Direct examination of Frank Spangler

📄 Direct examination of Frank Spangler — Thursday, March 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\16\DIRECT-EXAMINATION-OF-FRANK-SP.DOC

TRIAL

▲ Day 39 of 167

◀ Witness excused Cross-examination of Frank Spangler ▶

Witness: Lt. Frank Spangler
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, March 16, 1995 • Utterances: 162

LAPD Lieutenant Frank Spangler testified about his early-morning observations at the Bundy crime scene on June 13, 1994. He described seeing what he believed was a gunshot wound on Ron Goldman's back, then bringing Detective Fuhrman to look at it — after which Fuhrman concluded it looked more like a cut. Critically, Spangler testified that Fuhrman carried only a pen light flashlight, never left his sight, and never re-entered the crime scene after that single observation.

# 1 MS. CLARK:

THANK YOU. THE PEOPLE CALL LIEUTENANT SPANGLER.

# 2 (BRIEF PAUSE.)

# 3 MR. DARDEN:

I WILL HAVE TO CALL FOR HIM, YOUR HONOR.

# 4 THE COURT:

PLEASE DO.

# 5 (BRIEF PAUSE.)

# 6 THE COURT:

ON THE WAY, MR. DARDEN?

# 7 MR. DARDEN:

YES, YOUR HONOR.

# 8 THE COURT:

THANK YOU.

# 9 (BRIEF PAUSE.)

# 10 THE COURT:

THERE IS A CAMERA THAT IS ABOUT TO GO OUT OF THE COURTROOM.

# 11 (BRIEF PAUSE.)

# 12 THE COURT:

ALL RIGHT. MISS CLARK.

# 13 MS. CLARK:

THANK YOU, YOUR HONOR.

FRANK SPANGLER, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 14 THE CLERK:

PLEASE RAISE YOUR RIGHT HAND. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

# 15 LT. FRANK SPANGLER:

I DO.

# 16 THE CLERK:

PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 17 LT. FRANK SPANGLER:

MY FIRST NAME IS FRANK. MY LAST NAME IS SPANGLER. THAT IS S-P-A-N-G-L-E-R.

# 18 THE CLERK:

THANK YOU.

# 19 THE COURT:

MISS CLARK.

# 20 MS. CLARK:

THANK YOU, YOUR HONOR.

# 21

DIRECT EXAMINATION

# 22

BY MS. CLARK:

# 23 Q:

SIR, CAN YOU PLEASE TELL US WHAT YOU DO FOR A LIVING.

# 24 A:

I'M THE COMMANDING OFFICER OF WEST LOS ANGELES DETECTIVE DIVISION. I'M A LIEUTENANT OF POLICE FOR THE LOS ANGELES POLICE DEPARTMENT.

# 25 Q:

AND WERE YOU SO EMPLOYED ON THE DATE OF JUNE THE 13TH, 1994?

# 26 A:

YES, I WAS.

# 27 Q:

AND DID YOU RESPOND TO THE SCENE AT 875 SOUTH BUNDY ON THAT DATE, SIR?

# 28 A:

YES, I DID.

# 29 Q:

AT SOME POINT BETWEEN 2:30 AND 3:00 A.M. DO YOU RECALL GOING TO AN AREA OF THE CRIME SCENE WHERE YOU WERE ABLE TO LOOK THROUGH A FENCE AND AT THE BODY OF RON GOLDMAN AND NICOLE BROWN?

# 30 A:

YES, I DO.

# 31 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 32 MR. FAIRTLOUGH:

YOUR HONOR, COULD YOU PLEASE CUT THE FEED. THIS IS PEOPLE'S EXHIBIT NO. 46.

# 33 MS. CLARK:

I'M GOING TO ASK YOU TO LOOK AT YOUR MONITOR, SIR.

# 34 (WITNESS COMPLIES.)

# 35 Q:

BY MS. CLARK: DO YOU RECOGNIZE THE LOCATION SHOWN IN THIS PHOTOGRAPH, SIR?

# 36 A:

YES, MA'AM.

# 37 Q:

AND WHAT IS THE LOCATION?

# 38 A:

THE LOCATION IS 875 SOUTH BUNDY.

# 39 Q:

DO YOU SEE THE AREA THAT I INDICATED EARLIER, A WALKWAY ALONG THE NORTH SIDE OF THE FENCE OF 875 SOUTH BUNDY WHERE YOU WALKED?

