📄 Cross-examination of Philip Vannatter (part 5) — Monday, March 20, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\20\CROSS-EXAMINATION-OF-PHILIP-VA.DOC
TRIAL
▲ Day 41 of 167

Cross-examination of Philip Vannatter (part 5)

Witness: Det. Philip Vannatter
Examiner: Robert Shapiro
Called by: Prosecution • Date: Monday, March 20, 1995 • Utterances: 712
Robert Shapiro cross-examines Detective Vannatter about the decision to leave the Bundy crime scene with all four detectives to make a 'death notification' at Rockingham, exposing significant gaps in documentation, investigation protocols, and chain of command. Shapiro methodically challenges the report's omissions (shovel, plastic, and white cloth in the Bronco never recorded), prior inconsistent grand jury and preliminary hearing testimony, and the circumstances under which Fuhrman independently discovered blood on the Bronco while the lead detectives were occupied elsewhere.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)
2 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. LET THE RECORD REFLECT THAT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. DETECTIVE VANNATTER, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

PHILIP VANNATTER, THE WITNESS ON THE STAND AT THE TIME OF THE NOON RECESS, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

3 THE COURT:

ALL RIGHT. GOOD AFTERNOON, DETECTIVE. YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. SHAPIRO, YOU MAY CONTINUE.

4 MR. SHAPIRO:

THANK YOU, YOUR HONOR. GOOD AFTERNOON AGAIN, LADIES AND GENTLEMEN.

5 THE JURY:

GOOD AFTERNOON.

6

CROSS-EXAMINATION (RESUMED)

7

BY MR. SHAPIRO:

8 Q:

DETECTIVE VANNATTER, OVER THE NOON HOUR YOU WERE REQUESTED TO FIND YOUR NOTES OF THE ACTIVITIES THAT TOOK PLACE AT BUNDY AND ROCKINGHAM ON THE 12TH THROUGH THE 13TH OF JUNE. HAVE YOU BEEN ABLE TO LOCATE THOSE NOTES?

9 A:

I DIDN'T REALIZE I WAS SUPPOSED TO DO THAT, BUT AS FAR AS ACTUAL PHYSICAL NOTES, THERE AREN'T ANY OTHER THAN THE PARTIAL STATEMENT I WAS GOING ON, KATO KAELIN.

10 Q:

AND THAT CONSISTS OF TWO PARAGRAPHS?

11 A:

APPROXIMATELY, YEAH.

12 Q:

AND THAT IS THE EXTENT OF WHAT WAS -- WHAT TOOK PLACE AS FAR AS RECORDING INFORMATION BY YOU?

13 A:

I DIRECTED OTHER INFORMATION BE RECORDED, BUT YES, THAT IS TRUE.

14 Q:

NOW, WHEN YOU WENT THROUGH YOUR WALK-THROUGH AT THE BUNDY CRIME SCENE, YOU TOLD US THAT TOOK APPROXIMATELY TEN MINUTES?

15 A:

YEAH, YEAH, APPROXIMATELY TEN MINUTES, TEN TO FIFTEEN MINUTES.

16 Q:

YOU TESTIFIED TEN MINUTES ON YOUR DIRECT EXAMINATION YESTERDAY. ARE YOU MORE COMFORTABLE WITH TEN TO FIFTEEN MINUTES?

17 A:

THAT IS APPROXIMATION, TEN.

18 Q:

YOU WEREN'T KEEPING ANY LOG RECORDS OF THE TIME YOU ENTERED THE ACTUAL SCENE AND LEFT?

19 A:

NO, SIR.

20 Q:

DID YOU CHECK IN WITH SOMEBODY AT THE BUNDY ADDRESS WHO WAS KEEPING SUCH TIME RECORDS?

21 A:

WHEN I ARRIVED THERE?

22 Q:

WHEN YOU ARRIVED AND WHEN YOU WALKED THROUGH, YES.

23 A:

I SIGNED IN ON THE CRIME SCENE LOG WHEN I ARRIVED, YES.

24 Q:

WOULD THAT BE SOMETHING THAT WOULD BE PROPER TO MAINTAIN IN THE CRIME SCENE LOG, HOW LONG YOU SPENT INSIDE THE CRIME SCENE?

25 A:

NO.

26 Q:

HOW LONG DID DETECTIVE LANGE SPEND INSIDE THE CRIME SCENE?

27 (NO AUDIBLE RESPONSE.)
28 Q:

IN HIS WALK-THROUGH?

29 A:

I BELIEVE IT WAS ABOUT FIFTEEN MINUTES, APPROXIMATELY FIFTEEN MINUTES.

30 Q:

HE WAS THERE A LITTLE LONGER THAN YOU?

31 A:

YES.

32 Q:

YOU WERE NOT ACCOMPANYING HIM AT THAT TIME?

33 A:

NO, I DID NOT.

34 Q:

YOU STAYED OUTSIDE ON BUNDY AND DOROTHY?

35 A:

YES.

36 Q:

AND AFTER HE FINISHED HIS WALK-THROUGH, DID YOU THEN IMMEDIATELY GO TO ROCKINGHAM?

37 A:

IT WAS WITHIN A FEW MINUTES. WE LEFT THERE AT APPROXIMATELY FIVE O'CLOCK THAT MORNING, YES.

38 Q:

SO --

39 A:

WE DISCUSSED IT BEFORE WE LEFT.

40 Q:

HE CAME OUT AND YOU DISCUSSED IT A FEW MINUTES WITH HIM AS TO WHAT HE SAW?

41 A:

YES.

42 Q:

AND THEN THE DECISION WAS MADE TO GO MAKE THE NOTIFICATION?

43 A:

THAT'S CORRECT.

44 Q:

AND YOU LEFT IMMEDIATELY THEREAFTER?

45 A:

YES.

46 Q:

NOW, ACCORDING TO THE LOGS, DETECTIVE LANGE ARRIVED AT 4:25 IN THE MORNING?

47 A:

THAT'S CORRECT.

48 Q:

AND SO IF HE DID A 15-MINUTE WALK-THROUGH, THAT WOULD BE ABOUT 4:40, CORRECT?

49 A:

IF HE IMMEDIATELY WENT ON THE WALK-THROUGH. I'M NOT SURE THAT THAT WAS THE SEQUENCE OF EVENTS.

50 Q:

WELL, HOW LONG DID HE WAIT BEFORE HE WENT ON THE WALK-THROUGH, THAT YOU RECALL?

51 A:

I REALLY COULDN'T ANSWER THAT. I REALLY DON'T KNOW.

52 Q:

WEREN'T YOU CONCERNED WITH TRYING TO GET THIS THING GOING AND START YOUR INVESTIGATION?

53 A:

THAT IS WHAT WE DID, YES.

54 Q:

DON'T YOU NOW HAVE ABOUT TWENTY MINUTES UNACCOUNTED FOR WHERE NOTHING IS BEING DONE WHILE YOU AND YOUR PARTNER ARE THERE?

55 A:

I DON'T UNDERSTAND THAT.

56 Q:

WELL, IF YOU ARRIVED -- IF LANGE, ACCORDING TO THE CHRONOLOGICAL RECORD, ARRIVED AT 4:25, DID A 15-MINUTE WALK-THROUGH, SPENT A FEW MINUTES BEFORE AND A FEW MINUTES AFTER, LET'S SAY EVEN THAT WOULD MAKE IT 4:45 AND THERE IS FIFTEEN MINUTES BEFORE YOU LEAVE, WAS THERE AN INVESTIGATION THAT YOU PEOPLE WERE DOING DURING THAT FIFTEEN MINUTES AT BUNDY?

57 A:

I THINK PART OF THE INVESTIGATION IS MYSELF AND MY PARTNER CONVERSING SO WE -- SO WE KNOW WHAT WE HAVE AND SO WE SORT OF UNDERSTAND WHAT IS GOING ON AT THAT POINT.

58 Q:

AND I TAKE IT YOU NOTIFIED A CRIMINALIST AT THAT POINT BECAUSE YOU NOW HAD DETERMINED IT WAS A BLOODY CRIME SCENE, DID YOU NOT?

59 A:

NOT AT THAT POINT, NO.

60 Q:

AND YOU NOTIFIED THE CORONER BECAUSE YOU WANTED TO CLEARLY ASCERTAIN THE TIME OF DEATH?

61 A:

NOT AT THAT POINT.

62 Q:

AND YOU CALLED FOR A PHOTOGRAPHER TO VIDEOTAPE THE ENTIRE CRIME SCENE IN THE MOST UNDISTURBED WAY, DID YOU NOT?

63 A:

A PHOTOGRAPHER WAS THERE WHEN I GOT THERE.

64 Q:

AND DID YOU DIRECT THE PHOTOGRAPHER TO TAKE AN OVERALL VIEW OF THE COMPLETE PATTERN OF ALL THE FOOTWEAR IMPRESSIONS THAT YOU HAD SEEN?

65 A:

I BELIEVE MY PARTNER DID THAT.

66 Q:

AND WAS THAT DONE?

67 A:

WAS THAT DONE?

68 Q:

YEAH. DID THE PHOTOGRAPHER DO THAT, FOLLOW THOSE ORDERS?

69 A:

TO THE BEST OF MY KNOWLEDGE, YES.

70 Q:

AND SO YOU HAVE SEEN A PHOTOGRAPH THAT SHOWS THE ENTIRE PATHWAY WITH ALL THE FOOTPRINTS THAT YOU INTEND TO TALK ABOUT IN THIS CASE?

71 A:

I BELIEVE IT DOES, YES.

72 Q:

AND DID YOU CALL FOR SOMEONE TO VIDEOTAPE THE ENTIRE CRIME SCENE?

73 A:

NO, SIR, I DID NOT.

74 Q:

AND DID YOU CALL FOR A LIGHT TRUCK TO ILLUMINATE THE AREA SO THAT YOU COULD BETTER ASCERTAIN WHETHER OR NOT THERE MIGHT BE ANOTHER MATCHING GLOVE TO THE ONE THAT YOU HAD SEEN BY THE BODY OF RONALD GOLDMAN?

75 A:

I DID NOT.

76 Q:

AND DID YOU CAUSE A GRID SEARCH TO BE DONE OF THE LOCATION TO LOOK FOR A MATCHING OR SECOND GLOVE AT THAT LOCATION?

77 A:

NO, I DIDN'T.

78 Q:

AS A DETECTIVE, WOULD YOU AGREE THAT IT IS IMPORTANT FOR YOU TO BE ABLE TO PRIORITIZE WHAT YOU ARE GOING TO DO REGARDING A CRIME SCENE INVESTIGATION?

79 A:

YES.

80 Q:

SOME THINGS ARE MORE IMPORTANT THAN OTHERS; IS THAT CORRECT?

81 A:

YEAH. WELL, THEY ARE ALL IMPORTANT. THAT IS A GENERAL STATEMENT. EVERYTHING IS IMPORTANT.

82 Q:

WELL, YOU CAN'T DO EVERYTHING AT THE SAME TIME, CAN YOU?

83 A:

NO. I WISH I COULD.

84 Q:

SO THEREFORE YOU HAVE TO PRIORITIZE, DON'T YOU?

85 A:

ACCORDING TO WHAT THE SCENE IS, YES. EACH ONE IS DIFFERENT. EACH ONE HAS DIFFERENT PRIORITIES.

86 Q:

AND IF YOU HAD TO PRIORITIZE BETWEEN NOTIFYING THE EX-HUSBAND OF A VICTIM AND BEGINNING A CRIME SCENE INVESTIGATION, WHAT ONE OF THE TWO WOULD YOU FEEL WOULD BE MORE IMPORTANT?

87 A:

PUTTING IT JUST IN THOSE TERMS WITH THE OTHER CIRCUMSTANCES LEFT OUT, I WOULD SAY START THE CRIME SCENE INVESTIGATION, BUT THERE WERE OTHER CIRCUMSTANCES THAT CAME INTO PLAY IN THIS.

88 Q:

AND HOW MANY OFFICERS WOULD YOU USE TO MAKE A DEATH NOTIFICATION, PERSONALLY?

89 A:

THAT WOULD DEPEND ON THE CIRCUMSTANCES.

