Recross-examination of Adalberto Luper

📄 Recross-examination of Adalberto Luper — Thursday, July 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\20\RECROSS-EXAMINATION-OF-ADALBER.DOC

TRIAL

▲ Day 119 of 167

◀ Redirect examination of Adalberto Luper (part 3) Redirect examination of Adalberto Luper (part 2) ▶

Witness: Det. Bert Luper
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, July 20, 1995 • Lines: 94

Darden recrosses Det. Luper to rehabilitate the timeline issues raised on cross, establishing that Luper was not responsible for tracking the exact sequence of evidence collection — that was the criminalists' job. The examination culminates in Darden introducing photographs of a picture frame found beneath OJ Simpson's bed before Simpson returned from Chicago, revealing the photograph inside to be of Nicole Brown Simpson.

# 1 THE COURT:

Mr. Darden.

# 2 MR. DARDEN:

Just a few questions, your Honor.

RECROSS-EXAMINATION BY MR. DARDEN

# 3 MR. DARDEN:

And we are talking about general time frames, aren't we, detective?

# 4 DET. LUPER:

Yes, we are, sir.

# 5 MR. DARDEN:

You weren't checking your watch to see when and the exact time that Mazzola and Fung picked up an item, were you?

# 6 DET. LUPER:

No, sir, I was not.

# 7 MR. DARDEN:

You didn't think that was necessary, did you?

# 8 MR. COCHRAN:

Objection. Leading and suggestive, improper.

# 9 THE COURT:

Overruled. Overruled.

# 10 MR. DARDEN:

You didn't think that was necessary, did you?

# 11 DET. LUPER:

No, I did not, sir.

# 12 MR. DARDEN:

I mean they're the criminalists, right?

# 13 DET. LUPER:

That's correct.

# 14 MR. DARDEN:

It's their job to pick up and collect the biological evidence, right?

# 15 DET. LUPER:

Yes, sir.

# 16 MR. DARDEN:

It's not your job, is it?

# 17 DET. LUPER:

No, sir, it's not.

# 18 MR. DARDEN:

You don't know the exact sequence in which everything was collected, right?

# 19 MR. COCHRAN:

Asked and answered, your Honor.

# 20 THE COURT:

Overruled.

# 21 DET. LUPER:

That's correct.

# 22 MR. DARDEN:

As far as the socks are concerned, you weren't looking for blood on the socks, were you?

# 23 DET. LUPER:

No, sir, I was not.

# 24 MR. DARDEN:

Okay. You didn't want to get too close to the socks, right.

# 25 MR. COCHRAN:

Object to the form of that question, your Honor.

# 26 THE COURT:

Overruled.

# 27 DET. LUPER:

That's correct, sir.

# 28 MR. DARDEN:

Now, you told Mr. Cochran that you looked underneath the bed, right?

# 29 DET. LUPER:

That's correct. Yes, sir.

# 30 MR. DARDEN:

Well--

# 31 MR. DARDEN:

Can I have a moment, your Honor?

# 32 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)

# 33 THE COURT:

Mr. Darden, can we finish sometime today?

KEY QUOTE

# 34 MR. DARDEN:

Sometime this year, your Honor. Can we approach without the reporter for a moment?

KEY QUOTE

# 35 THE COURT:

Do we have to?

# 36 MR. COCHRAN:

I would concur.

# 37 MR. DARDEN:

We don't have to.

# 38 (A conference was held at the bench, not reported.)

# 39 (The following proceedings were held in open court:)

# 40 MR. DARDEN:

Now, detective, I'm going to show you a photograph marked--

# 41 THE COURT:

535 and 536.

# 42 MR. COCHRAN:

Ask that he show the witness first.

# 43 THE COURT:

Yes. Foundation first, please.

# 44 MR. DARDEN:

Detective Luper, showing you 535, you recognize that as the Defendant's bed, right?

# 45 DET. LUPER:

Yes, I do, sir.

# 46 MR. DARDEN:

Is that your hand in the photograph?

# 47 DET. LUPER:

Yeah, it is. No.

# 48 MR. DARDEN:

Okay.

# 49 DET. LUPER:

Sorry.

# 50 MR. DARDEN:

Is that hand smaller than your hand?

# 51 DET. LUPER:

Yeah, it is.

# 52 MR. DARDEN:

Let me show you 536.

# 53 DET. LUPER:

Yes, sir.

# 54 MR. DARDEN:

Okay. You looked underneath the bed, right?

# 55 DET. LUPER:

Yes, sir, I did.

# 56 MR. DARDEN:

And you recovered something or rather you saw something beneath the bed, right?

# 57 DET. LUPER:

That's right. I did.

# 58 MR. DARDEN:

And the thing that you saw beneath the bed is depicted in these two photographs?

# 59 DET. LUPER:

Yes, it is, sir.

# 60 MR. DARDEN:

Okay. And 535.

# 61 DET. LUPER:

The other way around.

# 62 MR. DARDEN:

Okay. Now, you see an object there beneath the bed, detective?

# 63 DET. LUPER:

Yes, sir, I do, sir.

# 64 MR. DARDEN:

That's the object that you saw, right?

