📄 Direct examination of Mark Fuhrman (part 1) — Friday, March 10, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\10\DIRECT-EXAMINATION-OF-MARK-FUH.DOC
TRIAL
▲ Day 35 of 167

Direct examination of Mark Fuhrman (part 1)

Witness: Det. Mark Fuhrman
Examiner: Marcia Clark
Called by: Prosecution • Date: Friday, March 10, 1995 • Utterances: 656
Marcia Clark continues the direct examination of Detective Fuhrman, methodically walking him through his handwritten crime scene notes (People's 104) item by item, establishing what he personally observed versus what Officer Riske reported to him. Clark builds a careful record showing Fuhrman was never alone at the Bundy crime scene, traces his movements from the crime scene to the street, and ends with his departure to Rockingham at approximately 5:00 a.m. — including his acknowledgment of the prior 1985 domestic violence call to Simpson's residence.
1 THE COURT:

ALL RIGHT. DETECTIVE FUHRMAN, WOULD YOU PLEASE RESUME THE WITNESS STAND.

MARK FUHRMAN, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

2 THE COURT:

ALL RIGHT. GOOD MORNING, DETECTIVE FUHRMAN.

3 DET. MARK FUHRMAN:

GOOD MORNING, YOUR HONOR.

4 THE COURT:

DETECTIVE, YOU ARE REMINDED YOU ARE STILL UNDER OATH. MISS CLARK, YOU MAY RESUME WITH YOUR DIRECT EXAMINATION.

5 MS. CLARK:

THANK YOU, YOUR HONOR.

6

DIRECT EXAMINATION (RESUMED)

7

BY MS. CLARK:

8 Q:

WHEN WE LEFT OFF, DETECTIVE FUHRMAN, YOU INDICATED THAT YOU WERE WRITING NOTES, ON THE LIVING ROOM COUCH, INSIDE THE CONDOMINIUM AT 875 SOUTH BUNDY. DO YOU RECALL THAT?

9 A:

YES.

10 Q:

ALL RIGHT. NOW, BEFORE YOU BEGAN -- YOU ENTERED THE HOUSE AT A POINT TO SIT DOWN AND WRITE YOUR NOTES, WAS THERE ANY POINT YOU WERE AT THE CRIME SCENE UP UNTIL THAT TIME THAT YOU WERE ALONE?

11 A:

NO.

12 Q:

WHO WERE YOU WITH FROM THE MOMENT YOU ARRIVED AT 875 SOUTH BUNDY WITH -- IN THE COMPANY OF DETECTIVE PHILLIPS IN HIS CAR, WHO WERE YOU WITH?

13 A:

DETECTIVE PHILLIPS.

14 Q:

OKAY. AFTER -- WHEN YOU ARRIVED AT 875 SOUTH BUNDY WHO DID YOU MEET?

15 A:

SERGEANT ROSSI AND OFFICER RISKE.

16 Q:

OKAY. WHO WAS IT THAT TOOK YOU UP TO -- UP THROUGH THE SHRUBBERY UP THE FRONT WALKWAY TO LOOK AT THE CRIME SCENE?

17 A:

OFFICER RISKE.

18 Q:

WAS DETECTIVE PHILLIPS WITH YOU AS WELL?

19 A:

YES.

20 Q:

AND AFTER THAT POINT YOU WENT -- I BELIEVE YOU INDICATED YOU WENT AROUND THROUGH THE BACK AND ENTERED THROUGH THE GARAGE; IS THAT CORRECT?

21 A:

THAT'S CORRECT.

22 Q:

AND WHEN YOU DID SO, WHO WAS WITH YOU?

23 A:

OFFICER RISKE AND DETECTIVE PHILLIPS.

24 Q:

AND AS YOU WALKED THROUGH THE HOUSE AND STEPPED DOWN ON THE LANDING TO LOOK AT THE CRIME SCENE, WHO WAS WITH YOU?

25 A:

OFFICER RISKE AND DETECTIVE PHILLIPS.

26 Q:

AND WHEN YOU STEPPED OUT THE FRONT DOOR AND WALKED DOWN THE WALKWAY FOLLOWING THE BLOODY SHOEPRINTS OUT TO THE ALLEY, WHO WAS WITH YOU?

27 A:

OFFICER RISKE AND DETECTIVE PHILLIPS.

28 Q:

AND WHEN YOU EXITED THE REAR GATE AND WENT OUT TO THE DRIVEWAY AND OBSERVED THE BLOOD DROP AND THE CHANGE, WHO WAS WITH YOU?

29 A:

OFFICER RISKE AND DETECTIVE PHILLIPS.

30 Q:

WHEN YOU WENT BACK TO RE-ENTER THE LOCATION, TO RE-ENTER THE CONDOMINIUM, WHERE DID OFFICER RISKE AND DETECTIVE PHILLIPS GO?

31 A:

I BELIEVE THEY WALKED BACK TO DOROTHY.

32 Q:

OKAY. AT THAT POINT HOW LONG HAD YOU BEEN AT THE CRIME SCENE?

33 A:

MAYBE FIFTEEN MINUTES AT THE MOST.

34 Q:

OKAY. AND WHAT WERE YOU WEARING AT THAT TIME?

35 A:

A BLUE BLAZER, TAN SLACKS, WHITE SHIRT.

36 Q:

OKAY. YOU THEN WENT INTO THE CONDOMINIUM; IS THAT CORRECT?

37 A:

YES.

38 Q:

WHERE DID YOU GO TO?

39 A:

THE COUCH DIRECTLY TO THE RIGHT OR THE SOUTH OF THE FRONT DOOR.

40 Q:

WHEN YOU SAT ON THAT COUCH, WAS THE FRONT DOOR OPEN, SIR?

41 A:

YES.

42 Q:

WAS THERE ANYONE OUTSIDE THE LOCATION ON THE LANDING AT THAT TIME?

43 A:

NO.

44 Q:

AND WHEN YOU SAT DOWN TO BEGIN WRITING YOUR NOTES, WAS THAT THE FIRST TIME THAT YOU WERE SEPARATED FROM DETECTIVE PHILLIPS AND OFFICER RISKE?

45 A:

YES.

46 Q:

AND AT THAT POINT HAD THE GLOVE AND THE CAP UNDERNEATH THE BUSH ALREADY BEEN POINTED OUT TO YOU FROM THE FRONT GATE AREA AND THEN AGAIN FROM THE LANDING AREA OUTSIDE THE FRONT DOOR BY OFFICER RISKE?

47 A:

YES.

48 Q:

NOW, YOU SAT DOWN TO WRITE YOUR NOTES AND WE WERE GOING THROUGH THOSE NOTES YESTERDAY.

49

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) Q: BY MS. CLARK: WE HAD FINISHED PAGE 1 -- WE HADN'T QUITE FINISHED PAGE 1, ACTUALLY.

50 THE COURT:

I THINK WE WERE AT ITEM 3.

51 MS. CLARK:

ITEM 4? I'M SORRY.

52 THE COURT:

I THINK WE FINISHED ITEM 3.

53 MS. CLARK:

WE FINISHED ITEM 3. THANK YOU, YOUR HONOR.

54 THE COURT:

I THINK.

55 MS. CLARK:

YOU ARE RIGHT.

56 MR. FAIRTLOUGH:

1, PLEASE.

57 Q:

BY MS. CLARK: NOW, THESE NOTES, SIR, CAN YOU TELL US WERE THESE MEANT TO BE YOUR FINAL AND DEFINITIVE NOTE AS THE INVESTIGATING OFFICER AT THAT TIME FOR THIS CRIME SCENE?

58 A:

NO. THIS WAS THE FIRST ROUND OF NOTES.

59 Q:

OKAY. AND WHEN YOU SAY "THE FIRST ROUND OF NOTES," SIR, CAN YOU EXPLAIN A LITTLE BIT MORE WHAT YOU MEAN BY THAT?

60 A:

MOST OF THESE NOTES WERE WHAT OFFICER RISKE WAS POINTING OUT TO DETECTIVE PHILLIPS AND MYSELF, AND WHAT I OBSERVED.

61 Q:

WHAT DID YOU INTEND TO DO -- WERE THESE NOTES ROUGH NOTES?

62 A:

YES.

63 Q:

WHAT DID YOU INTEND TO DO WITH THESE NOTES LATER ON?

64 A:

USED THEM TO GO BACK TO THESE AREAS AND USE THEM AS A GUIDE IN WHAT TO GO BACK TO AND PRIORITIZE THEM.

65 Q:

OKAY. I THINK YOU INDICATED EARLIER THAT THE ITEM NUMBERS THAT YOU HAVE ON THIS LIST, 1, 2, 3, 4, ET CETERA, THAT EACH NUMBER WOULD BE REFERENCED LATER ON IN A MORE FULL DETAILED REPORT?

66 A:

YES.

67 Q:

AND HOW WOULD YOU DO THAT? WHAT WOULD YOU DO?

68 A:

WELL, TAKING NOTES AT THE SCENE, IF IT WOULD HAVE GONE BEYOND THIS POINT, I WOULD HAVE, AS AN EXAMPLE, ITEM 3, I WOULD HAVE PUT AT THE TOP OF THE PAGE. I WOULD HAVE WROTE ANY NOTES I WANTED ABOUT ITEM 3. IF IT WAS THREE PAGES, IT WOULD HAVE BEEN PAGE 1, 2, 3, AND AT THE BOTTOM, AND THEN I WOULD KNOW THAT THAT WAS THAT OBSERVATION OR THAT POINT THAT OFFICER RISKE POINTED OUT AND I WOULD BE ABLE TO ORGANIZE IT SOMEWHAT LIKE THAT.

69 MS. CLARK:

OKAY.

70 THE COURT:

ALL RIGHT. FOR THE RECORD, MISS CLARK, WE ARE REFERRING TO PAGE 1, ITEMS 3 AND 4 OF PEOPLE'S 104.

71 MS. CLARK:

CORRECT.

72 Q:

BUT YOUR OBSERVATIONS, SIR, CONCERNING WHAT YOU -- WELL, YOUR DESCRIPTION OF WHAT YOU WOULD DO WITH THESE ITEMS, DOES THAT PERTAIN TO ALL OF THE ITEMS ON THE NOTES THAT WE ARE GOING THROUGH NOW?

73 A:

YES.

74 Q:

NOW, YOU INDICATED THAT YOU BRIEFLY WENT UPSTAIRS AND SAW THE BEDROOMS YESTERDAY. DO YOU RECALL THAT?

75 A:

YES.

76 Q:

DID YOU SEE ROOMS THAT APPEARED TO BE CHILDREN'S ROOMS?

77 A:

I DID, BUT I DON'T RECALL EXACTLY ANYTHING ABOUT THEM.

78 Q:

DID YOU KNOW WHAT -- DID YOU ASK WHAT HAPPENED TO THE CHILDREN OR WHERE THEY WERE OR DID YOU KNOW ALREADY?

79 A:

OFFICER RISKE INFORMED ME THAT THERE WERE TWO CHILDREN IN THE HOUSE AND THEY HAD BEEN TAKEN TO WEST L.A. STATION.

80 Q:

SO BY THE TIME YOU GOT THERE YOU KNEW THEY WERE ALREADY TAKEN CARE OF?

81 A:

YES.

