📄 Cross-examination of Darryl Smith — Thursday, March 16, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\16\CROSS-EXAMINATION-OF-DARRYL-SM.DOC
TRIAL
▲ Day 39 of 167

Cross-examination of Darryl Smith

Witness: Darryl Smith
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, March 16, 1995 • Utterances: 261
Johnnie Cochran cross-examines Darryl Smith, an Inside Edition news videographer who filmed the Bundy crime scene on June 13, 1994. The examination focuses on establishing that significantly more footage exists beyond what was shown in court — footage held by Inside Edition — and that the prosecution obtained the specific tape shown through Marcia Clark's office. Cochran methodically builds a picture of additional, unseen footage showing police activity inside the crime scene perimeter.
1 THE COURT:

MR. COCHRAN.

2 MR. COCHRAN:

THANK YOU, YOUR HONOR.

3

CROSS-EXAMINATION

4

BY MR. COCHRAN:

5 Q:

GOOD MORNING, MR. SMITH.

6 A:

GOOD MORNING, MR. COCHRAN.

7 Q:

JUST A FEW QUESTIONS, SIR, IF I MIGHT. YOU WERE THE PHOTOGRAPHER ON A PROGRAM THAT WAS ULTIMATELY SHOWN ON INSIDE EDITION; IS THAT CORRECT?

8 A:

THAT'S TRUE.

9 Q:

AND WAS THE NARRATOR OF THE PROGRAM SOMEONE BY THE NAME OF JOEL LOYE, L-O-Y-E?

10 A:

I DON'T KNOW WHO THE NARRATOR WAS, SIR.

11 Q:

DID YOU SEE THE SHOW WHEN IT WAS ULTIMATELY PRODUCED?

12 A:

NO, I DID NOT.

13 Q:

AS I UNDERSTAND IT THEN IS WHAT YOU DO, YOU DO YOUR WORK AT THE SCENE THERE AND YOU TURN IT OVER TO THEM?

14 A:

RIGHT.

15 Q:

THEY THEN CAN EDIT, CUT AND SPLICE?

16 A:

ANYWAY THEY CHOOSE.

17 Q:

SO WHEN WE SEE ON IT TELEVISION IT IS NOT ALWAYS IN THE SAME ORDER IN WHICH YOU SHOT IT; IS THAT CORRECT?

18 A:

THAT'S CORRECT.

19 Q:

THEY HAVE THAT OPTION?

20 A:

THEY DO HAVE THAT OPTION.

21 Q:

NOW, FROM WHAT YOU HAVE INDICATED TO US, SIR, YOU SHOT MORE FILM THAN WE ARE SEEING HERE TODAY; IS THAT A FAIR STATEMENT?

22 A:

THAT IS A FAIR STATEMENT.

23 Q:

LET'S START AT THE BEGINNING. WHAT TIME DID YOU ARRIVE OUT AT 875 BUNDY ON JUNE 13, 1994?

24 A:

THAT WOULD HAVE BEEN IN THE NEIGHBORHOOD OF ABOUT 2:00 TO 2:30.

25 Q:

2:00 TO 2:30 IN THE AFTERNOON?

26 A:

YES.

27 Q:

WHEN YOU ARRIVED THERE, AS I UNDERSTAND YOUR TESTIMONY, THE YELLOW PERIMETER WAS STILL UP; IS THAT CORRECT?

28 A:

YES, IT WAS.

29 Q:

WERE THERE STILL OFFICERS AROUND INSIDE THE YELLOW BAND WHEN YOU FIRST GOT THERE?

30 A:

YES.

31 Q:

AND DID -- WOULD I BE CORRECT IN ASSUMING THAT YOU TOOK SOME PHOTOGRAPHS OR SOME VIDEO OF THE OFFICERS WALKING AROUND IN THERE?

32 A:

UMM, YES, YOU WOULD BE CORRECT.

33 Q:

IN OTHER WORDS, YOUR IDEA AND YOUR GOAL AS A -- ARE YOU CALLED A VIDEOGRAPHER?

34 A:

YOU CAN CALL ME THAT.

35 Q:

I WANT TO CALL YOU WHAT --

36 A:

BASICALLY WHEN YOU SHOOT FOR INSIDE EDITION YOU ARE A NEWS PHOTOGRAPH.

37 Q:

OKAY. SO AS A NEWS PHOTOGRAPHER, YOU HAVE AN EYE FOR THE NEWS, YOU ARE SHOOTING AND TRYING TO GET WHATEVER MIGHT BE RELEVANT FOR THE PROGRAM THEREAFTER, IS THAT A FAIR STATEMENT?

