📄 Direct examination of Mark Fuhrman (part 2) — 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 2)

Witness: Det. Mark Fuhrman
Examiner: Marcia Clark
Called by: Prosecution • Date: Friday, March 10, 1995 • Utterances: 746
Marcia Clark conducts direct examination of Detective Mark Fuhrman covering his approach to the Bronco parked outside Rockingham, his discovery of what appeared to be blood on the driver's door, suspicious items inside the vehicle (shovel, plastic sheeting, packages addressed to O.J. Simpson), and the detectives' entry over the wall into the compound. The testimony then covers his contact with Kato Kaelin — including a nystagmus test — and Kaelin's account of hearing thumps on his wall at approximately 10:45 PM the prior night.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)
2 THE COURT:

THANK YOU, LADIES AND GENTLEMEN. BE SEATED. ALL RIGHT. DETECTIVE FUHRMAN, WOULD YOU RESUME THE WITNESS STAND, PLEASE. ALL RIGHT. GOOD MORNING AGAIN, DETECTIVE FUHRMAN. YOU ARE REMINDED YOU ARE STILL UNDER OATH.

3 DET. MARK FUHRMAN:

YES, YOUR HONOR.

4 THE COURT:

MISS CLARK, YOU MAY RESUME WITH YOUR DIRECT EXAMINATION.

5 MS. CLARK:

THANK YOU, YOUR HONOR.

6 Q:

BY MS. CLARK: WHEN WE LAST LEFT OFF, YOU WERE WALKING DOWN TOWARDS THE BRONCO; IS THAT RIGHT, SIR?

7 A:

YES, MA'AM.

8 Q:

OKAY.

9 MR. FAIRTLOUGH:

TWO, PLEASE. PEOPLE'S 62-A.

10 Q:

BY MS. CLARK: DO YOU RECOGNIZE THE VEHICLE THAT'S BEING SHOWN TO YOU IN THIS PHOTOGRAPH, SIR?

11 A:

YES. THAT APPEARS TO BE THE VEHICLE I SAW PARKED BY THE ROCKINGHAM GATE THAT MORNING.

12 Q:

OKAY. WAS IT PARKED IN THAT LOCATION, SIR?

13 A:

YES.

14 Q:

NOW, WHEN YOU FIRST APPROACHED THE BRONCO, YOU APPROACHED IT FROM WHAT END?

15 A:

NORTH OF THE BRONCO.

16 Q:

OKAY. SO THAT IF YOU -- AS YOU WALKED TOWARDS IT, YOU WERE FACING THE FRONT OF THE BRONCO; IS THAT RIGHT?

17 A:

YES.

18 Q:

WHAT DID YOU DO NEXT?

19 A:

I WAS WALKING TOWARDS THE BRONCO AND I MADE THE -- I NOTICED THAT IT WAS JUST PARKED JUST A LITTLE ASKEW, A LITTLE STRANGELY. IT LOOKED LIKE THERE WAS NO DIFFICULTY IN PARKING THERE, BUT YET IT LOOKED LIKE IT WAS PARKED RATHER HAPHAZARDLY.

20 Q:

CAN YOU BE A LITTLE MORE SPECIFIC, WHAT DO YOU MEAN BY THAT?

21 A:

WELL, IT APPEARED THAT IT WASN'T PULLED TO THE CURB EVENLY. THE REAR END WAS JUTTING OUT A LITTLE BIT AND THE TIRES WEREN'T STRAIGHT IN THE FRONT COMPLETELY.

22 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 62-E.

23 Q:

BY MS. CLARK: ALL RIGHT. SHOWING YOU THIS PHOTOGRAPH, SIR, IF YOU CAN TELL US WHETHER THAT APPEARS TO BE THE SAME FORD BRONCO THAT WE JUST SAW IN THE PREVIOUS PHOTOGRAPH.

24 A:

IT APPEARS TO BE, YES.

25 Q:

AND THE POSITION IN WHICH YOU SEE IT IN THIS PHOTOGRAPH, DOES THAT APPEAR TO BE THE POSITION IN WHICH YOU SAW IT ON JUNE THE 13TH AT APPROXIMATELY 5:00 A.M.?

26 A:

YES. I CAN'T SEE IT FROM THE FRONT, BUT THE REAR APPEARS TO BE ABOUT THE SAME POSITION, YES.

27 Q:

NOW, THE BRONCO THAT YOU'RE TALKING ABOUT LOOKING AT HERE, IS THAT THE SAME BRONCO THAT YOU PASSED ON THE WAY TO PARKING ON ASHFORD?

28 A:

YES, MA'AM.

29 Q:

AND WHEN YOU NOTICED THAT IT WAS PARKED A LITTLE BIT ASKEW OR A LITTLE BIT HAPHAZARDLY, WERE YOU LOOKING AT IT FROM THE FRONT OR FROM THE REAR?

30 A:

FROM THE FRONT.

31 Q:

WHAT HAPPENED NEXT?

32 A:

I WALKED CLOSER TO THE BRONCO, AND AS I APPROACHED TO THE LEFT OF THE BRONCO, WHICH WOULD BE EAST, ON THE PARKWAY, I SAW A BROKEN PIECE OF WOOD. IT WAS WHITE WOOD WITH A FRESHLY EXPOSED PIECE OF WOOD.

33 Q:

WHY DID THAT DRAW YOUR ATTENTION?

34 A:

WELL, IT LOOKED OUT OF PLACE. THERE WAS -- THIS IS A PARKWAY. THERE WAS NOTHING THAT RESEMBLED THIS. THERE WAS NO GARBAGE. THERE WAS NO LEAVES, LIMBS, ANYTHING. IT WAS JUST ODD AND I DID NOT SEE AT ANY TIME ANY TYPE OF WOOD FENCE ANYWHERE WHERE I CAME UP ROCKINGHAM OR ANYWHERE AROUND THE PREMISES.

35 MS. CLARK:

OKAY. YOUR HONOR, I HAVE A PHOTOGRAPH THAT'S BEEN SHOWN TO COUNSEL, I ASK IT BE MARKED PEOPLE'S 106.

36 THE CLERK:

107.

37 MS. CLARK:

107.

38 THE COURT:

PEOPLE'S 106.

39 MS. CLARK:

IS IT 10 --

40 THE COURT:

107.

41 (PEO'S 107 FOR ID = PHOTOGRAPH)
42 Q:

BY MS. CLARK: SHOWING YOU PEOPLE'S 107, SIR, CAN YOU TELL US -- YOU JUST DESCRIBED A WOODEN STICK THAT YOU SAW NEAR THE BRONCO SHORTLY AFTER 5:00 A.M. ON JUNE THE 13TH. DO YOU RECOGNIZE WHAT'S SHOWN TO YOU IN THIS PHOTOGRAPH?

43 A:

YES. IT APPEARS TO BE A -- DIRECTLY EAST OF THE RIGHT FRONT TIRE OF THE BRONCO ON THE PARKWAY.

44 Q:

I AM SORRY. IS THAT THE POSITION IN WHICH YOU SAW IT ON THE EARLY MORNING HOURS OF JUNE THE 13TH?

45 A:

YES, I BELIEVE SO.

46 MS. CLARK:

AND THE NEXT PHOTOGRAPH ALSO BEEN SHOWN TO COUNSEL, ASK THAT IT BE MARKED AS PEOPLE'S 108.

47 THE COURT:

ALL RIGHT. 108.

48 (PEO'S 108 FOR ID = PHOTOGRAPH)
49 Q:

BY MS. CLARK: SHOWING YOU PEOPLE'S 108, SIR, CAN YOU TELL US IF YOU RECOGNIZE THAT ITEM?

50 A:

YES. THAT APPEARS TO BE THE PIECE OF WOOD WITH THE EXPOSED WOOD.

51 Q:

THAT YOU SAW?

52 A:

YES.

53 Q:

WAS THERE ANY PAINT ON THAT WOOD?

54 A:

YES. IT APPEARED TO BE OLD WHITE PAINT.

55 Q:

THERE APPEARS TO BE SOME KIND OF A SMUDGE IN THE MIDDLE OF THAT, A DARKER COLOR IN THE MIDDLE OF THAT PIECE OF WOOD?

56 A:

YES.

57 Q:

BASED UPON YOUR RECOLLECTION, YOUR OBSERVATION OF THAT PIECE OF WOOD, SIR, DID THERE APPEAR TO BE ANY BLOOD ON IT?

58 A:

NO.

59 Q:

DO YOU -- THAT SMUDGE THAT YOU SEE THERE, DO YOU RECALL SEEING THAT DARKER SPOT ON THE WOOD WHEN YOU OBSERVED IT?

60 A:

YES, MA'AM.

61 Q:

AND WHAT WAS IT?

62 A:

TO ME, IT LOOKED LIKE THE PATH OF A IRON NAIL THAT HAD RUSTED AND CAUSED RUST TO BE LEFT ON THE WOOD.

63 Q:

UH-HUH. WAS THERE ANY OTHER DEBRIS AROUND THAT PIECE OF WOOD ON THE LAWN?

64 A:

I DON'T BELIEVE SO, NO.

65 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 107.

66 Q:

BY MS. CLARK: AFTER YOU MADE THE OBSERVATION OF THAT PIECE OF WOOD, WHAT ELSE DID YOU DO?

67 A:

I WAS STILL TOWARDS THE FRONT OF THE VEHICLE, AND JUST AS I PASSED THE FRONT BUMPER, I LAID THE BACK OF MY HAND TOWARDS WHERE THE RADIATOR PART OF THE ENGINE WOULD BE DIRECTLY UNDERNEATH THE HOOD. IT DIDN'T SEEM TO BE WARM TO THE TOUCH AT ALL. I WALKED AROUND --

68 Q:

AND -- I AM SORRY. EXCUSE ME. I AM SORRY TO INTERRUPT. WHY DID YOU DO THAT?

69 A:

JUST TO SEE IF THE VEHICLE HAD BEEN DRIVEN RECENTLY.

70 Q:

OKAY. AND THIS WAS AFTER 5:00 A.M. NOW THAT YOU'RE DOING THIS; IS THAT RIGHT?

71 A:

YES.

72 Q:

IS THAT WHAT OFFICER RISKE ALSO DID AT 875 SOUTH BUNDY WITH THE FERRARI AND THE JEEP CHEROKEE WHEN HE FIRST ARRIVED AROUND MIDNIGHT AT 875 SOUTH BUNDY; PLACE HIS HAND ON THE CARS?

73 A:

YES.

74 Q:

IS THAT SOMETHING ROUTINELY DONE?

75 A:

YES, MA'AM.

76 Q:

I AM SORRY. GO AHEAD. I INTERRUPTED.

77 A:

THEN I WALKED TO THE RIGHT SIDE OF THE VEHICLE, THE DRIVER'S SIDE OF THE VEHICLE AND I WAS JUST LOOKING AT THE VEHICLE AS I WAS WALKING DOWN THE LENGTH OF IT.

78 Q:

OKAY. WHAT WERE YOU LOOKING FOR?

79 A:

OH, I DIDN'T KNOW. I DIDN'T KNOW WHAT I HAD SEEN.

80 Q:

SO YOU'RE JUST LOOKING AT IT?

81 A:

YES.

82 Q:

AND AT THAT POINT, WERE YOU WAITING FOR SOMEBODY -- WHAT WERE YOU DOING OTHER THAN LOOKING AT THE CAR? WERE YOU WAITING FOR SOMETHING?

83 A:

I WAS WAITING FOR SOMEONE TO ANSWER THE RESIDENCE RINGER OR DETECTIVE PHILLIPS TO OBTAIN SOME INFORMATION ON THE WHEREABOUTS OF ANYONE INSIDE IF HE COULD GET A -- I WAS WAITING FOR THEM TO GET SOMEONE TO ANSWER THE DOOR.

84 Q:

AND THE GATE, THE ROCKINGHAM GATE THAT THE BRONCO WAS PARKED JUST NORTH OF, WAS THAT CLOSED?

85 A:

YES, IT WAS.

86 Q:

AND THE ASHFORD GATE, WAS THAT CLOSED?

87 A:

YES, IT WAS.

88 Q:

AND THE OTHER DETECTIVES, WERE THEY AROUND THE ASHFORD GATE?

89 A:

I BELIEVE VANNATTER AND LANGE WERE IN THAT GENERAL AREA AND DETECTIVE PHILLIPS THE LAST TIME I SAW HIM WAS STANDING IN THE STREET WITH A CELLULAR PHONE.

90 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
91 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 62-C. I'M SORRY. YEAH. C. EXCUSE ME. PEOPLE'S 62-B.

92 Q:

BY MS. CLARK: THERE WE GO. ALL RIGHT. YOU SAID YOU WALKED ON THE DRIVER'S SIDE OF THE BRONCO. AND DO YOU RECOGNIZE THAT SIDE IN THIS PHOTOGRAPH?

93 A:

YES, I DO.

94 Q:

WHAT, IF ANYTHING, DID YOU NOTICE ON THE DRIVER'S SIDE OF THE BRONCO AS YOU LOOKED AT IT?

95 A:

WELL, AS I WAS WALKING PAST THE VEHICLE, I NOTICED A SMALL SPOT ABOVE THE DOOR HANDLE OF THE DRIVER'S SIDE OF THE VEHICLE.

96 Q:

WHY DID THAT ATTRACT YOUR ATTENTION?

97 A:

WELL, THE VEHICLE, AS YOU CAN SEE, IS WHITE AND IT STOOD OUT SOMEWHAT. IT WAS A VERY CLEAN VEHICLE.

