Direct examination of Detective Adalberto Luper

📄 Direct examination of Detective Adalberto Luper — Friday, March 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\31\DIRECT-EXAMINATION-OF-DETECTIV.DOC

TRIAL

▲ Day 49 of 167

◀ Direct examination of Willie Ford Recess ▶

Witness: Det. Bert Luper
Examiner: Johnnie Cochran
Called by: Defense • Date: Friday, March 31, 1995 • Utterances: 165

Johnnie Cochran questions Detective Adalberto Luper in a 402 hearing about a videotape (Defendant's 1068) shot at OJ Simpson's Rockingham residence on June 14, 1994. Luper admits he kept the tape in his personal desk drawer for three to four months without writing any reports, then moved it to the 'Simpson war room' at Parker Center, and did not disclose its existence to the District Attorney's office until March 22-23, 1995 — weeks into the criminal trial. The tape shows a glove on a table zoomed in on, which Luper concedes he did not consider a 'valuable.'

# 1 THE COURT:

ALL RIGHT. DETECTIVE LUPER. THANK YOU VERY MUCH.

ADALBERTO LUPER (402), CALLED AS A WITNESS BY THE DEFENDANT, PURSUANT TO EVIDENCE CODE SECTION 402, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 2 THE CLERK:

YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?

# 3 DET. BERT LUPER:

I DO.

# 4 THE CLERK:

PLEASE HAVE A SEAT IN THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 5 DET. BERT LUPER:

YES, MA'AM. MY NAME IS ADALBERTO LUPER, FIRST NAME IS SPELLED A-D-A-L-B-E-R-T-O, LAST NAME IS L-U-P-E-R.

# 6

DIRECT EXAMINATION

# 7

BY MR. COCHRAN:

# 8 Q:

GOOD MORNING, DETECTIVE -- GOOD AFTERNOON NOW, DETECTIVE LUPER.

# 9 A:

GOOD AFTERNOON, SIR.

# 10 Q:

YOU WERE ONE OF THE INVESTIGATING OFFICERS ASSIGNED TO THIS CASE; ARE YOU NOT?

# 11 MS. LEWIS:

OBJECTION. VAGUE AS TO INVESTIGATING OFFICER.

# 12 THE COURT:

OVERRULED.

# 13 DET. BERT LUPER:

YES, SIR.

# 14 Q:

BY MR. COCHRAN: AND THEN IN THAT CONNECTION, BACK IN JUNE, ON OR ABOUT JUNE 13TH, 1994, WERE YOU ONE OF THE OFFICERS OR DETECTIVES FROM ROBBERY-HOMICIDE ASSIGNED TO THE SIMPSON CASE?

# 15 A:

YES, SIR.

# 16 Q:

DID YOU AT SOME POINT ON OR ABOUT JUNE 14TH RECEIVE A VIDEOTAPE THAT WAS SHOT OF THE ROCKINGHAM RESIDENCE, SIR?

# 17 A:

YES, I DID.

# 18 Q:

WHAT TIME ON THE 14TH DID YOU RECEIVE SUCH A TAPE?

# 19 A:

IT WAS IN THE MORNING SOMETIME. I DON'T RECALL THE SPECIFIC TIME.

# 20 MR. COCHRAN:

YOUR HONOR, AT SOME POINT, I SHOULD MARK THIS TAPE. IT'S OVER THERE NOW. SO WE'LL RESERVE A NUMBER SO I DON'T FORGET TO MARK IT, AND AS DEFENDANT'S --

# 21 THE COURT:

1068.

# 22 MR. COCHRAN:

DEFENDANT'S 1068.

# 23 (DEFT'S 1068 FOR ID = VIDEOTAPE)

# 24 Q:

BY MR. COCHRAN: YOU'VE RECEIVED -- AND YOU'VE SEEN THE TAPE THIS MORNING; HAVE YOU NOT?

# 25 A:

YES, SIR, I HAVE.

# 26 Q:

OKAY. IT'S ABOUT A 20-, 30-MINUTE TAPE, DEFENDANT'S 1068. YOU RECEIVED --

# 27 MS. LEWIS:

OBJECTION. COUNSEL IS TESTIFYING.

# 28 THE COURT:

OVERRULED. PROCEED.

# 29 Q:

BY MR. COCHRAN: YOU RECEIVED THIS TAPE SOMETIME ON THE 14TH, EARLY MORNING HOURS?