82 Q:

AND DID HE TELL YOU THAT AS SOON AS YOU ARRIVED AT THE SCENE?

83 A:

I BELIEVE IT WAS THE INITIAL EXPLANATION OF WHAT HAD TRANSPIRED BEFORE WE WALKED IN THE SCENE, YES.

84 Q:

NOW, WAS OFFICER RISKE THE ONLY ONE THAT POINTED THINGS OUT TO YOU, SIR, OR WERE THERE OTHER OFFICERS THAT POINTED THINGS OUT WHEN YOU ARRIVED AT 875 SOUTH BUNDY?

85 A:

JUST OFFICER RISKE.

86 Q:

SO YOU SAT DOWN AND YOU BEGAN TO WRITE THESE NOTES ON THE LIVING ROOM COUCH AND I THINK WE LEFT OFF AT 4. AND YOU WERE DISCUSSING WITH US, SIR, THE FACT THAT YOU SAW NO EVIDENCE OF RANSACKING?

87 A:

YES.

88 Q:

WAS THAT IMPORTANT TO YOU?

89 A:

YES.

90 Q:

AND TELL US WHY.

91 A:

INITIALLY I WAS CONCERNED THAT POSSIBLY THE HOUSE WAS PART OF THE CRIME SCENE AND I WAS LOOKING FOR EVIDENCE THAT WOULD GIVE ME ANY INDICATION OF THAT.

92 Q:

AND DID YOU FIND ANY?

93 A:

NO, NOT IN THE FIRST WALK THROUGH.

94 Q:

NOW, YOU FOUND "THE STEREO WAS PLAYING AND THE LIGHTS WERE LOW, THE CANDLES WERE LIT IN THE LIVING ROOM AND IN THE UPSTAIRS BATHROOM" ACCORDING TO YOUR NOTES?

95 A:

YES.

96 Q:

DID THAT INDICATE TO YOU ANYTHING TO YOU IN TERMS OF INFORMATION USEFUL TO THE INVESTIGATION OF THESE MURDERS?

97 A:

AT THAT POINT I WOULD CONCLUDE THAT SOMEONE WAS HOME AT THAT TIME AND SOMEONE WAS PREPARING POSSIBLY TO TAKE A BATH, SOMEONE WAS LISTENING TO MUSIC.

98 MS. CLARK:

NEXT PAGE.

99 Q:

THIS IS THE SECOND PAGE OF YOUR NOTES, SIR. DO YOU RECOGNIZE THESE NOTES?

100 A:

YES. THE NUMBERS ARE CUT OFF. THERE, THERE.

101 Q:

THERE WE GO.

102 A:

GOOD.

103 Q:

ITEM NO. 5 YOU INDICATE, "THERE IS A HANDWRITTEN NOTE ON THE UPSTAIRS COFFEE TABLE" WHICH YOU QUOTE AS "CARA WITH A PHONE NUMBER, CALIFORNIA PIZZA KITCHEN"?

104 A:

YES.

105 Q:

AND WHERE DID YOU SEE THAT?

106 A:

THERE IS AN UPSTAIRS -- I THINK IT WOULD BE DESCRIBED BEST AS A FAMILY ROOM AND I BELIEVE IT WAS ABOVE THE GARAGE. I THINK YOU STEPPED UP FROM THE KITCHEN AREA OR THAT HALL AREA, BUT IT WAS ON THE COFFEE TABLE.

107 Q:

AND THE PIZZA MENU BY THE FEMALE VICTIM'S LEFT LEG. DO YOU RECALL -- CAN YOU TELL US -- DID YOU BEND DOWN AND ACTUALLY READ THAT IT WAS A PIZZA MENU OR WAS THAT AT FIRST GLANCE DESCRIPTION?

108 A:

I THINK THAT WAS AT FIRST GLANCE THAT IS WHAT I THOUGHT IT WAS.

109 MS. CLARK:

OKAY.

110 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
111 MS. CLARK:

YOUR HONOR, THE --

112 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS PEOPLE'S 80.

113 THE COURT:

PEOPLE'S 80.

114 MR. FAIRTLOUGH:

WE NEED TO CUT THE FEED FOR THIS PHOTO.

115 THE COURT:

I HAVE.

116 MR. FAIRTLOUGH:

2, PLEASE.

117 Q:

BY MS. CLARK: ALL RIGHT. SHOWING YOU PEOPLE'S 80, SIR, CAN YOU TELL US IF YOU RECOGNIZE WHAT IS SHOWN IN THIS PHOTOGRAPH?

118 A:

I HAVEN'T SEEN THIS SINCE JUNE 13TH, BUT THAT LOOKS ABOUT THE SAME LOCATION. I CAN'T TELL WHAT THE WRITING IS, BUT THAT APPEARS TO BE WHAT I SAW AT HER FEET, YES.

119 Q:

OKAY. DOES THAT APPEAR TO BE WHAT YOU WERE ATTEMPTING TO DESCRIBE IN ITEM 5 OF YOUR NOTES?

120 A:

YES.

121 MR. FAIRTLOUGH:

1, PLEASE.

122 Q:

BY MS. CLARK: OKAY. ITEM 6, THAT WAS THE ICE CREAM THAT YOU WERE DESCRIBING?

123 A:

YES.

124 Q:

YOU INDICATE IN THIS THAT IT SAYS, "NOT YET MELTED WHEN OFFICER RISKE ENTERED THE RESIDENCE"?

125 A:

YES.

126 Q:

OKAY. IS THAT SOMETHING THAT WAS TOLD TO YOU BY OFFICER RISKE?

127 A:

YES.

128 Q:

AND WHAT WAS IT THAT HE INDICATED TO YOU WITH RESPECT TO THE CONDITION OF THAT ICE CREAM THAT YOU OBSERVED?

129 A:

THE BEST I CAN REMEMBER IT WAS JUST THAT IT APPEARED THAT IT HADN'T MELTED YET OR IT WAS IN THE PROCESS, BUT I DON'T KNOW HOW HE WOULD HAVE CONCLUDED THAT.

130 Q:

NOW, WHEN YOU SAW THE ICE CREAM TWO HOURS LATER, YOU EARLIER INDICATED TO US THAT IT STILL LOOKED LUMPY TO YOU?

131 A:

YES.

132 Q:

AND WHAT COLOR DID IT APPEAR TO BE?

133 A:

TAN, LIGHT BROWN.

134 Q:

DID THAT ICE CREAM HAVE ANY PARTICULAR EVIDENTIARY SIGNIFICANCE TO YOU?

135 A:

ONLY IN THAT THE HOUSE WAS SO NEAT, IT SEEMED TO BE THE ONLY ITEM OF FOOD OR ANYTHING THAT LOOKED -- THAT I WOULD SAY LOOKED OUT OF PLACE, BEING AN INTRUDER INTO THE HOUSE, IN OTHER WORDS, NEVER BEING IN THE HOUSE BEFORE.

136 Q:

YOU BEING THE INTRUDER THAT IS?

137 A:

YES. YES, MA'AM.

138 Q:

OKAY. ITEM 7, "CHILDREN, TWO, SLEEPING IN UPSTAIRS BEDROOM AWOKEN BY OFFICERS." WAS THAT INFORMATION GIVEN TO YOU BY ANOTHER OFFICER?

139 A:

YES.

140 Q:

BY?

141 A:

OFFICER RISKE.

142 MS. CLARK:

OKAY.

143 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
144 Q:

BY MS. CLARK: OKAY. ITEM NO. 8, WAS THAT SOMETHING YOU OBSERVED, SIR?

145 A:

NO. OFFICER RISKE TOLD ME THAT.

146 Q:

WERE YOU ABLE TO OBSERVE IT FROM YOUR VANTAGE POINT, EITHER AT THE FRONT GATE OF THE WALKWAY WHEN YOU WERE WITH OFFICER RISKE AND DETECTIVE PHILLIPS, OR FROM THE LANDING OUTSIDE THE FRONT DOOR WHERE YOU OBSERVED THE CRIME SCENE IN THE COMPANY OF OFFICER RISKE AND DETECTIVE PHILLIPS?

147 A:

NO. I DID NOT OBSERVE THAT FROM THAT LOCATION.

148 Q:

SO THAT WAS INFORMATION GIVEN TO YOU BY OFFICER RISKE?

149 A:

YES.

150 Q:

ITEM NO. 9. THOSE WERE THE BLOODY SHOEPRINTS THAT YOU DESCRIBED TO US EARLIER?

151 A:

YES.

152 Q:

WAS THAT SOMETHING THAT YOU PERSONALLY OBSERVED?

153 A:

YES.

154 Q:

AND WAS IT ALSO POINTED OUT TO YOU BY OFFICER RISKE?

155 A:

YES, IT WAS.

156 Q:

ITEM NO. 10, CAN YOU TELL US WHAT YOU WERE REFERRING TO IN THAT ITEM?

157 A:

YES, A CANVASS IS THE TERM WE USE TO DESCRIBE OFFICERS GOING TO NEIGHBORS, LOCATIONS AROUND THE CRIME SCENE, TO SEE IF THEY HEARD OR SAW ANYTHING AT ANY TIME DURING THE EVENING THAT COULD HAVE LED UP TO THE TIME OF THE MURDERS.

158 Q:

AND AS OF THE TIME YOU WERE WRITING THOSE NOTES DID YOU HAVE ANY INFORMATION FROM ANY OF THE NEIGHBORS NEARBY ABOUT WHAT MAY HAVE TRANSPIRED THAT NIGHT?

159 A:

NONE.

160 Q:

SO YOU HAD NO IDEA THEN AT THE POINT -- AT THAT POINT WHETHER THERE WERE ANY EYEWITNESSES OR EAR WITNESSES, PEOPLE WHO MAY HAVE HEARD THINGS OR SEEN THINGS, THAT MAY HAVE BEEN RELEVANT TO THE MURDERS?

161 A:

I HAD NO KNOWLEDGE OF ANY, NO.

162 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
163 Q:

BY MS. CLARK: ALL RIGHT. ITEM NO. 11, "AKITA DOG FOUND RUNNING LOOSE BELONGS TO VICTIM FEMALE." CAN YOU TELL US WHAT YOU ARE REFERRING TO THERE AND WHO GAVE YOU THAT INFORMATION?

164 A:

THAT WAS FROM OFFICER RISKE.

165 Q:

AND -- OKAY. THAT WAS SOMETHING THAT HE INFORMED YOU OF?

166 A:

YES.

167 Q:

WHEN YOU ARRIVED AT THE SCENE?

168 A:

YES.

169 Q:

AND DID YOU SEE A DOG WHEN YOU ARRIVED AT THE SCENE, SIR?

170 A:

I DID NOT, NO, MA'AM.

171 Q:

AND ITEM NO. 12, "NEITHER VEHICLE, WHITE FERRARI, BLACK CHEROKEE IN GARAGE REAR PARKING WERE WARM TO TOUCH." WAS THAT YOUR PERSONAL OBSERVATION, SIR, THAT YOU ARE DESCRIBING THERE?

172 A:

NO, IT WAS OFFICER RISKE.

173 Q:

TELL US, IS THAT SOMETHING COMMONLY DONE, TO GO AND TOUCH THE HOODS OF THE VEHICLES AT A CRIME SCENE?

174 A:

YOU WOULD WANT TO. IT COULD ESTABLISH SOME TYPE OF A TIME.