98 Q:

UH-HUH. AND WERE YOU ABLE -- AS YOU LOOKED AT THE CAR DOOR, WERE YOU ABLE TO SEE CLEARLY WHAT IT WAS AT FIRST GLANCE?

99 A:

NO.

100 Q:

WHAT DID YOU DO WHEN YOU NOTICED IT?

101 A:

I TOOK THE SMALL FLASHLIGHT OFF MY BELT AND I USED THAT FLASHLIGHT TO LOOK AT THE SPOT.

102 Q:

THE SAME FLASHLIGHT YOU USED AT 875 SOUTH BUNDY?

103 A:

YES, MA'AM.

104 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 62-C.

105 Q:

BY MS. CLARK: WHERE DID YOU CARRY THAT FLASHLIGHT, SIR?

106 A:

ON THE LEFT SIDE OF MY DUTY BELT THAT I WEAR WITH MY DETECTIVE OUTFIT I GUESS YOU'D CALL IT.

107 Q:

AND YOUR DETECTIVE OUTFIT WAS -- CONSISTED OF?

108 A:

TIE, JACKET, SHIRT, SLACKS.

109 Q:

BUT YOU WEREN'T WEARING YOUR JACKET AT THAT TIME?

110 A:

NO, I WASN'T.

111 Q:

SO YOU WHAT, YOU JUST CLIP THAT TO YOUR BELT?

112 A:

IT SNAPS ON THE BELT AND THEN THE SMALL FLASHLIGHT JUST HANGS ON A SMALL HOLDER.

113 Q:

NOW, SHOWING YOU PEOPLE'S 62-C, CAN YOU TELL US IF YOU RECOGNIZE WHAT IS SHOWN IN THAT PHOTOGRAPH?

114 A:

THAT'S THE SMALL SPOT THAT I SAW ABOVE THE DOOR HANDLE.

115 Q:

UH-HUH. WHAT DID IT LOOK LIKE TO YOU?

116 A:

WELL, AT FIRST, IT JUST LOOKED LIKE A SPOT OF UNKNOWN ORIGIN. WHEN I TOOK THE FLASHLIGHT OUT, I LOOKED AT IT AND IT LOOKED REDDISH BROWN AND TRANSLUCENT QUALITIES TO IT AND APPEARED TO BE DRY BLOOD.

117 Q:

AFTER YOU SAW THAT, WHAT DID YOU DO?

118 A:

THEN I CONTINUED TO LOOK FARTHER AROUND THE VEHICLE. AT ONE POINT, I ACTUALLY GOT DOWN ON MY HANDS AND KNEES AND LOOKED IN THE COMPLETE DOOR AREA, AND DOWN ON THE DOOR SILL I FOUND THREE OR FOUR SMALL LITTLE LINES WITH THE SAME COLOR AND QUALITIES THAT WERE EXHIBITED ABOVE THE DOOR HANDLE.

119 Q:

OKAY. AND THOSE -- WHAT AREA OF THE DOOR? WAS THAT THE DRIVER'S DOOR, SIR?

120 A:

YES.

121 Q:

OKAY. AND WHAT AREA OF THE DRIVER'S DOOR WOULD THAT BE THAT YOU SAW THOSE THREE OR FOUR LINES THAT LOOKED THE SAME COLOR AS THE SMUDGE SHOWN IN 62-C?

122 A:

AS YOU OPEN THE DRIVER'S DOOR, THE AREA THAT THE DRIVER'S DOOR WOULD OPEN TO EXPOSE AT THE BOTTOM WOULD BE CALLED THE DOOR SILL, AND THAT EDGE THAT IS EXPOSED TO THE EXTERIOR BUT STILL PART OF THE BOTTOM OF THE SILL, IT WAS ON THAT PART.

123 Q:

OKAY. WHAT DID YOU THINK WHEN YOU SAW ALL THAT?

124 A:

I REALLY DIDN'T KNOW AT THAT TIME, BUT I CONTINUED TO LOOK AT THE VEHICLE TO SEE IF I COULD OBSERVE ANYTHING ELSE.

125 Q:

DID YOU --

126 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
127 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 62-B, YOUR HONOR.

128 Q:

BY MS. CLARK: WHY DON'T YOU SHOW US -- I'M GOING TO USE THE LASER LIGHT. YOU DIRECT THE LIGHT, TELL ME WHERE -- TELL US WHERE YOU SAW --

129 A:

ON THIS SCREEN?

130 Q:

RIGHT, IF YOU CAN. CAN YOU SEE IT, SIR, FROM WHERE YOU'RE SITTING?

131 A:

YES.

132 Q:

ALL RIGHT. DIRECT THE LIGHT SO THE JURY CAN SEE --

133 A:

RAISE IT UP --

134 Q:

-- WHERE YOU SAW THOSE THREE LINES YOU TALKED ABOUT.

135 A:

YOU CAN SEE THE LINE OF THE DOOR THAT OUTLINES THE DOOR THAT WOULD OPEN. GO DIRECTLY UP, NOW TO THE LEFT. YOU CAN CIRCLE ANY AREA IN THAT SIX INCHES PROBABLY IN THAT AREA, YES.

136 Q:

AND THAT'S WHERE YOU SAW THOSE THREE LINES THAT APPEARED TO BE THE SAME COLOR AS THE SPOT POINTED TO BY DENNIS FUNG UP HERE?

137 A:

YES.

138 Q:

SO YOU CONTINUED TO LOOK AT THE VEHICLE, DID YOU?

139 A:

YES, I DID.

140 Q:

WHERE DID YOU LOOK?

141 A:

I ATTEMPTED TO LOOK IN THE VEHICLE WITH MY FLASHLIGHT. IT WASN'T VERY HIGH POWERED AND THERE WAS TINTED WINDOWS. SO THAT WAS SOMEWHAT DIFFICULT. AT ONE POINT, I CUPPED MY FLASHLIGHT AND TRIED TO GET THE BEAM TO FOCUS AS MUCH AS I COULD, AND I SAW A PACKAGE IN THE REAR CARGO AREA.

142 MS. CLARK:

OKAY.

143 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 62-F.

144 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT YOU SEE IN THIS PHOTOGRAPH, SIR?

145 A:

WELL, I BELIEVE THAT'S WHAT I SAW IN THE REAR, YES.

146 Q:

OKAY. AND WHAT, IF ANY, IDENTIFYING INFORMATION WAS ON THOSE PACKAGES OR ANY OF THEM?

147 A:

I SAW "O.J. SIMPSON" ON THE ADDRESS OR "O.J. SIMPSON ENTERPRISES" AND "ATTENTION CATHY."

148 Q:

UH-HUH. AND DID THAT CAUSE YOU TO FORM SOME OPINION ABOUT WHO OWNED THE CAR, SIR?

149 A:

WELL, IT SEEMED TO BE MR. SIMPSON'S OR SOMEONE THAT WORKED FOR HIM.

150 Q:

WHAT ELSE DID YOU SEE IN THE REAR CAR -- NEVER MIND. STRIKE THAT. ALL RIGHT. AS YOU MADE -- AFTER YOU MADE THOSE OBSERVATIONS OF THE PACKAGES IN THE REAR CARGO AREA, DID YOU NOTICE ANYTHING ELSE IN THE REAR CARGO AREA?

151 A:

YES, I DID.

152 Q:

WHAT WAS THAT?

153 A:

THERE WAS A SHOVEL THAT WAS APPROXIMATELY FIVE FEET LONG. IT WAS -- I CAN'T REMEMBER IF IT WAS A POINTED OR A FLAT-NOSE SHOVEL, BUT IT WAS TURNED POINT DOWN; IN OTHER WORDS, THE CUTTING EDGE DOWN, AND THERE WAS A LARGE PIECE OF HEAVY GAUGE PLASTIC THAT WAS TUCKED IN A SIDE CARGO AREA IN THE REAR PART OF THE VEHICLE.

KEY QUOTE
154 Q:

CAN YOU SEE ANYTHING IN THIS PHOTOGRAPH THAT DEPICTS WHAT YOU'VE JUST DESCRIBED?

155 A:

YES, I DO.

156 Q:

AND WHERE IS THAT?

157 A:

IN THE LEFT CORNER OF THIS PHOTOGRAPH, I SEE THE SHOVEL THAT I'M DESCRIBING.

158 Q:

AND WHERE DID YOU SEE THE PLASTIC, SIR?

159 A:

THERE'S A POCKET AREA TO THE -- ON THE PASSENGER SIDE OF THE VEHICLE.

160 Q:

IN THE REAR CARGO AREA?

161 A:

IN THE REAR CARGO AREA, AND IT WAS FOLDED AND IT WAS TUCKED IN THAT AREA.

162 Q:

TUCKED IN THE POCKET?

163 A:

IT WAS A POCKET OR A NETTING. I'M NOT SURE WHICH IT WAS. IT SEEMED TO BE HELD THERE.

164 (BRIEF PAUSE.)
165 MS. CLARK:

YOUR HONOR, I HAVE A PHOTOGRAPH THAT'S ALREADY BEEN SHOWN TO COUNSEL, ASK THAT IT BE PEOPLE'S 109.

166 THE COURT:

ALL RIGHT. PEOPLE'S 109, PHOTOGRAPH.

167 (PEO'S 109 FOR ID = PHOTOGRAPH)
168 Q:

BY MS. CLARK: SHOWING YOU PEOPLE'S 109, SIR, DO YOU RECOGNIZE WHAT'S SHOWN IN THIS PHOTOGRAPH?

169 A:

YES. THAT IS THE SHOVEL I DESCRIBED.

170 Q:

IS THAT THE POSITION IN WHICH YOU SAW IT, SIR, WHEN YOU LOOKED THROUGH THE REAR CARGO WINDOW OF THE BRONCO IN THE EARLY MORNING HOURS OF JUNE THE 13TH?

171 A:

YES, IT IS.

172 Q:

AFTER YOU MADE THOSE OBSERVATIONS, SIR, WHAT DID YOU DO NEXT?

173 A:

I WENT BACK TOWARDS ASHFORD AND I -- I DIDN'T WANT TO YELL TO THE OTHER DETECTIVES, BUT I WANTED TO TALK TO THEM ABOUT SOME OF THE OBSERVATIONS I MADE.

174 Q:

AND WHO DID YOU CONTACT?

175 A:

I SAW DETECTIVE LANGE UP TOWARDS THE INTERSECTION OF ASHFORD AND ROCKINGHAM, AND I BELIEVE I WALKED THAT AREA. I DIDN'T GET REAL CLOSE, BUT I GOT CLOSE ENOUGH WHERE I DIDN'T HAVE TO USE AN ELEVATED VOICE TO COMMUNICATE, AND I GOT DETECTIVE VANNATTER AND LANGE TO COME DOWN TO THE BRONCO.

176 Q:

NOW, WHEN YOU -- WHEN YOU CONTACT -- MADE CONTACT WITH DETECTIVE LANGE, WHERE WAS HE?

177 A:

I THINK HE WAS ON ASHFORD AND ROCKINGHAM INTERSECTION MORE INBOARD OF ROCKINGHAM ON ASHFORD, BUT I COULD VISIBLY SEE HIM AS I WAS WALKING TOWARDS THAT DIRECTION.

178 Q:

UH-HUH. AND DETECTIVE VANNATTER, WHERE WAS HE WHEN YOU MADE CONTACT WITH HIM?

179 A:

I DON'T RECALL SEEING HIM INITIALLY WHEN I TURNED AROUND. I BELIEVE HE WAS BACK TOWARDS THE GATE.

180 Q:

SO YOU CONTACTED DETECTIVE LANGE FIRST AT THE CORNER OF ASHFORD AND ROCKINGHAM?

181 A:

I BELIEVE SO, YES.

182 Q:

OKAY. AND AFTER YOU TOLD HIM WHAT YOU'D SEEN, WHAT DID YOU DO NEXT?

183 A:

WELL, I BELIEVE I SAID, "I THINK I SAW SOMETHING ON THE BRONCO," AND VANNATTER AND LANGE AND I BOTH WALKED DOWN THERE AT THE SAME TIME.

184 Q:

SO YOU ALL WALKED DOWN, THE THREE OF YOU TOGETHER?

185 A:

YES.

186 Q:

AND WHAT DID YOU DO THEN?

187 A:

I SHOWED THEM THE OBSERVATIONS. FIRST, THE -- AS WE WERE WALKING, I DESCRIBED THE WAY THE BRONCO FIRST KIND OF GOT MY ATTENTION. THEN I SHOWED THEM THE PIECE OF WOOD AND THEN THE SPOT THAT I THOUGHT WAS BLOOD, THE FOUR SMALL MARKS THAT I THOUGHT WAS BLOOD. I DESCRIBED WHAT WAS IN THE VEHICLE AND TRIED TO USE MY FLASHLIGHT AND GIVE THEM THE ABILITY TO SEE THOSE ITEMS.

188 Q:

AND WHAT HAPPENED NEXT?

189 A:

AT SOME POINT, DETECTIVE PHILLIPS WALKED DOWN THE STREET AND JOINED --

190 Q:

TOWARDS YOU?

191 A:

YES. AND I'M NOT SURE HOW LONG HE STAYED THERE. I REMEMBER DETECTIVE VANNATTER SAID, "LET'S RUN THE VEHICLE"; IN OTHER WORDS, RUN A DMV ON THE VEHICLE.

