Recross-examination of Tom Lange (part 2)

📄 Recross-examination of Tom Lange (part 2) — Wednesday, March 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\8\RECROSS-EXAMINATION-OF-TOM-LAN.DOC

TRIAL

▲ Day 33 of 167

◀ Sidebar: questioning procedures Sidebar: investigation leads ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, March 8, 1995 • Utterances: 209

Cochran recrosses Detective Lange on three main fronts: the presence of Caucasian hairs on the gloves, the undocumented viewing of the Rockingham glove at the back of Fung's van, and the ice cream melting timeline. The examination is methodical and damaging — Lange repeatedly concedes that key observations were never written into any report, and that the ice cream investigation only began after Cochran raised it in court.

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

# 2 THE COURT:

THANK YOU, COUNSEL.

# 3 MR. COCHRAN:

THANK YOU VERY MUCH.

# 4 Q:

BY MR. COCHRAN: DETECTIVE LANGE, DO YOU RECALL WHETHER OR NOT THERE WERE CAUCASIAN HAIRS FOUND -- LET'S TAKE FIRST THE GLOVE ON ROCKINGHAM.

# 5 A:

I BELIEVE THAT MY INFORMATION WAS THAT THERE WAS IN FACT A CAUCASIAN HAIR ON THAT GLOVE.

# 6 Q:

AND WERE ANY TESTS CONDUCTED WITH REGARD TO THOSE CAUCASIAN HAIRS?

# 7 A:

I BELIEVE SO.

# 8 Q:

DO YOU HAVE ANY REPORTS IN YOUR VOLUMINOUS FILES THAT WOULD ILLUMINATE FURTHER FOR US WHERE THESE HAIRS WERE FOUND ON THAT GLOVE?

# 9 A:

ALL OF THOSE REPORTS BY THE ORDER OF THE COURT --

# 10 Q:

WAS YOUR ANSWER NO? IS THE ANSWER NO?

# 11 A:

I DON'T HAVE THEM.

# 12 MS. CLARK:

OBJECTION, YOUR HONOR. COULD THE WITNESS BE ALLOWED TO ANSWER?

# 13 THE COURT:

OVERRULED.

# 14 MR. COCHRAN:

WELL, HE'S NOT ANSWERING THE QUESTION, YOUR HONOR.

# 15 MS. CLARK:

HE'S ATTEMPTING TO.

# 16 THE COURT:

OVERRULED.

# 17 DET. TOM LANGE:

I NEVER GOT ANY REPORTS REGARDING THAT.

# 18 Q:

BY MR. COCHRAN: ALL RIGHT. DO YOU RECALL WHETHER OR NOT THERE WERE ANY CAUCASIAN HAIRS ON THE BUNDY GLOVE?

# 19 A:

I DON'T RECALL WHETHER THERE WAS OR NOT.

# 20 Q:

DO YOU KNOW WHETHER OR NOT AND HAVE YOU SEEN ANY REPORTS WITH REGARD TO ANY TESTS CONDUCTED ON ANY HAIRS THAT MAY OR MAY NOT HAVE BEEN ON THE BUNDY GLOVE?

# 21 A:

NO.

# 22 Q:

THE SAME ANSWER AS BEFORE?

# 23 A:

YES.

# 24 Q:

NOW, DID I UNDERSTAND YOUR TESTIMONY YESTERDAY TO INDICATE THAT YOU HAD SOMEONE BRING YOU THE GLOVE THAT WAS ALLEGEDLY FOUND AT ROCKINGHAM OVER TO YOU AT BUNDY? DID YOU SO TESTIFY YESTERDAY?

# 25 A:

THE GLOVE WAS ALREADY AT BUNDY BECAUSE THAT'S WHERE THE CRIMINALIST HAD JUST COME FROM. SO HE CAME TO BUNDY, AND AT THAT TIME, I REQUESTED TO TAKE A LOOK AT THE GLOVE.

# 26 Q:

HAD YOU ASKED TO HAVE THAT GLOVE BROUGHT OVER?

# 27 A:

NO. IT WAS BROUGHT OVER WITH THE CRIMINALIST AFTER HE CONCLUDED HIS INVESTIGATION AT ROCKINGHAM.