# 40 A:

YES, I DO.

# 41 Q:

CAN YOU PLEASE DIRECT --

# 42 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 43 Q:

BY MS. CLARK: I'M GOING TO ASK YOU TO WATCH THE ARROW, DIRECT THE ARROW TO THE LOCATION WHERE YOU WALKED.

# 44 A:

HOW DO I DO THAT?

# 45 Q:

ALONG THE NORTH SIDE. YOU ARE GOING TO SEE IT IN A MINUTE.

# 46 A:

OKAY. DID YOU WANT ME TO --

# 47 Q:

TELL THE ARROW WHERE TO GO.

# 48 A:

MOVE IT TO THE WEST -- NO, THAT IS NORTH. THAT IS SOUTH. VERTICALLY ON THE SCREEN.

# 49 Q:

THERE WE GO.

# 50 A:

THAT WOULD BE THE GENERAL AREA UP IN THERE, IN THE SHADOW OF WHERE THAT TREE IS.

# 51 Q:

ALL RIGHT. THANK YOU.

# 52 A:

THERE IS A CONCRETE WALKWAY UP IN THERE.

# 53 MS. CLARK:

CAN YOU PLEASE MARK THAT AND THE INITIALS. ASK THAT THIS BE MARKED PEOPLE'S -- WE HAVE SO MANY LETTERS AFTER THE NUMBERS, I HAVE TO CATCH UP.

# 54 MS. CLARK:

46-B.

# 55 THE COURT:

ALL RIGHT. 46-B.

# 56 (PEO'S 46-B FOR ID = PHOTOGRAPH)

# 57 MS. CLARK:

WE ARE PRINTING.

# 58 MR. FAIRTLOUGH:

YOUR HONOR, THIS IS PEOPLE'S EXHIBIT NO. 43-E. THE FEED WILL NEED TO REMAIN CUT.

# 59 Q:

BY MS. CLARK: SHOWING YOU THIS PHOTOGRAPH, SIR CAN YOU PLEASE LOOK AT YOUR MONITOR. CAN YOU TELL US IF YOU RECOGNIZE THE LOCATION YOU HAVE DESCRIBED TO US IN THIS PHOTOGRAPH?

# 60 A:

YES, I DO.

# 61 Q:

THE FENCE THAT IS SHOWN BEHIND THE BODY OF RON GOLDMAN, CAN YOU TELL US WHETHER OR NOT THAT IS THE FENCE THAT YOU WALKED UP AND LOOKED THROUGH BEHIND WHICH THERE IS THAT CONCRETE WALKWAY YOU INDICATED?

# 62 A:

YES, MA'AM.

# 63 Q:

AND DO YOU KNOW WHERE YOU STOOD IN RELATIONSHIP TO THE BODY OF RON GOLDMAN?

# 64 A:

I WOULD HAVE BEEN ON THE NORTH SIDE OF THE FENCE LOOKING THROUGH THE FENCE AND ABOUT PARALLEL WITH WHERE HIS PANT'S LINE WOULD BE ON HIS BACK.

# 65 Q:

AND WHEN YOU MADE THIS OBSERVATION, SIR, WHO WERE YOU WITH?

# 66 A:

INITIALLY DETECTIVE PHILLIPS.

# 67 Q:

RON PHILLIPS?

# 68 A:

YES, MA'AM.

# 69 Q:

AND DID SOMETHING DRAW YOUR ATTENTION, IN PARTICULAR, AS YOU LOOKED AT THE BODY OF RON GOLDMAN FROM THE OTHER SIDE OF THE FENCE, THE NORTH SIDE OF THAT FENCE?

# 70 A:

YES, MA'AM.

# 71 Q:

AND WHAT WAS THAT?

# 72 A:

I COULD SEE AN INJURY ON HIS LOWER BACK, APPEARED TO BE ON THE LEFT SIDE THE WAY HE WAS LAYING.

# 73 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 74 Q:

BY MS. CLARK: OKAY. I'M GOING TO ASK YOU AGAIN TO TRY AND DIRECT THE ARROW TO THE FENCE THAT WE ARE TALKING ABOUT BEHIND WHICH YOU STOOD.

