Recross-examination of Philip Vannatter

📄 Recross-examination of Philip Vannatter — Tuesday, March 21, 1995

Address:

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

TRIAL

▲ Day 42 of 167

◀ Redirect examination of Philip Vannatter (part 1) Cross-examination of Philip Vannatter (part 4) ▶

Witness: Det. Philip Vannatter
Examiner: Robert Shapiro
Called by: Prosecution • Date: Tuesday, March 21, 1995 • Utterances: 41

Shapiro probes Vannatter's assumption that Goldman's wounds were purely defensive, establishing that the detective has no information about whether Goldman struck his assailant — implicitly laying groundwork for the defense theory that OJ Simpson's cut hand came from a fight. The examination ends with a memorable courtroom moment when Shapiro shows his own bruised hand and asks to be 'marked as an exhibit,' prompting Darden to call it 'absurd' and Judge Ito to agree.

# 1 THE COURT:

MR. SHAPIRO.

# 2 MR. SHAPIRO:

I'M SORRY?

# 3 THE COURT:

MR. SHAPIRO.

# 4 MR. SHAPIRO:

YES. OH, I'M SORRY. I'M SORRY. THANK YOU.

# 5 THE COURT:

RECROSS.

# 6 MR. SHAPIRO:

THANK YOU VERY MUCH.

# 7

RECROSS-EXAMINATION

# 8

BY MR. SHAPIRO:

# 9 Q:

YOU HAVE ASSUMED THAT THE VICTIM MR. GOLDMAN DID NOT HIT THE PERPETRATOR OF THE CRIME; IS THAT CORRECT?

# 10 A:

I DON'T KNOW THAT THAT'S AN ASSUMPTION. THERE COULD HAVE BEEN -- THERE COULD HAVE BEEN A MEETING OF THE TWO PEOPLE, BUT THE INJURIES TO ME -- APPEARED TO ME TO BE DEFENSIVE INJURIES, AND DEFENSIVE INJURIES ARE USUALLY SUSTAINED BY HOLDING THE ARMS UP OR TRYING TO GRAB SOMETHING SUCH AS A WEAPON THAT'S BEING USED ON YOU.

# 11 Q:

YOU'VE BEEN INVESTIGATING THIS CASE FOR NINE MONTHS?

# 12 A:

YES.

# 13 Q:

DO YOU HAVE ANY INFORMATION AS TO WHETHER OR NOT MR. GOLDMAN BEFORE HE DIED ATTEMPTED TO STRIKE HIS ASSAILANT?

# 14 A:

NO, I DON'T.

# 15 Q:

DO YOU HAVE ANY INFORMATION IF HE STRUCK HIS ASSAILANT?

# 16 A:

NO, I DON'T.

# 17 Q:

IS THAT SOMETHING YOU WOULD WANT TO KNOW?

# 18 A:

I'M ONLY GOING ON WHAT I CAN SEE.

# 19 Q:

IS THAT SOMETHING YOU WOULD WANT TO KNOW?

# 20 A:

WELL, THE ONLY WAY THAT WOULD BE KNOWN IS IF I COULD ASK THE ASSAILANT OR MR. GOLDMAN I WOULD THINK.

# 21 Q:

IS THAT SOMETHING YOU WOULD LIKE TO INVESTIGATE?

# 22 A:

IT'S SOMETHING I WOULD LIKE TO KNOW, YES.

# 23 Q:

AND IS ONE WAY OF FINDING THAT OUT BY LOOKING AT SUSPECTS TO SEE IF THEY HAVE ANY WOUNDS THAT MIGHT BE CONSISTENT WITH BEING HIT IN A FIGHT?

# 24 A:

THAT'S ONE WAY OF FINDING OUT IF A PERSON HAS BEEN HIT, YES.

# 25 Q:

NOW, YOU HAVE JUST MADE UP YOUR MIND THAT THESE INJURIES TO MR. GOLDMAN WERE -- OCCURRED WHEN HE WAS FALLING DOWN, HAVEN'T YOU?