# 30 A:

THAT'S CORRECT. IT WAS IN THE MORNING, YES, SIR.

# 31 Q:

OKAY. DO YOU REMEMBER ABOUT WHAT TIME IT WAS?

# 32 A:

IT WOULD HAVE TO BE ANYWHERE BETWEEN 8:00 AND 10:00, SOMEWHERE IN THAT.

# 33 Q:

ALL RIGHT. FROM WHOM DID YOU RECEIVE THIS TAPE?

# 34 A:

I RECEIVED IT FROM I BELIEVE IT WAS DETECTIVE HARO.

# 35 Q:

FROM HARO?

# 36 A:

YEAH.

# 37 Q:

AND WHERE WERE YOU WHEN YOU RECEIVED THE TAPE FROM HARO?

# 38 A:

I WAS AT -- AT PARKER CENTER, ROOM 321 AT MY DESK.

# 39 Q:

AND WHEN YOU RECEIVED IT IN ROOM 321 AT PARKER CENTER ON JUNE 14TH IN THE EARLY MORNING HOURS OR BETWEEN 8:00 AND 10:00, WHAT DID YOU DO WITH THE TAPE AT THAT POINT?

# 40 A:

I WENT UPSTAIRS TO -- TO ELECTRONIC SECTION AND ASKED TO BE ABLE TO USE THEIR VCR MONITOR TO VIEW THE TAPE.

# 41 Q:

AND DID YOU VIEW THE TAPE AT THAT POINT?

# 42 A:

YES, SIR, I DID.

# 43 Q:

SO YOU SAW IT ON THE 14TH?

# 44 A:

YES, SIR.

# 45 Q:

IT'S THE SAME TAPE WE NOW HAVE HERE TODAY?

# 46 A:

THAT'S CORRECT. YES, SIR.

# 47 Q:

AND DID YOU VIEW IT BY YOURSELF OR WITH SOMEONE ELSE?

# 48 A:

BY MYSELF.

# 49 Q:

ALL RIGHT. AFTER YOU VIEWED THE TAPE, WHAT DID YOU DO WITH IT AT THAT POINT?

# 50 A:

I RETURNED DOWN TO MY OFFICE, AS I WAS CHARGED WITH HAVING TO WRITE THE EMPLOYEE REPORT OF THE SEARCH WARRANT, AND I WAS INFORMED THAT IT WASN'T NECESSARY BECAUSE THE CAPTAIN HAD BEEN THERE AND THE EMPLOYEE REPORT WOULD HAVE BEEN SUBMITTED TO HIM.

# 51 Q:

IS THAT CAPTAIN GARTLAND WE'RE TALKING ABOUT?

# 52 A:

YES, SIR.

# 53 Q:

AND SO YOU DID NOT WRITE AN EMPLOYEE REPORT ABOUT THIS ITEM?

# 54 A:

THAT'S CORRECT, SIR. I DID NOT.

# 55 Q:

ALL RIGHT. YOU THEN TOOK -- YOU HAD POSSESSION OF THE TAPE, DEFENDANT'S 1068. YOU HAD SEEN IT BY NOW. DID YOU WRITE ANY REPORTS AT ALL AT THAT POINT?

# 56 A:

NO, SIR.

# 57 Q:

YOU THEN DID SOMETHING WITH THAT TAPE?

# 58 A:

YES, SIR.

# 59 Q:

AND WHAT WAS THAT?

# 60 A:

I PUT IT IN MY DESK DRAWER.

KEY QUOTE

# 61 Q:

OKAY. NOW, AT THIS POINT -- THIS WAS YOUR REGULAR DESK DRAWER?

# 62 A:

YES, SIR.

# 63 Q:

OKAY. NOW, DID YOU EVER TAKE THAT TAPE UP OR PUT IT IN THE SO-CALLED SIMPSON WAR ROOM AT PARKER CENTER?

# 64 A:

YES, SIR.

# 65 Q:

WHEN WAS THAT?

# 66 A:

THAT WAS PROBABLY THREE, FOUR MONTHS LATER.

# 67 Q:

ALL RIGHT. SO YOU -- AT FIRST, YOU PUT IT IN YOUR DESK; IS THAT CORRECT?

# 68 A:

YES, SIR.

# 69 Q:

AND ABOUT HOW LONG WOULD YOU SAY IT STAYED IN YOUR DESK?

# 70 A:

ABOUT THREE OR FOUR MONTHS.

