Cross-examination of Tom Lange (afternoon, part 4)

📄 Cross-examination of Tom Lange (afternoon, part 4) — Monday, March 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\6\CROSS-EXAMINATION-OF-TOM-LANGE.DOC

TRIAL

▲ Day 31 of 167

◀ Sidebar: envelope and photographs Sidebar: Goldman's clothing ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Monday, March 6, 1995 • Utterances: 152

Cochran continues cross-examining Detective Lange, probing gaps in the investigation: how Lange peered into the envelope containing glasses at the scene, a mysterious 'Bonita Ecuador' fruit label found near the gate that was booked into evidence but never followed up on, and the failure to investigate Ron Goldman's movements and last meal on the night of the murders. Cochran methodically exposes that Lange delegated key investigative tasks and never personally verified critical details about Goldman's timeline.

# 1 THE COURT:

MR. COCHRAN, YOU'RE GOING TO WITHDRAW 1047?

# 2 MR. COCHRAN:

YES, YOUR HONOR.

# 3 (DEFT'S 1047 = WITHDRAWN)

# 4 MR. COCHRAN:

I HAVE ANOTHER PHOTOGRAPH. I THINK IT'S PEOPLE'S 104 I GUESS FOR IDENTIFICATION.

# 5 Q:

BY MR. COCHRAN: ON THE ELMO. DETECTIVE LANGE, WITH REGARD TO --

# 6 THE COURT:

I THINK MR. FAIRTLOUGH NEEDS THE BAR CODE BACK.

# 7 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 8 THE COURT:

CAN WE BRING THAT UP?

# 9 Q:

BY MR. COCHRAN: DETECTIVE LANGE, HAVE YOU SEEN THAT, WHAT'S DEPICTED THERE BEFORE, SIR?

# 10 A:

YES.

# 11 Q:

AND WAS THE ENVELOPE IN THAT APPROXIMATE CONDITION WHEN YOU SAW IT AT THE SCENE BEFORE YOU PEERED INSIDE OF IT?

# 12 A:

I BELIEVE SO.

# 13 Q:

IF YOU CAN TELL US -- AND YOU MAY HAVE TO STEP DOWN. WHAT I WANTED TO FIND OUT WAS, HOW DID YOU PEER INSIDE THE ENVELOPE? SINCE WE DON'T HAVE THE ENVELOPE HERE THIS MORNING IS THE PROBLEM. SO IF YOU CAN HELP US WITH THAT AND PAINT A WORD PICTURE FOR THE JURY AS TO HOW YOU PEERED INSIDE THE ENVELOPE, SIR.

# 14 A:

WELL, I PEERED INSIDE IT BY STANDING OVER IT AND BENDING OVER. IF YOU NOTICE, IN THE UPPER LEFT QUADRANT THERE IS THE OPENING THAT I EARLIER ALLUDED TO, AND THAT'S WHAT I LOOKED INTO.

# 15 Q:

WHEN YOU SAY THE UPPER LEFT QUADRANT --

# 16 A:

YES.

# 17 Q:

-- CAN YOU STEP DOWN AND POINT THAT OUT SO EVERYBODY IS CLEAR? DO YOU NEED A POINTER?

# 18 A:

I HAVE ONE. I BELIEVE IT'S RIGHT OUT IN THIS AREA RIGHT HERE (INDICATING).

# 19 MR. COCHRAN:

YOUR HONOR, HE'S INDICATING IN THE UPPER LEFT QUADRANT OF THE ENVELOPE NEAR THE TOP.

# 20 THE COURT:

YES.

# 21 Q:

BY MR. COCHRAN: ALL RIGHT. AND SO YOU LOOKED INSIDE FROM THAT VANTAGE POINT; IS THAT CORRECT, SIR?

# 22 A:

YES.

# 23 Q:

AND WHAT DID YOU SEE? NOW, YOU SAW THESE GLASSES. THEN YOU SAW WHAT ELSE?

