Marcia Clark conducts redirect examination of Detective Lange, using the defense's own crime scene videotape (Defense Exhibit 1043) to rehabilitate her case. She establishes that Lange wore gloves when handling evidence, that investigators were not standing in blood, and that the tape is not a continuous record of events. She also draws together a chain of circumstantial evidence: Lange's visual comparison of the two gloves, his observation that OJ's hands were much larger than his own, OJ's cut left-hand finger, and the left-handed grip required to open the Bronco's door handle.
# 1 MS. CLARK: THANK YOU, YOUR HONOR.
# 2 REDIRECT EXAMINATION (RESUMED)
# 4 Q: OKAY. DETECTIVE LANGE, YOU RECALL THAT A VIDEO WAS SHOWN TO YOU BY MR. COCHRAN?
# 5 MR. COCHRAN: CAN WE TAKE THAT DOWN UNTIL WE GET THE VIDEO UP?
# 6 THE COURT: I'M SORRY?
# 7 MR. COCHRAN: IS THE VIDEO GOING TO BE SHOWN NOW?
# 8 (NODS HEAD UP AND DOWN.) # 9 MR. COCHRAN: CAN WE FIND OUT WHAT IT IS?
# 10 MS. CLARK: IT IS YOURS.
# 11 MR. COCHRAN: NOBODY TOLD US.
# 12 THE COURT: ALL RIGHT. PROCEED. AND WHICH EXHIBIT IS THIS, MISS CLARK?
# 13 Q: BY MS. CLARK: DETECTIVE LANGE -- DEFENSE 1043, YOUR HONOR.
# 14 THE COURT: ALL RIGHT. PROCEED.
# 15 (AT 1:43 P.M., DEFENSE EXHIBIT 1043, A VIDEOTAPE, WAS PLAYED.) # 16 Q: BY MS. CLARK: ALL RIGHT. YOU WERE SHOWN THIS VIDEO BY MR. COCHRAN, DURING CROSS-EXAMINATION, OF THE CRIME SCENE AT 875 SOUTH BUNDY. DO YOU RECALL THAT, SIR?
# 18 Q: ALL RIGHT. FIRST OF ALL, IN THE FRAME SHOWN TO YOU RIGHT NOW, WHICH IS MARKED WITH A COUNTER AT THE BOTTOM OF 1:11:33:07, DO YOU SEE A WHITE OBJECT IN THE BACKGROUND NEAR THE STEPS?
# 20 Q: AND WHAT IS THAT?
# 21 A: THAT IS THE AREA OF THE BODY OF NICOLE BROWN SIMPSON.
# 22 Q: AND WHO PUT THAT BLANKET ON HER BODY?
# 24 Q: DID YOU TOUCH HER BODY IN ANY WAY WHEN YOU DID THAT?
# 25 A: NO, NOT MYSELF, OTHER THAN WITH THE BLANKET.
# 26 Q: DID THE BLOOD ON HER BACK AND ON HER THIGHS APPEAR TO BE WET OR DRY?
# 28 (THE VIDEOTAPE CONTINUES PLAYING.) # 29 Q: ALL RIGHT. DO YOU SEE YOURSELF THERE, SIR?
# 31 Q: ARE YOU WEARING GLOVES?
# 33 Q: OKAY. DID YOU SEE OTHER POINTS IN THE VIDEO WHEN YOU WERE NOT WEARING GLOVES EARLIER WHEN IT WAS SHOWN TO YOU BY MR. COCHRAN?
# 35 Q: AND CAN YOU EXPLAIN TO US WHY YOU ARE WEARING GLOVES AT THIS POINT?
# 36 A: I AM ACTUALLY IN THE CRIME SCENE DOING MY CRIME SCENE INVESTIGATION, MEASURING EVIDENCE, MEASURING DISTANCES BETWEEN BODIES, THIS TYPE OF THING.
# 37 Q: OKAY. AND WHEN YOU WERE NOT WEARING GLOVES, WHAT WERE YOU DOING?
# 38 MR. COCHRAN: I THINK IT SPEAKS FOR ITSELF, YOUR HONOR. WE CAN SEE THAT.
# 39 THE COURT: OVERRULED.
# 40 DET. TOM LANGE: WELL, OTHER THINGS, OTHER THAN THE DIRECT CRIME SCENE INVESTIGATION. I WAS TALKING TO PEOPLE. WHEN I WALKED THROUGH THE HOUSE, I WASN'T WEARING GLOVES.
# 41 Q: BY MS. CLARK: WERE YOU COLLECTING ANY EVIDENCE INSIDE THE HOUSE?
# 43 Q: AT THE POINT WHEN YOU WERE NOT WEARING GLOVES WERE YOU COLLECTING OR DEALING WITH ANY EVIDENCE?
# 44 A: NO. (THE VIDEOTAPE CONTINUES PLAYING.)
# 45 Q: NOW, YOU CAN SEE -- DO YOU RECALL STEPPING AROUND THE CRIME SCENE -- YOU RECALL MAKING THOSE MOVEMENTS THAT ARE SHOWN IN THE TAPE AT THIS POINT?
# 47 Q: AND WHAT WERE YOU DOING? WHY WERE YOU STEPPING THAT WAY?
# 48 A: STEPPING AROUND THE BLOOD SO AS NOT TO STEP IN IT.
# 49 MS. CLARK: OKAY. I THINK THIS IS THE SLOWEST SLOW MOTION I HAVE EVER SEEN.
KEY QUOTE # 50 THE COURT: ALL RIGHT. THE RECORD SHOULD REFLECT THAT THE VIDEOTAPE IS BEING SHOWN IN WHAT APPEARS TO BE A SLOW MOTION AND NOW STOPPED.
# 51 MS. CLARK: THANK YOU.
# 52 THE COURT: MISS CLARK.
# 53 MS. CLARK: YES. I AM WAITING FOR THE -- WE COULD SPEED IT UP JUST A LITTLE.
# 54 (THE VIDEOTAPE CONTINUES PLAYING.) # 55 Q: BY MS. CLARK: OKAY. CAN YOU TELL US WHERE YOU ARE STANDING, SIR, AT THIS POINT?
