Redirect examination of Frank Spangler

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

Address:

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

TRIAL

▲ Day 39 of 167

◀ Cross-examination of Frank Spangler Recess ▶

Witness: Lt. Frank Spangler
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, March 16, 1995 • Utterances: 67

Marcia Clark used redirect to rehabilitate Lt. Spangler's testimony on three fronts: the routine use of flashlights at nighttime crime scenes, the sequence of Fuhrman's activities before walking to the north fence, and — most importantly — confirming that only one glove was ever observed at 875 South Bundy. Clark also drew out a mildly colorful description of Fuhrman's dismissive confidence that the wound was a cut, not a gunshot wound.

# 1 THE COURT:

MISS CLARK.

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

# 3 MS. CLARK:

THANK YOU, YOUR HONOR.

# 4

REDIRECT EXAMINATION

# 5

BY MS. CLARK:

# 6 Q:

LIEUTENANT SPANGLER, IS IT COMMON FOR POLICE OFFICERS TO CARRY FLASHLIGHTS AT CRIME SCENES?

# 7 A:

ESPECIALLY AT NIGHT, YES, MA'AM.

# 8 Q:

AND IS IT -- WHAT IS THE PURPOSE OF HAVING A FLASHLIGHT AT A CRIME SCENE?

# 9 A:

TO AID YOUR VISION, TO ALLOW YOU TO IDENTIFY AND SEE POTENTIAL ITEMS OF EVIDENCE.

# 10 Q:

AND WOULD A FLASHLIGHT ALSO ILLUMINATE WHERE YOU ARE WALKING?

# 11 A:

YES, IT WOULD.

# 12 Q:

AND IS IT IMPORTANT TO SEE WHERE YOU ARE WALKING IN A CRIME SCENE THAT CONTAINS POTENTIAL EVIDENCE?

# 13 A:

YES, MA'AM.

# 14 Q:

AND WHY IS THAT?

# 15 A:

SO YOU DON'T DISTURB THE EVIDENCE OR POSSIBLY DESTROY IT.

# 16 Q:

AND SO IS IT COMMON PRACTICE, IN FACT ALWAYS DONE AT NIGHTTIME CRIME SCENES, THAT POLICE OFFICERS USE FLASHLIGHTS TO ILLUMINATE WHERE THEY WALK?

# 17 A:

IT IS MY PRACTICE.

# 18 Q:

NOW, AS I UNDERSTAND IT, SIR, BEFORE -- ACCORDING TO YOUR TESTIMONY ON CROSS-EXAMINATION, BY THE TIME DETECTIVE FUHRMAN CAME OUT TO YOU BEFORE YOU WENT WITH HIM TO THAT NORTH FENCE, HE HAD ALREADY WRITTEN NOTES? THAT WAS ALREADY DONE?

# 19 A:

IT IS MY UNDERSTANDING, BUT I DID NOT PERSONALLY SEE THAT.

# 20 MR. BAILEY:

I'M GOING TO OBJECT TO LEADING, YOUR HONOR.

# 21 THE COURT:

SUSTAINED.

# 22 MS. CLARK:

THIS IS --

# 23 THE COURT:

THE QUESTION IS THERE. THE ANSWER IS THERE. THE OBJECTION IS THAT THE PRECEDING QUESTIONS HAVE BEEN LEADING. PROCEED.

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

# 25 Q:

BY MS. CLARK: YOU TESTIFIED ON CROSS-EXAMINATION, SIR, AS I UNDERSTAND IT, THAT DETECTIVE PHILLIPS BROUGHT DETECTIVE FUHRMAN OUT, TO THE BEST OF YOUR KNOWLEDGE. TELL US WHAT WAS YOUR KNOWLEDGE ABOUT WHERE DETECTIVE FUHRMAN HAD BEEN BEFORE YOU SAW HIM AND SPOKE TO HIM ON THE EAST SIDE OF BUNDY?

# 26 A:

WELL, I HAD SEEN HIM AND DETECTIVE ROBERTS AT THE REAR OF THE LOCATION IN THE ALLEYWAY, AND WHEN DETECTIVE PHILLIPS LEFT ME HE WALKED AROUND THAT DIRECTION AND HE RETURNED WITH THEM. MY UNDERSTANDING WAS THAT THEY WERE INSIDE THE CONDOMINIUM, BUT I DID NOT PERSONALLY SEE THAT.