# 28 Q:

SO WE'RE CLEAR ABOUT THE CRIMINALIST, WHAT CRIMINALIST ARE WE TALKING ABOUT?

# 29 A:

MR. FUNG.

# 30 Q:

AND HOW DID HE BRING IT OVER IF YOU KNOW?

# 31 A:

HE DROVE OVER IN HIS TRUCK.

# 32 Q:

AND -- WELL, THEN BY THE TRUCK, HOW - WHERE WAS THE GLOVE WHEN YOU FIRST SAW IT?

# 33 A:

IN A BROWN PAPER BAG.

# 34 Q:

AND WAS ANYTHING ELSE IN THAT BAG?

# 35 A:

I DON'T RECALL SEEING ANYTHING ELSE IN THE BAG.

# 36 Q:

AND YOU TOLD US YESTERDAY HOW YOU EXAMINED THIS PARTICULAR GLOVE. DO YOU RECALL THAT?

# 37 A:

NO. I BELIEVE I JUST SAID THAT I LOOKED AT IT BRIEFLY AND THEN WE WENT OVER TO THE TRUCK AND I EXAMINED IT FURTHER AT THE REAR OF HIS TRUCK.

# 38 Q:

ALL RIGHT. LET'S GO BACK. WHERE DID YOU FIRST -- WHERE WERE YOU WHEN YOU FIRST SAW THE GLOVE THAT ALLEGEDLY HAD COME FROM ROCKINGHAM? WHERE WERE YOU IN RELATION TO THE BUNDY LOCATION?

# 39 A:

I WAS AT THE REAR OF THE CRIMINALIST VAN.

# 40 Q:

AND WHAT TIME WAS THIS?

# 41 A:

I COULD ONLY ESTIMATE. I --

# 42 Q:

YOUR BEST ESTIMATE. WHAT TIME WAS IT?

# 43 A:

I THINK PERHAPS 10:30, 10:45, 10:20. I DON'T KNOW.

# 44 Q:

ALL RIGHT. AND YOU SAW IT, FUNG HAD IT IN HIS HAND AT THAT POINT; IS THAT RIGHT?

# 45 A:

NO.

# 46 Q:

WHERE WAS IT?

# 47 A:

IT WAS IN A BROWN PAPER BAG. HE BROUGHT IT OVER TO ME AT THE SCENE AND SAID HE HAD IT AND HE SUGGESTED THAT WE GO TO THE TRUCK TO LOOK AT IT, WHICH WE DID.

# 48 Q:

THE QUESTION WAS, DID FUNG HAVE THE PAPER BAG IN HIS HAND AT THAT TIME?

# 49 A:

THAT'S MY RECOLLECTION.

# 50 Q:

ALL RIGHT. THAT'S WHAT I'M ASKING YOU. AND THEN AT THAT POINT, DID YOU VISUALLY LOOK INSIDE THE BAG?

# 51 A:

AGAIN, I DON'T BELIEVE I DID AT THAT POINT. WE WALKED TO THE TRUCK AND THAT'S WHEN I LOOKED INSIDE THE BAG.

# 52 Q:

AND WHEN YOU WALKED INSIDE THE TRUCK, WHO WAS PRESENT INSIDE THAT TRUCK WHEN YOU LOOKED INSIDE THIS BAG?

# 53 A:

OKAY. WE WERE AT THE REAR OF THE TRUCK. FUNG OPENED THE BAG AND SHOWED ME THE GLOVE.

# 54 Q:

CAN YOU ANSWER MY QUESTION? WHO WAS PRESENT INSIDE THE TRUCK AT THE TIME YOU LOOKED INSIDE THE BAG?

# 55 A:

FUNG AND MYSELF.

# 56 Q:

JUST THE TWO OF YOU?

# 57 A:

THAT'S MY RECOLLECTION.

# 58 Q:

ALL RIGHT. AND OF COURSE, YOU'VE WRITTEN ALL THIS DOWN IN YOUR REPORTS? YOU WROTE THIS DOWN IN YOUR REPORT; DID YOU NOT?