175 Q:

A TIME FOR?

176 A:

THE LAST TIME THE VEHICLE WAS USED.

177 Q:

OKAY. AND WOULD THAT HELP -- WHAT KIND OF TIME FRAME WOULD THAT HELP YOU WITH? WHAT WOULD BE THE SIGNIFICANCE IF THE CAR HAD JUST BEEN DRIVEN?

178 A:

THE LAST TIME THE VEHICLE WAS DRIVEN, IT COULD INDICATE HOW MANY HOURS THE VEHICLE HAD BEEN AT THE LOCATION AFTER IT WAS DRIVEN, OR A BALLPARK.

179 Q:

UH-HUH. SO WOULD THAT BE AN INDICATION TO YOU, SIR, OF WHEN THE VICTIM WAS LAST ALIVE, ANOTHER INDICATION TO YOU?

180 A:

IT COULD.

181 Q:

ALL RIGHT. THIS IS THE THIRD PAGE OF YOUR NOTES, SIR?

182 A:

YES.

183 Q:

ITEM NO. 13, "AT THE REAR GATE ON THE NORTH SIDE OF THE RESIDENCE." IS THAT NORTH? "N SLASH S"; IS THAT RIGHT?

184 A:

NORTH SIDE.

185 Q:

"TWO BLOOD SPOTS AT THE BOTTOM INSIDE OF THE GATE." IS THAT WHAT YOU DESCRIBED AS HAVING SEEN IN YOUR TESTIMONY EARLIER YESTERDAY?

186 A:

YES, IT IS.

187 Q:

NOW, WHEN YOU SAY, "THIS AREA MIGHT HAVE BEEN WHERE DOG WAS KEPT," WHEN YOU SAY "THIS AREA," WHAT DO YOU MEAN?

188 A:

THE PATHWAY ON THE NORTH SIDE OF THE RESIDENCE, IT HAD GATES AT BOTH ENDS, AND SINCE THE DOG WAS LOOSE AND I HAD ALREADY BEEN TOLD THAT, I JUST MADE A NOTE THAT THIS COULD BE THE AREA THAT THE DOG WAS KEPT. IN OTHER WORDS, IF IT DIDN'T LIVE IN THE HOME.

189 Q:

OKAY. WHEN YOU SAY THE NORTH -- THE NORTH SIDE OF THE HOUSE, YOU MEAN THAT WALKWAY THAT LEADS FROM THE FRONT OF THE RESIDENCE TO THE REAR ALLEY?

190 A:

YES.

191 Q:

OKAY. AND YOU WERE SPECULATING TO YOURSELF THAT MIGHT BE WHERE THE DOG WAS KEPT?

192 A:

YES, MA'AM.

193 Q:

AND THEN IT SAYS, "SUSPECT RAN THROUGH THIS AREA. SUSPECT POSSIBLY BITTEN BY DOG," QUESTION MARK. WHEN YOU SAY "SUSPECT RAN THROUGH THIS AREA," THAT WAS BASED ON WHAT?

194 A:

WELL, THERE WAS THE BLOODY SHOEPRINTS --

195 Q:

UH-HUH.

196 A:

-- WESTBOUND AWAY FROM THE LANDING AND THE VICTIMS. THERE WAS BLOOD DROPS TO THE LEFT OF THOSE SHOEPRINTS. I PUT THAT IN MY NOTES TO MAKE MYSELF REMEMBER THAT A DOG WAS PROBABLY IN THAT AREA AND FOR MYSELF TO WONDER IF MAYBE THE DOG BIT THE SUSPECT.

197 Q:

OKAY. SO THAT WAS JUST YOUR SPECULATION THEN, POSSIBLY BITTEN BY THE DOG?

198 A:

YES, MA'AM. THAT IS WHY I PUT A QUESTION MARK THERE.

199 Q:

OKAY. NO ONE HAD TOLD YOU THAT, IN OTHER WORDS?

200 A:

NO.

201 Q:

ITEM NO. 14, "THE REAR GATE, POSSIBLE BLOOD SMUDGE ON UPPER RAIL OF GATE."

202 A:

YES.

203 Q:

AND IS THAT WHAT YOU DESCRIBED TO US AS HAVING SEEN EARLIER IN YOUR TESTIMONY YESTERDAY?

204 A:

YES.

205 Q:

AND WHEN YOU SAY, "THE UPPER RAIL OF THE GATE," CAN YOU TELL US WHAT YOU MEAN BY THAT? DESCRIBE THE AREA YOU ARE TALKING ABOUT.

206 A:

YES. THE GATE IS COMPRISED OF LARGE TWO-INCH TUBING THAT APPEARED TO BE BENT AND INTO NINETY DEGREES TO CREATE THE OUTSIDE -- OUTSIDE OF THE GATE AND THEN SOME TYPE OF SECURITY MESH AND RAIL IN THE MIDDLE, AND THAT LARGE TUBULAR PART OF THE GATE IS WHERE THE SMUDGE WAS ON TOP.

207 MS. CLARK:

OKAY.

208

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) Q: BY MS. CLARK: ITEM NO. 15, YOU HAVE, "REAR GATE INSIDE, DEAD BOLT TURN KNOB TYPE," AND WHAT ARE YOU DESCRIBING THERE, SIR?

209 A:

THE TYPE OF CONVENTIONAL KNOB ON THE WEST SIDE OF THE GATE IS A LOCKING MECHANISM AND ON THE INSIDE OF THE GATE WOULD BE A TURN KNOB. IN OTHER WORDS, THE KEY WOULD BE USED ON THE EXTERIOR AND A TURN KNOB. IF YOU ARE IN THE INSIDE, YOU WOULD NOT NEED A KEY, YOU WOULD JUST TURN A KNOB, SIMILAR TO A DEAD BOLT STYLE ON A HOUSE.

210 Q:

OKAY. DID OFFICER RISKE TELL YOU IN WHAT CONDITION HE FOUND THAT GATE WHEN HE FIRST RESPONDED TO THE CRIME SCENE?

211 A:

I DON'T RECALL IF HE TOLD US. I SAW THAT IT WAS OPEN.

212 Q:

OKAY. AND WHEN YOU FIRST WALKED THROUGH THAT REAR GATE FOR THE FIRST TIME WITH OFFICER RISKE AND DETECTIVE PHILLIPS, WAS IT STANDING OPEN, SIR, OR WAS IT PROPPED OPEN?

213 A:

IT WASN'T WIDE OPEN, BUT IT WAS OPEN MAYBE SEVERAL INCHES.

214 Q:

OKAY.

215 A:

TO A FOOT, I SUPPOSE.

216 Q:

SO DID IT HAVE TO BE PUSHED IN ORDER FOR YOU TO EXIT? DID OFFICER RISKE PUSH IT OPEN WHEN YOU EXITED?

217 A:

IT MIGHT HAVE BEEN PUSHED OPEN WITH A PEN OR A FLASHLIGHT. IT WASN'T PUSHED OPEN WITH THE BARE HAND.

218 Q:

OKAY. AND THEN YOU SAID HERE, "POSSIBLE BLOOD SMUDGE AND VISIBLE FINGERPRINT." CAN YOU DESCRIBE WHAT YOU WERE TALKING ABOUT THERE? I BELIEVE YOU ADDRESSED THAT EARLIER IN YOUR TESTIMONY. CAN YOU DESCRIBE WHAT IT WAS THAT YOU SAW THAT CAUSED YOU TO WRITE THAT?

219 A:

YES. ON THE INSIDE WHERE I DESCRIBED THE DEAD BOLT STYLE LOCK ON THE INSIDE OR THE EAST SIDE OF THE GATE, THE -- ON THE TURN -- TURN KNOB THERE LOOKED -- IT IS BRASS, BRASS-PLATED, IT LOOKED TO BE BLOOD SMUDGE ON THAT LEADING TO WHAT I SAW MIGHT BE A POSSIBLE FINGERPRINT OR A PARTIAL FINGERPRINT.

220 Q:

OKAY. AND SO YOU MADE A NOTE OF THAT?

221 A:

YES.

222 Q:

OKAY. ITEM NO. 16, "BLOODY PAW PRINTS OF LARGE DOG LEADING FROM THE RESIDENCE SOUTHBOUND ON THE SIDEWALK APPROXIMATELY SIXTY FEET SOUTH OF THE RESIDENCE." CAN YOU TELL US WHAT YOU ARE DESCRIBING THERE?

223 A:

YES. COMING OUT OF THE FRONT OF THE WALKWAY WHERE ALL THE BLOOD WAS -- WAS FLOWING DOWN TOWARDS THE SIDEWALK, THERE WAS CANINE PAW PRINTS LEADING SOUTHBOUND ON THE WALK TOWARDS DOROTHY AND I APPROXIMATED THAT THE PAW PRINTS WERE VISIBLE FOR SIXTY FEET.

224 Q:

OKAY. AND THAT WAS YOUR PERSONAL OBSERVATION, SIR?

225 A:

YES, IT WAS.

226 Q:

AND ITEM 17 YOU WROTE, "SKI MASK, ONE GLOVE BY FEET OF MALE VICTIM." AND AGAIN CAN YOU TELL US, WAS THAT YOUR PERSONAL OBSERVATION?

227 A:

YES, IT WAS, BOTH DIRECTED BY OFFICER RISKE AND MY PERSONAL OBSERVATION.

228 Q:

SO THAT WAS A COMBINATION OF OFFICER RISKE'S INFORMATION TO YOU AND YOUR OWN PERSONAL OBSERVATION?

229 A:

YES.

230 Q:

AND THE SKI MASK THAT YOU REFER TO, SIR, UMM --

231 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
232 MS. CLARK:

I'M SORRY. MY -- I'M MISSING JONATHAN.

233 THE COURT:

THAT IS ALL RIGHT.

(BRIEF PAUSE.) MS. CLARK: THIS IS PEOPLE'S 54 SUB (2), YOUR HONOR.

234 THE COURT:

ALL RIGHT.

235 Q:

BY MS. CLARK: YOU DESCRIBED IN YOUR NOTES, SIR, ITEM NO. 17, THE SKI MASK. BASED ON YOUR OBSERVATION AT THAT TIME, WAS THAT -- LET ME ASK YOU THIS: HAD YOU GONE UP TO AND HELD IT AND LOOKED AT IT WHEN YOU WROTE THAT NOTE, SIR?

236 A:

NO, I DID NOT.

237 Q:

WHAT KIND OF OBSERVATION DID YOU HAVE OF THE OBJECT YOU WERE DESCRIBING AT THE TIME YOU WROTE THAT NOTE, ITEM 17?

238 A:

WELL, IT APPEARED TO BE WHAT I USUALLY DESCRIBE AS A SKI CAP OR A SKI MASK AND IT LOOKED DULL, CLOTH AND THAT IS WHAT I CONCLUDED IT COULD POSSIBLY BE, AND THE GLOVE WAS FAIRLY OBVIOUS, THAT IT APPEARED TO BE A LEATHER TYPE GLOVE.

239 Q:

SO AT THE POINT THAT YOU WROTE THAT NOTE, YOU HAD NOT WALKED UP INTO THE CRIME SCENE AND STEPPED UP TO THE BUSH TO LOOK AT IT?

240 A:

NO, I HADN'T.