192 Q:

OKAY. AND WHAT DOES THAT MEAN, SIR, WHEN YOU SAY RUN THE DMV?

193 A:

USE THE RADIO TO RUN A DEPARTMENT OF MOTOR VEHICLES CHECK ON THE LICENSE PLATE TO THE REGISTERED OWNER.

194 Q:

WHOSE RADIO DID YOU USE?

195 A:

I HAD A RADIO. I'M NOT SURE IF IT WAS TAKEN FROM OUR VEHICLE OR ROBBERY-HOMICIDE'S, BUT WE HAD A ROVER.

196 Q:

OKAY. AND DID YOU DO THAT, RUN THE DMV THAT IS?

197 A:

YES, I DID.

198 Q:

WHAT DID IT COME BACK TO?

199 A:

HERTZ RENT-A-CAR.

200 Q:

WHAT, IF ANYTHING, DID THAT TELL YOU IN TERMS OF THE OWNERSHIP OF THE CAR?

201 A:

IT BELONGED TO HERTZ RENT-A-CAR.

202 Q:

DID THAT GIVE YOU ANY FURTHER INFORMATION CONCERNING THE POSSIBILITY THAT IT WAS THE DEFENDANT'S VEHICLE?

203 A:

WELL, I HAD KNOWN THAT HE HAD WORKED FOR HERTZ RENT-A-CAR ONLY FROM COMMERCIALS. BUT THE PACKAGE IN THE REAR COUPLED WITH THE DMV, I CONCLUDED THAT AT THAT TIME.

204 Q:

OKAY. THAT HE WAS THE OWNER?

205 A:

THAT HE COULD BE THE OWNER OR HIS CORPORATION, YES.

206 Q:

DID YOU GIVE THAT INFORMATION TO EITHER DETECTIVE VANNATTER OR DETECTIVE LANGE?

207 A:

YES, I DID.

208 Q:

WHAT HAPPENED NEXT?

209 A:

WELL, AT THAT POINT, DETECTIVE LANGE WALKED BACK UP TOWARDS ASHFORD AND ROCKINGHAM AND I BELIEVE EVENTUALLY TO THE FRONT GATE AT ASHFORD AND DETECTIVE VANNATTER AND I STOOD FOR A MOMENT SEVERAL FEET IN FRONT OF THE BRONCO AND WE DISCUSSED EXACTLY WHAT WE HAD OBSERVED AND WHAT IMPACT IT WOULD HAVE ON WHAT WE WERE ATTEMPTING TO DO.

210 Q:

AND WHAT WERE YOU ATTEMPTING TO DO?

211 A:

WELL, WE WERE THERE TO MAKE NOTIFICATION, BUT WE WERE FAIRLY UNSUCCESSFUL AT RAISING ANYONE IN THE HOME.

212 Q:

AND WHAT WERE YOU GOING TO DO ABOUT THAT?

213 A:

WELL, I DON'T KNOW -- I WASN'T DOING ANYTHING. I WAS NOT IN CHARGE. BUT AS FAR AS THE OBSERVATIONS ON THE BRONCO, I THINK DETECTIVE VANNATTER AND I BOTH VOCALIZED OUR CONCERN THAT COMING FROM THE SCENE OF A DOUBLE HOMICIDE AND NOW WE'RE AT THIS LOCATION WITH A VEHICLE PARKED AT THIS LOCATION WITH WHAT WE BELIEVE IS BLOOD AND WE BELIEVE IT BELONGED TO MR. SIMPSON.

214 Q:

DID YOU ATTEMPT TO GET ANY FURTHER INFORMATION OR TO YOUR KNOWLEDGE WAS FURTHER INFORMATION OBTAINED FROM WESTEC ABOUT WHETHER -- ABOUT THE -- WHETHER YOU SHOULD EXPECT TO FIND SOMEONE IN THE RESIDENCE?

215 A:

WELL, I BELIEVE THAT WE EVENTUALLY OR DETECTIVE PHILLIPS EVENTUALLY GOT THE RESIDENCE PHONE NUMBER INSIDE THE RESIDENCE, WHICH WAS UNSUCCESSFUL TO RAISE ANYBODY.

216 Q:

SO HE HAD CALLED INTO THE RESIDENCE, HAD HE?

217 A:

YES. I DON'T KNOW IF HE ACQUIRED THAT FROM WESTEC OR THE WATCH COMMANDER, BUT --

218 Q:

NOW, DID YOU HAVE ANY CONTACT WITH THE WESTEC UNIT?

219 A:

THERE WAS A WESTEC UNIT THAT WAS TRAVELING NORTHBOUND ON ROCKINGHAM THAT PARKED HIS VEHICLE ON ROCKINGHAM AND EXITED THAT VEHICLE AND WALKED TOWARDS ME.

220 Q:

AND WAS THAT -- CAN YOU TELL US, SIR, HAD YOU SEEN ANY KIND OF WESTEC SIGN ON ANY PART OF THE PROPERTY OUTSIDE OF THE -- EITHER THE ASHFORD OR THE ROCKINGHAM GATE?

221 A:

I DIDN'T NOTICE ANY SIGN, NO.

222 Q:

WHAT IS WESTEC?

223 A:

WESTEC'S A PRIVATE SECURITY FIRM THAT -- AN ARMED SECURITY FIRM THAT USUALLY INSTALLS ALARMS AND THEY HAVE RESPONSE UNITS THAT CAN INVESTIGATE ANYTHING FROM A PANIC ALARM TO A POSSIBLE BURGLAR TO TRESPASSING.

224 Q:

OKAY. AND YOU MADE CONTACT WITH SOMEONE FROM WESTEC THAT NIGHT?

225 A:

YES.

226 Q:

IN THAT EARLY MORNING?

227 A:

YES.

228 Q:

DID YOU GET SOME INFORMATION FROM THAT PERSON?

229 A:

YES, I DID.

230 Q:

AND WHAT INFORMATION WAS THAT?

231 A:

AS THE WESTEC SERGEANT WAS PASSING MYSELF, I STOPPED HIM AND I SAID, "IS THERE ANYBODY THAT'S SUPPOSED TO BE AT HOME NOW," AND HE RESPONDED THAT, "WELL, THERE'S A LIVE-IN MAID THAT'S SUPPOSED TO BE THERE 24 HOURS A DAY."

232 Q:

UH-HUH. AND WHAT DID YOU DO WITH THAT INFORMATION?

233 A:

WELL, I DIRECTLY WENT BACK TO DETECTIVE VANNATTER AND LANGE'S LOCATION BY THE ASHFORD GATE AND INFORMED THEM OF THAT SITUATION OR THAT INFORMATION.

234 Q:

AND WHAT TIME WAS IT BY THAT TIME AT THAT POINT WHEN YOU WENT TO TELL DETECTIVE VANNATTER THAT YOU HAD LEARNED THE MAID WAS SUPPOSED TO BE THERE ALL THE TIME, IF YOU RECALL?

235 A:

WELL, I THINK IT HAD TO BE 30 OR 40 MINUTES SINCE WE'D BEEN THERE. IT'S PROBABLY A QUARTER TO 6:00, 10 TO 6:00.

236 Q:

WHAT HAPPENED NEXT?

237 A:

AT THIS POINT, THERE WAS MORE DISCUSSION ABOUT EXACTLY WHAT WAS GOING ON AT THE LOCATION AND OUR CONCERN THAT THERE COULD BE ANOTHER VICTIM OR SOME TYPE OF A SITUATION HERE THAT WE DIDN'T QUITE UNDERSTAND.

238 Q:

YOU'D BEEN THERE -- OKAY. IT'S QUARTER TO 6:00 OR 10 TO 6:00 AT THAT POINT?

239 A:

YES.

240 Q:

YOU INDICATED I BELIEVE THAT YOU LEFT -- YOU AND DETECTIVE PHILLIPS LEFT BUNDY AT ABOUT 5:00 A.M.; IS THAT RIGHT?

241 A:

YES.

242 Q:

AND THAT YOU -- IT TOOK ABOUT FIVE TO 10 MINUTES TO GET TO 360 NORTH ROCKINGHAM?

243 A:

YES.

244 Q:

SO AT THE VERY LATEST, YOU WOULD HAVE GOTTEN THERE AT ABOUT 10 AFTER 5:00?

245 A:

YES.

246 Q:

SO YOU -- YOU -- THE FOUR OF YOU WERE OUTSIDE TRYING TO REACH SOMEONE INSIDE THE HOUSE FROM ABOUT 10 AFTER 5:00 TO AT LEAST A QUARTER TO 6:00 OR 10 TO 6:00?

247 A:

YES, MA'AM.

248 Q:

ALL RIGHT. SO YOU INDICATED AT THAT POINT AFTER YOU HAD BEEN THERE FOR APPROXIMATELY 35 TO 40 MINUTES, YOU AND DETECTIVE LANGE OR -- WHO WERE YOU -- WHO WAS TALKING?

249 A:

DETECTIVE VANNATTER AND I WERE SPEAKING IN FRONT OF THE BRONCO INITIALLY AND -- ARE YOU TALKING ABOUT THAT LOCATION OR AT -- BY THE ASHFORD GATE?

250 Q:

YOU TELL ME. AT ABOUT QUARTER TO 6:00 OR 10 TO 6:00, WHERE WERE YOU?

251 A:

WE WERE AT THE ASHFORD GATE, THE THREE OF US, AND I BELIEVE DETECTIVE PHILLIPS WAS STILL ON THE CELLULAR PHONE.

252 Q:

UH-HUH. OKAY. AND WHAT WERE YOU TALKING ABOUT?

253 A:

WELL, WHAT WE'D BEEN CONFRONTED WITH. WE HAD SOME SMALL PIECES OF EVIDENCE THAT WOULD INDICATE THAT QUITE POSSIBLY, SOMEBODY HAD LEFT THE BUNDY SCENE AND COME TO THE ROCKINGHAM LOCATION.

254 Q:

SO WERE YOU -- WHO WAS DECIDING WHAT TO DO? WHO WAS --

255 A:

DETECTIVE VANNATTER WAS DOING MOST OF THE TALKING. WE HAD PREVIOUSLY DISCUSSED OUR CONCERNS WITH ANOTHER POSSIBLE VICTIM OR A KIDNAP TYPE ROBBERY, MURDER SUICIDE. WE HAD NO IDEA EXACTLY WHAT WE WERE CONFRONTED WITH AT THAT POINT.

256 Q:

WHO WAS IN CHARGE THERE AT 360 NORTH ROCKINGHAM?

257 A:

I WOULD HAVE TO SAY DETECTIVE VANNATTER.

258 Q:

WERE YOU THE MOST JUNIOR DETECTIVE THERE, SIR?

259 A:

THE MOST --

260 Q:

JUNIOR DETECTIVE THERE.

261 A:

YES, I WAS. YES.

262 Q:

AND THE YOUNGEST TOO?

263 A:

YES.

264 Q:

WHAT HAPPENED NEXT?

265 A:

AT SOME POINT, A CONCLUSION WAS MADE BY DETECTIVE VANNATTER THAT WE WOULD HAVE TO FIND A WAY TO GET INTO THE COMPOUND AT 360 NORTH ROCKINGHAM.

266 Q:

WHAT HAPPENED NEXT?

267 A:

THERE WAS A QUESTION HOW -- HOW WE'RE GOING TO DO THIS, AND I SUGGESTED, "YOU WANT ME TO GO OVER THE WALL?"

268 Q:

YOU WERE THE MOST JUNIOR DETECTIVE, CORRECT?

269 A:

YES, MA'AM.

270 Q:

AND WERE YOU IN THE BEST PHYSICAL SHAPE OF THE FOUR DETECTIVES THERE?

271 A:

WELL, I DON'T -- YOU KIND OF PUT ME ON THE SPOT, BUT I THINK I WAS THE TALLEST DETECTIVE.

272 Q:

OKAY. YOU'RE CERTAINLY THE YOUNGEST?

273 A:

I WAS THE YOUNGEST, YES.

274 Q:

WHAT WERE YOU WEARING AT THAT TIME?

275 A:

WHITE SHIRT, TIE, SLACKS.

276 Q:

NO JACKET?

277 A:

NO JACKET.

278 Q:

ALL RIGHT. SO YOU ASKED DETECTIVE VANNATTER IF HE WANTED YOU TO GO OVER THE WALL?

279 A:

I THINK I MADE THE STATEMENT AND THEN HE JUST SAID, "OKAY."

KEY QUOTE
280 Q:

OKAY. SO THAT DECISION WAS UP TO HIM TO MAKE; IS THAT RIGHT?

281 A:

YES.

282 Q:

AND THEN WHAT HAPPENED?

283 A:

I JUMPED THE WALL JUST TO THE LEFT OR EAST OF THE ASHFORD GATE, LANDED ON THE OTHER SIDE, CAME AROUND AND RELEASED THE HYDRAULIC ARM TO THE GATE ON ASHFORD AND LET THE OTHER DETECTIVES INTO THE LOCATION.

284 Q:

AND THEN WHAT HAPPENED NEXT?

285 A:

I BELIEVE DETECTIVE PHILLIPS AND VANNATTER WERE SOMEWHAT AHEAD WALKING AND THEN DETECTIVE LANGE AND THEN MYSELF TRAILING AND DETECTIVE VANNATTER AND DETECTIVE PHILLIPS WENT TO THE FRONT DOOR.

286 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
287 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 64.

288 Q:

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

289 A:

YES, I DO.

290 Q:

AND WHAT IS THAT?