# 65 DET. LUPER:

That's correct. I did see that.

# 66 MR. DARDEN:

That object is a picture frame, isn't it?

# 67 DET. LUPER:

Yes, sir.

# 68 MR. DARDEN:

And you pulled that picture frame out from beneath the bed and took a look at it?

# 69 DET. LUPER:

I did, yes, sir.

# 70 MR. DARDEN:

And you had that photographed, didn't you?

# 71 DET. LUPER:

No, I did not have that photographed.

# 72 MR. DARDEN:

Okay. But you now see a photograph of it?

# 73 DET. LUPER:

Yeah, I do see a photograph of it now. Yes, sir.

# 74 MR. DARDEN:

And, detective, when you first saw this item, this picture and picture frame beneath the bed, that was before the Defendant came back from Chicago, wasn't it?

KEY QUOTE

# 75 DET. LUPER:

Yes, sir, it was.

# 76 MR. DARDEN:

That was before he was allowed access to the house, wasn't it?

# 77 DET. LUPER:

Yes, sir, it was.

# 78 MR. DARDEN:

Now, let me show you 535--536. Is that the item, detective? Is that what you found beneath the Defendant's bed?

# 79 DET. LUPER:

Yes, sir, it is.

# 80 MR. DARDEN:

Do you know whether or not that's a wedding picture?

# 81 MR. COCHRAN:

That calls for speculation.

# 82 THE COURT:

Sustained. Move on.

# 83 MR. DARDEN:

Detective, prior to leaving the Defendant's house, you straightened up some, didn't you?

# 84 DET. LUPER:

Yes, I did.

# 85 MR. DARDEN:

You didn't want to leave his house in a mess, did you?

# 86 DET. LUPER:

That was part of it. Yes, sir.

# 87 MR. DARDEN:

Why not?

# 88 MR. COCHRAN:

Your Honor, that's irrelevant and immaterial.

# 89 THE COURT:

Sustained.

# 90 MR. DARDEN:

In any event, you did straighten up, right?

# 91 DET. LUPER:

Yes, I did, sir.

# 92 MR. DARDEN:

And by the way, the woman in the photograph, that's Nicole Brown, isn't it?

KEY QUOTE

# 93 DET. LUPER:

Yes, sir.

# 94 MR. DARDEN:

Thank you.

Temperature

tense

Key Quotes (5)

Christopher Darden

And, detective, when you first saw this item, this picture and picture frame beneath the bed, that was before the Defendant came back from Chicago, wasn't it?

Establishes that Luper first saw the picture and frame beneath the bed before the Defendant returned from Chicago and before he was allowed access to the house.

Christopher Darden

And by the way, the woman in the photograph, that's Nicole Brown, isn't it?

Identifies the woman in the photograph found beneath the Defendant's bed as Nicole Brown.

Lance A. Ito

Mr. Darden, can we finish sometime today?

Captures Judge Ito's impatience with Darden's pace in this exchange and sets up Darden's dry comeback.

Christopher Darden

Sometime this year, your Honor.

A moment of Darden levity in response to the court's question about whether they could finish that day.

Det. Bert Luper

Yeah, it is. No.

Luper's stumbling self-correction when asked if the hand in the photograph was his — small moment of human awkwardness in an otherwise dry examination.

Evidence (3)

People's 535

Photograph depicting OJ Simpson's bed with an object beneath it — a picture frame

introduced and used to confirm Luper's observation

People's 536

Second photograph of the picture frame found beneath OJ's bed, containing a photo of Nicole Brown Simpson

introduced; Darden elicits that the subject of the photo is Nicole Brown

Informal

The socks — Luper confirms he was not examining them for blood and deliberately kept distance from them

discussed

Notable Exchanges (3)

Christopher Darden•Det. Bert Luper

Darden walks Luper through the Nicole Brown photograph found under OJ's bed, ending with the quiet but devastating confirmation of who the woman in the photo is.

strategic and revealing

Lance A. Ito•Christopher Darden

Ito expresses impatience ('Can we finish sometime today?'); Darden responds 'Sometime this year, your Honor' and then asks for an unreported sidebar, to which Ito replies 'Do we have to?' — Cochran concurs with the judge.

light

Christopher Darden•Det. Bert Luper

Darden establishes that Luper was not timing or sequencing the criminalists' evidence collection because that was Fung and Mazzola's job, not his — rehabilitating Luper after cross.

procedural

Light Moments (2)

Christopher Darden

Darden responds to Ito's impatience with 'Sometime this year, your Honor,' then immediately asks for a sidebar — to which Ito says 'Do we have to?' and even Cochran agrees with the judge.

Det. Bert Luper

Luper first said, 'Yeah, it is. No.' Darden then said, 'Okay.' Luper followed with, 'Sorry.'

Credibility Attacks (1)

⚔ Det. Bert Luper

recross rehabilitation

Darden uses recross to establish that Luper was not tracking exact evidence-collection times or sequence and that collecting biological evidence was the criminalists' job, not his.

Objections

5 objections (2 sustained, 3 overruled)

Proceeding 6987 • 94 lines • Defense witness

Criminal Trial

Department 103