Video preview and map discussion

📄 Video preview and map discussion — Tuesday, March 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\21\VIDEO-PREVIEW-AND-MAP-DISCUSSI.DOC

TRIAL

▲ Day 42 of 167

◀ Motion: search warrant affidavit Cross-examination of Philip Vannatter (part 1) ▶

Date: Tuesday, March 21, 1995 • Utterances: 61

Before the jury was brought in, the defense sought permission to show a laser disk video of Detective Vannatter walking through the Bundy crime scene, and to display a computer-generated map showing distances between Parker Center, Piper Tech, and the two crime scene addresses. The judge previewed the video three times — once because prosecutors missed it, once because Ito wanted to look for Dennis Fung — and ultimately allowed both the map and the tape into evidence.

# 1 MR. SHAPIRO:

YOUR HONOR, WE ALSO HAVE TWO OTHER MATTERS THAT WE WOULD LIKE TO PRESENT. ONE IS A VIDEO --

# 2 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 3 MR. SHAPIRO:

-- OF DETECTIVE VANNATTER GOING OVER THE BUNDY CRIME SCENE. WE WOULD LIKE TO SHOW THAT, WITH THE COURT'S PERMISSION.

# 4 THE COURT:

HAVE YOU SHOWN THIS TO OPPOSING COUNSEL?

# 5 MR. SHAPIRO:

THEY HAVE ALREADY SEEN IT ONCE BEFORE.

# 6 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 7 MR. SHAPIRO:

THEY HAVE SEEN IT SEVERAL TIMES.

# 8 MR. DARDEN:

HAS IT BEEN ADMITTED BEFORE?

# 9 MR. SHAPIRO:

THIS IS THE ORIGINAL LASER DISK THAT WE SHOWED THEM AT THE BEGINNING. WE HAVE NO PROBLEM IN SHOWING THAT TO THEM AGAIN.

# 10 THE COURT:

HOW LONG IS IT?

# 11 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 12 MR. SHAPIRO:

A COUPLE OF SECONDS.

# 13 THE COURT:

DO YOU WANT TO PREVIEW THAT, MR. DARDEN?

# 14 MR. DARDEN:

YES. WE OBJECTED TO IT BEFORE AND WE WILL PROBABLY OBJECT AGAIN.

KEY QUOTE

# 15 THE COURT:

ALL RIGHT.

# 16 MR. SHAPIRO:

THE OTHER THING WE WOULD LIKE TO PRESENT TO THE COURT IS I HAVE THIS MORNING GIVEN MR. DARDEN A MAP OF LOS ANGELES SHOWING THE DISTANCE BETWEEN PARKER CENTER, PIPER TECH WHERE THE CRIME LAB IS LOCATED, AND THE BUNDY RESIDENCE AND THE ROCKINGHAM RESIDENCE, AND WE WOULD LIKE TO PUT THIS UP ON THE ELMO.

# 17 MR. DARDEN:

I HAVE NO OBJECTION TO MR. SHAPIRO SHOWING THE MAP TO DETECTIVE VANNATTER. I DO, HOWEVER, OBJECT TO THE DISTANCES INDICATED ON THE MAP. HE INDICATES THAT PARKER CENTER TO PIPER TECH IS ONE MILE AND PARKER CENTER TO ROCKINGHAM IS 18.7 MILES AND I WOULD OBJECT TO THE INTRODUCTION OF THAT BEFORE THE JURY WITHOUT FURTHER FOUNDATION AS FAR AS THE DISTANCES.

# 18 MR. SHAPIRO:

WHATEVER YOU SAY IS CORRECT WE WILL SUBSTITUTE.

# 19 MR. DARDEN:

I'M NOT TESTIFYING; THE WITNESS IS TESTIFYING.

# 20 MR. SHAPIRO:

WE GOT THAT IN A COMPUTER PROGRAM THAT TELLS YOU THE SHORTEST DISTANCES TO THOSE POINTS.

# 21 MR. DARDEN:

OKAY.

# 22 THE COURT:

ALL RIGHT. I'M GOING TO ALLOW THE USE OF THE MAP SUBJECT TO A FOUNDATIONAL OBJECTION. ALL RIGHT. LET'S HAVE THE JURORS, PLEASE.