# 71 Q:

AND THEN YOU HAD OCCASION -- THERE WAS A SIMPSON WAR ROOM DEVELOPED AND THEN -- THAT'S ALSO AT PARKER CENTER?

# 72 A:

YES, SIR.

# 73 Q:

AND THEN YOU HAD OCCASION TO MOVE IT FROM YOUR DESK?

# 74 A:

YES, SIR.

# 75 Q:

WHEN WAS THAT APPROXIMATELY?

# 76 A:

WELL, IT WOULD HAVE BEEN AROUND THE SAME TIME, THREE OR FOUR MONTHS AFTER THE VIDEO WAS TAKEN ALONG WITH SEVERAL BOOKS THAT I HAD.

# 77 Q:

SO THAT WOULD BE JULY -- WELL, STRIKE THAT. WOULD BE ABOUT SEPTEMBER, OCTOBER?

# 78 A:

YEAH. ROUGHLY SEPTEMBER, OCTOBER, YES, SIR.

# 79 Q:

AGAIN, DO YOU HAVE ANY REPORTS ABOUT THE TIME IT WAS MOVED FROM YOUR DESK TO THE WAR ROOM AREA?

# 80 A:

NO, SIR.

# 81 Q:

ALL RIGHT. BUT IT REMAINED IN POLICE CUSTODY AT THAT POINT ALSO?

# 82 A:

YES, SIR. IT WAS LOCKED UP IN A FILE CABINET.

# 83 Q:

AND DID -- BY THAT -- BY THAT TIME, WHEN IT WAS MOVED TO THE LOCATION OF THE WAR ROOM, THE PRELIMINARY HEARING HAD TAKEN PLACE; IS THAT CORRECT?

# 84 A:

YES, SIR.

# 85 Q:

AND BY THAT TIME, IF YOU RECALL, HAD WE STARTED PICKING THE JURY IN THIS CASE?

# 86 A:

I REALLY DON'T KNOW, SIR.

# 87 Q:

ALL RIGHT. IF IT WAS IN OCTOBER, YOU WERE AWARE OF THE PROCEEDINGS THAT TOOK PLACE HERE. WERE YOU --

# 88 A:

I'M AWARE OF THE PROCEEDINGS, YES, SIR, BUT AS TO THE CHRONOLOGY, NO, SIR.

# 89 Q:

ALL RIGHT. SO YOU DON'T KNOW WHETHER IT WAS DURING PRETRIAL OR WE HAD STARTED PICKING A JURY AT THAT POINT?

# 90 A:

THAT'S CORRECT, SIR.

# 91 Q:

BUT YOU CAN TELL US WITHIN THREE OR FOUR MONTHS OF THE TIME YOU FIRST RECEIVED IT ON JUNE 14TH AFTER IT WAS IN YOUR DESK, IT WAS THEN MOVED TO A FILE CABINET IN THE WAR ROOM AT PARKER CENTER; IS THAT CORRECT?

# 92 A:

THAT'S CORRECT, YES, SIR.

# 93 Q:

NOW, AT SOME POINT, YOU HAD OCCASION TO TELL SOMEONE YOU HAD THIS TAPE; ISN'T THAT CORRECT?

# 94 A:

YES, SIR.

# 95 Q:

AND DID THAT COINCIDE WITH SOME TESTIMONY OF DETECTIVE LANGE WITH REGARD TO THE LOCATION OF OBJECTS INSIDE THE SIMPSON GARAGE THERE AT ROCKINGHAM?

# 96 MS. LEWIS:

OBJECTION. VAGUE.

# 97 THE COURT:

OVERRULED.

# 98 DET. BERT LUPER:

NO, SIR. IT HAD NOTHING TO DO WITH ANY TESTIMONY.

# 99 Q:

BY MR. COCHRAN: ALL RIGHT. DO YOU JUST REMEMBER THAT YOU HAD THIS TAPE AT SOME POINT?

# 100 A:

I WAS -- IT WAS BROUGHT TO MY ATTENTION THAT IT WAS POSSIBLE THAT I WAS GOING TO TESTIFY TO THE EXECUTION OF THE SEARCH WARRANT.

# 101 Q:

ALL RIGHT.

# 102 A:

AND DURING MY RESEARCH OF THAT, PHOTOGRAPHS, ET CETERA, I REMEMBERED THAT WE DID HAVE A VIDEOTAPE.

# 103 Q:

ALL RIGHT. NOW, WITH REGARD TO THIS VIDEO, THERE WERE A NUMBER OF OFFICERS OUT THERE ON THE DATE THAT VIDEO WAS SHOT; IS THAT CORRECT?