# 24 A:

IT APPEARED TO ME TO BE A PAIR OF GLASSES. I DIDN'T SEE A WHOLE LOT MORE. YOU CAN'T SEE A WHOLE LOT THROUGH THAT LITTLE CRACK.

KEY QUOTE

# 25 Q:

ALL RIGHT. AND YOU NEVER -- THAT'S AS MUCH AS YOU SAW AT THAT TIME; IS THAT CORRECT?

# 26 A:

YES.

# 27 Q:

AND IN YOUR NOTES, DID YOU EVER ASCERTAIN -- WELL, YOU MAY RESUME YOUR SEAT, SIR. DID YOU EVER ASCERTAIN WHETHER OR NOT THERE WAS MORE THAN ONE LENS INSIDE THAT ENVELOPE?

# 28 A:

I DID NOT.

# 29 Q:

AND SO YOU DON'T KNOW AT THIS POINT; IS THAT CORRECT?

# 30 A:

I DON'T KNOW.

# 31 Q:

WERE YOU EVER TOLD AFTER YOU WERE ON THE WITNESS STAND LAST WEEK THAT THERE WAS ONLY ONE LENS FOUND IN THAT ENVELOPE AT SOME LATER TIME? WERE YOU EVER TOLD THAT?

# 32 A:

I BELIEVE YOU MENTIONED THAT.

# 33 Q:

ALL RIGHT. AND DID ANYBODY ELSE EVER TELL YOU THAT OTHER THAN MYSELF IN QUESTIONS?

# 34 A:

NO.

# 35 Q:

NOW, DID YOU NOTE THIS IN YOUR NOTES AT ALL AS TO ANYTHING ABOUT LENSES, THE NOTES THAT WE'VE BEEN TALKING ABOUT?

# 36 A:

NO.

# 37 Q:

SO YOU DON'T INDICATE IN YOUR NOTES WHETHER OR NOT THERE WERE ONE LENS OR TWO LENSES?

# 38 A:

AGAIN, I DON'T RECALL SEEING ONE OR TWO LENSES.

# 39 Q:

YOU JUST SAW THESE GLASSES; IS THAT RIGHT?

# 40 A:

THEY APPEARED TO BE A PAIR OF GLASSES IN THE ENVELOPE, YES.

# 41 Q:

DO YOU KNOW WHETHER OR NOT THERE WAS A -- EVER A PICTURE TAKEN OF THESE GLASSES AT THE TIME THE ENVELOPE WAS BOOKED?

# 42 A:

AT THE TIME IT WAS BOOKED?

# 43 Q:

YES.

# 44 A:

I DON'T BELIEVE THERE WOULD HAVE BEEN, NO.

# 45 Q:

IT WOULD HAVE BEEN BOOKED IN THAT SAME CONDITION AS IT NOW APPEARS ON THE ELMO?

# 46 A:

IT SHOULD HAVE BEEN, YES.

# 47 Q:

NOW, WITH REGARD TO -- I ASKED YOU SOME QUESTIONS BEFORE ABOUT THE MOVING EVIDENCE. IN ANY OF YOUR NOTES OR ANY OF YOUR REPORTS, DID YOU EVER AT ANY TIME NOTE THAT ANY OF THE EVIDENCE HAD ACTUALLY BEEN MOVED?

# 48 MS. CLARK:

OBJECTION. ASKED AND ANSWERED.

# 49 MR. COCHRAN:

WELL, IT'S PRELIMINARY.

# 50 THE COURT:

OVERRULED.

# 51 DET. TOM LANGE:

NO.

# 52 Q:

BY MR. COCHRAN: AND THE EVIDENCE AS I UNDERSTAND IT THAT WE HAVE OF THE EVIDENCE BEING MOVED ARE THE PHOTOS THEMSELVES; IS THAT CORRECT?

# 53 A:

PHOTOGRAPHS. THAT'S CORRECT.

# 54 Q:

DID YOU EVER -- DID YOU FIND SOME KIND OF A BONITA ECUADOR LABEL SOMEWHERE OUT AT THAT SCENE THAT DAY?

# 55 A:

YES.