241 Q:

THE PHOTOGRAPH THAT WE SHOWED YOU YESTERDAY OF YOU POINTING TO THE ITEMS UNDERNEATH THAT BUSH, WHEN WAS THAT TAKEN, SIR?

242 A:

I BELIEVE THAT WAS SOMEWHERE AROUND 7:00 OR 7:15 THAT MORNING.

243 Q:

AT THAT POINT, SIR, HAD YOU ALREADY BEEN TO ROCKINGHAM AND COME BACK TO BUNDY?

244 A:

YES, MA'AM.

245 Q:

SO AT THE POINT THAT YOU WROTE THE SKI MASK, HOW CLOSE HAD YOU GOTTEN TO THAT ITEM?

246 A:

NO CLOSER THAN THE LANDING WHERE I OBSERVED THE TWO VICTIMS FROM WHERE THE FIRST SHOEPRINT --

247 Q:

THAT WAS THE CLOSEST OBSERVATION YOU HAD AT THAT POINT?

248 A:

YES.

249 THE COURT:

MISS CLARK, YOU MADE REFERENCE TO A PHOTOGRAPH WHERE DETECTIVE FUHRMAN WAS POINTING. DO YOU KNOW WHICH EXHIBIT THAT WAS? I'M JUST SUGGESTING TO CLEAR THAT UP IN THE RECORD LATER.

250 MS. CLARK:

YES.

251 THE COURT:

ALL RIGHT.

252 THE CLERK:

55.

253 THE COURT:

55. CONSENSUS SEEMS TO BE PEOPLE'S 55.

254 MS. CLARK:

YES. PEOPLE'S 55.

255 THE COURT:

THE JURORS SAY 55.

256 MS. CLARK:

THE JURORS SAID IT WAS 55? THANK YOU.

257 Q:

OKAY. SO ITEM NO. 17 IS BASED ON YOUR OBSERVATION OF THESE TWO ITEMS THAT YOU GOT A LOOK AT FROM THE VANTAGE POINT OF THE GATE WITH OFFICER RISKE AND DETECTIVE PHILLIPS AND FROM THE LANDING WITH OFFICER RISKE AND DETECTIVE PHILLIPS?

258 A:

YES, MA'AM.

259 MS. CLARK:

OKAY.

260 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
261 Q:

BY MS. CLARK: ALL RIGHT. SO YOU GOT AS FAR AS ITEM NO. 17 DOCUMENTING YOUR OBSERVATION OF A SKI MASK, ONE GLOVE BY THE FEET OF THE MALE VICTIM. HAD YOU COMPLETED YOUR NOTES AT THAT POINT? WERE YOU ALL DONE?

262 A:

NO.

263 Q:

WHAT HAPPENED TO INTERRUPT YOU?

264 A:

WELL, BEFORE -- WHILE I WAS STILL WRITING MY NOTES, DETECTIVE ROBERTS ENTERED, HE HAD JUST ARRIVED ON SCENE AND HE CAME INTO THE -- INTO THE LIVING ROOM, HE WAS DIRECTED BY DETECTIVE PHILLIPS, AND HE SAID, "CAN YOU UPDATE ME OR BRING ME UP TO SPEED?" I DID THAT BRIEFLY. I TOLD HIM -- I INFORMED HIM WHAT I HAD SEEN IN THE HOUSE. I TOOK HIM ONTO THE LANDING VERY QUICKLY, POINTED OUT THERE WAS A GLOVE, A CAP, THERE WAS A MALE VICTIM, A FEMALE VICTIM, A MENU. I SHOWED HIM THE SHOEPRINTS. I WALKED HIM BACK THE PATH. I SHOWED HIM ON THE GATE THE BLOOD. AND THIS IS AT THIS TIME IS WHEN DETECTIVE ROBERTS AND I BOTH SAW THE SMUDGE AND THAT POSSIBLE VISIBLE FINGERPRINT.

265 Q:

LET ME INTERRUPT ONE MINUTE. DETECTIVE ROBERTS, WHO IS THAT?

266 A:

DETECTIVE ROBERTS IS A DETECTIVE ASSIGNED TO WEST L.A. HOMICIDE WHO I NORMALLY WORK WITH AS A PARTNER.

267 Q:

OKAY. SO HE CAME INTO THE RESIDENCE. DO YOU KNOW HOW HE GOT INTO THE RESIDENCE?

268 A:

YES. HE WAS DIRECTED WHERE TO GO THROUGH THE GARAGE.

269 Q:

OKAY. AND HE CAME IN AND THE FIRST TIME YOU SAW HIM AT THAT SCENE WAS WHEN YOU WERE WRITING NOTES SITTING ON THE COUCH INSIDE THE RESIDENCE AT 875 SOUTH BUNDY?

270 A:

YES.

271 Q:

OKAY. AT THAT POINT, WHEN YOU SAW DETECTIVE ROBERTS, YOU HAD BEEN AT THE SCENE FOR HOW LONG?

272 A:

I STILL SAY THAT WOULD BE FIFTEEN MINUTES WHEN I WAS WRITING MY NOTES. THE WALK THROUGH WITH HIM COULDN'T HAVE TAKEN MORE THAN THREE OR FOUR MINUTES.

273 Q:

OKAY. AFTER YOU WALKED HIM THROUGH THE REAR GATE OUT TO THE DRIVEWAY AREA, WHAT HAPPENED NEXT?

274 A:

I WALKED HIM OUT THROUGH THE DRIVEWAY. I POINTED OUT THE BLOOD DROP, CHANGE. HE ALSO LOOKED IN THE ALLEY FOR BLOOD DROPS AS WE WALKED THAT WAY. HE COULD SEE NONE. AND HE CONTINUED BACK TO DOROTHY TO WALK OUT TO THE FRONT OF THE RESIDENCE AND STAND WITH DETECTIVE PHILLIPS.

275 Q:

OKAY. SO DID YOU BOTH THEN WALK OUT THERE TO THE FRONT OF THE LOCATION?

276 A:

NO. I RETURNED TO THE INTERIOR OF THE RESIDENCE TO FINISH WHAT I WAS PREVIOUSLY DOING, WRITING MY NOTES.

277 Q:

OKAY. SO WHERE WAS IT THAT YOU PARTED COMPANY WITH DETECTIVE ROBERTS?

278 A:

IN THE ALLEY.

279 Q:

WHEN YOU WENT BACK INSIDE, HOW DID YOU ENTER THE RESIDENCE THE SECOND TIME?

280 A:

THE SAME WAY. I PASSED THE FERRARI INTO THAT LOWER DOOR UP THE STAIRS.

281 Q:

WHERE DID YOU GO TO?

282 A:

I WENT TO THE SAME -- SAME COUCH. I SAT ON THE EDGE OF THE COUCH.

283 Q:

AND YOU -- DID YOU -- WHAT DID YOU DO THERE?

284 A:

I FINISHED THE NOTES THAT LED UP TO ITEM 17.

285 Q:

OKAY. AND AT ITEM 17 HAD YOU COMPLETED YOUR NOTES?

286 A:

NO.

287 Q:

WERE YOU AGAIN INTERRUPTED?

288 A:

YES.

289 Q:

WHAT HAPPENED?

290 A:

DETECTIVE PHILLIPS ENTERED FROM THE REAR OF THE RESIDENCE AND HE CAME IN AND INFORMED ME THAT ROBBERY/HOMICIDE WOULD BE TAKING OVER THE INVESTIGATION.

291 Q:

OKAY. AND HOW LONG HAD YOU BEEN SITTING ON THE COUCH WRITING WHEN YOU WERE INTERRUPTED THAT SECOND TIME BY DETECTIVE PHILLIPS?

292 A:

MAYBE ANOTHER FIVE MINUTES, MAYBE AS MUCH AS TEN.

293 Q:

AND WHEN DETECTIVE PHILLIPS INFORMED YOU THAT ROBBERY/HOMICIDE WAS GOING TO TAKE OVER THE CASE, WHAT DID YOU DO?

294 A:

I TOLD RON OR DETECTIVE PHILLIPS, I SAID, "LET ME FINISH THESE NOTES AND THEN I WILL TURN THEM OVER TO YOU."

295 Q:

AND WHAT WAS HIS RESPONSE?

296 A:

HE SAYS, "OKAY, FINISH THE NOTES AND THEN GIVE THEM TO ME AND I WILL GIVE THEM TO ROBBERY/HOMICIDE."

297 Q:

AND DID YOU THEN COMPLETE YOUR NOTES?

298 A:

YES.

299 Q:

SO ITEM 17, WAS THAT MEANT TO BE YOUR LAST ENTRY IN YOUR NOTES AT THAT TIME?

300 A:

NO.

301 Q:

YOU DIDN'T COMPLETE YOUR NOTES?

302 A:

I DID NOT, NO.

303 Q:

AND WHY NOT?

304 A:

BECAUSE THE CASE WAS NO LONGER MINE.

KEY QUOTE
305 Q:

OKAY. WHAT POINT WERE YOU AT WHEN DETECTIVE PHILLIPS INTERRUPTED YOU IN WRITING? HAD YOU FINISHED ITEM 17 YET OR HAD YOU -- WERE YOU IN THE MIDDLE?

306 A:

WELL, I DON'T KNOW -- AT THE END OF ITEM 17 I PROBABLY WOULD HAVE GONE THROUGH SEVERAL OTHER DETAILS ON SOME OF THESE ITEMS AND STARTED SETTING UP WHO I NEEDED TO CONTACT AT THIS SCENE TO BE ABLE TO COMPLETE THIS CRIME SCENE.

307 Q:

OKAY. BUT INSTEAD OF THAT, YOU JUST STOPPED AT THAT POINT?

308 A:

YES.

309 Q:

AND WHAT DID YOU DO THEN?

310 A:

I WENT BACK OUT THROUGH THE GARAGE SOUTH ON THE ALLEY, DOWN DOROTHY TO BUNDY, AND REMAINED IN THE FRONT OF THE RESIDENCE OR THE STREET AT THE INTERSECTION OF DOROTHY AND BUNDY AND WAITED FOR ROBBERY/HOMICIDE'S ARRIVAL.

311 Q:

OKAY. SO DID DETECTIVE PHILLIPS COME IN AND INFORM YOU ROBBERY/HOMICIDE WAS GOING TO TAKE OVER AND THEN EXIT AGAIN?

312 A:

YES. I THINK HE MADE AN INDICATION THAT HE HAD TALKED TO CHIEF FRANKLE AND HE THOUGHT THAT IT WOULD BE BEST IF ROBBERY/HOMICIDE HANDLED THE CASE.

313 Q:

OKAY. WHEN HE INFORMED YOU OF THAT, SIR, HOW LONG HAD YOU BEEN AT THE CRIME SCENE?

314 A:

ABOUT A HALF HOUR.

315 Q:

DID HE TURN AROUND AND LEAVE THEN AND YOU SAT AND FINISHED YOUR NOTES AT THAT POINT?

316 A:

YES.

317 Q:

FOR HOW LONG BEFORE YOU EXITED THE RESIDENCE?

318 A:

OH, I DON'T THINK I -- I PROBABLY HAD JUST TWO OR THREE ITEMS LEFT THAT WAS CURRENTLY ON MY MIND THAT I NEEDED TO PUT DOWN THAT I THOUGHT WERE IMPORTANT.

