Cross-examination of Frank Spangler

📄 Cross-examination of Frank Spangler — Thursday, March 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\16\CROSS-EXAMINATION-OF-FRANK-SPA.DOC

TRIAL

▲ Day 39 of 167

◀ Direct examination of Frank Spangler Redirect examination of Frank Spangler ▶

Witness: Lt. Frank Spangler
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Thursday, March 16, 1995 • Utterances: 275

F. Lee Bailey cross-examines Lieutenant Frank Spangler, the commanding officer at the Bundy crime scene, about his movements, observations, and interactions with Detective Fuhrman in the early morning hours of June 13, 1994. Bailey probes the timeline of Spangler's multiple visits to Goldman's body, Fuhrman's disagreement with Spangler's 'gunshot wound' assessment, and the fact that Spangler never wrote a report — and only first recounted his account the day before testifying.

# 1 THE COURT:

MR. BAILEY.

# 2

CROSS-EXAMINATION

# 3

BY MR. BAILEY:

# 4 Q:

LIEUTENANT SPANGLER, WHAT TIME DID YOU ARRIVE THERE THAT NIGHT?

# 5 A:

I BELIEVE I ARRIVED APPROXIMATELY 2:30 IN THE MORNING, SIR.

# 6 Q:

OKAY. SO YOU WERE THERE RATHER SHORTLY AFTER DETECTIVES FUHRMAN AND PHILLIPS ARRIVED AT 2:10?

# 7 A:

THAT IS MY UNDERSTANDING, YES.

# 8 Q:

AND DID YOU LEARN SOON AFTER YOUR ARRIVAL ABOUT THEIR HAVING ARRIVED AT 2:10?

# 9 A:

I DON'T BELIEVE I MADE THAT INQUIRY AT THE TIME, BUT THAT IS MY UNDERSTANDING, YES, SIR.

# 10 Q:

WHAT WAS THE FIRST THING YOU REMEMBER AFTER ARRIVING AT THE SCENE?

# 11 A:

TALKING TO DETECTIVE PHILLIPS.

# 12 Q:

OKAY. WHERE WAS DETECTIVE FUHRMAN?

# 13 A:

DETECTIVE FUHRMAN WAS STANDING TO THE REAR OF 875 SOUTH BUNDY IN THE ALLEYWAY.

# 14 Q:

OKAY. AND WHERE WERE YOU?

# 15 A:

I HAD WALKED AROUND TO THE ALLEYWAY AND MET DETECTIVE PHILLIPS AND TALKED TO HIM, SIR.

# 16 Q:

OKAY. CAN YOU TELL US WHERE YOU WENT AFTER YOUR ARRIVAL, WHAT YOU LOOKED AT?

# 17 A:

YES, SIR.

# 18 MS. CLARK:

OBJECTION, THIS IS BEYOND THE SCOPE.

# 19 THE COURT:

OVERRULED.

# 20 LT. FRANK SPANGLER:

DETECTIVE PHILLIPS AND SERGEANT ROSSI SPOKE TO ME BRIEFLY AND THEN DETECTIVE PHILLIPS ESCORTED ME INTO THE CONDOMINIUM VIA THE REAR GARAGE.

# 21 Q:

BY MR. BAILEY: DID YOU VIEW THE CRIME SCENE FROM THE STEPS, FRONT STEPS?

# 22 A:

I STAYED INSIDE THE CONDOMINIUM. I DID NOT GO OUTSIDE ONTO ANY STEPS, SIR.

# 23 Q:

OKAY. DID YOU EVER ENTER THE CRIME SCENE FROM BUNDY?

# 24 A:

YES, I DID, SIR.

# 25 Q:

WHEN WAS THAT?

# 26 A:

DETECTIVE PHILLIPS, AFTER TAKING ME THROUGH THE INTERIOR OF THE CONDOMINIUM AND SHOWING ME SOME THINGS FROM THE DOORWAY, TOOK ME BACK VIA DOROTHY TO THE FRONT OF THE LOCATION AND HE ILLUMINATED A PATHWAY THROUGH SOME PLANTS THAT WERE JUST SOUTH OF THE SIDEWALK WHERE THE FEMALE VICTIM WAS LYING AND WE APPROACHED IT FROM THAT POSITION, SIR.

# 27 Q:

OKAY. CAN YOU RECALL WHAT YOU DID AFTER THAT?

# 28 A:

YES, SIR. WE WALKED BACK OUT INTO THE STREET OF BUNDY AND WALKED NORTH TO THE PATHWAY THAT I DESCRIBED AND WALKED IN AND LOOKED AT THE BODY OF THE MALE VICTIM FROM THAT PERSPECTIVE, SIR.

# 29 Q:

THAT WAS AT WHAT TIME?

# 30 A:

I ARRIVED AT 2:30 AND BY 2:50 WE HAD MADE ALL THOSE OBSERVATIONS, SO OVER A PERIOD OF TWENTY MINUTES WE WERE IN THE CONDOMINIUM, OUT AT THE FRONT AND BACK OVER ON THE EAST CURB OF BUNDY.

# 31 Q:

AND BY 2:50 YOU HAD BEEN UP TO THE BODY, NOTICED WHAT YOU THOUGHT WAS A GUNSHOT WOUND AND GONE BACK AND DONE THE SAME WITH FUHRMAN, CORRECT?