291 A:

THAT'S THE ASHFORD GATE AT 360 NORTH ROCKINGHAM.

292 Q:

DO YOU SEE AN ANIMAL ON THE -- JUST TO THE INSIDE OF THE GATE?

293 A:

YES.

294 Q:

OKAY. DOES THAT APPEAR TO BE A DOG?

295 A:

YES, IT IS.

296 Q:

NOW, CAN YOU SEE THE FRONT DOOR AREA FROM THE VANTAGE POINT OF THIS PHOTOGRAPH?

297 A:

WELL, I KNOW WHERE THE FRONT DOOR IS, BUT IT'S VERY DIFFICULT TO SEE FROM THIS PHOTOGRAPH.

298 Q:

CAN YOU -- IF YOU CAN SEE THE SCREEN, PLEASE DIRECT THE POINTER TO THE AREA WHERE YOU -- WHERE THE FRONT DOOR IS.

299 A:

GO STRAIGHT UP AND THEN TO THE LEFT AND THEN A LITTLE HIGHER. RIGHT IN THAT AREA I SUPPOSE (INDICATING).

300 Q:

UH-HUH. OKAY. AND IS THAT WHERE YOU ALL WALKED TO?

301 A:

YES.

302 Q:

WHAT HAPPENED NEXT?

303 THE COURT:

YOU WANT TO DESCRIBE THAT FOR THE RECORD?

304 MS. CLARK:

I AM SORRY. THAT'S RIGHT. THANK YOU, YOUR HONOR. FOR THE RECORD, I'M POINTING TO AN AREA THAT APPEARS TO BE PRETTY MUCH THE MIDDLE OF THE PHOTOGRAPH JUST UNDER THE WINDOWS AT THE FRONT OF THE HOUSE THAT ARE DEPICTED THAT YOU CAN SEE IN THIS PHOTOGRAPH DIRECTLY STRAIGHT DOWN FROM THERE.

305 THE COURT:

THANK YOU.

306 Q:

BY MS. CLARK: WHAT HAPPENED -- YOU ALL WENT TO THAT FRONT DOOR AREA, AND THEN WHAT HAPPENED?

307 A:

I WAS STANDING TO THE REAR OF THE GROUP AND I'M NOT SURE IF VANNATTER OR PHILLIPS WERE KNOCKING. BUT FOR A COUPLE MINUTES, WE STOOD THERE AND KNOCKED AT THE FRONT DOOR AND RECEIVED NO RESPONSE.

308 Q:

OKAY. SO WAS IT ALL FOUR OF YOU THAT WERE STANDING AT THE FRONT DOOR THERE TOGETHER?

309 A:

YES.

310 Q:

DID YOU ALL WALK OVER TO THE FRONT DOOR TOGETHER?

311 A:

YES.

312 Q:

AND DID ANYONE ANSWER THE DOOR?

313 A:

NO.

314 Q:

HOW LONG DID -- WHO DID THE KNOCKING? DO YOU REMEMBER?

315 A:

IT WAS PHILLIPS OR VANNATTER. I TEND TO THINK IT WAS PHILLIPS, BUT I CAN'T BE ABSOLUTELY SURE.

316 Q:

OKAY. AND YOU JUST STOOD WITH THEM?

317 A:

I STOOD BEHIND SEVERAL FEET.

318 Q:

WHAT WERE YOU DOING?

319 A:

JUST STANDING WAITING FOR SOMEBODY TO ANSWER THE DOOR.

320 Q:

DID ANYONE ANSWER THE DOOR?

321 A:

NO.

322 Q:

WHAT HAPPENED NEXT?

323 A:

VANNATTER AND PHILLIPS LEFT THE FRONT DOOR AREA, AND WE ALL TURNED AND PHILLIPS AND VANNATTER STARTED WALKING BACK TOWARDS THE FRONT GATE AND THEN ENTERED A WALKWAY THAT WENT ALONGSIDE TO THE HOUSE ON THE NORTH SIDE OF THE RESIDENCE.

324 Q:

DID YOU SEE ANY ANIMALS?

325 A:

YES.

326 Q:

AND WHEN DID YOU DO THAT?

327 A:

RIGHT ABOUT WHEN WE TURNED. I BELIEVE WHEN WE TURNED TO WALK IN THAT PATH.

328 Q:

AND THAT PATH, IS IT PARALLEL TO ASHFORD OR ROCKINGHAM? THE PATH?

329 A:

I AM SORRY?

330 Q:

THE PATH THAT YOU TOOK, IS IT PARALLEL TO ASHFORD OR ROCKINGHAM?

331 A:

IT'S PARALLEL TO ASHFORD.

332 THE COURT:

HAVE YOU PREMARKED THIS?

333 MS. CLARK:

YES, THIS HAS BEEN MARKED. IT'S AN OLD ONE.

334 THE COURT:

ALL RIGHT. MAKE SURE IT'S STABLE.

335 MS. CLARK:

YEAH.

336 (BRIEF PAUSE.)
337 THE COURT:

MISS CLARK, WHICH EXHIBIT IS THIS?

338 MS. CLARK:

THIS IS PEOPLE'S -- PEOPLE'S 66, YOUR HONOR.

339 THE COURT:

CAN YOU JUST TURN IT AROUND?

340 MR. FAIRTLOUGH:

THAT'S WHAT I WAS JUST ABOUT TO DO. THANK YOU, YOUR HONOR.

341 THE COURT:

YOU'RE WELCOME.

342 Q:

BY MS. CLARK: ALL RIGHT. IF YOU WOULD, DETECTIVE FUHRMAN, WOULD YOU STEP DOWN. USING THE POINTER, IF YOU WOULD, PLEASE SHOW US THE PATH THAT YOU TOOK WITH DETECTIVES PHILLIPS, VANNATTER AND LANGE AFTER YOU KNOCKED ON THE FRONT DOOR AND GOT NO RESPONSE. WHEN I SAY YOU, I MEAN THEY, ALL OF YOU.

343 A:

THIS AREA THAT'S MARKED AS "ENTRANCE," THAT IS THE FRONT DOOR AREA. WE TURNED AROUND AND WALKED NORTHBOUND UNTIL WE COME TO THIS PATH THAT IS BEIGE IN COLOR ON THIS CHART AND IT'S SOMEWHAT IN KIND OF AN "S", CIRCLES AROUND TO THE REAR OF THE -- REAR OF THE RESIDENCE. IT CONTINUES AROUND AND STARTS TO GO SOUTHBOUND UP SOME STAIRS INTO A PATIO AREA NEXT TO THE POOL.

344 Q:

AND I THINK YOU INDICATED THAT WHEN YOU FIRST TURNED ONTO THAT WALKWAY, YOU SAW A DOG?

345 A:

YES. I BELIEVE IT WAS -- HE MIGHT HAVE CAME OUT OF THE PATHWAY AREA, BUT IT APPEARS TO BE RIGHT WHERE THE PATHWAY MEETS THE DRIVEWAY, SOMEWHERE AROUND THERE.

346 MS. CLARK:

FOR THE RECORD, THE WITNESS WAS INDICATING THE SOUTHERN POINT OF THE INTERSECTION OF THE PATHWAY AND THE DRIVEWAY.

347 Q:

BY MS. CLARK: AND WHAT DID THE DOG LOOK LIKE?

348 A:

BLACK, LONG-HAIRED -- I COULDN'T TELL THE BREED. IT LOOKED MAYBE LIKE SOME KIND OF A MIX OR SHEPHERD TYPE DOG, ALL BLACK.

349 Q:

SO THE FOUR OF YOU WERE WALKING ONTO THE WALKWAY WHEN THE DOG APPROACHED?

350 A:

YES.

351 Q:

DID IT BARK?

352 A:

NO.

353 Q:

WHAT DID IT DO?

354 A:

WELL, WE STOPPED BECAUSE WE THOUGHT WE WERE ABOUT TO BE BIT, AND THEN THE DOG DIDN'T DO ANYTHING. SO WE KIND OF WALKED BY AND HE JUST ALLOWED US TO.

355 Q:

AND HE DIDN'T BARK, HE DIDN'T BITE?

356 A:

NO, HE DIDN'T BARK AT ALL.

357 Q:

WHAT DID THE DOG DO AS YOU PROCEEDED DOWN THE WALKWAY?

358 A:

I DON'T KNOW. WE JUST -- WHEN HE WALKED BY, THAT WAS FINE WITH ME, AND WE CONTINUED.

359 Q:

THAT WAS FINE WITH YOU?

360 A:

THAT WAS FINE WITH ME.

361 Q:

ALL RIGHT. SO DID THE FOUR OF YOU ALL WALK TOGETHER ON THAT PATHWAY?

362 A:

PRETTY MUCH I BELIEVE, YES. I WAS IN THE REAR.

363 Q:

OKAY. AND WHAT WERE YOU DOING AS YOU WERE WALKING ON THE WALKWAY WITH THE OTHER THREE DETECTIVES?

364 A:

I WAS DOING NOTHING. I WAS JUST FOLLOWING.

365 Q:

AND WHEN YOU GOT -- WHEN YOU WALKED THROUGH THE REAR YARD AREA, WERE YOU SEARCHING OR LOOKING AROUND? WHAT WERE YOU DOING?

366 A:

I WAS REALLY DOING NOTHING. I WAS JUST FOLLOWING THESE DETECTIVES THAT WERE WALKING ALONG THIS PATHWAY.

367 Q:

OKAY. WHAT DID YOU SEE?

368 A:

I SAW THE LAWN AND THE PATHWAY AND WALKING INTO THE POOL AREA, JUST SAW THE POOL AREA. NOTHING -- NOTHING UNUSUAL.

369 Q:

WHAT HAPPENED NEXT?

370 A:

WE WALKED ONTO THE PATIO AREA. I THINK -- I THINK PHILLIPS AND VANNATTER PROBABLY SLOWED SOMEWHAT AND LOOKED AROUND, AND I DIDN'T SEE ANYBODY VERBALIZE, BUT I KIND OF ASSUMED THAT SOMEONE SAW SOMETHING DOWN IN THIS AREA THAT THEY WANTED TO LOOK AT OR KNOCK ON. I DON'T KNOW. THEY WALKED PAST THESE STEP AREA DOWN ONTO THIS AREA BY THE POOL AND DOWN TOWARDS THIS ROOM THAT IS DENOTED ON THIS CHART BY KAELIN'S ROOM (INDICATING).

371 Q:

DETECTIVE FUHRMAN, IF YOU WANT TO STEP OVER TO THE SIDE A LITTLE BIT, I DON'T KNOW IF THE JURORS ON THE END CAN SEE WHERE YOU'RE POINTING TO, AND SHOW -- SHOW THEM THE AREA YOU'VE JUST INDICATED THAT YOU WENT TO.

372 A:

WE WALKED DOWN THIS AREA ONTO THIS AREA HERE. I RECALL THAT THERE WAS A LITTLE PAUSE AND THEN CONTINUING DOWN TO THIS PATIO AREA, AND THIS IS WHERE DETECTIVE PHILLIPS APPROACHED THIS DOORWAY OF WHAT IS DESCRIBED HERE AS KAELIN'S ROOM (INDICATING).

373 Q:

AND WHAT WERE YOU DOING? WERE YOU IN THE FRONT? WERE YOU IN THE REAR? WHERE WERE YOU IN RELATIONSHIP TO THE OTHER -- THE OTHER THREE DETECTIVES?

374 A:

WELL, I WAS TO THE REAR AND I BELIEVE I WAS STILL UP EITHER ON THESE STAIRS OR STANDING UP ON THIS AREA HERE (INDICATING).

375 Q:

SO WERE YOU FOLLOWING THEM?

376 A:

YES.

377 Q:

AND WHEN YOU GOT TO THE AREA MARKED -- WHEN THE FOUR OF YOU GOT TO THE AREA MARKED KAELIN'S ROOM, WHAT HAPPENED NEXT?

378 A:

I SAW DETECTIVE PHILLIPS LOOK TOWARDS THE DOOR AND HE WENT UP TO IT, AND I THINK ABOUT AT THE SAME TIME HE WAS ABOUT TO KNOCK, I COULD TELL IT WAS A GLASS PANE DOOR AND THERE WAS WOOD LOUVERS ON THE INSIDE AND SOME OF THEM WERE OPEN. DETECTIVE PHILLIPS COULD -- HE SAW SOMETHING, HE TURNED BACK AND SAID, "THERE'S A GUY ON THE BED," OR, "THERE'S SOMEONE LYING ON THE BED," SOMETHING LIKE THAT, AND HE KNOCKED ON THE DOOR AND SHORTLY THEREAFTER, SOMEONE CAME TO THE DOOR.

379 Q:

OKAY. CAN YOU DESCRIBE THE PERSON THAT CAME TO THE DOOR?

380 A:

MALE WHITE, 5/9, 5/10, LONG BROWN HAIR. HE LOOKED LIKE HE WAS JUST WOKEN UP. HE HAD -- HE MIGHT HAVE HAD SWEATPANTS ON OR SOME TYPE OF PAJAMA, T-SHIRT.

381 THE COURT:

ALL RIGHT. DETECTIVE FUHRMAN, COULD YOU KEEP YOUR VOICE UP, PLEASE?

382 DET. MARK FUHRMAN:

SORRY.

383 Q:

BY MS. CLARK: WHY DON'T YOU GO AHEAD AND RESUME YOUR SEAT, AND WE'LL COME BACK TO THAT. JUST FOR A MOMENT RESUME YOUR SEAT AND THEN WE'RE GOING TO NEED THE BOARD AGAIN. SO --

384

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) Q: BY MS. CLARK: ALL RIGHT. THE PERSON THAT YOU -- THAT ANSWERED THE DOOR, DO YOU KNOW NOW WHO THAT IS, SIR?