319 Q:

OKAY. SO HOW LONG IN TERMS OF TIME WAS THAT?

320 A:

OH, A MINUTE, TWO MINUTES AT THE MOST.

321 Q:

SO YOU REMAINED A MINUTE OR TWO MINUTES AFTER DETECTIVE PHILLIPS ADVISED YOU RHD WAS TAKING OVER THE CASE?

322 A:

RIGHT. I JUST PUT DOWN THE THOUGHTS THAT I HAD WHEN HE WALKED IN AND I STOPPED.

323 Q:

AND THEN WHAT DID YOU DO?

324 (NO AUDIBLE RESPONSE.)
325 Q:

WHAT DID YOU DO?

326 A:

I JUST WENT OUT AND WAITED FOR ROBBERY/HOMICIDE ON THE STREET.

327 Q:

WHEN YOU SAY YOU WAITED ON THE STREET, SIR, CAN YOU TELL US WHERE ON THE STREET YOU WERE WAITING?

328 A:

IT WAS THE INTERSECTION OF DOROTHY AND BUNDY, PROBABLY JUST INSIDE THAT YELLOW TAPE OR JUST OUTSIDE, I CAN'T REMEMBER WHICH IT WAS.

329 Q:

WHO WERE YOU WITH AT THAT TIME?

330 A:

DETECTIVE PHILLIPS, LIEUTENANT SPANGLER, THE COMMANDING OFFICER OF WEST L.A. DETECTIVES. I BELIEVE A PHOTOGRAPHER HAD ARRIVED, I'M NOT POSITIVE ON THAT, AND THEN THERE IS POLICEMEN, A SUPERVISOR, UNIFORMED PERSONNEL.

331 Q:

QUITE A FEW OFFICERS AROUND BY THAT TIME, WERE THERE?

332 A:

YES. I BELIEVE DETECTIVE ROBERTS WAS STILL THERE AND DETECTIVE NOLAN WAS STILL THERE.

333 Q:

AND WERE THEY ALL STANDING WITH YOU OUTSIDE?

334 A:

YES.

335 Q:

AND WHAT DID DO YOU WHEN YOU CAME BACK OUTSIDE AND WENT TO THE INTERSECTION OF DOROTHY AND BUNDY?

336 A:

NOTHING.

337 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
338 Q:

BY MS. CLARK: NOW, WERE YOU STILL HOLDING YOUR NOTES WHEN YOU CAME BECOME OUTSIDE?

339 A:

I GAVE THEM TO DETECTIVE PHILLIPS IMMEDIATELY.

340 Q:

OKAY. OUTSIDE AT THE INTERSECTION THERE?

341 A:

YES.

342 Q:

DID YOU EVER GO BACK TO YOUR CAR?

343 (NO AUDIBLE RESPONSE.)
344 Q:

THE CAR THAT YOU DROVE IN WITH DETECTIVE PHILLIPS?

345 A:

YES.

346 Q:

WHEN WAS THAT?

347 A:

PROBABLY SOME TIME SHORTLY THEREAFTER AFTER COMING OUT OF THE RESIDENCE.

348 Q:

AND FOR WHAT PURPOSE?

349 A:

PUT MY JACKET IN THE CAR.

350 Q:

SO YOU TOOK YOUR JACKET OFF AT THAT POINT?

351 A:

YES.

352 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
353 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
354 MS. CLARK:

YOUR HONOR, I HAVE A PHOTOGRAPH THAT I WOULD LIKE TO MARK PEOPLE'S NEXT IN ORDER, 105.

355 THE COURT:

105.

356 MS. CLARK:

THANK YOU, YOUR HONOR.

357 (PEO'S 105 FOR ID = PHOTOGRAPH)
358 MS. CLARK:

FIRST GO BACK TO THE NOTES.

359 Q:

ON PAGE 3 OF YOUR NOTES WE WERE TALKING EARLIER ABOUT YOUR OBSERVATION OF A POSSIBLE BLOOD SMUDGE ON THE UPPER RAIL OF THE GATE, ITEM NO. 14. I'M GOING TO SHOW YOU NOW PEOPLE'S 105.

360 MR. FAIRTLOUGH:

2, PLEASE.

361 Q:

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

362 A:

YES, I DO.

363 Q:

WHO IS THAT?

364 A:

DENNIS FUNG, A CRIMINALIST.

365 Q:

HE IS POINTING TO AN AREA ON THE GATE THERE. CAN YOU TELL US, FIRST OF ALL, IS THAT THE REAR GATE AT THE LOCATION OF 875 SOUTH BUNDY?

366 A:

YES, IT IS.

367 Q:

OKAY. AND THE AREA HE IS POINTING TO, SIR, IS THAT -- DO YOU RECOGNIZE THE AREA HE IS POINTING TO?

368 A:

YES.

369 Q:

AND WHAT AREA IS THAT?

370 A:

THAT IS THE AREA I REMEMBER THAT THE SMUDGE WAS -- APPEARED TO BE A BLOOD SMUDGE.

371 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS PEOPLE'S 53, I BELIEVE, D.

372 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
373 MR. FAIRTLOUGH:

IT IS 53-A.

374 MS. CLARK:

OKAY.

375 MR. FAIRTLOUGH:

53 --

376 Q:

BY MS. CLARK: DO YOU RECOGNIZE THAT LOCATION, SIR?

377 A:

YES, I DO.

378 Q:

AND WHAT IS THAT?

379 A:

THAT IS THE NORTH WALKWAY LEADING TOWARDS -- TOWARD THE ALLEY THAT WOULD BE GOING DUE WEST TOWARDS THAT REAR GATE.

380 Q:

OKAY. SO IS THAT THE REAR GATE?

381 A:

YES, MA'AM.

382 Q:

OKAY. AND THE POSITION THAT THIS PHOTOGRAPH IS TAKEN FROM, IS THAT INSIDE THE REAR GATE FACING THE ALLEY OR IS IT FACING EASTBOUND TOWARDS THE FRONT OF THE LOCATION?

383 A:

IT IS FACING THE ALLEY FROM THE INSIDE.

384 MR. FAIRTLOUGH:

PEOPLE'S 53-B.

385 Q:

BY MS. CLARK: I'M DIRECTING YOUR ATTENTION NOW TO WHAT APPEARS TO BE MARKED AS 115 AND 116 ITEMS -- ITEM NUMBERS. CAN YOU TELL US IF YOU RECOGNIZE WHAT IS SHOWN?

386 A:

YES, I DO.

387 Q:

AND WHAT IS IT?

388 A:

THOSE ARE THE BLOOD DROPS THAT I SAW AT THE BOTTOM OF THE RAIL.

389 MR. FAIRTLOUGH:

1, PLEASE.

390 Q:

BY MS. CLARK: AND ARE THOSE THE BLOOD DROPS THAT YOU HAVE DESCRIBED IN YOUR NOTES IN ITEM NO. 13, SIR?

391 A:

YES, IT IS.

392 MS. CLARK:

THANK YOU.

393 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
394 MS. CLARK:

PEOPLE'S NEXT IN ORDER, YOUR HONOR, PEOPLE'S 106. I AM SHOWING IT TO COUNSEL.

395 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
396 (PEO'S 106 FOR ID = PHOTOGRAPH)
397 MR. FAIRTLOUGH:

2, PLEASE.

398 Q:

BY MS. CLARK: WE HAVE A CLOSER-UP SHOT HERE, SIR. DO YOU SEE WHAT IS SHOWN IN PEOPLE'S 106? DO YOU RECOGNIZE THAT, SIR?

399 A:

YES, MA'AM.

400 Q:

TELL US HOW?

401 A:

THAT APPEARS TO BE THE BLOOD SMUDGE THAT I SAW ON THE UPPER PORTION OF THAT GATE FROM THE INSIDE.

402 Q:

AND IS THAT THE -- THE APPEARANCE OF IT AS YOU RECALL?

403 A:

YES.

404 MR. FAIRTLOUGH:

1, PLEASE.

405 Q:

BY MS. CLARK: NOW, WHAT KIND -- WERE YOU USING ANY KIND OF FLASHLIGHT TO MAKE THE OBSERVATIONS THAT YOU DOCUMENTED IN YOUR NOTES?

406 A:

I USED THAT SMALL FLASHLIGHT THAT I KEPT ON MY BELT, YES.

407 Q:

OKAY. ALL RIGHT. SO YOU WERE STANDING OUT IN THE STREET, I THINK YOU INDICATED, THE INTERSECTION OF DOROTHY AND BUNDY, WAITING FOR ROBBERY/HOMICIDE TO ARRIVE?

408 A:

YES, MA'AM.

409 Q:

AND THERE WERE -- AND WHO DID YOU SAY WAS WITH YOU, SIR?

410 A:

DETECTIVE PHILLIPS, I BELIEVE DETECTIVE ROBERTS WAS THERE, BUT I DON'T KNOW HOW LONG, DETECTIVE NOLAN WAS THERE, BUT I DON'T REMEMBER EXACTLY WHEN HE LEFT, LIEUTENANT SPANGLER. THERE MIGHT HAVE BEEN SOMEBODY THAT ARRIVED FROM ROBBERY/HOMICIDE, OTHER THAN THE DETECTIVES, BUT I'M NOT SURE. I REMEMBER SEEING LIEUTENANT -- I BELIEVE HE IS LIEUTENANT ROGERS THERE AT SOME TIME, BUT I'M NOT SURE IT WAS THAT EARLY.

411 Q:

AT THAT POINT, SIR, DID YOU HAVE -- WERE THERE ANY POLICE OFFICERS GUARDING THE PERIMETER, THAT IS, GUARDING THE CRIME SCENE TO PREVENT PEOPLE FROM WALKING IN?

412 A:

YES, THE CRIME SCENE WAS WHAT WE WOULD CALL SEALED OFF.

413 Q:

WAS THERE ANYONE INSIDE THE CRIME SCENE TAPE AT THAT POINT?

414 A:

NO.

415 Q:

DO YOU RECALL HOW MANY BLACK AND WHITE UNITS WERE THERE?

416 A:

I WAS TOLD THERE WAS A BLACK AND WHITE UNIT THE STREET TO -- THE FIRST EAST-WEST STREET TO THE NORTH OF DOROTHY AT THE ALLEY, AND I BELIEVE ONE AT THE INTERSECTION OF BUNDY AND THAT STREET. I KNOW THERE WAS A SUPERVISOR AND A UNIT AT DOROTHY AND BUNDY. I SAW A BLACK AND WHITE DIRECTLY TO THE REAR OF 875 SOUTH BUNDY IN THE ALLEY, AND THAT IS ALL I CAN RECALL.

417 Q:

HOW MANY COMMANDING OFFICERS WERE PRESENT AT THAT TIME?

418 A:

LIEUTENANT SPANGLER WAS THE ONLY COMMANDING OFFICER.

419 (BRIEF PAUSE.)
420 Q:

BY MS. CLARK: ALL RIGHT. AT SOME POINT, SIR, DID YOU MAKE CONTACT WITH ANY DETECTIVE FROM ROBBERY/HOMICIDE?

421 A:

YES.

422 Q:

AND WHERE WERE YOU WHEN THAT CONTACT WAS MADE?

423 A:

STANDING IN THE SAME LOCATION ON THE STREET.