# 32 A:

NO, SIR. FUHRMAN -- THE TIME THAT I WENT UP WITH FUHRMAN WAS A FEW MINUTES LATER, SIR.

# 33 Q:

HOW MANY?

# 34 A:

I WOULD ESTIMATE JUST AFTER 3:00 IN THE MORNING, MAYBE 3:05 MAX.

# 35 Q:

AS I UNDERSTOOD IT, YOU CAME BACK WITH PHILLIPS TO THE CORNER?

# 36 A:

YES, YES, SIR.

# 37 Q:

SPOKE TO FUHRMAN AND THEN TURN HIM UP TO LOOK AT THE WOUND?

# 38 A:

I'M SORRY?

# 39 Q:

WHAT TIME DID YOU AND DETECTIVE PHILLIPS GO LOOK AT THE WOUND?

# 40 A:

THAT WOULD HAVE BEEN ABOUT 2:45.

# 41 Q:

OKAY. AND HOW MUCH TIME ELAPSED BETWEEN THE VIEWING WITH PHILLIPS AND THE VIEWING WITH FUHRMAN?

# 42 A:

TEN, FIFTEEN MINUTES.

# 43 Q:

AND WHY WAS THAT?

# 44 A:

I DIDN'T HEAR THE QUESTION, SIR.

# 45 Q:

I UNDERSTOOD FROM YOUR DIRECT TESTIMONY THAT YOU WALKED DOWN, TOLD FUHRMAN WHAT YOU HAD SEEN AND TOOK HIM BACK WITHOUT ANY BREAK?

# 46 A:

NO, SIR.

# 47 Q:

DID SOMETHING HAPPEN IN BETWEEN?

# 48 A:

NO, SIR. FUHRMAN WALKED OVER TO ME. FUHRMAN WALKED FROM AROUND BACK BEHIND THE CONDOMINIUM OUT TO MY LOCATION ON BUNDY AND THEN WE HAD OUR DISCUSSION. I HAD DISCUSSED MY OBSERVATIONS WITH HIM AND THEN I WALKED OVER WITH HIM. THERE WAS A PERIOD OF TIME WHEN I WAS STANDING OUT ON BUNDY BY MYSELF BECAUSE DETECTIVE PHILLIPS HAD GONE TO GET DETECTIVE ROBERTS AND DETECTIVE FUHRMAN.

# 49 Q:

OKAY. WHAT DID DETECTIVE FUHRMAN SAY TO YOU WHEN HE FIRST ENCOUNTERED YOU ON THAT OCCASION?

# 50 A:

I DON'T BELIEVE -- THAT IS NOT THE SEQUENCE THAT IT OCCURRED. I WAS SPEAKING AND I ASKED HIM; HE DIDN'T ASK ME.

# 51 Q:

DID HE SAY ANYTHING TO YOU, OTHER THAN "SURE" RESPOND?

# 52 A:

YES. HE SAID "SURE." WHEN I ASKED HIM TO WALK OVER WITH ME HE SAID "SURE."

# 53 Q:

WHAT I'M ASKING, LIEUTENANT SPANGLER, IS WHETHER OR NOT DETECTIVE FUHRMAN SAID ANYTHING UNRELATED TO THE ALLEGED WOUND IN THE BODY TO YOU ABOUT THE CASE AT THAT TIME?

# 54 A:

NO, SIR, HE DID NOT.

# 55 Q:

DID NOT. MADE NO COMMENT?

# 56 A:

NO, SIR.

# 57 Q:

OKAY. DO YOU KNOW AT WHAT POINT DETECTIVE FUHRMAN WAS WRITING HIS NOTES? IN OTHER WORDS, WAS IT BEFORE OR AFTER, IF YOU KNOW, YOU TOOK HIM UP TO LOOK AT THE WOUND?

# 58 A:

I DO NOT RECALL SEEING HIM WRITING ANY NOTES, SIR.

# 59 Q:

WELL, HE HAS TESTIFIED THAT HE WROTE NOTES IN THE HOUSE. WERE YOU AWARE OF THAT?

# 60 A:

HE WAS NOT IN THE HOUSE WITH ME, SIR.

# 61 Q:

OKAY. WAS HE IN THE HOUSE AFTER YOU WERE THERE AT ANY TIME?

# 62 A:

I NEVER SAW HIM IN THE HOUSE.

# 63 Q:

WHEN HE WALKED UP TO YOU AND PHILLIPS, FOLLOWING YOUR OBSERVATION OF MR. GOLDMAN'S BODY, WHERE WAS HE COMING FROM?

# 64 A:

I LATER LEARNED FROM DETECTIVE PHILLIPS THAT HE HAD BEEN INSIDE THE HOUSE, SIR.

# 65 Q:

OKAY.

# 66 A:

AND I BELIEVE THAT IS WHERE DETECTIVE PHILLIPS FOUND HIM.

# 67 Q:

ALL RIGHT. WELL, NOW HIS NOTES SAY POSSIBLE GUNSHOT WOUND, "GSW."

DID ANYONE OTHER THAN YOURSELF EVER SUGGEST THAT THE LACERATION ON GOLDMAN'S BODY WAS A GUNSHOT WOUND, IF YOU KNOW?

# 68 A:

I DO NOT KNOW OF ANYONE ELSE THAT MADE THAT OBSERVATION, SIR.