# 23 MS. CLARK:

CAN WE SEE THE TAPE, PLEASE, YOUR HONOR?

# 24 THE COURT:

ALL RIGHT. LET ME SEE THE LASER.

# 25 (BRIEF PAUSE.)

# 26 (AT 9:50 A.M. A VIDEOTAPE, WAS PLAYED.)

# 27 THE COURT:

ALL RIGHT. I HAVE SEEN THE VIDEO PRESENTATION. ANY COMMENT? MR. DARDEN?

# 28 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 29 MR. DARDEN:

MAY WE SEE THAT ONE MORE TIME, YOUR HONOR?

# 30 THE COURT:

SURE. WHY NOT.

# 31 MS. CLARK:

IT WENT BY SO FAST.

# 32 MR. DARDEN:

WE SORT OF MISSED THE BEGINNING.

# 33 THE COURT:

MR. HARRIS.

# 34 (AT 9:51 A.M. A VIDEOTAPE, WAS REPLAYED.)

# 35 MR. DARDEN:

WELL, IT APPEARS THAT THE BODIES ARE ALREADY GONE IN THAT SCENARIO, YOUR HONOR. I DON'T SEE THE RELEVANCY OF IT.

# 36 THE COURT:

MR. SHAPIRO.

# 37 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 38 MR. SHAPIRO:

WE BELIEVE THE EVIDENCE WILL SHOW THAT CRIMINALIST FUNG WAS STILL THERE AND THAT EVIDENCE WAS STILL BEING COLLECTED AFTER THE BODIES WERE REMOVED AND IT GOES TO IMPEACH THEIR PREVIOUS TESTIMONY.

# 39 MR. DARDEN:

WELL, UNLESS THERE IS SOME EVIDENCE THAT MR. FUNG IS COLLECTING EVIDENCE THEN OR AT THAT TIME --

# 40 THE COURT:

ALL RIGHT. I WASN'T PAYING ATTENTION TO MR. FUNG, WHO I DID SEE. LET ME SEE IT ONE LAST TIME.

KEY QUOTE

# 41 (AT 9:52 A.M. A VIDEOTAPE, WAS REPLAYED.)

# 42 THE COURT:

ALL RIGHT. THANK YOU. ANY OTHER COMMENT, MR. SHAPIRO?

# 43 MR. SHAPIRO:

NO, YOUR HONOR, BUT EVIDENCE COLLECTION IS AN IMPORTANT PART OF THIS CASE AND THE TESTIMONY HAS BEEN THAT EVIDENCE COLLECTION ENDED AFTER THE BODIES WERE REMOVED AND ALL THE EVIDENCE WAS DONE BEFORE.

# 44 THE COURT:

DO WE HAVE A --

# 45 MS. CLARK:

THAT IS NOT TRUE AT ALL.

# 46 MR. DARDEN:

THAT IS NOT TRUE.

# 47 MR. SHAPIRO:

THAT'S RIGHT, IT IS NOT TRUE. EVIDENCE COLLECTION CONTINUED. THAT IS WHAT THEY ARE SAYING IS THE PROPER PROCEDURE, THAT ALL EVIDENCE SHOULD BE COLLECTED BEFORE THE BODIES ARE REMOVED.

# 48 MS. CLARK:

NO.

# 49 THE COURT:

BUT WE KNOW THAT NOT TO BE TRUE IN THIS CASE.

# 50 MR. SHAPIRO:

THAT'S CORRECT, AND THAT IS WHY WE ARE SHOWING THAT, FOR IMPEACHMENT.

# 51 MS. CLARK:

THAT DOESN'T IMPEACH ANYONE.

# 52 MR. SHAPIRO:

WE HAVE GOT BOTH PEOPLE TALKING AT ONE TIME.

# 53 MR. DARDEN:

THAT HAS NOT BEEN OUR POSITION IN THIS TRIAL, YOUR HONOR, THAT IS, THAT ALL THE EVIDENCE HAS TO BE COLLECTED BEFORE THE BODIES ARE MOVED. THE EVIDENCE HAS BEEN THAT IT SHOULD BE PHOTOGRAPHED BEFORE THE BODIES ARE MOVED.