# 56 Q:

AND WHAT IS A BONITA ECUADOR LABEL?

# 57 A:

IT APPEARED TO ME TO BE A SMALL STICKER LABEL THAT PERHAPS WOULD GO ON A PIECE OF FRUIT.

KEY QUOTE

# 58 Q:

AND WHERE DID YOU FIND THIS PARTICULAR LABEL, SIR?

# 59 A:

IT WAS FOUND NEAR THE EAST POLE OF THE STATIONARY GATE EAST OF THE SIDEWALK I BELIEVE TWO OR THREE INCHES FROM THAT LOCATION.

# 60 Q:

WHERE IS THAT LABEL NOW?

# 61 A:

I BELIEVE IT WAS BOOKED INTO EVIDENCE.

# 62 Q:

ALL RIGHT. HAVE YOU SEEN IT RECENTLY?

# 63 A:

NO.

# 64 Q:

AND WHEN YOU SAY IT WAS FOUND NEAR THE EAST POLE, WHERE WAS IT? WAS IT ON THE GROUND? WHERE WAS IT?

# 65 A:

IT WAS ON THE GROUND, YES.

# 66 Q:

AND IT WAS THEN BOOKED INTO EVIDENCE; IS THAT CORRECT?

# 67 A:

YES.

# 68 Q:

AND WITH REGARD TO THAT, WHEN IS THE LAST TIME YOU SAW THAT LABEL?

# 69 A:

THE LAST TIME I SAW IT WOULD HAVE BEEN THE DAY OF THE 13TH.

# 70 Q:

AND WOULD THAT BE THE KIND OF LABEL THAT MIGHT BE ON LIKE A BANANA, SOME KIND OF FRUIT?

# 71 A:

I SUPPOSE IT'S POSSIBLE.

# 72 Q:

YOU DON'T KNOW WHERE THAT LABEL IS TODAY, DO YOU?

# 73 A:

WHERE IT IS?

# 74 Q:

YES. WHERE IT IS PRESENTLY.

# 75 A:

IT'S AT SCIENTIFIC INVESTIGATION DIVISION.

# 76 Q:

SO IT WOULD STILL BE AT LAPD?

# 77 A:

YES.

# 78 Q:

SO IF WE WANTED TO GET IT BROUGHT OVER, YOU COULD DO THAT FOR US?

# 79 A:

I COULD PROBABLY SEE THAT IT WAS DONE, YES.

# 80 Q:

OVER THE LUNCH HOUR?

# 81 A:

CERTAINLY.

# 82 Q:

DO YOU RECALL ANY PHOTOGRAPHS BEING TAKEN OF THAT LABEL?

# 83 A:

THE LABEL APPEARS IN ONE PHOTOGRAPH, BUT NOT A CLOSE-UP SHOT. IT'S AN OVERALL SHOT.

# 84 Q:

ALL RIGHT. NOW, WITH REGARD TO MR. GOLDMAN, DID YOU ON THE DATE OF JUNE 13TH OR ANY TIME AROUND THAT TIME CONDUCT ANY INVESTIGATION BY GOING PERSONALLY TO MR. GOLDMAN'S APARTMENT TO TRY AND TRACE HIS ACTIVITIES ON THE EVENING HOURS OF JUNE 12TH, 1994?

# 85 A:

I DID NOT. I HAD TWO OTHER DETECTIVES DO THAT.

# 86 Q:

AND WHO WERE THEY?

# 87 A:

DETECTIVES TIPPIN AND CARR.

# 88 Q:

AND WHAT DID YOU HAVE THEM DO, IF YOU RECALL?

# 89 A:

THEY WENT TO MR. GOLDMAN'S RESIDENCE.

# 90 Q:

LET ME -- CAN I STOP YOU THERE FOR A MINUTE? WHEN DID THEY FIRST GO TO MR. GOLDMAN'S RESIDENCE?

# 91 A:

WHEN?

# 92 Q:

YES. WHEN, SIR?