# 69 Q:

OKAY. AND YOU SAID THAT DETECTIVE FUHRMAN, UPON VIEWING THE WOUND, THOUGHT THAT IT LOOKED MORE LIKE A CUT?

# 70 A:

YES, SIR.

# 71 Q:

SUCH AS WOULD BE INFLICTED BY A SHARP INSTRUMENT?

# 72 A:

YES, SIR, THAT IS FAIR.

# 73 Q:

ALL RIGHT. NOW, THE NOTES THAT HE WROTE SAY GUNSHOT WOUND BUT DO NOT MENTION CUT. DO YOU KNOW WHY THAT IS?

# 74 A:

NO, SIR. I HAVE NEVER SEEN THE NOTES.

# 75 Q:

OKAY. HOW LONG AFTER THAT WAS IT THAT DETECTIVES PHILLIPS AND FUHRMAN WERE NOTIFIED THAT THE CASE WOULD NOT BE THEIRS, IF YOU KNOW.

# 76 THE COURT:

HOW LONG BEFORE WHAT?

# 77 MR. BAILEY:

AFTER HIS ENCOUNTER WITH FUHRMAN AND THE BODY?

# 78 LT. FRANK SPANGLER:

OKAY. YOUR QUESTION IS HOW LONG AFTER FUHRMAN AND I VIEWED THE BODY?

# 79 Q:

BY MR. BAILEY: YES.

# 80 A:

THAT THE DECISION THAT ROBBERY/HOMICIDE WAS GOING TO HANDLE --

# 81 Q:

YES.

# 82 A:

OKAY. THE DECISION WAS MADE BEFORE HE AND I HAD VIEWED THE BODY TOGETHER. I HAD MADE THE DECISION WHEN DETECTIVE PHILLIPS AND I WERE STANDING OUT ON BUNDY AFTER HE HAD AND I HAD VIEWED THE BODY AND THAT WOULD HAVE BEEN ROUGHLY TEN MINUTES TO 3:00, SIR.

# 83 Q:

AND WHAT, IF ANYTHING, DID PHILLIPS DO?

# 84 A:

PHILLIPS LEFT ME, WALKED ROUND TO THE REAR WHERE DETECTIVE ROBERTS AND DETECTIVE FUHRMAN HAD BEEN, AND BROUGHT THEM BACK TO -- TO THE FRONT WHERE I WAS STANDING.

# 85 Q:

DID HE GO IN THE HOUSE?

# 86 A:

HE WAS OUT OF MY SIGHT, SIR. I DON'T KNOW. I LATER LEARNED THAT DETECTIVE ROBERTS AND FUHRMAN APPARENTLY WERE INSIDE THE CONDOMINIUM, SO YOU CAN SURMISE THAT HE DID, BUT I DON'T HAVE PERSONAL KNOWLEDGE OF THAT.

# 87 Q:

AND HE BROUGHT FUHRMAN BACK WITH HIM? IS THAT THE WAY IT HAPPENED?

# 88 A:

YES, SIR.

# 89 Q:

OKAY. NOW, HAD YOU LEARNED AT THAT POINT THAT A SINGLE GLOVE HAD BEEN LOCATED THAT MIGHT BE CONNECTED WITH THE MURDERS?

# 90 A:

I SAW IT, SIR.

# 91 Q:

OKAY. DID YOU DIRECT ANYONE TO SEE IF THERE WAS ANOTHER GLOVE AROUND, SINCE THEY NORMALLY COME IN PAIRS?

# 92 A:

WHEN I WAS LOOKING AT THE CRIME SCENE I ILLUMINATED THE AREA WITH A FLASHLIGHT AND THERE WAS NEVER ANY OTHER GLOVE THERE. THAT WAS ONLY THAT ONE THAT I COULD SEE BY AN OBLIQUE ILLUMINATION OF THE CRIME SCENE AND A HORIZONTAL ILLUMINATION. I ONLY EVER SAW THE ONE, SIR.

# 93 Q:

DID YOU LOOK AROUND THE BODY?

# 94 A:

YES, I DID.

# 95 Q:

WHERE?

# 96 A:

FROM TWO PERSPECTIVES. ACTUALLY THREE, EXCUSE ME. FROM THE DOORWAY INSIDE THE CONDOMINIUM YOU COULD LOOK DOWN AND HAVE A LIMITED VIEW. FROM THE SOUTH SIDE OF THE BODIES, WHEN WE WALKED THROUGH THE PLANTED AREA, AND THEN FROM THE NORTH SIDE OF THE BODIES WHEN WE WALKED UP ON THE OUTSIDE OF THE FENCE. I LOOKED AT IT THREE DIFFERENT ANGLES.

# 97 Q:

ALL RIGHT. TWO OF THE ANGLES YOU WERE WITHIN THE ENCLOSURE THAT IS NOW CALLED THE CRIME SCENE; IS THAT CORRECT?

# 98 (NO AUDIBLE RESPONSE.)

# 99 Q:

IF YOU CONSIDER THE FENCE AND THE GATE TO BE AN ENCLOSURE?

# 100 A:

I NEVER ENTERED INSIDE THE GATE, IF THAT IS THE QUESTION YOU ARE ASKING, SIR.

