Shapiro cross-examines Detective Vannatter about photo documentation practices and photographs showing a bed strap in different positions. Vannatter says the strap had been moved for an unknown reason and that he had not inquired why. Shapiro then questions him about the carpets near the socks and attempts to establish that no blood was observed on the socks when recovered on June 13th. The exchange ends with the court permitting Shapiro to be heard after sustaining an objection.
# 1 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 2 MR. SHAPIRO: MAY I PUT UP SOME PHOTOGRAPHS ON THE ELMO, YOUR HONOR --
# 3 THE COURT: ALL RIGHT. YOU WANT TO TELL ME --
# 4 MR. SHAPIRO: -- SAME SEQUENCE THAT MR. DARDEN HAS PUT UP?
# 5 THE COURT: ALL RIGHT.
# 6 MR. SHAPIRO: THIS IS MARKED 126. WE'LL MARK OURS 1060 AND 1061.
# 7 THE COURT: 1060 AND 1061.
# 8 (DEFT'S 1060 AND 1061 FOR ID = PHOTOGRAPHS) # 9 Q: BY MR. SHAPIRO: DO YOU KNOW WHEN PHOTOGRAPH 126 WAS TAKEN THAT MR. DARDEN SHOWED YOU, SIR?
# 10 A: IT WAS TAKEN AFTER THE SEARCH WARRANT WAS SECURED I WOULD ASSUME.
# 11 Q: YOU WOULD ASSUME?
# 12 A: YES. I WASN'T THERE WHEN THE ACTUAL SEARCH WAS DONE.
# 13 Q: I KNOW. BUT THERE ARE LOGS FOR THESE THINGS, AREN'T THERE, CALLED PHOTO LOGS?
# 14 A: I THINK THE PHOTOGRAPHER DOES THEM BY NUMBER, YEAH. I DON'T KNOW THAT THEY'RE TIMED.
# 15 Q: WELL, WAIT. YOU'RE THE CHIEF INVESTIGATOR; ARE YOU NOT?
# 16 A: ONE OF THEM, YES.
# 17 Q: AND YOU WANT TO KNOW WHEN PHOTOGRAPHS ARE TAKEN IF YOU'RE NOT THERE TO TAKE THEM, DON'T YOU?
# 18 A: WELL, I KNOW THEY WERE TAKEN ON THE 13TH OF JUNE.
# 19 Q: NO. NO. MY QUESTION IS, DO YOU WANT TO KNOW WHEN PHOTOGRAPHS ARE TAKEN? YOU CAN ANSWER THAT YES OR NO LIKE YOU ANSWERED MR. DARDEN'S QUESTION.
# 20 MR. DARDEN: THIS IS ARGUMENTATIVE, YOUR HONOR.
# 21 THE COURT: SUSTAINED.
# 22 Q: BY MR. SHAPIRO: CAN YOU ANSWER THAT YES OR NO?
# 23 A: I KNOW THEY WERE TAKEN ON THE 13TH.
# 24 Q: NO. MY QUESTION IS, DO YOU -- IS IT IMPORTANT FOR YOU TO KNOW WHEN PHOTOGRAPHS ARE TAKEN BY PHOTOGRAPHERS OR CRIMINALISTS?
# 28 Q: IS IT IMPORTANT TO KNOW THE APPROXIMATE TIME?
# 29 A: I KNOW THEY WERE TAKEN ON THE -- ON THE 13TH OF JUNE. THE TIME ITSELF, THAT'S -- THAT'S A RECORDATION OF EVIDENCE THAT'S DISCOVERED. THE TIME IS -- ON THE PHOTOGRAPH TO ME IS NOT IMPORTANT.
# 30 Q: LET ME SEE IF I CAN MAKE MYSELF MORE CLEAR BECAUSE I'M OBVIOUSLY NOT COMMUNICATING THIS THOUGHT TO YOU OR THIS QUESTION.
