📄 Direct examination of Mark Fuhrman (part 2) — Thursday, March 9, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\9\DIRECT-EXAMINATION-OF-MARK-FUH.DOC
TRIAL
▲ Day 34 of 167

Direct examination of Mark Fuhrman (part 2)

Witness: Det. Mark Fuhrman
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, March 9, 1995 • Utterances: 609
Marcia Clark resumes direct examination of Detective Mark Fuhrman, first addressing the Kathleen Bell letter preemptively by having Fuhrman deny the conversation she described ever occurred. Clark then walks Fuhrman through his alibi for the night of June 12th, his arrival at 875 South Bundy at 2:10 AM, and his methodical walkthrough of the crime scene with Officer Riske and Detective Phillips, culminating in the identification of the glove and knit cap under the bush near Ron Goldman's body.
1

DIRECT EXAMINATION (RESUMED)

2

BY MS. CLARK:

3 Q:

I'M GOING TO ASK YOU, SIR, WHEN WE LEFT OFF, I ASKED YOU IF YOU HAD SEEN A COPY OF THE LETTER WRITTEN BY THE WOMAN NAMED KATHLEEN BELL THAT SHE WROTE IN JULY OF 1994 TO MR. COCHRAN. I BELIEVE IT WAS JULY 19TH OF 1994 AND I WAS ABOUT TO ASK YOU TO READ THAT LETTER ON THE MONITOR. COULD YOU NOW DO SO, SIR?

4 A:

YES.

5 THE COURT:

I TAKE IT YOU ARE ASKING DETECTIVE FUHRMAN TO READ THE PARAGRAPH THAT'S DEPICTED ON THE MONITOR?

6 MS. CLARK:

THAT'S CORRECT, YOUR HONOR.

7 THE COURT:

ALL RIGHT. FOR THE RECORD, THIS IS THE SECOND FULL PARAGRAPH OF THE LETTER.

8 MS. CLARK:

THANK YOU, YOUR HONOR.

9 Q:

BY MS. CLARK: FIRST OF ALL, SIR, WITH RESPECT TO THIS PARAGRAPH, DID YOU VISIT A MARINE RECRUITING OFFICE LOCATED IN REDONDO BEACH IN 1985 TO -- BETWEEN 1985 AND 1986?

10 A:

YES.

11 Q:

DO YOU REMEMBER MEETING A WOMAN NAMED KATHLEEN BELL AT THAT MARINE RECRUITING OFFICE BETWEEN 1985 AND 1986?

12 A:

NO.

13 Q:

DID ONE OF THE DISTRICT ATTORNEYS ON THIS CASE ASK YOU TO WATCH LARRY KING LIVE ON TELEVISION?

14 A:

YES, THEY DID.

15 Q:

AND DO YOU RECALL APPROXIMATELY WHEN THAT WAS?

16 A:

I BELIEVE IT WAS IN THE LAST MONTH. I THINK IT WAS THE -- THE PROGRAM SHE WAS ON JUST BEFORE THE MOST RECENT. SO I THINK IT WOULD BE ABOUT A MONTH.

17 Q:

SO ABOUT A MONTH AGO?

18 A:

A MONTH, YES.

19 Q:

AND FOR WHAT PURPOSE WERE YOU WATCHING LARRY KING LIVE?

20 A:

THEY ASKED ME TO JUST LOOK AT THE SHOW AND SEE IF LOOKING AT THE WOMAN JOGGED MY MEMORY.

21 Q:

AND DID YOU THEN LOOK AT THE SHOW, SIR?

22 A:

YES.

23 Q:

DID YOU SEE A WOMAN WHO CALLED HERSELF KATHLEEN BELL?

24 A:

YES.

25 Q:

AND DID YOU RECOGNIZE HER?

26 A:

NO, I DID NOT.

27 MS. CLARK:

NEXT PARAGRAPH.

28 THE COURT:

ALL RIGHT. THE RECORD SHOULD REFLECT WHAT IS BEING DISPLAYED NOW IS THE THIRD FULL PARAGRAPH.

29 Q:

BY MS. CLARK: OKAY. YOU'VE READ THE CONVERSATION THUS FAR AS DESCRIBED IN THE LETTER?

30 A:

YES, I HAVE.

31 MS. CLARK:

NEXT PARAGRAPH.

32 Q:

BY MS. CLARK: AND HAVE YOU READ THAT PARAGRAPH, SIR?

33 A:

I HAVE.

34 Q:

DID THE CONVERSATION KATHLEEN BELL DESCRIBES IN THIS LETTER OCCUR?

KEY QUOTE
35 A:

NO, IT DID NOT.

36 Q:

NOW, DURING THAT PRACTICE SESSION --

37 MS. CLARK:

THAT'S IT.

38 Q:

BY MS. CLARK: AT THE BEGINNING OF YOUR TESTIMONY, WE REFERRED TO A PRACTICE SESSION IN WHICH THERE WERE SEVERAL DISTRICT ATTORNEYS WE REFERRED TO AT THE BEGINNING OF YOUR TESTIMONY. THAT PRACTICE OR MOCK CROSS-EXAMINATION, DID THAT DEAL WITH THE ANTICIPATED CROSS-EXAMINATION ON THIS SUBJECT OF KATHLEEN BELL?

39 A:

YES, IT DID.

40 Q:

DID IT DEAL WITH YOUR ACTUAL WORK ON THIS CASE AS A POLICE DETECTIVE?

41 A:

NO, IT DIDN'T.

42 Q:

AND HOW LONG DID THAT EXAMINATION TAKE PLACE FOR?

43 A:

20 TO 30 MINUTES.

44 Q:

AND THAT CONVERSATION THAT IS DESCRIBED IN THIS LETTER FROM KATHLEEN BELL, DID THAT OCCUR, SIR?

45 A:

NO, IT DIDN'T.

46 Q:

NOW, BACK IN 1985, WE WERE TALKING ABOUT YOU RESPONDED TO THE DEFENDANT'S HOME ON -- AT 360 ROCKINGHAM PURSUANT TO A CALL WHERE YOU SAW A WOMAN CRYING, LEANING UP AGAINST A MERCEDES BENZ. DO YOU RECALL THAT TESTIMONY, SIR?

47 A:

YES, MA'AM.

48 Q:

DID YOU EVER FILL OUT A REPORT THAT DESCRIBED THAT EVENT?

49 A:

NO, I DIDN'T.

50 Q:

NOW, YOU SAW THAT THE WOMAN INVOLVED WITH MR. SIMPSON WAS A WHITE WOMAN, DIDN'T YOU?

51 A:

YES.

52 Q:

DID YOU TAKE ANY STEPS TO FURTHER INVESTIGATE THAT INCIDENT?

53 A:

NO.

54 Q:

DID YOU MAKE ANY EFFORT TO ENCOURAGE THAT THE DEFENDANT BE PROSECUTED FOR IT?

55 A:

NO.