# 93 A:

I DON'T RECALL. IT WAS AFTER THE 13TH. I DON'T SPECIFICALLY RECALL THE DATE. THEY HAVE A LOG.

# 94 Q:

THEY HAVE A LOG?

# 95 A:

YES.

# 96 Q:

DOES YOUR LOG INDICATE AT ALL WHEN THEY WENT?

# 97 A:

I DON'T BELIEVE IT WOULD BE IN MY LOG. IT SHOULD BE IN THEIR LOG.

# 98 Q:

OKAY. AND THAT WOULD BE TIPPIN AND WHO ELSE?

# 99 A:

CARR.

# 100 Q:

AND CARR? NOW -- I INTERRUPTED YOU. WHAT DID THEY DO AS BEST YOU CAN RECALL WITH REGARD TO MR. GOLDMAN?

# 101 A:

CONDUCTED AN INVESTIGATION AT MR. GOLDMAN'S APARTMENT.

# 102 Q:

AND DID THEY GO THROUGH SOME KIND OF A DAYBOOK OR NOTEBOOK OF HIS AND LOOK THROUGH CERTAIN PAPERS? IS THAT CORRECT?

# 103 A:

I BELIEVE THEY DID.

# 104 Q:

AND WE'VE BEEN PROVIDED WITH COPIES OF THAT; IS THAT CORRECT?

# 105 A:

I BELIEVE SO.

# 106 Q:

NOW, IN THAT CONNECTION, AS THE INVESTIGATING OFFICER IN THIS CASE, WOULD IT BE RELEVANT TO YOU TO KNOW, FOR INSTANCE, WHAT TIME MR. GOLDMAN HAD HIS LAST MEAL THAT EVENING?

# 107 A:

CERTAINLY COULD BE, YES.

# 108 Q:

AND DID YOU ASCERTAIN WHERE AND WHEN HE HAD HIS LAST MEAL, AT WHAT TIME?

# 109 A:

I DID NOT.

# 110 Q:

YOU DID NOT DO THAT?

# 111 A:

NO.

# 112 Q:

WITH REGARD TO MR. GOLDMAN'S STOMACH CONTENTS, THEY WERE NOT THROWN AWAY AS WITH MISS NICOLE BROWN SIMPSON; ISN'T THAT CORRECT?

# 113 A:

THAT'S MY UNDERSTANDING.

# 114 Q:

AND SO THE STOMACH CONTENTS WERE AVAILABLE. AND HAVE YOU IN THE COURSE OF YOUR INVESTIGATION HAD OCCASION TO EXAMINE THE STOMACH CONTENTS OR DISCUSSED THAT WITH THE CORONER TO ASSIST YOU IN EXTRAPOLATING BACKWARDS AS TO WHEN MR. GOLDMAN MIGHT HAVE HAD HIS LAST MEAL PRIOR TO THE TIME OF HIS DEATH?

# 115 A:

THAT EXAMINATION --

# 116 MS. CLARK:

OBJECTION. OBJECTION, YOUR HONOR. THAT'S NOT RELEVANT. BEYOND THE SCOPE.

# 117 THE COURT:

OVERRULED.

# 118 DET. TOM LANGE:

THAT EXAMINATION WOULD BE CONDUCTED BY THE CORONER'S OFFICE.

# 119 Q:

BY MR. COCHRAN: ALL RIGHT. BUT YOU AS A -- YOU WERE PRESENT DURING THE AUTOPSY; WERE YOU NOT?

# 120 A:

THAT'S CORRECT.

# 121 Q:

YOU ARE THE INVESTIGATING OFFICER, ONE OF THEM; IS THAT RIGHT?

# 122 A:

THAT'S CORRECT.

# 123 Q:

TIME OF DEATH IS CRITICAL IN THIS CASE; IS IT NOT?

# 124 A:

YES.

# 125 Q:

AND DID YOU TALK TO THE CORONER'S OFFICE ABOUT THESE STOMACH CONTENTS OF MR. GOLDMAN TRYING TO DETERMINE WHEN AND -- WHEN HE HAD HIS LAST MEAL, AT WHAT TIME?