90 Q:

AND IS THERE ANY CRITERIA AS TO WHO CAN MAKE A DEATH NOTIFICATION WITHIN THE LOS ANGELES POLICE DEPARTMENT?

91 A:

AS TO WHO?

92 Q:

YES.

93 A:

I WOULD THINK ANY SWORN PERSONNEL COULD.

94 Q:

NOW, COMMANDER BUSHEY IS THE COMMANDER OF THE WEST BUREAU; IS THAT CORRECT?

95 A:

HE IS THE ASSISTANT COMMANDER, I BELIEVE, OF THE WEST BUREAU.

96 Q:

AND WEST BUREAU DOES NOT ENCOMPASS THE ROBBERY/HOMICIDE DIVISION, DOES IT?

97 A:

NO.

98 Q:

IT DOES NOT, I SHOULD SAY?

99 A:

IT DOES NOT.

100 Q:

AND THAT ORDER THAT YOU HEARD ABOUT SECONDHAND WAS FROM DETECTIVE PHILLIPS WHO WAS TOLD BY COMMANDER BUSHEY THAT HE SHOULD MAKE A PERSONAL NOTIFICATION; ISN'T THAT CORRECT?

101 A:

YES.

102 Q:

AND DURING THE HOUR AND FIVE MINUTES THAT DETECTIVE PHILLIPS WAS WAITING FOR YOU, DID YOU ASK HIM IF HE HAD GONE TO MAKE A PERSONAL NOTIFICATION?

103 A:

HE TOLD ME THAT HE HADN'T.

104 Q:

DID YOU ASK HIM WHY HE DIDN'T, WHY HE WAS -- JUST DECIDED TO GO STAND OUT IN THE MIDDLE OF THE STREET FOR AN HOUR AND FIVE MINUTES?

105 A:

NO.

106 Q:

ISN'T THAT SOMETHING THAT COULD HAVE EASILY BEEN DONE BY DETECTIVE PHILLIPS, TO YOUR KNOWLEDGE?

107 A:

THAT COULD HAVE BEEN DONE, BUT THAT WOULD NOT BE THE PROPER WAY TO DO IT, WITHOUT US BEING PRESENT.

108 Q:

WHAT ABOUT DETECTIVE FUHRMAN, COULD HE HAVE GONE WITH DETECTIVE PHILLIPS TO MAKE A DEATH NOTIFICATION?

109 A:

OF COURSE HE COULD HAVE, BUT IT STILL WOULDN'T HAVE BEEN THE PROPER WAY WITHOUT US BEING THERE.

110 Q:

WHAT ABOUT LIEUTENANT ROGERS, WHO IS YOUR SUPERVISOR, COULD HE HAVE GONE?

111 A:

CERTAINLY.

112 Q:

HE IS NOT A HOMICIDE INVESTIGATOR, IS HE?

113 A:

NO, HE'S A SUPERVISOR.

114 Q:

HE IS NOT AN INVESTIGATOR, IS HE?

115 A:

HE IS A LIEUTENANT.

116 Q:

IS HE AN INVESTIGATOR?

117 A:

BY RANK OR --

118 Q:

IS IT HIS JOB TO INVESTIGATE HOMICIDE SCENES?

119 A:

NO, IT IS HIS JOB TO SUPERVISE.

120 Q:

SO HE, FROM YOUR BUREAU, COULD HAVE GONE AND MADE THE NOTIFICATION?

121 A:

CERTAINLY.

122 Q:

AND THE 25 OTHER PEOPLE THAT WERE THERE COULD HAVE GONE TO MAKE THE NOTIFICATION?

123 A:

THAT'S CORRECT.

124 Q:

AND AS FAR AS DIRECTIONS TO THAT LOCATION, ONCE YOU WERE AT BUNDY, WOULD YOU HAVE ANY DIFFICULTY IF SOMEBODY THERE SAID THE LOCATION THAT YOU WANT TO GO TO IS AT ROCKINGHAM AND SUNSET, TAKE SUNSET ABOUT TWO MILES AND TURN RIGHT ON ROCKINGHAM THREE BLOCKS? WOULD YOU BE ABLE TO FOLLOW THOSE DIRECTIONS?

125 A:

ME PERSONALLY?

126 Q:

YES.

127 A:

YES.

128 Q:

SO YOU DIDN'T NEED ANYONE TO TAKE YOU TO THAT LOCATION, DID YOU?

129 A:

WELL, YEAH, BECAUSE WE DIDN'T KNOW WHERE THE LOCATION WAS AND WE THOUGHT IT WOULD SPEED UP THE PROCESS, PLUS WE NEEDED THEIR ASSISTANCE.

130 Q:

WELL, LET'S TALK ABOUT --

131 A:

AS I EXPLAINED BEFORE.

132 Q:

-- JUST WHERE THE LOCATION WAS. YOU ALREADY CONCEDED THAT IF SOMEBODY TOLD YOU TO GO WEST ON SUNSET TO ROCKINGHAM AND TURN RIGHT, GO UP THREE BLOCKS, YOU WOULD HAVE BEEN ABLE TO FOLLOW THAT AND FIND THAT, WOULD YOU NOT?

133 A:

CERTAINLY I COULD HAVE.

134 Q:

AND IT IS NOT A DIFFICULT LOCATION TO FIND, IS IT?

135 A:

NO.

136 Q:

NOT HIDDEN IN ANY WAY?

137 A:

NO.

138 Q:

AND AT THE TIME YOU ARRIVED YOU HAD, FOR THE FIRST TIME, MET DETECTIVES PHILLIPS AND FUHRMAN; IS THAT CORRECT?

139 A:

THAT'S CORRECT.

140 Q:

AND YOU WERE THERE TO NOTIFY THEM THAT -- OR TO OFFICIALLY TAKE OVER BECAUSE THEY HAD BEEN NOTIFIED THEY HAD BEEN RELIEVED?

141 A:

THAT'S CORRECT.

142 Q:

AND IN POLICE PRACTICE, I TAKE IT THAT THIS IS A BIG CASE? WOULD YOU AGREE WITH THAT?

143 A:

THAT IS A VERY SUBJECTIVE TERM. IT IS A BIG CASE BECAUSE THE PRESS AND THE MEDIA HAS MADE IT A BIG CASE. YOU WILL -- ALL HOMICIDES TO ME ARE BIG CASES.

144 Q:

AND THAT TO BE INVOLVED IN A CASE LIKE THIS, FROM A DETECTIVE'S POINT OF VIEW, IS A FEATHER IN YOUR CAP, IS IT NOT?

145 A:

NOT IN MY CAP, NO, NO.

146 Q:

AND TO BE RELIEVED FROM A CASE LIKE THIS, IT WOULD BE A TREMENDOUS DISAPPOINTMENT FOR A YOUNG DETECTIVE, WOULD IT NOT?

147 MR. DARDEN:

OBJECTION, CALLS FOR SPECULATION.

148 THE COURT:

SUSTAINED.

149 Q:

BY MR. SHAPIRO: YOU HAVE ALSO TOLD US THAT YOU WENT OVER -- DID ANYBODY TELL YOU YOU SHOULD GO TO ROCKINGHAM TO CHECK ON THE WELFARE OF THE CHILDREN?

150 A:

THAT QUESTION -- I DON'T FOLLOW THAT QUESTION. THE CHILDREN'S WELFARE WAS NOT -- THE CHILDREN WERE AT WEST L.A. STATION.

151 Q:

DID ANYBODY TELL YOU TO GO TO ROCKINGHAM BECAUSE THE CHILDREN'S WELFARE WAS AT ISSUE?

152 A:

NO. THAT WAS A DETERMINATION THAT MYSELF AND MY PARTNER MADE.

153 Q:

AND SO YOU DID DETERMINE, WITH ALL THE OFFICERS IN THE JUVENILE DIVISION, ALL THE OFFICERS AT WEST LOS ANGELES, ALL OF THE MEMBERS AVAILABLE TO TAKE CARE OF JUVENILES, YOU WERE GOING TO TAKE IT UPON YOURSELF TO PRIORITIZE AND PUT THAT INTEREST FIRST? IS THAT YOUR TESTIMONY?

154 A:

THAT WAS ONE OF MY PRIORITIES, ABSOLUTELY.

155 Q:

YOU ARE NOT A JUVENILE OFFICER?

156 A:

NO, BUT I THINK WE WENT THROUGH THIS ONCE BEFORE. I HAD TWO VERY YOUNG CHILDREN THAT HAD BEEN TAKEN FROM THEIR BED, FROM THEIR HOME, BY UNIFORM POLICE OFFICERS, AND AT A SCENE THAT THEIR MOTHER HAD BEEN MURDERED AT AND THAT IS VERY, VERY TRAUMATIC FOR ADULTS, BESIDES THINKING ABOUT MINOR CHILDREN. TO ME THESE CHILDREN ARE VERY, VERY IMPORTANT PEOPLE AND THEY HAVE TO BE CARED FOR AND TO BE SETTING IN A POLICE STATION IS A VERY TRAUMATIC THING FOR CHILDREN AND THAT WAS VERY IMPORTANT TO ME TO TRY AND GET THEM WITH FAMILY MEMBERS.

157 Q:

AND I AGREE WITH YOU, BUT IN BALANCING THAT AGAINST THE 25 OTHER OFFICERS WHO WERE AT THE SCENE WHO COULD HAVE PERFORMED THE SAME FUNCTION AND YOU BEING THE ONLY PERSON WHO COULD ADMIT PEOPLE INTO THE CRIME SCENE, IS IT YOUR OPINION THAT OTHERS COULD HAVE EQUALLY SATISFIED THE REQUIREMENT OF TAKING CARE OF THESE YOUNG CHILDREN WHO WERE IN SUCH DESPERATE NEED OF BEING REUNITED?

158 A:

I'M SORT OF LOST ON THE QUESTION. COULD SOMEONE ELSE HAVE DONE WHAT I DID?

159 Q:

REGARDING THE CHILDREN?

160 A:

CERTAINLY SOMEONE ELSE COULD HAVE.

161 Q:

YET NO ONE ELSE, OTHER THAN LANGE AND YOURSELF, COULD HAVE ALLOWED ACCESS INTO THE CRIME SCENE?

162 A:

AT THAT POINT I WOULD SAY NO.

163 Q:

BUT YET YOU CHOSE TO LEAVE THE CRIME SCENE, NOT ONLY BY -- WITH YOURSELF AND WITH YOUR PARTNER, BUT WITH THE ONLY TWO OTHER INVESTIGATORS IN THE HOMICIDE AREA WHO COULD HAVE ALSO HAD SOME SEASONING REGARDING THE ENTRY AND EXIT INTO A CRIME SCENE; IS THAT CORRECT?

164 A:

YES.

165 Q:

SO THE SCENE IS LEFT NOW NOT TO BE INVESTIGATED AT ALL WITH THE FOUR PEOPLE WHO HAVE EXPERTISE IN HOMICIDE INVESTIGATIONS, SO YOU CAN GO DO TWO THINGS: NOTIFY THE EX-SPOUSE OF THE DEATH AND TO PROVIDE IN WEST L.A. FOR THE CARE AND COMFORT OF THE TWO YOUNG CHILDREN?

166 MR. DARDEN:

OBJECTION, IT IS COMPOUND.

167 THE COURT:

SUSTAINED.

168 Q:

BY MR. SHAPIRO: YOUR PURPOSE IN TAKING FOUR OFFICERS TO GO TO THE ROCKINGHAM ESTATE WAS SOLELY FOR THE NOTIFICATION; IS THAT CORRECT?

169 A:

OUR PURPOSE FOR TAKING FOUR OFFICERS WAS ACTUALLY TWO-FOLD. NO. 1, THEY COULD DIRECT US TO THE LOCATION BECAUSE FUHRMAN HAD BEEN THERE BEFORE. AND NO. 2, WE INTENDED ON THEM HELPING US WITH THE NOTIFICATION, HELPING MR. SIMPSON TO MAKE A DISPOSITION OF THE CHILDREN, FOR US TO MEET MR. SIMPSON, FOR A LATER INTERVIEW.

170 Q:

WELL, THIS WOULDN'T BE A GOOD TIME TO ESTABLISH A RAPPORT WITH MR. SIMPSON, WOULD IT?