38 A:

YES, IT IS.

39 Q:

SO WHEN YOU ARRIVED THERE SHORTLY AFTER TWO O'CLOCK, WOULD I BE CORRECT IN ASSUMING THAT YOU STARTED TO SHOOT AT THAT POINT; IS THAT CORRECT?

40 A:

UMM, YES, SOON AFTER THAT.

41 Q:

AND WHERE IS THAT FILM NOW THAT YOU SHOT THAT WE ARE NOT SEEING TODAY?

42 A:

THAT WOULD HAVE TO BE -- THAT IS THE PROPERTY OF INSIDE EDITION.

43 Q:

IN OTHER WORDS, YOU TURNED IN OR SOLD IT OVER TO THEM?

44 A:

I DON'T SELL IT OVER TO THEM. I TURN IT OVER TO THEM. THEY HIRE ME FOR THE DAY. THEY PAY ME MY REQUIRED FEE FOR THE DAY AND IT IS THEIR PROPERTY.

45 Q:

SO THE FILM IS AT INSIDE EDITION; IS THAT CORRECT, AS FAR AS YOU KNOW?

46 A:

THAT'S TRUE.

47 Q:

AND WITH REGARD TO WHAT YOU SHOT PRIOR TO THE TAKING DOWN OF THE SCENE, DO YOU RECALL WHETHER YOU SAW POLICE OFFICERS IN AND AROUND THAT CRIME SCENE INSIDE THE YELLOW TAPE?

48 A:

WHEN I WAS SHOOTING FROM ACROSS THE STREET?

49 Q:

YES, YES.

50 A:

YES, THERE WERE.

51 Q:

THEY SEEMED TO BE WORKING IN THAT AREA, WERE THEY?

52 A:

YES, THEY DID.

53 Q:

DO YOU REMEMBER HOW MANY POLICE OFFICERS WERE IN THERE?

54 A:

NO, I DON'T.

55 Q:

YOU HAVE NO RECOLLECTION OF THAT?

56 A:

NO, NOT -- I DIDN'T TAKE COUNT.

57 Q:

ALL RIGHT. HAVE YOU -- WHEN IS THE LAST TIME YOU SAW THE FILM THAT YOU SHOT PRIOR TO THE CRIME SCENE BEING TAKEN DOWN?

58 A:

I GUESS THE LAST TIME -- THE TOTAL FILM OR JUST THIS PIECE I'M LOOKING AT NOW?

59 Q:

I'M THINKING NOW THE FILM WHEN YOU FIRST GOT THERE BEFORE THEY TOOK THE CRIME SCENE DOWN, WHEN DID YOU LAST SEE THAT?

60 A:

I'M SORRY, COULD YOU --

61 Q:

SURE. LET ME ASK YOU THAT AGAIN. YOU CAME THERE SHORTLY AFTER TWO O'CLOCK AND YOU STARTED TO SHOOT AT THAT POINT?

62 A:

RIGHT.

63 Q:

I'M ASKING YOU NOW WHEN IS THE LAST TIME THAT YOU SHOT BEFORE THE CRIME SCENE WAS TAKEN DOWN?

64 A:

THAT DAY. THAT DAY.

65 Q:

SO BACK ON JUNE 13?

66 A:

BACK ON JUNE 13.

67 Q:

YOU HAVE NOT SEEN IT SINCE?

68 A:

NOT SEEN IT SINCE.

69 Q:

AND HOW LONG WOULD YOU SAY YOU SHOT BEFORE THE CRIME SCENE WAS TAKEN DOWN?

70 A:

UMM, TOTAL TAPE TIME I WOULD BE UNAWARE, BUT WE WERE THERE APPROXIMATELY ABOUT AN HOUR -- ABOUT -- YEAH, 45 MINUTES, AN HOUR, 30, 45 MINUTES TO AN HOUR.

71 Q:

GOT THERE AT WHAT TIME?

72 A:

I GOT THERE APPROXIMATELY ABOUT RIGHT AROUND TWO O'CLOCK, 2:00, 2:30.

73 Q:

OKAY. DO YOU KNOW WHAT TIME THE CRIME SCENE WAS TAKEN DOWN?

74 A:

NOT EXACTLY, NO. LIKE I SAID, ABOUT 45 MINUTES AFTER I GOT THERE.