# 59 A:

I WROTE WHAT DOWN?

# 60 Q:

THE FACT THAT YOU SAW THE GLOVE THE BACK OF THE CRIMINALIST TRUCK ALONG WITH YOU AND FUNG, YOU WROTE THAT IN SOME REPORT, DIDN'T YOU?

# 61 A:

NO. NO.

# 62 Q:

I CAN'T HEAR YOU.

# 63 A:

NO.

# 64 Q:

THAT'S NOT WRITTEN ANYWHERE IN ANY OF YOUR REPORTS, IS IT?

# 65 A:

I WOULD HAVE HAD NO REASON TO WRITE THAT DOWN.

KEY QUOTE

# 66 Q:

I'M ASKING, IS THAT WRITTEN ANYWHERE IN ANY OF YOUR REPORTS, DETECTIVE?

# 67 A:

MY ANSWER IS, MR. COCHRAN, NO.

# 68 Q:

ALL RIGHT. AND YOU HAVE NEVER BEFORE YESTERDAY EVER TESTIFIED ABOUT THAT; ISN'T THAT RIGHT?

# 69 A:

IF I HAVEN'T BEEN ASKED ABOUT IT, I CERTAINLY WOULDN'T TESTIFY ABOUT IT.

# 70 Q:

LET ME ASK YOU THIS. DID YOU EVER BEFORE YESTERDAY AFTERNOON EVER TESTIFY ABOUT LOOKING AT THE GLOVE ALLEGEDLY TAKEN FROM ROCKINGHAM AT THE BUNDY SCENE ALONG WITH MR. FUNG? DID YOU EVER TESTIFY TO THAT BEFORE?

# 71 A:

I'VE NEVER BEEN ASKED THAT.

# 72 Q:

IT'S NEVER BEEN IN ANY OF YOUR REPORTS; IS THAT CORRECT?

# 73 A:

THERE WOULD HAVE BEEN NO REASON TO PUT IT IN ANY REPORT.

# 74 Q:

THE ANSWER IS NO?

# 75 A:

CORRECT.

# 76 Q:

NOW, SO WHEN YOU THEN LOOKED INSIDE THE BAG INSIDE THE TRUCK WHERE YOU AND FUNG WERE, DID YOU HAVE OCCASION TO TOUCH THE GLOVE AT THAT POINT?

# 77 A:

I DID NOT.

# 78 Q:

DID YOU TAKE THE GLOVE OUT?

# 79 A:

NO.

# 80 Q:

AND DID YOU EVER DO ANYTHING WITH REGARD TO THE OTHER GLOVE, THE SO-CALLED BUNDY GLOVE? DID YOU BRING IT OVER AND LOOK AT IT?

# 81 A:

I DIDN'T TOUCH IT.

# 82 Q:

YOU NEVER TOUCHED IT AT ALL THAT DAY?

# 83 A:

THE BUNDY GLOVE?

# 84 Q:

THE BUNDY GLOVE.

# 85 A:

I DON'T RECALL TOUCHING IT AT ALL.

# 86 Q:

BY THE WAY, WITH REGARD TO THIS EVIDENCE THAT WAS MOVED THAT YOU WERE TALKING ABOUT YESTERDAY, AND YOU TOLD US HOW THESE BODIES WERE IN CLOSE PROXIMITY, DID YOU SEE THE EVIDENCE MOVED AS THE BODIES WERE MOVED? AND BY THE EVIDENCE, I MEAN THE CAP, THE GLOVE AND THAT ENVELOPE. DID YOU SEE THAT EVIDENCE MOVED?

# 87 A:

NO.

# 88 MS. CLARK:

OBJECTION, YOUR HONOR. MISSTATES THE EVIDENCE, THE CAP WAS MOVED.

# 89 MR. COCHRAN:

I'M ASKING ON CROSS-EXAMINATION.

# 90 THE COURT:

OVERRULED.

# 91 Q:

BY MR. COCHRAN: DID YOU SEE EVIDENCE MOVED IN THIS CASE?

# 92 A:

I DIDN'T PHYSICALLY SEE IT, NO.