171 A:

IT IS AS GOOD A TIME AS ANY TIME.

172 Q:

SO YOU ARE GOING TO KNOCK ON THE DOOR, TELL MR. SIMPSON YOU HAVE HORRIBLE NEWS, THAT HIS EX-WIFE HAS JUST BEEN MURDERED AND PLUS WE WOULD LIKE TO GET TO KNOW YOU AND TALK ABOUT THIS SO LET'S JUST SIT DOWN AND TALK FOR AWHILE? IS THAT WHAT YOU ARE TELLING US, SIR?

173 A:

NO, WE DIDN'T INTEND TO INTERVIEW HIM THEN. WE INTENDED TO MEET HIM, GO BACK, DO THE CRIME SCENE AND SET UP A LATER INTERVIEW WITH HIM.

174 Q:

WELL, YOU HAD ADDITIONAL INFORMATION REGARDING MR. SIMPSON WHEN YOU WENT OVER THERE, DIDN'T YOU?

175 A:

I HAD INFORMATION. DETECTIVE FUHRMAN TOLD US THAT HE HAD BEEN AT THE LOCATION BEFORE ON A 415 DISPUTE CALL, YES.

176 Q:

AND HE TOLD YOU THAT RESULTED -- DID HE ALSO TELL YOU THAT THERE HAD BEEN PREVIOUS INCIDENTS OF DOMESTIC VIOLENCE REGARDING O.J. SIMPSON AND NICOLE BROWN SIMPSON?

177 A:

HE DIDN'T TELL ME THAT, NO. HE TOLD ME HE HAD BEEN THERE ON A PREVIOUS INCIDENT.

178 Q:

DID HE TELL YOUR PARTNER THERE HAD BEEN PREVIOUS INCIDENTS OF DOMESTIC VIOLENCE?

179 MR. DARDEN:

OBJECTION, CALLS FOR HEARSAY.

180 THE COURT:

OVERRULED.

181 DET. PHILIP VANNATTER:

THERE COULD HAVE BEEN SOME CONVERSATION ABOUT AN '89 INCIDENT. THE MAIN -- WHAT I RECALL MOST IS HE STATED THAT HE HAD BEEN THERE ON A PREVIOUS RADIO CALL AND KNEW WHERE THE LOCATION WAS AND THAT THE RADIO CALL WAS IN REGARDS TO A 415 FAMILY DISPUTE.

182 Q:

YOU HAVE REVIEWED THE REPORT THAT IS ENTITLED A FOLLOW-UP REPORT, HAVE YOU NOT?

183 A:

YES.

184 Q:

AND THAT IS REALLY A MISNOMER BECAUSE IT DOESN'T FOLLOW UP TO ANY OTHER REPORT THAT WAS DONE BY YOU OR DETECTIVE LANGE, DOES IT?

185 A:

MISNOMER?

186 Q:

WHEN IT SAYS "FOLLOW-UP REPORT," DOESN'T THAT TEND TO CAUSE ONE TO TEND TO THINK THAT THERE WAS A REPORT BEFORE THIS THAT THIS FOLLOWS?

187 A:

THERE WAS A REPORT BEFORE THAT.

188 Q:

DONE BY YOU AND LANGE?

189 A:

YES.

190 Q:

AT THE PRELIMINARY HEARING YOU WERE ASKED THAT QUESTION, YOU SAID THERE WASN'T. DO YOU RECALL THAT TESTIMONY?

191 A:

NO. I DON'T RECALL SAYING THAT, NO.

192 MR. SHAPIRO:

I WILL SHOW THAT TO YOU IN A MINUTE.

193 (BRIEF PAUSE.)
194 Q:

BY MR. SHAPIRO: SO YOU ARE TELLING ME NOW THAT IT WAS FUHRMAN WHO GAVE YOU THE INFORMATION REGARDING THE DOMESTIC VIOLENCE; IS THAT CORRECT, OR LANGE?

195 A:

IT WAS A CONVERSATION THAT WAS HAD IN THE STREET AND I BELIEVE ALL FOUR OF US WAS THERE, AND AS I RECALL, FUHRMAN SAID SOMETHING TO PHILLIPS AND THEN -- AND I'M NOT SURE WHETHER IT WAS FUHRMAN OR PHILLIPS THAT RELAYED THE INFORMATION. MY INFORMATION WAS THAT FUHRMAN HAD BEEN THERE EARLIER.

196 Q:

DID YOU HAVE ANY INFORMATION THAT MR. SIMPSON HAD PREVIOUSLY BEEN ARRESTED OR JUST THAT THEY RESPONDED TO A 415?

197 A:

WELL, I THINK MY INFORMATION IS MR. SIMPSON WAS NEVER ARRESTED ON THAT CASE. I THINK THAT IS THE INFORMATION.

198 Q:

AND ISN'T IT TRUE, SIR, THAT ONE OF THE REASONS THAT YOU WANTED TO LEAVE THE CRIME SCENE AND GO TO THE SIMPSON RESIDENCE WAS BECAUSE YOU HAD INFORMATION THAT THERE HAD BEEN PREVIOUS INSTANCES OF DOMESTIC VIOLENCE AND YOU IMMEDIATELY SUSPECTED THE EX-HUSBAND AS BEING THE PERSON RESPONSIBLE IN THESE CASES?

199 A:

NO, THAT IS NOT TRUE.

200 MR. SHAPIRO:

YOUR HONOR, MAY I APPROACH THE WITNESS? ACTUALLY, LET ME PUT THIS UP ON THE ELMO. WE HAVE ALREADY TALKED ABOUT THIS.

201 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)
202 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
203 MR. DARDEN:

AT ANY RATE, THERE IS AN OBJECTION.

204 MR. SHAPIRO:

I JUST HAVE A -- I THOUGHT WE TOOK THIS UP EARLIER, YOUR HONOR.

205 THE COURT:

IS THIS THE LAST SENTENCE?

206 MR. SHAPIRO:

NO. THIS IS ON ANOTHER REPORT.

207 THE COURT:

ALL RIGHT. I DON'T BELIEVE WE TOOK THAT UP SPECIFICALLY.

208 MR. SHAPIRO:

ALL RIGHT. LET ME APPROACH IT ANOTHER WAY, IF HE OBJECTS TO THIS.

209 Q:

LET ME ASK YOU THIS: YOU HAVE READ THE MURDER FOLLOW-UP REPORT, HAVE YOU NOT?

210 A:

YES.

211 Q:

ARE THERE ANY ERRORS OR OMISSIONS IN THAT REPORT?

212 A:

ERRORS OR OMISSIONS? I'M COMFORTABLE WITH THE REPORT, IF THAT IS WHAT YOU ARE ASKING ME.

213 Q:

AND YOU STAND BY THAT REPORT, DO YOU NOT?

214 A:

WELL, I THINK IT IS GENERAL OVERALL -- A GENERAL OVERALL VIEW OF WHAT OCCURRED, YES.

215 Q:

WELL, IT IS MORE THAN THAT. IT IS THE ONLY RECORDATION OF WHAT YOU AND YOUR PARTNER HAVE DONE REGARDING THIS CASE; ISN'T THAT CORRECT?

216 A:

NO.

217 Q:

YOU WILL SHOW US LATER WHAT OTHER RECORDATIONS YOU AND YOUR PARTNER HAVE DONE?

218 A:

WELL, I THINK I TESTIFIED EARLIER THAT THERE HAS BEEN DEATH REPORTS MADE ON BOTH VICTIMS AND MURDER REPORTS MADE A BOTH VICTIMS.

KEY QUOTE
219 Q:

I'M TALKING ABOUT THE FACTS SURROUNDING THE INVESTIGATION AND THE INFORMATION YOU HAD. ARE THERE ANY OTHER REPORTS ALONG THOSE AREAS THAT WERE DONE BY YOU OR YOUR PARTNER, SIR?

220 A:

WELL, THERE HAS BEEN REPORTS DONE THROUGH THE ENTIRE INVESTIGATION. THERE IS THREE BOOKS FULL OF REPORTS.

221 Q:

WELL, YOU WILL PULL THOSE FOR US, OKAY, THE ONES THAT YOU AND YOUR PARTNER HAVE DONE.

222 MR. DARDEN:

WAS THAT A QUESTION?

223 Q:

BY MR. SHAPIRO: WOULD YOU DO THAT FOR US, PLEASE? THERE IS A REQUEST.

224 A:

THERE IS THREE BOOKS FOR US.

225 Q:

WELL, MAYBE YOU CAN DO THAT TONIGHT. LET ME DRAW YOUR ATTENTION TO THE SECOND PARAGRAPH AND ASK YOU TO READ THAT TO YOURSELF, PLEASE.

226 A:

(WITNESS COMPLIES.) OKAY.

227 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
228 Q:

BY MR. SHAPIRO: DID YOU HAVE A CHANCE TO READ THAT?

229 A:

YES.

230 Q:

AND DOES THAT REFRESH YOUR MEMORY AS TO WHAT DETECTIVE PHILLIPS TOLD YOU AND DETECTIVE LANGE?

231 A:

THAT IS A POSSIBILITY THAT HE SAID THAT, YES, BUT AGAIN, MY INFORMATION IS MR. SIMPSON WAS NEVER ARRESTED ON THAT CASE.

232 Q:

WHAT DOES YOUR REPORT INDICATE IN THAT REGARD, SIR?

233 A:

DO YOU WANT ME TO READ IT?

234 Q:

YEAH.

235 A:

OKAY. THE ENTIRE PARAGRAPH?

236 Q:

WELL, LET'S READ THE PART WHERE IT HAS WHAT DETECTIVE PHILLIPS TOLD YOU.

237 A:

"PHILLIPS STATED THAT VICTIM BROWN WAS THE EX-WIFE OF O.J. SIMPSON, A WELL-KNOWN ATHLETE ACTOR. ADDITIONALLY, PHILLIPS STATED THAT MR. SIMPSON AND VICTIM 1 HAD BEEN EMBROILED IN A PREVIOUS DOMESTIC VIOLENCE SITUATION, ONE OF THESE RESULTING IN THE ARREST OF MR. SIMPSON."

KEY QUOTE
238 Q:

YOU SAID IN A PREVIOUS DOMESTIC VIOLENCE SITUATION. IS THAT WHAT IT SAYS, SIR?

239 A:

THAT IS WHAT THE REPORT SAYS, YES.

240 Q:

IT DOESN'T SAY IN PREVIOUS DOMESTIC VIOLENCE SITUATIONS, PLURAL?

241 A:

SITUATIONS, YEAH.

242 Q:

IS THERE A DIFFERENCE BETWEEN SITUATION AND SITUATIONS, SIR?

243 A:

ONE IS PLURAL AND ONE IS SINGULAR, YES.

244 Q:

IS THERE ANY SIGNIFICANCE TO THAT IN PUTTING THAT IN A REPORT?

245 A:

SIGNIFICANCE? I -- I DON'T KNOW -- I DON'T KNOW HOW TO ANSWER THAT. APPARENTLY THAT IS REFERRING TO MORE THAN ONE INCIDENT.

246 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)
247 (BRIEF PAUSE.)
248 Q:

BY MR. SHAPIRO: NOW, THE LOCATION THAT YOU WERE GOING TO WAS ROCKINGHAM; IS THAT CORRECT?

249 (NO AUDIBLE RESPONSE.)
250 Q:

360 NORTH ROCKINGHAM? FROM BUNDY?

251 A:

FROM BUNDY, YES.

252 Q:

AND YOU CAME DOWN ROCKINGHAM, AS YOU HAVE SHOWN US IN THAT NICE VIDEO THAT YOU PREPARED; IS THAT CORRECT?

253 A:

WHAT IS THE QUESTION?

254 Q:

YOU CAME DOWN ROCKINGHAM WHEN YOU WERE GOING TO THE HOUSE -- WHEN YOU WERE TRYING TO LOCATE THE ADDRESS OF 360 NORTH ROCKINGHAM --

255 A:

WE DROVE NORTH ON ROCKINGHAM, YES.

256 Q:

YES, OKAY. THAT WAS MY QUESTION.

257 A:

I DIDN'T UNDERSTAND YOUR QUESTION.