56 Q:

DID YOU ATTEMPT TO PERSUADE MISS -- LET ME BACK UP FOR A SECOND. THE WOMAN THAT YOU SAW THERE CRYING UP AGAINST THE MERCEDES BENZ, DID YOU -- HAVE YOU SINCE DETERMINED WHO THAT WAS?

57 A:

WELL, SINCE IT WAS TOLD TO ME WHO IT WAS, YES.

58 Q:

AND THAT PERSON IS?

59 A:

NICOLE BROWN SIMPSON.

60 Q:

DID YOU ATTEMPT TO PERSUADE HER TO SEEK PROSECUTION FOR THE INCIDENT?

61 A:

NO.

62 Q:

COULD YOU HAVE DONE SO?

63 A:

YES.

64 Q:

DID YOU NOTIFY ANY NEWS MEDIA ABOUT THAT INCIDENT?

65 A:

NO, I DIDN'T.

66 Q:

DID YOU CALL THE NATIONAL ENQUIRER?

67 A:

NO.

68 Q:

COULD YOU HAVE PADDED THE DEFENDANT DOWN AFTER THAT INCIDENT?

69 A:

I BELIEVE, CONSIDERING THE CALL, YES, I COULD HAVE.

70 Q:

DID YOU?

71 A:

NO.

72 Q:

COULD YOU HAVE ASKED FOR HIS IDENTIFICATION AS A RESULT OF THAT INCIDENT AT THAT TIME?

73 A:

ABSOLUTELY.

74 Q:

DID YOU?

75 A:

NO.

76 MR. BAILEY:

YOUR HONOR, I'M NOT HEARING THE WITNESS. COULD WE ASK HIM TO GET A LITTLE CLOSER TO THE MIKE?

77 THE COURT:

SURE. DETECTIVE?

78 DET. MARK FUHRMAN:

I AM SORRY.

79 THE COURT:

PULL IT UP JUST A LITTLE. THANK YOU. MISS CLARK.

80 Q:

BY MS. CLARK: COULD YOU HAVE CALLED YOUR SUPERVISOR TO COME AND FURTHER INVESTIGATE THE INCIDENT?

81 A:

YES.

82 Q:

DID YOU?

83 A:

NO, I DIDN'T.

84 THE COURT:

MR. BAILEY, CAN YOU HEAR?

85 MR. BAILEY:

YES, YOUR HONOR, THANK YOU.

86 Q:

BY MS. CLARK: COULD YOU HAVE INTERVIEWED MR. SIMPSON CONCERNING THESE INCIDENT -- THAT INCIDENT?

87 A:

YES.

88 Q:

AND DID YOU?

89 A:

NO.

90 Q:

COULD YOU HAVE INTERVIEWED NICOLE BROWN CONCERNING THE INCIDENT?

91 A:

YES.

92 Q:

DID YOU?

93 A:

NO.

94 Q:

COULD YOU HAVE INSISTED ON SOME FURTHER FOLLOW-UP OF THAT INCIDENT?

95 A:

I COULD HAVE, YES.

96 Q:

DID YOU?

97 A:

NO.

98 Q:

NOW, DID YOU CONTINUE TO WORK AT WEST L.A. AFTER THAT INCIDENT, SIR?

99 A:

YES, I DID.

100 Q:

AND DID YOU HAVE ANY ADDITIONAL CONTACT WITH THE DEFENDANT AFTER 1985?

101 A:

NO.

102 Q:

NOW, YOU MENTIONED THAT YOU DID NOT WRITE ANYTHING DOWN TO DESCRIBE THE INCIDENT IN ANY KIND OF REPORT BACK IN 1985. AT SOME POINT IN TIME THOUGH, DID -- WERE YOU -- DID YOU WRITE SOMETHING CONCERNING THAT INCIDENT?

103 A:

YES, I DID.

104 Q:

AND WHAT WAS IT THAT YOU WROTE?

105 A:

I WROTE A LETTER TO -- IT WAS ADDRESSED TO WHOM IT MAY CONCERN, BUT IT WAS ADDRESSED TO THE CITY ATTORNEY'S OFFICE. I'M SORRY. IT WASN'T ADDRESSED TO. IT WAS REQUESTED BY THE CITY ATTORNEY'S OFFICE.

106 Q:

OKAY. NOW, CAN YOU DESCRIBE FOR US WHAT THAT IS, WHAT THAT WAS? WAS IT A LETTER? WAS IT A REPORT?

107 A:

I BELIEVE IT WOULD BE CHARACTERIZED AS A MEMO.

108 Q:

AND WHAT DID THAT MEMO CONTAIN? WHAT KIND OF INFORMATION DID IT HAVE?

109 A:

IT JUST DESCRIBED THE INCIDENT AS I REMEMBERED IT THAT OCCURRED IN 1985.

110 Q:

AND WHY DID YOU WRITE THAT MEMO, SIR?

111 A:

IT WAS REQUESTED BY A DETECTIVE THAT WAS HANDLING A CURRENT CASE IN 1989 INVOLVING MR. AND MRS. SIMPSON.

112 MS. CLARK:

NEXT EXHIBIT, YOUR HONOR, IS A MEMO DATED JANUARY 18TH, 1989. ASK THAT IT BE PEOPLE'S --

113 THE COURT:

103.

114 MS. CLARK:

103. THANK YOU.

115 (PEO'S 103 FOR ID = MEMO)
116 Q:

BY MS. CLARK: WAS IT YOUR IDEA TO WRITE THIS LETTER, SIR?

117 A:

NO.

118 Q:

YOU WROTE IT IN RESPONSE TO THE REQUEST OF THE CITY ATTORNEY?

119 A:

YES, VIA THE DETECTIVE HANDLING THE CASE.

120 Q:

OKAY. WHAT WAS YOUR POSITION AT THE TIME YOU WROTE THIS MEMO, SIR?

121 A:

I WAS A DETECTIVE TRAINEE.

122 Q:

STILL A POLICE OFFICER, RIGHT?

123 A:

YES.

124 Q:

OKAY. LOOK ON THE SCREEN, IF YOU WILL, SIR.

125 MS. CLARK:

CAN YOU SHOW THE DATE, JONATHAN? CAN YOU MOVE IT UP AND KIND OF ENLARGE IT? THAT'S PRETTY SMALL.

126 THE COURT:

I'M GETTING SEASICK HERE.

127 MS. CLARK:

I DON'T KNOW ABOUT ANYBODY ELSE, BUT I CAN'T READ THAT. CAN YOU MAKE THAT A LITTLE BIGGER, JONATHAN? IT'S OKAY IF WE ONLY SEE HALF AT A TIME. IT'S BETTER THAT WE BE ABLE TO READ IT. ALL RIGHT. CAN EVERYBODY READ THAT?

128 THE COURT:

1492, CAN YOU READ THAT? JUROR NO. 1492: YEAH.