424 Q:

OKAY. DID YOU GO BACK INTO THE CRIME SCENE, THAT IS, UP TO THAT GATE WHERE YOU HAD GONE EARLIER WITH OFFICER RISKE OR INTO THE HOUSE OR UP ONTO THE LANDING AGAIN?

425 A:

I NEVER RETURNED TO THAT CRIME SCENE.

KEY QUOTE
426 Q:

AND SO YOU WAITED OUTSIDE UNTIL ROBBERY/HOMICIDE CAME?

427 A:

YES, MA'AM.

428 Q:

AND WHEN YOU SAW DETECTIVE VANNATTER, THAT WAS WHERE?

429 A:

ON THE STREET, THE SAME LOCATION.

430 Q:

HAD YOU EVER MET HIM BEFORE?

431 A:

NO, I HADN'T.

432 Q:

WAS THAT THE FIRST TIME YOU MET?

433 A:

YES.

434 Q:

AND WHAT HAPPENED AT THAT POINT?

435 A:

I WAS INTRODUCED TO DETECTIVE VANNATTER, AS WAS RON PHILLIPS. RON PHILLIPS BRIEFED HIM ON WHAT HAD BEEN SEEN AND DONE AT THAT POINT AND DETECTIVE VANNATTER -- EXCUSE ME -- DETECTIVE PHILLIPS LED DETECTIVE VANNATTER THROUGH A CRIME SCENE WALK THROUGH.

436 Q:

OKAY. DID YOU GO WITH THEM?

437 A:

NO, I DIDN'T.

438 Q:

YOU REMAINED OUTSIDE?

439 A:

YES.

440 Q:

DID YOU EVER GO BACK INTO THE CRIME SCENE BEFORE GOING TO ROCKINGHAM LATER THAT MORNING?

441 A:

NO, I DIDN'T.

442 Q:

SO AFTER THE POINT THAT YOU LEFT THE RESIDENCE AFTER COMPLETING YOUR NOTES, YOU NEVER WENT BACK IN AGAIN UNTIL LATER IN THE MORNING AFTER HAVING GONE TO ROCKINGHAM?

443 A:

YES, YOU ARE CORRECT. I DID RETURN AT ABOUT 7:00, 7:15, YES.

444 Q:

SO YOU REMAINED OUT IN THE INTERSECTION AND DID YOU MEET ANYONE ELSE FROM ROBBERY/HOMICIDE AT THAT POINT?

445 A:

YES, DETECTIVE TOM LANGE.

446 Q:

OKAY. AND WERE YOU STILL STANDING OUTSIDE AT THE INTERSECTION WHEN HE ARRIVED?

447 A:

YES, I WAS.

448 Q:

WHERE WAS DETECTIVE PHILLIPS OR DETECTIVE VANNATTER?

449 A:

I BELIEVE THEY HAD RETURNED. DETECTIVE LANGE ARRIVED FIFTEEN, TWENTY MINUTES AFTER THEM, MAYBE A LITTLE LONGER. THEY WERE BACK OUT ON THE -- IN FRONT OF THE RESIDENCE.

450 Q:

OKAY. AND WHAT HAPPENED WHEN DETECTIVE LANGE ARRIVED?

451 A:

DETECTIVE PHILLIPS LED HIM THROUGH THE CRIME SCENE WALK THROUGH.

452 Q:

OKAY. DID YOU GO WITH THEM?

453 A:

NO.

454 Q:

WHERE DID YOU GO?

455 A:

I REMAINED ON THE STREET.

456 Q:

OKAY. SO THEN THE CRIME SCENE WAS TOURED BY OFFICERS BEFORE YOU ARRIVED, SIR; IS THAT CORRECT?

457 A:

YES, MA'AM.

458 Q:

AND THEN AGAIN BY OFFICERS AFTER YOU HAD BEEN THERE?

459 A:

YES, MA'AM.

460 Q:

NOW, ONCE RHD -- ROBBERY/HOMICIDE DIVISION HAD COME IN TO TAKE OVER THE CASE, WHAT WERE YOUR RESPONSIBILITIES?

461 A:

MY RESPONSIBILITIES AT THAT POINT WAS TO FOLLOW DETECTIVE PHILLIPS' ORDERS. HE SAID WE WERE GOING TO REMAIN AT THE SCENE AND IF WE COULD BE OF ASSISTANCE, AND IF NOT, WE WOULD BE RELIEVED.

462 Q:

NOW, AT SOME POINT DID YOU LEAVE THE LOCATION OF 875 SOUTH BUNDY?

463 A:

YES, WE DID.

464 Q:

WAS THIS AFTER DETECTIVE LANGE HAD BEEN GIVEN A WALK-THROUGH BY WAS IT DETECTIVE PHILLIPS?

465 A:

YES.

466 Q:

WAS IT AFTER THAT POINT?

467 A:

YES, IT WAS.

468 Q:

CAN YOU TELL US WHAT LED TO YOUR DEPARTURE FROM BUNDY?

469 A:

I WAS STANDING IN THE -- IN THE GROUP OF DETECTIVE PHILLIPS, VANNATTER AND LANGE. DETECTIVE PHILLIPS WAS ON THE PHONE, A CELLULAR PHONE.

470 Q:

AND WHAT HAPPENED?

471 A:

WHILE DETECTIVE PHILLIPS WAS ON THE PHONE, IT SEEMS HE INTERRUPTED HIS CONVERSATION AND HE LOOKED TO ME AND HE SAID, "CAN YOU TAKE US UP TO THE SIMPSON OR THE ROCKINGHAM HOUSE?" AND I RESPONDED, "I WENT THERE ON A RADIO CALL A LONG TIME AGO. I THINK SO."

472 Q:

AND THEN WHAT?

473 A:

WELL, I WASN'T REAL SURE OF THE NUMBERS OR WHERE ROCKINGHAM EXACTLY WAS OFF OF SUNSET. I KNEW IT WAS OFF OF SUNSET. SO I WALKED ALL THE WAY BACK AROUND TO THE ALLEY WHERE OFFICER RISKE WAS.

474 Q:

WHAT DID YOU DO THERE?

475 A:

I ASKED OFFICER RISKE, I SAID, "DO YOU KNOW THE NUMBER FOR THE ROCKINGHAM LOCATION?"

476 Q:

DID HE RESPOND TO YOU?

477 A:

HE SAID, "YES," AND I BELIEVE HE CHECKED IT SOMEWAY WITH HIS PARTNER AND I DON'T KNOW WHAT THEY USED, IF THEY HAD ALREADY THE NUMBERS OR THEY HAD RUN SOMETHING ON THE COMPUTER IN THE CAR. HE SAID, "360 NORTH." THEN I ASKED OFFICER RISKE WHAT -- "I KNOW IT IS OFF SUNSET. WHAT IS THE LAST MAJOR STREET BEFORE YOU GET THERE?" AND HE RESPONDED "CLIFFWOOD, BUT LOOK REAL QUICK BECAUSE YOU ARE GOING TO MISS IT IF YOU GO AROUND THE CORNER TOO QUICK."

478 Q:

OKAY. NOW, YOU HAD BEEN AT THE RESIDENCE OF MR. SIMPSON BACK IN 1985, AS YOU DESCRIBED TO US YESTERDAY. YOU RECALL THAT?

479 A:

YES.

480 Q:

DID YOU -- BUT YOU DIDN'T REMEMBER WHERE HE LIVED ON THE EARLY MORNING HOURS OF JUNE THE 13TH?

481 A:

WELL, ROCKINGHAM STUCK IN MY MIND, BUT THAT END OF THE DIVISION IS PRETTY LARGE AND PRETTY CONFUSING AND I DIDN'T GO UP THERE IN THAT AREA OF THE DIVISION MUCH AT ALL IN PATROL OR DETECTIVES.

482 Q:

DID YOU TELL ANYONE -- ANY OF THE DETECTIVES THAT YOU SAW THAT -- THAT NIGHT -- WELL, ACTUALLY THE EARLY MORNING HOURS OF JUNE THE 13TH, THAT YOU HAD RESPONDED TO THE HOUSE OF 360 NORTH ROCKINGHAM BACK IN 1985 FOR A DOMESTIC VIOLENCE CALL?

483 A:

I BELIEVE THE WAY I DESCRIBED IT TO PHILLIPS WHEN HE ASKED ME WAS, "I WENT UP THERE A LONG TIME ON A 415 FAMILY DISPUTE OR A FAMILY DISPUTE" AND I TOLD HIM, "I THINK I CAN FIND IT."

484 Q:

DO YOU RECALL GIVING ANY DETAILS ABOUT THAT ENCOUNTER IN 1985 OR DESCRIBING WHAT YOU HAD SEEN TO ANYONE?

485 A:

NO, I DON'T RECALL ANYTHING AT THAT TIME.

486 Q:

AT THAT TIME, IN THE EARLY MORNING HOURS OF JUNE THE 13TH, SIR, WHAT WAS THE SIGNIFICANCE TO YOU OF THE INCIDENT IN 1985 THAT YOU HAD BEEN CALLED OUT ON WHEN YOU WERE CALLED TO RESPOND TO MR. SIMPSON'S RESIDENCE IN 1985?

487 A:

THE SIGNIFICANCE OF THAT AT THAT POINT?

488 Q:

RIGHT, RIGHT.

489 A:

ONLY THAT I KNEW PROBABLY HOW TO GET TO THE HOUSE.

490 Q:

UH-HUH. OKAY.

491 A:

OTHER THAN THAT I DIDN'T EVEN KNOW WHY WE WERE GOING THERE.

492 Q:

YOU DIDN'T KNOW WHY YOU WERE GOING TO ROCKINGHAM THAT NIGHT?

493 A:

WELL, I DIDN'T KNOW WE WERE AT THAT POINT. I WENT BACK TO ASK OFFICER RISKE SO I WAS SURE THAT I GAVE PROPER DIRECTIONS.

494 Q:

SO DID YOU KNOW THAT YOU WERE GOING TO BE GOING TO ROCKINGHAM WHEN YOU GOT THOSE DIRECTIONS?

495 A:

NO.

496 Q:

WHAT DID YOU THINK THAT YOU WERE GETTING THEM FOR?

497 A:

FOR DETECTIVE LANGE AND VANNATTER.

498 Q:

AND WHAT DID YOU DO WITH THE INFORMATION THAT YOU GOT FROM OFFICER RISKE?

499 A:

I CAME BACK TO DOROTHY AND BUNDY, AND AS I APPROACHED DETECTIVE PHILLIPS, DETECTIVES LANGE AND VANNATTER WERE GETTING INTO THEIR VEHICLE OR THEY WERE IN CLOSE PROXIMITY TO, AND I BELIEVE DETECTIVE LANGE WAS THE ONE THAT SAID, "RON, MARK, SHOW US THE WAY OR LEAD US UP THERE," OR SOMETHING TO THAT EFFECT, AND I GOT INTO THE VEHICLE WITH DETECTIVE PHILLIPS. NOT THE SAME VEHICLE, BUT OUR VEHICLE. HE WAS DRIVING AND I WAS PASSENGER.

500 Q:

AND SO WHY WAS IT -- WAS IT YOUR IDEA TO GO TO ROCKINGHAM?

501 A:

NO.

502 Q:

DO YOU KNOW AT WHOSE REQUEST YOU WERE GOING TO DO THAT, GO TO ROCKINGHAM?