258 THE COURT:

YOU GUYS HAVE TO STOP TALKING OVER EACH OTHER HERE.

259 Q:

BY MR. SHAPIRO: I WANT TO MAKE IT CLEAR. AND WHEN YOU DROVE UP, YOU SAW A GATE AND AN ADDRESS 360 NORTH ROCKINGHAM, DID YOU NOT?

260 A:

YES, I DID.

261 Q:

WHY DIDN'T YOU PARK ON ROCKINGHAM?

262 A:

I DON'T KNOW. I FOLLOWED DETECTIVE PHILLIPS AND PARKED BEHIND HIM. I DON'T KNOW A REASON.

263 Q:

I'M SORRY. DID YOU FINISH?

264 A:

NO REASON.

265 Q:

CLEARLY THERE WAS AN ENTRANCE ON ROCKINGHAM?

266 A:

YES.

267 Q:

AND CLEARLY THE FRONT DOOR FACED ROCKINGHAM?

268 A:

WELL, I DON'T THINK I COULD TELL THAT AS I DROVE UP THE STREET. I COULDN'T SEE THE FRONT DOOR.

269 Q:

YOU COULD SEE THE FRONT DOOR THROUGH THE GATE, COULDN'T YOU?

270 A:

WHEN I WALKED OVER AND LOOKED, YES, BUT WHEN I WAS DRIVING UP I DIDN'T SEE IT.

271 Q:

ISN'T IT TRUE, SIR, THAT YOU WERE GOING OVER TO ROCKINGHAM, IN ADDITION TO MAKING WHAT YOU HAVE SAID IS A NOTIFICATION, TO LOOK FOR CRIMINAL ACTIVITY?

272 A:

I THINK -- I THINK IT CROSSED MY MIND -- NOT CRIMINAL ACTIVITY. I THINK IT CROSSED MY MIND TO CHECK ON THE WELFARE, BECAUSE OF THE CLOSENESS OF THE SCENE AND THE VIOLENCE OF THE SCENE.

273 Q:

THE WELFARE OF WHOM?

274 A:

THE WELFARE OF THE OCCUPANTS OF THE HOME SINCE THERE WAS A TIE TO THE TWO LOCATIONS.

275 Q:

AND WHO DID YOU DETERMINE WERE THE OCCUPANTS OF THE HOME?

276 A:

WHICH HOME, SIR?

277 Q:

THE HOME YOU WERE GOING TO CHECK ON THE WELFARE OF THE OCCUPANTS IN?

278 A:

MR. SIMPSON'S HOME.

279 Q:

WELL, WHO WERE THE OCCUPANTS OF THAT HOME THAT YOU WENT TO CHECK ON?

280 A:

AT THAT POINT?

281 Q:

YEAH.

282 A:

ANYBODY THAT WAS THERE.

283 Q:

WELL, DIDN'T YOU HAVE SOMETHING FIXED IN YOUR MIND? WHEN YOU SAY YOU WERE GOING TO CHECK ON THE WELFARE OF SOMEBODY, WHOSE WELFARE WERE YOU GOING TO CHECK ON, SIR?

284 A:

MR. SIMPSON.

285 Q:

BECAUSE YOU WERE CONCERNED ABOUT HIM, WEREN'T YOU?

286 A:

I WASN'T SO MUCH CONCERNED ABOUT HIM. I WAS -- I HAD CONCERNS FOR THE CHILDREN. I WANTED TO MEET HIM. I WAS INFORMED THAT A COMMANDER OF THE POLICE DEPARTMENT HAD ORDERED AN IN PERSON NOTIFICATION, AND I KNEW IT WAS GOING TO BE A VERY NEWSWORTHY CASE AND I THOUGHT IT BEST THAT WE MAKE A NOTIFICATION BEFORE THE PRESS DID.

287 Q:

HAVE YOU MEMORIZED THAT RESPONSE? THAT IS THE THIRD TIME YOU HAVE GIVEN IT TO US.

KEY QUOTE
288 MR. DARDEN:

OBJECTION, YOUR HONOR. THIS IS ARGUMENTATIVE.

289 THE COURT:

SUSTAINED. THE JURY IS TO DISREGARD THAT LAST ANSWER.

290 Q:

BY MR. SHAPIRO: IS THAT THE VERBATIM RESPONSE YOU GAVE AT THE PRELIMINARY HEARING?

291 A:

I DON'T KNOW.

292 MR. DARDEN:

OBJECTION, YOUR HONOR. THAT IS STILL ARGUMENTATIVE.

293 THE COURT:

SUSTAINED. MR. SHAPIRO, WHEN I CAUTION ON YOU SOMETHING, I DON'T EXPECT THE NEXT QUESTION TO BE THE SAME THING.

294 MR. SHAPIRO:

THANK YOU, YOUR HONOR. I APOLOGIZE.

295 Q:

MY QUESTION WAS, WERE YOU CONCERNED WITH THE HEALTH AND WELFARE OF O.J. SIMPSON WHEN YOU WENT TO ROCKINGHAM?

296 A:

NOT UNTIL I GOT THERE. I MEAN, THERE IS ALWAYS A CONCERN, WHEN YOU HAVE RELATIVES, BUT NOT UNTIL OTHER CRITERIA WAS MET.

297 Q:

WELL, IN ORDER TO MAKE THIS NOTIFICATION NOW FOUR DETECTIVES ARRIVE AT ROCKINGHAM. BEFORE YOU WENT THERE, BECAUSE OF THESE CONCERNS, I TAKE IT YOU NOTIFIED THE COMMUNICATIONS DEPARTMENT AS TO WHERE YOU WERE GOING?

298 A:

NO.

299 Q:

BECAUSE OF YOUR CONCERNS ABOUT WELFARE, I TAKE IT THAT YOU CALLED FOR BLACK AND WHITES TO MEET YOU THERE?

300 A:

AFTER I GOT THERE I DID, YES.

301 Q:

UPON ARRIVAL YOU CALLED FOR BLACK AND WHITES?

302 A:

NO, AFTER -- AFTER OTHER CIRCUMSTANCES WERE MET.

303 Q:

HOW LONG DID IT TAKE FOR YOU TO CALL FOR BLACK AND WHITES?

304 A:

PROBABLY FIFTEEN, TWENTY MINUTES.

305 Q:

WHAT TIME DID YOU CALL FOR THE BLACK AND WHITES?

306 A:

I DIDN'T DO IT. I DON'T KNOW EXACTLY.

307 Q:

IS THAT RECORDED IN YOUR LOG SOMEWHERE?

308 A:

NO.

309 Q:

YOU TESTIFIED THAT FOR TEN TO FIFTEEN MINUTES FOUR DETECTIVES TOOK TURNS RINGING THE BUZZER TO -- THAT ACTIVATED A TELEPHONE THAT YOU COULD HEAR RINGING FROM OUTSIDE; IS THAT CORRECT, SIR?

310 A:

YES.

311 Q:

AND WOULD YOU SAY THAT THAT TELEPHONE RINGS FOR ABOUT A SECOND BEFORE ANOTHER RING COMES ON?

312 A:

WELL, I DON'T KNOW. THERE WERE FIVE OR SIX RINGS BEFORE IT STOPPED.

313 Q:

WOULD YOU SAY THAT SINCE YOU COULD HEAR IT OUTSIDE, IT WOULD BE YOUR OPINION THAT CLEARLY SOMEBODY COULD HEAR IT INSIDE, IF SOMEBODY WAS INSIDE; IS THAT CORRECT?

314 A:

YES.

315 Q:

AND WOULD YOU SAY THAT TEN TO FIFTEEN MINUTES IS A VERY LONG TIME TO RING SOMEONE?

316 A:

AT 5:00 IN THE MORNING? I DON'T KNOW. I DON'T KNOW WHETHER THAT IS OR NOT.

317 Q:

HAVE YOU EVER CALLED SOMEONE TO TRY TO GET SOMEONE ON THE TELEPHONE AND LET THE TELEPHONE RING FOR TEN TO FIFTEEN MINUTES?

318 A:

I DON'T THINK SO, NO. I DON'T KNOW FOR SURE.

319 Q:

AND THE FOUR DETECTIVES ARE NOW TAKING TURNS PUSHING THIS BUZZER DEVICE ON THE GATE?

320 A:

WELL, I THINK THERE WERE THREE OF US THAT RANG IT. I DON'T HAVE RECALL OF FUHRMAN RINGING THE BELL.

321 Q:

NOW, FUHRMAN'S ROLE IN COMING THERE WAS PURELY TO SHOW YOU HOW TO GET THERE. IS THAT YOUR STATEMENT?

322 MR. DARDEN:

OBJECTION. MISSTATES THE WITNESS' TESTIMONY.

323 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

324 DET. PHILIP VANNATTER:

NO.

325 Q:

BY MR. SHAPIRO: WAS HE COMING AS A BACK-UP UNIT FOR YOU?

326 A:

NO.

327 Q:

WAS HE COMING TO HELP YOU INVESTIGATE?

328 A:

NO.

329 Q:

WAS HE COMING TO INTRODUCE YOU TO MR. SIMPSON?

330 A:

NO.

331 Q:

WAS HE COMING TO HELP YOU IN THE NOTIFICATION?

332 A:

HE WAS COMING -- WE WERE GOING TO MAKE THE NOTIFICATION AND HE WAS COMING TO ASSIST MR. SIMPSON IF HE NEEDED ASSISTANCE.

333 Q:

AND HE HAD VOLUNTEERED FOR THAT?

334 A:

NO. WE ASKED HIM TO ACCOMPANY US.

335 Q:

YOU ASKED HIM TO COME WITH YOU TO HELP MR. SIMPSON IN CASE MR. SIMPSON NEEDED SOME HELP; IS THAT CORRECT?

336 A:

THAT WAS PART OF THE REASONING, YES.

337 Q:

AND DETECTIVE PHILLIPS, WHY WAS HE COMING?

338 A:

SAME REASON.

339 Q:

HE WAS COMING TO SEE IF HE WOULD HELP MR. SIMPSON?

340 A:

YES.

341 Q:

AND WHERE IN YOUR REPORTS DID YOU INDICATE THAT THIS WAS YOUR STATE OF MIND, SIR?

342 A:

I DON'T KNOW THAT I DID.

343 Q:

AND WHERE IN YOUR PREVIOUS TESTIMONY BEFORE THE GRAND JURY DID YOU INDICATE THIS WAS YOUR PREVIOUS STATE OF MIND, SIR?

344 A:

I THINK I TESTIFIED THEY WERE THERE TO ASSIST US.

345 Q:

AND WHERE IN YOUR PREVIOUS TESTIMONY UNDER OATH AT A PRELIMINARY HEARING DID YOU INDICATE THE REASON THEY WERE COMING WAS TO HELP MR. SIMPSON, SIR?

346 A:

I AGAIN TESTIFIED THEY WERE THERE TO ASSIST US.

347 Q:

AFTER RINGING THE BELL FOR TEN OR FIFTEEN MINUTES, WHICH ACTIVATED A TELEPHONE THAT YOU CLEARLY HEARD RINGING, THEN YOU DECIDED TO TRY TO CALL MR. SIMPSON ON ANOTHER TELEPHONE?

348 A:

THAT WAS -- YES. AFTER -- AFTER NOTICING THAT THE PLACE HAD PRIVATE SECURITY, REQUESTED THAT -- THAT WE GET A TELEPHONE NUMBER FROM THEM, YES.

349 Q:

HOW WOULD THIS ASSIST YOU IF THE TELEPHONE THAT WAS CURRENTLY RINGING WAS NOT BEING OF ANY VALUE?

350 A:

WE WERE TRYING ANYTHING TO MAKE CONTACT WITH -- WITHIN THE RESIDENCE.

351 Q:

AND AS A POLICEMAN DO YOU HAVE THE ABILITY TO GET THE PHONE NUMBERS OF RESIDENTS OF HOMES?

352 A:

SOMETIMES; NOT ALL THE TIME.

353 Q:

DO YOU HAVE -- DID YOU ATTEMPT TO GET THE PHONE NUMBER OF O.J. SIMPSON THROUGH POLICE CHANNELS?

354 A:

YES.

355 Q:

WHAT POLICE CHANNELS DID YOU USE?