# 75 A:

TAKE IT UP TO THE FENCE ITSELF. YOU SEE THAT DARK BAND BEHIND THE FENCE? ABOUT IN THERE, (INDICATING). NOW, I STOOD FURTHER DOWN TO WHERE IT LOOKS LIKE THERE MIGHT BE A TREE TRUNK DOWN IN THAT AREA, ABOUT RIGHT IN THERE, (INDICATING).

# 76 MS. CLARK:

ALL RIGHT. IF WE COULD MARK THAT. OKAY.

# 77 Q:

YOU WOULD HAVE BEEN ON THE OTHER SIDE OF THAT FENCE, SIR?

# 78 A:

YES, MA'AM.

# 79 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 80 MS. CLARK:

PEOPLE'S 43-E SUB 1.

# 81 THE COURT:

SO MARKED.

(PEO'S 43-E(1) FOR ID = PHOTOGRAPH) MS. CLARK: NEVER MIND.

# 82 THE COURT:

NEVER MIND.

# 83 MS. CLARK:

WE CAN'T MAKE IT 43-F BECAUSE 43-F IS ANOTHER PHOTOGRAPH.

# 84 THE COURT:

ALL RIGHT. E SUB (1).

# 85 MS. CLARK:

SUB (1).

# 86 THE COURT:

BUT THEY WILL BE PROVIDED TO THE JURY IN ORDER?

# 87 MS. CLARK:

YES.

# 88 THE COURT:

ALL RIGHT.

# 89 Q:

BY MS. CLARK: AFTER YOU EXAMINED -- AFTER YOU MADE THAT OBSERVATION, SIR, FROM THAT LOCATION WITH DETECTIVE PHILLIPS, WHAT DID YOU DO NEXT?

# 90 A:

I WALKED BACK OUT INTO THE STREET ON BUNDY, WALKED OVER TO WHAT WOULD BE THE EAST CURB, DOWN NEAR DOROTHY, AND I HAD A CONVERSATION WITH DETECTIVE PHILLIPS.

# 91 Q:

NOW, THE WOUND THAT YOU SAW ON THE BODY OF RON GOLDMAN, SIR, DID YOU FORM SOME OPINION AS TO THE NATURE OF THAT WOUND?

# 92 A:

YES, MA'AM.

# 93 Q:

AND WHAT WAS THAT?

# 94 A:

IT LOOKED LIKE IT MIGHT HAVE BEEN A GUNSHOT WOUND TO ME.

KEY QUOTE

# 95 Q:

NOW, YOU WERE TALKING ONLY ABOUT THE WOUND ON THE BACK; IS THAT IT?

# 96

A: YES, MA'AM. (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 97 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 51.

# 98 Q:

BY MS. CLARK: ALL RIGHT. SIR. DO YOU RECOGNIZE THE INTERSECTION SHOWN ON THIS PHOTOGRAPH?

# 99 A:

YES, MA'AM.

# 100 Q:

AND WHAT IS IT?

# 101 A:

DOROTHY AND BUNDY.

# 102 Q:

OKAY. CAN YOU TELL US WHICH STREET IS BUNDY?

# 103 A:

YOU SEE THE SIGN WITH THE CURVING -- THE STREET SIGN WITH THE CURVE ON IT?

# 104 Q:

YES.

# 105 A:

THAT STREET WOULD BE BUNDY AND DOROTHY WOULD BE THE STREET THAT THE BLUE CAR IS SORT OF TURNED AROUND ON THERE.

# 106 Q:

OKAY. SO YOU INDICATED THAT YOU WALKED BACK OUT FROM THAT NORTH GATE AREA WITH DETECTIVE PHILLIPS AND YOU WENT TO THE EAST SIDE OF BUNDY. WOULD THAT BE THE SIDE OF BUNDY INDICATED BY THAT YELLOW SIGN WITH THE CURVING ARROW?

# 107 A:

YES, MA'AM.

# 108 Q:

YOU SPOKE TO DETECTIVE PHILLIPS FOR A WHILE?

# 109 A:

YES, I DID.

# 110 Q:

AT SOME POINT DID YOU SEE DETECTIVE FUHRMAN?

# 111 A:

YES, I DID.

# 112 Q:

AND DID HE COME OVER TO YOU?

# 113 A:

YES.

# 114 Q:

DID YOU HAVE A CONVERSATION WITH HIM?

# 115 A:

YES, I DID.

# 116 Q:

AND AFTER YOU HAD THAT CONVERSATION WITH -- WELL, WHAT DID YOU SHARE WITH HIM? WHAT INFORMATION?