# 26 A:

NO. NOT AT ALL.

# 27 Q:

YOU DON'T HAVE ANY BASIS FOR THAT OPINION, DO YOU, IN SCIENCE?

# 28 A:

OTHER THAN SEEING DEFENSIVE WOUNDS MANY, MANY TIMES. THEY APPEARED TO BE DEFENSIVE WOUNDS.

# 29 Q:

AND YOU CAN TELL A DEFENSIVE WOUND FROM AN OFFENSIVE WOUND?

# 30 A:

WELL, NORMALLY -- NORMALLY, DEFENSIVE WOUNDS OCCUR TO THE HANDS AND ARMS, YES.

# 31 MR. SHAPIRO:

MAY I APPROACH THE WITNESS FOR A MOMENT, YOUR HONOR?

# 32 THE COURT:

YOU MAY.

# 33 MR. SHAPIRO:

I HAVE A BRUISE ON MY HAND.

KEY QUOTE

# 34 MR. DARDEN:

I OBJECT, YOUR HONOR.

# 35 THE COURT:

WE'LL HAVE MR. SHAPIRO MARKED AS --

# 36 MR. SHAPIRO:

CAN I BE MARKED AS AN EXHIBIT? I WOULD LIKE -- I MEAN, CAN I ASK HIM IF HE HAS AN OPINION AS TO WHETHER THIS IS AN OFFENSIVE OR DEFENSIVE WOUND?

# 37 MR. DARDEN:

THIS IS ABSURD, YOUR HONOR.

KEY QUOTE

# 38 THE COURT:

I AGREE.

# 39 MR. SHAPIRO:

DO WE HAVE -- CAN I HAVE THOSE PHOTOGRAPHS?

# 40 (BRIEF PAUSE.)

# 41 MR. SHAPIRO:

SHOW MR. DARDEN SOME PHOTOGRAPHS.

Temperature

light

Key Quotes (4)

Philip Vannatter

NO, I DON'T.

Vannatter twice admits he has no information on whether Goldman struck his assailant, undermining the completeness of the investigation.

Robert Shapiro

I HAVE A BRUISE ON MY HAND.

Shapiro turns himself into a demonstrative exhibit to challenge Vannatter's ability to distinguish offensive from defensive wounds — one of the trial's more surreal courtroom moments.

Christopher Darden

THIS IS ABSURD, YOUR HONOR.

Darden's exasperated objection captures the theater of the moment.

Lance A. Ito

I AGREE.

The judge's terse two-word response is a rare direct rebuke of a defense tactic from the bench.

Evidence (2)

Informal

Photographs (likely of Goldman's wounds), referenced at the end when Shapiro asks to show them to Darden

referenced

Informal

Robert Shapiro's bruised hand — offered informally as a demonstrative

offered, rejected

Notable Exchanges (2)

Robert Shapiro•Philip Vannatter

Shapiro walks Vannatter step by step to concede he has no information on whether Goldman struck his attacker, and that examining suspects for wounds would be a valid investigative method — pointing at Simpson's cut hand.

strategic

Robert Shapiro•Christopher Darden•Lance A. Ito

Shapiro approaches the witness, announces he has a bruise on his hand, and asks whether he can be marked as an exhibit. Darden objects as absurd; Ito agrees and shuts it down.

farcical

Light Moments (1)

Robert Shapiro

Shapiro asks to be 'marked as an exhibit' so Vannatter could opine on whether his hand bruise was offensive or defensive

Credibility Attacks (2)

⚔ Philip Vannatter

exposing investigative gaps

Shapiro establishes that after nine months of investigation, Vannatter has no information on whether Goldman struck his assailant — implying the investigation failed to pursue leads that might explain Simpson's injured hand.

⚔ Philip Vannatter

challenging expert opinion

Shapiro challenges Vannatter's characterization of Goldman's wounds as defensive, pushing him to admit it is an interpretation rather than established fact.

Witness Demeanor

(BRIEF PAUSE.)

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5352 • 41 utterances • Prosecution witness

Criminal Trial

Department 103