75 Q:

IF THE CRIME SCENE WAS TAKEN DOWN BETWEEN 3:30 AND 3:45, WOULD THAT SEEM TO BE ACCURATE TO YOU?

76 A:

YEAH, THAT WOULD BE CLOSE.

77 Q:

CLOSE. SO IF YOU GOT THERE BY 2:00, BETWEEN 2:00 AND 2:30, YOU MIGHT HAVE AT LEAST AN HOUR, MAYBE AN HOUR, A LITTLE BIT MORE? IS THAT A FAIR STATEMENT?

78 A:

YEAH, THAT IS A CORRECT STATEMENT.

79 Q:

AND WOULD I BE CORRECT IN ASSUMING THAT DURING THIS PERIOD OF TIME YOU SHOT AS MUCH AS POSSIBLE THAT YOU THOUGHT MIGHT BE RELEVANT DURING THAT TIME BEFORE THE CRIME SCENE WAS TAKEN DOWN?

80 A:

YEAH. I THOUGHT WHAT I FELT WOULD BE RELEVANT TO TELL THE STORY, SURE.

81 Q:

YOU SHOT THAT FROM ACROSS THE STREET; IS THAT CORRECT?

82 A:

YES, I DID.

83 Q:

WHAT KIND OF A CAMERA WERE YOU USING OR LENS AT THAT POINT?

84 A:

AT THAT POINT THE CAMERA WOULD BE A SONY 70 IS WITH A 14 AND ONE LENS WITH A TWO TIMES EXTENDER.

85 Q:

THAT REALLY CLEARS IT UP FOR ME, I TELL YOU THAT. I HAD TO ASK THAT, DIDN'T I? SO THERE WAS A CAMERA, A LENS THAT WOULD ALLOW YOU, I PRESUME, TO --

KEY QUOTE
86 A:

YES, IT WOULD.

87 Q:

-- ZOOM IN; IS THAT CORRECT?

88 A:

YES, IT WOULD.

89 Q:

SO YOU CAN GET THOSE CLOSE-UP SHOTS WE SAW?

90 A:

YES.

91 Q:

THE LAST TIME YOU SAW THAT FILM WAS ON JUNE 13 IN THE POSSESSION OF INSIDE EDITION, RIGHT?

92 A:

YEAH.

93 Q:

IF WE WANTED THAT FILM OF WHAT TOOK PLACE BEFORE THE CRIME SCENE WAS TAKEN DOWN, WE WOULD HAVE TO GO TO INSIDE EDITION?

94 A:

IF YOU WANT ANYTHING ELSE BESIDES WHAT YOU ARE TODAY TALKING ABOUT, YES, YOU WOULD HAVE TO GO TO INSIDE EDITION.

95 Q:

HOW DID YOU GET THIS?

96 A:

I DIDN'T GET THIS.

97 Q:

FROM INSIDE EDITION?

98 A:

THE NEXT TIME I SAW IT IT WAS IN MARCIA CLARK'S OFFICE.

KEY QUOTE
99 Q:

ALL RIGHT. SO YOU HAD NOTHING TO DO WITH GETTING IT? YOU WERE JUST THE MAN WHO SHOT IT; IS THAT CORRECT?

100 A:

YES.

101 Q:

ALL RIGHT. I UNDERSTAND. AND SO THERE MAY BE AT LEAST AN HOUR OF FILM THAT PRECEDED THE TAKING DOWN OF THAT YELLOW TAPE SOMEWHERE AT INSIDE EDITION, RIGHT?

102 A:

I WOULDN'T SAY AN HOUR BECAUSE THAT MEANS I WOULD HAVE RUN CONTINUOUS.

103 Q:

ALL RIGHT. HOW MUCH?

104 A:

BUT THERE IS MORE FILM, YES.

KEY QUOTE
105 Q:

OKAY. ALL RIGHT. AND THEN AT SOME POINT AFTER PERHAPS 3:30, AS YOU SAW THE CRIME SCENE BEING TAKEN DOWN, YOU THEN CAME ACROSS THE STREET AT THAT POINT AND GOT A CLOSER VANTAGE POINT; IS THAT CORRECT?

106 A:

THAT'S CORRECT.

107 Q:

ALL RIGHT. DO YOU RECALL WHETHER OR NOT WHEN YOU WERE SHOOTING DURING THE PERIOD AFTER 2:00 TO THE TIME THE CRIME SCENE WAS TAKEN DOWN HOW MANY DIFFERENT OFFICERS YOU SHOT OR TOOK PICTURES OF DURING THAT PERIOD OF TIME?

