Redirect examination of Det. Tom Lange (morning, part 5)

📄 Redirect examination of Det. Tom Lange (morning, part 5) — Tuesday, March 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\7\REDIRECT-EXAMINATION-OF-DET-TO.DOC

TRIAL

▲ Day 32 of 167

Witness: Det. Tom Lange
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, March 7, 1995 • Utterances: 232

Marcia Clark conducts redirect examination of Detective Lange, rehabilitating testimony challenged on cross. She addresses the defense's ice cream timeline argument (Lange explains why he didn't treat it as evidence and conducted his own melting experiment), clarifies the lighting at 875 South Bundy was limited to a porch area not illuminating the victims, and spends considerable time untangling a numbering system confusion between photo ID numbers and evidentiary item numbers for blood drops on the rear and front gates.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. DETECTIVE LANGE, WHEN YOU HEAR ONE OF THE PARTIES MAKING AN OBJECTION, WOULD YOU PLEASE WAIT TO ANSWER THE QUESTION UNTIL I'VE HAD A CHANCE TO RULE ON THE OBJECTION?

# 3 DET. TOM LANGE:

YES, YOUR HONOR.

# 4 THE COURT:

MISS CLARK.

# 5 Q:

BY MS. CLARK: ALL RIGHT, SIR. IF YOU HAD CALLED THE CORONER AT 4:30 A.M. WHEN YOU FIRST ARRIVED AT THE SCENE, COULD YOU HAVE ALLOWED THE CORONER INTO THE CRIME SCENE TO EXAMINE AND REMOVE THE BODIES?

# 6 A:

NO.

# 7 Q:

WHY NOT?

# 8 A:

BECAUSE AT THAT TIME, WE HADN'T COMPLETED OUR CRIME SCENE INVESTIGATION.

# 9 Q:

NOW, YOU ALSO INDICATED THAT YOU SAW CANDLES BURNING INSIDE THE RESIDENCE WHEN YOU LOOKED INSIDE 875 SOUTH BUNDY?

# 10 A:

THAT'S CORRECT.

# 11 Q:

DID YOU HAVE ANY IDEA WHAT TIME THOSE CANDLES WERE LIT?

# 12 A:

NO.

# 13 Q:

DID YOU HAVE ANY IDEA HOW BIG THEY WERE AT THE TIME THEY WERE LIT?

# 14 A:

NO.

# 15 Q:

HOW FAST OR SLOW THOSE KIND OF CANDLES BURN?

# 16 A:

NO.

# 17 Q:

DO YOU HAPPEN TO KNOW WHETHER YOU CAN TELL A CANDLE BURNING FOR TWO HOURS, HOW DIFFERENT IT LOOKS FROM A CANDLE BURNING TWO HOURS AND 15 MINUTES?

# 18 A:

I WOULD HAVE NO IDEA.

# 19 Q:

ALL RIGHT. YOU INDICATED THAT YOU DID NOT CONSIDER THE ICE CREAM TO BE IMPORTANT OR YOU DIDN'T CONSIDER IT TO BE EVIDENCE. DO YOU --

# 20 MR. COCHRAN:

OBJECT TO THE FORM OF THE SUMMARY, YOUR HONOR. OBJECT TO THE SUMMARY. LEADING AND SUGGESTIVE.

# 21 THE COURT:

OVERRULED.

# 22 Q:

BY MS. CLARK: DO YOU RECALL TESTIFYING TO THAT IN RESPONSE TO ONE OF MR. COCHRAN'S QUESTIONS ON CROSS-EXAMINATION?

# 23 A:

YES.

# 24 MR. COCHRAN:

TO WHICH THERE'S AN OBJECTION.

# 25 THE COURT:

OVERRULED. MR. COCHRAN, OVERRULED.

# 26 Q:

BY MS. CLARK: CAN YOU EXPLAIN TO US, PLEASE, WHY YOU DID NOT CONSIDER IT TO BE EVIDENCE?