# 93 Q:

BUT WHEN I WAS ORIGINALLY WITH YOU ON CROSS-EXAMINATION, I SHOWED YOU THOSE PHOTOGRAPHS. YOU ACKNOWLEDGED THE EVIDENCE HAD BEEN MOVED; ISN'T THAT CORRECT?

# 94 A:

IT WAS OBVIOUS TO ME IT HAD.

KEY QUOTE

# 95 Q:

AND THAT'S THE FIRST TIME EVER IN THIS CASE YOU EVER BECAME AWARE THAT THE EVIDENCE HAD BEEN MOVED; IS THAT RIGHT?

# 96 A:

WHEN YOU SHOWED ME THOSE?

# 97 Q:

YES.

# 98 A:

NO.

# 99 Q:

YOU KNEW BEFORE THAT?

# 100 A:

I OBSERVED THE PHOTOS PRIOR TO THAT, YES.

# 101 Q:

AND DID YOU GO AND WRITE A REPORT ABOUT THAT DETAILING HOW AND WHEN THAT EVIDENCE HAD BEEN MOVED?

# 102 A:

I WOULDN'T HAVE KNOWN HOW AND WHEN.

# 103 MS. CLARK:

OBJECTION. ASKED AND ANSWERED.

# 104 THE COURT:

OVERRULED.

# 105 Q:

BY MR. COCHRAN: YOU MAY ANSWER.

# 106 A:

NO.

# 107 Q:

YOU'VE NEVER WRITTEN SUCH A REPORT, HAVE YOU?

# 108 A:

NO.

# 109 Q:

AND WITH REGARD TO THINGS LIKE THE ICE CREAM, YOU NEVER BOTHERED TO TEST THE MELTING RATE OF ICE CREAM UNTIL I STARTED ASKING YOU QUESTIONS, ISN'T THAT CORRECT, ABOUT THAT?

# 110 A:

UNTIL YOU MADE IT AN ISSUE, THAT'S CORRECT. IT WAS OF NO EVIDENTIARY VALUE TO ME AT ALL.

# 111 Q:

WELL, AS THE INVESTIGATOR, AGAIN, IF YOU MADE ONE OF YOUR MISTAKES THAT YOU MAKE ON OCCASION, PERHAPS WE CALL IT TO YOUR ATTENTION, AND NOW YOU'RE NOW TESTING ICE CREAM; ISN'T THAT CORRECT?

# 112 THE COURT:

IT'S ARGUMENTATIVE. IT'S ALSO BADGERING THE WITNESS AT THIS POINT.

# 113 Q:

BY MR. COCHRAN: WITH REGARD --

# 114 MR. COCHRAN:

LET ME REPHRASE IT, YOUR HONOR.

# 115 THE COURT:

PLEASE.

# 116 Q:

BY MR. COCHRAN: WITH REGARD TO THE ICE CREAM, THE FIRST TIME THAT YOU EVER DID ANY TESTS REGARDING THE ICE CREAM WAS AFTER WE STARTED TALKING ABOUT IT HERE IN COURT; IS THAT CORRECT, SIR?

# 117 A:

AFTER YOU MADE IT AN ISSUE, THAT'S CORRECT.

KEY QUOTE

# 118 Q:

SO THE ANSWER IS YES?

# 119 A:

YES.

# 120 Q:

ALL RIGHT. AND WITH REGARD TO -- LET'S TALK ABOUT THE ICE CREAM. YESTERDAY, IN RESPONSE TO ONE OF MISS CLARK'S QUESTIONS, YOU INDICATED THAT -- ABOUT SEEING SOME SUBSTANCE IN THE ICE CREAM. DO YOU RECALL THAT?

# 121 A:

SOME SUBSTANCE?

# 122 Q:

YES. YOU REMEMBER YOU SAID SOMETHING ABOUT SEEING SOMETHING INSIDE THE ICE CREAM?

# 123 A:

THERE APPEARED TO BE --

# 124 THE COURT:

HOLD ON. DETECTIVE, LET HIM FINISH ASKING THE QUESTION BEFORE YOU START ANSWERING, PLEASE.

# 125 DET. TOM LANGE:

OKAY.