108 A:

NO.

109 Q:

DO YOU REMEMBER WHETHER OR NOT ANY OF THE OFFICERS THAT YOU TOOK PICTURES OF DURING THAT TIME FRAME WERE IN PLAIN CLOTHES?

110 A:

NO, I DO NOT.

111 Q:

YOU USED THE WORD "WE" AT SOME POINT. WERE YOU BEING ASSISTED BY SOME OTHER PERSON WHEN YOU WERE OUT THERE THAT MORNING?

112 A:

SURE. I ALWAYS TAKE AN AUDIO MAN WITH ME.

113 Q:

OKAY. WHO WAS YOUR AUDIO PERSON THAT DAY?

114 A:

THAT WOULD BE JEFF WATTS.

115 Q:

IS HE ALSO FREELANCE?

116 A:

HE IS ALSO FREELANCE.

117 Q:

ALL RIGHT. SO YOU ARE BOTH, YOU AND MR. WATTS, ARE THEN BOTH HIRED BY INSIDE EDITION FOR THE DAY?

118 A:

WE WERE BOTH HIRED BY GOLD COAST WHICH PLACES US WITH INSIDE EDITION.

119 Q:

OKAY. NOW, WHAT ARE OUTTAKES?

120 A:

WHAT ARE OUTTAKES?

121 Q:

YES, WHAT ARE OUTTAKES?

122 A:

OUTTAKES ARE BASICALLY WHAT YOU USE THAT WOULDN'T BE IN ORDER, BUT YOU WOULD USE TO TELL A STORY. THEY DON'T NECESSARILY HAVE TO COME FROM THE ORIGINAL FOOTAGE IN WHICH YOU ARE SHOOTING. THEY CAN COME FROM ANYWHERE, COME FROM A MOVIE. YOU KNOW, YOU ARE TELLING A STORY, THERE IS AN INTERVIEW, YOU CAN BRING A PIECE OF A MOVIE IN, A PIECE OF ANYTHING, AND USE IT, IN OTHER WORDS, FOR OUTTAKES, IS BASICALLY B ROLL.

123 Q:

ALL RIGHT. YOU CAN JUST WORK IT INTO THE STORY?

124 A:

WORK IT INTO THE STORY.

125 Q:

IS THAT CORRECT?

126 A:

RIGHT.

127 Q:

ALL RIGHT. AND WITH REGARD TO THIS INSIDE EDITION SHOW, ALTOGETHER HOW MUCH WOULD YOU SAY THAT YOU SHOT BEFORE THE TAPE CAME DOWN AND AFTER THE TAPE CAME DOWN, IF YOU RECALL?

128 A:

WELL, I WOULD PROBABLY -- BEFORE THE TAPE CAME DOWN I PROBABLY ROLLED ABOUT AROUND THIRTY MINUTES. I WOULD SAY TWENTY TO THIRTY MINUTES. TAPES USUALLY RUN ABOUT 20 -- EITHER A 20-MINUTE LOAD OR A 30-MINUTE LOAD.

129 Q:

DO YOU REMEMBER WHAT YOU WERE USING THAT DAY, A 20 OR 30-MINUTE LOAD?

130 A:

INSIDE GENERALLY USES -- AT THAT TIME THEY WERE GENERALLY USING 30-MINUTE LOADS.

131 Q:

DO YOU RECALL WHETHER OR NOT YOU USED MORE THAN ONE TAPE PRIOR TO THE YELLOW TAPE BEING TAKEN DOWN?

132 A:

NO, DEFINITELY NOT.

133 Q:

SO IT WOULD ALL BE ON ONE TAPE?

134 A:

BEFORE, YES, IT SHOULD BE ON ONE TAPE.

135 Q:

AND THEN AFTERWARD DID YOU USE ANOTHER TAPE?

136 A:

YES.

137 Q:

AFTER THE TAPE CAME DOWN?

138 A:

YES.

139 Q:

ALTOGETHER THAT DAY WHILE YOU WERE AT THE SCENE HOW MANY TAPES DID YOU USE ALTOGETHER?

140 A:

WHILE I WAS JUST AT THE BUNDY SCENE?

141 Q:

AT THE BUNDY SCENE, YES?

142 A:

UMM, I WOULD SAY IT BASICALLY -- IT SHOULD HAVE ALL FIT ON TWO TAPES.

143 Q:

PERHAPS TWO TAPES?