KEY QUOTE

# 27 Q:

OKAY. AND THEN WHAT WAS YOUR UNDERSTAND BEING WHAT DETECTIVE FUHRMAN WAS DOING INSIDE THE CONDOMINIUM BEFORE HE CAME OUT WITH DETECTIVE PHILLIPS TO SEE YOU ON THE EAST SIDE OF BUNDY?

# 28 A:

BEGINNING THEIR INVESTIGATION.

# 29 Q:

OKAY. WAS IT YOUR UNDERSTANDING THAT HE WAS WRITING NOTES INSIDE THE CONDOMINIUM AT THAT TIME?

# 30 A:

YES.

# 31 Q:

AND IT WAS AFTER THAT POINT -- AFTER THAT POINT THAT YOU HAD YOUR CONVERSATION ON THE EAST SIDE OF BUNDY AND WHAT YOU DID AFTER -- WHAT DID YOU DO AFTER THAT?

# 32 A:

AFTER DETECTIVE PHILLIPS, DETECTIVE FUHRMAN AND DETECTIVE ROBERTS RETURNED TO MY LOCATION?

# 33 Q:

YES.

# 34 A:

I HAD A -- I MADE MY OBSERVATION OR DISCUSSED MY OBSERVATION OF THE INJURY AND I ASKED DETECTIVE FUHRMAN TO ACCOMPANY ME OVER TO LOOK AT IT FOR HIS OPINION.

# 35 Q:

NOW, THE OBSERVATION THAT YOU MADE, THE CONVERSATION YOU HAD ABOUT THAT, WAS THAT WITH RESPECT TO THE ONE WOUND ON THE BACK OR WITH RESPECT TO ALL OF THE WOUNDS ON THE BODY?

# 36 A:

THAT ONE WOUND, MA'AM.

# 37 Q:

OKAY. DID YOU HAVE A CONVERSATION WITH DETECTIVE FUHRMAN ABOUT ANY OF THE OTHER POSSIBLE WOUNDS ON THE BODY?

# 38 A:

NO, I DID NOT.

# 39 Q:

AND WHEN YOU DISCUSSED WITH HIM THAT ONE WOUND THAT YOU SAW ON THE BACK, DID HE TELL YOU -- WHAT DID HE TELL YOU ABOUT HIS BELIEF CONCERNING THE CAUSE OF THAT ONE WOUND?

# 40 A:

HE TOLD ME THAT HE DID NOT THINK IT WAS A GUNSHOT WOUND, THAT HE THOUGHT IT WAS A CUT.

# 41 Q:

OKAY. WHAT WAS THE LANGUAGE? WAS HE DEFINITE OR WAS IT A POSSIBLE CUT?

# 42 A:

WELL, HE WAS KIND OF -- I DON'T WANT TO CALL IT LAUGHING AT ME, BUT HE WAS OF THE OPINION THAT I DIDN'T KNOW WHAT I WAS TALKING ABOUT, I THINK. HE SEEMED TO BE FAIRLY CERTAIN IN HIS MIND THAT IT WAS A CUT.

# 43 Q:

OKAY. WHAT WAS THIS, AN INSULTING CONVERSATION, SIR?

# 44 A:

WELL, I CERTAINLY HOPE NOT, MA'AM.

# 45 Q:

HOW DID YOU TAKE IT?

# 46 A:

I WAS NOT INSULTED.

# 47 Q:

WERE YOU LAUGHING?

# 48 A:

I DEFERRED TO HIS EXPERTISE, THOUGH.

# 49 Q:

WERE YOU LAUGHING AT THE TIME?

# 50 A:

YES, I DID.

# 51 Q:

YOU INDICATED, SIR, THAT YOU WERE GLAD THAT YOU HAD MADE THE DECISION TO REFER THE CASE TO ROBBERY/HOMICIDE?

# 52 A:

YES, MA'AM.

# 53 Q:

AND YOU WERE GRATEFUL FOR THE SUGGESTION FROM LIEUTENANT FRANKLE?

# 54 A:

CHIEF.

# 55 Q:

CHIEF FRANKLE?

# 56 A:

YES.

# 57 Q:

FORGIVE ME.

# 58 A:

YES, MA'AM, I WAS.

