD: No, I didn't.
# 109 MR. DARDEN: That is because it wasn't important to you?
# 110 MR. FORD: That's correct.
# 111 MR. DARDEN: And even though someone told you that the camera was off by an hour, have you ever attempted to determine whether or not the minutes depicted in the view finder were incorrect or correct?
# 112 MR. FORD: No. Just checking with the crime scene log, that is all.
# 113 MR. DARDEN: Okay. You have to rely on the crime scene log?
# 115 MR. DARDEN: You haven't even seen the crime scene log?
# 116 MR. FORD: Just a copy of it.
# 117 MR. DARDEN: Okay. You have seen a copy of it; is that right?
# 118 MR. FORD: Yeah, check-in list.
# 119 MR. DARDEN: Okay. So then that regard you are relying on what someone else wrote on the crime scene log?
# 120 MR. FORD: Yes, sir.
# 121 MR. DARDEN: Okay. Because you didn't write on the crime scene log?
# 122 MR. FORD: That's correct.
# 123 MR. DARDEN: You didn't write the time on that log?
# 124 MR. FORD: That's correct.
# 125 MR. DARDEN: An officer wrote the time on that log?
# 126 MR. FORD: That's correct.
# 127 MR. DARDEN: When you arrived at the scene?
# 128 MR. FORD: Yes, sir.
# 129 MR. DARDEN: Actually it wasn't when you arrived at the scene; it was when you approached the gate at Rockingham, right?
# 131 MR. DARDEN: Okay. And if that officer's watch was off, then the time--
# 132 MR. COCHRAN: Your Honor--that is speculation, your Honor.
# 133 THE COURT: Sustained.
# 134 MR. DARDEN: In any event, the officer didn't ask you for the time before writing the time down on the crime scene log, did he?
# 135 MR. FORD: That's correct.
# 136 MR. DARDEN: And so would it be fair to say that you cannot tell the jury how much or how far off the timing is on this video?
# 137 MR. COCHRAN: Your Honor, I object. It assumes a fact not in evidence.
# 138 THE COURT: Overruled.
# 139 MR. FORD: That's correct.
# 140 MR. DARDEN: But you can tell the jury, however, that the timing is off?
# 141 MR. FORD: Yes, I can.
# 142 MR. DARDEN: Now, you did see Mr. Fung at some point upstairs; is that right?
# 143 MR. FORD: Yes, I did.
# 144 MR. DARDEN: And you had a conversation with him?
# 145 MR. FORD: In passing, yes.
# 146 MR. DARDEN: There were words exchanged?
# 147 MR. FORD: Words exchanged.
# 148 MR. DARDEN: Okay. Did you go into each and every room in that house?
# 149 MR. FORD: Yes, I did.
# 150 MR. DARDEN: Did anyone ever tell you that you were prohibited from going into any room in the house?
# 151 MR. COCHRAN: Hearsay, your Honor. Calls for speculation.
# 152 THE COURT: Overruled. Goes to his instructions.
# 153 MR. FORD: That I was prohibited from going into any room?
# 155 MR. FORD: No, they didn't.
# 156 MR. DARDEN: Did anyone ever tell you that you could not watch any particular procedure being performed by any criminalist?
# 157 MR. FORD: No, they didn't.
# 158 MR. DARDEN: Okay. You told us that one of the detectives told you not to include any audio?
# 159 MR. FORD: That's correct.
# 160 MR. DARDEN: Did you think that was unusual?
# 162 MR. COCHRAN: Object, your Honor. It is irrelevant and immaterial what he thought.
# 163 THE COURT: Overruled.
# 164 MR. FORD: No, it is not unusual.
# 165 MR. DARDEN: Why not?
# 166 MR. FORD: A lot of time they don't want any sound picked up in the background when we are videotaping.
# 167 MR. DARDEN: Okay. But you weren't there to videotape sound anyway; only things, correct.
# 168 MR. COCHRAN: Object. That is leading and suggestive, your Honor.
# 169 THE COURT: Overruled.
# 170 MR. DARDEN: This is cross.
# 171 MR. COCHRAN: Suggestive.
# 172 MR. FORD: This is correct.
# 173 MR. DARDEN: Can I have one moment, your Honor? (Discussion held off the record between the Deputy District Attorneys.)