# 126 Q:

BY MR. COCHRAN: DO YOU REMEMBER SO TESTIFYING ABOUT SEEING SOMETHING IN THE ICE CREAM AFTER IT MELTED, SIR?

# 127 A:

I REMEMBER SAYING I BELIEVE THERE WAS SOMETHING LUMPY.

# 128 Q:

AND DO YOU RECALL BEING ASKED QUESTIONS ABOUT THAT EARLIER, ABOUT THE ICE CREAM IN MY EXAMINATION? I'M GOING TO ASK YOU SOME QUESTIONS ABOUT THAT.

# 129 A:

YES.

# 130 Q:

DO YOU RECALL BEING ASKED THIS SERIES OF QUESTIONS AND GIVING THESE ANSWERS?

# 131 MR. COCHRAN:

COUNSEL, IT'S AT PAGE 15369 AND 15370. THEY'RE PRINTED OUT.

# 132 MS. CLARK:

OF WHAT?

# 133 MR. COCHRAN:

OF THE TRIAL TRANSCRIPT. TRIAL TRANSCRIPT. "TELL US WHAT YOU SAW WHEN YOU WENT IN THROUGH THAT DOOR, SIR, WENT UPSTAIRS. "ANSWER: I ENTERED UP THE STAIRS AND TO THE LEFT WAS A BANISTER, WHICH I OBSERVED A BEN AND JERRY'S ICE CREAM CUP. IT WAS POINTED OUT TO ME BY DETECTIVE PHILLIPS. TO ME, IT APPEARED TO BE MELTED OR MELTING. "I ASKED DETECTIVE PHILLIPS IF THAT HAD BEEN OBSERVED EARLIER. HE STATED --" THERE'S AN OBJECTION. "BY MISS CLARK: HE GAVE YOU SOME INFORMATION ABOUT THE OBSERVATIONS OF THE FIRST OFFICER ON THE SCENE? "ANSWER: YES. "QUESTION: DID YOU OBSERVE WHAT KIND OF ICE CREAM THAT WAS? "ANSWER: NO." REMEMBER SO TESTIFYING IN MISS CLARK'S DIRECT EXAMINATION THAT YOU DIDN'T OBSERVE WHAT KIND OF ICE CREAM THAT WAS AT THAT TIME? REMEMBER SO TESTIFYING?

# 134 A:

YES.

# 135 Q:

NOW YESTERDAY, WHEN YOU WERE ASKED, YOU TOLD US THAT YOU THOUGHT IT MIGHT HAVE A LUMPY AREA IN THE CENTER; IS THAT CORRECT?

# 136 A:

I BELIEVE I WAS ASKED IF IT HAD SOMETHING LIKE THAT, YES.

# 137 Q:

YOU DIDN'T TELL US ABOUT THAT BEFORE, DID YOU?

# 138 A:

I DON'T BELIEVE I WAS ASKED ABOUT THAT BEFORE.

# 139 Q:

NOW --

# 140 MS. CLARK:

OBJECTION. THAT'S NOT IMPEACHING, YOUR HONOR.

# 141 THE COURT:

OVERRULED.

# 142 Q:

BY MR. COCHRAN: NOW, WITH REGARD TO YOUR INVESTIGATION INTO THE ICE CREAM AND THE TYPE OF ICE CREAM, WHEN DID YOU START THAT INVESTIGATION?

# 143 A:

AS TO THE MELTING RATE, I BELIEVE IT WAS LAST WEEK PROBABLY, PERHAPS THE WEEK BEFORE.

# 144 Q:

THE WEEK BEFORE MEANING -- LET'S LOOK AT THE CALENDAR. WHICH WEEK ARE WE TALKING ABOUT? THE WEEK OF FEBRUARY THE 20TH, SIR?

# 145 A:

I BELIEVE THAT MIGHT HAVE -- I BELIEVE IT MIGHT HAVE OCCURRED ON THE -- YES, I BELIEVE IT WAS THAT WEEK, 20, 21, 22.

# 146 Q:

IN THAT AREA?

# 147 A:

I BELIEVE SO. I COULD BE MISTAKEN.