# 101 Q:

OKAY. WELL, REVIEW THEM AGAIN IF YOU WILL, BECAUSE IT IS NOT CLEAR TO ME WITHOUT PUTTING A PICTURE UP AS TO WHERE YOU WERE STANDING. TIME ONE?

# 102 A:

TIME ONE. TIME ONE WAS STANDING IN THE DOORWAY OF THE CONDOMINIUM INSIDE --

# 103 Q:

OH, OKAY.

# 104 A:

-- THE HOUSE.

# 105 Q:

COULDN'T SEE ANY GLOVE FROM THERE, COULD YOU?

# 106 A:

I DON'T RECALL SEEING A GLOVE FROM THERE, SIR.

# 107 Q:

OKAY.

# 108 A:

TIME TWO WAS FROM JUST SOUTH OF THE WALKWAY WHERE THE FEMALE VICTIM WAS LYING. TIME THREE WAS FROM THE NORTH SIDE OUTSIDE THE FENCE AT THE RESIDENCE THAT IS IMMEDIATELY NORTH OF 875 SOUTH BUNDY.

# 109 Q:

DID YOU LOOK ANYWHERE ELSE ON ANY OTHER OCCASION?

# 110 A:

YES, SIR.

# 111 Q:

WHERE?

# 112 A:

I LOOKED ON SIDEWALKS, I LOOKED IN THE STREET, I LOOKED ON THE LAWN, AND AS I WALKED, I LOOKED TO MAKE SURE YOU DON'T STEP ON ANYTHING OR DISTURB ANYTHING.

# 113 Q:

SURE.

# 114 A:

THAT SORT OF THING, YES, SIR.

# 115 Q:

ALL RIGHT. NOW, BACK TO MY ORIGINAL QUESTION. DID YOU EVER ASK IF ANOTHER GLOVE HAD BEEN SEEN OR DIRECT ANYONE TO LOOK FOR ONE?

# 116 A:

I DON'T RECALL MAKING THAT SPECIFIC REQUEST, SIR.

# 117 Q:

YOU NEVER WROTE A REPORT OF ANY OF THESE MATTERS, DID YOU, LIEUTENANT?

# 118 A:

NO, SIR, I HAVE NEVER WRITTEN A REPORT ON ANY OF THESE MATTERS.

# 119 Q:

SO YOU ARE NOW -- I TAKE IT YOU HAVE NEVER TESTIFIED ABOUT THIS MATTER, HAVE YOU, BEFORE?

# 120 A:

NO, SIR, I HAVE NEVER TESTIFIED IN THIS MATTER.

# 121 Q:

SO YOU ARE RELYING TOTALLY ON YOUR MEMORY AT THE MOMENT OR YOUR MEMORY AND THE REPORTS OF OTHERS?

# 122 A:

INDEPENDENT RECOLLECTION AND RECALL, SIR.

# 123 Q:

OKAY. MY UNDERSTANDING IS THAT YOU RETURNED FROM THE THIRD VIEWING OF THE CRIME SCENE WITH DETECTIVE FUHRMAN --

# 124 A:

NO, SIR. I RETURNED FROM THE THIRD VIEWING OF THE CRIME SCENE WITH DETECTIVE PHILLIPS TO SOUTH BUNDY.

# 125 Q:

FOURTH THEN?

# 126 A:

WHEN DETECTIVE FUHRMAN AND I WENT UP THERE, THAT WOULD HAVE BEEN A FOURTH TIME; THAT'S CORRECT, SIR.

# 127 Q:

A FOURTH TIME?

# 128 A:

YES, SIR.

# 129 Q:

OKAY. YOU RETURNED AT ABOUT THREE O'CLOCK?

# 130 A:

ABOUT 3:05 I WOULD THINK.

# 131 Q:

ALL RIGHT. TELL THE JURY, IF YOU CAN, EVERYTHING YOU DID FOR THE NEXT TWO HOURS.

# 132 A:

FOR THE NEXT TWO HOURS AFTER VIEWING THE CRIME SCENE WITH DETECTIVE FUHRMAN?

# 133 Q:

YES.

# 134 MS. CLARK:

OBJECTION, YOUR HONOR, BEYOND THE SCOPE.

# 135 THE COURT:

OVERRULED. DO YOU WANT TO LOOK AT -- WHY DON'T YOU REVIEW ITEM 4. MR. BAILEY. LIEUTENANT, YOU CAN ANSWER THE QUESTION.

# 136 LT. FRANK SPANGLER:

I STOOD ON THE EAST SIDE OF BUNDY JUST NORTH OF DOROTHY AND THE ONLY TIME THAT I LEFT THAT POSITION WAS WHEN I WALKED OVER TO LOOK AT THE DOG.

# 137 Q:

BY MR. BAILEY: SORRY, I DIDN'T CATCH THE LAST --

# 138 A:

THE ONLY TIME I LEFT MY POSITION -- WHAT WE WERE DOING IS WE WERE WAITING FOR ROBBERY/HOMICIDE TO ARRIVE AND I WALKED OVER AND LOOKED AT THE DOG. THAT WAS ABOUT IT.

# 139 Q:

LOOKED AT THE DOG?

# 140 A:

YES, SIR.

# 141 Q:

OKAY. THIS IS THE AKITA?

# 142 A:

I DON'T KNOW THE BRAND, BUT -- OR THE BREED, EXCUSE ME, BUT IT WAS -- IT WAS A PRETTY GOOD SIZED DOG, YES, SIR.