# 56 A: I'M STANDING ON THE WALKWAY JUST TO THE EAST OF THE FRONT OF NICOLE BROWN SIMPSON.
# 57 Q: ARE YOU STANDING IN BLOOD, SIR?
# 59 Q: NOW, IN THIS VIDEO ARE YOU ABLE TO SEE YOUR FEET?
# 61 Q: ARE YOU ABLE TO SEE THE AREA WHERE YOUR SHOES ARE TOUCHING THE GROUND?
# 63 MS. CLARK: KEEP GOING.
# 64 (THE VIDEOTAPE CONTINUES PLAYING.) # 65 Q: BY MS. CLARK: ALL RIGHT. WHAT ARE YOU DOING THERE, SIR?
# 66 A: I'M MEASURING DISTANCES.
# 67 Q: AND YOU SEE THE PAIR OF LEGS IN THE WHITE PANTS AND THE PERSON IN THE BLUE -- WHAT APPEARS TO BE THE BLUE PANTS UP ON THE LANDING?
# 69 Q: ARE THEY STANDING IN BLOOD?
# 71 Q: AND WHO ARE THEY?
# 72 A: THE CORONER'S INVESTIGATOR AND THE CORONER'S DRIVER.
# 73 Q: NOW, DO YOU HAPPEN TO KNOW WHETHER AT THAT POINT THERE HAD BEEN PRINT PEOPLE ALONG THE -- HAD DONE ANY WORK ALONG THE RAILINGS IN THAT AREA YET?
# 74 A: YES. I BELIEVE THOSE RAILINGS HAD BEEN PRINTED.
# 75 MR. COCHRAN: YOUR HONOR -- WITHDRAWN.
# 76 (THE VIDEOTAPE CONTINUES PLAYING.) # 77 MS. CLARK: CAN YOU STOP HERE, JONATHAN.
# 78 Q: OKAY. DO YOU SEE THE -- DO YOU SEE SOMEONE UP ON THE LANDING IN A WHITE COAT THERE, SIR?
# 80 Q: AND CAN YOU TELL US WHO THAT IS?
# 81 A: I CAN'T MAKE IT OUT.
# 82 MS. CLARK: OKAY. KEEP GOING.
# 83 (THE VIDEOTAPE CONTINUES PLAYING.) # 84 MS. CLARK: ALL RIGHT. STOP HERE.
# 85 Q: OKAY. CAN YOU TELL US, SIR, FIRST OF ALL, THE GENTLEMAN IN THE WHITE JACKET --
# 86 A: THAT IS MR. ROKAHR, THE PHOTOGRAPHER.
# 87 Q: AND WHO IS THE MAN STANDING TO HIS LEFT?
# 88 A: I BELIEVE IT IS DETECTIVE PHILLIPS.
# 89 Q: AND CAN YOU TELL US WHERE THEY ARE STANDING?
# 90 A: NOT FROM THAT ANGLE, NO.
# 92 THE COURT: ALL RIGHT. WE ARE LOOKING AT FRAME 12:22:13.
# 93 MS. CLARK: THANK YOU, YOUR HONOR.
# 94 Q: WERE THERE ANY NEWS CREWS ALLOWED INSIDE THE YELLOW TAPE ON JUNE 13, SIR?
# 96 Q: TO YOUR KNOWLEDGE WHAT WAS THE CLOSEST ANY OF THE FILM CREWS WERE ALLOWED TO GET?
# 97 A: I BELIEVE THEY WERE ALL ACROSS THE STREET ON THE SIDEWALK IN THE PARKWAY AREA.
# 98 Q: OKAY. SO THESE -- THESE SHOTS WE SEE ARE ACTUALLY BEING FILMED FROM ACROSS THE STREET OR IN THE STREET?
# 99 MR. COCHRAN: OBJECT AS LEADING AND SUGGESTIVE, YOUR HONOR.
# 100 THE COURT: OVERRULED.
# 101 DET. TOM LANGE: THAT'S CORRECT.
# 102 Q: BY MS. CLARK: AND ARE YOU ABLE TO SEE THE FEET OF ANY OF THESE PEOPLE OR THE GROUND THAT THE FEET ARE TOUCHING?
# 104 Q: SO CAN YOU TELL FROM THESE PHOTOGRAPHS WHETHER THEY ARE STANDING ON THE GRASS OR STANDING ON THE WALKWAY?
# 106 (THE VIDEOTAPE CONTINUES PLAYING.) # 108 Q: OKAY. CAN YOU NOW SEE -- CAN YOU NOW IDENTIFY FOR US WHERE MR. ROKAHR ARE AND DETECTIVE PHILLIPS ARE?
# 109 A: WELL, MR. ROKAHR APPEARS TO BE IN THE UPPER LEFT-HAND -- I BELIEVE IT IS MR. ROKAHR AND PHILLIPS UP IN THE UPPER LEFT-HAND PORTION OF THE PHOTO.
# 110 Q: UH-HUH. AND THIS -- DOES THIS APPEAR TO BE FILMED FROM THE SIDEWALK AREA ACROSS THE STREET FROM THE 875.
# 111 MR. COCHRAN: OBJECTION, YOUR HONOR, LEADING AND SUGGESTIVE.
# 112 THE COURT: THAT IS LEADING, BUT I THINK THE JURORS CAN SEE THAT SINCE THEY HAVE STOOD ON THAT AREA ITSELF.
# 113 MS. CLARK: THAT'S TRUE.
# 114 THE COURT: THE RECORD SHOULD REFLECT THIS IS FRAME 12:29:13.
# 115 Q: BY MS. CLARK: DO YOU SEE YOURSELF IN THIS SHOT, SIR?
# 117 MS. CLARK: STOP HERE. KEEP GOING. STOP HERE.
# 118 Q: OKAY. CAN YOU ALSO TELL US WHAT IS HAPPENING IN THIS FRAME, SIR? THIS IS 1:12:40:09.
# 119 A: IT APPEARS THAT ONE OF THE BODIES IS ABOUT TO BE REMOVED.
# 120 Q: OKAY. AND CAN YOU TELL US WHO IS STANDING INSIDE THE CRIME TAPE, APPARENTLY INSIDE THE CRIME TAPE, THE THREE GENTLEMAN WITH THEIR BACKS TO US IN DARK JACKETS?