# 148 Q:

AND IN THE COURSE OF YOUR INVESTIGATION, HAVE YOU TALKED TO A YOUNG LADY BY THE NAME OF BERMAN AT ALL?

# 149 A:

HAVE I?

# 150 Q:

YES. HAVE YOU OR ANYONE IN YOUR DIRECTION, SIR?

# 151 A:

I BELIEVE SOMEONE MAY HAVE. I DIDN'T.

# 152 Q:

I MEAN IN THE COURSE OF THIS INVESTIGATION THAT STARTED SOMETIME THE WEEK OF THE 20TH I AM TALKING ABOUT NOW.

# 153 A:

IN REGARDS TO THE ICE CREAM?

# 154 Q:

YES, SIR.

# 155 A:

I HAVE NOT SINCE THEN, NO.

# 156 Q:

YOU HAVE NOT SINCE THEN?

# 157 A:

NO.

# 158 Q:

WHO ELSE HAVE YOU TALKED TO IN THE COURSE OF YOUR INVESTIGATION?

# 159 A:

I SPOKE WITH THE BROWN FAMILY AND THE CHILDREN THROUGH THE BROWN FAMILY.

# 160 Q:

ALL RIGHT. ANYONE ELSE?

# 161 A:

DETECTIVE PAYNE WHO I REQUESTED TO CONDUCT THIS EXAMINATION.

# 162 Q:

AND EXAMINATION, WHEN YOU SAY -- YOU MEAN INVESTIGATION?

# 163 A:

AS TO THE ICE CREAM, EXAMINATION OF THE MELTING RATE OF CHOCOLATE CHIP COOKIE DOUGH.

# 164 Q:

SO YOU HAD HIM GO OUT AND BUY SOME CHOCOLATE CHIP COOKIE DOUGH AND THEN TRY TO SEE HOW LONG IT TOOK TO MELT. IS THAT WHAT YOU DID?

# 165 A:

ESSENTIALLY THAT'S WHAT WE DID, YES.

# 166 Q:

WERE YOU PRESENT WHEN DETECTIVE PAYNE DID THIS?

# 167 A:

NO.

# 168 Q:

WERE YOU ABLE TO ASCERTAIN HOW MANY MEMBERS OF THE BROWN FAMILY ON THAT PARTICULAR NIGHT PURCHASED ICE CREAM?

# 169 A:

I WAS TOLD HOW MANY PURCHASED ICE CREAM.

# 170 Q:

AND YOU WERE TOLD THAT BY THE BROWN FAMILY?

# 171 A:

THAT'S CORRECT.

# 172 Q:

I'M SORRY. THE BROWN FAMILY?

# 173 THE COURT:

DO WE HAVE ANY BROWN FAMILY MEMBERS PRESENT IN THE COURTROOM? ALL RIGHT. PROCEED.

# 174 Q:

BY MR. COCHRAN: IN REGARD TO DETECTIVE PAYNE --

# 175 MR. COCHRAN:

CAN I HAVE JUST A SECOND, YOUR HONOR?

# 176 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 177 Q:

BY MR. COCHRAN: NOW, WITH REGARD TO DETECTIVE PAYNE, HAS HE WRITTEN -- GIVEN YOU A REPORT OF HIS FINDING REGARDING THE ICE CREAM?

# 178 A:

I HAVE PHOTOGRAPHS.

# 179 Q:

AND IN THOSE PHOTOGRAPHS, ARE THEY TAKEN IN A SEQUENTIAL FASHION SO THAT YOU'RE ABLE TO DETERMINE HOW LONG THIS PARTICULAR ICE CREAM WOULD TAKE TO MELT? IS THAT RIGHT?

# 180 A:

YES, IN FIVE-MINUTE INCREMENTS.

# 181 Q:

ALL RIGHT. AND YOU FOUND OUT THAT THAT PARTICULAR ICE CREAM WOULD MELT IN A LITTLE MORE THAN AN HOUR; ISN'T THAT RIGHT?

# 182 A:

APPROXIMATELY AN HOUR AND 15 MINUTES UNDER THOSE CONDITIONS.