# 143 Q:

DID THE DOG HAVE A LEASH ON IT WHEN YOU SAW IT?

# 144 A:

I SEEM TO RECALL IT WAS A ROPE.

# 145 Q:

A ROPE?

# 146 A:

IT LOOKED MORE LIKE A ROPE TO ME THAN A LEASH, YES, SIR.

# 147 Q:

AROUND HIS NECK, DRAGGING?

# 148 A:

NO. I BELIEVE HE WAS TIED TO SOMETHING, A STREET POLE OR A TREE.

# 149 Q:

THE DOG WAS TETHERED THE ONLY TIME YOU SAW HIM?

# 150 A:

YES, SIR.

# 151 Q:

ABOUT WHAT TIME WAS THAT?

# 152 A:

ABOUT 3:15.

# 153 Q:

NOW, OTHER THAN THAT ONE EXCURSION TO SEE THE DOG, DID YOU REMAIN AT THE POSITION YOU SHOWED US IN THE PRIOR PHOTOGRAPH, THE INTERSECTION OF BUNDY AND DOROTHY, FROM 3:00 UNTIL THE DETECTIVES LEFT AT 5:00?

# 154 A:

YES, SIR.

# 155 Q:

OKAY. AND WERE YOU STILL THERE AFTER THEY LEFT?

# 156 A:

YES, SIR.

# 157 Q:

DO YOU RECALL THEM LEAVING?

# 158 A:

YES, SIR.

# 159 Q:

ALL RIGHT. WHEN YOU SAW DETECTIVE FUHRMAN THAT NIGHT, WAS HE WEARING A COAT AT ANY TIME?

# 160 A:

YES, SIR.

# 161 Q:

AND WHEN WAS THAT?

# 162 A:

WHEN I FIRST ARRIVED.

# 163 Q:

AND DID YOU SEE HIM LATER WITHOUT A COAT?

# 164 A:

YES, I DID.

# 165 Q:

WHEN WAS THAT?

# 166 A:

JUST SHORTLY AFTER THREE O'CLOCK. HE HAD IT OFF BY THE TIME HE AND I WALKED UP TO THE FRONT -- TO THE NORTH SIDE OF THE BODIES.

# 167 Q:

OKAY. WHEN YOU WERE WITH DETECTIVE FUHRMAN YOU SAW HIM SHINE THE LIGHT, A REPLICA OF WHICH IS BEFORE YOU?

# 168 A:

YES, SIR.

# 169 Q:

ON THE BODY OF RON GOLDMAN?

# 170 A:

YES, I DID.

# 171 Q:

YOU DID SEE HIM POKE AROUND OR SHINE IT ANYWHERE ELSE OR MAKE ANY OTHER INVESTIGATION IN YOUR PRESENCE?

# 172 A:

NO, SIR.

# 173 Q:

OKAY. SO THAT AS I UNDERSTAND IT, YOU WALKED UP, SHINED THE LIGHT ON THE BODY WHERE YOU DIRECTED HIM TO LOOK AND CAME OUT?

# 174 A:

YES, SIR.

# 175 Q:

HE HAS SAID FIVE SECONDS. WOULD THAT SOUND RIGHT TO YOU?

# 176 A:

YES, SIR.

# 177 Q:

OKAY. AND THAT IS WHEN HE SAID TO YOU "I DON'T THINK IT IS A GUNSHOT WOUND, I THINK IT IS A CUT"?

# 178 MS. CLARK:

OBJECTION, OBJECTION.

# 179 THE COURT:

WHAT IS THE GROUNDS?

# 180 MS. CLARK:

MISSTATES THE TESTIMONY, YOUR HONOR.

# 181 THE COURT:

OVERRULED.

# 182 Q:

BY MR. BAILEY: I'M SORRY. DID I MISQUOTE YOU? I UNDERSTOOD THAT DETECTIVE FUHRMAN HAD DISAGREED WITH YOUR ANALYSIS AND SUBSTITUTED HIS OWN?

# 183 A:

WELL, HE --

# 184 Q:

HOW DID HE PUT IT?

# 185 A:

WELL, SORT OF POLITELY THAT HE POINTED OUT TO ME THAT THAT WAS ONE OF THE REASONS AND THEY WERE THE HOMICIDE INVESTIGATORS, BECAUSE IT DIDN'T LOOK LIKE A GUNSHOT WOUND TO HIM.

KEY QUOTE

# 186 Q:

WAS HE SUGGESTING YOU HAD BEEN BENCHED?

# 187 A:

WELL, HE WAS JUST SUGGESTING THAT HE HAD A DIFFERENT OPINION, I THINK.

# 188 Q:

DETECTIVE FUHRMAN WAS NEVER BASHFUL ABOUT EXPRESSING HIS OPINIONS, WAS HE?

# 189 A:

NO, SIR.

# 190 Q:

NOW, CAN YOU TELL US FROM 3:00 TO 5:00 A.M. WHERE DETECTIVE FUHRMAN WAS?

# 191 A:

UNTIL I BELIEVE IT WAS DETECTIVE LANGE OR VANNATTER, AND I DON'T RECALL WHICH ONE, ARRIVED, HE WAS WITH ME.

# 192 Q:

HOW LONG WAS THAT?