# 121 A: YES. FROM LEFT TO RIGHT, DETECTIVE PHILLIPS, THE MAN IN THE CENTER IS CRIMINALIST SUPERVISOR STEVE JOHNSON, TO HIS RIGHT IS LIEUTENANT ROGERS.
# 122 Q: OKAY. CAN YOU TELL WHERE THEY ARE STANDING WITH RESPECT TO THE WALKWAY, SIR?
# 124 Q: CAN YOU TELL WHETHER THEY ARE STANDING -- WHETHER ANY OF THEM ARE STANDING ON THE SIDEWALK, AS OPPOSED TO THE WALKWAY?
# 125 A: IT IS POSSIBLE, BUT I CAN'T REALLY SEE FROM THAT ANGLE.
# 126 Q: THE PALM TREE THAT IS SHOWN ON THE LEFT-HAND SIDE OF THE PHOTOGRAPH, SIR, DO YOU KNOW WHERE THAT PALM TREE IS LOCATED WITH RESPECT TO 875 SOUTH BUNDY?
# 129 A: IT IS ON THE PARKWAY TO THE FRONT OF THE LOCATION, BETWEEN THE SIDEWALK AND THE STREET.
# 130 Q: OKAY. AND THE -- DO YOU SEE SOMEONE WEARING SOMETHING THAT SEEMS TO HAVE WHITE LETTERS ON THE BACK?
# 132 Q: AND CAN YOU TELL US WHO THAT IS?
# 133 A: THAT IS THE CORONER'S ASSISTANT.
# 134 Q: OKAY. AND THERE IS A GENTLEMAN IN A WHITE SHIRT JUST PAST HIM. DO YOU SEE THAT?
# 139 A: I CAN'T MAKE IT OUT FROM HERE.
# 140 MS. CLARK: OKAY. KEEP GOING.
# 141 (THE VIDEOTAPE CONTINUES PLAYING.) # 142 Q: BY MS. CLARK: WERE YOU WEARING A WHITE SHIRT THAT DAY, SIR?
# 145 Q: CAN YOU TELL US, FIRST OF ALL, THE GENTLEMAN WITH HIS BACK TO US IN THE DARK TROUSERS AND THE WHITE SHIRT, WHO THAT IS?
# 146 A: I BELIEVE IT IS POSSIBLY THE COMMANDING OFFICER OF SID, BUT I'M NOT SURE.
# 147 Q: OKAY. CAN YOU TELL WHERE HE IS STANDING IN RELATIONSHIP TO THE WALKWAY, SIR?
# 148 A: HE APPEARS TO BE ON THE SIDEWALK, BUT I CAN'T SEE HIS FEET SO I CAN'T REALLY TELL.
# 149 Q: OKAY. JUST PAST HIM IN THE PHOTOGRAPH, CAN YOU DESCRIBE THE THREE PEOPLE THAT YOU SEE THERE?
# 150 A: IT IS INSIDE THE TAPE AND THE MAN IN THE BLUE IS THE CORONER'S ASSISTANT AND OVER TO THE LEFT APPEARS TO BE THE PHOTOGRAPHER, MR. ROKAHR, AND ABOVE APPEARS TO BE MISS RATCLIFFE, THE CORONER'S INVESTIGATOR.
# 152 (THE VIDEOTAPE CONTINUES PLAYING.) # 153 MS. CLARK: STOP. A LITTLE BIT MORE. A LITTLE BIT MORE. 49. GO TO 49. RIGHT -- OKAY.
# 154 Q: CAN YOU TELL US, FIRST OF ALL, WHO IS DEPICTED IN THIS PHOTOGRAPH?
# 155 (NO AUDIBLE RESPONSE.) # 156 MS. CLARK: AND THIS IS, FOR THE RECORD, 11:13:49:11.
# 157 DET. TOM LANGE: I AM PICTURED ON THE LEFT AND TO MY RIGHT ABOVE ME IS DETECTIVE PHILLIPS AND TO HIS RIGHT IS MR. ROKAHR, THE PHOTOGRAPHER.
# 159 A: IT APPEARS THAT MISS RATCLIFFE IS BENDING OVER TO THE RIGHT.
# 160 Q: THAT IS THE PERSON WHOSE TORSO IS CUT OFF BY THE RIGHT EDGE OF THE PHOTO?
# 162 Q: AND ARE YOU STANDING ON PAVEMENT THERE OR ARE YOU STANDING IN SHRUBBERY?
# 163 A: I BELIEVE I'M BACK ON THE GRASS SHRUBBERY AREA.
# 164 Q: AND DETECTIVE PHILLIPS?
# 165 A: I BELIEVE THE SAME, BUT I CAN'T SEE FROM HERE.
# 168 (THE VIDEOTAPE CONTINUES PLAYING.) # 169 MS. CLARK: OKAY. COULD YOU BACK UP, JONATHAN. BACK UP FOR A SECOND. STOP. A LITTLE BIT FORWARD.
# 170 Q: ALL RIGHT. CAN YOU TELL NOW WHERE YOU ARE ALL STANDING?
# 171 A: YEAH. IT APPEARS TO BE THE GRASSY DIRT AREA TO THE SOUTH OF THE SIDEWALK.
# 173 A: THE SOUTH OF THE WALKWAY.
# 174 THE COURT: THAT IS FRAME 1:13:54:05.
# 175 MS. CLARK: THANK YOU. GO AHEAD.
# 176 (THE VIDEOTAPE CONTINUES PLAYING.) # 177 MS. CLARK: OKAY. STOP. THANK YOU.
# 178 Q: OKAY. YOU SEE -- DO YOU RECOGNIZE SOMEONE THERE HOLDING A BROWN PAPER BAG?
# 181 A: THAT IS THE CRIMINALIST, MR. FUNG.
# 182 Q: ALL RIGHT. NOW, AT THAT POINT IN TIME, SIR, WAS HE COLLECTING EVIDENCE?
# 183 A: I DON'T BELIEVE SO.
# 184 Q: AND DO YOU RECALL WHAT WAS IN THAT BROWN PAPER BAG?
# 185 A: YES. THERE WAS A GLOVE, I BELIEVE, BUT THIS IS THE TIME WHERE HE SHOWED ME THE GLOVE FROM ROCKINGHAM THAT I WANTED TO SEE.