# 54 THE COURT:

ALL RIGHT. WELL, IF MR. FUNG IS THE FOCUS OF THAT PARTICULAR VIDEO, IT DOES APPEAR THAT HE IS FOLDING THOSE LITTLE INDEX CARDS AND APPEARS TO HAVE A WRITING INSTRUMENT IN HIS HAND AS WELL, SO I WILL ALLOW THE TAPE.

# 55 MR. SHAPIRO:

THANK YOU, YOUR HONOR.

# 56 THE COURT:

ALL RIGHT. LET'S HAVE THE JURORS, PLEASE.

# 57 (BRIEF PAUSE.)

# 58 THE COURT:

MR. SHAPIRO, HAVE WE MARKED THAT SEGMENT OF THE LASER DISK AND CAN YOU DOWNLOAD THAT TO A VIDEOTAPE FOR THE RECORD KEEPING PURPOSES?

# 59 MR. HARRIS:

YES, WE CAN, YOUR HONOR.

# 60 THE COURT:

ALL RIGHT. WE WILL NEED TO MARK THAT FOR THE RECORD.

# 61 (BRIEF PAUSE.)

Temperature

procedural

Key Quotes (4)

Christopher Darden

YES. WE OBJECTED TO IT BEFORE AND WE WILL PROBABLY OBJECT AGAIN.

Telegraphs prosecution's anticipatory resistance before even previewing the tape.

Lance A. Ito

I WASN'T PAYING ATTENTION TO MR. FUNG, WHO I DID SEE. LET ME SEE IT ONE LAST TIME.

Candid admission that prompted a third viewing; Fung's presence in the video became the linchpin for admissibility.

Robert Shapiro

EVIDENCE COLLECTION CONTINUED. THAT IS WHAT THEY ARE SAYING IS THE PROPER PROCEDURE, THAT ALL EVIDENCE SHOULD BE COLLECTED BEFORE THE BODIES ARE REMOVED.

States the impeachment theory: if prosecution witnesses claimed collection ended before body removal, the video contradicts that.

Marcia Clark

IT WENT BY SO FAST.

Led to the tape being replayed — an inadvertent procedural gift to the defense, who got the judge to scrutinize it more carefully.

Evidence (2)

Informal

Laser disk video of Detective Vannatter walking through the Bundy crime scene; a segment showing Dennis Fung apparently still collecting evidence after bodies were removed

previewed by judge three times, then admitted

Informal

Computer-generated map of Los Angeles showing distances: Parker Center to Piper Tech (crime lab) ~1 mile, Parker Center to Rockingham ~18.7 miles, with Bundy also marked

admitted subject to foundational objection; to be shown on the ELMO

Notable Exchanges (3)

Robert Shapiro•Christopher Darden

Darden objected to the specific distances printed on the map, saying Shapiro was effectively testifying; Shapiro offered to substitute any figures Darden confirmed, and Darden pushed back that the witness — not counsel — must lay the foundation.

strategic

Lance A. Ito•Marcia Clark•Christopher Darden

After the first viewing, Clark complained the tape went by too fast and Darden said they missed the beginning, prompting the judge to replay it — then replay it a third time himself to look for Fung.

pragmatic

Robert Shapiro•Marcia Clark•Christopher Darden

Three-way crosstalk over whether prosecution ever took the position that all evidence must be collected before bodies are moved; Clark and Darden denied it, Shapiro reframed his argument, and the judge cut through by noting Fung's visible activity in the video as sufficient basis for admission.

argumentative

Light Moments (2)

Marcia Clark / Christopher Darden

Clark said the tape 'went by so fast' and Darden admitted they 'sort of missed the beginning' — causing the tape to be replayed for the prosecution's benefit.

Lance A. Ito

Ito's candid mid-deliberation confession: 'I WASN'T PAYING ATTENTION TO MR. FUNG, WHO I DID SEE.'

Credibility Attacks (1)

⚔ Dennis Fung

prior inconsistent conduct (video impeachment)

Defense argued the video shows Fung collecting evidence after bodies were removed from Bundy, contradicting testimony (or implied prosecution position) that collection was completed beforehand.

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 5345 • 61 utterances

Criminal Trial

Department 103