Voir dire of Tom Lange

📄 Voir dire of Tom Lange — Tuesday, March 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\21\VOIR-DIRE-OF-TOM-LANGE.DOC

TRIAL

▲ Day 42 of 167

◀ Redirect examination of Tom Lange (part 1) Redirect examination of Tom Lange (part 2) ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Tuesday, March 21, 1995 • Utterances: 23

Cochran conducts a brief voir dire of Detective Lange to challenge the foundation of three prosecution photographs (D.A. Photos 146, 147, 148). Lange admits he cannot confirm when the photos were taken, and Cochran raises the possibility they were taken in July rather than June 13th — implying Jason Simpson may have moved into the residence and altered conditions in the garage by then. The judge cuts the questioning short, noting Cochran was going beyond what was needed for the foundational ruling, and acknowledges a foundational problem with the photos.

# 1 MR. COCHRAN:

THANK YOU VERY KINDLY.

VOIR DIRE EXAMINATION

# 2

BY MR. COCHRAN:

# 3 Q:

DETECTIVE LANGE, THE THREE PHOTOGRAPHS WHICH HAVE BEEN SHOWN TO YOU WHO ARE NUMBERED D.A. PHOTO NUMBERS 146, 147 AND 148, CAN YOU TELL US WHAT DATE THOSE PHOTOGRAPHS WERE TAKEN ON?

# 4 A:

NO, I CAN'T.

# 5 Q:

AND --

# 6 A:

SEEMS TO ME THERE WERE PHOTOGRAPHS TAKEN ON THE 13TH THOUGH OF THE ENTIRE HOUSE.

# 7 Q:

I MISSED THAT LAST ANSWER. I'M SORRY.

# 8 A:

SEEMS TO ME THERE WERE PHOTOGRAPHS TAKEN ON THE 13TH OF JUNE. I DON'T BELIEVE THERE'S A DATE ON THAT THOUGH.

# 9 Q:

DO YOU KNOW WHETHER OR NOT THESE PARTICULAR PHOTOGRAPHS WERE TAKEN ON JUNE 13TH?

# 10 A:

NO. LOOKING AT THOSE, I DON'T. I WOULD HAVE TO LOOK INTO THAT FURTHER.

# 11 Q:

IF I WERE TO TELL YOU THESE PHOTOGRAPHS WERE TAKEN IN JULY, WOULD THAT REFRESH YOUR RECOLLECTION?

KEY QUOTE

# 12 A:

IT'S POSSIBLE.

# 13 Q:

AND DO YOU KNOW WHETHER OR NOT MR. SIMPSON'S SON JASON SEATED IN THE FRONT ROW THERE HAD MOVED INTO THE RESIDENCE BY THAT TIME AND MOVED THINGS INTO THE GARAGE BY JULY OF 1993, SIR?

KEY QUOTE

# 14 THE COURT:

WELL, I ALLOWED YOU TO TAKE HIM ON VOIR DIRE AS TO THE FOUNDATION FOR THE PHOTOGRAPHS SINCE IT'S NOT ESTABLISHED AT THIS POINT.

# 15 MR. COCHRAN:

WELL, I THINK THIS GOES TO FOUNDATIONAL QUESTIONS, YOUR HONOR, WITH REGARD TO WHETHER OR NOT IT'S IN THE SAME CONDITION IT WAS ON JUNE 13TH. THAT'S THE QUESTION.

# 16 THE COURT:

WELL, I THINK WE'RE GOING BEYOND WHAT I NEED TO KNOW.

# 17 MR. COCHRAN:

OKAY. VERY WELL.

# 18 THE COURT:

THANK YOU.

# 19 MR. COCHRAN:

THANK YOU. I WOULD LIKE TO LODGE AN OBJECTION, YOUR HONOR, TO THE PHOTOGRAPHS AT THIS POINT REGARDING FOUNDATION.

# 20 THE COURT:

NOTED. MR. DARDEN.

# 21 MR. DARDEN:

MAY WE PLACE THEM ON THE -- MAY WE DISPLAY THE PHOTOGRAPHS TO THE JURY, YOUR HONOR?

# 22 THE COURT:

I'VE GOT A FOUNDATIONAL PROBLEM AT THIS POINT.

KEY QUOTE

# 23 MR. DARDEN:

THE WITNESS HAS TESTIFIED -- WELL, WOULD YOU LIKE ME TO ARGUE THE ISSUE FROM HERE? LET ME ASK ANOTHER QUESTION.

Temperature

procedural

Key Quotes (4)

Tom Lange

NO, I CAN'T.

Lange cannot confirm the date the photographs were taken, undermining the prosecution's foundation for the photos.

Johnnie Cochran

IF I WERE TO TELL YOU THESE PHOTOGRAPHS WERE TAKEN IN JULY, WOULD THAT REFRESH YOUR RECOLLECTION?

Cochran signals the defense theory that the photos do not depict the crime scene as it appeared on June 13th.

Johnnie Cochran

DO YOU KNOW WHETHER OR NOT MR. SIMPSON'S SON JASON SEATED IN THE FRONT ROW THERE HAD MOVED INTO THE RESIDENCE BY THAT TIME AND MOVED THINGS INTO THE GARAGE BY JULY OF 1993, SIR?

Defense introduces Jason Simpson as a potential reason the garage's condition had changed, attacking the photos' relevance as crime scene depictions.

Lance A. Ito

I'VE GOT A FOUNDATIONAL PROBLEM AT THIS POINT.

The judge openly acknowledges the foundation issue, effectively supporting Cochran's objection.

Evidence (3)

D.A. Photo 146

Photograph of unknown subject/location, date disputed

challenged on foundation

D.A. Photo 147

Photograph of unknown subject/location, date disputed

challenged on foundation

D.A. Photo 148

Photograph of unknown subject/location, date disputed

challenged on foundation

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran pushes beyond date authentication into whether Jason Simpson had altered the garage; judge cuts him off, saying they are 'going beyond what I need to know.'

strategic — Cochran planting the Jason theory even as he was being limited

Christopher Darden•Lance A. Ito

Darden attempts to recover by asking to display the photos to the jury; judge declines, citing the unresolved foundational problem.

tense — prosecution left without a clear path forward

Credibility Attacks (1)

⚔ Tom Lange

foundation challenge / gaps in knowledge

Cochran establishes Lange cannot confirm the date the photographs were taken, casting doubt on whether they accurately represent the crime scene on June 13th.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5362 • 23 utterances • Prosecution witness

Criminal Trial

Department 103