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:
ALL RIGHT. GOOD AFTERNOON, DETECTIVE. YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. SHAPIRO, YOU MAY CONTINUE.
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?
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.
AND THAT IS THE EXTENT OF WHAT WAS -- WHAT TOOK PLACE AS FAR AS RECORDING INFORMATION BY YOU?
NOW, WHEN YOU WENT THROUGH YOUR WALK-THROUGH AT THE BUNDY CRIME SCENE, YOU TOLD US THAT TOOK APPROXIMATELY TEN MINUTES?
YOU TESTIFIED TEN MINUTES ON YOUR DIRECT EXAMINATION YESTERDAY. ARE YOU MORE COMFORTABLE WITH TEN TO FIFTEEN MINUTES?
WOULD THAT BE SOMETHING THAT WOULD BE PROPER TO MAINTAIN IN THE CRIME SCENE LOG, HOW LONG YOU SPENT INSIDE THE CRIME SCENE?
IF HE IMMEDIATELY WENT ON THE WALK-THROUGH. I'M NOT SURE THAT THAT WAS THE SEQUENCE OF EVENTS.
DON'T YOU NOW HAVE ABOUT TWENTY MINUTES UNACCOUNTED FOR WHERE NOTHING IS BEING DONE WHILE YOU AND YOUR PARTNER ARE THERE?
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?
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.
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?
AND YOU CALLED FOR A PHOTOGRAPHER TO VIDEOTAPE THE ENTIRE CRIME SCENE IN THE MOST UNDISTURBED WAY, DID YOU NOT?
AND DID YOU DIRECT THE PHOTOGRAPHER TO TAKE AN OVERALL VIEW OF THE COMPLETE PATTERN OF ALL THE FOOTWEAR IMPRESSIONS THAT YOU HAD SEEN?
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?
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?
AND DID YOU CAUSE A GRID SEARCH TO BE DONE OF THE LOCATION TO LOOK FOR A MATCHING OR SECOND GLOVE AT THAT LOCATION?
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?
ACCORDING TO WHAT THE SCENE IS, YES. EACH ONE IS DIFFERENT. EACH ONE HAS DIFFERENT PRIORITIES.
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?
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.
AND IS THERE ANY CRITERIA AS TO WHO CAN MAKE A DEATH NOTIFICATION WITHIN THE LOS ANGELES POLICE DEPARTMENT?
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?
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?
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?
ISN'T THAT SOMETHING THAT COULD HAVE EASILY BEEN DONE BY DETECTIVE PHILLIPS, TO YOUR KNOWLEDGE?
THAT COULD HAVE BEEN DONE, BUT THAT WOULD NOT BE THE PROPER WAY TO DO IT, WITHOUT US BEING PRESENT.
WHAT ABOUT DETECTIVE FUHRMAN, COULD HE HAVE GONE WITH DETECTIVE PHILLIPS TO MAKE A DEATH NOTIFICATION?
OF COURSE HE COULD HAVE, BUT IT STILL WOULDN'T HAVE BEEN THE PROPER WAY WITHOUT US BEING THERE.
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?
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.
-- 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?
AND AT THE TIME YOU ARRIVED YOU HAD, FOR THE FIRST TIME, MET DETECTIVES PHILLIPS AND FUHRMAN; IS THAT CORRECT?
AND YOU WERE THERE TO NOTIFY THEM THAT -- OR TO OFFICIALLY TAKE OVER BECAUSE THEY HAD BEEN NOTIFIED THEY HAD BEEN RELIEVED?
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.
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?
AND TO BE RELIEVED FROM A CASE LIKE THIS, IT WOULD BE A TREMENDOUS DISAPPOINTMENT FOR A YOUNG DETECTIVE, WOULD IT NOT?
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?
THAT QUESTION -- I DON'T FOLLOW THAT QUESTION. THE CHILDREN'S WELFARE WAS NOT -- THE CHILDREN WERE AT WEST L.A. STATION.
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?
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.
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?
YET NO ONE ELSE, OTHER THAN LANGE AND YOURSELF, COULD HAVE ALLOWED ACCESS INTO THE CRIME SCENE?
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?
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?
BY MR. SHAPIRO: YOUR PURPOSE IN TAKING FOUR OFFICERS TO GO TO THE ROCKINGHAM ESTATE WAS SOLELY FOR THE NOTIFICATION; IS THAT CORRECT?
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.
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?
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.
WELL, YOU HAD ADDITIONAL INFORMATION REGARDING MR. SIMPSON WHEN YOU WENT OVER THERE, DIDN'T YOU?
I HAD INFORMATION. DETECTIVE FUHRMAN TOLD US THAT HE HAD BEEN AT THE LOCATION BEFORE ON A 415 DISPUTE CALL, YES.