129 THE COURT:

ALL RIGHT. DO WE HAVE AN EXTRA COPY OF THIS?

130 MS. CLARK:

CERTAINLY.

131 THE COURT:

MISS LEWIS, WOULD YOU GIVE THAT TO MRS. ROBERTSON FOR MISS HAYSLETT? MRS. ROBERTSON, MAKE A COPY FOR MISS HAYSLETT. MISS CLARK. MRS. ROBERTSON. THANK YOU, MR. DARDEN.

132 Q:

BY MS. CLARK: ALL RIGHT. I AM GOING TO DIRECT YOUR ATTENTION, SIR, FIRST OF ALL TO THAT FIRST PARAGRAPH. DO YOU RECALL WRITING THAT?

133 A:

YES, I DO.

134 Q:

AND DOES THAT DESCRIBE THE EVENTS THAT YOU'VE JUST DESCRIBED FOR THE JURY AS YOU REMEMBER THEM WHEN YOU WROTE THE MEMO?

135 A:

YES.

136 Q:

IS THAT AN ACCURATE DEPICTION OF THE EVENTS?

137 A:

YES.

138 Q:

NOW, YOU WROTE AT THE BOTTOM OF THIS -- OH, EXCUSE ME. YOU HAVE HERE AT THE VERY TOP LINE, SIR, A 415, FAMILY DISPUTE. CAN YOU TELL US WHAT 415 MEANS?

139 A:

IT'S A DISTURBANCE.

140 Q:

AND THAT'S A PENAL CODE SECTION, IS IT?

141 A:

YES.

142 Q:

AND WHAT DID YOU DO WITH THIS MEMO AFTER YOU WROTE IT, SIR?

143 A:

AT THE TIME IT WAS REQUESTED, I TYPED IT AND HANDED IT DIRECTLY TO THE DETECTIVE.

144 Q:

OKAY. NOW, YOU PUT DOWN AT THE BOTTOM HERE, "IT SEEMS ODD TO REMEMBER SUCH AN EVENT, BUT IT'S NOT EVERY DAY THAT YOU RESPOND TO A CELEBRITY'S HOME FOR A FAMILY DISPUTE. FOR THIS REASON, THIS INCIDENT WAS INDELIBLY IMPRESSED IN MY MEMORY."

145 MR. BAILEY:

I BELIEVE IT WAS "PRESSED."

146 MS. CLARK:

"PRESSED"?

147 THE COURT:

"PRESSED."

148 Q:

BY MS. CLARK: "INDELIBLY PRESSED IN MY MEMORY." CAN YOU TELL US WHAT YOU MEANT BY THAT, THAT IT WAS INDELIBLY PRESSED IN YOUR MEMORY?

149 A:

WELL, I HAD NEVER BEEN TO A CELEBRITY'S HOME BEFORE ON A FAMILY DISPUTE. MR. SIMPSON WAS A VERY FAMOUS MAN, AND ONCE I WALKED IN, I RECOGNIZED HIM. AND THOSE TWO THINGS WOULD MAKE IT A MEMORABLE INCIDENT.

150 Q:

UH-HUH. ARE YOU A FOOTBALL FAN, SIR?

151 A:

NOT AS MUCH AS A BASKETBALL FAN, BUT YES, I AM.

152 Q:

OKAY. AND WHEN YOU WALKED ONTO THE PROPERTY OF 360 NORTH ROCKINGHAM, DID YOU IMMEDIATELY RECOGNIZE HIM?

153 A:

ONCE I GOT INTO THE DRIVEWAY, YES.

154 Q:

AND WAS THAT EVENT INDELIBLY PRESSED IN YOUR MEMORY?

155 A:

MORE SO WHEN I WROTE THIS THAN PREVIOUS TO JUNE 12TH, BUT YES, IT WAS THEN.

156 Q:

ALL RIGHT. NOW, IS WEST LOS ANGELES DETECTIVES YOUR CURRENT ASSIGNMENT, SIR?

157 A:

YES, IT IS.

158 Q:

AND YOU WERE SO ASSIGNED I BELIEVE YOU TOLD US ON JUNE THE 12TH AND 13TH OF 1994?

159 A:

YES.

160 Q:

ON THE EVENING OF JUNE THE 12TH, 1994 AT APPROXIMATELY 8:00 P.M., WHERE WERE YOU?

161 A:

AT APPROXIMATELY 8:00 P.M., I WAS IN -- EAST OF PALM DESERT IN LA QUINTA RESORT AT A PROTECTIVE LEAGUE SEMINAR.

162 Q:

WAS THAT A POLICE OFFICERS' FUNCTION, SIR?

163 A:

YES. I'M A DELEGATE IN THE PROTECTIVE LEAGUE OR WAS AT THAT TIME.

164 Q:

OKAY. AND WHAT TIME DID YOU LEAVE?

165 A:

I BELIEVE I LEFT SOMEWHERE AROUND 8:00 O'CLOCK JUST AS THE BARBECUE WAS STARTING.

166 Q:

AND YOU LEFT -- WHEN YOU LEFT, YOU DROVE WHERE?

167 A:

I DROVE TO MY HOME.

168 Q:

REMEMBER WHAT TIME YOU GOT HOME, SIR?

169 A:

ABOUT -- ABOUT 10:30.

170 Q:

AND WAS THERE ANYONE HOME WHEN YOU GOT THERE?

171 A:

MY WIFE.

172 Q:

WHAT TIME DID YOU GO TO BED?

173 A:

I BELIEVE ABOUT 11:00, MAYBE A LITTLE LATER.

174 Q:

DID YOU RECEIVE A CALL AT SOME POINT THAT NIGHT --

175 A:

YES, I DID.

176 Q:

-- AFTER YOU WENT TO BED?

177 A:

EXCUSE ME. YES, I DID.

178 Q:

AND WHAT TIME DID YOU GET THAT CALL?

179 A:

AT 1:05 IN THE MORNING.

180 Q:

DID IT WAKE YOU UP?

181 A:

YES.

182 Q:

AND WHAT WERE YOU TOLD IN THAT CALL?

183 A:

I WAS TOLD BY MY SUPERVISOR, THE HOMICIDE COORDINATOR, DETECTIVE RON PHILLIPS, THAT WE HAD A DOUBLE HOMICIDE AND IT WAS AT 875 SOUTH BUNDY AND THAT I WOULD MEET HIM AT THE STATION AND WE WOULD GET A VEHICLE WITH A HOMICIDE KIT AND GO OUT TO THE SCENE FROM THERE.

184 Q:

WERE YOU TOLD ANYTHING ABOUT THE IDENTITY OF EITHER VICTIM?

185 A:

YES. DETECTIVE PHILLIPS SAID THAT THE FEMALE VICTIM MIGHT BE THE EX-WIFE OF O.J. SIMPSON.

186 Q:

AND WHERE DID THE CALLER TELL YOU TO GO?