# 174 MR. DARDEN: Now, was there a point in time that you began to enter the master bedroom?
# 176 MR. DARDEN: And at that time did you see Fung?
# 177 MR. FORD: No. I heard him.
# 178 MR. DARDEN: Okay. Where was he?
# 179 MR. FORD: He was in the master bedroom.
# 180 MR. DARDEN: And did you enter the room at that time?
# 181 MR. FORD: No, I didn't.
# 182 MR. DARDEN: Did you ask him something at that time?
# 184 MR. DARDEN: Did he ask you something?
# 185 MR. FORD: Yes, he did.
# 186 MR. DARDEN: And did you respond verbally?
# 187 MR. COCHRAN: Hearsay, your Honor.
# 188 THE COURT: Overruled.
# 189 MR. DARDEN: Did you respond verbally?
# 190 MR. FORD: Yes, I did.
# 191 MR. DARDEN: You did what Mr. Fung asked you to do?
# 192 MR. FORD: Yes, I did.
# 193 MR. COCHRAN: Assumes a fact not in evidence, that he asked him to do something.
# 194 THE COURT: Sustained. The answer is stricken. The jury is to disregard.
# 195 MR. DARDEN: Did Mr. Fung ask you to do something?
# 197 MR. DARDEN: And you did that?
# 198 MR. FORD: Yes, I did.
# 199 MR. DARDEN: Where did you go at that point?
# 200 MR. FORD: To the next bedroom.
# 201 MR. DARDEN: And that would be the bedrooms that Mr. Cochran as described as being the children's rooms?
# 203 MR. DARDEN: And did you--and you videotaped those rooms?
# 204 MR. FORD: Yes, I did.
# 205 MR. DARDEN: And did you see Mr. Fung again?
# 206 MR. FORD: He was passing back and forth going downstairs and coming back upstairs as I was videotaping, so I saw him in passing. It wasn't a stop and talk to one another.
# 207 MR. DARDEN: Okay. Well, how about the point in time after you videotaped the first children's room, one of the children's rooms?
# 208 MR. FORD: When I--I think I was coming out of the first children's room doing the photographs on the wall in the hallway--
# 209 MR. COCHRAN: Object to any further statement, your Honor.
# 210 THE COURT: Overruled. He can finish the answer.
# 211 MR. FORD: And he saw a video light.
# 212 MR. COCHRAN: Object to this, your Honor.
# 213 THE COURT: Sustained. All right. Ask next question.
# 214 MR. DARDEN: Can I have a moment, your Honor?
# 215 (Discussion held off the record between the Deputy District Attorneys.) # 216 MR. DARDEN: Is there a light on the video camera?