503 A:

WELL, I LATER -- WHEN I GOT INTO THE VEHICLE WITH PHILLIPS, I ASKED WHAT WE ARE GOING TO DO AND HE SAID, WELL, HE TALKED TO COMMANDER BUSHEY AND HE WANTED AN IN-PERSON NOTIFICATION.

504 Q:

BUT AT THE TIME YOU LEFT YOU DIDN'T KNOW THAT?

505 A:

NO.

506 Q:

WHEN DID YOU LEARN THAT?

507 A:

WHILE WE WERE ENROUTE.

508 Q:

SO THEN ALL FOUR OF YOU PROCEEDED TO THE ROCKINGHAM LOCATION?

509 A:

YES.

510 Q:

AND YOU JUST SAID -- I THINK YOU SAID YOU AND DETECTIVE PHILLIPS WERE IN ONE CAR AND WHO WAS IN THE OTHER CAR?

511 A:

DETECTIVES LANGE AND VANNATTER.

512 Q:

WAS THERE SOMEONE LEFT IN CHARGE OF THE SCENE?

513 A:

OH, YES. THERE WAS A UNIFORMED SUPERVISOR AND A DETECTIVE SUPERVISOR AT THE SCENE.

514 Q:

AND WHO WAS THAT?

515 A:

LIEUTENANT SPANGLER WAS THE DETECTIVE C.O. AND I BELIEVE -- I BELIEVE SERGEANT COON WAS STILL AT THE SCENE. I CAN'T BE SURE ON THAT, BUT I KNOW THERE WAS A SERGEANT AT THE SCENE AT BUNDY AND DOROTHY.

516 Q:

AND WAS LIEUTENANT SPANGLER STILL THERE?

517 A:

YES, HE WAS.

518 Q:

NOW, HOW LONG DID YOU PLAN TO BE GONE AT THAT POINT?

519 A:

I DIDN'T THINK WE WOULD BE GONE THAT LONG. I THINK I UNDERSTOOD WHY WE WERE GOING THERE AFTER I WAS TOLD ABOUT THE NOTIFICATION, WHICH SHOULDN'T TAKE MUCH TIME AT ALL.

520 Q:

HOW LONG?

521 A:

WELL, FOR DETECTIVE VANNATTER AND LANGE IT WOULD PROBABLY BE, YOU KNOW, MAYBE SEVERAL MINUTES.

522 Q:

AND WHAT WERE YOUR -- WHAT WAS YOUR ROLE GOING TO BE, YOURS AND DETECTIVE PHILLIPS, AT ROCKINGHAM?

523 A:

WELL, IT WASN'T VERBALIZED, BUT I THINK I REALIZED THAT WE WERE PROBABLY GOING TO ASSIST WITH ANY KIND OF TRANSPORTATION OF MR. SIMPSON. IF HE WAS REALLY DISTRAUGHT AND HE DIDN'T FEEL LIKE DRIVING, I'M SURE WE WOULD HAVE GIVEN HIM A RIDE TO THE STATION TO REUNITE HIM WITH HIS CHILDREN OR MAKE SOME ARRANGEMENTS FOR THE CHILDREN. WE WERE GOING TO ASSIST ROBBERY/HOMICIDE AND THEY HAD TO RETURN TO THE SCENE.

524 Q:

WHAT TIME DID YOU LEAVE BUNDY, IF YOU RECALL?

525 A:

5:00 A.M. IN THE MORNING.

526 Q:

OKAY. NOW, DID YOU AND DETECTIVE PHILLIPS LOG OUT AT THAT POINT WHEN YOU LEFT, CHECK IN WITH THE OFFICER WHO HAD THE LOG?

527 A:

I DON'T RECALL, BECAUSE WHEN I CAME BACK FROM TALKING TO OFFICER RISKE IT WAS ALMOST IMMEDIATE, "GET IN THE CAR, LET'S GO." IF DETECTIVE PHILLIPS DID, HE LOGGED US BOTH OUT, BECAUSE I PERSONALLY DIDN'T MAKE CONTACT AT THAT TIME THAT I REMEMBER.

528 Q:

OKAY. SO AT APPROXIMATELY FIVE O'CLOCK YOU ALL DROVE OVER TO 360 NORTH ROCKINGHAM. AND HOW LONG DID -- IS THAT RIGHT?

529 A:

I BELIEVE IT IS 360.

530 Q:

360?

531 A:

360, YES.

532 Q:

THANK YOU. HOW LONG DID IT TAKE YOU TO GET THERE?

533 A:

FIVE, TEN MINUTES.

534 Q:

CAN YOU RECALL WHERE YOU PARKED WHEN YOU GOT TO THE LOCATION?

535 A:

YES.

536 Q:

DID YOU DRIVE UP ROCKINGHAM FROM SUNSET, DRIVE NORTH ON ROCKINGHAM?

537 A:

YES, WE DID.

538 Q:

AND AS YOU DID SO, WERE YOU LOOKING FOR THE ADDRESS OF 360 NORTH ROCKINGHAM?

539 A:

YES. WELL, IT IS -- IT IS PRETTY EASY OFF SUNSET. YOU KNOW, EVERYTHING NORTH OF SUNSET IS 100 AND GOES UP, SO IT IS GOING TO BE ABOUT THREE OF THE BLOCKS UP IN THAT AREA.

540 Q:

UH-HUH. OKAY. SO DID YOU HAVE SOME IDEA OF WHERE TO LOOK WHEN YOU WERE DRIVING UP THERE?

541 A:

YES.

542 Q:

AND AS YOU DROVE UP ROCKINGHAM, DID ANYTHING ATTRACT YOUR ATTENTION?

543 A:

I NOTICED A WHITE VEHICLE PARKED BY THE DRIVEWAY ON -- ON ROCKINGHAM.

544 Q:

OKAY. AND DID YOU KNOW AT THE TIME YOU SAW THE WHITE VEHICLE THAT THAT WAS PARKED IN FRONT OF 360 NORTH ROCKINGHAM?

545 A:

WELL, I THINK -- I THINK THE RESIDENCE LOOKED SOMEWHAT FAMILIAR. I REMEMBERED FROM '85 IT WAS A CORNER RESIDENCE, VERY NICE, SPACIOUS FRONT YARD WITH A WALL, I REMEMBERED THAT, WITH BRICK.

546 Q:

UH-HUH.

547 A:

AND WHEN I PASSED IT, I THINK I CONCLUDED THAT THIS IS -- THIS IS THE ADDRESS.

548 Q:

AT THE TIME THAT YOU FIRST SAW THAT WHITE VEHICLE, WAS THERE ANYTHING UNUSUAL ABOUT IT THAT DREW YOUR ATTENTION OR WAS IT JUST THAT THERE WAS A WHITE CAR PARKED THERE?

549 A:

NO. I WAS ON THE PASSENGER SIDE AND WE PASSED THE VEHICLE AND IT WAS A WHITE FOUR-WHEEL DRIVE VEHICLE. I JUST -- I DIDN'T MAKE A -- MUCH OF A NOTE OF IT; I JUST NOTICED IT.

550 Q:

OKAY. NOW, WHERE DID YOU PARK? YOU DIDN'T PARK, ACTUALLY. WHERE DID RON PARK?

551 A:

HE TURNED RIGHT OR EASTBOUND ON ASHFORD AND PARKED JUST WEST OF THE ASHFORD GATE.

552 Q:

WERE YOU IN THE LEAD, YOUR CAR?

553 A:

YES.

554 Q:

AND DO YOU KNOW ON WHAT SIDE OF THE ASHFORD GATE THAT YOU PARKED?

555 A:

I PARKED ON THE WEST SIDE.

556 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
557 Q:

BY MS. CLARK: I'M SORRY, SIR?

558 A:

THE WEST SIDE.

559 Q:

THE WEST SIDE?

560 A:

YES.

561 MR. FAIRTLOUGH:

2, PLEASE. PEOPLE'S EXHIBIT NO. 63.

562 Q:

BY MS. CLARK: ALL RIGHT. DO YOU RECOGNIZE THE LOCATION SHOWN HERE, SIR?

563 A:

I BELIEVE IN THE UPPER LEFT CORNER THAT IS 360 NORTH ROCKINGHAM, AND I BELIEVE I WOULD BE LOOKING AT THIS PHOTO FROM ROCKINGHAM LOOKING IN A SOUTHERLY DIRECTION TO ASHFORD.

564 Q:

OKAY. SO YOU ARE LOOKING AT THE ASHFORD GATE IN THIS PHOTOGRAPH, ARE YOU?

565 A:

YES.

566 Q:

AND WHERE, IF YOU CAN TELL US ON THIS PHOTOGRAPH, DID YOU PARK?

567 A:

THERE IS A BRIGHT WHITE DOT, IT APPEARS, ALMOST DEAD CENTER IN THE PHOTOGRAPH. THAT WOULD BE APPROXIMATELY CURB SIDE AT THAT AREA.

568 Q:

WOULD THAT BE JUST A LITTLE TO THE RIGHT OF THE PERSON DEPICTED IN THE PHOTOGRAPH THAT APPEARS TO BE WEARING SOMETHING RED?

569 A:

YES.

570 Q:

AND IF YOU KNOW, SIR, WHERE DID DETECTIVES VANNATTER AND LANGE PARK?

571 A:

I BELIEVE THEY PULLED UP DIRECTLY TO THE REAR OF OUR VEHICLE.

572 Q:

ON ASHFORD?

573 A:

YES.

574 Q:

OKAY. AND WHEN YOU ARRIVED, WHAT HAPPENED NEXT?

575 A:

ALL FOUR OF US EXITED THE VEHICLE AND STOOD AROUND THE ASHFORD GATE, AND I CAN'T REMEMBER IF IT WAS VANNATTER OR LANGE STARTED RINGING THE BUZZER AT THE GATE.

576 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 64.

577 Q:

BY MS. CLARK: DID YOU HAPPEN TO OBSERVE ANY VEHICLES WHEN YOU ARRIVED AT THE LOCATION OF 360 NORTH ROCKINGHAM AND PARKED -- YOU PARKED ON ASHFORD. DID YOU OBSERVE ANY VEHICLES NEARBY?

578 A:

YES.

579 Q:

WHAT DID YOU SEE?

580 A:

THERE WAS, I BELIEVE IT WAS A 280Z OR A ZX.

581 Q:

WHAT COLOR?

582 A:

DARK. IT MIGHT HAVE BEEN A BROWN OR IT COULD HAVE EVEN BEEN DARK BLUE.

583 Q:

I'M GOING TO A DIRECT YOUR ATTENTION TO THE PHOTOGRAPH NOW ON THE SCREEN, SIR, AND AS YOU FACE THE PHOTOGRAPH ON THE LEFT-HAND SIDE, DO YOU RECOGNIZE THE REAR HALF OF THE VEHICLE THAT YOU SAW ON ASHFORD PARKED NEAR THE ASHFORD GATE WHEN YOU ARRIVED THAT NIGHT?

584 A:

THAT LOOKS LIKE THE SAME LOCATION, BUT I CAN'T REALLY -- I CAN'T REALLY TELL WHAT THE VEHICLE IS FROM THAT -- THAT PHOTO, BUT THAT IS WHERE IT WAS.

585 Q:

OKAY. SO YOU GOT OUT OF THE CAR. WHAT HAPPENED NEXT?