# 186 Q: OKAY. AND YOU WANTED TO SEE THE GLOVE FROM ROCKINGHAM FOR WHAT REASON?
# 187 A: I WANTED TO VISUALLY COMPARE IT TO THE LEFT-HANDED GLOVE THAT I HAD AT THE CRIME SCENE.
# 188 Q: OKAY. AND WAS THAT LEFT-HANDED GLOVE STILL --
# 189 MR. COCHRAN: OBJECT TO THE FORM OF THIS QUESTION AS LEADING, YOUR HONOR.
# 190 Q: BY MS. CLARK: WHERE WAS THAT LEFT-HANDED GLOVE AT THE TIME THAT DENNIS FUNG BROUGHT THE GLOVE IN THE PAPER BAG THAT YOU SEE IN THIS PHOTOGRAPH TO YOU?
# 191 A: STILL IN POSITION.
# 192 Q: AND WHY DID YOU WANT HIM TO BRING THE BROWN PAPER BAG TO YOU OVER WHERE THE LEFT-HANDED GLOVE WAS LOCATED?
# 193 A: I WANTED TO VISUALLY COMPARE BOTH GLOVES TO SEE IF THERE WAS A POSSIBILITY OF A MATCH.
# 194 Q: AND WHAT DID YOU DETERMINE?
# 195 A: IN MY MIND THEY MATCHED.
KEY QUOTE # 196 Q: NOW, HOW LONG WAS DENNIS FUNG AT THE SCENE?
# 197 A: I BELIEVE APPROXIMATELY FIVE HOURS, PERHAPS LONGER.
# 199 THE COURT: DID WE IDENTIFY THIS FRAME?
# 200 MS. CLARK: I DON'T THINK SO. THANK YOU. 0:18:18:00.
# 201 Q: OKAY. AFTER YOU DETERMINED THAT THE GLOVES MATCHED, SIR, DID YOU MAKE ANY EFFORT IN YOUR INVESTIGATION TO DETERMINE WHAT SIZE THE GLOVES WERE?
# 203 Q: AND WHAT SIZE DID YOU DETERMINE THEM TO BE?
# 204 MR. COCHRAN: NO FOUNDATION. OBJECTION WITHOUT A FURTHER FOUNDATION.
# 205 THE COURT: SUSTAINED.
# 206 Q: BY MS. CLARK: ALL RIGHT. WERE YOU INTERESTED IN -- SIR, AT THAT POINT, WHEN YOU COMPARED THE TWO GLOVES, THE ONE FROM ROCKINGHAM AND THE ONE FROM BUNDY, HAD YOU HAD AN INTERVIEW WITH THE DEFENDANT YET?
# 208 Q: AFTER EXAMINING THOSE -- AFTER SEEING AND COMPARING THOSE GLOVES JUST VISUALLY, DID YOU GO AND SEE THE DEFENDANT AT PARKER CENTER?
# 209 A: YES, LATER THAT AFTERNOON.
# 210 Q: DID YOU LOOK AT HIS HANDS?
# 212 Q: HOW BIG DID THEY LOOK?
# 213 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR, "HOW BIG DID THEY LOOK." THAT IS VAGUE.
# 214 THE COURT: IT IS KIND OF VAGUE.
# 215 MS. CLARK: IT IS VAGUE.
# 216 Q: COMPARED TO YOUR HANDS, SIR, HOW BIG DID THE DEFENDANT'S HANDS LOOK?
# 217 MR. COCHRAN: I OBJECT. AGAIN THAT IS IRRELEVANT AND IMMATERIAL. IF WE WANT TO SEE MR. SIMPSON'S HANDS, THEY ARE HERE. I OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR, VAGUE.
# 218 THE COURT: THE QUESTION RELATIVE TO YOUR OWN HAND, HOW BIG WAS HIS HAND, THAT IS AN OPEN QUESTION. IT DOESN'T TELL US A LOT.
# 220 DET. TOM LANGE: MUCH LARGER THAN MINE.
KEY QUOTE # 221 Q: BY MS. CLARK: OKAY. AFTER SEEING HIS HANDS, SIR, DID YOU ATTEMPT TO DETERMINE, THROUGH YOUR INVESTIGATION, WHAT SIZE THE GLOVES WERE?
# 223 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.
# 224 THE COURT: OVERRULED. OVERRULED.
# 225 DET. TOM LANGE: I HAD ALREADY DETERMINED THE SIZE OF THE GLOVES.
# 226 Q: BY MS. CLARK: OKAY. AND DID THE GLOVES -- DID THE SIZE OF THE GLOVES PLAY A FACTOR IN DETERMINING WHETHER OR NOT TO FILE THE CASE ULTIMATELY ON JUNE THE 17TH.
# 227 MR. COCHRAN: YOUR HONOR, I OBJECT TO THE FORM OF THAT QUESTION. THAT IS IRRELEVANT AND IMMATERIAL. I WOULD LIKE TO ADDRESS THAT.
# 228 THE COURT: OVERRULED. OVERRULED.
# 229 DET. TOM LANGE: YES. IT WAS ONE OF THE FACTORS, YES.
# 230 Q: BY MS. CLARK: LET ME ASK YOU ABOUT SOMETHING ELSE -- ANOTHER FACTOR, SIR. THE GLOVE THAT IS FOUND AT BUNDY YOU SAID WAS THAT RIGHT OR LEFT-HANDED?
# 232 Q: WHEN YOU SAW THE DEFENDANT ON JUNE 13, DID YOU NOTICE AN INJURY TO EITHER HAND?
# 235 A: THE FINGER OF THE LEFT HAND, MIDDLE FINGER ON THE LEFT HAND.
# 236 Q: DID THAT PLAY ANY PART IN MAKING YOUR DETERMINATION TO FILE THE CASE ON JUNE 17?
# 238 Q: NOW, ON -- IF YOU KNOW, SIR, DID DENNIS FUNG PROCEED -- I THINK YOU INDICATED EARLIER THAT HE PROCEEDED TO ROCKINGHAM FIRST TO DO HIS INVESTIGATION?