# 27 A:

I WAS AWARE THAT SMALL CHILDREN LIVED AT THE LOCATION AND THEY COULD VERY POSSIBLY BE EATING ICE CREAM, LEAVE OUT HALF-EATEN ICE CREAM. THE CUP ITSELF WAS NOT IN THE VICINITY OF THE BODIES OR THE CRIME SCENE. IT WAS IN THE REAR OF THE LOCATION. IT WAS IN A SECURED AREA AT THE REAR OF THE LOCATION. IT WAS UNCLEAR WHETHER IT WAS MELTED OR MELTING ICE CREAM, BUT LUMPY. LUMPY DOESN'T NECESSARILY MEAN MELTED, AND I JUST HAD -- HAD NO TIE-IN TO WHAT OCCURRED IN THE FRONT OF THE LOCATION.

KEY QUOTE

# 28 Q:

OKAY. WELL, IF YOU HAD -- IF YOU HAD PHOTOGRAPHED THE ICE CREAM, WOULD THAT HAVE GIVEN US -- WHAT KIND OF EVIDENCE WOULD THAT BE FOR US IN TERMS OF ITS MELTED OR FROZEN CONDITION?

# 29 MR. COCHRAN:

THAT CALLS FOR SPECULATION. WE DON'T HAVE ANY --

# 30 THE COURT:

SUSTAINED.

# 31 Q:

BY MS. CLARK: DID YOU -- COULD YOU TELL WHETHER THE ICE CREAM HAD LUMPS IN IT?

# 32 MR. COCHRAN:

YOUR HONOR, I OBJECT TO THE FORM OF THAT QUESTION. IT'S THIS WITNESS' --

# 33 THE COURT:

SUSTAINED. AT THIS TIME -- WHICH TIME?

# 34 MS. CLARK:

OH, I'M SORRY.

# 35 THE COURT:

WHEN HE LOOKED AT IT, WERE THERE LUMPS IN IT? HAD THERE BEEN A PHOTOGRAPH, COULD YOU TELL THERE WERE LUMPS IN IT? VAGUE. WHAT?

# 36 MS. CLARK:

SHOULD I PICK ONE OF THEM?

# 37 THE COURT:

I CAN THINK OF THREE MORE.

KEY QUOTE

# 38 MS. CLARK:

OKAY.

# 39 Q:

BY MS. CLARK: DID YOU -- WHEN YOU OBSERVED THE ICE CREAM, SIR, ON THE REAR BANISTER, DID YOU NOTICE WHETHER OR NOT IT HAD LUMPS IN IT OR CHUNKS IN IT?

# 40 A:

APPEARED TO ME THAT THERE MIGHT BE A MALT -- A LUMPY AREA INSIDE, YES.

# 41 Q:

AND DID YOU CONDUCT SOME INVESTIGATION INTO WHAT KIND OF ICE CREAM IT WAS?

# 42 A:

YES.

# 43 Q:

AND HAVE YOU EVER HEARD OF THE KIND OF ICE CREAM SOLD BY BEN AND JERRY'S KNOWN AS CHOCOLATE CHIP COOKIE DOUGH?

# 44 MR. COCHRAN:

OBJECT TO THE FORM. THAT'S LEADING AND SUGGESTIVE.

# 45 THE COURT:

IT IS. SUSTAINED.

# 46 Q:

BY MS. CLARK: DID YOU -- HAVE YOU HEARD OF CHOCOLATE CHIP COOKIE DOUGH?

# 47 THE COURT:

WHAT INVESTIGATION DID YOU DO WITH REGARD TO THE ICE CREAM?

# 48 MR. COCHRAN:

YOUR HONOR, OBJECTION.

# 49 MS. CLARK:

WELL, I DID THAT ONE.

# 50 THE COURT:

OVERRULED.

# 51 MR. COCHRAN:

OBJECT, YOUR HONOR.

# 52 THE COURT:

I JUST WANT TO MOVE THIS ALONG, COUNSEL.

# 53 MR. COCHRAN:

I UNDERSTAND, BUT --

# 54 Q:

BY MS. CLARK: YOU CONDUCTED -- YOU CONDUCTED SOME INVESTIGATION CONCERNING THE ICE CREAM THAT WAS FOUND IN THAT BEN AND JERRY'S CUP, SIR?