187 A:

875 SOUTH BUNDY.

188 Q:

SO WHERE DID YOU GO? WAIT. LET ME -- WHEN YOU LEFT YOUR HOME, WHERE DID YOU GO?

189 A:

TO THE POLICE STATION AT 1663 SOUTH BUTLER, WEST LOS ANGELES STATION.

190 Q:

AND DID YOU MEET SOMEONE THERE?

191 A:

YES.

192 Q:

WHO?

193 A:

DETECTIVE RON PHILLIPS.

194 Q:

AND WHAT TIME DID YOU MEET HIM?

195 A:

SHORTLY BEFORE 2:00 O'CLOCK, MAYBE 1:50.

196 Q:

DID YOU LEAVE IMMEDIATELY THEN?

197 A:

WELL, WE COLLECTED -- NOT IMMEDIATELY. WE COLLECTED BRIEFCASES, FLASHLIGHTS, ANYTHING WE THOUGHT WE NIGHT NEED AT THE SCENE, PUT IT INTO A VEHICLE AND LEFT FROM THAT -- FROM THE STATION PARKING LOT.

198 Q:

SO DID YOU DRIVE IN YOUR OWN CAR OR DID YOU GO WITH SOMEONE ELSE?

199 A:

WELL, WE DROVE IN OUR OWN VEHICLES TO THE STATION AND THEN PUT EVERYTHING INTO A POLICE VEHICLE AND LEFT FROM THE STATION TO GO TO THE SCENE.

200 Q:

SO YOU AND RON PHILLIPS WENT FROM THE STATION TO THE SCENE TOGETHER?

201 A:

YES. HE WAS DRIVING, I WAS PASSENGER.

202 Q:

AND DID YOU DRIVE TO 875 SOUTH BUNDY?

203 A:

YES.

204 Q:

WHAT TIME DID YOU GET THERE?

205 A:

0210 HOURS IS WHEN WE SIGNED IN TO THE OFFICER THAT WAS RUNNING THE LOG.

206 Q:

OKAY. 2:10 A.M.?

207 A:

YES.

208 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 51.

209 Q:

BY MS. CLARK: ALL RIGHT, SIR. DO YOU RECOGNIZE THE SCENE THAT'S BEING SHOWN TO YOU HERE?

210 A:

I BELIEVE I DO.

211 Q:

AND WHAT IS IT?

212 A:

I BELIEVE IT'S THE INTERSECTION OF DOROTHY AND BUNDY. I BELIEVE WE'RE LOOKING AT IT FROM THE SOUTHEAST CORNER ACROSS TO THE NORTHWEST CORNER.

213 Q:

IS THERE -- CAN YOU SEE ANY CRIME SCENE TAPE IN THIS PHOTOGRAPH, SIR?

214 A:

YES.

215 Q:

AND WHERE IS IT?

216 A:

IT APPEARS TO BE IN FRONT OF THE BROWN DETECTIVE VEHICLE IN FRONT OF THE TWO MEN STANDING TALKING.

217 Q:

UH-HUH.

218 A:

LEADING ACROSS THE STREET.

219 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 79.

220 Q:

BY MS. CLARK: AND CAN YOU TELL US IF YOU RECOGNIZE WHAT'S DEPICTED HERE?

221 A:

YES. THIS LOOKS LIKE THE FRONT OF 875 SOUTH BUNDY.

222 Q:

SO YOU SEE CRIME SCENE TAPE IN THIS PHOTOGRAPH AS WELL, SIR?

223 A:

YES.

224 Q:

AND IS THAT THE -- CAN YOU TELL US WHERE IN THE PHOTOGRAPH IT IS?

225 A:

IT'S RUNNING WITH THE STREET LINE ON THE OUTBOARD OR THE EAST SIDE OF THE PARKWAY.

226 Q:

THAT YELLOW STRIP THAT YOU SEE IN FRONT?

227 A:

YES.

228 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
229 MS. CLARK:

THANKS, JONATHAN.

230 Q:

BY MS. CLARK: CAN YOU TELL US, SIR, IF YOU NOTED WHAT THE AMBIENT TEMPERATURE WAS WHEN YOU ARRIVED THAT NIGHT?

231 A:

I APPROXIMATED IT AT ABOUT 60 DEGREES.

232 Q:

AND WHEN YOU GOT THERE, YOU'VE ALREADY INDICATE IN THE PHOTOGRAPHS THERE WERE POLICE CARS THERE. HOW MANY, IF YOU RECALL?

233 A:

I BELIEVE I SAW AT LEAST TWO BLACK AND WHITE'S WHEN I DROVE UP AND I BELIEVE WE WERE THE FIRST PLAIN OR DETECTIVE VEHICLE.

234 Q:

UH-HUH.

235 A:

I'M NOT SURE IF I WENT -- SAW ONE DOWN THE ALLEY ON DOROTHY TO THE WEST OF THE LOCATION, BUT AT LEAST TWO -- TWO BLACK AND WHITE'S IN FRONT.

236 Q:

WERE THEY IN FRONT OF THE LOCATION, SIR?

237 A:

IN FRONT OF 875 BUNDY?

238 Q:

UH-HUH.

239 A:

NO. THAT STREET WAS BLOCKED OFF.

240 Q:

OKAY. NOW, YOU CHECKED IN WITH A PERSON WHO WAS KEEPING A LOG. IS THAT WHAT YOU SAID?

241 A:

YES.

242 MS. CLARK:

I THINK WE ALREADY HAVE THAT LOG IN EVIDENCE, DON'T WE? IT HAS ALREADY BEEN MARKED, HASN'T IT, DEFENSE EXHIBIT? DEFENSE GOT TO IT FIRST.

243 MR. FAIRTLOUGH:

1006.

244 THE COURT:

MISS ROBERTSON, 1006.

245 Q:

BY MS. CLARK: SHOW YOU WHAT'S BEEN MARKED AS DEFENDANT'S 1006. TELL US IF YOU CAN POINT OUT YOUR NAME, SIR, AND YOUR TIME OF ARRIVAL.

246 A:

IT'S THE 10TH ENTRY ON THE LOG, 010 -- 0210 HOURS. OUR DESIGNATION WAS 8W110 AND PHILLIPS AND MYSELF ARE SIGNED IN ON THAT LOG.

247 Q:

AS INVESTIGATORS?

248 A:

YES.

249 Q:

WHAT'S THAT 8W110? WHAT'S THAT?

250 A:

THAT'S RON PHILLIPS' CALL SIGN.

251 Q:

IS THAT WHAT YOU USE WHEN YOU GET ON THE RADIO TO IDENTIFY YOURSELF?

252 A:

YES. YES.

253 Q:

NOW, WHEN YOU GOT THERE, SIR, WAS THERE ANY MEDIA THERE?

254 A:

NO.

255 Q:

WERE THERE ANY PEOPLE ON THE STREET?

256 A:

NOT THAT I SAW. I JUST SAW POLICEMEN.