# 31 MR. DARDEN: OBJECTION, YOUR HONOR.
# 32 THE COURT: SUSTAINED. MR. SHAPIRO.
# 33 Q: BY MR. SHAPIRO: CAN YOU GENERICALLY, NOT SPECIFICALLY -- AS A GENERAL PRINCIPAL FOR A LEAD INVESTIGATOR IN A CASE, IS IT IMPORTANT FOR YOU TO KNOW WHEN PHOTOGRAPHS ARE TAKEN FOR WHICH YOU ARE NOT PRESENT? YOU CAN ANSWER THAT YES OR NO, CAN'T YOU?
# 35 Q: IT'S IMPORTANT TO KNOW. AND IS THERE SUCH A THING IN YOUR PRACTICE KNOWN AS A PHOTO LOG?
# 36 A: I THINK THAT'S A RECORDATION OF THE NUMBER OF PHOTOS, YES.
# 37 Q: IS THERE ALSO SOMETHING IN YOUR PRACTICE KNOWN AS RECORDING WHEN PHOTOGRAPHS ARE TAKEN SO SOMEBODY CAN REFER TO A PICTURE AND SAY THIS WAS TAKEN AT A CERTAIN DAY, AT A CERTAIN TIME, AT A CERTAIN PLACE?
# 38 A: I'M NOT AWARE OF THAT.
# 39 Q: AND YOU'VE NEVER USED THAT IN YOUR EXPERIENCE?
# 41 Q: NO INVESTIGATORS TO YOUR KNOWLEDGE IN LAPD ARE SUPPOSED TO HAVE PHOTOGRAPHS DONE IN A WAY THAT THEY CAN TELL WHEN THEY WERE TAKEN?
# 42 A: WELL, I KNOW WHEN IT WAS TAKEN.
# 43 Q: NO. I DIDN'T ASK YOU WHEN THIS PIC -- I'M NOT TALKING ABOUT THIS PICTURE, OKAY? WE ARE JUST TALKING ABOUT PICTURES IN GENERAL. ALL RIGHT?
# 44 A: THAT'S RECORDED BY THE PHOTOGRAPHER.
# 45 Q: AND DOES HE GIVE YOU A LIST SO YOU CAN TELL WHEN THE PICTURES ARE TAKEN? THAT WAS MY QUESTION.
# 46 A: YES, BUT NOT TO TIME. I'M NOT AWARE OF TIME.
# 47 Q: OKAY. SO HE TELLS YOU WHAT DAY THEY WERE TAKEN, BUT NOT WHAT TIME THEY WERE TAKEN?
# 48 A: THE DATE AND THE LOCATION, YES.
# 49 Q: BUT NOT THE TIME. SO YOU DON'T KNOW IF IT'S DAY OR NIGHT?
# 50 A: WELL, I THINK THAT WOULD BE EVIDENT FROM THE PHOTOGRAPH.
# 51 MR. SHAPIRO: MAY WE PUT THESE PHOTOGRAPHS UP ON THE ELMO, PLEASE?
# 52 Q: BY MR. SHAPIRO: ALL RIGHT. YOU SEE THE PHOTOGRAPH THAT MR. DARDEN SHOWED YOU, WHICH IS IN THE UPPER RIGHT-HAND CORNER; IS THAT CORRECT?
# 54 Q: AND YOU'VE TOLD US THAT WAS TAKEN ON THE 13TH AFTER THE EXECUTION OF THE SEARCH WARRANT; IS THAT CORRECT?
# 55 A: THAT WAS TAKEN ON THE 13TH I BELIEVE AFTER THE EXECUTION OR WHEN THE SEARCH WARRANT WAS RETURNED TO THE LOCATION, YES.