# 55 A:

YES.

# 56 Q:

AND DID YOU ATTEMPT TO DETERMINE WHAT KIND WAS IN THAT CUP?

# 57 A:

YES.

# 58 Q:

AND WHAT KIND WAS IT?

# 59 A:

CHOCOLATE CHIP COOKIE DOUGH.

# 60 MR. COCHRAN:

JUST A MOMENT. CALLS FOR SPECULATION.

# 61 THE COURT:

SUSTAINED. WITHOUT FOUNDATION AT THIS POINT.

# 62 Q:

BY MS. CLARK: HOW DID YOU CONDUCT THAT INVESTIGATION? WHAT DID YOU DO?

# 63 A:

I CONTACTED THE BROWN FAMILY AND INQUIRED OF THEM IF THEY WOULD SPEAK WITH THE CHILDREN.

# 64 Q:

NOW, YOU -- DID YOU, BASED ON THAT INVESTIGATION, MAKE AN ATTEMPT TO OBSERVE A PARTICULAR KIND OF ICE CREAM?

# 65 A:

YES.

# 66 MR. COCHRAN:

THAT'S VAGUE, YOUR HONOR. VAGUE.

# 67 THE COURT:

OVERRULED.

# 68 Q:

BY MS. CLARK: AND WHAT KIND OF ICE CREAM DID YOU PICK OUT TO OBSERVE?

# 69 A:

CHOCOLATE CHIP COOKIE DOUGH.

# 70 Q:

AND WHAT DID YOU OBSERVE ABOUT THAT ICE CREAM?

# 71 A:

THAT AFTER IT HAD MELTED --

# 72 MR. COCHRAN:

OBJECT TO THE FORM OF THIS QUESTION.

# 73 THE COURT:

OVERRULED.

# 74 DET. TOM LANGE:

THAT AFTER IT HAD MELTED, IT APPEARED TO BE LUMPY.

KEY QUOTE

# 75 Q:

BY MS. CLARK: YOU INDICATED, SIR, IN YOUR GRAND JURY TESTIMONY, IT WAS POINTED OUT SOMETHING REGARDING THE LIGHTING ON THE PORCH AT 875 SOUTH BUNDY?

# 76 A:

YES.

# 77 Q:

DO YOU RECALL THAT?

# 78 A:

YES.

# 79 Q:

AND YOU WERE REFERRED TO PAGE 292. I'M GOING TO ASK YOU TO REFER BACK TO THAT PASSAGE THAT WAS POINTED OUT TO YOU BY COUNSEL ON CROSS-EXAMINATION AND ASK YOU A FEW QUESTIONS ABOUT THAT.

# 80 MR. COCHRAN:

MAY WE KNOW WHAT HE'S REFERRING TO?

# 81 THE COURT:

PAGE 292.

# 82 MS. CLARK:

292 FROM LINES 16 DOWN TO THE BOTTOM.

# 83 MR. COCHRAN:

MAY I APPROACH?

# 84 THE COURT:

CERTAINLY.

# 85 DET. TOM LANGE:

YES.

# 86 THE COURT:

MISS CLARK.

# 87 MS. CLARK:

THANK YOU.

# 88 Q:

BY MS. CLARK: NOW, YOU INDICATE -- TELL ME, SIR, ARE THESE YOUR ANSWERS AND RESPONSES TO THE FOLLOWING QUESTIONS? LINE 16: "QUESTION: SIR, WHEN YOU ARRIVED, CAN YOU TELL ME IF YOU NOTICED THE LIGHTING IN THE FRONT OF THE BUILDING THERE? WAS THERE ANY? "ANSWER: THERE WAS A PORCH LIGHT ON UP THE PORCH. "QUESTION: UP ON THE LANDING? "ANSWER: YES. "QUESTION: DOES THAT ILLUMINATE THE WALKWAY? "ANSWER: YES. "QUESTION: IN ANY EFFECTIVE WAY? "ANSWER: IT WOULD HAVE ILLUMINATED IT SOME WAY. THE LIGHTING I WOULDN'T SAY WAS EXCELLENT, BUT IT WAS FAR FROM BEING DARK. IT WAS ILLUMINATED." FIRST OF ALL, SIR, WITH RESPECT TO THOSE QUESTIONS AND ANSWERS, DO YOU RECOGNIZE THOSE AS HAVING BEEN POSED TO YOU AND THOSE BEING YOUR ANSWERS AT THE GRAND JURY?