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?
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.
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?
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?
AT THE PRELIMINARY HEARING YOU WERE ASKED THAT QUESTION, YOU SAID THERE WASN'T. DO YOU RECALL THAT TESTIMONY?
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?
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.
DID YOU HAVE ANY INFORMATION THAT MR. SIMPSON HAD PREVIOUSLY BEEN ARRESTED OR JUST THAT THEY RESPONDED TO A 415?
WELL, I THINK MY INFORMATION IS MR. SIMPSON WAS NEVER ARRESTED ON THAT CASE. I THINK THAT IS THE INFORMATION.
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?
YOUR HONOR, MAY I APPROACH THE WITNESS? ACTUALLY, LET ME PUT THIS UP ON THE ELMO. WE HAVE ALREADY TALKED ABOUT THIS.
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?
WELL, I THINK I TESTIFIED EARLIER THAT THERE HAS BEEN DEATH REPORTS MADE ON BOTH VICTIMS AND MURDER REPORTS MADE A BOTH VICTIMS.
KEY QUOTEI'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?
WELL, THERE HAS BEEN REPORTS DONE THROUGH THE ENTIRE INVESTIGATION. THERE IS THREE BOOKS FULL OF REPORTS.
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.
AND DOES THAT REFRESH YOUR MEMORY AS TO WHAT DETECTIVE PHILLIPS TOLD YOU AND DETECTIVE LANGE?
THAT IS A POSSIBILITY THAT HE SAID THAT, YES, BUT AGAIN, MY INFORMATION IS MR. SIMPSON WAS NEVER ARRESTED ON THAT CASE.
"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 QUOTESIGNIFICANCE? I -- I DON'T KNOW -- I DON'T KNOW HOW TO ANSWER THAT. APPARENTLY THAT IS REFERRING TO MORE THAN ONE INCIDENT.
AND YOU CAME DOWN ROCKINGHAM, AS YOU HAVE SHOWN US IN THAT NICE VIDEO THAT YOU PREPARED; IS THAT CORRECT?
YOU CAME DOWN ROCKINGHAM WHEN YOU WERE GOING TO THE HOUSE -- WHEN YOU WERE TRYING TO LOCATE THE ADDRESS OF 360 NORTH ROCKINGHAM --
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?
WELL, I DON'T THINK I COULD TELL THAT AS I DROVE UP THE STREET. I COULDN'T SEE THE FRONT DOOR.
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?
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.
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?
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.
SUSTAINED. MR. SHAPIRO, WHEN I CAUTION ON YOU SOMETHING, I DON'T EXPECT THE NEXT QUESTION TO BE THE SAME THING.
MY QUESTION WAS, WERE YOU CONCERNED WITH THE HEALTH AND WELFARE OF O.J. SIMPSON WHEN YOU WENT TO ROCKINGHAM?
NOT UNTIL I GOT THERE. I MEAN, THERE IS ALWAYS A CONCERN, WHEN YOU HAVE RELATIVES, BUT NOT UNTIL OTHER CRITERIA WAS MET.
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?
BECAUSE OF YOUR CONCERNS ABOUT WELFARE, I TAKE IT THAT YOU CALLED FOR BLACK AND WHITES TO MEET YOU THERE?
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?
AND WOULD YOU SAY THAT THAT TELEPHONE RINGS FOR ABOUT A SECOND BEFORE ANOTHER RING COMES ON?
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?
HAVE YOU EVER CALLED SOMEONE TO TRY TO GET SOMEONE ON THE TELEPHONE AND LET THE TELEPHONE RING FOR TEN TO FIFTEEN MINUTES?
WELL, I THINK THERE WERE THREE OF US THAT RANG IT. I DON'T HAVE RECALL OF FUHRMAN RINGING THE BELL.
NOW, FUHRMAN'S ROLE IN COMING THERE WAS PURELY TO SHOW YOU HOW TO GET THERE. IS THAT YOUR STATEMENT?
HE WAS COMING -- WE WERE GOING TO MAKE THE NOTIFICATION AND HE WAS COMING TO ASSIST MR. SIMPSON IF HE NEEDED ASSISTANCE.
YOU ASKED HIM TO COME WITH YOU TO HELP MR. SIMPSON IN CASE MR. SIMPSON NEEDED SOME HELP; IS THAT CORRECT?
AND WHERE IN YOUR PREVIOUS TESTIMONY BEFORE THE GRAND JURY DID YOU INDICATE THIS WAS YOUR PREVIOUS STATE OF MIND, SIR?
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?
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?
THAT WAS -- YES. AFTER -- AFTER NOTICING THAT THE PLACE HAD PRIVATE SECURITY, REQUESTED THAT -- THAT WE GET A TELEPHONE NUMBER FROM THEM, YES.