# 56 Q: YOU BELIEVE, BUT YOU'RE NOT SURE?
# 57 A: NO, I'M NOT POSITIVE. I WASN'T THERE, BUT I BELIEVE IT WAS AFTER THE SEARCH WARRANT WAS BROUGHT BACK.
# 58 Q: AND YOU HAVE NO NOTES OR ANY OTHER TYPE OF OFFICIAL DOCUMENTS AVAILABLE TO YOU TO TELL WHEN THAT PHOTOGRAPH WAS TAKEN, DO YOU?
# 59 A: NOT THE TIME, NO.
# 60 Q: OKAY. NOW, I WANT YOU TO LOOK IN THE UPPER LEFT-HAND CORNER. THAT'S A PHOTOGRAPH THAT WAS TAKEN BY YOUR PHOTOGRAPHER; IS IT NOT?
# 62 Q: WHEN WAS THAT PHOTOGRAPH TAKEN?
# 63 A: IT WOULD HAVE BEEN ON THE 13TH ALSO.
# 64 Q: WAS THAT TAKEN AT THE SAME TIME?
# 65 A: I -- I WOULD SAY THAT -- THAT THAT IS AN OVERALL AND THEN THE -- THE TWO FOLLOW-UP PHOTOGRAPHS WERE DONE PROBABLY AT THE SAME TIME, YES. THAT'S SHOWING A -- AN OVERALL OF THE ROOM.
# 66 Q: I WANT TO DIRECT YOUR ATTENTION IF I MIGHT NOW TO -- LET ME JUST DIRECT YOUR ATTENTION TO IT -- TO THE PHOTOGRAPH THAT WAS SHOWN BY MR. DARDEN, THE UPPER RIGHT-HAND SIDE.
DO YOU SEE THE FOOT OF THE BED IN THAT PHOTOGRAPH?
# 68 Q: AND DO YOU SEE ANY STRAPS HANGING OVER THE FOOT OF THE BED?
# 70 Q: NOW I WANT TO DIRECT YOU TO THE OTHER TWO PHOTOGRAPHS, THE ONE IN THE UPPER LEFT-HAND SIDE. DO YOU SEE THE STRAPS THERE?
# 71 A: IT WOULD APPEAR IT'S HANGING OVER, YES.
# 72 Q: HOW DID THAT HAPPEN?
# 73 A: I DON'T KNOW. I WASN'T THERE.
# 74 Q: IS THAT SOMETHING THAT WOULD BE DISTURBING A CRIME SCENE?
# 75 A: IT'S -- I DON'T -- I DON'T KNOW THE REASON IT WAS MOVED, BUT DISTURBING A CRIME SCENE? I -- IT WAS OBVIOUSLY MOVED FOR SOME REASON. I DON'T KNOW WHY.
KEY QUOTE # 76 Q: SHOULD THE PHOTOGRAPHER MOVE THOSE?
# 77 A: NO, HE SHOULDN'T.
# 78 Q: HAVE YOU NOTICED THIS BEFORE?
# 79 A: YES, I'VE SEEN THIS BEFORE.
# 80 Q: AND HAVE YOU MADE INQUIRY AS TO WHY IT WAS MOVED?
# 84 Q: WELL, I KNOW YOU HAVEN'T, BUT WHY HAVEN'T YOU?
# 85 A: I JUST HAVEN'T. I -- I DIDN'T SEE ANY NEED TO.
KEY QUOTE # 86 Q: I WANT TO DIRECT YOUR ATTENTION NOW TO THE CARPET THAT THE SOCKS ARE SEATED OR LYING ON. THAT'S A -- THE CARPET IN THE ROOM IS A LITTLE BIT LIGHTER THAN IN THE PHOTOGRAPH; IS IT NOT?