# 240 Q: ALL RIGHT. DO YOU KNOW AT WHAT POINT YOU RECALL SEEING HIM AT BUNDY?
# 241 A: YES. IT WAS APPROXIMATELY 10:10 OR 10:15.
# 242 Q: OKAY. AND THEN DO YOU KNOW HOW LONG HE REMAINED AT BUNDY?
# 243 A: SEVERAL HOURS. AGAIN I BELIEVE IT IS APPROXIMATELY FIVE HOURS, PERHAPS LONGER.
# 244 Q: OKAY. HOW LONG DO YOU SEE HIM IN THIS TAPE OF THOSE FIVE HOURS HE SPENT AT BUNDY?
# 245 MR. COCHRAN: JUST A MOMENT. I OBJECT. I OBJECT TO THE FORM OF THE QUESTION. WE HAVEN'T SEEN ALL THE TAPE. THAT IS A VAGUE QUESTION.
# 246 THE COURT: ALL OF THIS TAPE?
# 247 MS. CLARK: ALL OF THIS TAPE, YEAH.
# 248 MR. COCHRAN: WHAT VALUE IS THAT?
# 249 THE COURT: YOU CAN ANSWER THE QUESTION. THE TAPE PRETTY MUCH SPEAKS FOR ITSELF, THOUGH, HOW LONG WE SEE MR. FUNG ON THE TAPE.
# 250 DET. TOM LANGE: MR. FUNG IS ON THE TAPE FOR IT APPEARS TO BE JUST A FEW SECONDS.
# 251 Q: BY MS. CLARK: NOW, DID HE, AFTER THAT, RETURN TO ROCKINGHAM?
# 252 MR. COCHRAN: OBJECT, YOUR HONOR, HIS OWN PERSONAL KNOWLEDGE. IF HE WASN'T THERE, HOW DOES HE KNOW?
# 253 THE COURT: I ASSUME -- MISS CLARK, REPHRASE THE QUESTION.
# 254 Q: BY MS. CLARK: DID YOU SEE MR. FUNG AT ROCKINGHAM LATER ON THAT DAY?
# 256 Q: DO YOU KNOW WHAT HE WAS DOING AT ROCKINGHAM LATER ON THAT DAY?
# 258 Q: WHAT WAS HE DOING?
# 259 A: HE RESPONDED PURSUANT TO A SEARCH WARRANT AT THAT LOCATION.
# 262 MR. COCHRAN: OBJECT TO THAT WITHOUT A FURTHER FOUNDATION.
# 263 THE COURT: MISS CLARK, REPHRASE THE QUESTION.
# 264 Q: BY MS. CLARK: DID YOU SEE HIM AT ROCKINGHAM? DID YOU SEE WHAT HE WAS DOING?
# 266 Q: WHERE WAS HE AT ROCKINGHAM? INSIDE OR OUTSIDE?
# 268 Q: OKAY. DID YOU SEE HIM INSIDE THE RESIDENCE WHEN YOU WENT BACK LATER ON IN THE AFTERNOON OF JUNE THE 13TH?
# 270 Q: AND WHAT WAS HE DOING INSIDE THE RESIDENCE?
# 271 A: HE WAS CONDUCTING AN INVESTIGATION FOR EVIDENCE, SEARCH FOR BLOOD EVIDENCE.
# 272 Q: OKAY. DID YOU SEE HIM TESTING ANY BLOOD STAINS OUT IN THE DRIVEWAY AT THAT TIME?
# 273 MR. COCHRAN: LEADING AND SUGGESTIVE, YOUR HONOR.
# 274 THE COURT: OVERRULED.
# 275 DET. TOM LANGE: I --
# 276 THE COURT: THE "WHAT APPEARED TO BE."
# 277 MS. CLARK: WHAT APPEARED TO BE.
# 278 DET. TOM LANGE: I DID NOT OBSERVE THE DRIVEWAY, NO.
# 279 Q: BY MS. CLARK: IF YOU KNOW, SIR, DID HE COMPLETE THE -- DID HE -- DO YOU KNOW WHETHER MR. FUNG DID INVESTIGATE -- DID HIS COLLECTION OF EVIDENCE OUTSIDE ROCKINGHAM IN THE MORNING BEFORE HE WENT TO BUNDY?
# 280 MR. COCHRAN: ASSUMES A FACT NOT IN EVIDENCE, YOUR HONOR. THE EVIDENCE WAS THAT HE WASN'T THERE. ASSUMES A FACT NOT IN EVIDENCE. IMPROPER QUESTION.
# 281 THE COURT: SUSTAINED.
# 282 Q: BY MS. CLARK: IN THE AFTERNOON, SIR, WHEN YOU SAW HIM AT BUNDY, WHERE WAS HE PRIMARILY DOING HIS WORK?
# 283 MR. COCHRAN: COUNSEL MISSTATES SEEING HIM AT BUNDY.
# 284 MS. CLARK: DID I SAY "BUNDY"?
# 285 THE COURT: YOU SAID "BUNDY."
# 286 MS. CLARK: I MEANT ROCKINGHAM.
# 287 DET. TOM LANGE: HE WAS INSIDE THE LOCATION.
# 288 Q: BY MS. CLARK: DID YOU OBSERVE HIM CONDUCT ANY TESTING, IN EITHER THE FOYER OR THE BATHROOM OF THE LOCATION, FOR BLOOD?