# 89 A:

YES.

# 90 Q:

AND WHAT WALKWAY ARE YOU REFERRING TO?

# 91 A:

THE WALKWAY THAT PROCEEDS ALONG THE NORTH SIDE OF THE RESIDENCE WESTERLY, EAST-WEST PAST THE FRONT ENTRANCE.

# 92 Q:

ARE YOU REFERRING TO THE WALKWAY AT THE TOP OF THE STEPS OR THE WALKWAY THAT LEADS DOWN TO THE SIDEWALK?

# 93 A:

THE TOP OF THE STEPS NEAR THE FRONT ENTRANCE.

# 94 Q:

SO THE PORCH LIGHT THAT YOU REFERRED TO, SIR, REFERRED TO IN THAT PASSAGE, DID IT ILLUMINATE THE BODIES OF THE VICTIMS IN ANY WAY?

# 95 A:

NO.

# 96 Q:

DID IT ILLUMINATE THE FRONT WALKWAY THAT GOES FROM THE STEPS DOWN TO THE SIDEWALK, 875 SOUTH BUNDY?

# 97 A:

NO.

# 98 Q:

NOW --

# 99 MS. CLARK:

WELL, MAYBE WE SHOULD START THE VIDEO.

# 100 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 101 Q:

BY MS. CLARK: IN THE MEANTIME, YOU WERE ASKED ABOUT AN OVER-LAPPING NUMBERING, SIR. SHOW YOU THIS AGAIN. ALL RIGHT. DO YOU SEE THE NUMBERS IN -- THIS IS PEOPLE'S 53?

# 102 A:

YES.

# 103 Q:

115, 116 AND 117.

# 104 A:

YES.

# 105 Q:

ALL RIGHT. AND THEN -- AND THOSE -- ON PEOPLE'S 53 THAT YOU JUST LOOKED AT, 115, 116 AND 117 WERE MARKERS ON BLOOD DROPS ON THE REAR GATE?

# 106 A:

YES.

# 107 Q:

OKAY. NOW, ON PEOPLE'S 48, YOU HAVE MARKERS OF 115 AND 117 ON -- OBVIOUSLY THESE ARE BLOOD DROPS, BUT THEY'RE NOT ON THE GATE.

# 108 A:

YES.

# 109 Q:

CAN YOU EXPLAIN TO US FIRST OF ALL THE DIFFERENCE BETWEEN A PHOTO ID NUMBER AND AN ITEM NUMBER?

# 110 A:

PHOTO IDENTIFICATION NUMBER AS IT APPEARS HERE IN ITEMS 115 AND 117 ARE FOR IDENTIFICATION PURPOSES OF THE ITEM. THE OTHER NUMBERS ARE FOR PURPOSES OF WHEN THEY ARE BOOKED INTO EVIDENCE. THAT'S AN EVIDENCE NUMBER. IT GOES ON THE PROPERTY REPORT.

# 111 Q:

NOW, THE NUMBERS SHOWN IN PEOPLE'S 48, SIR, WHAT ARE THESE? ARE THESE PHOTO ID NUMBERS OR ARE THOSE ITEM NUMBERS?

# 112 A:

THOSE ARE PHOTO IDENTIFICATION NUMBERS.

# 113 Q:

AND ARE THERE REPORTS THAT INDICATE THAT THESE ARE PHOTO ID NUMBERS SHOWN IN PEOPLE'S 48?

# 114 A:

YES. THAT WOULD BE ON THE PROPERTY REPORTS.