144 A:

YES.

145 Q:

IS THAT YOUR BEST RECOLLECTION NOW?

146 A:

THAT IS MY BEST RECOLLECTION AT THIS POINT.

147 Q:

AND WE ARE TALKING ABOUT THE BUNDY -- THE TWO TAPES AT BUNDY?

148 A:

WE ARE TALKING ABOUT BUNDY.

149 Q:

OKAY. THE PART THAT WE SAW HERE WITH THE TAPE TAKEN DOWN AND THE LITTLE BOY SKATING BY ON THE ROLLER BLADES --

150 A:

RIGHT.

151 Q:

-- WOULD THAT BE ON TAPE 2?

152 A:

THAT I WOULDN'T HAVE A RECOLLECTION OF.

153 Q:

YOU DON'T KNOW?

154 A:

IT WOULD EITHER BE ON 1 OR 2.

155 Q:

ONE OR TWO OF THEM?

156 A:

YEAH. IT WASN'T LIKE A DEFINITIVE STOP AND START AT THAT POINT.

157 Q:

OKAY. THIS WHITE -- WAS IT A BLANKET OR A SHEET, IF YOU WERE ABLE TO TELL, WHEN YOU GOT OVER CLOSER TO IT? WHAT WAS THAT THAT HAD BEEN OVER ONE OF THE BODIES?

158 A:

UMM, AS FAR AS I COULD TELL IT WAS BASICALLY WHAT WAS COVERING SOME AREAS OF THE CRIME SCENE.

159 Q:

RIGHT. I GUESS WHAT I'M ASKING, DID IT APPEAR TO YOU TO BE A BLANKET OR A SHEET?

160 A:

IT APPEARED TO BE LIKE A BLANKET.

161 Q:

IT WAS WHITE IN COLOR; IS THAT RIGHT?

162 A:

IT WAS QUITE, YES, WITH A TEXTURE TO IT.

163 Q:

SOME TEXTURE. DID YOU SEE WHAT HAPPENED TO THAT AFTER -- WHILE YOU WERE THERE, THAT WHITE BLANKET?

164 A:

NO, I DON'T REMEMBER SEEING WHAT HAPPENED TO THAT.

165 Q:

DO YOU RECALL WHETHER OR NOT YOU SHOT SOME INDIVIDUAL OR OFFICER MOVING THAT WHITE BLANKET TO SOME OTHER PLACE DURING THE COURSE OF YOUR TWO ROLLS THAT YOU SHOT?

166 A:

YES. THERE WAS -- THERE WAS SOME MOVEMENT AND THE BLANKET WAS MOVED.

167 Q:

ALL RIGHT. AND AS YOU THINK BACK IN YOUR MIND NOW DO YOU REMEMBER WHERE IT WAS MOVED TO?

168 A:

UMM, BASICALLY THE ONLY THING I CAN REMEMBER WAS IT BEING MOVED IN THAT GENERAL AREA IN WHICH IT IS PLACED ON THE TAPE NOW.

169 Q:

ALL RIGHT. DO YOU EVER RECALL A TIME WHILE YOU WERE STILL THERE THAT IT WAS MOVED OUT OF YOUR SIGHT, THAT WHITE BLANKET?

170 A:

NO, I CAN'T SAY THAT I DO.

171 Q:

ALL RIGHT. THE LAST TIME YOU REMEMBER SEEING IT IT WAS STILL THERE; IS THAT CORRECT?

172 A:

THE LAST TIME I REMEMBER SEEING IT, YES, IT WAS THERE.

173 Q:

ALL RIGHT. NOW, IN ADDITION TO YOURSELF, WERE THERE OTHER CAMERAMEN OUT THERE SHOOTING ALSO AT ABOUT THE TIME THAT YOU ARRIVED, SHORTLY AFTER TWO O'CLOCK?

174 A:

THERE WERE SOME OTHER CAMERAMEN OUT THERE; HOWEVER, WHEN THE TAPE CAME DOWN I WAS THE FIRST ONE -- PRETTY MUCH THE ONE TO START ACROSS THE STREET AND START SHOOTING.

175 Q:

WELL, LIKE A SCOOP THING, RIGHT?

176 A:

WELL, IT IS BASICALLY WHAT I'M BEING PAID FOR IS TO COVER THE STORY, BUT NOT GET IN THE WAY.

177 Q:

ALL RIGHT. SO YOU WERE THE FIRST ONE TO GET ACROSS THE STREET. BEFORE THAT, HOWEVER, THERE WERE OTHER CAMERA PERSONS THERE; IS THAT RIGHT?