# 193 A:

THAT WAS FROM THE TIME THAT DETECTIVE PHILLIPS BROUGHT THEM BACK AROUND FROM THE BACK OF THE BUILDING UNTIL, GOSH, ALMOST 4:00 IN THE MORNING, SIR.

# 194 Q:

OKAY.

# 195 A:

AND FROM THAT POINT DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN WERE TALKING TO ONE OR BOTH OF THE HOMICIDE INVESTIGATORS AND I BELIEVE LIEUTENANT ROGERS HAD ARRIVED AND THEY WERE TALKING TO LIEUTENANT ROGERS AND WERE BEING -- WERE WALKING AROUND THE VICINITY WITH THEM SHOWING THEM VARIOUS THINGS THAT THEY HAD SEEN EARLIER.

# 196 Q:

WAS THERE ANY TALK DURING THAT PERIOD ABOUT POSSIBLE SUSPECTS, LIEUTENANT?

# 197 A:

YES.

# 198 Q:

WAS MR. SIMPSON'S NAME MENTIONED?

# 199 A:

NO.

# 200 Q:

OKAY. WAS THERE A SUGGESTION OF SOME OTHER SUSPECTS?

# 201 A:

EXCUSE ME, SIR. LET ME CLARIFY IF I MAY.

# 202 Q:

YES. WHEN YOU SAY WAS HIS NAME MENTIONED --

# 203 Q:

YES, AS A SUSPECT?

# 204 A:

THAT WAS MY ANSWER THEN.

# 205 Q:

IT WAS PRETTY MUCH UNDERSTOOD THAT THE DECEDENT WAS NICOLE BROWN SIMPSON, HIS FORMER WIFE, WAS IT NOT?

# 206 A:

THERE WAS SOME DOUBT WHEN I ARRIVED AND PART OF THE PROCESS OF MY WALKING THROUGH AND SEEING AND DISCUSSING WITH DETECTIVE PHILLIPS AND SERGEANT ROSSI WAS TO MAKE THAT DETERMINATION BECAUSE IT WAS GOING TO BE MY DECISION WHETHER OR NOT WE HANDLE IT OR DETECTIVE -- ROBBERY/HOMICIDE DIVISION HANDLED IT AND I WANTED TO SATISFY MYSELF. BUT THERE WAS A PERIOD OF TIME, APPROXIMATELY 3:45, 3:50 IN THE MORNING I BECAME CONVINCED THAT IT WAS ALMOST CERTAINLY HER.

# 207 Q:

DO YOU MEAN 2:45 OR 2:50?

# 208 A:

I MEAN THAT I WAS BECOMING MORE CONVINCED. THE MORE I SAW, THE MORE CONVINCED I BECAME.

# 209 Q:

YOU JUST SAID 3:45 TO 3:50.

# 210 A:

I'M SORRY, I MISSPOKE. I MEANT 2:00 SIR.

# 211 Q:

I THOUGHT SO. OKAY. SO THERE WASN'T ANY QUESTION BANDIED ABOUT AFTER THAT POINT ABOUT THE IDENTITY OF THE FEMALE VICTIM, WAS THERE?

# 212 A:

I DON'T RECALL ANY DISCUSSION.

# 213 Q:

YOU WOULD HARDLY PERMIT DETECTIVES TO GO NOTIFY MR. O.J. SIMPSON THAT HIS WIFE HAD BEEN MURDERED UNLESS YOU WERE SURE THAT THAT WAS TRUE; ISN'T THAT SO?

# 214 A:

THAT IS A FAIR ASSESSMENT, YES, SIR.

# 215 Q:

HAD YOU RECEIVED ANY SPECIAL INSTRUCTIONS AS TO HOW MR. SIMPSON SHOULD BE NOTIFIED IN THIS CASE?

# 216 A:

YES, SIR.

# 217 Q:

AND FROM WHOM?

# 218 A:

FROM DETECTIVE PHILLIPS.

# 219 Q:

HE TOLD YOU THAT SOMEONE ELSE HAD MADE A REQUEST OF HIM. DO YOU KNOW WHO THAT WAS?

# 220 A:

YES, SIR, THAT WAS COMMANDER BUSHEY.

# 221 Q:

WAS IT YOUR DECISION TO BRING IN ROBBERY/HOMICIDE ALONE OR HAD YOU BEEN INSTRUCTED TO DO THAT IF IT TURNED OUT THAT THE VICTIM WAS MRS. SIMPSON?

# 222 A:

I WILL HAVE TO EXPLAIN THAT TO YOU, BUT IT WAS MY DECISION. THE CHIEF MADE A RECOMMENDATION, BUT I'M THE COMMANDING OFFICER ON THE SCENE AND IT IS MY RESPONSIBILITY TO MAKE THE DECISION, AND IT WAS MY DECISION.

# 223 Q:

HIS RECOMMENDATION HOWEVER PRECEDED YOUR DECISION, DID IT NOT?

# 224 A:

YES, IT DID, SIR.

# 225 Q:

AND WAS IDENTICAL WITH YOUR DECISION, WAS IT NOT?

# 226 A:

I AM VERY GRATEFUL TO HIM FOR HAVING SUGGESTED THAT TO ME, YES, SIR.

KEY QUOTE

# 227 Q:

IN RETROSPECT?

# 228 A:

YES, SIR.