# 115 Q:

AND ARE THE ITEMS MARKED IN THESE PHOTOGRAPHS WITH PHOTO ID NO. 115 AND 117, HAVE THEY BEEN GIVEN ITEM NUMBERS THAT ARE DIFFERENT FROM THOSE NUMBERS?

# 116 A:

THAT'S CORRECT.

# 117 Q:

AND IS THAT REFLECTED IN REPORTS AS WELL?

# 118 A:

YES, IT IS.

# 119 Q:

AND ALL THESE REPORTS YOU WRITE, GENERATE, YOU GIVE COPIES TO MYSELF AND DEFENSE COUNSEL?

# 120 A:

YES. THESE PARTICULAR REPORTS WERE GENERATED BY THE CRIMINALIST, BUT, YES, THEY WERE TURNED OVER.

# 121 Q:

AND THEN WITH RESPECT TO THE ITEMS SHOWN ON PEOPLE'S 53, 115, 116 AND 117, IS THERE A REPORT THAT INDICATES WHETHER OR NOT THESE ARE ITEM NUMBERS OR PHOTO ID NUMBERS?

# 122 A:

YES. THOSE ARE EVIDENTIARY ITEM NUMBERS.

# 123 Q:

SO REPORTS THAT -- AND IS THERE A REPORT INDICATING WHETHER OR NOT THE ITEMS MARKED AS 115 AND 117 ON THE BOARD DOWN HERE MARKED AS PEOPLE'S 48, WHETHER THOSE ARE PHOTO ID OR ITEM NUMBERS?

# 124 A:

YES.

# 125 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION. VAGUE.

# 126 THE COURT:

OVERRULED.

# 127 Q:

BY MS. CLARK: AND WHAT -- WHAT IS INDICATED IN THE REPORT WITH RESPECT TO THE NUMBERS 115 AND 117 ON PEOPLE'S 48?

# 128 MR. COCHRAN:

OBJECTION. THE REPORT SPEAKS FOR ITSELF.

# 129 THE COURT:

OVERRULED.

# 130 DET. TOM LANGE:

115 AND 117 ARE AGAIN PHOTOGRAPHIC IDENTIFICATION NUMBERS AS THEY APPEAR ON THE PROPERTY REPORTS.

# 131 Q:

BY MS. CLARK: AND IS THERE A REPORT THAT INDICATES WHAT THEIR ITEM NUMBERS ARE?

# 132 A:

YES, THERE IS.

# 133 Q:

AND DO YOU KNOW WHAT THEIR ITEM NUMBERS ARE?

# 134 A:

I WOULD HAVE TO LOOK. OFFHAND, I CAN'T TELL YOU.

# 135 Q:

WOULD IT REFRESH YOUR RECOLLECTION IF YOU DID LOOK?

# 136 A:

YES.

# 137 Q:

DO YOU HAVE SOMETHING TO DO THAT WITH?

# 138 A:

YES.

# 139 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 140 DET. TOM LANGE:

PHOTO ID 115 IS ITEM -- EVIDENTIARY ITEM NO. 50.

# 141 Q:

BY MS. CLARK: OKAY. SO JUST --

# 142 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 143 Q:

BY MS. CLARK: ALL RIGHT. YOU ARE HOLDING UP -- WE'RE HOLDING UP NOW PEOPLE'S 48. OKAY. THE ITEM THAT YOU POINTED OUT, ITEM 115, PHOTO ID NO. 115 IN PEOPLE'S 48-G, WHAT ITEM NUMBER IS THAT?

# 144 A:

IT'S EVIDENTIARY ITEM NO. 50.

# 145 Q:

AND THE BLOOD DROPS SHOWN IN PEOPLE'S 53, 53-C THAT HAS THE NUMBER 115, THAT -- IS THAT -- WHAT IS THAT? IS THAT THE ITEM NUMBER OR PHOTO ID NUMBER?

# 146 A:

IT'S AN EVIDENTIARY ITEM NUMBER.

# 147 Q:

OKAY. SO WHAT IS MARKED AS 115 IN 53-C --

# 148 MR. COCHRAN:

LEADING AND SUGGESTIVE, YOUR HONOR. HE CAN TELL US.