356 A:

CONTACTED THE WATCH COMMANDER AND ASKED HIM TO CONTACT WESTEC SECURITY TO SEE IF THEY HAD A PHONE NUMBER FOR HIM.

357 Q:

WHAT ABOUT THE TELEPHONE COMPANY? DID ANYBODY THINK OF CALLING THE TELEPHONE COMPANY?

358 A:

WELL, IF IT IS A PUBLISHED NUMBER, YOU CAN GET IT. IF IT IS NON-PUBLISHED, YOU CANNOT GET IT.

359 Q:

EVEN POLICEMEN CAN'T GET THAT?

360 A:

THAT'S CORRECT.

361 Q:

SO IF YOU CALLED UP THE SUPERVISOR AT THE TELEPHONE COMPANY THAT SERVICES THAT AREA AND SAID, "THIS IS AN EMERGENCY SITUATION," IDENTIFIED YOURSELF, "WE HAVE TO GET IN TOUCH WITH MR. SIMPSON, CAN YOU GET THE PHONE NUMBER," THEY WOULD NOT BE ABLE TO HELP YOU?

362 A:

THEY WOULD TELL YOU TO GET A SEARCH WARRANT IF IT WAS A NON-PUBLISHED NUMBER.

363 Q:

FOR AN EMERGENCY?

364 A:

FOR ANYTHING.

365 Q:

AND CONTACTING WESTEC, DID YOU ASK THEM TO COME OUT TO THE LOCATION?

366 A:

I DIDN'T CONTACT THEM. I THINK THE THRUST OF IT WAS TO ATTEMPT TO FIND OUT IF THERE WAS ANY TRAVEL PLANS AND IF -- AND IF THEY HAD A PHONE NUMBER.

367 Q:

DID ANYBODY ASK WESTEC TO COME OUT TO THE LOCATION?

368 A:

I DON'T KNOW THAT.

369 Q:

DID ANYBODY CHECK WITH WESTEC AS TO WHETHER IT WAS MR. SIMPSON'S HABIT AND CUSTOM TO NOTIFY WESTEC EVERY TIME HE WENT OUT OF TOWN?

370 A:

NOT TO MY KNOWLEDGE.

371 Q:

YOU EVENTUALLY GOT ANOTHER NUMBER THAT RANG WITH THE SAME TYPE OF RINGING THAT YOU WERE GETTING FROM THE FRONT DOOR; IS THAT CORRECT?

372 A:

FROM THE FRONT DOOR?

373 Q:

WELL, FROM THE -- I'M SORRY, FROM THE BUZZER OUTSIDE THE GATE?

374 A:

IT WAS A TELEPHONE NUMBER THAT RANG, YES.

375 Q:

AND IT WAS THE SAME TYPE OF RING THAT YOU HEARD WHEN YOU PRESSED THE BUTTON AT THE GATE?

376 A:

I DIDN'T MAKE THE PHONE CALL, BUT I WOULD SAY THAT WAS PROBABLY A GOOD ASSUMPTION, YES.

377 Q:

AND ARE YOU AWARE OF GETTING A RECORDING FROM AN ANSWERING MACHINE?

378 A:

I WAS TOLD THAT, YES.

379 Q:

AND YOU WERE TOLD THAT THE ANSWERING MACHINE SAID, "THIS IS O.J., I'M OUT OF TOWN, I WILL BE BACK ON MONDAY"?

380 A:

NO, I DON'T RECALL THAT. I JUST -- I WAS TOLD THAT THERE WAS AN ANSWER, SOMETHING TO THE EFFECT, "THIS IS O.J., I'M NOT HOME NOW," OR SOMETHING LIKE THAT.

381 Q:

YOU TESTIFIED AT THE GRAND JURY THAT THE ONLY RESPONSE THAT CAME ON THE MACHINE WAS "O.J." DO YOU RECALL THAT TESTIMONY?

382 A:

NO, I DON'T.

383 Q:

DID YOU TRY TO USE ANY TYPE OF BULLHORN TO GET MR. SIMPSON'S ATTENTION?

384 A:

NO, SIR.

385 Q:

DID YOU TRY TO FLASH ANY LIGHTS INTO THE HOUSE TO GET HIS ATTENTION?

386 A:

OTHER THAN SHINING MY FLASHLIGHT INTO THE DRIVEWAY, NO.

387 Q:

REGARDING THE LIGHTING OF THE DRIVEWAY, YOU TOLD US THAT THE FRONT DOOR WAS WELL-LIT WHEN YOU ARROVE -- ARRIVED; ISN'T THAT CORRECT?

388 A:

NO, I DIDN'T SAY THAT.

389 Q:

WERE THERE -- AREN'T THERE COACH LIGHTS ON THE FRONT DOOR?

390 A:

I DON'T KNOW THAT. I RECALL A LIGHT BEING ON TOWARD THE FRONT DOOR, SOMEPLACE INSIDE THE RESIDENCE, AND THEN TOWARD THE SOUTH SIDE OF THE HOUSE. AND THEN AS I RECALL, THERE WAS ONE ON UPSTAIRS. IT COULD HAVE BEEN THE SAME LIGHT THAT WAS ILLUMINATING UP AND DOWN.

391 Q:

HOW MANY TIMES HAVE YOU BEEN TO THAT LOCATION?

392 A:

TWICE.

393 Q:

HOW MANY TIMES HAVE YOU SEEN PHOTOGRAPHS OF THAT LOCATION?

394 A:

SEVERAL TIMES. I DON'T KNOW.

395 Q:

AND IT IS YOUR TESTIMONY THAT YOU DON'T KNOW WHETHER OR NOT THERE ARE COACH LIGHTS AT THE FRONT ENTRANCE?

396 A:

WELL, THAT IS A POSSIBILITY. I -- I DON'T RECALL RIGHT NOW THAT THERE ARE COACH LIGHTS THERE.

397 Q:

AND ISN'T IT TRUE, SIR, THAT THERE IS A HALOGEN STREET LIGHT AT THE ADJACENT CORNER OF ASHFORD AND ROCKINGHAM THAT COMPLETELY ILLUMINATES THE FRONT DOOR?

398 A:

NO, THAT WOULDN'T BE TRUE. THE FRONT DOOR IS RECESSED, AS I RECALL. THERE MAY BE A LIGHT THERE THAT ILLUMINATES PART OF THE DRIVEWAY, BUT THE FRONT DOOR ITSELF IS RECESSED.

399 Q:

DOES IT ILLUMINATE THE AREA WALKING IMMEDIATELY UP TO THE FRONT DOOR, THE BRICK AREA?

400 A:

I COULD SEE UP TO THE -- UP TO THE FRONT OF THE HOUSE, YES.

401 Q:

AND IT IS VERY BRIGHT IN THAT AREA BECAUSE OF THAT HALOGEN LIGHT, IS IT NOT?

402 A:

I -- I DON'T KNOW WHETHER IT IS REAL BRIGHT. I COULD SEE UP THERE.

403 Q:

SEE CLEARLY?

404 A:

I COULD SEE UP THERE. I COULD SEE THERE WAS NO ONE THERE.

405 Q:

NOW, AT ANY TIME DID YOU GIVE ANY DIRECTIONS TO DETECTIVE FUHRMAN TO CONDUCT AN INVESTIGATION OUTSIDE THE RESIDENCE?

406 A:

NO.

407 Q:

YOU ARE IN CHARGE; IS THAT CORRECT?

408 A:

I'M ONE OF THE PEOPLE IN CHARGE, YES.

409 Q:

DETECTIVE LANGE?

410 A:

YES.

411 Q:

AND THE OTHER PEOPLE ARE THERE ONLY TO ASSIST YOU?

412 A:

YES.

413 Q:

THEY ARE WORKING AT YOUR DIRECTION NOW?

414 A:

THEY ARE EXPERIENCED POLICE OFFICERS. THEY -- THEY DON'T NECESSARILY WORK AT MY DIRECTION.

415 Q:

WELL, YOU WOULD NOT ALLOW THEM TO INDEPENDENTLY DO ANYTHING AT THE BUNDY CRIME SCENE, WOULD YOU?

416 A:

I DON'T KNOW WHAT YOU MEAN BY THAT. INDEPENDENTLY DO --

417 Q:

ANY TYPE OF INVESTIGATION AT THE CRIME SCENE. WHAT THEY WERE ALLOWED TO DO WAS STAND IN THE STREET AND WAIT FOR YOU TO COME UP; ISN'T THAT CORRECT?

418 A:

I WASN'T THERE. THAT WAS NOT MY ORDER.

419 Q:

AND SO THEREFORE YOU WOULDN'T ALLOW THEM TO DO ANYTHING AT THE ROCKINGHAM CRIME SCENE, WOULD YOU, WITHOUT YOUR DIRECTION?

420 A:

THAT IS NOT TRUE. THEY ARE EXPERIENCED POLICE OFFICERS.

421 Q:

SO THEY CAN DO WHATEVER THEY WANT?

422 A:

NO, NO. THAT IS MISREADING. EXPERIENCED POLICE OFFICERS HAVE THE ABILITY TO WORK, WITHOUT DIRECT SUPERVISION, AT ALL TIMES.

423 Q:

SO IN YOUR OPINION MARK FUHRMAN COULD DO WHATEVER HE WANTED BASED ON HIS EXPERIENCE AT THE ROCKINGHAM SCENE?

424 A:

ASK ME THAT AGAIN, PLEASE.

425 Q:

BASED ON MARK FUHRMAN'S EXPERIENCE AS A DETECTIVE, WHICH YOU ARE UNAWARE OF, HE HAD THE IMPLICIT PERMISSION FROM YOU TO DO ANY INVESTIGATION HE WANTED AT THE ROCKINGHAM LOCATION?

426 A:

WELL, I THINK THE FOUR OF US WERE WORKING, YES; WE ARE ALL POLICE OFFICERS.

427 Q:

I WANT TO MAKE SURE I HAVE YOUR ANSWER CORRECTLY, THAT MARK FUHRMAN HAD THE INDEPENDENT RIGHT TO DO ANY INVESTIGATION HE WANTED AT THE ROCKINGHAM CRIME SCENE?

428 MR. DARDEN:

OBJECTION TO THE FORM OF THE QUESTION.

429 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

430 Q:

BY MR. SHAPIRO: WAS IT YOUR STATE OF MIND, AS ONE OF THE TWO LEAD DETECTIVES, THAT MARK FUHRMAN HAD THE RIGHT, BASED ON THE FACT THAT HE WAS A DETECTIVE, TO DO AN INDEPENDENT INVESTIGATION AT ROCKINGHAM?

431 MR. DARDEN:

OBJECTION, LEGAL CONCLUSION.

432 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

433 MR. SHAPIRO:

PERHAPS YOUR HONOR COULD --

434 THE COURT:

THE PROBLEM HERE IS "INDEPENDENT."

435 Q:

BY MR. SHAPIRO: DID DETECTIVE FUHRMAN HAVE THE RIGHT TO CONDUCT AN INVESTIGATION AT ROCKINGHAM WITHOUT YOUR PRECISE DIRECTION?

436 A:

OF COURSE HE DID. HE IS A LOS ANGELES POLICE OFFICER.

437 Q:

AND THAT IS WHAT HE DID, ISN'T IT?

438 A:

YES.

439 Q:

EVEN THOUGH HE HAD BEEN REMOVED FROM THIS CASE AND TOLD BY YOU THAT THE ONLY THING HE COULD DO AT BUNDY WAS TO SECURE THE SCENE AND STAY OUTSIDE, NOW AT ROCKINGHAM HE CAN DO WHATEVER HE WANTS?

440 MR. DARDEN:

OBJECTION, MISSTATES THE TESTIMONY.

441 THE COURT:

SUSTAINED.

442 Q:

BY MR. SHAPIRO: HE IS FREE TO CONDUCT AN INVESTIGATION AT ROCKINGHAM; IS THAT CORRECT?

443 A:

HE IS THERE TO ASSIST ME IN THE INVESTIGATION, YES.

444 Q:

DID YOU HEAR HIS TESTIMONY, SIR?

445 A:

YES, I DID.

446 Q:

DID YOU HEAR HIM TESTIFY THAT WHILE YOU GUYS WERE RINGING THE DOOR HE DECIDED JUST TO TAKE A WALK DOWN ROCKINGHAM?

