Redirect examination of Tom Lange (part 2)

📄 Redirect examination of Tom Lange (part 2) — Tuesday, March 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\21\REDIRECT-EXAMINATION-OF-TOM-LA.DOC

TRIAL

▲ Day 42 of 167

◀ Voir dire of Tom Lange Exhibit review and witness preparation ▶

Witness: Det. Tom Lange
Examiner: Christopher Darden
Called by: Prosecution • Date: Tuesday, March 21, 1995 • Utterances: 27

Darden briefly redirects Detective Lange on his observations inside O.J. Simpson's garage on June 13, 1994, specifically about items in front of the side garage door. Lange acknowledges the items in photographs look familiar but repeatedly states he lacks an independent specific recollection. The examination ends quickly and Lange is excused, though subject to recall.

# 1 THE COURT:

PLEASE.

DIRECT EXAMINATION (RESUMED) BY MR. DARDEN:

# 2 Q:

IS THIS THE WAY YOU REMEMBER THE GARAGE ON JUNE 13, DETECTIVE?

# 3 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION. LEADING AND SUGGESTIVE.

# 4 THE COURT:

SUSTAINED. REPHRASE THE QUESTION. I THINK WE'VE ALREADY GOT THAT QUESTION AND ANSWER THOUGH.

# 5 MR. DARDEN:

YEAH.

# 6 MR. COCHRAN:

IT'S LEADING AND SUGGESTIVE.

# 7 THE COURT:

WELL, THERE WAS NO OBJECTION. ALL RIGHT. I THINK YOU NEED MORE FOUNDATION.

# 8 Q:

BY MR. DARDEN: WERE PHOTOGRAPHS TAKEN ON JUNE 13, DETECTIVE?

# 9 A:

YES.

# 10 Q:

DID YOU GO INSIDE THE GARAGE?

# 11 A:

YES.

# 12 Q:

AND DO YOU HAVE SOME RECALL AS TO THE ITEMS YOU SAW IN FRONT OF THE SIDE GARAGE DOOR?

# 13 MR. COCHRAN:

OBJECT. ASSUMES FACTS NOT IN EVIDENCE.

# 14 THE COURT:

OVERRULED.

# 15 DET. TOM LANGE:

I DO RECALL ITEMS IN FRONT OF THE DOOR. AGAIN, AS TO THE SPECIFIC ITEMS, I DO NOT HAVE AN INDEPENDENT RECOLLECTION.

KEY QUOTE

# 16 Q:

BY MR. DARDEN: OKAY. WELL, DO THESE APPEAR TO BE THE SAME ITEMS?

# 17 MR. COCHRAN:

OBJECTION. HE INDICATED HE DIDN'T HAVE AN INDEPENDENT RECOLLECTION.

# 18 THE COURT:

OVERRULED.

# 19 DET. TOM LANGE:

IT'S VERY POSSIBLE.

# 20 Q:

BY MR. DARDEN: AND HAVING LOOKED AT THESE PHOTOGRAPHS, DO THEY REFRESH YOUR RECOLLECTION AS TO WHICH ITEMS YOU SAW IN FRONT OF THE SIDE GARAGE DOOR?

# 21 A:

I DO RECALL VARIOUS ITEMS. THEY DO LOOK FAMILIAR, BUT AGAIN, I DON'T HAVE A SPECIFIC RECOLLECTION IN FRONT OF THE DOOR.

KEY QUOTE

# 22 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 23 THE COURT:

ALL RIGHT. ANYTHING ELSE?

# 24 MR. COCHRAN:

NOTHING, YOUR HONOR.

# 25 THE COURT:

ALL RIGHT. DETECTIVE LANGE, YOU MAY STEP DOWN. HOWEVER, YOU ARE STILL SUBJECT TO RECALL.

# 26 DET. TOM LANGE:

THANK YOU.

# 27 THE COURT:

ALL RIGHT. NEXT WITNESS.

Temperature

procedural

Key Quotes (3)

Tom Lange

I DO RECALL ITEMS IN FRONT OF THE DOOR. AGAIN, AS TO THE SPECIFIC ITEMS, I DO NOT HAVE AN INDEPENDENT RECOLLECTION.

Lange's hedged testimony limits what Darden can establish — he saw something but can't independently confirm what.

Tom Lange

IT'S VERY POSSIBLE.

Noncommittal answer after being asked if the photographed items match what he saw — undermines the evidentiary value of the redirect.

Tom Lange

I DO RECALL VARIOUS ITEMS. THEY DO LOOK FAMILIAR, BUT AGAIN, I DON'T HAVE A SPECIFIC RECOLLECTION IN FRONT OF THE DOOR.

Consistent hedging — Darden gets only weak corroboration of the crime scene photographs.

Evidence (1)

Informal

Photographs of the garage taken June 13, 1994, showing items in front of the side garage door

used to refresh witness recollection

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran•Lance A. Ito

Cochran's objection to leading/suggestive form is sustained, but Ito notes the question and answer may already be in the record, then asks Darden for more foundation.

procedural

Johnnie Cochran•Lance A. Ito

Cochran objects that Lange has already stated he lacks independent recollection, making further questioning improper — court overrules and allows Darden to continue.

strategic

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 5363 • 27 utterances • Prosecution witness

Criminal Trial

Department 103