385 A:

YES.

386 Q:

WHO IS THAT?

387 A:

KATO KAELIN.

388 Q:

AND AFTER HE ANSWERED THE DOOR, DID SOMEONE SPEAK TO HIM?

389 A:

YES. DETECTIVE PHILLIPS.

390 Q:

AND DID YOU HEAR WHAT DETECTIVE PHILLIPS SAID TO HIM?

391 A:

I WAS STANDING BEHIND AND ABOVE AND I HEARD -- I HEARD HIM ASK MR. KAELIN IF HE KNEW -- IF MR. SIMPSON WAS IN THE HOUSE, AND THEN I'M NOT SURE IF IT WAS PHILLIPS OR ONE OF THE OTHER DETECTIVES MAKING A COMMENT THAT, "THERE MIGHT BE SOME SORT OF AN EMERGENCY, WE NEED TO KNOW," OR SOMETHING TO THAT EFFECT.

392 Q:

AND WHAT DID -- AND WHAT HAPPENED NEXT?

393 A:

I HEARD MR. KAELIN DIRECT ALL OF US TO MR. SIMPSON'S DAUGHTER'S ROOM WHICH HE POINTED EAST DOWN THAT WALKWAY AMONG THE BUNGALOWS AND SAID SOMETHING LIKE, "MR. SIMPSON'S DAUGHTER, ARNELLE'S ROOM IS DOWN THIS WAY," AND I THINK HE POINTED OR DIRECTED THEM DOWN THAT WAY.

394 Q:

OKAY. NOW, DO YOU SEE THE AREA THAT HE POINTED TO ON THIS EXHIBIT MARKED AS PEOPLE'S 66?

395 A:

YES, I DO.

396 Q:

CAN YOU PLEASE STEP DOWN, SIR, AND POINT IT OUT TO THE JURY?

397 A:

THIS RIGHT DIRECTLY IN FRONT OF WHAT'S DESCRIBED AS KAELIN'S ROOM, THERE'S A WALKWAY. THIS WALKWAY (INDICATING). HE POINTED THEM DOWN TOWARDS THIS AREA, WHICH WAS ARNELLE'S ROOM.

398 Q:

AND WHEN HE DIRECTED THE -- WHEN HE DIRECTED ALL OF YOU TO ARNELLE'S ROOM, HE POINTED THAT OUT, WHAT HAPPENED NEXT?

399 A:

DETECTIVE PHILLIPS AND VANNATTER AND LANGE WALKED IN THAT DIRECTION.

400 Q:

AND WHAT DID YOU DO?

401 A:

WELL, I CAME DOWN THESE STEPS AND I STAYED WITH MR. KAELIN.

402 Q:

OKAY. AND WHAT HAPPENED AT THAT POINT?

403 A:

I DON'T KNOW WHAT HAPPENED WHEN THEY WALKED DOWN AND TALKED TO ARNELLE SIMPSON. I STAYED WITH MR. KAELIN, AND HE WAS STANDING SOMEWHAT IN THE DOORWAY AND I ASKED IF I COULD COME IN, AND HE SAID YES.

404 Q:

OKAY. WHY DON'T YOU TAKE YOUR SEAT. WHEN YOU MADE YOUR FIRST CONTACT WITH MR. KAELIN, WERE YOU OUTSIDE OR INSIDE HIS ROOM?

405 A:

I BELIEVE I WAS OUTSIDE STANDING ON THE WALKWAY OUTSIDE THE DOOR.

406 Q:

AND WHERE WAS HE?

407 A:

HE WAS JUST INSIDE THE OPEN DOOR.

408 Q:

WHAT -- HOW DID HE LOOK TO YOU?

409 A:

LIKE HE HAD JUST WOKEN UP, MUSSED HAIR. I NOTICED HE HAD BLOODSHOT EYES. THEY WERE KIND OF GLASSY. HE HAD A T-SHIRT, SOME TYPE OF LOOSE-FITTING PANTS ON, COULD HAVE BEEN SWEATPANTS, LITTLE DISORIENTED.

410 Q:

UH-HUH. WHAT WAS YOUR OPINION OF HIS CONDITION WHEN YOU FIRST MADE CONTACT WITH HIM?

411 A:

WELL, I REALLY DIDN'T KNOW IF I REALLY HAD FORMED AN OPINION. I DID ASK HIM IF HE HAD BEEN DRINKING AND I THINK -- I'M PRETTY SURE HE RESPONDED THAT HE DOESN'T EVEN DRINK.

412 Q:

AND BASED ON YOUR OBSERVATIONS OF HIM, SIR, WHAT DID YOU DO?

413 A:

I ASKED HIM IF I COULD JUST DO A SHORT TEST ON HIM JUST TO MAKE SURE THAT HE WASN'T UNDER THE INFLUENCE.

414 Q:

AND WHAT KIND OF TEST IS IT THAT YOU GAVE HIM?

415 A:

IT'S CALLED A NYSTAGMUS TEST.

416 Q:

AND WHAT IS THAT?

417 A:

IT'S A TEST THAT YOU WOULD USE TO DETERMINE IF SOMEBODY WAS UNDER THE INFLUENCE OR POSSIBLY UNDER THE INFLUENCE OF A DEPRESSANT, ONE BEING ALCOHOL.

418 Q:

IS THAT SOMETHING THAT YOU'VE GIVEN TO SOMEONE BEFORE?

419 A:

YES.

420 Q:

UNDER WHAT -- IN WHAT SITUATION?

421 A:

WELL, SITUATIONS MAYBE ON A TRAFFIC STOP THINKING THAT THERE'S A POSSIBILITY ONE MIGHT BE UNDER THE INFLUENCE OF ALCOHOL OR A NARCOTICS LOCATION TO ELIMINATE A DEPRESSANT OR ALCOHOL FROM YOUR OBSERVATIONS.

422 Q:

AND HOW IS THAT TEST GIVEN?

423 A:

WELL, YOU USE USUALLY A PENCIL OR A PEN. YOU HOLD IT VERTICAL, FOOT TO 15, 16 INCHES IN FRONT OF THE PERSON'S FACE. YOU TELL THEM TO CONCENTRATE USUALLY ON THE FOREHEAD RIGHT BETWEEN YOUR EYES AND TO NOT MOVE THEIR HEAD, BUT FOLLOW THE PEN AS YOU MOVE IT FROM RIGHT TO LEFT WITH YOUR EYES.

424 Q:

UH-HUH. CAN YOU SHOW US? DO YOU HAVE A PEN?

425 A:

YES.

426 Q:

DO YOU HAVE ONE?

427 A:

NO.

428 Q:

WANT ONE? GIVE IT BACK TO ME. OKAY. SHOW US.

429 A:

I PUT THE PEN APPROXIMATELY THIS FAR AWAY FROM THE FRONT OF THE PERSON'S FACE THAT IS GOING TO SUBMIT TO THE TEST AND THEN I WOULD INSTRUCT THEM, I BEING THE PERSON ON THE OTHER SIDE OF THIS PEN, TO DO NOT MOVE YOUR HEAD, AND I'LL DEMONSTRATE THIS WITHOUT -- BEING THE PERSON THAT'S BEING GIVEN THE TEST, I WOULD CONCENTRATE ON THAT PERSON'S HEAD, AND AS I MOVE THE PEN, I WOULD WANT TO MOVE MY EYE, NOT MY HEAD (INDICATING). IF THERE IS SOMETHING INDICATIVE OF A DEPRESSANT, THE EYE WOULD BOUNCE.

430 Q:

OKAY.

431 THE COURT:

ALL RIGHT. INDICATING A PEN DISTANCE ABOUT 15 INCHES FROM THE FACE.

432 MS. CLARK:

THANK YOU, YOUR HONOR.

433 Q:

BY MS. CLARK: AND YOU ADMINISTERED THAT TEST TO MR. KAELIN, DID YOU?

434 A:

YES.

435 Q:

AND WHAT DID YOU OBSERVE?

436 A:

THERE WAS NO BOUNCE TO HIS EYES.

437 Q:

WHAT DID YOU DO NEXT?

438 A:

I ENGAGED MR. KAELIN IN CONVERSATION WHILE THE FIRST -- I BELIEVE ONE OF THE FIRST THINGS I ASKED HIM IS, "DO YOU MIND IF I LOOK AROUND?" HE REPLIED, "NO."

439 Q:

NOW, WHERE WERE THE OTHER THREE DETECTIVES AT THIS POINT?

440 A:

THEY WERE DIRECTED TO ARNELLE'S ROOM AND I CAN ONLY ASSUME THEY WERE EAST OF MY LOCATION AT THAT PART OF THE BUNGALOWS.

441 Q:

DID YOU AT ANY POINT ENTER MR. KAELIN'S ROOM?

442 A:

YES.

443 Q:

DID YOU ASK HIS PERMISSION TO DO SO?

444 A:

YES.

445 Q:

AND DID HE LET YOU?

446 A:

YES, HE DID.

447 Q:

WHAT HAPPENED NEXT?

448 A:

THAT IS WHEN I ASKED HIM IF I COULD LOOK AROUND AND IF HE -- I ASKED IF HE WOULD MIND IF I LOOKED AROUND. HE SAID NO. AND I LOOKED INTO THE BATHROOM, INTO THE SHOWER AREA. I LOOKED INTO SOME TALL CLOSETS ON THE EAST WALL AND THEN I CAME BACK AND ENGAGED HIM IN A CONVERSATION ONCE AGAIN.

449 Q:

WHAT WERE YOU LOOKING FOR?

450 A:

I WAS LOOKING AT PLACES WHERE SOMEONE COULD SECRET THEMSELVES, HIDE OR SOMEONE COULD PUT A HUMAN SIZED OBJECT.

451 Q:

SO YOU WERE LOOKING FOR A PERSON POSSIBLY?

452 A:

YES.

453 Q:

A VICTIM OR WHAT?

454 A:

WELL, I DIDN'T KNOW. BUT I DIDN'T PARTICULARLY CARE TO STAND -- I DIDN'T KNOW WHO MR. KAELIN WAS, AND JUST FOR THE SIMPLE FACT OF OFFICER SAFETY, I WANTED TO GET PERMISSION TO AT LEAST LOOK AT THE PLACES THAT SOMEONE COULD AT LEAST HIDE.

455 Q:

UH-HUH. WHAT HAPPENED NEXT?

456 A:

I ASKED MR. KAELIN IF THE WHITE BRONCO IN FRONT -- WHO IT BELONGS TO, AND HE SAID IT WAS O.J.'S, AND I ASKED HIM IF HE DROVE IT LAST NIGHT. BUT I BELIEVE BEFORE HE ANSWERED THAT, I THINK I ASKED HIM ANOTHER QUESTION.

457 Q:

AND WHAT WAS THAT?

458 A:

IF ANYTHING UNUSUAL HAPPENED LAST NIGHT.

459 Q:

NOW, DID YOU TELL HIM ABOUT THE CRIME SCENE YOU'D JUST COME FROM AT 875 SOUTH BUNDY?

460 A:

NO. I TOLD HIM NOTHING ABOUT BUNDY OR ANYTHING ELSE ABOUT ANY OBSERVATIONS.

461 Q:

WHY IS THAT?

462 A:

I DIDN'T KNOW WHO MR. KAELIN WAS.

463 Q:

AND WHAT DIFFERENCE DID THAT MAKE?

464 A:

WELL, YOU WOULD NEVER DISCUSS ANYTHING ABOUT A CASE EXCEPT WITH THE DETECTIVES UNTIL YOU KNOW EXACTLY WHO IS INVOLVED IN THE CASE OR WHAT INFORMATION THEY MIGHT BE ABLE TO ELICIT.

465 Q:

KIND OF LIKE A STANDARD BEHAVIOR?

466 A:

YES.

467 Q:

ROUTINE THING? SO WHEN YOU ASKED HIM DID ANYTHING UNUSUAL HAPPEN THE NIGHT BEFORE, WHAT WAS HIS RESPONSE?

468 A:

HE SAID ABOUT 10:45 P.M. THE PREVIOUS NIGHT, I BELIEVE HE SAID HE WAS TALKING ON THE PHONE. HE SAID HE HEARD A CRASH OR A THUMP ON HIS WALL. HE THOUGHT THERE WAS GOING TO BE AN EARTHQUAKE AND HIS PICTURE SHOOK.

KEY QUOTE
469 Q:

AND DID HE POINT OUT TO THE PICTURE OR THE AREA ON THE WALL WHERE HE HEARD THAT CRASH?

470 A:

YES.

471 Q:

WHERE DID HE POINT TO?

472 A:

HE POINTED TO A PICTURE TOWARDS THE RIGHT SIDE OF HIS BED, WHICH WOULD BE THE WEST SIDE OF HIS BED. HIS BED WAS -- THE HEAD WAS ON THE SOUTH WALL AND THE FOOT WAS AT THE NORTH END OF THE ROOM. THE --

473 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
474 MS. CLARK:

YOUR HONOR, THE PHOTOGRAPH THAT IS GOING TO BE SHOWN NOW I ASK BE MARKED PEOPLE'S NEXT IN ORDER, 109? 110.

475 THE COURT:

110.