# 149 MS. CLARK:

I HAVEN'T FINISHED THE QUESTION.

# 150 THE COURT:

PROCEED.

# 151 Q:

BY MS. CLARK: THE BLOOD DROP MARKED WITH THE NUMBER 115 IN 48-G HAS THE ITEM -- HAS WHAT ITEM NUMBER?

# 152 MR. COCHRAN:

ASKED AND ANSWERED.

# 153 THE COURT:

OVERRULED.

# 154 DET. TOM LANGE:

THE ITEM THAT -- I'M SORRY. WHAT --

# 155 Q:

BY MS. CLARK: THE PHOTO ID NO. 115 HAS WHAT ITEM NUMBER?

# 156 A:

I BELIEVE THAT WAS ITEM NO. 50. ITEM 50.

# 157 Q:

OKAY. AND THE PHOTO ID NUMBER ITEM SHOWN -- PHOTO ID NO. 117 GOES TO ITEM NUMBER WHAT?

# 158 A:

52.

# 159 Q:

52?

# 160 A:

YES.

# 161 Q:

AND 117, IS THAT SHOWN IN THE PHOTOGRAPH I'M POINTING TO, 42-I?

# 162 A:

YES.

# 163 Q:

AND IS THERE AN ITEM NUMBER INDICATED FOR THE BLOOD DROP SHOWN BY THE NUMBER 117 IN 53-F?

# 164 A:

YES. THAT'S EVIDENTIARY ITEM NO. 117.

# 165 Q:

NOW, WITH RESPECT TO 116 SHOWN IN 53-D, CAN YOU TELL US, SIR, IS THAT THE ITEM NUMBER OR PHOTO ID NUMBER?

# 166 A:

IT'S THE ITEM NUMBER.

# 167 Q:

OKAY. OKAY. NOW, DO YOU SEE --

# 168 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 169 MS. CLARK:

YOUR HONOR, ASK THIS BE MARKED PEOPLE'S NEXT IN ORDER, 97?

# 170 THE COURT:

ALL RIGHT. SO MARKED.

# 171 (PEO'S 97 FOR ID = PHOTOGRAPH)

# 172 Q:

BY MS. CLARK: ALL RIGHT, SIR. DO YOU RECOGNIZE -- HAVE YOU LOOKED AT THE MONITOR?

# 173 A:

YES.

# 174 Q:

AND YOU SEE THE NUMBER 116?

# 175 A:

YES.

# 176 Q:

CAN YOU TELL US FROM YOUR RECOLLECTION, SIR, WHERE IS THAT BLOOD -- WHERE IS THE GATE ON WHICH THAT BLOOD IS SHOWN?

# 177 MR. COCHRAN:

OBJECT, YOUR HONOR. CONCLUSION ON THE PART OF THE WITNESS.

# 178 THE COURT:

SUSTAINED.

# 179 Q:

BY MS. CLARK: WHAT APPEARS TO BE BLOOD.

# 180 A:

THERE WAS AN OBJECTION SUSTAINED?

# 181 THE COURT:

YOU CAN ANSWER THE QUESTION. WHAT APPEARS TO BE BLOOD.

# 182 Q:

BY MS. CLARK: WHAT APPEARS TO BE BLOOD.

# 183 A:

YES. THAT IS ON THE FRONT GATE.

# 184 Q:

THE FRONT GATE?

# 185 A:

THAT'S CORRECT.

# 186 Q:

SO IS THIS A DIFFERENT ITEM FROM THE ONE -- IS THIS A DIFFERENT LOCATION FROM THE ONE DEPICTED IN PEOPLE'S 53, SPECIFICALLY 53-D NEXT TO YOU HERE?

# 187 A:

YES. THAT'S A PHOTOGRAPH ID NUMBER.

# 188 Q:

AND IS THERE AN ITEM NUMBER THAT GOES WITH THAT PHOTO ID NUMBER, SIR?

# 189 A:

YES.

# 190 Q:

AND WHAT IS THE ITEM NUMBER?

# 191 A:

IT'S ITEM NO. 51.