178 A:

YES, I DID SEE SOME OTHER CAMERA PERSONS THERE.

179 Q:

DID YOU KNOW SOME OF THESE PEOPLE?

180 A:

ACTUALLY, NO, I CAN'T RECALL.

181 Q:

DO YOU RECALL ANY OTHER PROGRAMS OR SUCH AS YOU TALKED ABOUT INSIDE EDITION AND GOLD COAST, I GUESS IT WAS, THE OTHER PROGRAMS WHO WERE OUT THERE COMPETING FOR STORIES AT THAT POINT?

182 A:

THE ONLY THING I REMEMBER IS WITH REGARDS TO THE MEDIA, IS SATELLITE TRUCKS THAT WOULD ROLL BY, CHANNEL 7, 2, KCAL, THEY WOULD ROLL BY.

183 Q:

LOCAL NEWS MEDIA?

184 A:

CONTINUE TO LOOK AT THE SCENE.

185 Q:

LOCAL NEWS MEDIA?

186 A:

LOCAL NEW MEDIA.

187 Q:

DID YOU SEE THEM ON OCCASION STOP AND SHOOT FOOTAGE ALSO, THE LOCAL NEWS MEDIA?

188 A:

I DID SEE ONE PERSON AND I'M TRYING TO REMEMBER NOW, I BELIEVE IT WAS 7, THAT WAS THERE.

189 Q:

YES.

190 A:

FOR A LITTLE WHILE AND THEN I BELIEVE THEY LEFT, AND AS A MATTER OF FACT, I KNOW THEY LEFT AND PROCEEDED TO ROCKINGHAM.

191 Q:

ALL RIGHT. WHEN YOU SAW 7, CHANNEL 7, THAT IS ABC I PRESUME?

192 A:

YES, THAT IS ABC.

193 Q:

DO YOU RECALL THE INDIVIDUAL WHO WAS DOING THE SHOOTING?

194 A:

NO, I DO NOT.

195 Q:

ALL RIGHT. WAS THIS AT A TIME PRIOR TO THE TAPE COMING DOWN?

196 A:

UMM, YES, THERE WAS. THEY WERE.

197 Q:

OKAY. WHEN YOU ARRIVED THERE AFTER TWO O'CLOCK THERE WERE OTHER NEWS ORGANIZATIONS WHO WERE ALREADY THERE WHEN YOU GOT THERE, IS THAT A FAIR STATEMENT?

198 A:

YES, THERE WERE OTHER MEDIA THERE.

199 Q:

ALL RIGHT. ALL RIGHT. YOU JUST CAN'T RECALL WHO THEY WERE AT THIS POINT OR CAN YOU?

200 A:

NOT AT THIS POINT. I MEAN -- THAT WAS -- THAT ENDED UP BEING FROM A DAY THAT JUST SEEMED LIKE IT WAS JUST GOING TO BE SOME NORMAL -- NORMAL EVERYDAY QUICK SHOOT QUICK PICK-UP TO A MEDIA FEST BASICALLY.

201 Q:

ALL RIGHT. AND BY THAT YOU MEAN A MEDIA FEST, YOU MEAN THERE WERE A LOT OF MEDIA?

202 A:

I MEAN A LOT OF MEDIA TURNED OUT LATER ON IN THE DAY AND WE WERE AT DIFFERENT PLACES AND STUFF.

203 Q:

FROM WHAT YOU INDICATED TO US, AT SOME POINT -- YOU LEFT BUNDY AT SOME POINT?

204 A:

YES.

205 Q:

AND ABOUT WHAT TIME WAS THAT, SIR?

206 A:

LEAVING BUNDY, I WOULD SAY IT HAD TO BE IN THE NEIGHBORHOOD OF AROUND 5:00.

207 Q:

5:00, SO YOU STAYED AT BUNDY SOMETHING MAYBE JUST A LITTLE BIT SHORT OF THREE HOURS; IS THAT CORRECT?

208 A:

THAT WOULD BE CORRECT.

209 Q:

AND --

210 A:

TWO TO THREE HOURS.

211 Q:

TWO TO THREE HOURS?

212 A:

YES.

213 Q:

AND DID YOU COULDN'T TO SHOOT UNTIL THE TIME YOU LEFT?

214 A:

YEAH, PRETTY MUCH, PRETTY MUCH.