# 217 MR. FORD: Yes, there is.
# 218 MR. DARDEN: And you were walking toward the master bedroom door; is that right?
# 220 MR. DARDEN: Did that light illuminate the doorway?
# 222 MR. DARDEN: And was it at that time that Mr. Fung said something to you?
# 223 MR. FORD: Yes, sir.
# 224 MR. DARDEN: That is when he asked you to do something?
# 225 MR. FORD: Yes. He says, "I'm not ready."
# 226 MR. COCHRAN: Just a moment, your Honor. Hearsay.
# 227 THE COURT: Hold on. Sustained.
# 229 MR. DARDEN: But he did ask you to do something?
# 230 MR. COCHRAN: Asked and answered.
# 231 MR. FORD: Yes, he did.
# 232 THE COURT: Overruled.
# 233 MR. DARDEN: What did you do after Mr. Fung asked you to do something?
# 234 MR. FORD: I went into the next bedroom.
# 235 MR. DARDEN: Did you do what Mr. Fung asked you to do?
# 236 MR. COCHRAN: Object, your Honor. I object. Hearsay.
# 237 THE COURT: Overruled.
# 238 MR. FORD: What was the question again?
# 239 MR. DARDEN: Your Honor, can I--
# 240 THE COURT: Did you do what Mr. Fung asked you to do? Yes or no?
# 241 MR. FORD: Yes, I did.
# 242 MR. DARDEN: There is an issue of subsequent conduct in response, your Honor.
# 243 THE COURT: Proceed.
# 244 MR. DARDEN: May I ask the question?
# 245 THE COURT: No. Proceed.
# 246 (Discussion held off the record between the Deputy District Attorneys.) # 247 MR. DARDEN: Okay. After you did what Fung told you to do, which was--well, strike that. After you did what Fung told you to do, did you return to the bedroom?
# 248 MR. FORD: I returned to the hallway.
# 249 MR. DARDEN: Okay. By the way, was there anything unusual about--in your mind about what Mr. Fung asked you to do.
# 250 MR. COCHRAN: Object, your Honor. Irrelevant and immaterial.
# 251 THE COURT: Overruled.
# 252 MR. FORD: No, there was nothing unusual.
# 253 MR. DARDEN: Nothing sinister about that?
# 255 MR. DARDEN: You returned to the bedroom?
# 256 (Discussion held off the record between the Deputy District Attorneys.) # 257 MR. DARDEN: You returned to the master bedroom after--
# 258 MR. FORD: I was going toward the master bedroom.
# 259 MR. DARDEN: Okay. Did you have the video camera in your possession at that time?
# 260 MR. FORD: Yes, I did.
# 261 MR. DARDEN: Did you see Mr. Fung at that time?
# 262 MR. FORD: I probably saw him pass by me before I turned the video camera back on.
# 263 MR. DARDEN: Okay. Did you see him exit the master bedroom?
# 264 MR. FORD: Yes, I did.
# 265 MR. DARDEN: By the way, did you see any brown paper bags in the house that afternoon?
# 266 MR. FORD: Yes, I did.
# 267 MR. DARDEN: Did you see any in the master bedroom?
# 268 MR. FORD: I don't recall. I probably did, but I don't recall.
# 269 MR. DARDEN: Did you see Mr. Fung carrying any brown paper bags that afternoon?
# 271 MR. DARDEN: Do you recall where he was?
# 272 MR. FORD: Not exactly. He was in the house.
# 273 MR. DARDEN: Okay. And so was it after you saw Mr. Fung exit the master bedroom that you went into the room to videotape?
# 274 MR. FORD: Yes, sir.
# 275 MR. DARDEN: Now, at that point in time did Mr. Fung do anything to stop you from going into the room to videotape?
# 277 MR. DARDEN: Okay. At this point in time--
# 278 MR. COCHRAN: Object to the form of that question, your Honor.
# 279 THE COURT: Overruled.
# 280 MR. DARDEN: Well, you told us that you saw Mr. Fung exit the room and go somewhere, right?
# 282 MR. DARDEN: Then you went into the room and videotaped, right?
# 284 MR. DARDEN: Okay. At this particular point in time, did he do anything to stop you from going into the room?
# 286 MR. DARDEN: Okay. Did you and he speak to each other as you entered the room to videotape at that point in time?
# 287 MR. FORD: Just in passing, yes.
# 288 MR. DARDEN: Did you see anyone in the house that day plant any evidence?
# 289 MR. FORD: Say that again.
# 290 MR. DARDEN: Did you see anybody plant any evidence?
# 291 MR. FORD: No, I didn't.
# 292 MR. DARDEN: Now, you are not a sworn police officer, are you?
# 294 MR. DARDEN: Okay. And you live in this community, don't you?
# 295 MR. FORD: Yes, I do.
# 296 MR. DARDEN: You are under oath. You understand that?
# 297 MR. FORD: Yes, sir.
# 298 MR. DARDEN: If you saw a police officer violating the law, planting evidence, doing anything wrong, anything wrong at all while inside that house, would you tell us?