# 289 MR. COCHRAN: OBJECT, YOUR HONOR. LEADING AND SUGGESTIVE.
# 290 THE COURT: OVERRULED.
# 291 DET. TOM LANGE: I OBSERVED HIM CONDUCTING TESTS IN THE UPSTAIRS MASTER BATH.
# 292 Q: BY MS. CLARK: OKAY. WHAT KIND OF TESTS DID YOU SEE HIM CONDUCTING?
# 293 A: PRESUMPTIVE EXAMINATIONS FOR THE PRESENCE OF BLOOD.
# 294 MS. CLARK: OKAY. KEEP GOING.
# 295 (THE VIDEOTAPE CONTINUES PLAYING.) # 296 Q: BY MS. CLARK: OKAY. CAN YOU SEE YOURSELF IN THIS CLIP RIGHT NOW?
# 298 Q: WHAT ARE YOU DOING?
# 299 A: I HAVE MY CLIPBOARD AND I AM APPARENTLY JOTTING SOMETHING DOWN.
# 300 MS. CLARK: OKAY. GO AHEAD.
# 301 (THE VIDEOTAPE CONTINUES PLAYING.) # 302 THE COURT: THAT WAS 18:36 ON THE LAST COUNTER.
# 303 MS. CLARK: THANK YOU.
# 304 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 305 MS. CLARK: PERHAPS WE CAN STOP HERE.
# 306 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 307 Q: BY MS. CLARK: ALL RIGHT. YOU HAVE SEEN THE ENTIRE TAPE, HAVE YOU NOT, SIR?
# 308 A: I BELIEVE SO. IF THE ENTIRE TAPE WAS SHOWN IN COURT, THEN I DID, YES.
# 309 Q: OKAY. THE ACTIVITIES THAT ARE SHOWN THERE, YOU ARE PRESENT FOR MOST OF THEM, ARE YOU NOT?
# 311 Q: IS THAT -- DOES THIS TAPE SHOW THE ACTIVITIES THAT OCCURRED ON THAT -- ON THE MORNING OF JUNE THE 13TH IN SEQUENCE AS THEY ACTUALLY OCCURRED?
# 312 MR. COCHRAN: OBJECT TO THE FORM OF THE QUESTION, YOUR HONOR. THE TAPE SPEAKS FOR ITSELF.
# 313 THE COURT: OVERRULED.
# 314 DET. TOM LANGE: I CAN'T SAY THAT.
# 315 Q: BY MS. CLARK: YOU CAN'T SAY THAT? WHAT DO YOU MEAN?
# 316 A: IT SEQUENCES HOW THINGS OCCURRED?
# 317 Q: YES. IS THAT HOW YOU RECALL THINGS OCCURRING?
# 318 A: NOT NECESSARILY. THERE WERE OTHER THINGS THAT OCCURRED DURING THAT TIME, OBVIOUSLY, BUT WE ARE JUST LOOKING AT THE FRONT. IT APPEARS TO BE CUT OFF FROM TIME TO TIME. THIS DOESN'T APPEAR TO BE CONTINUOUS.
# 319 Q: OKAY. SO THERE ARE THING THAT ARE NOT -- THAT TOOK PLACE THAT ARE NOT BEING SHOWN ON THIS VIDEOTAPE.
# 320 MR. COCHRAN: OBJECT TO THE FORM OF THIS QUESTION, YOUR HONOR, AS LEADING AND SUGGESTIVE.
# 321 THE COURT: SUSTAINED.
# 322 Q: BY MS. CLARK: ARE THERE THINGS THAT TOOK PLACE -- IS EVERYTHING THAT TOOK PLACE BEING SHOWN ON THIS VIDEOTAPE?
# 324 Q: THE NUMBERS THAT ARE SHOWN AT THE BOTTOM THERE, SIR, AT THIS POINT 1:19:0:10, OKAY, DO YOU REMEMBER WHEN THE CORONER'S INVESTIGATORS APPEARED AND REMOVED THE BODIES FROM THE SCENE?
# 325 A: I BELIEVE THE CORONER'S INVESTIGATOR FIRST ARRIVED APPROXIMATELY 9:10 A.M.
# 326 Q: AND DO YOU RECALL WHAT TIME WAS IT APPROXIMATELY WHEN THEY REMOVED THE BODIES OF RON AND NICOLE?
# 327 A: I BELIEVE IT WAS APPROXIMATELY 10:30, 10:40, RIGHT IN THAT AREA.
# 328 Q: SO THAT NUMBER AT THE BOTTOM OF THE SCREEN, DOES THAT HAVE ANYTHING TO DO WITH WHAT TIME IT WAS WHEN THOSE EVENTS TRANSPIRED THAT ARE DEPICTED IN THE SCREEN?
# 329 A: NO, I HAVE NO IDEA WHAT IT IS.
# 330 Q: AND ARE YOU ABLE TO SEE THE TWO GENTLEMEN -- WE ARE STOPPED NOW AT 1:19:04:10. THERE ARE TWO MEN IN SUITS WHOSE BACKS ARE ON THE CAMERA. CAN YOU TELL WHERE THEY ARE STANDING, SIR?
# 331 A: NO, NOT FROM THAT ANGLE. PERHAPS THE SIDEWALK, BUT I CAN'T TELL.
# 332 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 333 Q: BY MS. CLARK: YOU MENTIONED SOMETHING ABOUT CUTS IN THE TAPE, SIR. WHAT DO YOU MEAN?
# 334 A: TO ME THIS DOESN'T APPEAR TO BE A CONTINUOUS DEPICTION OF WHAT OCCURRED.
KEY QUOTE # 336 A: BECAUSE IT IS -- IT IS NOT CONTINUOUS. THERE ARE AREAS WHERE IT IS CUT AWAY. ONE VIEW IS CUT TO ANOTHER VIEW.
# 337 Q: SO DO YOU THINK THERE ARE THINGS MISSING?
# 338 A: WELL, I DON'T KNOW. AGAIN, IT APPEARS TO ME TO BE FROM DIFFERENT ANGLES --
# 339 MR. COCHRAN: YOUR HONOR, I OBJECT. THIS IS SPECULATION. THE TAPE SPEAKS FOR ITSELF.
# 340 THE COURT: OVERRULED.
# 341 DET. TOM LANGE: -- PERHAPS DIFFERENT CAMERAS. I DON'T BELIEVE IT IS CONTINUOUS THROUGHOUT.
# 342 THE COURT: I THINK WE HAVE COVERED IT PRETTY MUCH.
# 343 MS. CLARK: OKAY. THANK YOU.
# 344 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 345 MS. CLARK: WE ARE DONE. OKAY. ALL RIGHT.
# 346 Q: YOU TALKED DURING CROSS-EXAMINATION, SIR, ABOUT SHOEPRINTS. AT ONE POINT YOU INDICATED THAT THE BLOODY SHOEPRINTS AT 875 SOUTH BUNDY APPEARED TO TURN AND FACE THE CONDOMINIUM?