586 A:

VANNATTER AND LANGE, AND QUITE POSSIBLY DETECTIVE PHILLIPS AND EVEN MYSELF, ATTEMPTED TO RING THE BUZZER.

587 Q:

OKAY. SO WERE ALL FOUR OF YOU STANDING TOGETHER AS THE BUZZER WAS BEING RUNG?

588 A:

YES.

589 Q:

WHEN THE BUZZER WAS RUNG, WHEN IT WAS PRESSED, COULD YOU HEAR IT?

590 A:

I BELIEVE I COULD HEAR A PHONE RINGING INSIDE OR A RING.

591 Q:

NOISE?

592 A:

YES.

593 Q:

EACH TIME THE BUZZER WAS PUSHED?

594 A:

I BELIEVE SO, YES.

595 Q:

DID ANYONE ANSWER?

596 A:

NO.

597 Q:

DID YOU HAPPEN TO OBSERVE WHETHER THERE WERE ANY SECURITY SIGNS NEARBY?

598 A:

I DID NOT, NO.

599 Q:

WHAT HAPPENED NEXT?

600 A:

WELL, THIS CONTINUED FOR SEVERAL MINUTES, TEN, FIFTEEN MINUTES. I BELIEVE AT LEAST THREE OF THE FOUR OF US WERE RINGING THE BELL.

601 Q:

TAKING TURNS?

602 A:

SOMEWHAT, YES.

603 Q:

OKAY. SO YOU WERE ALL STANDING THERE TOGETHER AT THAT -- AT THE CALL BOX RINGING THE BELL?

604 A:

YES, IN THAT GENERAL AREA.

605 Q:

OKAY. AND AFTER THE TEN OR FIFTEEN MINUTES OF RINGING WITHOUT RECEIVING AN ANSWER, WHAT HAPPENED NEXT?

606 A:

I BELIEVE -- I BELIEVE DETECTIVE PHILLIPS WAS ON HIS CELLULAR PHONE AND VANNATTER AND LANGE REMAINED AT THE GATE AND I -- I WALKED WESTBOUND DOWN ASHFORD TOWARDS THE INTERSECTION OF ROCKINGHAM AND ASHFORD.

607 Q:

WHAT WERE YOU WEARING WHEN YOU GOT OUT OF YOUR CAR AFTER HAVING PARKED ON ASHFORD?

608 A:

WHITE SHIRT, TIE AND TAN SLACKS.

609 Q:

WERE YOU WEARING YOUR JACKET?

610 A:

NO.

611 Q:

WHERE WAS IT?

612 A:

IN THE VEHICLE.

613 Q:

YOU LEFT IT THERE?

614 A:

YES.

615 Q:

ALL RIGHT. I'M SORRY I INTERRUPTED YOU, SIR. AFTER THAT TEN OR FIFTEEN MINUTES, WHAT HAPPENED NEXT?

616 A:

I WAS JUST STANDING AT THE AREA OF ASHFORD AND ROCKINGHAM.

617 Q:

ON THAT CORNER THERE?

618 A:

YES.

619 Q:

AND THEN WHAT?

620 A:

I WAS JUST -- JUST LOOKING. I NOTICED SOME LIGHTS ON IN THE RESIDENCE THAT WERE ON THE ENTIRE TIME WE WERE THERE, AND I STARTED WALKING SOUTHBOUND ON ROCKINGHAM.

621 Q:

WHEN YOU WERE AT THE ASHFORD GATE WITH THE THREE OTHER DETECTIVES AND RINGING THAT -- PUSHING THE BUZZER, WERE YOU ABLE TO SEE ANY CARS IN THE DRIVEWAY INSIDE THE GATES?

622 A:

YES.

623 Q:

AND WHAT WERE YOU ABLE TO SEE IN THAT REGARD?

624 A:

I BELIEVE THERE WAS A BLACK SAAB CONVERTIBLE, AND SOME -- SOME TYPE OF A LUXURY VEHICLE, A BLACK LUXURY VEHICLE.

625 Q:

A BIG CAR?

626 A:

YES.

627 Q:

AND YOU SAID YOU SAW LIGHTS INSIDE THE HOUSE?

628 A:

YES.

629 Q:

WHERE INSIDE THE HOUSE DID YOU SEE THEM?

630 A:

THE MOST WESTERLY UPSTAIRS ROOM AND THE LOWER RIGHT BOTTOM FLOOR ROOM THAT I LATER FOUND THAT WAS A SITTING T.V. ROOM OFF THE KITCHEN.

631 Q:

SO WHEN YOU WENT TO THE CORNER OF ROCKINGHAM AND ASHFORD, SIR, WERE YOU ALONE OR WERE YOU WITH OTHER DETECTIVES?

632 A:

I WAS BY MYSELF.

633 Q:

WHERE WERE THE OTHER THREE DETECTIVES?

634 A:

DETECTIVE PHILLIPS WAS STANDING SOMEWHAT IN THE STREET USING HIS CELLULAR PHONE, AND LANGE AND VANNATTER WERE SOMEWHERE AROUND THE FRONT GATE.

635 Q:

THE FRONT GATE?

636 A:

ON ASHFORD.

637 Q:

ON ASHFORD?

638 A:

ON ASHFORD.

639 Q:

COULD YOU SEE THEM?

640 A:

FOR A WHILE I COULD, BUT AFTER I WENT AROUND THE CORNER FROM ROCKINGHAM, I DON'T RECALL SEEING THEM. THERE IS A BIG FENCE.

641 Q:

AND SO YOU WENT -- AT SOME POINT YOU WALKED DOWN ROCKINGHAM?

642 A:

YES.

643 Q:

AND WHY DID YOU DO THAT?

644 A:

I WAS JUST STROLLING ALONG LOOKING AT THE HOUSE, MAYBE I COULD SEE SOME MOVEMENT INSIDE OR NO REALLY APPARENT REASON. I WAS JUST WALKING. THERE SEEMED TO BE EVERYTHING UNDER CONTROL AT THE GATE.

645 Q:

EVERYBODY ELSE WAS PUSHING ON THE BUZZER?

646 A:

YES.

647 Q:

DID YOU FEEL THAT THEY NEEDED YOUR ASSISTANCE PUSHING THE BUZZER?

648 A:

NO.

649 Q:

OKAY. SO YOU WALKED DOWN ROCKINGHAM AND WHAT DID YOU DO THEN?

650 A:

I WAS WALKING STRAIGHT FORWARD TOWARDS THIS WHITE BRONCO THAT WAS PARKED NORTHBOUND ON ROCKINGHAM ON THE EAST -- EAST CURB, AND AS I WAS WALKING TOWARD THE VEHICLE, IT SEEMS THAT IT WAS PARKED A LITTLE ASKEW OR A LITTLE -- TO ME IT LOOKED PARKED A LITTLE UNUSUAL FOR THAT TYPE OF PARKING.

651 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
652 THE COURT:

ALL RIGHT. MISS CLARK --

653 MS. CLARK:

DO YOU WANT TO TAKE A BREAK?

654 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR COURT REPORTER RECESS FOR THE MORNING. PLEASE REMEMBER MY ADMONITION TO YOU. DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T ALLOW ANYONE COMMUNICATE TO YOU REGARDING THE CASE, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER IS SUBMITTED TO YOU. AND WE WILL RECONVENE AT 10:35. DETECTIVE FUHRMAN, YOU ARE ORDERED TO STEP DOWN. YOU ARE ORDERED TO RETURN IN FIFTEEN MINUTES.

655 DET. MARK FUHRMAN:

YES, YOUR HONOR.

656 THE COURT:

ALL RIGHT. WE WILL STAND IN RECESS FOR FIFTEEN MINUTES.

Temperature

procedural

Key Quotes (4)

Mark Fuhrman
I NEVER RETURNED TO THAT CRIME SCENE.
Fuhrman explicitly denies re-entering the Bundy crime scene after handing it off to RHD, preemptively undermining any suggestion he had opportunity to plant evidence there.
Mark Fuhrman
BECAUSE THE CASE WAS NO LONGER MINE.
Explains why his notes end abruptly at item 17 — framing incomplete notes as a routine handoff decision rather than anything suspicious.
Mark Fuhrman
I WENT THERE ON A RADIO CALL A LONG TIME AGO. I THINK SO.
Fuhrman's casual acknowledgment that he had been to Rockingham before — his response to being asked to lead detectives there — plants the seed for the 1985 domestic violence call without dwelling on it.
Mark Fuhrman
THE ONLY ITEM OF FOOD OR ANYTHING THAT LOOKED OUT OF PLACE, BEING AN INTRUDER INTO THE HOUSE, IN OTHER WORDS, NEVER BEING IN THE HOUSE BEFORE.
Fuhrman's description of himself as 'an intruder' draws a quick clarifying exchange with Clark and humanizes his investigative thought process.

Evidence (9)

People's 104
Fuhrman's handwritten crime scene notes from 875 S. Bundy, 17 items across 3 pages
discussed item by item on direct
People's 80
Photograph of items near Nicole Brown Simpson's feet, including what appeared to be a pizza menu
introduced and identified by Fuhrman
People's 55
Photograph of Fuhrman pointing at glove and cap under bush at Bundy crime scene, taken around 7:00–7:15 a.m.
referenced; exhibit number confirmed by jurors
People's 105
Photograph of criminalist Dennis Fung pointing to blood smudge area on rear gate at 875 S. Bundy
introduced and identified
People's 53-A
Photograph of north walkway leading to rear gate, facing the alley
introduced and identified
People's 53-B
Close-up photograph showing evidence markers 115 and 116 — blood drops at bottom of rear gate rail
introduced and identified as matching item 13 in Fuhrman's notes
+ 3 more

Notable Exchanges (3)

Marcia ClarkMark FuhrmanJurors
When Clark could not recall which exhibit number showed Fuhrman pointing at the glove and cap, Judge Ito noted it, the clerk suggested 55, and Ito confirmed the jurors themselves called out '55' — an unusual moment of the jury participating in record-keeping.
light
Marcia ClarkMark Fuhrman
Clark asks Fuhrman about the significance of the 1985 domestic violence call to Rockingham. Fuhrman downplays it, saying 'ONLY THAT I KNEW PROBABLY HOW TO GET TO THE HOUSE' and that he did not even know why they were going there.
strategic
Marcia ClarkMark Fuhrman
Clark establishes through repeated questioning that Fuhrman was never alone at the Bundy crime scene — always accompanied by Officer Riske and/or Detective Phillips — building a chain-of-custody foundation against future planting allegations.
strategic

Light Moments (2)

Marcia Clark
When Fuhrman described himself as 'an intruder into the house,' Clark immediately clarified: 'You being the intruder, that is?' — drawing a small moment of levity as Fuhrman confirmed he meant himself as a newcomer to the residence.
Judge Ito / jurors
Jurors spontaneously called out the correct exhibit number (People's 55) when the parties were uncertain, prompting Ito to note 'THE JURORS SAY 55' and Clark to thank them.

Witness Demeanor

(NO AUDIBLE RESPONSE) — when asked what he did after finishing notes
(NO AUDIBLE RESPONSE) — when asked if he went back to his car

Objections

None recorded
Proceeding 5259 • 656 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAR 10, 1995 📄 Direct examination of Mark Fuh
MAR 10, 1995 KRT DvH TD