# 183 Q:

SO IF THAT ICE CREAM WAS SOLID AT 11:00 O'CLOCK, SOMEONE WAS EATING IT AT 11:00 O'CLOCK, YOU WOULD EXPECT THAT IT WOULD BE MELTED THEN BY ABOUT 12:15 OR THEREAFTER, IS THAT CORRECT, OR IN A MELTING STATE?

# 184 A:

NOT IF IT HAD BEEN PLACED IN A FREEZER.

KEY QUOTE

# 185 Q:

WELL, I DIDN'T ASK YOU THAT. I ASKED YOU WHETHER YOU -- IF THE ICE CREAM WAS EATEN BY SOMEBODY AT 11:00 O'CLOCK AND IT WAS SEEN AN HOUR AND 15 MINUTES AFTER THAT, YOU WOULD EXPECT THAT IT WOULD BE MELTED, ISN'T THAT RIGHT, UNDER YOUR TEST?

# 186 MS. CLARK:

OBJECTION. NO FOUNDATION. SPECULATION. NO FOUNDATION.

# 187 MR. COCHRAN:

I'M ASKING.

# 188 THE COURT:

SUSTAINED.

# 189 MR. COCHRAN:

BASIS, YOUR HONOR?

# 190 THE COURT:

FOUNDATION.

# 191 MR. COCHRAN:

ALL RIGHT.

# 192 THE COURT:

SPECULATION.

# 193 Q:

BY MR. COCHRAN: NOW, WITH REGARD THEN TO THIS ICE CREAM, YOU WERE ABLE TO FIND OUT THAT THIS ICE CREAM WOULD MELT IN ABOUT AN HOUR, HOUR AND 15 MINUTES TESTING IT IN FIVE-MINUTE INTERVALS; IS THAT RIGHT?

# 194 A:

UNDER THE CONDITIONS THAT WE HAD, YES.

# 195 Q:

ALL RIGHT. NOW, IF RISKE FOUND THE ICE CREAM STILL MELTING AT 12:40 A.M. AND YOU EXTRAPOLATE BACKWARDS, DOES THAT MEAN THAT THE PERSON MAY HAVE BEEN EATING ICE CREAM AS LATE AS 11:15, 11:30?

# 196 A:

I COULDN'T SAY.

# 197 Q:

ALL RIGHT. WELL, YOU HAVE THIS TEST FROM DETECTIVE PAYNE, DON'T YOU?

# 198 A:

WELL, I HAVE THIS TEST, BUT THIS TEST ISN'T THE DEFINITIVE ANSWER AS TO MELTING ICE CREAM. IF YOU HAD PLACED THIS ICE CREAM IN THE FREEZER AND REFROZE THE ICE CREAM, IT WOULD CHANGE EVERYTHING.

# 199 Q:

WELL, DO YOU THINK SOMEONE PLACED THIS ICE CREAM IN THE FREEZER WHEN YOU FOUND -- WHEN YOU KNOW IN FACT THAT THE ICE CREAM WAS FOUND ON THE BANISTER WHERE IT WAS WHEN YOU FOUND IT, SIR?

# 200 A:

I DON'T KNOW WHEN IT WAS LAST FROZEN. IT MAY HAVE BEEN PLACED IN THE ICE CREAM PRIOR. I DON'T KNOW.

# 201 Q:

I SEE, SIR. AT ANY RATE, YOUR INVESTIGATION IN THE ICE CREAM CONTINUES; IS THAT CORRECT?

# 202 A:

THAT'S CORRECT.

# 203 Q:

AND YOU'RE DOING OTHER INVESTIGATIONS ALSO; ISN'T THAT CORRECT? THAT CONTINUES, THAT YOU'VE STARTED AFTER THIS TRIAL; ISN'T THAT CORRECT?

# 204 A:

HE GET INFORMATION ON A DAILY BASIS AND WE CONDUCT THIS INVESTIGATION ON A DAILY BASIS. EVERYTHING IS ONGOING.

# 205 Q:

DO YOU EVER INVESTIGATE ANY CLUES THAT LEAD AWAY FROM MR. SIMPSON? HAVE YOU DONE THAT?