# 348 Q: AND DO YOU RECALL WHERE THAT WAS IN RELATIONSHIP TO THE FRONT DOOR? DID THEY TURN IN FRONT OF THE FRONT DOOR?
# 350 Q: WHERE DID THEY TURN?
# 351 A: IT IS EAST OF THE FRONT DOOR, SEVERAL FEET EAST ON THE FIRST LEVEL ABOVE THE BODIES.
# 352 Q: SO IF YOU ARE APPROACHING FROM THE WALKWAY, IF YOU ARE APPROACHING FROM THE SIDEWALK, GOING UP THE WALKWAY AND UP THE STEPS, HOW MUCH BEFORE THE FRONT DOOR DID THOSE SHOEPRINTS APPEAR TO TURN AND FACE THE HOUSE?
# 353 A: I COULD ONLY APPROXIMATE. TWELVE, FIFTEEN FEET PERHAPS.
# 354 Q: TWELVE, FIFTEEN FEET BEFORE THE FRONT DOOR?
# 356 Q: AND WERE THERE OTHER SHOE -- DID THE SHOEPRINTS THEN CONTINUE AFTER THAT -- THAT LIKE HESITATION POINT FACING THE DOOR -- PACING THE HOUSE?
# 357 MR. COCHRAN: YOUR HONOR, I OBJECT TO THE FORM OF THAT QUESTION AS LEADING AND SUGGESTIVE.
# 358 THE COURT: SUSTAINED. WELL, IT MAKES AN ASSUMPTION. THEY TURN AT AN ANGLE AND CONTINUE BEYOND THAT.
# 360 Q: AT THE POINT WHEN THE -- AFTER THE SHOEPRINTS FACED THE HOUSE, TURNED AND FACED THE HOUSE, DID THEY CONTINUE?
# 361 A: THEY CONTINUED WESTERLY, YES.
# 362 Q: WAS THIS IN THE DIRECTION DOWN TOWARDS THE ALLEY?
# 363 A: PAST THE FRONT DOOR WESTERLY TOWARD THE ALLEY, YES.
# 364 Q: WERE THEY EVER FOUND TO ANGLE BACK IN TOWARD THE HOUSE AGAIN AFTER THAT ONE POINT TWELVE TO FIFTEEN FEET BEFORE THE FRONT DOOR?
# 365 A: I DIDN'T OBSERVE THEM, NO.
# 366 Q: NOW, DID YOU OBSERVE DENNIS FUNG CONDUCT ANY TESTING OF THE -- OF -- FOR BLOOD INSIDE THE BRONCO AT ROCKINGHAM ON JUNE THE 13TH?
# 368 Q: DID YOU ATTEMPT TO OPEN THE BRONCO ON JUNE THE 13TH?
# 370 Q: DO YOU KNOW WHETHER THE BRONCO WAS OPENED OR LOCKED ON JUNE THE 13TH?
# 371 MR. COCHRAN: CALLS FOR SPECULATION, YOUR HONOR. CALLS FOR SPECULATION.
# 372 THE COURT: OVERRULED.
# 373 DET. TOM LANGE: IT IS MY INFORMATION IT WAS NOT OPENED.
# 374 MR. COCHRAN: OBJECTED TO, YOUR HONOR. IT IS HEARSAY.
# 375 THE COURT: DO YOU KNOW OF YOUR OWN PERSONAL KNOWLEDGE, DETECTIVE?
# 376 DET. TOM LANGE: WHEN I OBSERVED THE BRONCO IT WAS LOCKED, BUT I WASN'T THERE FOR THE ENTIRE TIME.
# 377 THE COURT: ALL RIGHT.
# 378 Q: BY MS. CLARK: WHEN DID YOU OBSERVE THE BRONCO IN A LOCKED CONDITION?
# 379 A: THE MORNING THAT I OBSERVED THE BLOOD ON THE DOOR.
# 380 Q: OKAY. WERE YOU PRESENT WHEN IT WAS TOWED AWAY?
# 382 Q: ARE YOU -- DID YOU -- AT SOME POINT THE BRONCO WAS OPENED; IS THAT CORRECT?
# 383 A: SUBSEQUENT TO THAT WHEN IT WAS EXAMINED, YES.
# 384 Q: OKAY. DO YOU KNOW WHEN AND WHERE IT WAS FINALLY OPENED?
# 385 MR. COCHRAN: YOUR HONOR, OBJECT TO THE WORD "FINALLY." OBJECT. CONCLUSIONARY, ARGUMENTATIVE.
# 386 THE COURT: AFTER LEAVING THE SCENE?
# 387 Q: BY MS. CLARK: YEAH, AFTER LEAVING THE SCENE?
# 388 THE COURT: AFTER LEAVING ROCKINGHAM, ACTUALLY.
# 389 Q: BY MS. CLARK: DO YOU KNOW WHEN AND WHERE THE BRONCO WAS OPENED?
# 390 MR. COCHRAN: JUST A MOMENT. THAT ASSUMES A FACT NOT IN EVIDENCE. THAT ASSUMES A FACT NOT IN EVIDENCE. I WOULD LIKE TO BE HEARD ON THAT.