# 192 Q:

AND WHAT IS THE ITEM NUMBER FOR WHAT APPEARS TO BE BLOOD IN THE PHOTOGRAPH MARKED AS 53-D?

# 193 MR. COCHRAN:

WAS THERE A NUMBER IN THE QUESTION?

# 194 THE COURT:

WHAT NUMBER IS DEPICTED IN 53-D?

# 195 DET. TOM LANGE:

PHOTO ID NUMBER?

# 196 Q:

BY MS. CLARK: NO. NO. NO.

# 197 A:

THAT'S ITEM 116. IS THAT WHAT YOU'RE REFERRING TO?

# 198 Q:

YES.

# 199 A:

YES.

# 200 Q:

IS THERE A PHOTO ID NUMBER FOR THE ITEMS SHOWN, 115, 116 AND 117 ON PEOPLE'S 53?

# 201 A:

NO.

# 202 Q:

NO PHOTO ID NUMBERS?

# 203 A:

NO.

# 204 Q:

THOSE ARE JUST ITEM NUMBERS?

# 205 A:

YES.

# 206 Q:

BUT THE BLOOD SHOWN ON PEOPLE'S 97 --

# 207 MR. COCHRAN:

MOVE TO STRIKE.

# 208 Q:

BY MS. CLARK: -- AND PEOPLE'S 48, DOES THAT --

# 209 THE COURT:

REPHRASE THE QUESTION. WHAT APPEARS TO BE.

# 210 Q:

BY MS. CLARK: OH. THE -- WHAT APPEARS TO BE BLOOD IN PEOPLE'S 97 AND IN PEOPLE'S 48, DO THOSE -- WHAT APPEAR TO BE BLOOD DROPS HAVE ITEM NUMBERS THAT ARE DIFFERENT FROM THE NUMBERS SHOWN IN THESE PHOTOGRAPHS?

# 211 A:

YES, THEY DO.

# 212 Q:

AND THOSE WOULD BE THE ITEM NUMBERS YOU JUST STATED, SIR?

# 213 A:

YES.

# 214 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 215 Q:

BY MS. CLARK: OKAY. SO -- SO IS THERE -- SO IS THERE -- ARE THERE REPORTS TO INDICATE WHAT THE ITEM NUMBERS ARE FOR EACH OF THE ITEMS YOU'VE JUST DESCRIBED, SIR?

# 216 A:

YES, THERE ARE.

# 217 Q:

AND ARE THERE REPORTS THAT ALSO INDICATE WHAT THE PHOTO ID NUMBERS ARE FOR EACH OF THESE ITEMS?

# 218 A:

YES.

# 219 Q:

AND IF ONE NEEDED TO STRAIGHTEN OUT ANY CONFUSION ABOUT THAT, COULD ONE LOOK AT THOSE REPORTS?

# 220 A:

CERTAINLY.

# 221 Q:

ARE THERE ANY ITEMS THAT HAVE BEEN RECOVERED THAT HAVE BEEN GIVEN THE SAME NUMBER?

# 222 A:

NO.

# 223 Q:

DOES EACH ITEM OF EVIDENCE HAVE ITS OWN NUMBER IN THIS CASE?

# 224 A:

THAT'S CORRECT.

# 225 Q:

AND ARE THERE REPORTS TO INDICATE THAT, SIR?

# 226 A:

YES, THERE ARE.

# 227 THE COURT:

WOULD THIS BE A GOOD PLACE?

# 228 MS. CLARK:

SURE.

# 229 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, WE'RE GOING TO TAKE OUR RECESS FOR THE NOON HOUR. PLEASE REMEMBER MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T HAVE ANY CONVERSATIONS WITH ANYBODY, DON'T CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED. SEE YOU BACK HERE AT 1:30. DETECTIVE LANGE, YOU ARE ORDERED TO BE BACK HERE AT 1:30. ALL RIGHT. AND I'LL NEED THE COURT REPORTER.