KEY QUOTE # 299 MR. FORD: Yes, I would.
# 300 MR. DARDEN: You would tell Mr. Cochran, wouldn't you?
# 301 MR. FORD: Yes, I would.
# 302 MR. DARDEN: You would tell Judge Ito?
# 303 MR. FORD: Yes, sir.
# 304 MR. DARDEN: The jury?
# 306 MR. DARDEN: Did you see any police officer do anything wrong inside that house that day?
# 307 MR. COCHRAN: Object to the form of the question.
# 308 THE COURT: Overruled.
# 309 MR. COCHRAN: Conclusionary.
# 310 THE COURT: Overruled.
# 311 MR. DARDEN: Did you?
# 313 MR. DARDEN: Did you see Mr. Fung do anything that you thought was inappropriate that day?
# 314 MR. FORD: No, I didn't.
# 315 MR. DARDEN: Now, you told us that you testified back on March 31st, right?
# 316 MR. FORD: Yes, sir.
# 317 MR. DARDEN: Okay. And Mr. Cochran was here when you testified?
# 318 MR. FORD: Yes, he was.
# 319 MR. DARDEN: And Mr. Cochran asked you questions during that hearing?
# 320 MR. FORD: Yes, he did.
# 321 MR. DARDEN: When was the next time you spoke to Mr. Cochran, that is after March 31st, 1995?
# 322 MR. FORD: Umm, I think it was Tuesday.
# 323 MR. DARDEN: Tuesday of this week?
# 325 MR. DARDEN: When Mr. Cochran spoke to you he asked you questions, right?
# 326 MR. FORD: Yes, sir.
# 327 MR. DARDEN: Did you respond to all those questions?
# 328 MR. FORD: Yes, I did.
# 329 MR. DARDEN: Were you honest with him?
# 330 MR. FORD: Yes, sir.
# 331 MR. DARDEN: Being honest with this jury?
# 332 MR. FORD: Yes, I am.
# 333 MR. DARDEN: Are you telling the truth?
# 334 MR. FORD: Yes, sir.
# 335 MR. DARDEN: Did you ever see Dennis Fung gather or collect any evidence that day?
# 336 MR. FORD: Not gathering, no.
# 337 MR. DARDEN: Okay. And you weren't there to watch him do that, were you?
# 338 MR. FORD: No, I wasn't.
# 340 (Discussion held off the record between the Deputy District Attorneys.) # 341 MR. DARDEN: When you were in my office the other day watching TV--in my office, right?
# 342 MR. FORD: I think that is your office. Patty--
# 343 MR. DARDEN: Okay. Are you talking about--you were with Patty Jo Fairbanks?
# 345 MR. DARDEN: Patty Jo Fairbanks and you were watching TV, right?
# 347 MR. DARDEN: Had you had any word or any order or any directive from Mr. Cochran at all that you should not watch TV?
# 349 MR. DARDEN: Now, you were in my office at some point, right?
# 350 MR. FORD: Yes, I was.
# 351 MR. DARDEN: And you watched some television, right?
# 353 MR. DARDEN: And when you watched television in my office you watched a portion of this video we just saw, right?
# 355 MR. DARDEN: We didn't watch cartoons and other stuff?
# 356 MR. FORD: That's right.
# 357 MR. DARDEN: We didn't watch the trial, did we?
# 359 MR. DARDEN: During the time that you were watching the trial I take it you were watching me down here in court?
# 360 MR. FORD: Yes, sir.
# 361 MR. DARDEN: I wasn't up there with you?
# 363 MR. DARDEN: I couldn't stop you from watching TV at the time, could I?
# 365 MR. COCHRAN: Object, your Honor, axiomatic.
# 366 THE COURT: Sustained.
# 367 MR. DARDEN: Thank you. I'm sorry, did we mark this 167-A already.
# 368 THE COURT: Yes, 167-A.
# 369 MR. DARDEN: Thank you.