257 Q:

ANY NEIGHBORS? DID YOU SEE ANY NEIGHBORS AROUND?

258 A:

I DIDN'T NOTICE ANY. I KNOW THERE WAS -- THERE WERE NONE ON THE WEST SIDE OF BUNDY AROUND THE FRONT OF THE LOCATION, BUT I WASN'T SURE ON THE EAST SIDE.

259 Q:

WERE THERE ANY SUPERVISORS PRESENT WHEN YOU GOT THERE?

260 A:

YES.

261 Q:

WHO WAS THERE?

262 A:

SERGEANT ROSSI AND I BELIEVE SERGEANT COON, BUT I'M NOT SURE IF HE WAS THERE AT THAT TIME FOR ME TO SEE OR IT WAS A LITTLE LATER, MAYBE A HALF HOUR LATER.

263 Q:

CAN YOU LOOK AT THE LOG TO REFRESH YOUR MEMORY AS TO WHEN SERGEANT COON GOT THERE?

264 A:

YES. IT SHOWS SERGEANT COON ON THE THIRD LINE ARRIVING AT 0030 HOURS, WHICH WOULD BE 12:30 A.M.

265 Q:

SO DOES THAT REFRESH YOUR MEMORY THAT HE WAS THERE BEFORE YOU?

266 A:

YES.

267 Q:

AS WELL AS SERGEANT ROSSI?

268 A:

I'M HAVING A TOUGH TIME READING THE LINE ABOVE, LINE 9.

269 Q:

RIGHT. IS THAT WHERE IT SAYS "SUPERVISOR" THERE?

270 A:

IT SAYS "SUPERVISOR," YES.

271 Q:

IS ROSSI IN FACT A SUPERVISOR, SIR?

272 A:

YES, HE IS. HE'S A WATCH COMMANDER.

273 Q:

YOU THINK THIS ENTRY HERE (INDICATING) ON LINE 9, THE 9TH BOX DOWN WAS HIM?

274 A:

IT APPEARS IT'S AN "RO". YES, IT APPEARS IT WAS.

275 Q:

IN ANY EVENT, YOU RECALL SEEING HIM THERE WHEN YOU ARRIVED?

276 A:

YES, I DID.

277 Q:

OKAY. DO YOU RECALL ANY STAFF OFFICERS OR COMMAND LEVEL OFFICERS THERE WHEN YOU GOT THERE?

278 A:

NOT AT THAT TIME.

279 Q:

NOW, WHAT WAS THE CONDITION OF THE CRIME SCENE WHEN YOU FOUND IT, WHEN YOU GOT THERE AT 2:10?

280 A:

WELL, THE STREETS HAD BEEN BLOCKED OFF WITH CRIME TAPE AND POLICE VEHICLES. WE WERE ADVISED THAT CERTAIN STREETS AND ALLEYWAYS HAD BEEN BLOCKED OFF. THE FRONT OF THE RESIDENCE HAD BEEN TAPED OFF AND SECURED ALL THE WAY TO DOROTHY AND TO THE NEXT STREET TO THE NORTH. THE NORTH-SOUTH ALLEYWAY DIRECTLY BEHIND THE RESIDENCE HAD BEEN BLOCKED OFF WITH POLICEMEN AT BOTH LOCATIONS TO MAKE SURE NOBODY ENTERED THE CRIME SCENE FROM EITHER DIRECTION.

281 Q:

OKAY. SO WAS THERE ANYONE MOVING AROUND INSIDE THE CRIME SCENE TAPE WHEN YOU GOT THERE?

282 A:

NO.

283 Q:

WHO WAS THE -- DID YOU MAKE CONTACT WITH THE FIRST OFFICER THAT FOUND THE BODIES?

284 A:

YES. BOTH DETECTIVE PHILLIPS AND I DID.

285 Q:

AND WHO WAS THAT?

286 A:

OFFICER RISKE.

287 Q:

AND DID YOU MAKE CONTACT WITH SERGEANT ROSSI AS WELL?

288 A:

YES. I BELIEVE SERGEANT ROSSI WAS CONTACTED FIRST. RISKE CAME UP WHILE WE WERE SPEAKING TO HIM.

289 Q:

NOW, OFFICER RISKE, DID YOU KNOW HIM PRIOR TO THE NIGHT OF JUNE THE 12TH, 1994?

290 A:

NO. I ONLY KNEW HIM AS RISKE.

291 Q:

OKAY. DO YOU SOCIALIZE WITH OFFICER RISKE ANY?

292 A:

NO. I DIDN'T KNOW HIS FIRST NAME UNTIL I SAW IT ON THE NEWS.

293 Q:

OKAY. NOW, HE WAS A PATROL COP; IS THAT RIGHT?

294 A:

YES.

295 Q:

DID YOU EXPECT TO SEE PATROL OFFICERS AT THAT LOCATION WHEN YOU ARRIVED, SIR?

296 A:

YES.

297 Q:

AND WHY IS THAT?

298 A:

WELL, ALMOST -- ALMOST ALWAYS, A PATROL OFFICER IS THE FIRST OFFICER TO RESPOND TO A HOMICIDE SCENE. USUALLY IT'S FROM A RADIO CALL AND THEY'RE THE FIRST ONES THERE.

299 Q:

WHAT ARE PATROL OFFICERS' DUTIES AT A CRIME SCENE?

300 A:

THE FIRST AND FOREMOST FUNCTION WOULD BE TO MAKE SURE THAT THE POSSIBLE VICTIMS ARE IN FACT VICTIMS AND HAVE EXPIRED SO TO MAKE SURE THAT THERE'S NO CHANCE OF RESUSCITATION OR SAVING THE PEOPLE THAT ARE OR PERSON THAT IS SUPPOSED TO BE DEAD. THE SECOND WOULD BE TO MAKE SURE THAT THE SUSPECT EITHER HAS BEEN FOUND, LOCATED AND ARRESTED OR HE IS NOT AT THE SCENE AND MAKE SURE THAT THE SCENE IS SECURE FROM SUSPECTS AND THEN THE THIRD WOULD BE, AFTER THOSE TWO FUNCTIONS, IS PROTECT THE CRIME SCENE AND ANY EVIDENCE FOR THE DETECTIVES IN THEIR INVESTIGATION.

301 Q:

HOW MANY HOMICIDE SCENES HAVE YOU APPEARED AT? NOT HANDLED, BUT APPEARED AT.

302 A:

WELL, I'D PROBABLY SAY IT WOULD -- CONSERVATIVELY, A HUNDRED FIFTY TO 200, AND GENEROUSLY, PROBABLY MORE THAN 250 TO 300.

303 Q:

OKAY. AND WHEN I SAY APPEARED AT, CAN YOU TELL US WHAT KIND OF FUNCTIONS YOU PERFORMED IN THOSE CASES, HOMICIDE SCENES YOU'VE APPEARED AT?