HOW WOULD THIS ASSIST YOU IF THE TELEPHONE THAT WAS CURRENTLY RINGING WAS NOT BEING OF ANY VALUE?
DO YOU HAVE -- DID YOU ATTEMPT TO GET THE PHONE NUMBER OF O.J. SIMPSON THROUGH POLICE CHANNELS?
CONTACTED THE WATCH COMMANDER AND ASKED HIM TO CONTACT WESTEC SECURITY TO SEE IF THEY HAD A PHONE NUMBER FOR HIM.
WELL, IF IT IS A PUBLISHED NUMBER, YOU CAN GET IT. IF IT IS NON-PUBLISHED, YOU CANNOT GET IT.
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?
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.
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?
YOU EVENTUALLY GOT ANOTHER NUMBER THAT RANG WITH THE SAME TYPE OF RINGING THAT YOU WERE GETTING FROM THE FRONT DOOR; IS THAT CORRECT?
AND YOU WERE TOLD THAT THE ANSWERING MACHINE SAID, "THIS IS O.J., I'M OUT OF TOWN, I WILL BE BACK ON MONDAY"?
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.
YOU TESTIFIED AT THE GRAND JURY THAT THE ONLY RESPONSE THAT CAME ON THE MACHINE WAS "O.J." DO YOU RECALL THAT TESTIMONY?
REGARDING THE LIGHTING OF THE DRIVEWAY, YOU TOLD US THAT THE FRONT DOOR WAS WELL-LIT WHEN YOU ARROVE -- ARRIVED; ISN'T THAT CORRECT?
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.
AND IT IS YOUR TESTIMONY THAT YOU DON'T KNOW WHETHER OR NOT THERE ARE COACH LIGHTS AT THE FRONT ENTRANCE?
WELL, THAT IS A POSSIBILITY. I -- I DON'T RECALL RIGHT NOW THAT THERE ARE COACH LIGHTS THERE.
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?
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.
NOW, AT ANY TIME DID YOU GIVE ANY DIRECTIONS TO DETECTIVE FUHRMAN TO CONDUCT AN INVESTIGATION OUTSIDE THE RESIDENCE?
WELL, YOU WOULD NOT ALLOW THEM TO INDEPENDENTLY DO ANYTHING AT THE BUNDY CRIME SCENE, WOULD YOU?
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?
AND SO THEREFORE YOU WOULDN'T ALLOW THEM TO DO ANYTHING AT THE ROCKINGHAM CRIME SCENE, WOULD YOU, WITHOUT YOUR DIRECTION?
NO, NO. THAT IS MISREADING. EXPERIENCED POLICE OFFICERS HAVE THE ABILITY TO WORK, WITHOUT DIRECT SUPERVISION, AT ALL TIMES.
SO IN YOUR OPINION MARK FUHRMAN COULD DO WHATEVER HE WANTED BASED ON HIS EXPERIENCE AT THE ROCKINGHAM SCENE?
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?
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?
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?
BY MR. SHAPIRO: DID DETECTIVE FUHRMAN HAVE THE RIGHT TO CONDUCT AN INVESTIGATION AT ROCKINGHAM WITHOUT YOUR PRECISE DIRECTION?
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?
DID YOU HEAR HIM TESTIFY THAT WHILE YOU GUYS WERE RINGING THE DOOR HE DECIDED JUST TO TAKE A WALK DOWN ROCKINGHAM?
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 QUOTEI THOUGHT THIS WAS -- BECAME A SITUATION WHERE YOU WERE REALLY CONCERNED ABOUT PEOPLE'S WELFARE?
ISN'T IT INCONSISTENT, IF YOU ARE CONCERNED ABOUT PEOPLE'S WELFARE, THAT YOU WILL JUST SIMPLY TAKE A WALK?
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.
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."
I WAS STANDING ADJACENT OR CLOSE TO DETECTIVE PHILLIPS WHO WAS TALKING WITH ONE OF THE WESTEC PEOPLE.
I BELIEVE HE WAS -- BELIEVE HE WAS BETWEEN ME AND THE INTERSECTION AND THE ASHFORD GATE AT THAT TIME.
NO. WE WERE -- WE ARE WERE WORKING WITH WESTEC TRYING TO GET ADDITIONAL INFORMATION AT THAT POINT.
IF THERE WERE TRAVEL PLANS, IF THEY KNEW WHETHER THERE WAS ANYONE HOME, IF THEY HAD ACCESS TO THE LOCATION.
AND YOU HAD TO WAIT FOR SOMEBODY FROM WESTEC TO COME OUT? COULDN'T YOU GET THAT VIA YOUR POLICE RADIO AND COMMUNICATIONS SYSTEM?