476 (PEO'S 110 FOR ID = PHOTOGRAPH)
477 Q:

BY MS. CLARK: ALL RIGHT. DO YOU RECOGNIZE WHAT'S SHOWN IN THIS PHOTOGRAPH, SIR?

478 A:

I BELIEVE THIS IS KATO'S ROOM, BUT THERE'S BEEN ITEMS REMOVED FROM THE ROOM.

479 Q:

SO IT LOOKS A LITTLE DIFFERENT THAN THE WAY YOU SAW IT ON JUNE THE 13TH OF 1994?

480 A:

YES.

481 Q:

NOW, HAVE I SAT DOWN AND SHOWN YOU ANY PHOTOGRAPHS?

482 A:

NO.

483 Q:

SO IS THIS THE FIRST TIME YOU'VE SEEN THIS PHOTOGRAPH, SIR?

484 A:

YES, IT IS.

485 Q:

AND HOW IS IT DIFFERENT? HOW IS THE CONDITION OF THIS ROOM DIFFERENT THAN WHAT YOU OBSERVED ON JUNE THE 13TH?

486 A:

THIS CHAIR THAT'S IN THE LEFT UPPER CORNER, I DON'T RECALL THAT CHAIR BEING THERE, THAT FRENCH PROVINCIAL LOOKING CHAIR. AND I DON'T KNOW WHAT THAT OBJECT IS DIRECTLY TO THE LEFT OF THAT CHAIR, BUT I RECALL A DRESSER, A TALL MAN'S BUREAU TO BE THERE. THE AIR-CONDITIONER TO THE LEFT OF THE BED WAS IN THAT LOCATION. I CAN'T TELL IF THE PICTURE THAT WAS ON THE WALL IS OUT OF THE FOCUS OF THIS -- OR OUT OF THE PICTURE OR IF IT HAD BEEN REMOVED.

487 Q:

OKAY. THE -- THE AREA ON THE WALL THAT HE POINTED TO AS WHERE HE FELT THE -- THAT CRASHING SOUND CAME FROM, CAN YOU SEE THAT IN THE PHOTOGRAPH HERE?

488 A:

WELL, THE WAY HE DESCRIBED IT WAS BETWEEN THE AIR CONDITIONER AND THE PICTURE THAT WAS TO THE RIGHT OF THE AIR CONDITIONER WHICH WAS SOMEWHERE ABOVE THE BED TO THE RIGHT.

489 Q:

OKAY. IF YOU WOULD PLEASE, SIR, DIRECT -- IF YOU CAN SEE THE SCREEN, CAN YOU DIRECT THE LIGHT? CAN YOU SEE THE LIGHT, THE LIGHT, THE LAZER LIGHT?

490 A:

YES, I DO. GO UP WHERE THE LAMP IS, GO UP A LITTLE HIGHER, TO THE RIGHT, TO THE RIGHT, TO THE RIGHT. PROBABLY SOMEWHERE FROM THAT AREA TOWARDS THE PICTURE (INDICATING).

491 Q:

RIGHT ABOUT THERE (INDICATING)?

492 A:

HE JUST POINTED GENERALLY BEHIND HIS BED BETWEEN THE AIR CONDITIONER AND THE PICTURE. HE SAID HIS PICTURE SHROOK -- THE PICTURE SHOOK.

493 Q:

AND WHERE WAS THE PICTURE, SIR?

494 A:

IT WAS TO THE RIGHT I THINK CLOSE TO THE END OF THE BED. I'M NOT EXACTLY POSITIVE ON THE EXACT LOCATION OF THE PICTURE.

495 Q:

CAN YOU TELL US IF IT WAS ABOVE THIS NIGHTSTAND AREA?

496 A:

IT COULD HAVE BEEN. I --

497 Q:

BUT IT WAS TO THE RIGHT -- IT WAS ON THE WALL TO THE RIGHT OF THE BED AS YOU FACE THE BED FROM THE --

498 A:

YES.

499 Q:

FROM THIS AREA?

500 A:

IT WAS TO THE RIGHT OF THE AIR CONDITIONER SOMEWHERE CLOSE TO THE RIGHT SIDE OF THE BED QUITE POSSIBLY ABOVE THAT NIGHTSTAND, YES.

501 Q:

OKAY. THE AREA THAT I'M GESTURING WITH THE LIGHT?

502 A:

YES.

503 Q:

OKAY.

504 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
505 Q:

BY MS. CLARK: CAN YOU TELL US WHERE THE AIR CONDITIONER IS ON THIS PHOTOGRAPH, SIR? CAN YOU SEE IT?

506 A:

WELL, IT'S -- THERE'S THAT BRIGHT AREA TO THE LEFT UPPER OF THE LAMP SHADE. THAT -- TO THE LEFT. THAT APPEARS TO BE THE OPEN DOOR TO THE BATHROOM ON MY SCREEN, AND THEN DIRECTLY TO THE RIGHT OF THAT, RIGHT THERE, THAT WOULD BE WHERE THE AIR CONDITIONER IS (INDICATING).

507 Q:

OKAY. SO WHERE THE LIGHT IS RIGHT NOW, THAT'S THE AIR CONDITIONER?

508 A:

YES.

509 Q:

ALL RIGHT. AND WHAT IS THIS AREA IN HERE THAT I'M GESTURING TO WITH THE LIGHT?

510 A:

THAT'S THE OPEN BATHROOM DOOR.

511 Q:

OKAY. DID YOU HAPPEN TO OBSERVE WHETHER THERE WAS A WINDOW IN THE BATHROOM?

512 A:

I DON'T RECALL IF THERE WAS A WINDOW.

513 Q:

OKAY. NOW, DID MR. KAELIN TELL YOU WHAT TIME HE HEARD THAT CRASHING SOUND OVER HIS BED ON THE WALL OVER HIS BED?

514 A:

HE SAID ABOUT 10:45 P.M.

KEY QUOTE
515 Q:

AND DID HE POINT OUT THE PICTURE THAT HE SAID MOVED WHEN HE HEARD THAT CRASHING SOUND OR THAT THUMPING SOUND?

516 A:

HE POINTED OVER TOWARDS THE WALL, MADE A GESTURE AS HE WAS TALKING.

517 Q:

AT ANY POINT, SIR, DID YOU SEARCH OR LOOK THROUGH ANYTHING IN MR. KAELIN'S ROOM?

518 A:

YES. DIRECTLY TO THE LEFT SIDE OF THE BED WHICH WAS CLOSEST TO THE BATHROOM, THERE WAS A PILE OF CLOTHES AND A PAIR OF SHOES.

519 Q:

AND WHAT DID YOU DO WITH THOSE?

520 A:

I ASKED IF I COULD LOOK AT THEM. HE SAYS, "SURE."

521 Q:

AND WHAT WERE YOU LOOKING FOR?

522 A:

I DIDN'T KNOW. I WAS JUST LOOKING AT THEM. THERE WAS NOTHING ON THE CLOTHES THAT APPEARED TO BE ANYTHING THAT I WAS CONCERNED WITH. I LOOKED AT THE BOTTOM OF THE SOLES OF THE SHOES. THERE DIDN'T APPEAR TO BE ANYTHING ON IT. I PUT THEM BACK IN THEIR ORIGINAL POSITION.

523 Q:

WHAT WERE YOU LOOKING -- WHAT DID YOU EXPECT TO FIND OR WHAT DID YOU THINK YOU MIGHT FIND ON THE BOTTOM OF THE SHOES?

524 A:

I DIDN'T KNOW, BUT I WAS LOOKING TO SEE IF THERE WAS POSSIBLY ANY BLOOD ON THE BOTTOM OF THE SHOES OR DIRT OR THE SOLE DESIGN.

525 Q:

UH-HUH. DID YOU ASK HIM WHETHER -- MR. KAELIN WHETHER HE HAD BEEN WEARING THOSE SHOES AND THAT CLOTHING THE NIGHT BEFORE?

526 A:

YES, I DID.

527 Q:

AND WHAT WAS HIS RESPONSE?

528 A:

HE SAID, "YES, THOSE ARE THE CLOTHES I WORE LAST NIGHT."

529 Q:

AND WHAT DID YOU FIND ON THE SOLES OF THOSE SHOES?

530 A:

NOTHING.

531 Q:

AND ON THE CLOTHES?

532 A:

NOTHING.

533 Q:

OKAY. AFTER LOOKING THROUGH THE CLOTHES AND THE SHOES, SIR, DID YOU HAVE SOME FURTHER CONVERSATION WITH MR. KAELIN?

534 A:

YES. WELL, MR. KAELIN OFFERED -- HE DESCRIBED THAT WHEN HE HEARD THAT NOISE, INITIALLY THOUGHT IT WAS AN EARTHQUAKE, BUT NOTHING ELSE HAPPENED. SO HE WENT OUT TO INVESTIGATE.

535 Q:

DID HE TELL YOU WHERE HE WENT TO INVESTIGATE?

536 A:

YES.

537 Q:

WHAT DID HE TELL YOU ABOUT THAT?

538 A:

HE WENT AROUND THE NORTH SIDE PAST THE POOL, NORTH SIDE OF THE RESIDENCE AND WALKED THE SAME PATHWAY THAT WE HAD USED TO APPROACH HIS -- HIS ROOM.

539 Q:

AND THEN WHAT?

540 A:

HE SAID HE SAW A LIMO IN THE DRIVEWAY AND THEN HE PROCEEDED TOWARDS THE AREA WHERE HE WAS GOING TO INVESTIGATE, BUT HE DIDN'T DESCRIBE ANYTHING ANY FARTHER.

541 Q:

NOW, THE AREA ON THE WALL WHERE HE INDICATED HE HEARD THE THUMPS, COULD YOU TELL WHERE THAT -- THE EXTERIOR OF THAT POINT WOULD BE ON THE PROPERTY?

542 A:

NO.

543 Q:

AND DID HE TELL YOU HOW TO GET TO THAT POINT ON THE EXTERIOR PART OF THE PROPERTY?

544 A:

NO, HE DIDN'T.

545 Q:

SO AFTER HE TOLD YOU THAT HE HAD GONE OUT TO INVESTIGATE THE THUMPS AND GOTTEN TO THE DRIVEWAY AND SEEN THE LIMO DRIVER, DID HE TELL YOU WHERE HE WENT AFTER THAT POINT?

546 A:

I DON'T RECALL THAT HE DID, NO.

547 Q:

WHAT HAPPENED NEXT?

548 A:

I ASKED MR. KAELIN IF HE WOULD COME WITH ME, AND WE EXITED HIS ROOM AND I LOOKED TOWARDS THE MAIN HOUSE AND I SAW THERE WAS AN OPEN DOOR, THE REAR OFF THE PATIO.

549 Q:

CAN YOU TELL US -- CAN YOU SHOW US, SIR, THE PATH THAT YOU TOOK ON THE DIAGRAM MARKED PEOPLE'S 66 IN THE COMPANY OF MR. KAELIN?

550 A:

YES. WE EXITED MR. KAELIN'S ROOM. WE WALKED UP THESE STAIRS, WENT TOWARDS THE MAIN HOUSE, PROBABLY THESE STAIRS RIGHT HERE. THERE'S A DOOR RIGHT HERE THAT WAS PARTIALLY OPEN (INDICATING). I BELIEVE IT HAD A SCREEN ON IT ALSO. WALKED INTO THAT DOOR. IT LED INTO A BAR AREA JUST TO THE LEFT OF A BILLIARD TABLE THAT YOU STEP DOWN INTO.

551 Q:

AND WERE THE OTHER -- WHERE WERE THE OTHER DETECTIVES?

552 A:

I DIDN'T KNOW. I HAD NOT SEEN THIS DOOR OPEN PRIOR. SO I ASSUMED THAT THEY WERE INSIDE THE RESIDENCE.

553 Q:

AND THE DOOR, WAS IT STANDING -- THAT REAR DOOR, WAS IT STANDING OPEN WHEN YOU WENT IN WITH MR. KAELIN?

554 A:

YES.

555 Q:

DID YOU ASK FOR HIS ASSISTANCE IN FIGURING OUT HOW TO GET INTO THE HOUSE OR WAS THAT OBVIOUS TO YOU?

556 A:

I MIGHT HAVE. BUT I NOTICED THE DOOR -- MR. KAELIN COULD HAVE -- COULD HAVE LED ME THERE. I'M NOT POSITIVE WHICH WAY THAT WENT.

557 Q:

SO YOU WALKED IN THROUGH THE REAR DOOR?

558 A:

YES.

559 Q:

AND THAT WAS WITH MR. KAELIN?

560 A:

YES.

561 Q:

AND WHAT DID HAPPEN NEXT AFTER YOU ENTERED THE HOUSE?

562 A:

WHEN I FIRST WALKED IN, I NOTICED THIS AREA, YOU STEP DOWN WHERE THERE'S A LARGE BILLIARD TABLE AND THEN DIRECTLY IN FRONT OF WHERE WE CAME IN, THERE'S A BAR AREA WITH FOUR OR FIVE BAR STOOLS. AND I ASKED MR. KAELIN TO SIT IN ONE OF THOSE STOOLS AND RELAX AND SOMEBODY WOULD TALK TO HIM IN A MINUTE.

563 Q:

GO AHEAD AND HAVE A SEAT. NOW, AT THAT POINT, HAD YOU ASKED MR. KAELIN WHERE MR. SIMPSON WAS OR WHERE HE COULD BE FOUND?

564 A:

I DIDN'T ASK HIM ANY QUESTIONS ABOUT THAT ANY FURTHER.