# 117 A:

I HAD DISCUSSED THE INJURY THAT I HAD SEEN TO THE MALE'S -- THE MALE VICTIM'S BODY AND INDICATED THAT, IN MY OPINION, IT COULD POSSIBLY BE A GUNSHOT WOUND.

# 118 Q:

OKAY. JUST THE ONE THAT YOU SAW ON THE BACK?

# 119 A:

YES. AND --

# 120 Q:

I'M SORRY.

# 121 A:

THEN I ASKED HIM TO ACCOMPANY ME OVER TO LOOK AT IT.

# 122 Q:

SO WHAT HAPPENED NEXT?

# 123 A:

HE ACCOMPANIED ME OVER. WE WALKED BACK INTO THE PATHWAY THE EXACT SAME WAY THAT I HAD BEEN THERE EARLIER AND SHINED A LIGHT ON THE VICTIM AND DETECTIVE FUHRMAN LOOKED AT THE INJURY.

# 124 Q:

OKAY. DID YOU WALK ALL THE WAY BACK TO THE SAME POSITION YOU HAD BEEN IN EARLIER BEHIND THE NORTH GATE, THE NORTH FENCE, WITH DETECTIVE FUHRMAN?

# 125 A:

DETECTIVE FUHRMAN WAS IN FRONT OF ME, SO I WAS A FEW FEET FURTHER EAST THAN I WOULD HAVE BEEN THE FIRST TIME, BUT WE WERE THERE TOGETHER, YES, MA'AM.

# 126 Q:

OKAY. AND DID YOU SEE HIM WALK TO THE SAME LOCATION YOU HAD GONE TO?

# 127 A:

YES, MA'AM.

# 128 Q:

AND WHAT DID HE DO IN THAT LOCATION, SIR?

# 129 A:

HE SHINED HIS LIGHT ONTO THE MALE VICTIM'S BACK AND -- ILLUMINATING THE AREA OF THE INJURY THAT HE OBSERVED, LOOKED AT IT FOR A FEW MOMENTS AND WALKED BACK WITH ME BACK OUT INTO THE STREET AT BUNDY AND EXPRESSED HIS OPINION THAT THAT DID NOT LOOK LIKE A GUNSHOT WOUND TO HIM, THAT IT LOOKED LIKE POSSIBLY A CUT.

KEY QUOTE

# 130 Q:

HE SAID POSSIBLY A CUT?

# 131 A:

YES.

# 132 Q:

OKAY. NOW, WERE YOU ABLE TO SEE HIS HAND AS HE WALKED TO THE NORTH GATE AREA WHERE YOU HAD PREVIOUSLY BEEN WITH DETECTIVE PHILLIPS AND WALKED BACK OUT?

# 133 A:

YES, I COULD.

# 134 Q:

WHAT WAS IN HIS HANDS, SIR?

# 135 A:

A FLASHLIGHT.

# 136 Q:

ANYTHING ELSE?

# 137 A:

NO, MA'AM.

# 138 Q:

DID HE LEAVE YOUR SIGHT AT ANY POINT WHEN HE WENT TO THE NORTH GATE AREA -- NORTH FENCE AREA, EXAMINED RON GOLDMAN AND CAME BACK TO YOU?

# 139 A:

NO, MA'AM.

# 140 Q:

AND AT THAT POINT, WHEN YOU BOTH CAME BACK OUT, WHERE DID YOU STAND?

# 141 A:

WE WALKED BACK OVER TO THE EAST CURB OF BUNDY JUST NORTH OF DOROTHY.

# 142 Q:

AT THAT POINT, SIR -- DO YOU RECALL WHAT KIND OF FLASHLIGHT DETECTIVE FUHRMAN HAD WITH HIM THAT NIGHT?

# 143 A:

YES, MA'AM.

# 144 Q:

WHAT KIND WAS IT?

# 145 A:

A BLACK PEN LIGHT.

# 146 MS. CLARK:

MAY I SEE --

# 147 THE COURT:

MRS. ROBERTSON.

# 148 (BRIEF PAUSE.)

# 149 Q:

BY MS. CLARK: SHOWING YOU WHAT HAS BEEN MARKED AS DEFENSE EXHIBIT 1055, DO YOU RECOGNIZE WHAT I'M SHOWING YOU, SIR?

# 150 A:

YES, MA'AM.