215 Q:

AND OVER THAT TIME NOW OF THE -- IF YOU STAYED TWO HOURS PLUS, COULD YOU HAVE SHOT MORE THAN TWO ROLLS IF YOU ARE USING 30-MINUTE ROLLS?

216 A:

ACTUALLY PROBABLY NOT. WHILE I AM DOCUMENTING THINGS THAT ARE GOING ON, I'M ALSO BEING SELECTIVE ON WHICH SHOTS I'M TAKING. IT TAKES TIME SOMETIMES TO SEE AND TO ACTUALLY BE CREATIVE IN YOUR PROCESS OF HOW TO TELL THE STORY OR HOW TO MAKE SURE IT IS READY FOR THE EDITORS TO TELL THE STORY AND THE DIRECTOR OR THE PRODUCER TO TELL A STORY WHEN THEY GET BACK.

217 Q:

WAS THERE A DIRECTOR OR A PRODUCER AT THE SCENE THAT DAY AT ALL?

218 A:

SURE THERE WAS A PRODUCER THERE.

219 Q:

WHO WAS THE PRODUCER?

220 A:

UMM, IT SHOULD BE MALCOLM, MALCOLM -- I DON'T REMEMBER MALCOLM'S LAST NAME. SORRY, MALCOLM.

221 Q:

MALCOLM?

222 A:

SORRY.

223 Q:

OKAY. WELL, PROBABLY CALL IN AND TELL US. MALCOLM?

224 A:

I WASN'T THINKING ABOUT THAT.

225 Q:

OKAY. BUT IT IS MALCOLM AND HE'S A MALE?

226 A:

YES, HE IS.

227 Q:

OKAY. WAS HE WITH YOU THE ENTIRE TIME?

228 A:

YES. HE PRETTY MUCH DOGGED MY EVERY STEP.

229 Q:

ALL RIGHT. NOW I'M SURE HE WILL CALL IN. WAS MALCOLM DIRECTING YOU WHAT TO SHOOT ALSO?

230 A:

NO. I MEAN HE WILL HAVE SUGGESTIONS AT A TIME AND SAY, YOU KNOW, LET'S MAKE SURE WE GET THIS, LET'S MAKE SURE WE GET THAT, BUT A LOT OF IT IS ALSO MY -- WE HAVE WORKED TOGETHER, THEY KNOW I'M GOING TO DELIVER, YOU KNOW, WHAT THEY NEED TO TELL THE STORY, SO IF THEY SEE SOMETHING SPECIAL, THEY USUALLY SUGGEST IT.

231 Q:

ALL RIGHT. SO THAT WE CAN MAKE SURE THIS IS CLEAR, THERE WERE AT LEAST THREE OF YOU IN YOUR GROUP, THE AUDIO MAN, JEFF WATTS?

232 A:

YES.

233 Q:

MALCOLM, THE PRODUCER, AND YOU AS THE VIDEOGRAPHER?

234 A:

YES, SIR.

235 Q:

THERE IS NO LOG THAT YOU HAVE THAT WOULD TELL THE EXACT TIME YOU GOT THERE?

236 A:

THERE IS A LOG WHEN WE CHECKED INTO GOLD COAST COMMUNICATIONS. THEY WANTED US THERE BY 1:20. WE CHECKED IN AT 1:30, THEN WE PROCEEDED OVER TO INSIDE WHICH IS ABOUT FIFTEEN TO TWENTY MINUTES AWAY.

237 Q:

PROCEEDED OVER TO WHERE?

238 A:

TO INSIDE EDITION.

239 Q:

WHERE IS THAT LOCATED?

240 A:

INSIDE EDITION IS LOCATED ON WILSHIRE BOULEVARD IN THE -- I DON'T KNOW THE EXACT ADDRESS.

241 Q:

OKAY. BUT HOW FAR IS THAT FROM THE BUNDY LOCATION?

242 A:

UMM, FROM THE BUNDY LOCATION IT IS IN THE NEIGHBORHOOD OF ABOUT 20 -- ABOUT 25 MINUTES, 20, 25 MINUTES.

243 Q:

YOU WERE AT INSIDE EDITION A SHORT PERIOD OF TIME, I PRESUME?

244 A:

RIGHT. WE BASICALLY WENT THERE TO PICK UP MALCOLM.

245 Q:

ULTIMATELY WHEN YOU DID LEAVE AT 5:00, DID YOU GO OVER TO THE ROCKINGHAM LOCATION?

246 A:

YES, WE DID.