# 59 Q:

WHY IS THAT, SIR?

# 60 A:

BECAUSE I HAVE, COUNTING DETECTIVE PHILLIPS, A FOUR-MAN HOMICIDE UNIT, AND THE -- I DON'T HAVE THE RESOURCES TO ADEQUATELY INVESTIGATE A CRIME THAT WAS OF THIS MAGNITUDE. I MEAN, I HAVE SOMETHING LIKE 38 DETECTIVES IN MY ENTIRE DIVISION. WE WOULD HAVE HAD TO SHUT DOWN EVERYTHING AND HANDLE NOTHING BUT THIS CASE. COULDN'T DO IT.

# 61 Q:

AND THEN JUST SO IT IS CLEAR, SIR, BASED ON YOUR KNOWLEDGE OF THE OBSERVATIONS MADE AT THE CRIME SCENE, 875 SOUTH BUNDY, HOW MANY GLOVES WERE THERE?

# 62 A:

THERE WAS ONLY EVER ONE GLOVE THERE THAT I SAW.

KEY QUOTE

# 63 Q:

OKAY. HAS IT EVER BEEN BROUGHT TO YOUR ATTENTION THAT ANYONE, WHETHER IT WAS THE FIRST OFFICER OR ANY OTHER OFFICER AFTER HIM AT THE SCENE, SAW ANYTHING OTHER THAN ONE GLOVE?

# 64 A:

ONE GLOVE.

# 65 MS. CLARK:

THANK YOU, SIR.

# 66 THE COURT:

MR. BAILEY.

# 67 MR. BAILEY:

NOTHING FURTHER.

Temperature

procedural

Key Quotes (4)

Frank Spangler

WELL, I HAD SEEN HIM AND DETECTIVE ROBERTS AT THE REAR OF THE LOCATION IN THE ALLEYWAY, AND WHEN DETECTIVE PHILLIPS LEFT ME HE WALKED AROUND THAT DIRECTION AND HE RETURNED WITH THEM.

Establishes Fuhrman's location and movement before the north fence walk — relevant to the planted glove theory.

Frank Spangler

HE WAS OF THE OPINION THAT I DIDN'T KNOW WHAT I WAS TALKING ABOUT, I THINK. HE SEEMED TO BE FAIRLY CERTAIN IN HIS MIND THAT IT WAS A CUT.

Paints Fuhrman as dismissive and overconfident — a subtle credibility undercutting moment, even in a prosecution redirect.

Frank Spangler

THERE WAS ONLY EVER ONE GLOVE THERE THAT I SAW.

Direct rebuttal to any defense implication that a second glove might have been present at Bundy before Fuhrman's trip to Rockingham.

Frank Spangler

I DON'T HAVE THE RESOURCES TO ADEQUATELY INVESTIGATE A CRIME THAT WAS OF THIS MAGNITUDE. I MEAN, I HAVE SOMETHING LIKE 38 DETECTIVES IN MY ENTIRE DIVISION. WE WOULD HAVE HAD TO SHUT DOWN EVERYTHING AND HANDLE NOTHING BUT THIS CASE.

Explains — and legitimizes — the handoff to Robbery/Homicide, countering any implication of irregular chain of custody or motive to defer.

Evidence (1)

Informal

Single glove observed at 875 South Bundy crime scene

discussed — Spangler confirms only one glove ever seen by him or reported to him

Notable Exchanges (2)

Marcia Clark•Frank Spangler

Clark probes whether Fuhrman was insulting when he dismissed Spangler's gunshot wound theory; Spangler diplomatically says he deferred to Fuhrman's expertise and was laughing along, not insulted.

strategic — Clark defusing a potentially damaging portrait of Fuhrman's arrogance

Marcia Clark•Frank Spangler

Clark refers to 'Lieutenant Frankle'; Spangler corrects her — it's 'Chief.' Clark apologizes.

light

Light Moments (2)

Frank Spangler

Clark calls the superior officer 'Lieutenant Frankle'; Spangler corrects her with a single word — 'Chief.' Clark: 'Forgive me.'

Frank Spangler

Clark asks if the conversation with Fuhrman was 'an insulting conversation'; Spangler replies 'Well, I certainly hope not, ma'am' — a dry, evasive non-answer.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5306 • 67 utterances • Prosecution witness

Criminal Trial

Department 103