# 151 Q:

WHAT IS THAT?

# 152 A:

IT IS A MAG-LITE.

# 153 Q:

AND HOW DOES THAT COMPARE IN SIMILARITY TO THE FLASHLIGHT THAT WAS CARRIED BY DETECTIVE FUHRMAN ON THE NIGHT OR EARLY MORNING HOURS OF JUNE THE 13TH, 1994?

# 154 A:

IT LOOKS TO BE THE SAME TO ME.

# 155 Q:

AFTER THAT POINT, SIR, DID DETECTIVE FUHRMAN RE-ENTER THE CRIME SCENE?

# 156 A:

NO, MA'AM.

# 157 Q:

HOW DO YOU KNOW THAT?

# 158 A:

I STOOD ON THE EAST SIDE OF BUNDY JUST NORTH OF DOROTHY UNTIL THE ARRIVAL OF ROBBERY/HOMICIDE AND NO ONE WENT BACK INTO THAT CRIME SCENE.

KEY QUOTE

# 159 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

# 160 THE COURT:

PLEASE.

# 161 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 162 MS. CLARK:

I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (4)

Frank Spangler

IT LOOKED LIKE IT MIGHT HAVE BEEN A GUNSHOT WOUND TO ME.

Establishes why Spangler summoned Fuhrman — he wanted a second opinion on the nature of the wound, providing context for Fuhrman's early involvement at the scene.

Frank Spangler

HE SHINED HIS LIGHT ONTO THE MALE VICTIM'S BACK AND -- ILLUMINATING THE AREA OF THE INJURY THAT HE OBSERVED, LOOKED AT IT FOR A FEW MOMENTS AND WALKED BACK WITH ME BACK OUT INTO THE STREET AT BUNDY AND EXPRESSED HIS OPINION THAT THAT DID NOT LOOK LIKE A GUNSHOT WOUND TO HIM, THAT IT LOOKED LIKE POSSIBLY A CUT.

Accounts for Fuhrman's movements precisely and limits the scope of his access to the scene.

Frank Spangler

I STOOD ON THE EAST SIDE OF BUNDY JUST NORTH OF DOROTHY UNTIL THE ARRIVAL OF ROBBERY/HOMICIDE AND NO ONE WENT BACK INTO THAT CRIME SCENE.

Direct rebuttal of the defense's glove-planting theory — a senior officer testifying he monitored access to the scene and Fuhrman never returned.

Frank Spangler

A FLASHLIGHT. [ANYTHING ELSE?] NO, MA'AM.

Establishes Fuhrman had no object in hand that could have been the Rockingham glove during his visit to the north fence area.

Evidence (6)

People's 46

Photograph of 875 South Bundy showing the walkway along the north fence

displayed to witness for identification; annotated by witness with arrow indicating his position

People's 46-B

Witness-annotated version of People's 46 marking the walkway location

marked and admitted

People's 43-E

Photograph showing the fence behind Ron Goldman's body

displayed to witness; used to orient his position relative to Goldman's body

People's 43-E(1)

Witness-annotated version of People's 43-E marking Spangler's vantage point

marked and admitted

People's 51

Photograph of the Dorothy and Bundy intersection

used to establish where Spangler stood watch after the observation

Defense 1055

Mag-Lite flashlight

shown to witness; Spangler confirmed it appeared the same as the flashlight Fuhrman carried that night

Notable Exchanges (2)

Marcia Clark•Frank Spangler

Spangler struggled to operate the arrow pointer on the courtroom monitor to indicate his location, with Clark talking him through it in real time.

mildly awkward but cooperative

Marcia Clark•Frank Spangler

Clark methodically established that Fuhrman had only a flashlight in his hands, never left Spangler's sight, and never re-entered the scene — a clear prosecutorial effort to foreclose the glove-planting narrative.

strategic

Light Moments (2)

Frank Spangler

Spangler confused north and south while trying to direct the on-screen arrow: 'MOVE IT TO THE WEST -- NO, THAT IS NORTH. THAT IS SOUTH. VERTICALLY ON THE SCREEN.'

Marcia Clark

Clark lost track of exhibit numbering mid-examination: 'WE HAVE SO MANY LETTERS AFTER THE NUMBERS, I HAVE TO CATCH UP.'

Objections

None recorded

Proceeding 5304 • 162 utterances • Prosecution witness

Criminal Trial

Department 103