# 126 A:

WE DISCUSSED TIME OF DEATH IN REGARDS TO STOMACH CONTENTS AND THE FACT THAT DIGESTION COULD BE RETARDED IF ONE WERE UNDER A GREAT DEAL OF STRESS. CONSEQUENTLY, THE FINDINGS REGARDING THE CONTENTS OF THE STOMACH MAY NOT ALWAYS BE ACCURATE.

# 127 Q:

WELL, WHO TOLD YOU THAT ANYONE WAS UNDER A GREAT DEAL OF STRESS?

# 128 A:

WHO TOLD ME?

# 129 Q:

YES. WHO TOLD YOU THAT?

# 130 A:

THAT'S MY OPINION, THAT BOTH OF THESE VICTIMS WOULD CERTAINLY BE UNDER A GREAT DEAL OF STRESS.

KEY QUOTE

# 131 Q:

ALL RIGHT. WELL, WHAT WE'RE TALKING ABOUT IS THE STOMACH CONTENTS AND THE CONDITION THEY EXISTED BEFORE THE TIME OF DEATH, OFFICER; ISN'T THAT CORRECT? IN OTHER WORDS -- ISN'T THAT WHAT WE'RE TALKING ABOUT?

# 132 A:

I DON'T KNOW. I ASSUMED YOU WERE ASKING ME ABOUT STOMACH CONTENTS AS THEY RELATE TO TIME OF DEATH.

# 133 Q:

YES, SIR. DID YOU DO ANYTHING TO DETERMINE WHAT TIME MR. GOLDMAN HAD HIS LAST MEAL?

# 134 A:

NO. MR. GOLDMAN HAD BEEN WORKING --

# 135 Q:

I UNDERSTAND THAT.

# 136 A:

-- SEVERAL HOURS PRIOR TO THAT, AND AS FAR AS I -- MY INFORMATION WAS, HE DIDN'T HAVE A MEAL. HE MAY HAVE EATEN SOMETHING, BUT I HAD NO INFORMATION AS TO HIM EATING A MEAL.

# 137 Q:

ALL RIGHT. DID YOU -- WOULD IT BE IMPORTANT IN THE COURSE OF YOUR INVESTIGATION TO TRY AND DETERMINE WHERE MR. GOLDMAN WENT AFTER HE GOT OFF WORK?

# 138 A:

YES.

# 139 Q:

DID YOU DO ANYTHING TO TRY AND DETERMINE THAT?

# 140 A:

YES.

# 141 Q:

AND WHAT DID YOU DO IN THAT CONNECTION?

# 142 A:

DETECTIVES TIPPIN AND CARR INVESTIGATED AT MR. GOLDMAN'S APARTMENT AND FOUND CLOTHING THAT HE HAD BEEN WEARING THAT NIGHT AT WORK AT MEZZALUNA.

# 143 Q:

WERE THE CLOTHING -- WAS THAT CLOTHING IN A BAG OF SOME KIND?

# 144 A:

I DON'T RECALL IF IT WAS IN A BAG OR NOT.

# 145 Q:

DID YOU LOOK INSIDE THE POCKETS OF THAT CLOTHING?

# 146 A:

DID I? NO.

# 147 Q:

DID THEY LOOK INSIDE THE POCKETS, IF YOU KNOW?

# 148 A:

I DON'T KNOW.

# 149 Q:

DO YOU KNOW WHETHER OR NOT THERE WERE ANY NOTES FOUND IN OR ABOUT THOSE -- THE CLOTHING OF MR. GOLDMAN'S?

# 150 A:

NONE WERE BROUGHT TO MY ATTENTION.

# 151 MR. COCHRAN:

LET ME ASK YOUR HONOR ABOUT SOME EVIDENCE IF I MIGHT.

# 152 THE COURT:

SURE.

Temperature

procedural

Key Quotes (4)

Tom Lange

IT APPEARED TO ME TO BE A PAIR OF GLASSES. I DIDN'T SEE A WHOLE LOT MORE. YOU CAN'T SEE A WHOLE LOT THROUGH THAT LITTLE CRACK.

