Cross-examination of Philip Vannatter (part 2) (2 of 2)

📄 Cross-examination of Philip Vannatter (part 2) (2 of 2) — Tuesday, March 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\21\CROSS-EXAMINATION-OF-PHILIP-VA.DOC

TRIAL

▲ Day 42 of 167

◀ Cross-examination of Philip Vannatter (part 5) Witness stand preparation ▶

Witness: Det. Philip Vannatter
Examiner: Robert Shapiro
Called by: Prosecution • Date: Tuesday, March 21, 1995 • Utterances: 21

Darden conducts a very brief redirect of Detective Vannatter, attempting to explain why items appeared moved in search photographs by establishing that moving things during a search is standard police procedure. The judge cuts off Darden's leading follow-up question before he can make the point explicitly, and Darden abandons the line, ending the examination.

# 1 MR. DARDEN:

JUST ONE OR TWO BRIEF QUESTIONS, YOUR HONOR.

FURTHER REDIRECT EXAMINATION

# 2

BY MR. DARDEN:

# 3 Q:

DETECTIVE, WITH REGARD TO THE RUGS AND THE CARPETING AND OTHER ITEMS THAT YOU LEFT AT ROCKINGHAM, YOU LEFT THOSE IN THE DEFENDANT'S CUSTODY; IS THAT RIGHT?

# 4 A:

YES.

# 5 Q:

OKAY. SO THE RUG WE SAW DEPICTED IN THE PHOTOGRAPHS IS STILL THERE?

# 6 A:

SHOULD BE.

# 7 Q:

OKAY. NOW, MR. SHAPIRO JUST SHOWED YOU THREE DIFFERENT PHOTOGRAPHS; IS THAT RIGHT?

# 8 A:

YES.

# 9 Q:

AND THESE PHOTOGRAPHS WERE TAKEN DURING THE SEARCH; IS THAT RIGHT?

# 10 A:

YES.

# 11 Q:

IS IT COMMON TO MOVE THINGS WHEN POLICE OFFICERS ARE IN THE CON -- ARE IN THE PROCESS OF CONDUCTING A SEARCH FOR EVIDENCE?

# 12 MR. SHAPIRO:

OBJECTION. LEADING AND SUGGESTIVE.

# 13 THE COURT:

OVERRULED.

# 14 DET. PHILIP VANNATTER:

YES, IT'S COMMON TO MOVE THINGS. YOU NEED TO MOVE THINGS TO SEARCH.

KEY QUOTE

# 15 Q:

BY MR. DARDEN: SO THAT WOULD BE A REASONABLE EXPRESSION AS TO WHY THE STRAPS --

# 16 THE COURT:

THAT'S LEADING.

# 17 MR. DARDEN:

IN THAT CASE, YOUR HONOR, NOTHING FURTHER.

KEY QUOTE

# 18 THE COURT:

THANK YOU. ON THAT ISSUE, MR. SHAPIRO?

# 19 MR. SHAPIRO:

NOTHING FURTHER. THANK YOU.

# 20 THE COURT:

ALL RIGHT. THANK YOU. ALL RIGHT. DETECTIVE VANNATTER, YOU MAY STEP DOWN, SIR. THANK YOU.

# 21 DET. PHILIP VANNATTER:

THANK YOU.

Temperature

procedural

Key Quotes (2)

Phil Vannatter

YES, IT'S COMMON TO MOVE THINGS. YOU NEED TO MOVE THINGS TO SEARCH.

Darden's intended payoff — explaining why items appeared displaced in search photos — but Ito cuts off the follow-up before the conclusion can land.

Christopher Darden

IN THAT CASE, YOUR HONOR, NOTHING FURTHER.

Darden concedes the point after the judge rules his follow-up leading, ending on an incomplete argument.

Evidence (2)

Informal

Photographs taken during the Rockingham search showing items including rugs, carpeting, and bag straps

discussed

Informal

Rugs, carpeting, and other items left at Rockingham in OJ Simpson's custody

discussed

Notable Exchanges (1)

Christopher Darden•Lance A. Ito

Darden attempts to rehabilitate Vannatter on the moved-items issue but gets cut off mid-sentence on a leading follow-up about the bag straps, prompting him to abandon the redirect entirely.

strategic

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 5356 • 21 utterances • Prosecution witness

Criminal Trial

Department 103