# 229 Q:

DID YOU, WHEN YOU WALKED THROUGH THE HOUSE, NOTICE A LIST OF PHONE NUMBERS, INCLUDING MR. SIMPSON'S?

# 230 A:

NO, SIR.

# 231 Q:

DID YOU NOTICE A TELEPHONE WITH A DIALER ON IT THAT SAID "DADDY"?

# 232 A:

NO, SIR.

# 233 Q:

DID YOU KNOW THAT TWO CHILDREN HAD BEEN TAKEN OUT OF THE HOUSE?

# 234 A:

I WAS INFORMED, YES, SIR.

# 235 Q:

AND DID YOU KNOW THAT MR. SIMPSON AND MRS. SIMPSON HAD TWO CHILDREN. HAD YOU KNOWN THAT?

# 236 A:

NO, I DID NOT KNOW THAT.

# 237 Q:

ALL RIGHT. WAS THERE ANY TALK IN YOUR PRESENCE BY ANY OF THE DETECTIVES ABOUT ANY DIFFICULTIES MR. SIMPSON MIGHT HAVE HAD IN 1985 OR 1989?

# 238 A:

NOT IN MY PRESENCE, SIR.

# 239 Q:

DID DETECTIVE FUHRMAN EVER DISCUSS THAT SUBJECT WITH YOU?

# 240 A:

HE NEVER DID, SIR.

# 241 Q:

WHEN YOU TALKED TO DETECTIVE FUHRMAN AND THEN WALKED WITH HIM UP TO THE NORTH SIDE, AS WE CALL IT, OF THE ENCLOSED AREA THAT HAS BEEN DESCRIBED AS THE CRIME SCENE, DID HE TELL YOU THAT HE HAD BEEN THERE BEFORE?

# 242 A:

NO, SIR.

# 243 Q:

ALL RIGHT. DID HE MENTION ANYTHING AT ALL?

# 244 A:

NO, SIR.

# 245 Q:

ALL RIGHT. DO YOU RECALL, LIEUTENANT, THAT THERE IS AN AREA OF HEAVY FOLIAGE IMMEDIATELY OUTSIDE THE CRIME SCENE?

# 246 A:

YES, SIR.

# 247 Q:

DID YOU PERSONALLY CARRY A FLASHLIGHT WITH YOU?

# 248 A:

YES, SIR.

# 249 Q:

DID YOU GO THROUGH THAT AREA?

# 250 A:

WHEN YOU -- WHAT DO YOU MEAN "GO THROUGH IT"? DID I WALK THROUGH IT?

# 251 Q:

THE FOLIAGE?

# 252 A:

DID I WALK THROUGH IT?

# 253 Q:

OR SEARCH THROUGH IT?

# 254 A:

YES. SHINE THE LIGHT AND LOOK THROUGH, YES, SIR.

# 255 Q:

WHEN DID YOU DO THAT?

# 256 A:

WHEN I HAD WALKED UP WITH DETECTIVE PHILLIPS.

# 257 Q:

ALL RIGHT. TELL ME EXACTLY WHERE IT WAS THAT YOU SHINED YOUR LIGHT.

# 258 A:

BOTH TO THE SOUTH OF THE SIDEWALK AND TO THE NORTH OF THE SIDEWALK FROM THE CURB GOING WEST ALL THE WAY UP TO THE FENCE AND THEN WHEN WE WALKED AROUND INSIDE THE AREA, I TRIED TO SHINE IT ALL OVER THE AREA AS BEST I COULD.

# 259 Q:

DID YOU LEAVE THE SIDEWALK AS YOU WALKED BY THE EAST BOUNDARY OF THE FENCE OR SIMPLY LOOK FROM THE SIDEWALK WITH YOUR FLASHLIGHT?

# 260 A:

I STAYED ON THE SIDEWALK.

# 261 Q:

OKAY.

# 262 A:

UMM, THE PATHWAY THAT RUNS FROM THE EAST TO THE WEST IS WHAT I'M REFERRING TO AS A SIDEWALK NOW, NOT THE PUBLIC SIDEWALK. IS THAT WHAT YOU ARE TALKING ABOUT?

# 263 Q:

I'M TALKING ABOUT BOTH.

# 264 A:

OKAY. AND IN FACT I DID LOOK AT BOTH WITH A FLASHLIGHT, YES, SIR.

# 265 Q:

OKAY. BUT YOU STAYED ON THE CONCRETE, I THINK THAT IS THE EASIEST WAY TO FRAME IT?

# 266 A:

YES, SIR.

# 267 THE COURT:

BOTH OF YOU, LET HIM FINISH ASKING THE QUESTION BEFORE YOU START ANSWERING, LIEUTENANT.

# 268 LT. FRANK SPANGLER:

YES, YOUR HONOR.

# 269 THE COURT:

MR. BAILEY, PLEASE LET HIM FINISH HIS ANSWER.

# 270 MR. BAILEY:

I APOLOGIZE, YOUR HONOR. I'M AFRAID THE WITNESS AND I MAY SHARE A COMMON LINEAGE AS A MARINE.

# 271 LT. FRANK SPANGLER:

U.S. ARMY, SIR. COMMAND SERGEANT MAJOR, U.S. ARMY, SIR.