447 A:

YES.

448 Q:

WAS THAT SOMETHING THAT YOU ASKED HIM TO DO?

449 A:

NO, BUT I DON'T HAVE HIM ON A LEASH EITHER. HE IS A CAPABLE MAN. HE IS CAPABLE OF WALKING AROUND AND I DON'T FOLLOW HIM AT ALL TIMES.

KEY QUOTE
450 Q:

ISN'T HE THERE TO HELP YOU?

451 A:

THAT WAS PART OF HIS -- PART OF HIS ASSISTANCE AT THAT POINT.

452 Q:

JUST WALKING AROUND?

453 A:

SURE.

454 Q:

TAKING A LITTLE WALK?

455 A:

SURE. WHY NOT? I DID, TOO.

456 Q:

I THOUGHT THIS WAS -- BECAME A SITUATION WHERE YOU WERE REALLY CONCERNED ABOUT PEOPLE'S WELFARE?

457 A:

THIS WAS A SITUATION I WAS CONCERNED ABOUT PEOPLE'S WELFARE.

458 Q:

ISN'T IT INCONSISTENT, IF YOU ARE CONCERNED ABOUT PEOPLE'S WELFARE, THAT YOU WILL JUST SIMPLY TAKE A WALK?

459 A:

WELL, I'M NOT SURE THAT HE SIMPLY TOOK A WALK. HE WALKED DOWN TOWARD THE ROCKFORD GATE, OR I'M SORRY, ROCKINGHAM GATE. I DON'T KNOW WHAT HIS STATE OF MIND WAS WHEN HE WAS WALKING DOWN THROUGH THERE.

460 Q:

DID HE CALL YOU OVER TO THE BRONCO?

461 A:

HE DID AT ONE POINT, YES.

462 Q:

HOW DID HE DO THAT?

463 A:

I WAS STANDING IN THE INTERSECTION OR NEAR THE INTERSECTION OF ASHFORD AND ROCKINGHAM AND I SAW HIM WALK A LITTLE WAY TOWARD ME FROM THE VEHICLE AND CALL, "HEY, PHIL, COME OVER HERE."

464 Q:

WHAT WERE YOU DOING STANDING IN THE INTERSECTION?

465 A:

I WAS STANDING ADJACENT OR CLOSE TO DETECTIVE PHILLIPS WHO WAS TALKING WITH ONE OF THE WESTEC PEOPLE.

466 Q:

WHERE WAS DETECTIVE LANGE?

467 A:

I BELIEVE HE WAS -- BELIEVE HE WAS BETWEEN ME AND THE INTERSECTION AND THE ASHFORD GATE AT THAT TIME.

468 Q:

SO YOU HAD ABANDONED YOUR ATTEMPTS TO TRY TO GET IN?

469 A:

NO. WE WERE -- WE ARE WERE WORKING WITH WESTEC TRYING TO GET ADDITIONAL INFORMATION AT THAT POINT.

470 Q:

WHAT INFORMATION WERE YOU TRYING TO GET FROM WESTEC?

471 A:

IF THERE WERE TRAVEL PLANS, IF THEY KNEW WHETHER THERE WAS ANYONE HOME, IF THEY HAD ACCESS TO THE LOCATION.

472 Q:

AND YOU HAD TO WAIT FOR SOMEBODY FROM WESTEC TO COME OUT? COULDN'T YOU GET THAT VIA YOUR POLICE RADIO AND COMMUNICATIONS SYSTEM?

473 A:

COULD I HAVE?

474 Q:

YEAH.

475 A:

WELL, I DON'T KNOW. WHILE WE WERE TRYING TO SECURE THAT THROUGH THE WATCH COMMANDER, A WESTEC UNIT DROVE UP JUST -- JUST DROVE BY THE LOCATION.

476 Q:

COINCIDENTALLY, HUM?

477 A:

COINCIDENTALLY HE DROVE BY AND WE STOPPED HIM.

478 Q:

HAD THE BLACK AND WHITE ARRIVED AT THAT TIME?

479 A:

I BELIEVE IT WAS IN THE SAME TIME FRAME THAT THE BLACK AND WHITE ARRIVED, YES.

480 Q:

WHEN YOU DROVE UP TO ROCKINGHAM, DID YOU NOTICE THE BRONCO INITIALLY?

481 A:

I SAW THE CAR PARKED, YES.

482 Q:

DID YOU SEE IT PARKED UNUSUALLY?

483 A:

LOOKED LIKE IT WAS HASTILY PARKED.

484 Q:

HASTILY PARKED?

485 A:

YEAH.

486 Q:

DO YOU FIND THAT PEOPLE WHO LOCK CARS HASTILY PARK CARS?

487 A:

THAT IS SUBJECTIVE, TOO. I GUESS -- I GUESS THAT COULD BE A YES OR NO EITHER WAY.

488 Q:

HOW FAR FROM THE CURB WAS THE FRONT WHEEL OF THE CAR -- OF THE VEHICLE? IT IS A TRUCK-LIKE VEHICLE?

489 A:

CLOSER THAN THE REAR WHEEL.

490 Q:

WHAT IS THE DIFFERENCE? A COUPLE INCHES?

491 A:

I DON'T KNOW.

492 Q:

DID YOU MEASURE IT?

493 A:

NO.

494 Q:

DID YOU ASK ANYBODY TO MEASURE IT?

495 (NO AUDIBLE RESPONSE.)
496 Q:

TO THIS DAY FROM YOUR PHOTOGRAPHS?

497 A:

NO, NO.

498 Q:

ISN'T IT TRUE, SIR, THAT THE CURB AREA WHERE THERE IS CONCRETE IS ONE FOOT?

499 A:

THAT IS A POSSIBILITY.

500 Q:

AND THAT THE TIRES ON THE FRONT AND THE BACK ARE BOTH TOUCHING THAT AREA?

501 A:

AS I RECALL FROM THE PICTURE, THE TIRE IN THE BACK IS SITTING ON THE ASPHALT PORTION OF THE STREET.

502 Q:

HOW CLOSE IS IT TO THE CONCRETE?

503 A:

I DON'T KNOW.

504 Q:

THE FACT THAT IT WAS HASTILY PARKED, DID THAT CAUSE YOU ANY CONCERN?

505 A:

NOT AT THAT POINT, NO.

506 Q:

IT IS SOMETHING YOU OBSERVED AS A POLICEMAN?

507 A:

SOMETHING I -- I WAS DRIVING THE CAR. I WOULD HAVE EITHER HAD TO SEE THE CAR OR PROBABLY RUN INTO THE CAR, YEAH.

508 Q:

HAVE YOU DESCRIBED THAT AS THE REAR END JUTTING OUT MORE THAN THE FRONT IN ANY OFFICIAL REPORTS?

509 A:

PROBABLY.

510 Q:

AND DO YOU THINK THAT IS A FAIR DESCRIPTION?

511 A:

WELL, I THINK THE REAR END WAS STICKING OUT FARTHER THAN THE FRONT END, YES.

512 Q:

DID MARK FUHRMAN HAVE A FLASHLIGHT WHEN HE WAS OVER AT THE BRONCO?

513 A:

MARK FUHRMAN CARRIED A FLASHLIGHT ON HIS BELT, YES.

514 Q:

WHAT KIND OF FLASHLIGHT?

515 A:

A SMALL STREAM LIGHT.

516 Q:

WHAT SIZE?

517 A:

A SMALL STREAM LIGHT. IT WAS CARRIED IN A LITTLE LEATHER HOLDER ON HIS BELT.

518 Q:

WHEN YOU HAD A MORE POWERFUL FLASHLIGHT?

519 A:

YES.

520 Q:

DID HE TALK TO YOU WHEN HE ASKED YOU TO COME OVER TO THE BRONCO?

521 A:

HE DID WHEN I GOT THERE, YEAH.

522 Q:

DID HE SIGNAL YOU OVER IN ANY WAY?

523 A:

NO. HE CALLED ME OVER.

524 Q:

WHAT DID HE SAY?

525 A:

"HEY, PHIL, COME HERE. I WANT TO SHOW YOU SOMETHING."

526 Q:

WHAT DID HE SHOW YOU?

527 A:

HE SHOWED ME A SPOT ABOVE THE DOOR HANDLE.

KEY QUOTE
528 Q:

THAT IS THE FIRST THING HE SHOWED YOU?

529 A:

WELL, I HAD BEEN THERE PREVIOUSLY.

530 Q:

IS THAT THE FIRST THING MARK FUHRMAN SHOWED YOU, YES OR NO, AT THE BRONCO?

531 A:

AT WHAT POINT, SIR?

532 Q:

THE TIME YOU WERE AT ROCKINGHAM IS THE FIRST THING THAT MARK FUHRMAN SHOWS YOU A SPOT OF BLOOD?

533 A:

NO.

534 Q:

WHAT IS THE FIRST THING MARK FUHRMAN SHOWS YOU?

535 A:

I WALKED OVER THERE PREVIOUSLY. MARK FUHRMAN WAS THERE. I SAW -- HE SHINED A LIGHT AND I SHINED MY LIGHT INTO THE BACK OF THE VEHICLE AND THEN I WALKED BACK TOWARD THE INTERSECTION AND THAT IS WHEN HE CALLED ME BACK.

536 Q:

DID HE SHOW YOU INTO THE BACK OF THE VEHICLE -- DID HE DIRECT YOUR ATTENTION TO THE BACK OF THE VEHICLE AND TELL YOU TO LOOK AT SOMETHING OR IS IT YOUR TESTIMONY THAT BOTH OF YOU SIMULTANEOUSLY WERE AT THE BACK OF THE VEHICLE, BOTH HAD YOUR FLASHLIGHTS AND BOTH LOOKED IN AND SAW THE SAME THING AT THE SAME TIME? IS THAT YOUR TESTIMONY, SIR?

537 A:

NO. HE DIRECTED ME TO LOOK IN THE BACK OF THE VEHICLE.

538 Q:

WHAT DID HE DO WHEN -- WHAT DID HE SAY TO YOU WHEN HE CAME OVER?

539 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)
540 DET. PHILIP VANNATTER:

I REALLY DON'T RECALL THE CONVERSATION OTHER THAN HE DIRECTED ME TO LOOK IN THE BACK OF THE VEHICLE, AND AS I WALKED UP I SAW A PIECE OF WOOD LYING ON THE PARKWAY.

541 MR. SHAPIRO:

JUST EXCUSE ME FOR ONE MOMENT.

542 (BRIEF PAUSE.)
543 Q:

BY MR. SHAPIRO: AND WHAT DID YOU SEE WHEN YOU FIRST LOOKED INTO THAT VEHICLE?

544 (NO AUDIBLE RESPONSE.)
545 Q:

FROM THE REAR WINDOW?

546 A:

I SAW A PACKAGE I BELIEVE ADDRESSED TO ORENTHAL PRODUCTIONS OR SOMETHING LIKE THAT.

547 Q:

OR SOMETHING LIKE THAT?

548 A:

WELL, I DON'T RECALL THE ACTUAL -- ACTUAL ADDRESS. IT WAS ORENTHAL PRODUCTIONS OR O.J. SIMPSON PRODUCTIONS OR SOMETHING LIKE THAT.

549 Q:

DIDN'T YOU MAKE A BIG POINT OF SAYING IT WAS ORENTHAL PRODUCTIONS AND YOU KNEW THAT MEANT O.J. SIMPSON?

550 A:

WELL, I KNEW THAT MEANT O.J. SIMPSON, YES.

551 Q:

AND I TAKE IT YOU HAVE -- YOU TOOK THAT AS PART OF THE EVIDENCE IN THIS CASE?

552 A:

WELL, THE ENTIRE CAR WAS IMPOUNDED WITH IT IN IT, YES.

553 Q:

SO THAT PACKAGE IS IN EVIDENCE?

554 A:

I DON'T KNOW THAT.

555 Q:

YOU WOULD ASSUME THAT IT IS IN EVIDENCE?

556 A:

WELL, THE ENTIRE CAR WAS IMPOUNDED, YES.

557 Q:

AND EVERYTHING IN IT SHOULD BE IN EVIDENCE THEN; IS THAT CORRECT?