304 A:

WELL, FROM EARLY IN MY CAREER, TO RESPONDING JUST AS OFFICER RISKE DID TO A RADIO CALL TO ASSISTING AND BEING PART OF HOMICIDE INVESTIGATIONS TO BEING A PRIMARY INVOLVED INVESTIGATING THE HOMICIDE.

305 Q:

SO HAVE YOU EVER BEEN A FIRST OFFICER AT A HOMICIDE SCENE YOURSELF?

306 A:

YES.

307 Q:

HAVE YOU EVER GUARDED THE PERIMETER; THAT IS, GUARDED THE CRIME SCENE TAPE AT A HOMICIDE SCENE?

308 A:

YES, I HAVE.

309 Q:

HAVE YOU EVER HELPED TO SEARCH THE AREA AROUND THE CRIME SCENE FOR EVIDENCE OR SUSPECTS?

310 A:

YES.

311 Q:

HAVE YOU EVER DOOR KNOCKED IN THE NEIGHBORHOODS AROUND THE CRIME SCENE AREA TO LOOK FOR WITNESSES?

312 A:

YES, I HAVE.

313 Q:

AND HAVE YOU EVER RESPONDED TO A CRIME SCENE IN YOUR CAPACITY AS A DETECTIVE?

314 A:

YES, I HAVE.

315 Q:

ON HOW MANY OCCASIONS HAVE YOU RESPONDED AS A DETECTIVE TO A HOMICIDE SCENE?

316 A:

I'VE BEEN A PRIMARY ON FIVE. I RESPONDED PROBABLY TO 10, MAYBE 15, SOME WHEN I WAS WORKING ROBBERY.

317 Q:

OKAY. NOW THEN, IN YOUR EXPERIENCE, SIR, WHO DO YOU EXPECT TO ARRIVE AT A HOMICIDE SCENE BEFORE THE INVESTIGATING OFFICER OR HANDLING DETECTIVES DO?

318 A:

I WOULD EXPECT TO SEE THE PATROL OFFICERS THAT INITIALLY GOT THE CALL.

319 Q:

UH-HUH.

320 A:

WHAT OFFICERS THEY FELT THAT WAS NECESSARY TO SEAL OFF THE SCENE PROPERLY. I WOULD ALSO EXPECT TO SEE A SUPERVISOR IF NOT THE WATCH COMMANDER. I MIGHT EXPECT TO SEE A COMMAND STAFF OFFICER OR THE COMMANDING OFFICER OF THE DIVISION, EITHER BE IT DETECTIVES OR PATROL.

321 Q:

AND IN THIS PARTICULAR CASE, SIR, WHEN YOU RESPONDED TO 875 SOUTH BUNDY, IN WHAT CAPACITY WERE YOU RESPONDING TO THAT SCENE?

322 A:

I WAS A DETECTIVE THAT WAS TO INVESTIGATE THE HOMICIDE.

323 Q:

THE -- YOU WERE TO BE THE INVESTIGATING OFFICER?

324 A:

YES.

325 Q:

THEN WHAT DID YOU EXPECT TO HAVE TRANSPIRED BY THE TIME YOU ARRIVED AT THE SCENE?

326 A:

I EXPECTED THE SCENE TO BE SECURED, DEATH TO BE PRONOUNCED TO THE VICTIMS, THE OFFICER TO SECURE THE LOCATION, PROTECT THE EVIDENCE, TO MAKE MENTAL NOTES OF WHERE CERTAIN THINGS WERE AND TO HELP ASSIST ME IN FINDING A PATH INTO THE -- A SCENE -- EXCUSE ME -- INTO THE SCENE.

327 Q:

OKAY. WHEN YOU SAY "HELP ASSIST ME IN FINDING A PATH INTO THE SCENE," WHAT DID YOU MEAN?

328 A:

THE EASIEST ROUTE TO DISTURB THE LEAST AMOUNT OF EVIDENCE SO THE SCENE CAN BE INVESTIGATED.

329 Q:

THEN I TAKE IT, WAS IT YOUR EXPECTATION, SIR, THAT SOMEONE, AT LEAST ONE OFFICER WOULD ALREADY HAVE BEEN THROUGH THE CRIME SCENE AND EXAMINED THE EVIDENCE AS IT LAY -- THE BODIES AS THEY LAY AND LOOKED AROUND IN GENERAL?

330 A:

YES. THEY WOULD HAVE TO DO THAT TO FIND OUT THEIR CONDITION.

331 Q:

UH-HUH. WAS IT -- DID YOU EXPECT -- DID YOU HAVE ANY EXPECTATION AS TO WHETHER OR NOT THE IMMEDIATE CRIME SCENE AREA WOULD HAVE BEEN LOOKED THROUGH FOR SUSPECTS?

332 A:

IT WOULD HAVE TO BE.

333 Q:

AND DID YOU HAVE ANY EXPECTATION AS TO WHETHER OR NOT THE AREA, THE IMMEDIATE CRIME SCENE AREA WOULD HAVE BEEN LOOKED THROUGH FOR WEAPONS?

334 A:

I WOULD THINK THAT IT WOULD HAVE BEEN, YES.

335 Q:

AND THEN OF COURSE, FOR -- WAS IT ALSO YOUR EXPECTATION THAT SOMEONE WOULD HAVE ALREADY -- AT LEAST ONE OFFICER, IF NOT SEVERAL, WOULD HAVE BEEN THROUGH THE CRIME SCENE TO LOOK AND SEE WHERE THE EVIDENCE WAS AND WHAT IT WAS?

336 A:

YES.

337 Q:

NOW, KNOWING THE POSSIBLE IDENTITY OF THE -- ONE OF THE VICTIMS, SIR, DID YOU HAVE ANY EXPECTATION AS TO WHETHER OR NOT THERE WOULD BE ANY HIGH-RANKING POLICE OFFICERS ALREADY AT THE SCENE OR COMING TO THE SCENE?

338 A:

I WOULD ASSUME THAT THERE WOULD BE A CAPTAIN THAT PROBABLY ARRIVED AT LEAST. OF COURSE, THAT HAPPENS WITH QUITE A FEW HOMICIDES. BUT I EXPECTED TO SEE SOME COMMAND OFFICERS, YES.

339 Q:

AND WAS THAT -- WHY WOULD YOU EXPECT THAT BASED ON THE IDENTITY, POSSIBLE IDENTITY OF ONE OF THE VICTIMS?

340 A:

I DON'T THINK IT WOULD BE JUST THAT. I THINK A DOUBLE HOMICIDE WOULD PROBABLY -- I WOULD ABSOLUTELY BE FOR SURE THAT THE DETECTIVES' CO, COMMANDING OFFICER, WOULD ARRIVE, MAYBE THE AREA CO, CAPTAIN.

341 Q:

WHAT'S AREA CO? I AM SORRY.