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.
HOW FAR FROM THE CURB WAS THE FRONT WHEEL OF THE CAR -- OF THE VEHICLE? IT IS A TRUCK-LIKE VEHICLE?
AS I RECALL FROM THE PICTURE, THE TIRE IN THE BACK IS SITTING ON THE ASPHALT PORTION OF THE STREET.
SOMETHING I -- I WAS DRIVING THE CAR. I WOULD HAVE EITHER HAD TO SEE THE CAR OR PROBABLY RUN INTO THE CAR, YEAH.
HAVE YOU DESCRIBED THAT AS THE REAR END JUTTING OUT MORE THAN THE FRONT IN ANY OFFICIAL REPORTS?
THE TIME YOU WERE AT ROCKINGHAM IS THE FIRST THING THAT MARK FUHRMAN SHOWS YOU A SPOT OF BLOOD?
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.
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?
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.
WELL, I DON'T RECALL THE ACTUAL -- ACTUAL ADDRESS. IT WAS ORENTHAL PRODUCTIONS OR O.J. SIMPSON PRODUCTIONS OR SOMETHING LIKE THAT.
DIDN'T YOU MAKE A BIG POINT OF SAYING IT WAS ORENTHAL PRODUCTIONS AND YOU KNEW THAT MEANT O.J. SIMPSON?
A SHOVEL AND A PIECE OF PLASTIC, WHAT APPEARED TO BE A FOLDED UP PIECE A PLASTIC AND A WHITE CLOTH.
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?
BUT THE REPORT IS NOT ACCURATE AND IS NOT CONSISTENT WITH WHAT YOU HAVE JUST TOLD US, IS IT?
THE REPORT IS AN OVERVIEW OF THE INVESTIGATION. IT IS NOT A SECOND BY SECOND ACCOUNT OF WHAT OCCURRED.
WELL, IT IS SECOND BY SECOND. THERE ARE CRUCIAL THINGS THAT ARE NOT INCLUDED IN THIS REPORT THAT YOU TESTIFIED TO; IS THAT CORRECT?
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?
BY MR. SHAPIRO: DID YOU ASK DETECTIVE PHILLIPS TO LOOK AROUND THAT TRUCK TO SEE IF HE COULD FIND ANY EVIDENCE?
DID YOU ASK DETECTIVE FUHRMAN TO LOOK AROUND THAT TRUCK TO SEE IF COULD HE FIND ANY EVIDENCE?
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?
NOW, YOU HEARD HIM TESTIFY THAT THERE WERE BLOOD SMEARS ON THE BOTTOM OF THE DOOR, DIDN'T YOU?
WELL, I SAW A REPORT THAT WAS DONE BY THE CRIMINALIST. I DON'T RECALL SEEING THEM THAT -- THAT EVENING OR THAT MORNING.
IN FACT, YOU PREVIOUSLY TESTIFIED YOU DIDN'T SEE ANY BLOOD ON THE BOTTOM OF THE BRONCO, DIDN'T YOU?
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?
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.
WELL, I'M GOING TO ASK YOU. AT WHAT POINT IN TIME DOES DETECTIVE FUHRMAN START TO WALK AWAY FROM THE GROUP?
WELL, WE WERE ALL MOVING AROUND THERE. WE AREN'T STANDING IN A REAL TIGHT CLUSTER. WE WERE ALL MOVING AROUND.
YES, HE DID. AT ONE POINT I BELIEVE WHEN WE ORIGINALLY STOPPED THE FIRST WESTEC UNIT I SAW HIM WALKING DOWN THE STREET.
A SHORT TIME. HE MADE A PHONE CALL INSIDE THE RESIDENCE AND TOLD ME THAT HE HAD GOTTEN AN ANSWERPHONE.
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?
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.
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?
YOU HAVE ALREADY TOLD US THAT. YOU WERE CONCERNED ABOUT O.J.'S WELFARE WHEN YOU SAW THAT, RIGHT?
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?
AND YOU ASKED THEM TO FIND AN EMERGENCY NUMBER SO COULD YOU FIND O.J. BECAUSE NOW AN EMERGENCY HAD DEVELOPED, DID YOU NOT?
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.
YOUR HONOR, CAN YOU JUST TELL ME HOW LONG WOULD YOU LIKE ME TO CONTINUE? I HAVE A LOT MORE MATERIAL TO COVER.
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"?
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.
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.
HE SHOWED ME A SPOT ABOVE THE DOOR HANDLE.
HAVE YOU MEMORIZED THAT RESPONSE? THAT IS THE THIRD TIME YOU HAVE GIVEN IT TO US.
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.