Cross-examination of Tom Lange (morning, part 1)

📄 Cross-examination of Tom Lange (morning, part 1) — Monday, March 6, 1995

Address:

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

TRIAL

▲ Day 31 of 167

◀ Recess end Sidebar: newspaper articles and coroner procedures ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Monday, March 6, 1995 • Utterances: 25

Cochran resumes cross-examination of Detective Lange by first establishing that Lange met with prosecutors Darden and Clark to discuss his testimony during breaks. Cochran then directly accuses Darden of coaching Lange to be more aggressive in his answers because Cochran was making points on cross — Lange denies the instruction. The session ends abruptly as Cochran approaches the bench to show an article, presumably to impeach Lange or document the alleged coaching.

# 1 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 2

CROSS-EXAMINATION (RESUMED)

# 3

BY MR. COCHRAN:

# 4 Q:

GOOD MORNING, DETECTIVE LANGE.

# 5 A:

GOOD MORNING.

# 6 Q:

YOU HAVEN'T RETIRED YET, HAVE YOU?

KEY QUOTE

# 7 A:

NOT YET.

# 8 Q:

STILL THERE? OKAY. GREAT. GOOD TO HAVE YOU BACK. YOU HAVE HAD OCCASION, HAVE YOU NOT, DETECTIVE LANGE, TO DISCUSS YOUR TESTIMONY WITH THE DISTRICT ATTORNEYS; ISN'T THAT CORRECT, MR. DARDEN AND MISS CLARK?

# 9 A:

YES.

# 10 Q:

AND DURING THE BREAKS YOU HAVE HAD OCCASION TO TALK ABOUT YOUR TESTIMONY; ISN'T THAT CORRECT?

# 11 A:

ON OCCASION, YES.

# 12 Q:

AND SOMETIMES DURING THE LUNCH HOUR YOU HAVE HAD OCCASION TO GO UP AND DISCUSS YOUR TESTIMONY; IS THAT CORRECT?

# 13 A:

NOT RECENTLY, BUT I HAVE.

# 14 Q:

WELL, WHEN YOU WERE LAST TESTIFYING?

# 15 A:

YES.

# 16 Q:

YOU HAVEN'T BEEN HERE RECENTLY, I TRUST, HAVE YOU?

# 17 A:

NO.

# 18 Q:

NOW, IN THAT CONNECTION DID MR. DARDEN TELL YOU THAT YOU OUGHT TO BE MORE AGGRESSIVE IN YOUR ANSWERS TO MY QUESTIONS BECAUSE I WAS MAKING POINTS ON CROSS-EXAMINATION? DID HE TELL YOU THAT?

# 19 A:

FOR ME TO BE MORE AGGRESSIVE.

# 20 Q:

YES, IN YOUR ANSWERS TO MY QUESTIONS, AND TO VOLUNTEER THINGS, BECAUSE I WAS MAKING POINTS ON CROSS-EXAMINATION?

# 21 A:

NO, I DON'T BELIEVE HE TOLD ME TO BE MORE AGGRESSIVE.

KEY QUOTE

# 22 Q:

YOU DON'T BELIEVE HE TOLD YOU THAT?

# 23 A:

NO.

# 24 Q:

DID YOU HAVE OCCASION -- I WOULD LIKE TO SHOW YOU AN ARTICLE -- YOUR HONOR, I WOULD LIKE TO APPROACH FIRST AND SHOW THE COURT SOMETHING, IF I MIGHT.

# 25 THE COURT:

YES. WITH THE REPORTER, PLEASE.

Temperature

tense

Key Quotes (3)

Johnnie Cochran

DID MR. DARDEN TELL YOU THAT YOU OUGHT TO BE MORE AGGRESSIVE IN YOUR ANSWERS TO MY QUESTIONS BECAUSE I WAS MAKING POINTS ON CROSS-EXAMINATION? DID HE TELL YOU THAT?

Cochran openly accuses the prosecution of coaching the witness — and implicitly concedes he's been winning on cross — a bold rhetorical move.

Tom Lange

NO, I DON'T BELIEVE HE TOLD ME TO BE MORE AGGRESSIVE.

The hedge 'I don't believe' rather than a flat denial gives Cochran something to work with — an equivocal denial under oath.

Johnnie Cochran

YOU HAVEN'T RETIRED YET, HAVE YOU?

Light opener that sets a deceptively casual tone before Cochran pivots to the coaching accusation.

Evidence (1)

Informal

An unidentified article Cochran attempts to show the court, likely related to prosecution coaching of Lange

introduced to court for review — transcript cuts off before display

Notable Exchanges (1)

Johnnie Cochran•Tom Lange

Cochran systematically establishes that Lange met with prosecutors during breaks, then confronts him directly with the allegation that Darden instructed him to be more aggressive on cross because Cochran was scoring points. Lange's denial is hedged rather than flat.

strategic

Light Moments (1)

Johnnie Cochran

Cochran opens by asking if Lange has retired yet, then warmly says 'Good to have you back' — a disarming pleasantry before going for the jugular.

Credibility Attacks (1)

⚔ Tom Lange

bias / witness coaching

Cochran attempts to establish that prosecutor Darden coached Lange to be more aggressive in his cross-examination answers, implying Lange's testimony is shaped by prosecutorial strategy rather than candid recollection. Lange's equivocal denial ('I don't believe he told me') leaves the door open.

Objections

None recorded

Proceeding 5169 • 25 utterances • Prosecution witness

Criminal Trial

Department 103