342 A:

THE AREA COMMANDING OFFICER. IN OTHER WORDS, THE WEST L.A. COMMANDING OFFICER. MAYBE THE OFFICER OF THE DAY, WHICH COULD BE A CAPTAIN OR COMMANDER AND QUITE POSSIBLY MAYBE EVEN A DEPUTY CHIEF.

343 Q:

OKAY. SO IS A DOUBLE HOMICIDE UNUSUAL IN YOUR NECK OF THE WOODS IN WEST L.A.?

344 A:

I WOULD SAY SO, YES.

345 Q:

OKAY. SO BASED ON THAT ALONE, YOU EXPECTED TO SEE ALL THAT BRASS THERE?

346 A:

WELL, THAT AND THEN COUPLED WITH THE POSSIBLE IDENTITY OF ONE OF THE VICTIMS, I WOULD GUESS THAT IT WOULD BE HAPPENING, YES.

347 Q:

UMM, OKAY. ALL RIGHT. WHEN YOU MET WITH OFFICER RISKE, WHAT DID YOU DO?

348 A:

OFFICER RISKE EXPLAINED WHAT HE HAD FOUND, HOW HE ARRIVED AT THE SCENE. IT WAS A VERY GENERAL DESCRIPTION AT THAT POINT. HE GAVE AN INDICATION THAT HE RECEIVED A CALL OF A BURGLAR, A POSSIBLE BURGLAR THERE NOW OR SOMETHING TO THAT EFFECT ACROSS THE STREET, AND THEN HE WENT ON TO SAY HOW HE DISCOVERED THE FRONT OF THE LOCATION AND THE BODIES.

349 Q:

OKAY. AND DID HE DESCRIBE TO YOU WHAT HE FOUND IN THE CRIME SCENE, SIR?

350 A:

YES. HE DESCRIBED IT AS HE SHOWED ME.

351 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S EXHIBIT 42. WOULD YOU PLEASE CUT THE FEED?

352 THE COURT:

YES.

353 Q:

BY MS. CLARK: DO YOU RECOGNIZE THE SCENE DEPICTED HERE, SIR?

354 A:

YES, I DO.

355 Q:

AND WHAT IS THIS SCENE?

356 A:

THIS IS THE FRONT OF 875 SOUTH BUNDY LOOKING DUE WEST FROM THE -- PROBABLY THE PARKWAY INTO THE WALKWAY OF THE RESIDENCE. THE FRONT GATE IS OPEN.

357 Q:

CAN YOU DESCRIBE FOR US THE ROUTE THAT YOU TOOK AND WHEN YOU SAY THAT YOU -- THAT OFFICER RISKE TOOK YOU UP AND SHOWED YOU? GUIDE THE POINTER, IF YOU WILL.

358 A:

THE POINTER WOULD -- WOULD HAVE TO START OFF SCREEN TO THE LEFT GOING AT AN ANGLE FARTHER UP.

359 Q:

FARTHER UP?

360 A:

NOW GOING DIRECTLY PROBABLY ABOUT A 45-DEGREE ANGLE. THAT WOULD BE FAIRLY ACCURATE.

361 Q:

OKAY. AND TELL US WHERE YOU STOPPED.

362 A:

WELL, WE STOPPED AT THE LOCATION WHERE THE GATE POST IS ALMOST -- YOU COULD SEE THE ENTRYWAY.

363 Q:

UH-HUH.

364 A:

JUST TO THE LEFT OF THAT, THERE'S A POST. LITTLE FARTHER. RIGHT THERE. (INDICATING).

365 Q:

AND COULD WE PUT AN "X" WHERE YOU WERE STANDING? WOULD THAT BE AT THE END OF THE LINE, SIR?

366 A:

YES. OFFICER RISKE WOULD BE IN THE FRONT, DETECTIVE PHILLIPS BEHIND HIM AND MYSELF IN THE BACK.

367 Q:

SO YOU WOULD HAVE BEEN -- GUIDE THE ARROW, PLEASE.

368 A:

I THINK THAT WOULD BE ABOUT AS ACCURATE AS WE COULD BE RIGHT THERE (INDICATING).

369 Q:

WHERE IS THAT? THERE (INDICATING)?

370 A:

NO. NO.

371 Q:

NO?

372 A:

LET'S GO RIGHT TO THE RIGHT ARROW TO THE RIGHT. LITTLE MORE. PROBABLY IN THAT AREA THERE (INDICATING).

373 Q:

OKAY. ALL RIGHT. AND OFFICER RISKE WOULD HAVE BEEN, AS WE FACE THAT PHOTOGRAPH, TO THE RIGHT OF THE ARROW?

374 A:

YES. RIGHT AND AT AN ANGLE THAT GOES TOWARDS THAT -- THE POST OR THE GATE FENCE.

375 Q:

OKAY. AND WAS -- AND YOU SAID WHO WAS BEHIND HIM?

376 A:

THAT WOULD BE DETECTIVE PHILLIPS.

377 Q:

OKAY. SO YOU WERE THE LAST ONE?

378 A:

YES.

379 Q:

AND DID YOU HAVE A FLASHLIGHT WITH YOU THAT NIGHT, SIR?

380 A:

YES.

381 Q:

WHAT KIND OF FLASHLIGHT WAS THAT?

382 A:

I HAD A SMALL FLASHLIGHT THAT I HELD ON MY BELT.

383 Q:

OKAY. SIZE OF A PEN?

384 A:

YES. I BELIEVE TWO DOUBLE A BATTERIES AND ADJUSTABLE HEAD SO YOU COULD MAKE IT A WIDE BEAM OR A VERY NARROW BEAM.

385 Q:

AND DID DETECTIVE PHILLIPS HAVE A FLASHLIGHT WITH HIM?

386 A:

YES. HE HAD A LARGER FLASHLIGHT I BELIEVE. I'M NOT POSITIVE, BUT I KNOW -- EXCUSE ME.

387 Q:

GO AHEAD.

388 A:

OFFICER RISKE HAD A LARGE HIGH-POWER FLASHLIGHT WITH HIM.

389 Q:

THAT WAS MY NEXT QUESTION. AND WERE THEY USING THEM?

390 A:

OFFICER RISKE WAS USING THE FLASHLIGHT.

391 Q:

NOW, WHAT -- IS THERE ANY RULE, SIR, REGARDING CRIME SCENE EXAMINATIONS CONCERNING HOW YOU GET ACCESS TO THEM, WHERE YOU'RE ALLOWED TO GO, HOW MANY PEOPLE, THAT SORT OF THING?

392 A:

WELL, AS FEW AS POSSIBLE. THAT WOULD BE THE FIRST RULE. AND YOU WOULD WANT TO BE ABLE TO TAKE THOSE PEOPLE WITHOUT DESTROYING ANY EVIDENCE.

393 Q:

SO WHEN YOU WERE STANDING UP ON THE -- IN THE -- WAS THAT OUT IN THE SHRUBBERY YOU WERE STANDING THERE?