558 (NO AUDIBLE RESPONSE.)
559 Q:

DID YOU SEE ANYTHING ELSE AT THAT TIME IN THE BACK OF THE CAR?

560 A:

YES.

561 Q:

WHAT DID YOU SEE?

562 A:

A SHOVEL AND A PIECE OF PLASTIC, WHAT APPEARED TO BE A FOLDED UP PIECE A PLASTIC AND A WHITE CLOTH.

563 Q:

LET ME SHOW YOU, DETECTIVE LANGE, IN YOUR REPORT AGAIN THAT WAS --

564 THE COURT:

DETECTIVE VANNATTER.

565 MR. SHAPIRO:

I'M SORRY?

566 THE COURT:

DETECTIVE VANNATTER.

567 MR. SHAPIRO:

I SAID DETECTIVE LANGE AND HIS REPORT

568 THE COURT:

I'M SORRY, I MISHEARD YOU.

569 MR. SHAPIRO:

HE IS DETECTIVE VANNATTER.

570 THE COURT:

I THOUGHT YOU WERE ADDRESSING HIM AS DETECTIVE LANGE.

571 MR. SHAPIRO:

NO, NO, THAT IS DETECTIVE LANGE.

572 THE COURT:

YES, I RECOGNIZE HIM.

573 Q:

BY MR. SHAPIRO: ALL RIGHT. I WANT TO DIRECT YOU TO THE REPORT THAT YOU HAVE TALKED ABOUT BEFORE, THAT IS THE FOLLOW-UP REPORT, AND ASK YOU TO TELL US WHERE IN THAT REPORT IT INDICATES THAT YOU OBSERVED THE SHOVEL IN THE BACK OF THE BRONCO?

574 A:

I THINK WE'VE HAD THIS DISCUSSION PREVIOUSLY. IT DOESN'T.

575 Q:

AND YOU KIND OF SAY THAT LIKE LAUGHING. IS SOMETHING FUNNY ABOUT IT NOT BEING IN THERE?

576 A:

NOTHING AT ALL, SIR. IT ISN'T IN THERE.

577 Q:

IS THERE ANYTHING FUNNY ABOUT THIS EXAMINATION?

578 A:

NOTHING WHATSOEVER.

579 Q:

DID YOU FIND ANY PLASTIC? DID YOU INDICATE IN YOUR REPORT THERE WAS ANY PLASTIC IN THERE?

580 A:

NO.

581 Q:

THOSE ARE IMPORTANT THINGS FOR OBSERVATIONS FOR A DETAILED REPORT, AREN'T THEY?

582 A:

IF THEY ARE IMPORTANT TO THE CASE, YES.

583 Q:

IN FACT, YOU INDICATED IN THAT REPORT AT THAT TIME DETECTIVE FUHRMAN SHOWED YOU BLOOD?

584 A:

THAT IS WHAT THE REPORT SAYS, YES.

585 Q:

THAT IS NOT TRUE, IS IT?

586 A:

WELL, I WAS THERE TWICE. HE SHOWED ME BLOOD AT ONE POINT, YES.

587 Q:

BUT THE REPORT IS NOT ACCURATE AND IS NOT CONSISTENT WITH WHAT YOU HAVE JUST TOLD US, IS IT?

588 A:

THE REPORT IS AN OVERVIEW OF THE INVESTIGATION. IT IS NOT A SECOND BY SECOND ACCOUNT OF WHAT OCCURRED.

589 Q:

WELL, IT IS SECOND BY SECOND. THERE ARE CRUCIAL THINGS THAT ARE NOT INCLUDED IN THIS REPORT THAT YOU TESTIFIED TO; IS THAT CORRECT?

590 A:

THAT'S POSSIBLE, YES.

591 Q:

AND YOU TOLD US EARLIER THAT WHEN YOU WROTE THIS REPORT IT WAS AN ACCURATE REPORT AND THERE WERE NO ERRORS OR OMISSIONS IN THE REPORT, DID YOU NOT?

592 MR. DARDEN:

OBJECTION, MISSTATES THE TESTIMONY.

593 THE COURT:

SUSTAINED.

594 Q:

BY MR. SHAPIRO: DID YOU ASK DETECTIVE PHILLIPS TO LOOK AROUND THAT TRUCK TO SEE IF HE COULD FIND ANY EVIDENCE?

595 A:

DETECTIVE PHILLIPS? NO, I DID NOT.

596 Q:

DID YOU ASK DETECTIVE FUHRMAN TO LOOK AROUND THAT TRUCK TO SEE IF COULD HE FIND ANY EVIDENCE?

597 A:

NO.

598 Q:

DID YOU ASK DETECTIVE LANGE TO LOOK AROUND THAT TRUCK?

599 A:

NO.

600 Q:

DID YOU LOOK AROUND THAT TRUCK?

601 A:

YES.

602 Q:

AFTER YOU WERE DIRECTED BY SOMEONE ELSE?

603 A:

WELL, I WALKED DOWN THERE FIRST AND THEN WAS CALLED OVER TO THE TRUCK, YES.

604 Q:

SO WHAT YOU ARE TELLING ME IS THERE ARE FOUR DETECTIVES, TWO LEAD DETECTIVES THAT ARE THERE, AND NONE OF YOU EXAMINED THE TRUCK, WITH THE EXCEPTION OF DETECTIVE MARK FUHRMAN; IS THAT CORRECT?

605 A:

HE WAS THE FIRST ONE THAT DID, YES.

606 Q:

AND HE IS THE ONE WHO DISCOVERED THE BLOOD DROP ON THE DOOR HANDLE?

607 A:

THAT'S CORRECT, YES.

608 Q:

NOW, YOU HEARD HIM TESTIFY THAT THERE WERE BLOOD SMEARS ON THE BOTTOM OF THE DOOR, DIDN'T YOU?

609 A:

I DID, YES.

610 Q:

DID YOU SEE THOSE?

611 A:

I DID AT A LATER TIME. I DON'T RECALL HIM SHOWING THEM TO ME THAT NIGHT.

612 Q:

YOU PREVIOUSLY TESTIFIED YOU DIDN'T SEE THEM, HAVEN'T YOU?

613 A:

WELL, I SAW A REPORT THAT WAS DONE BY THE CRIMINALIST. I DON'T RECALL SEEING THEM THAT -- THAT EVENING OR THAT MORNING.

614 Q:

IN FACT, YOU PREVIOUSLY TESTIFIED YOU DIDN'T SEE ANY BLOOD ON THE BOTTOM OF THE BRONCO, DIDN'T YOU?

615 A:

THAT I DIDN'T?

616 Q:

DID NOT?

617 A:

I -- I DON'T RECALL SEEING ANY BLOOD ON THE BOTTOM OF THE BRONCO.

618 Q:

AND WHERE IN YOUR REPORT DID YOU INDICATE THAT THERE WAS -- IN ADDITION TO A SPOT ON THE DOOR HANDLE, THAT THERE WAS BLOOD ON THE BOTTOM OF THE BRONCO, SIR?

619 A:

WHERE DID I INDICATE THAT?

620 Q:

YES.

621 MR. DARDEN:

OBJECTION. IT IS ARGUMENTATIVE, YOUR HONOR.

622 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

623 Q:

BY MR. SHAPIRO: DID YOU INDICATE IT IN YOUR REPORT?

624 A:

I DON'T KNOW. I WOULD -- I WOULD HAVE TO READ THE ENTIRE REPORT TO TELL YOU THAT.

625 Q:

WELL, I DON'T WANT TO INTERRUPT THE VALUABLE JURY TIME NOW. MAYBE YOU CAN DO THAT TONIGHT AND READ THAT REPORT AND GIVE US THAT ANSWER TOMORROW. WE WILL GO ON TO SOMETHING ELSE.

626 MR. DARDEN:

OBJECTION AND A MOTION TO STRIKE.

627 THE COURT:

THE JURY IS TO DISREGARD THE COMMENT.

628 (BRIEF PAUSE.)
629 Q:

BY MR. SHAPIRO: THE TIME SEQUENCE OF ARRIVING AT ROCKINGHAM WAS AT ABOUT 5:05?

630 A:

BETWEEN 5:05 AND 5:10, YES.

631 Q:

AND YOU WENT TO THE FRONT GATE ON ASHFORD AND RANG THE BELL FOR TEN TO FIFTEEN MINUTES?

632 A:

THAT'S CORRECT.

633 Q:

THAT TAKES YOU TO ABOUT 5:20 OR 5:25?

634 A:

APPROXIMATELY, YES.

635 Q:

AND AT THAT POINT IN TIME DETECTIVE FUHRMAN STARTS TO WALK AWAY FROM YOUR GROUP?

636 A:

AT WHAT POINT IN TIME?

637 Q:

WELL, I'M GOING TO ASK YOU. AT WHAT POINT IN TIME DOES DETECTIVE FUHRMAN START TO WALK AWAY FROM THE GROUP?

638 A:

WELL, WE WERE ALL MOVING AROUND THERE. WE AREN'T STANDING IN A REAL TIGHT CLUSTER. WE WERE ALL MOVING AROUND.

639 Q:

WELL, BUT HE WENT DOWN ROCKINGHAM?

640 A:

YES, HE DID. AT ONE POINT I BELIEVE WHEN WE ORIGINALLY STOPPED THE FIRST WESTEC UNIT I SAW HIM WALKING DOWN THE STREET.

641 Q:

WHAT TIME WAS THAT?

642 A:

THAT WOULD HAVE PROBABLY BEEN AROUND 5:30 IN THE MORNING, 5:25, 5:30.

643 Q:

THAT HE FIRST WALKED TOWARDS THE BRONCO?

644 A:

THAT I SAW HIM, YES.

645 Q:

AND THE FIRST TIME THAT YOU LOOKED IN THE BRONCO WAS WHAT TIME?

646 A:

JUST SHORTLY AFTER THAT I WALKED DOWN THERE.

647 Q:

GIVE US AN ESTIMATE.

648 A:

5:25, 5:30.

649 Q:

AND THEN YOU CAME BACK?

650 A:

THEN I WALKED BACK TOWARD WHERE THE WESTEC UNIT WAS WITH DETECTIVE PHILLIPS.

651 Q:

AND HOW LONG DID YOU SPEND THERE?

652 A:

A SHORT TIME. HE MADE A PHONE CALL INSIDE THE RESIDENCE AND TOLD ME THAT HE HAD GOTTEN AN ANSWERPHONE.

653 Q:

IS THAT WHEN YOU WERE TRYING TO LOCATE O.J. SIMPSON?

654 A:

STILL TRYING TO THIS ENTIRE TIME, YES.

655 Q:

AND WHY DIDN'T YOU ASK WESTEC FOR AN EMERGENCY NUMBER FOR O.J.?

656 A:

WELL, I THINK THAT WAS THE PURPOSE OF US ASKING THEM.

657 Q:

DIDN'T THEY HAVE IN CASE OF EMERGENCY TO CONTACT HIS SECRETARY?

658 A:

I DON'T KNOW THAT. I DON'T KNOW.

659 Q:

BECAUSE YOU DIDN'T ASK, RIGHT?

660 A:

I DIDN'T ASK, NO.

661 Q:

YOU DIDN'T ASK ANYONE TO ASK?

662 A:

I DIDN'T EVEN KNOW THAT HE HAD A SECRETARY.

663 Q:

AND NOBODY THOUGHT OF THAT QUESTION, DID THEY?

664 A:

I DON'T THINK THAT WAS ASKED, NOT TO MY KNOWLEDGE.

665 Q:

THEN YOU WENT BACK THE SECOND TIME TO LOOK AT THE BRONCO?

666 A:

I WAS CALLED BACK, YES.

667 Q:

WHAT TIME WAS THAT?

668 A:

AROUND 5:30.

669 Q:

AND HOW LONG DID YOU SPEND AT THE BRONCO AT THAT TIME?

670 A:

NOT VERY LONG. A SHORT TIME. WE SPOKE. MAYBE FIVE MINUTES. I DON'T KNOW.

671 Q:

THAT TAKES YOU TO 5:35?

672 A:

APPROXIMATELY, YEAH.