# 104 A:

THERE WERE SEVERAL PATROL OFFICERS. I BELIEVE THERE WAS MAYBE SEVEN DETECTIVES, FOUR FROM ROBBERY-HOMICIDE, THREE FROM WEST L.A. AND I BELIEVE MR. FUNG AND MISS MAZZOLA AND I THINK THE PRINT PEOPLE HAD ALREADY LEFT.

# 105 Q:

JUST SO WE'RE CLEAR, WERE YOU -- YOU WERE THERE, RIGHT?

# 106 A:

YES, SIR.

# 107 Q:

ALL RIGHT. AND WAS IT YOUR UNDERSTANDING THAT THIS VIDEO WAS SHOT DURING THE EXECUTION OF THE SEARCH WARRANT OR HAD ALL ITEMS BEEN RECOVERED BY THAT TIME?

# 108 A:

ALL THE ITEMS WITHIN THE RESIDENCE HAD BEEN RECOVERED AT THAT TIME. I KNEW THAT THERE WAS SOME PRESUMPTIVE TESTS THAT WE WERE STILL DOING, BUT AS FAR AS I WAS CONCERNED, ALL THE EVIDENCE HAD BEEN RECOVERED, YES, SIR.

# 109 Q:

ALL BEEN RECOVERED EXCEPT FOR MAYBE SOME PRESUMPTIVE TESTS, RIGHT?

# 110 A:

THAT'S CORRECT, YES.

# 111 Q:

ALL RIGHT. AND JUST QUICKLY FOR US, CAN YOU GIVE US THE NAMES OF THE DETECTIVES FROM ROBBERY-HOMICIDE WHO WERE PRESENT DURING THE TAKING OF THIS -- SHOOTING OF THIS VIDEO?

# 112 A:

IT WOULD HAVE BEEN DETECTIVE HARO, H-A-R-O, DETECTIVE HARPER, H-A-R-P-E-R, MY PARTNER, DETECTIVE LE FALL, L-E F-A-L-L, MYSELF AND POSSIBLY DETECTIVE ROBERTS, AND THAT'S THE ONLY ONES THAT COME TO MIND RIGHT NOW, SIR.

# 113 Q:

ALL RIGHT. AND YOU MENTIONED SOMETHING WEST L.A. ANYBODY FROM WEST L.A. YOU RECALL?

# 114 A:

THAT WOULD HAVE BEEN DETECTIVE ROBERTS FROM WEST L.A. I WOULD HAVE TO CHECK THE CRIME SCENE LOG TO BE SURE.

# 115 Q:

ALL RIGHT. NOW, AT SOME POINT, YOU WERE TOLD THAT YOU MIGHT HAVE TO TESTIFY IN CONNECTION WITH THE SEARCH WARRANT?

# 116 A:

THAT'S RIGHT.

# 117 Q:

IN THIS PARTICULAR CASE HERE?

# 118 A:

YES, SIR.

# 119 Q:

YOU DIDN'T TESTIFY IN ANY OF THE PRETRIAL MOTIONS, DID YOU?

# 120 A:

NO, SIR.

# 121 Q:

ALL RIGHT. AND WHEN WERE YOU TOLD THAT AND BY WHOM?

# 122 A:

I WAS TOLD THAT THE LAST WEEK OF FEBRUARY OF THIS YEAR, AND I BELIEVE IT WAS DETECTIVE VANNATTER WHO INFORMED ME OF THAT.

# 123 Q:

SO IN FEBRUARY, VANNATTER TOLD YOU YOU MIGHT HAVE TO TESTIFY IN CONNECTION WITH THE SEARCH WARRANT?

# 124 A:

THAT'S CORRECT. YES, SIR.

# 125 Q:

AND THEN YOU STARTED LOOKING AT PHOTOGRAPHS AND VIDEOS AND YOU DISCOVERED THIS TAPE, RIGHT?

# 126 A:

I -- LOOKING AT PHOTOS, YES. NO VIDEO, BUT I DO -- I REALIZED WE HAD A VIDEO AT THAT TIME, YES.

# 127 Q:

ALL RIGHT. AND WHEN DID YOU BRING THE FACT TO THE ATTENTION OF THE DISTRICT ATTORNEY'S OFFICE THAT YOU HAD THIS VIDEO?

# 128 A:

THAT WAS EITHER MARCH 22ND OR MARCH 23RD OF THIS YEAR, SIR.