# 206 A:

YES.

# 207 Q:

ALL RIGHT. WHAT CLUES HAVE YOU CONDUCTED --

# 208 MR. COCHRAN:

MAY I HAVE JUST A MOMENT, YOUR HONOR? MAY WE APPROACH FOR A SECOND?

# 209 THE COURT:

SURE.

Temperature

tense

Key Quotes (4)

Tom Lange

I WOULD HAVE HAD NO REASON TO WRITE THAT DOWN.

Lange's explanation for why his observation of the Rockingham glove at Fung's truck appears in no report — Cochran hammers this as a suspicious gap in documentation.

Tom Lange

AFTER YOU MADE IT AN ISSUE, THAT'S CORRECT.

Lange admits the ice cream melting investigation only began because Cochran challenged it in court — undermining the prosecution's claim that it was a thorough original investigation.

Tom Lange

IT WAS OBVIOUS TO ME IT HAD.

Lange concedes that evidence at the Bundy scene had visibly been moved, yet he never wrote a report about it.

Tom Lange

NOT IF IT HAD BEEN PLACED IN A FREEZER.

Lange deflects Cochran's ice cream timeline logic with a hypothetical freezer scenario, which Cochran immediately challenges as implausible given where the ice cream was found.

Evidence (6)

Informal

Caucasian hairs found on the Rockingham glove

discussed — Lange confirms a Caucasian hair was present but has no reports about it

Informal

Caucasian hairs possibly on the Bundy glove

discussed — Lange cannot recall and has no reports

Informal

Rockingham glove in a brown paper bag, viewed at the rear of Fung's van at Bundy

discussed — Lange confirms the viewing but admits it was never documented in any report

Informal

Ben & Jerry's Chocolate Chip Cookie Dough ice cream found on banister at Bundy

discussed at length — Cochran uses melting rate test results to probe murder timeline

Informal

Detective Payne's ice cream melting test photographs (five-minute increments)

referenced — Lange confirms results showed approximately 1 hour 15 minutes to melt

Informal

Trial transcript pages 15369–15370

read into record by Cochran — prior testimony where Lange said he did not observe what kind of ice cream it was

Notable Exchanges (4)

Johnnie Cochran•Tom Lange

Cochran methodically establishes that Lange's observation of the Rockingham glove at the back of Fung's van was never documented in any report and had never been testified to before the previous day — Lange concedes both points but says there was 'no reason' to write it down.

strategic

Johnnie Cochran•Tom Lange

Cochran uses Detective Payne's ice cream melting test (75 minutes) to argue that if ice cream was being eaten at 11pm, it would be melted by 12:15am — consistent with Officer Riske observing it still melting at 12:40am, suggesting a later purchase time than prosecution implies.

strategic

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark objects that Lange's question about the ice cream hypothetical lacks foundation; Ito sustains. Cochran then rephrases to extract the melting rate finding directly from Lange without the timeline extrapolation.

procedural

Lance A. Ito•Johnnie Cochran

When Cochran mentions talking to the 'Brown family,' Ito deadpans: 'Do we have any Brown family members present in the courtroom?' before directing proceedings to continue.

light

Light Moments (1)

Lance A. Ito

When Cochran mentions the Brown family, Ito pauses to ask if any Brown family members are present in the courtroom before moving on.

Credibility Attacks (3)

⚔ Tom Lange

omission from reports / prior inconsistent silence

Cochran establishes that Lange's account of viewing the Rockingham glove in Fung's van never appeared in any report and was never testified to before — implying the detail is newly fabricated or at minimum unreliable.

⚔ Tom Lange

reactive investigation / investigative bias

Cochran gets Lange to admit the ice cream melting investigation only began 'after you made it an issue' in court, suggesting the investigation is being constructed around the defense's challenges rather than objective inquiry.

⚔ Tom Lange

failure to document / omission

Lange concedes he knew the evidence at Bundy had been moved but wrote no report detailing how or when — a gap Cochran frames as investigative negligence.

Objections

6 objections (2 sustained, 4 overruled)

Proceeding 5208 • 209 utterances • Prosecution witness

Criminal Trial

Department 103