565 Q:

DID HE VOLUNTEER ANY INFORMATION AS TO WHERE THE DEFENDANT WAS?

566 A:

NO.

567 Q:

DID YOU HAVE ANY IDEA AT THAT POINT WHETHER THE DEFENDANT WAS HOME OR OUT OF TOWN OR WHAT HIS WHEREABOUTS WERE?

568 A:

NO.

569 Q:

DID YOU HAVE ANY IDEA WHERE THE -- WHAT TIME THE DEFENDANT HAD COME OR GONE FROM HIS RESIDENCE THAT NIGHT?

570 A:

NO.

571 Q:

AND DID YOU EVER OBTAIN AN ANSWER TO THE INITIAL QUESTION YOU ASKED MR. KAELIN ABOUT WHETHER THE BRONCO, THE WHITE BRONCO BELONGED TO MR. SIMPSON?

572 A:

I BELIEVE HE SAID THAT'S THE VEHICLE HE DRIVES.

573 Q:

AND WAS THAT IN RESPONSE TO YOUR QUESTION INITIALLY POSED?

574 A:

YES.

575 Q:

OR WAS THAT A LATER CONVERSATION?

576 A:

THAT WAS INITIALLY.

577 Q:

AFTER YOU GOT -- YOU PUT KATO -- YOU GOT -- YOU TOOK KATO TO THE BAR AREA, WHAT HAPPENED NEXT?

578 A:

I LEFT HIM AT THAT LOCATION AND I TRIED TO FIND WHERE THE DETECTIVE -- THE OTHER THREE DETECTIVES HAD WALKED TO.

579 Q:

DID YOU FIND THEM?

580 A:

I WALKED TOWARDS THE FRONT DOOR. THERE'S A HALLWAY TYPE AREA. AND AS I WALKED PAST THERE, THERE WAS AN OPEN DOORWAY, AND I SAW ALL THREE DETECTIVES IN THE KITCHEN AREA.

581 Q:

OKAY. SO DID YOU WALK -- DID YOU WALK THROUGH THE KITCHEN AREA OR THROUGH THE LIVING ROOM AREA?

582 A:

I THINK IT'S THE LIVING ROOM AREA THAT THERE'S A HALLWAY THAT ACCESSES THE KITCHEN THROUGH A SMALL DOORWAY THAT YOU WOULD HAVE TO TURN LEFT, BUT THE HALLWAY GOES SOMEWHAT DIRECTLY TOWARDS THE FRONT DOOR.

583 Q:

UH-HUH.

584 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
585 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

586 (BRIEF PAUSE.)
587 MS. CLARK:

NEXT PHOTOGRAPH, YOUR HONOR, WILL BE PEOPLE'S 110.

588 THE CLERK:

111.

589 MS. CLARK:

111?

590 THE COURT:

111.

591 (PEO'S 111 FOR ID = PHOTOGRAPH)
592 Q:

BY MS. CLARK: AND I APOLOGIZE FOR NOT SHOWING YOU THESE PHOTOGRAPHS AHEAD OF TIME SO YOU COULD ORIENT YOURSELF, BUT DO YOU RECOGNIZE WHAT IS SHOWN IN PEOPLE'S 11?

593 A:

YES, I DO.

594 Q:

OKAY. CAN YOU TELL US WHAT'S SHOWN IN THIS PHOTOGRAPH?

595 A:

YES. JUST OFF CENTER IN THE UPPER LEFT CORNER AREA, YOU SEE AN OPEN DOOR. THAT'S THE REAR DOOR I WAS SPEAKING OF COMING FROM THE PATIO AREA. THERE'S SEVERAL FRAMED PHOTOGRAPHS YOU CAN SEE TO THE RIGHT OF THAT DOORWAY THAT WOULD BE LEADING DOWN INTO THE BILLIARD AREA. THERE'S A LARGE PICTURE DIRECTLY TO THE LEFT OF THAT. I BELIEVE THAT WAS A LARGE NEIMAN THAT WAS AT THE SOUTH WALL OF THE BILLIARD ROOM. THE BAR AREA IS WHERE ALL THE CHAIRS ARE TO THE RIGHT, RIGHT CORNER OF THIS. AND IF YOU WALK DIRECTLY PAST THAT BAR AREA GOING TO THE RIGHT OF THE PICTURE, YOU WOULD BE GOING DOWN THE HALLWAY THAT WOULD LET YOU SEE THE DOORWAY THAT LEADS INTO THE KITCHEN.

596 Q:

OKAY. IF YOU WOULD DIRECT THE LIGHT I'M GOING TO BE SHINING ON THE SCREEN NOW. CAN YOU SEE THE LIGHT?

597 A:

YES.

598 Q:

TELL ME WHERE TO GO. WHERE IS THE BAR AREA HERE?

599 A:

STRAIGHT UP, RIGHT THERE. THERE'S THE BAR STOOLS. IT WAS -- THEY'RE BAR STOOLS THAT SIT AT A NORMAL LEVEL OF A CHAIR, NOT AN ELEVATED BAR STOOL.

600 Q:

AND IS THAT THE BAR AREA THAT YOU BROUGHT MR. KAELIN INTO?

601 A:

YES.

602 Q:

OKAY. AND THEN OVER HERE, THIS IS THE DOOR YOU WERE SPEAKING OF THAT YOU TWO ENTERED, SIR?

603 A:

YES.

604 Q:

AND AFTER YOU PUT HIM HERE AT THE -- SEATED HIM AT THE BAR HERE, WHERE DID YOU GO?

605 A:

DIRECTLY -- USE YOUR POINTER AND GO DIRECTLY TO THE RIGHT PAST -- THE OTHER SIDE OF THAT WALL THAT YOU'RE NOW TOUCHING WOULD BE THE HALLWAY THAT LEADS TO THE NORTH SIDE OF THE KITCHEN.

606 Q:

OKAY. AND TO THE FRONT DOOR AREA?

607 A:

YES.

608 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
609 (BRIEF PAUSE.)
610 THE COURT:

MISS CLARK, ARE YOU GOING TO BE USING 66 ANY LONGER?

611 MS. CLARK:

I WAS GOING TO, BUT I DON'T HAVE TO.

612 THE COURT:

NO, NO, NO, NO. GO AHEAD.

613 MS. CLARK:

IT'S BLOCKING YOUR VIEW, IS IT?

614 THE COURT:

NO. IT'S ALL RIGHT. GO AHEAD. I WAS JUST WONDERING, IF YOU WEREN'T GOING TO USE IT ANYMORE, LET'S TAKE IT DOWN. BUT IF YOU PLAN TO USE IT AGAIN, BE MY GUEST.

615 MS. CLARK:

I DON'T KNOW HOW FAR I'M GOING TO GET. THAT'S WHY -- TO SAVE TIME, I WAS LEAVING IT THERE. BUT I WILL USE IT AGAIN.

616 THE COURT:

NO. YEAH.

617 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)
618 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
619 MS. CLARK:

PEOPLE'S NEXT IN ORDER, YOUR HONOR, PEOPLE'S 112.

620 THE COURT:

PEOPLE'S 112.

621 (PEO'S 112 FOR ID = PHOTOGRAPH)
622 Q:

BY MS. CLARK: SHOWING YOU PEOPLE'S 112, SIR, DO YOU RECOGNIZE WHAT LOCATION THAT IS?

623 A:

YES. THAT'S THE INTERIOR OF THE FRONT DOOR THAT FACES WEST.

624 Q:

OKAY. DID YOU EXIT THROUGH THAT DOOR, SIR, WHEN YOU INDICATED TO US EARLIER THAT YOU WENT DOWN A HALLWAY TOWARD THE FRONT DOOR?

625 A:

YES.

626 Q:

THAT'S THE ONE?

627 A:

YES.

628 Q:

AND AT THAT POINT, YOU HAD SEEN THAT THE OTHER THREE DETECTIVES WERE IN THE KITCHEN?

629 A:

YES.

630 Q:

AND COULD YOU SEE WHAT THEY WERE DOING IN THERE?

631 A:

I BELIEVE ONE DETECTIVE WAS ON THE PHONE, THAT DETECTIVE NOT BEING VANNATTER. I BELIEVE PHILLIPS WAS ON THE PHONE, BUT I CAN'T BE POSITIVE ABOUT THAT.

632 Q:

DID YOU HAVE ANY CONVERSATION WITH DETECTIVE PHILLIPS OR DETECTIVE LANGE BEFORE LEAVING THE FRONT DOOR?

633 A:

NO.

634 Q:

WHAT WAS THE -- YOU SPOKE TO DETECTIVE -- YOU WERE WITH DETECTIVE PHILLIPS, LANGE AND VANNATTER AT THE POINT THAT YOU FIRST WENT TO MR. KAELIN'S ROOM I BELIEVE YOU TESTIFIED EARLIER; IS THAT CORRECT?

635 A:

YES.

636 Q:

AND WAS THAT THE LAST TIME THAT YOU SPOKE TO THEM OR YOU WERE WITH THEM BEFORE YOU WENT OUT THE FRONT DOOR? DID YOU HAVE ANY FURTHER CONVERSATION WITH THEM BEFORE LEAVING KATO IN THE BAR AND GOING OUT THE FRONT DOOR?

637 A:

YES. I MADE A COMMENT TO DETECTIVE VANNATTER.

638 Q:

UH-HUH. AND WHAT WAS THAT COMMENT, SIR?

639 A:

SAID, "PHIL, WOULD YOU TALK TO THIS GUY AT THE BAR?"

640 Q:

AND OTHER THAN THAT, DID YOU HAVE ANY CONVERSATION WITH DETECTIVE VANNATTER, DETECTIVE LANGE OR DETECTIVE PHILLIPS?

641 A:

NO, NOT AT THAT TIME.

642 Q:

SO AFTER THAT REMARK TO DETECTIVE VANNATTER, YOU WENT OUT THE FRONT DOOR?

643 A:

YES.

644 Q:

AND FOR WHAT PURPOSE DID YOU DO THAT?

645 A:

I WAS TRYING TO ORIENT MYSELF FROM WHERE THIS SOUTH WALL OF KATO'S BEDROOM COULD BE LOCATED ON THE PROPERTY.

646 Q:

ALL RIGHT. YOU INDICATED EARLIER, SIR, THAT WHEN YOU LOOKED INSIDE THE REAR CARGO AREA OF THE BRONCO, YOU DESCRIBED FOR US A SHOVEL AND A PIECE OF PLASTIC. DO YOU RECALL THAT, SIR?

647 A:

YES, MA'AM

648 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
649 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S EXHIBIT NUMBER 109.

650 Q:

BY MS. CLARK: YOU RECALL THAT PHOTOGRAPH YOU EARLIER DESCRIBED FOR US?

651 A:

YES, I DO.

652 Q:

AND THAT SHOVEL?

653 MS. CLARK:

YOUR HONOR, I HAVE HERE WHAT I WOULD LIKE MARKED PEOPLE'S NEXT IN ORDER, BE PEOPLE'S 1 --

654 THE COURT:

113.

655 MS. CLARK:

113. THANK YOU. IT'S WRAPPED IN A PAPER BAG.

656 (PEO'S 113 FOR ID = SHOVEL)
657 MS. CLARK:

I WOULD LIKE TO UNSEAL IT IF I COULD, YOUR HONOR, AND HAVE THE WITNESS IDENTIFY IT.

658 Q:

BY MS. CLARK: YOU WANT TO DO IT OR --

659 A:

GO AHEAD.

660 MS. CLARK:

I'M JUST GOING TO CUT THROUGH -- IT APPEARS TO BE CURRENTLY SEALED WITH TAPE WITH AN ANALYZED EVIDENCE MARKER ON IT, SID MARKER ON IT. IT'S I BELIEVE BEEN EXAMINED. AND FOR THE RECORD, I'M CUTTING THROUGH THE SEAL AND THE TAPE. I THINK RATHER THAN TAKING THIS COMPLETELY OUT, I'M JUST GOING TO TEAR THIS SO THAT IT CAN BE SEEN.

661 Q:

BY MS. CLARK: ALL RIGHT. CAN YOU TELL US, SIR, IF YOU RECOGNIZE WHAT I'M SHOWING YOU HERE, PEOPLE'S 113?

662 A:

YES.

663 Q:

AND WHAT IS IT?

664 A:

THAT LOOKS LIKE THE SHOVEL THAT I SAW IN THE REAR CARGO AREA OF THE BRONCO.

665 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
666 Q:

BY MS. CLARK: YOU WANT TO HOLD IT UP SO THE JURY CAN SEE IT, SIR, TAKE A LOOK AT IT?

667 (THE WITNESS COMPLIES.)
668 Q:

THANK YOU. AND NOW, YOU ALSO DESCRIBED A PIECE OF PLASTIC THAT YOU SAW IN THE POCKET ON THE PASSENGER SIDE OF THE CARGO AREA?

669 A:

YES, MA'AM.

670 Q:

IN THE PHOTOGRAPH THAT'S NOW ON THE SCREEN, PEOPLE'S 109, DO YOU SEE A WHITE OBJECT UNDERNEATH THE HANDLE OF THE SHOVEL, SIR?

671 A:

YES, I DO.

672 Q:

AND WHAT WAS THAT?

673 A:

I DO NOT KNOW.

674 Q:

DO YOU RECALL SEEING IT THERE THOUGH?

675 A:

I WAS LOOKING FROM THAT SIDE OF THE VEHICLE. SO I MIGHT NOT HAVE EVEN SEEN THAT WHITE OBJECT. MIGHT HAVE BEEN OUT OF MY VIEW.