# 87 A: THAN WHICH PHOTOGRAPH? IT'S -- IT'S DIFFERENT SHADES IN ALL THE PHOTOGRAPHS IT WOULD APPEAR TO BE.
# 88 Q: ALL RIGHT. WOULD YOU DESCRIBE THE COLOR OF THE PHOTO -- OF THE CARPET AS YOU REMEMBER IT, THE --
# 89 A: I REMEMBER IT AS A LIGHT GRAY.
# 90 Q: AND DID YOU FIND ANY BLOODSTAINS ON THAT CARPET?
# 92 Q: DID YOU TAKE THAT CARPET FOR EVIDENCE?
# 94 Q: DID YOU EXAMINE THAT CARPET FOR FOOTWEAR IMPRESSION EVIDENCE?
# 95 A: NOT TO MY KNOWLEDGE, NO.
KEY QUOTE # 96 Q: WHAT ABOUT THE CARPET IN THE ROOM? WHAT COLOR IS THAT?
# 97 A: I THINK THAT'S WHAT I DESCRIBED. I RECALL IT AS EITHER A LIGHT TAN OR LIGHT GRAY.
# 98 Q: OKAY. NOW, WHAT ABOUT THE THROW CARPET THAT THE SOCKS ARE ON THAT ARE ON TOP OF THE CARPET IN THE ROOM?
# 99 A: THAT'S -- THAT APPEARS TO BE TWO TONE, MAYBE BROWN AND LIGHT TAN OR SOMETHING LIKE THAT.
# 100 Q: WAS THERE ANY BLOOD ON THAT CARPET?
# 101 A: I DON'T RECALL ANY BEING THERE, NO.
# 102 Q: WAS THAT CARPET SEIZED?
# 104 Q: WAS THERE ANY EFFORT MADE TO PRESERVE THAT CARPET FOR FOOTWEAR IMPRESSION EVIDENCE?
# 106 Q: THE SOCKS THAT WERE THERE, ISN'T IT TRUE THAT WHEN THOSE SOCKS WERE RECOVERED ON THE 13TH, THAT THERE WAS NO EVIDENCE OF BLOOD ON THOSE SOCKS?
# 107 MR. DARDEN: OBJECTION, YOUR HONOR. CALLS FOR HEARSAY.
# 108 THE COURT: OVERRULED.
# 109 DET. PHILIP VANNATTER: NO EVIDENCE OF BLOOD ON THE 13TH?
# 110 Q: BY MR. SHAPIRO: YES, ON THOSE SOCKS.
# 111 MR. DARDEN: ALSO ASSUMES FACTS NOT IN EVIDENCE, YOUR HONOR.
# 112 THE COURT: SUSTAINED.
# 113 Q: BY MR. SHAPIRO: HAVE YOU REVIEWED THE REPORTS IN THIS CASE REGARDING THOSE SOCKS?
# 115 Q: WHAT REPORTS HAVE YOU REVIEWED?
# 116 A: I SAW THE SCIENTIFIC REPORTS ON THEM.
# 117 Q: AND HAVE YOU SEEN THE FIELD NOTES THAT WERE DONE BY MR. FUNG AT YOUR DIRECTION ON THE 13TH?
# 118 A: I'VE SEEN THEM IN THE PAST, YES.
# 119 Q: WOULD IT REFRESH YOUR MEMORY TO LOOK AT THEM AGAIN?
# 121 MR. SHAPIRO: MAY I APPROACH THE WITNESS, YOUR HONOR?
# 123 Q: BY MR. SHAPIRO: ARE THOSE THE FIELD NOTES YOU'VE LOOKED AT BEFORE?
# 124 A: YES, I'VE SEEN THESE.
# 125 Q: IN REVIEWING THAT, DOES THAT REFRESH YOUR MEMORY AS TO WHETHER OR NOT ANY BLOOD WAS OBSERVED ON THOSE SOCKS ON THE 13TH?
# 126 MR. DARDEN: OBJECTION, YOUR HONOR.
# 127 THE COURT: SUSTAINED.
# 128 MR. SHAPIRO: YOUR HONOR, MAY I BE HEARD ON THIS, PLEASE?
# 129 THE COURT: CERTAINLY.