247 Q:

DID YOU SHOOT FOOTAGE THERE ALSO?

248 A:

YES, WE DID.

249 Q:

WHO HAS THAT FOOTAGE?

250 A:

INSIDE EDITION.

251 Q:

YOU USED SOME DIFFERENT TAPES FOR THAT, I PRESUME?

252 A:

YES.

253 Q:

OKAY. WHEN DID YOU TALK -- WHEN WERE YOU IN MISS CLARK'S OFFICE? WHEN DID YOU HAVE THIS CONVERSATION WITH HER?

254 A:

THIS CONVERSATION WOULD HAVE TAKEN PLACE ABOUT THREE WEEKS AGO FROM THIS FRIDAY, I BELIEVE.

255 Q:

IN THIS BUILDING?

256 A:

YES, IN THIS BUILDING. YOUR OFFICE IS IN THIS BUILDING, RIGHT?

257 (NODS HEAD UP AND DOWN.)
258 DARRYL SMITH:

YES, IN THIS BUILDING.

259 Q:

BY MR. COCHRAN: YOU CAN'T ASK HER. YOUR BEST RECOLLECTION?

260 A:

IN THIS BUILDING. SORRY.

261 MR. COCHRAN:

NO PROBLEM. THANK YOU VERY KINDLY. I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (4)

Darryl Smith
THERE IS MORE FILM, YES.
Confirms additional footage exists at Inside Edition beyond what was shown in court — footage that captured police officers inside the crime scene perimeter.
Darryl Smith
THE NEXT TIME I SAW IT IT WAS IN MARCIA CLARK'S OFFICE.
Establishes prosecution's chain of custody — Smith had no role in selecting or obtaining the footage shown; the DA's office sourced it directly from Inside Edition.
Darryl Smith
ANYWAY THEY CHOOSE.
Confirms Inside Edition could edit, cut, and splice footage in any order — undermining the evidentiary completeness of what was shown.
Johnnie Cochran
THAT REALLY CLEARS IT UP FOR ME, I TELL YOU THAT. I HAD TO ASK THAT, DIDN'T I?
Cochran's self-deprecating humor after Smith described his camera model in technical detail — a rare light moment in a methodical examination.

Evidence (3)

Informal
Inside Edition footage of the Bundy crime scene — the tape shown in court
discussed; established that Smith first saw this specific cut in Marcia Clark's office approximately three weeks before testifying
Informal
Additional pre-crime-scene-takedown footage (approx. 20-30 minutes) held by Inside Edition, not shown in court
existence established; Cochran confirms it would have to be obtained directly from Inside Edition
Informal
Rockingham footage shot by Smith after leaving Bundy around 5:00 PM
existence noted; also held by Inside Edition

Notable Exchanges (3)

Johnnie CochranDarryl Smith
Cochran methodically establishes that Smith shot approximately 20-30 minutes of footage before the crime scene tape came down, capturing police officers inside the perimeter — footage the jury never saw and which remains at Inside Edition.
strategic
Darryl SmithMarcia Clark
Smith, uncertain whether Clark's office is in the courthouse building, turns to ask Clark directly in the courtroom. She nods. Cochran interjects: 'You can't ask her.'
light
Johnnie CochranDarryl Smith
Cochran establishes the chain of custody: Smith turned all footage over to Inside Edition, never retained copies, and only saw the specific tape shown in court when summoned to the DA's office.
strategic

Light Moments (2)

Johnnie Cochran
After Smith described his camera as a 'Sony 70 IS with a 14 and one lens with a two times extender,' Cochran deadpanned: 'That really clears it up for me, I tell you that. I had to ask that, didn't I?'
Johnnie Cochran
When Smith couldn't remember the producer's last name ('Malcolm'), Cochran joked: 'Well, probably call in and tell us... I'm sure he will call in.' Smith replied: 'I wasn't thinking about that.'

Credibility Attacks (1)

⚔ Prosecution's use of footage
selective evidence
Cochran implicitly argues that Inside Edition footage shown to the jury was selectively chosen by the prosecution from a larger body of film — including footage of officers moving through the crime scene — that was never produced for the defense or shown to the jury.

Witness Demeanor

(Cooperative and relaxed throughout; candid about the limits of his recollection)
(Marcia Clark nods head up and down when witness asks if her office is in the building)

Objections

None recorded
Proceeding 5311 • 261 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAR 16, 1995 📄 Cross-examination of Darryl Sm
MAR 16, 1995 KRT DvH TD