673 Q:

AND WHEN YOU SAW THAT LITTLE SPECK, I TAKE IT AT THAT POINT IN TIME YOU WANTED TO CHECK THE ENTIRE BRONCO TO SEE IF THERE WAS ANY OTHER BLOOD OR ANY OTHER POSSIBLE EVIDENCE, DID YOU NOT?

674 A:

AT THAT POINT I WAS BECOMING VERY CONCERNED ABOUT THE LOCATION AND I COULD SEE THAT THE VEHICLE WAS LOCKED AND MY CONCERN AT THAT POINT WAS THAT MAYBE I HAD ANOTHER CRIME SCENE OR SOMEONE INJURED OR HURT.

675 Q:

HOW COULD YOU SEE THE VEHICLE WAS LOCKED?

676 A:

YOU COULD SEE THE LOCK KNOBS ON THE DOOR.

677 Q:

WHAT ABOUT THE REAR GATE LATCH? DID YOU CHECK THAT?

678 A:

NO, I DID NOT.

679 Q:

SO YOU DON'T KNOW IF THAT WAS OPENED OR LOCKED, DID YOU?

680 A:

NO, I DON'T.

681 Q:

WHAT WAS THE DIFFERENCE WHETHER THE VEHICLE WAS LOCKED OR NOT?

682 A:

WELL, I WAS --

683 Q:

DID YOU WANT TO GET INTO IT?

684 A:

NO, NOT AT THAT POINT.

685 Q:

YOU HAD NO -- YOU HAD JUST COME FROM A BLOODY CRIME SCENE, YOU WERE NOW AT THE HOME OF SOMEBODY WHO HAD PREVIOUSLY BEEN INVOLVED IN DOMESTIC VIOLENCE SITUATIONS, YOU SEE A SHOVEL IN THE BACK AND BLOOD ON THE CAR AND DO YOU NOT WANT TO LOOK IN THAT CAR? IS THAT YOUR TESTIMONY, SIR?

686 A:

NO. MY TESTIMONY IS I WAS CONCERNED WITH ANY POSSIBLE OCCUPANTS THAT MAY BE AT THE HOME.

687 Q:

YOU HAVE ALREADY TOLD US THAT. YOU WERE CONCERNED ABOUT O.J.'S WELFARE WHEN YOU SAW THAT, RIGHT?

688 A:

O.J. SIMPSON AND POSSIBLY A MAID THAT WAS SUPPOSED TO BE THERE, YES.

689 Q:

AND SO YOU VOICED THAT CONCERN TO THE WESTEC PEOPLE, DIDN'T YOU, AND SAY, "THIS IS AN EMERGENCY, WE HAVE GOT TO FIND O.J. AND THE MAID," DIDN'T YOU?

690 A:

I BELIEVE THAT WAS RELATED TO THEM BY DETECTIVE PHILLIPS, YES.

691 Q:

AND YOU ASKED THEM TO FIND AN EMERGENCY NUMBER SO COULD YOU FIND O.J. BECAUSE NOW AN EMERGENCY HAD DEVELOPED, DID YOU NOT?

692 A:

I DIDN'T, NO.

693 Q:

YOU ASKED OTHER OFFICERS TO DO THAT, DIDN'T YOU?

694 A:

I BELIEVE PHILLIPS WAS DOING THAT.

695 Q:

WAS DOING THAT?

696 A:

YEAH.

697 Q:

DO YOU HAVE ANY INFORMATION THAT HE DID DO THAT?

698 A:

PHILLIPS WAS TALKING WITH WESTEC. I DON'T KNOW THAT HE ASKED THEM FOR EMERGENCY NUMBERS. I DON'T EVEN KNOW THAT THEY HAVE -- TO THIS DAY THAT THEY HAVE AN EMERGENCY NUMBER ON THEM.

699 Q:

YOU HAVEN'T CHECKED THAT, HAVE YOU?

700 A:

NO, I HAVE NOT.

701 Q:

THAT WOULDN'T BE SOMETHING YOU WOULD WANT TO KNOW, IS IT?

702 A:

AT THIS POINT I -- I DON'T THINK SO.

703 MR. SHAPIRO:

YOUR HONOR, CAN YOU JUST TELL ME HOW LONG WOULD YOU LIKE ME TO CONTINUE? I HAVE A LOT MORE MATERIAL TO COVER.

704 THE COURT:

A LOT MORE?

705 MR. SHAPIRO:

YES.

706 THE COURT:

HOW ABOUT WE TALKED ABOUT TWO OTHER SUBJECT MATTER AREAS.

707 MR. SHAPIRO:

YES, BUT IT IS GOING TO TAKE AWHILE TO GET TO THOSE TWO SUBJECTS.

708 THE COURT:

WELL, I WOULD PREFER YOU GO AT LEAST TO QUARTER TILL.

709 MR. SHAPIRO:

THANK YOU, YOUR HONOR.

710 THE COURT:

THAT WILL GIVE US A FULL AFTERNOON SESSION.

711 MR. SHAPIRO:

THANK YOU. I APPRECIATE THAT, YOUR HONOR. THANK YOU.

712 Q:

I TAKE IT AT THAT POINT IN TIME YOU IMMEDIATELY CALLED THE COMMAND POST AND SAID, "WE HAVE A POTENTIAL EMERGENCY SIGNATURE HERE, WE ARE GOING IN"?

Temperature

tense

Key Quotes (5)

Philip Vannatter
I DON'T HAVE HIM ON A LEASH EITHER. HE IS A CAPABLE MAN. HE IS CAPABLE OF WALKING AROUND AND I DON'T FOLLOW HIM AT ALL TIMES.
Vannatter effectively concedes that Fuhrman acted independently at Rockingham without direction — a central defense argument that Fuhrman planted the glove during this unsupervised time.
Philip Vannatter
PHILLIPS STATED THAT VICTIM BROWN WAS THE EX-WIFE OF O.J. SIMPSON, A WELL-KNOWN ATHLETE ACTOR. ADDITIONALLY, PHILLIPS STATED THAT MR. SIMPSON AND VICTIM 1 HAD BEEN EMBROILED IN A PREVIOUS DOMESTIC VIOLENCE SITUATION, ONE OF THESE RESULTING IN THE ARREST OF MR. SIMPSON.
Reading from his own report reveals that detectives knew about domestic violence and Simpson's prior arrest before going to Rockingham — undermining Vannatter's claim they went purely for notification.
Philip Vannatter
HE SHOWED ME A SPOT ABOVE THE DOOR HANDLE.
Establishes that Fuhrman, not Vannatter or Lange, was the one who found and first showed lead detectives the blood evidence on the Bronco.
Robert Shapiro
HAVE YOU MEMORIZED THAT RESPONSE? THAT IS THE THIRD TIME YOU HAVE GIVEN IT TO US.
Shapiro publicly accuses Vannatter of reciting a rehearsed justification for going to Rockingham — Ito sustains the objection and orders the jury to disregard, but the point lands.
Philip Vannatter
I THINK I TESTIFIED EARLIER THAT THERE HAS BEEN DEATH REPORTS MADE ON BOTH VICTIMS AND MURDER REPORTS MADE ON BOTH VICTIMS... THERE IS THREE BOOKS FULL OF REPORTS.
Vannatter claims extensive documentation exists but cannot point to any specific report that covers the critical investigative decisions of the night — a recurring problem throughout this examination.

Evidence (5)

Informal
Murder follow-up report authored by Vannatter and Lange — the primary narrative account of June 12-13 investigation
Challenged extensively for omissions: no mention of shovel, plastic, or white cloth observed in Bronco; sequence of Fuhrman showing blood differs from report
Informal
O.J. Simpson's white Ford Bronco, parked on Rockingham — contents including a shovel, folded plastic, white cloth, and a package addressed to 'Orenthal Productions'
Discussed; contents Vannatter claims to have observed are largely absent from his written report
Informal
Crime scene log from Bundy — used to establish timeline of arrivals and departures
Discussed to calculate unaccounted time between Lange's arrival and departure for Rockingham
Informal
Grand jury testimony of Vannatter
Referenced for impeachment — Shapiro alleges Vannatter testified only 'O.J.' appeared on answering machine, contradicting current account
Informal
Preliminary hearing testimony of Vannatter
Referenced for impeachment — prior statement allegedly said no earlier report existed, contradicting current testimony

Notable Exchanges (5)

Robert ShapiroPhilip Vannatter
Shapiro walks Vannatter through the timeline math: Lange arrives 4:25, 15-min walkthrough puts it at 4:40, they leave at 5:00 — 'Don't you now have about twenty minutes unaccounted for where nothing is being done?' Vannatter struggles to explain.
strategic
Robert ShapiroPhilip Vannatter
Shapiro forces Vannatter to read his own report aloud, which says Simpson and Nicole had been in 'previous domestic violence situations' (plural) resulting in arrest — after Vannatter had been insisting he only knew of a single '415 call.'
revealing
Robert ShapiroPhilip Vannatter
Shapiro establishes that Fuhrman was the only detective who examined the Bronco and discovered blood, while the two lead detectives were occupied at the gate and talking to Westec — 'None of you examined the truck, with the exception of Detective Mark Fuhrman; is that correct?' Vannatter: 'He was the first one that did, yes.'
strategic
Robert ShapiroPhilip Vannatter
Shapiro presses Vannatter on why the shovel, plastic, and white cloth he claims to have seen in the Bronco appear nowhere in his report — Vannatter says the report 'is an overview' and 'not a second by second account,' directly contradicting his earlier characterization of the report as accurate and complete.
devastating
Lance A. ItoRobert Shapiro
After Shapiro says 'maybe you can do that tonight and read that report and give us that answer tomorrow, we will go on to something else,' Ito sustains Darden's motion to strike and instructs the jury to disregard — then rebukes Shapiro for continuing argumentative questions after prior caution.
heated

Light Moments (3)

Lance A. Ito
Judge Ito mishears Shapiro addressing the witness and says 'I thought you were addressing him as Detective Lange' — Shapiro and Ito spend several exchanges sorting out that Lange is a different person sitting nearby.
Philip Vannatter
When asked if he can do everything at once at a crime scene, Vannatter replies: 'No. I wish I could.'
Robert Shapiro
Shapiro deadpans about Bronco items not in the report: 'Maybe you can do that tonight' — reading the report — drawing an objection and judicial rebuke, but clearly playing to the jury.

Credibility Attacks (5)

⚔ Philip Vannatter
prior inconsistent statement
Shapiro alleges Vannatter testified at the preliminary hearing that no earlier report existed before the follow-up report — Vannatter says he does not recall that testimony.
⚔ Philip Vannatter
prior inconsistent statement
Shapiro alleges Vannatter testified at the grand jury that the answering machine said only 'O.J.' — Vannatter says he does not recall that testimony either.
⚔ Philip Vannatter
report omissions vs. testimony
Vannatter testifies he saw a shovel, folded plastic, and white cloth in the Bronco — none of these items appear in his follow-up report. He also concedes the sequence of Fuhrman showing him blood differs between his report and current testimony.
⚔ Philip Vannatter
impeachment by own document
Vannatter initially claims Fuhrman only mentioned a single '415 call' with no detail about prior arrest. His own report, read aloud, states Phillips told them of 'previous domestic violence situations, one of these resulting in the arrest of Mr. Simpson' — Vannatter had to acknowledge 'situations' is plural.
⚔ Philip Vannatter
bias / motive to target Simpson
Shapiro asks whether detectives went to Rockingham partly because they had domestic violence information and 'immediately suspected the ex-husband.' Vannatter denies it, but the prior knowledge of the arrest is now established by his own report.

Witness Demeanor

Vannatter gives evasive or multi-clause answers when pressed on timeline gaps, repeatedly saying 'approximately' and 'I don't know' to specific factual questions
Shapiro explicitly calls out what he perceives as Vannatter laughing about omissions in the report: 'You kind of say that like laughing. Is something funny about it not being in there?' Vannatter denies it
Vannatter delivers what Shapiro characterizes as a 'memorized response' — the children/notification/press justification for going to Rockingham — at least three times across the examination

Objections

9 objections (8 sustained, 1 overruled)
Proceeding 5335 • 712 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAR 20, 1995 📄 Cross-examination of Philip Va
MAR 20, 1995 KRT DvH TD