Establishes how limited Lange's observation of the envelope contents actually was — he couldn't confirm one lens vs. two, undermining the prosecution's account of the glasses evidence.

Tom Lange

THAT'S MY OPINION, THAT BOTH OF THESE VICTIMS WOULD CERTAINLY BE UNDER A GREAT DEAL OF STRESS.

Lange volunteers a speculative assumption about victim stress to explain away unreliable stomach-content evidence, which Cochran immediately turns against him — Lange is editorializing rather than investigating.

Tom Lange

IT APPEARED TO ME TO BE A SMALL STICKER LABEL THAT PERHAPS WOULD GO ON A PIECE OF FRUIT.

The Bonita Ecuador fruit label was booked into evidence but apparently never examined closely or photographed in detail — a loose end Cochran is clearly setting up for later.

Tom Lange

MR. GOLDMAN HAD BEEN WORKING -- SEVERAL HOURS PRIOR TO THAT, AND AS FAR AS I -- MY INFORMATION WAS, HE DIDN'T HAVE A MEAL. HE MAY HAVE EATEN SOMETHING, BUT I HAD NO INFORMATION AS TO HIM EATING A MEAL.

Lange admits he never personally investigated Goldman's last meal, which would be central to establishing time of death — a notable investigative gap.

Evidence (6)

Defense 1047

Unspecified photograph, withdrawn by Cochran

withdrawn

People's 104

Photograph of the envelope containing glasses, displayed on the ELMO

discussed

Informal

Envelope containing glasses (or glass lens), found at crime scene

discussed — Lange demonstrates on ELMO how he peered inside through a gap in the upper left quadrant

Informal

Bonita Ecuador fruit label — small sticker found near the east pole of the stationary gate, booked into evidence June 13th

discussed — Cochran requests it be retrieved from LAPD SID over lunch

Informal

Ron Goldman's work clothing from his apartment, found by Detectives Tippin and Carr

discussed — pockets were not searched by Lange or confirmed searched by anyone

Informal

Goldman's daybook/notebook, examined by Detectives Tippin and Carr at his apartment

discussed

Notable Exchanges (3)

Johnnie Cochran•Tom Lange

Cochran asks Lange to step down from the witness stand and physically point to the opening on the envelope photograph on the ELMO, having him demonstrate exactly how he peered inside. Cochran then narrates for the record: 'He's indicating in the upper left quadrant of the envelope near the top.'

strategic

Johnnie Cochran•Tom Lange

Cochran presses Lange on whether he investigated Goldman's last meal using stomach contents. Lange deflects by noting stress can retard digestion — an opinion he volunteered without any medical authority. Cochran immediately isolates the assumption: 'Who told you that anyone was under a great deal of stress?'

revealing

Johnnie Cochran•Tom Lange

Cochran asks about the Bonita Ecuador fruit label found near the crime scene gate, establishes it was booked into evidence, then requests Lange arrange for it to be brought to court over the lunch recess. Lange agrees. Its investigative significance is left hanging.

strategic

Light Moments (1)

Johnnie Cochran

Cochran asks if the evidence could be retrieved from LAPD SID 'over the lunch hour' — an oddly casual logistical aside mid-cross — and Lange replies simply 'Certainly.'

Credibility Attacks (2)

⚔ Tom Lange

omission / investigative failure

Cochran establishes that Lange never personally investigated where Goldman went after work, never examined his clothing pockets, never determined the time of his last meal, and delegated key investigative steps to Tippin and Carr without follow-up. Cochran frames each gap as a question: 'Did you do that?' — and each time Lange says no.

⚔ Tom Lange

unsupported speculation

Lange volunteers that digestion can be 'retarded by stress' to explain away inconclusive stomach-content evidence, but Cochran reveals this was Lange's personal opinion with no basis in the investigation — no one told him the victims were stressed.

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 5154 • 152 utterances • Prosecution witness

Criminal Trial

Department 103