# 129 Q:

SO EVEN THOUGH YOU KNEW -- YOU DISCOVERED IT YOURSELF BACK IN FEBRUARY?

# 130 A:

NO. I BELIEVE IT WAS PROBABLY A WEEK OR TWO AFTER THAT THAT THAT I DISCOVERED IT.

# 131 Q:

SO MAYBE THE FIRST PART OF MARCH?

# 132 A:

YEAH. WITHIN THE FIRST TWO WEEKS OF MARCH, YES, SIR.

# 133 Q:

ALL RIGHT. AND YOU FIRST -- YOU TOLD THE DISTRICT ATTORNEY'S OFFICE ABOUT THIS OR SOME REPRESENTATIVE ON OR ABOUT MARCH 22ND?

# 134 A:

THAT'S CORRECT, YES, SIR.

# 135 Q:

WHO WAS TOLD?

# 136 A:

DETECTIVE TOM LANGE WAS TOLD, AT WHICH TIME WE MADE A NOTIFICATION TO THE CITY ATTORNEY'S OFFICE, AND THEN THERE WAS -- THEN SUBSEQUENTLY TURNED OVER TO THE DISTRICT ATTORNEY'S OFFICE.

# 137 Q:

WHO IN THE CITY ATTORNEY'S OFFICE DID YOU TALK TO?

# 138 A:

I DON'T RECALL THE NAME, SIR. I DIDN'T MAKE THE CALL.

# 139 Q:

THAT WOULD HAVE BEEN IN THE FIRST WEEK OR SO OF MARCH?

# 140 A:

NO. THAT WOULD HAVE BEEN ON MARCH 22ND OR THE 23RD.

# 141 Q:

BUT WHEN YOU FIRST DISCOVERED IT DURING THE FIRST WEEK OF MARCH, WHO IN THE ROBBERY-HOMICIDE DIVISION DID YOU TALK TO ABOUT THIS?

# 142 A:

NOBODY.

# 143 Q:

YOU DIDN'T TELL ANYBODY AT FIRST?

# 144 A:

NO.

# 145 Q:

ALL RIGHT. AND WHEN WAS THE FIRST TIME YOU TOLD SOMEBODY IN ROBBERY-HOMICIDE?

# 146 A:

IT WAS EITHER -- IT WOULD HAVE HAD TO EITHER BE MARCH 22ND OR THE 23RD BECAUSE THAT WAS THE FIRST TIME THAT IT WAS BROUGHT UP BY MYSELF.

# 147 Q:

AND WHO DID YOU TELL AT THAT POINT?

# 148 A:

DETECTIVE LANGE.

# 149 Q:

SO ANY PARTICULAR REASON YOU DIDN'T TELL ANYBODY BETWEEN THE TIME YOU DISCOVERED IT THE FIRST WEEK OF MARCH AND MARCH 22ND, 23RD?

# 150 A:

NO PARTICULAR REASON OTHER THAN I DIDN'T AT THAT TIME FEEL THAT IT WAS SOMETHING THAT THEY NEEDED TO KNOW BECAUSE OF THE REASONS IT WAS BEING HELD INITIALLY.

KEY QUOTE

# 151 Q:

I SEE. AND WHAT WAS YOUR UNDERSTANDING FOR WHY THIS TAPE WAS SHOT ORIGINALLY?

# 152 A:

IT WAS SHOT STRICTLY FOR ADMINISTRATIVE PURPOSES, TO RECORD THE VALUABLE ITEMS AT MR. SIMPSON'S RESIDENCE AND TO PREVENT ANY CIVIL LIABILITY THAT MIGHT ARISE IN THE FUTURE.

KEY QUOTE

# 153 Q:

WAS THERE A CITY ATTORNEY ON THE PREMISES ON THE DAY THAT IT WAS SHOT?

# 154 A:

NO, SIR.

# 155 Q:

AND DO YOU -- WHEN YOU SAW THAT TAPE, YOU SAW HOWEVER -- STRIKE THAT. WERE YOU AWARE THAT THE MAN WHO SHOT THE TAPE HAD RECEIVED INSTRUCTIONS TO SHOOT EVERY AND ANYTHING INSIDE THE RESIDENCE AND MOST OF THE EXTERIOR? WERE YOU AWARE OF THAT?