# 272 MR. BAILEY:

U.S. ARMY. PARDON ME. MR. DARDEN APPARENTLY DOESN'T KNOW HIS UNIFORMS BECAUSE HE TOLD ME YOU WERE A MARINE.

# 273 Q:

WHEN WAS THE FIRST TIME, LIEUTENANT SPANGLER, THAT YOU RECITED FOR ANYONE'S BENEFIT YOUR TWO TRIPS UP TO LOOK AT GOLDMAN'S WOUND? DO YOU REMEMBER THE FIRST TIME YOU TALKED ABOUT THAT?

# 274 A:

YESTERDAY.

# 275 MR. BAILEY:

THANK YOU.

Temperature

tense

Key Quotes (4)

Frank Spangler

WELL, SORT OF POLITELY THAT HE POINTED OUT TO ME THAT THAT WAS ONE OF THE REASONS AND THEY WERE THE HOMICIDE INVESTIGATORS, BECAUSE IT DIDN'T LOOK LIKE A GUNSHOT WOUND TO HIM.

Spangler describes Fuhrman politely correcting his gunshot wound theory — yet Fuhrman's own notes say 'GSW,' a discrepancy Bailey is building toward.

Frank Spangler

YESTERDAY.

In response to Bailey asking when Spangler first recounted his account of two trips to view Goldman's wound — devastating one-word answer establishing that this key testimony was never documented or previously shared.

Frank Spangler

I AM VERY GRATEFUL TO HIM FOR HAVING SUGGESTED THAT TO ME, YES, SIR.

Spangler admits the Chief's recommendation to bring in Robbery/Homicide preceded and was identical to his own 'independent' decision — undermining the claim it was purely his call.

F. Lee Bailey

I'M AFRAID THE WITNESS AND I MAY SHARE A COMMON LINEAGE AS A MARINE.

Setup for the light moment; Bailey had been misinformed by Darden about Spangler's military branch.

Evidence (3)

Informal

Single glove found at the Bundy crime scene

discussed — Spangler searched for a second glove from multiple angles and never found one

Informal

Fuhrman's field notes containing 'GSW' (gunshot wound) notation

discussed — Bailey highlights contradiction that notes say GSW but Fuhrman told Spangler it looked like a cut

Informal

Flashlight (replica of the one Fuhrman used at the crime scene)

referenced — Spangler confirms seeing Fuhrman shine it on Goldman's body

Notable Exchanges (4)

F. Lee Bailey•Frank Spangler

Bailey methodically establishes that Spangler never wrote a report, never testified before, and only first recounted his two-trip account to Goldman's body the day prior — leaving his testimony resting entirely on unaided memory.

strategic

F. Lee Bailey•Frank Spangler

Bailey pins down the contradiction: Fuhrman's notes say 'GSW' but Fuhrman verbally told Spangler it looked like a cut, not a gunshot wound. Spangler says he never saw the notes.

revealing

F. Lee Bailey•Frank Spangler

Exchange about the Chief's recommendation to bring in Robbery/Homicide — Bailey forces Spangler to admit the recommendation preceded and was identical to his ostensibly independent command decision.

strategic

F. Lee Bailey•Frank Spangler

Bailey asks whether Fuhrman told Spangler he had been to the north side of the crime scene before when they walked up together — Spangler says no. Sets up questions about what Fuhrman was doing in the house during that interval.

strategic

Light Moments (3)

F. Lee Bailey / Frank Spangler

Bailey apologized for interrupting, claiming he and the witness 'may share a common lineage as a Marine.' Spangler fired back: 'U.S. ARMY, SIR. COMMAND SERGEANT MAJOR, U.S. ARMY, SIR.' Bailey then blamed Darden for the mix-up: 'MR. DARDEN APPARENTLY DOESN'T KNOW HIS UNIFORMS BECAUSE HE TOLD ME YOU WERE A MARINE.'

Frank Spangler

When asked what he did for two hours after viewing the crime scene, Spangler said the only time he left his position was to look at the dog — prompting Bailey's bemused 'Looked at the dog?'

Frank Spangler

Spangler admitted he didn't know the 'brand' of dog, then corrected himself: 'or the breed, excuse me.'

Credibility Attacks (3)

⚔ Frank Spangler

lack of documentation / fresh fabrication

Bailey established that Spangler wrote no report, never testified before, and only first articulated his account of two separate trips to view Goldman's wound the day before — making the entire testimony dependent on unverified memory.

⚔ Mark Fuhrman

prior inconsistent statement

Bailey highlights that Fuhrman's own notes say 'GSW' (gunshot wound) but Fuhrman verbally told Spangler the wound looked like a cut — suggesting Fuhrman's notes were written before he actually examined the wound, or were inaccurate.

⚔ Frank Spangler

undermining independent judgment

Bailey got Spangler to admit that the Chief's recommendation to call in Robbery/Homicide preceded and was identical to his supposedly independent command decision.

Witness Demeanor

Formal, respectful, consistently addressed Bailey as 'sir'

Corrected himself several times on timing (said 3:45-3:50 when he meant 2:45-2:50; later said '2:00' when context made clear he meant AM)

Pushed back calmly when Bailey mischaracterized the sequence of events

Judge admonished both Bailey and Spangler for interrupting each other

Objections

3 objections (0 sustained, 3 overruled)

Proceeding 5305 • 275 utterances • Prosecution witness

Criminal Trial

Department 103