676 MS. CLARK:

I HAVE HERE A BOX THAT --

677 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
678 THE COURT:

ALL RIGHT. YOU WANT TO MARK THE BOX AND CONTENTS 114?

679 MS. CLARK:

YES, YOUR HONOR.

680 THE COURT:

ALL RIGHT.

681 (PEO'S 114 FOR ID = BOX AND CONTENTS)
682 Q:

BY MS. CLARK: I'M SHOWING YOU THE BOX THAT'S NOW BEEN MARKED PEOPLE'S 114. GOING TO ALLOW YOU TO CUT IT, BREAK THE SEAL.

683 MS. CLARK:

FOR THE RECORD, YOUR HONOR, THE BOX IS CURRENTLY TAPED AND THERE'S AN LAPD SEALED EVIDENCE TAG THAT IS UNBROKEN OVER THE TOP OF IT.

684 Q:

BY MS. CLARK: IF YOU COULD PLEASE GO AHEAD CUT IT AND DESCRIBE YOUR ACTIONS AS YOU DO, SIR.

685 A:

I'M CUTTING THE TAPE ON BOTH ENDS OF THE BOX. I'M NOW CUTTING THE CENTER OF THE TAPE THAT'S GOING OVER THE ANALYZED EVIDENCE SEAL.

686 THE COURT:

WHY DON'T WE GIVE THE SHOVEL TO THE CLERK.

687 DET. MARK FUHRMAN:

I'M OPENING THE BOX AND I -- THERE'S A BROWN PAPER BAG WITH AN L.A. EVIDENCE SEAL.

688 Q:

BY MS. CLARK: IS THERE A NUMBER ON IT?

689 A:

NO. 62 AND ANOTHER ONE, NO. -- PHOTO 64 -- I AM SORRY AND PHOTO 62.

690 Q:

THOSE ARE PHOTO I.D. NUMBERS, SIR?

691 A:

YES, AND THERE'S AN ITEM I BELIEVE 91 AND AN ITEM 93.

692 Q:

NOW, YOU DESCRIBED TO US SOME PLASTIC THAT YOU SAW, SIR?

693 A:

YES.

694 Q:

CAN YOU -- THIS ITEM THAT HAS THE NUMBER ITEM NO. 93 ON IT, PHOTO NO. 64 ON IT, IS IT CURRENTLY SEALED?

695 A:

YES, IT IS. LAPD SEALED EVIDENCE.

696 Q:

COULD YOU PLEASE CUT THE SEAL?

697 A:

YES. CUTTING THE SEAL ON THE PACKAGE. I'M OPENING THE PACKAGE AND REMOVING A FOLDED PIECE OF HEAVY GAUGE PLASTIC.

698 Q:

COULD YOU PLEASE UNFOLD THE PLASTIC, SIR?

699 A:

YES.

700 THE COURT:

YOU WANT TO STAND UP AND DO IT?

701 DET. MARK FUHRMAN:

YES, SIR. IT APPEARS TO BE A BAG THAT'S APPROXIMATELY THREE FOOT BY FOUR OR FIVE FEET.

702 Q:

BY MS. CLARK: AND IS THAT THE PLASTIC THAT YOU RECALL SEEING IN THE REAR CARGO AREA?

703 A:

YES, IT IS.

704 Q:

AND WAS IT FOLDED UP AT THE TIME YOU SAW IT, SIR?

705 A:

YES, IT WAS.

706 MS. CLARK:

ALL RIGHT. FOR THE RECORD, DETECTIVE FUHRMAN IS NOW REFOLDING THE PLASTIC, PLACED IT ON TOP OF THE BOX.

707 Q:

BY MS. CLARK: THERE IS ANOTHER BAG INSIDE THIS BOX, SIR. I'M GOING TO BRING IT OVER TO YOU. IS IT CURRENTLY SEALED?

708 A:

YES, IT IS.

709 Q:

COULD YOU PLEASE CUT THE SEAL, DESCRIBE YOUR ACTIONS AS YOU DO SO?

710 A:

I'M CUTTING THE SEAL ON ITEM NO. 91, UNFOLDING THE PAPER BAG AND REMOVING A WHITE TOWEL.

711 Q:

DOES THAT LOOK SIMILAR TO THE OBJECT DEPICTED IN PEOPLE'S PHOTOGRAPH NUMBER 109?

712 A:

YES.

713 Q:

WOULD YOU PLEASE REPLACE THE -- HOLD THE TOWEL UP, SHOW THE JURY? THANK YOU. PUT IT BACK IN THE BAG.

714 (THE WITNESS COMPLIES.)
715 MS. CLARK:

LASTLY, YOUR HONOR, I HAVE AN ITEM HERE THAT I WOULD LIKE MARKED PEOPLE'S 115.

716 THE COURT:

ALL RIGHT. PEOPLE'S 115.

717 (PEO'S 115 FOR ID = PIECE OF WOOD)
718 MS. CLARK:

IT'S CURRENTLY WRAPPED UP IN BROWN PAPER AND IT APPEARS TO BE SEALED, AND IT BEARS THE DR NUMBER 940817431.

719 Q:

BY MS. CLARK: SIR, IS THAT THE -- IF YOU KNOW, IS THAT THE SAME NUMBER THAT YOU CAN SEE ON THE BAG THAT YOU'VE JUST REPLACED THE TOWEL BACK INTO?

720 A:

YES. IT'S THE SAME DR NUMBER.

721 Q:

AND IS THAT THE SAME DR NUMBER THAT YOU SEE ON THE BAG THAT YOU REMOVED THE PLASTIC FROM?

722 A:

YES, IT IS.

723 Q:

AND ARE YOU FAMILIAR WITH WHAT THAT MEANS, WHAT'S A DR NUMBER?

724 A:

YES.

725 Q:

AND WHAT IS THAT?

726 A:

THAT'S THE NUMBER THAT'S ASSIGNED TO THE VICTIM OF ANY CRIME OR A REPORT NUMBER.

727 Q:

OKAY. AND SO ARE ALL ITEMS THEN BOOKED TO THAT SAME NUMBER IN THAT CASE?

728 A:

YES.

729 Q:

AND ON THE PACKAGE YOU NOW HAVE THAT WE'VE MARKED PEOPLE'S 115, YOU SEE THAT SAME NUMBER?

730 A:

YES, I DO.

731 Q:

COULD YOU PLEASE OPEN THAT PACKAGE, SIR, DESCRIBE WHAT YOU'RE DOING FOR THE RECORD, PLEASE?

732 A:

I'M CUTTING THE BROWN TAPE ON THE OPPOSITE SIDE OF THE EVIDENCE TAG, UNROLLING THE BROWN PAPER. THERE'S ANOTHER WHITE PAPER ALSO. IT HAS LAPD ANALYZED EVIDENCE SEALS ON IT WITH THE DR 940817431. CUTTING THROUGH THOSE SEALS.

733 Q:

AND CAN YOU TELL US, SIR, IF YOU RECOGNIZE WHAT YOU SEE HERE?

734 A:

YES.

735 Q:

WHAT IS IT?

736 A:

THAT'S THE PIECE OF WOOD THAT I FOUND TO THE LEFT OF THE WHITE FRONT TIRE OF THE BRONCO THAT WAS LYING ON THE PARKWAY.

737 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NUMBER 107.

738 Q:

BY MS. CLARK: WILL YOU LOOK AT YOUR MONITOR, SIR?

739 A:

YES.

740 Q:

DO YOU SEE THE ITEM THAT YOU'VE JUST UNWRAPPED THAT WE'VE MARKED AS PEOPLE'S 115 IN THIS PHOTOGRAPH?

741 A:

I DO.

742 Q:

AND WHERE IS IT?

743 A:

IT IS DIRECTLY TO THE LEFT OF THE RIGHT FRONT TIRE OF THE BRONCO.

744 Q:

AND CAN YOU PLEASE -- HOLD IT UP FOR THE JURY AND TELL US IF THERE'S ANY DIFFERENCE IN ITS APPEARANCE TODAY THAN YOU -- THAN IN THE WAY YOU FOUND IT WHEN YOU SAW IT ON JUNE THE 13TH?

745 A:

THE -- YES. THERE'S A PIECE OF PLASTIC OVER AN EXPOSED NAIL AND THE WHITE PAINT SEEMS TO BE SOILED WITH FINGERPRINT POWDER AND THE WOOD PROBABLY IS JUST SLIGHTLY LESS FRESH APPEARING THAN IT WAS THE DAY I OBSERVED IT.

746 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, I THINK WE'RE GOING TO CONCLUDE FOR THE MORNING SESSION. PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU FOR YOUR DECISION, ALSO, DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU REGARDING THE CASE. WE WILL SEE YOU MONDAY MORNING 9:00 A.M. ALL RIGHT. I WOULD LIKE TO SEE -- I WOULD LIKE THE ATTORNEYS TO REMAIN AFTER WE HAVE EXCUSED THE JURY. I WOULD LIKE TO TALK TO YOU ABOUT SOME DISCOVERY AND OTHER MATTERS. ALL RIGHT. DETECTIVE FUHRMAN, YOU MAY STEP DOWN. YOU ARE ORDERED TO RETURN MONDAY MORNING AT 9:00 A.M. THANK YOU, SIR.

Temperature

tense

Key Quotes (5)

Mark Fuhrman
I looked at it and it looked reddish brown and translucent qualities to it and appeared to be dry blood.
Fuhrman's first identification of what he believed to be blood on the Bronco door handle — the observation that triggered further examination and ultimately the decision to enter the compound.
Mark Fuhrman
There was a shovel that was approximately five feet long... turned point down; in other words, the cutting edge down, and there was a large piece of heavy gauge plastic that was tucked in a side cargo area in the rear part of the vehicle.
The shovel and plastic sheeting inside the Bronco were highly suggestive to investigators and became part of the prosecution's circumstantial narrative.
Mark Fuhrman
I think I made the statement and then he just said, 'Okay.'
Fuhrman's account of how the decision to jump the Rockingham wall was made — establishing that Vannatter, not Fuhrman, authorized entry, which matters for the warrantless search issue.
Mark Fuhrman
He said about 10:45 P.M. the previous night... he heard a crash or a thump on his wall. He thought there was going to be an earthquake and his picture shook.
Kato Kaelin's account of the thumps — relayed through Fuhrman — places a significant noise behind the Rockingham guesthouse at the time consistent with the prosecution's timeline for the killer's return.
Mark Fuhrman
I saw 'O.J. Simpson' on the address or 'O.J. Simpson Enterprises' and 'Attention Cathy.'
The packages in the rear cargo area connecting the Bronco to Simpson before the DMV check came back, helping establish the detectives had reason to believe the vehicle was his.

Evidence (10)

People's 62-A
Photograph of the white Ford Bronco parked at the Rockingham gate
introduced, identified by Fuhrman
People's 62-B
Photograph of the driver's side of the Bronco
used with laser pointer to show jury location of blood marks on door sill
People's 62-C
Close-up photograph of the blood smudge above the Bronco driver's door handle
introduced, identified by Fuhrman as the spot he observed
People's 62-E
Photograph showing the rear of the Bronco, confirming askew parking position
introduced, identified by Fuhrman
People's 62-F
Photograph of rear cargo area of Bronco showing packages, shovel, and plastic
introduced, identified by Fuhrman
People's 107
Photograph of broken piece of white-painted wood found east of the Bronco's right front tire
introduced, identified by Fuhrman
+ 4 more

Notable Exchanges (4)

Marcia ClarkMark Fuhrman
Clark walks Fuhrman through his discovery of blood on the Bronco door — the smudge above the handle, then three or four lines on the door sill found after getting down on hands and knees. Fuhrman describes using a flashlight and identifies the marks as appearing to be dry blood.
strategic
Marcia ClarkMark Fuhrman
Clark elicits Fuhrman's account of the decision to jump the Rockingham wall — carefully establishing that it was Vannatter who authorized entry ('he just said, Okay'), not Fuhrman acting unilaterally.
strategic
Marcia ClarkMark Fuhrman
Fuhrman describes administering a nystagmus test to Kato Kaelin and demonstrating it in court using Clark's pen, with Judge Ito noting for the record the approximate distance (15 inches). Kaelin showed no signs of impairment.
procedural
Mark FuhrmanKato Kaelin
Fuhrman recounts his initial interview of Kaelin inside the guesthouse — asking about the Bronco, whether anything unusual happened, and eliciting the account of thumps at 10:45 PM that shook a picture on the wall.
revealing

Light Moments (2)

Mark Fuhrman
When Clark asked whether Fuhrman was in the best physical shape of the four detectives — implying that's why he went over the wall — he replied: 'Well, I don't -- you kind of put me on the spot, but I think I was the tallest detective.'
Mark Fuhrman
On the dog that approached the four detectives in the walkway and then did nothing: 'We stopped because we thought we were about to be bit, and then the dog didn't do anything. So we kind of walked by and he just allowed us to... That was fine with me.'

Witness Demeanor

(BRIEF PAUSE) — noted during transition to photograph of Kaelin's room
Fuhrman stepped down from the witness stand multiple times to use a laser pointer on exhibits and the property diagram
Judge Ito reminded Fuhrman to keep his voice up mid-testimony
Fuhrman demonstrated the nystagmus test in open court using Clark's pen

Objections

None recorded
Proceeding 5254 • 746 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAR 10, 1995 📄 Direct examination of Mark Fuh
MAR 10, 1995 KRT DvH TD