# 156 A:

MY UNDERSTANDING OF THE INSTRUCTIONS WERE THAT HE WAS TO FILM THE VALUABLES IN THE RESIDENCE AND TO DO A CURSORY FILMING OF THE EXTERIOR, YES, SIR.

# 157 Q:

DID YOU -- IN WATCHING THE TAPE, DID YOU SEE THE GLOVE ON THE TABLE THAT WAS ZOOMED IN ON?

# 158 A:

YES, SIR.

# 159 Q:

YOU DIDN'T CONSIDER THAT ONE OF THE VALUABLES, DID YOU?

# 160 A:

NO.

# 161 THE COURT:

ALL RIGHT. MR. COCHRAN, WE'RE GOING TO NEED TO BREAK HERE.

# 162 MR. COCHRAN:

MAY WE APPROACH JUST A SECOND?

# 163 THE COURT:

WELL, WHAT I ANTICIPATE DOING AT THIS POINT IS BREAKING HERE. I HAVE A 1:30 CALENDAR. I HAVE A WHITE COLLAR SENTENCING HEARING WITH FOUR DEFENDANTS AT 1:30. SO I ANTICIPATE RECESSING THIS NOW AND RECONVENING AT 8:30 ON MONDAY.

# 164 MR. COCHRAN:

OKAY. ALL RIGHT. THAT'S FINE.

# 165 THE COURT:

ALL RIGHT. DETECTIVE LUPER, I'M GOING TO ORDER YOU TO RETURN MONDAY MORNING, 8:30. DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY EXCEPT FOR THE LAWYERS ON EACH SIDE.

Temperature

tense

Key Quotes (4)

Adalberto Luper

I PUT IT IN MY DESK DRAWER.

Establishes that key evidence — a videotape of the Rockingham crime scene — was stored in a detective's personal desk rather than logged into evidence, raising chain-of-custody concerns.

Adalberto Luper

NO PARTICULAR REASON OTHER THAN I DIDN'T AT THAT TIME FEEL THAT IT WAS SOMETHING THAT THEY NEEDED TO KNOW BECAUSE OF THE REASONS IT WAS BEING HELD INITIALLY.

Luper admits he withheld knowledge of the tape from the prosecution for weeks with no formal justification, a damaging admission about disclosure practices.

Adalberto Luper

IT WAS SHOT STRICTLY FOR ADMINISTRATIVE PURPOSES, TO RECORD THE VALUABLE ITEMS AT MR. SIMPSON'S RESIDENCE AND TO PREVENT ANY CIVIL LIABILITY THAT MIGHT ARISE IN THE FUTURE.

Reveals the tape's stated purpose was administrative/protective, not evidentiary — yet it captured potentially significant evidence including a zoomed-in shot of a glove.

Johnnie Cochran

DID YOU SEE THE GLOVE ON THE TABLE THAT WAS ZOOMED IN ON? ... YOU DIDN'T CONSIDER THAT ONE OF THE VALUABLES, DID YOU?

Cochran's closing question before recess links the tape directly to the glove evidence thread, suggesting the tape may show the glove in a location inconsistent with police testimony.

Evidence (2)

Defendant's 1068

Videotape of the Rockingham residence shot on June 14, 1994, during or just after execution of the search warrant

Marked for identification; chain of custody established through Luper's testimony

Informal

Glove on a table inside the Rockingham residence, visible on the videotape and zoomed in on

Referenced in final question before recess; Luper confirms he saw it but did not consider it a 'valuable'

Notable Exchanges (2)

Johnnie Cochran•Adalberto Luper

Cochran methodically establishes that Luper kept the videotape in his personal desk for three to four months, wrote no reports about it, moved it to the war room without documentation, and then failed to disclose it to the prosecution for weeks after rediscovering it in early March 1995 — not notifying anyone until March 22-23.

strategic

Johnnie Cochran•Adalberto Luper

Cochran ends the examination by getting Luper to confirm he saw the glove on the table in the tape and then directly asking whether he considered it a 'valuable' — Luper answers simply 'No,' leaving the implication hanging before the judge calls a recess.

revealing

Credibility Attacks (1)

⚔ Adalberto Luper

omission and delayed disclosure

Cochran establishes that Luper wrote no reports about the tape, stored it in his personal desk for months, and sat on knowledge of its existence for weeks before disclosing it mid-trial — suggesting either negligence or deliberate concealment of potentially exculpatory evidence.

Objections

3 objections (0 sustained, 3 overruled)

Proceeding 5542 • 165 utterances • Defense witness

Criminal Trial

Department 103