# 230 (AT 12:00 P.M., THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

# 231 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

# 232 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

Temperature

procedural

Key Quotes (4)

Detective Lange

I WAS AWARE THAT SMALL CHILDREN LIVED AT THE LOCATION AND THEY COULD VERY POSSIBLY BE EATING ICE CREAM, LEAVE OUT HALF-EATEN ICE CREAM. THE CUP ITSELF WAS NOT IN THE VICINITY OF THE BODIES OR THE CRIME SCENE. IT WAS IN THE REAR OF THE LOCATION.

Lange's explanation for why he dismissed the ice cream as evidence — a key defense timeline prop — undermines the inference that its melted state proved anything about the murder time.

Detective Lange

THAT AFTER IT HAD MELTED, IT APPEARED TO BE LUMPY.

Lange reports he conducted an informal experiment with Ben & Jerry's Chocolate Chip Cookie Dough, suggesting the lumpy appearance the defense implied was 'melted' could be a property of the ice cream itself.

Lance A. Ito

I CAN THINK OF THREE MORE.

The judge's dry aside after Clark's ice cream question was deemed vague — one of the few moments of levity in an otherwise technical session.

Detective Lange

THE LIGHTING I WOULDN'T SAY WAS EXCELLENT, BUT IT WAS FAR FROM BEING DARK. IT WAS ILLUMINATED.

Lange clarifying his grand jury testimony: the porch light illuminated the top landing walkway only, not the victims or the front walkway — context the defense had used to suggest investigator visibility was limited.

Evidence (5)

People's 48

Crime scene photographs showing blood drops marked with photo ID numbers 115 and 117, not on the rear gate

discussed to distinguish photo ID numbers from evidentiary item numbers

People's 53

Crime scene photographs showing blood drops on the rear gate marked 115, 116, and 117 as evidentiary item numbers

discussed alongside People's 48 to resolve numbering confusion

People's 97

Photograph of apparent blood on the front gate, newly marked during this session

introduced and discussed; identified as corresponding to evidentiary item 51

Informal

Grand jury testimony of Detective Lange, page 292, regarding porch lighting at 875 South Bundy

read into the record and clarified on redirect

Informal

Ben & Jerry's Chocolate Chip Cookie Dough ice cream cup found on rear banister

discussed extensively; Lange explains he investigated its type by contacting the Brown family and conducted an informal melting observation

Notable Exchanges (3)

Marcia Clark•Lance A. Ito

After Clark's question about the ice cream was called vague, Ito listed multiple interpretations it could have ('when he looked at it... had there been a photograph... vague, what?'), then offered 'I can think of three more' when Clark asked which to pick.

light

Marcia Clark•Detective Lange•Johnnie Cochran

Extended back-and-forth over whether the overlapping numbers 115, 116, 117 in multiple photo exhibits represented photo ID numbers or evidentiary item numbers. Cochran repeatedly objected as the questioning became circular; Ito overruled most objections but at one point took over asking the question himself.

procedural

Marcia Clark•Johnnie Cochran

Cochran objects mid-question 'LEADING AND SUGGESTIVE' and Clark responds 'I HAVEN'T FINISHED THE QUESTION.' Ito simply says 'PROCEED.'

tense

Light Moments (2)

Lance A. Ito

After Clark's ice cream question was criticized as vague, Ito enumerated three possible interpretations it could have, then quipped 'I CAN THINK OF THREE MORE' when Clark asked which version she should use.

Marcia Clark

Clark responding 'SHOULD I PICK ONE OF THEM?' to the judge's list of possible question interpretations.

Credibility Attacks (2)

⚔ Detective Lange

rehabilitation after prior inconsistent statement

Clark re-examines Lange's grand jury testimony about porch lighting (page 292) to clarify that his statement referred to the upper landing walkway only — not the front walkway or the area where victims were found — countering defense implications from cross.

⚔ LAPD investigation

rehabilitation

Clark elicits that every item of evidence has a unique number, full paper trails exist for photo ID vs. item number distinctions, and reports were disclosed to both sides — pushing back on the defense's suggestion of numbering confusion or evidence mishandling.

Objections

15 objections (5 sustained, 8 overruled)

Proceeding 5183 • 232 utterances • Prosecution witness

Criminal Trial

Department 103