# 391 THE COURT: WELL, IT WAS OPENED AT SOME TIME AFTER LEAVING THE ROCKINGHAM SCENE.
# 392 MR. COCHRAN: IT MAY HAVE BEEN OPENED BEFORE THAT TIME, YOUR HONOR.
# 393 MS. CLARK: THAT IS NOT WHAT THE TESTIMONY WAS, THOUGH.
# 394 THE COURT: ALL RIGHT. WHY DON'T YOU REPHRASE THE QUESTION.
# 396 Q: WAS THE BRONCO OPENED DURING THE TIME THAT YOU WERE AT ROCKINGHAM?
# 397 A: I DIDN'T SEE IT OPEN.
# 398 Q: OKAY. NOW, YOU LEFT ROCKINGHAM AT WHAT TIME?
# 399 A: APPROXIMATELY 6:40, 6:45 A.M.
# 400 Q: OKAY. AND HAD THE BRONCO BEEN OPENED AT THAT POINT?
# 401 A: I NEVER SAW IT OPENED.
# 402 Q: OKAY. AND YOU RETURNED TO ROCKINGHAM AT WHAT TIME?
# 405 A: APPROXIMATELY 5:00 P.M., MAYBE A LITTLE AFTER.
# 406 Q: OKAY. WAS THE BRONCO STILL THERE AT THE TIME?
# 408 Q: AND WHEN DID YOU NEXT SEE THE BRONCO?
# 409 A: I BELIEVE IT WAS SOMETIME LATER WHEN WE WERE DOING OTHER TESTING FOR BLOOD.
# 410 MR. COCHRAN: YOUR HONOR, I OBJECT TO THE ANSWER.
# 411 Q: BY MS. CLARK: AND WHEN --
# 412 MR. COCHRAN: I MOVE TO STRIKE THAT ANSWER, YOUR HONOR, WHEN DID HE NEXT SEE IT. IT IS NONRESPONSIVE.
# 413 THE COURT: OVERRULED.
# 414 Q: BY MS. CLARK: AND WHEN WAS THAT?
# 415 A: I DON'T RECALL THE DATE. I BELIEVE IT WAS IN EARLY AUGUST. I WOULD HAVE TO CHECK. IT WAS AT AN IMPOUND YARD IN VAN NUYS.
# 416 Q: DO YOU -- DO YOU KNOW WHERE THE BRONCO WAS TAKEN TO WHEN IT WAS REMOVED FROM ROCKINGHAM ON JUNE THE 13TH?
# 419 A: I BELIEVE IT WAS TAKEN TO THE LAPD PRINT SHACK.
# 420 Q: OKAY. DO YOU KNOW WHETHER IT WAS OPENED THERE?
# 421 MR. COCHRAN: CALLS FOR SPECULATION, YOUR HONOR.
# 422 THE COURT: OVERRULED.
# 423 DET. TOM LANGE: SUBSEQUENT, YES, IT WAS.
# 424 Q: BY MS. CLARK: SUBSEQUENT TO WHAT?
# 427 A: I BELIEVE IT WAS THE 14TH OR THE 15TH WHEN IT WAS EXAMINED.
# 428 Q: DO YOU KNOW HOW IT WAS OPENED?
# 429 A: I BELIEVE IT WAS --
# 430 MR. COCHRAN: OBJECT, YOUR HONOR, UNLESS HE HAS PERSONAL KNOWLEDGE.
# 431 THE COURT: WERE YOU PRESENT WHEN IT WAS OPENED?
# 432 DET. TOM LANGE: NO, YOUR HONOR.
# 433 THE COURT: NEXT QUESTION.
# 434 Q: BY MS. CLARK: NOW, DID YOU -- YOU INDICATED I THINK, SIR, THAT YOU PERSONALLY OBSERVED THAT SPOT OF WHAT APPEARED TO BE BLOOD ON THE -- JUST ABOVE THE HANDLE OF THE DRIVER'S DOOR OF THE BRONCO?
# 436 Q: OKAY. CAN YOU DESCRIBE FOR US THE KIND OF GRIP OF THAT DOOR HANDLE?
# 437 A: I WOULD CALL IT AN OUTSIDE LEFT-HANDED GRIP.
KEY QUOTE # 438 Q: WHY WOULD YOU CALL IT A LEFT-HANDED GRIP?
# 439 A: BECAUSE IN ORDER TO OPEN IT ONE WOULD NORMALLY USE THEIR LEFT-HAND BECAUSE OF THE PLACEMENT OF THE HANDLE --
# 440 MR. COCHRAN: OBJECT TO THE FORM --
# 441 DET. TOM LANGE: -- AND THE LOCK.
# 442 MR. COCHRAN: OBJECT TO THAT WITHOUT A FURTHER FOUNDATION. I OBJECT TO THAT RESPONSE, YOUR HONOR.
# 443 THE COURT: OVERRULED.
# 444 Q: BY MS. CLARK: AND THE DEFENDANT, WHEN YOU SAW HIM ON THE 13TH, HAD A CUT ON THE FINGER OF WHICH HAND?
# 446 Q: ALL RIGHT. SIR, YOU INDICATED ON CROSS-EXAMINATION THAT YOU FOUND NO EVIDENCE TO INDICATE THAT THIS WAS -- THESE WERE DRUG-RELATED MURDERS?
# 447 MR. COCHRAN: OBJECT TO THE FORM OF THAT. LEADING AND SUGGESTIVE, YOUR HONOR. THAT IS NOT WHAT THE TESTIMONY WAS.
# 448 THE COURT: SUSTAINED. REPHRASE THE QUESTION.
# 450 Q: DO YOU RECALL DISCUSSING THE SUBJECT MATTER OF WHETHER OR NOT THERE WAS ANY INDICATION THAT THESE WERE DRUG-RELATED MURDERS ON CROSS-EXAMINATION?
# 452 Q: SIR, HAVE YOU EVER WORKED ON HOMICIDE CASES THAT YOU DETERMINED TO BE DRUG-RELATED CASES?
# 455 A: I WOULD SAY PERHAPS AS MANY AS HALF OF THE NUMBER OF HOMICIDES I HAVE EVER HANDLED.
# 457 A: 125. MAYBE MORE; MAYBE LESS.
# 458 Q: ARE THERE CERTAIN THINGS THAT YOU HAVE FOUND IN THE COURSE AND SCOPE OF YOUR EXPERIENCE IN INVESTIGATING DRUG-RELATED HOMICIDES THAT YOU LOOK FOR NOW BASED ON THAT EXPERIENCE TO DETERMINE WHETHER OR NOT DRUGS ARE INVOLVED IN A HOMICIDE?
# 459 MR. COCHRAN: YOUR HONOR, I OBJECT TO THE FORM OF THE QUESTION. MAY WE APPROACH?