394 A:

EXCUSE ME?

395 Q:

WERE YOU STANDING ON SHRUBBERY OR GRASS OVER THERE?

396 A:

YES. IT WAS SHRUBBERY, PLANTS.

397 Q:

DID YOU STEP ON THE WALKWAY?

398 A:

NO.

399 Q:

WHERE THE BLOOD IS SHOWN HERE?

400 A:

NO.

401 Q:

DID DETECTIVE PHILLIPS DO THAT?

402 A:

NO.

403 Q:

OFFICER RISKE DO THAT?

404 A:

NO, NOT THAT I SAW.

405 Q:

OKAY. WHAT WERE YOU ABLE TO SEE FROM YOUR VANTAGE POINT WHERE THE ARROW IS SHOWN?

406 A:

WE COULD SEE A FEMALE VICTIM IN A BLACK DRESS LYING AS IS DEPICTED IN THE PHOTO, HEAD TO ALMOST DUE NORTH, FEET ALMOST DUE SOUTH SOMEWHAT FACE DOWN IN A POOL OF BLOOD. IT APPEARED THAT THAT BLOOD WAS FLOWING DOWN THE WALKWAY PREDOMINATELY IN THE CRACKS OF THE TILED WALKWAY.

407 Q:

UH-HUH. THOSE CRACKS -- DO YOU REMEMBER THAT WALKWAY, SIR?

408 A:

YES.

409 Q:

IS THAT GROUTING RECESSED? IS IT DEEPER OR LOWER THAN THE ACTUAL TILE?

410 A:

YES. IT -- I CAN'T RECALL IF IT WAS ACTUAL TILE OR A PRESS THAT THEY PUT INTO THE CONCRETE TO MAKE IT APPEAR THAT WAY, BUT THERE WAS RECESSES BETWEEN THE SQUARES.

411 Q:

UH-HUH. WHERE THE GROUTING WAS?

412 A:

YES.

413 Q:

ALL RIGHT. AND WHAT WERE YOU ABLE TO SEE FROM THAT VANTAGE POINT OTHER THAN THE FEMALE VICTIM?

414 A:

WELL, OFFICER RISKE USED HIS FLASHLIGHT TO POINT OUT SEVERAL ITEMS.

415 Q:

AND WHAT DID HE POINT OUT TO YOU, SIR?

416 A:

HE POINTED OUT THE MALE VICTIM FOR ONE, WHICH WASN'T EASILY SEEN FROM THAT ANGLE.

417 Q:

OKAY. HOLD ON.

418 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
419 MR. FAIRTLOUGH:

FIRST, YOUR HONOR, MAY THE PRINT OF THE IMAGE ON THE SCREEN BE MARKED PEOPLE'S EXHIBIT 42-B?

420 THE COURT:

42-B.

421 (PEO'S 42-B FOR ID = PRINT IMAGE)
422 MR. FAIRTLOUGH:

YOUR HONOR, NEXT PHOTO IS PEOPLE'S EXHIBIT NO. 59. THE FEED WILL HAVE TO REMAIN TO BE CUT.

423 Q:

BY MS. CLARK: ALL RIGHT, SIR. DIRECTING YOUR ATTENTION TO THIS SCENE, DO YOU RECOGNIZE WHAT YOU'RE SEEING HERE?

424 A:

YES.

425 Q:

IS THAT THE CONDITION IN WHICH YOU SAW THE SCENE WHEN YOU RESPONDED ON THE NIGHT OF -- EARLY MORNING HOURS ACTUALLY OF JUNE THE 13TH?

426 A:

IT WASN'T THAT WELL LIT, BUT YES, THAT'S HIS POSITION.

427 Q:

OKAY. SO IT WAS EVEN DARKER THAN IT SEEMS HERE?

428 A:

IT APPEARED TO ME, YES.

429 Q:

WERE YOU ABLE TO -- PLEASE DESCRIBE FOR US THE EVIDENCE THAT YOU WERE ABLE TO SEE AS OFFICER RISKE POINTED IT OUT TO YOU.

430 A:

THE WHITE ENVELOPE.

431 Q:

AS SHOWN IN THIS PHOTOGRAPH?

432 A:

YES. THE MALE VICTIM.

433 Q:

IS THAT THE POSITION IN WHICH YOU SAW HIM?

434 A:

YES. THE BEST OF MY RECOLLECTION, YES. OFFICER RISKE ALSO USED HIS FLASHLIGHT IN THE -- THE BUSH WITH THE LONG LEAVES AT THE FEET OF THE MALE VICTIM. HE POINTED HIS FLASHLIGHT AND SAID THAT THERE WAS A KNIT CAP AND A GLOVE THERE ALSO.

435 Q:

WERE YOU ABLE TO SEE THEM?

436 A:

I WAS ABLE TO SEE SOMETHING. IT WAS PRETTY HARD TO MAKE OUT EXACTLY WHAT THEY WERE FROM THAT ANGLE.

437 Q:

OKAY. SO HE JUST TOLD YOU AT THAT POINT?

438 A:

WELL, I -- YES.

439 Q:

DID YOU MAKE SOME EFFORT TO SEE THE KNIT CAP AND THE GLOVE THAT HE POINTED OUT TO YOU?

440 A:

AT THAT TIME, WE ASKED OFFICER RISKE IF THERE WAS ANOTHER WAY WE COULD COME INTO THIS CRIME SCENE.

441 Q:

AND WHY WAS THAT, SIR?

442 A:

IT WAS -- WE WOULD HAVE TO STEP ONTO THE SIDEWALK WHERE ALL THE BLOOD WAS TO GET INTO THE CRIME SCENE OR TOUCH THE FENCE WHICH WE WERE STANDING NEXT TO TO GET AROUND THAT. WE DIDN'T KNOW WHAT WAS ON THE OTHER SIDE. WE PREFERRED TO GO IN ANOTHER WAY IF WE COULD.

443 Q:

OKAY. SO WERE YOU TRYING TO GET A BETTER LOOK?

444 A:

YES.

445 Q:

WITHOUT DISTURBING ANYTHING?

446 A:

YES.

447 Q:

SO WHAT DID YOU DO?

448 A:

WE RETRACED OUR STEPS BACKWARD. WE HAD A DISCUSSION. OFFICER RISKE, SAID, WELL, WE CAN GO IN THROUGH THE ALLEY THROUGH THE BACK OF THE RESIDENCE. WE WERE PLEASED WITH THAT. SO WE WALKED BACK DOWN BUNDY SOUTH AND WEST ON DOROTHY AND THEN TO THE NORTH-SOUTH ALLEY, WHICH WAS TAPED OFF, AND WE APPROACHED THE REAR OF 875 SOUTH BUNDY.

449 Q:

OKAY. NOW, AS YOU WALKED UP THE GRASSY OR SHRUBBERY AREA WHICH WOULD BE TO THE SOUTH OF THE WALKWAY, THAT'S THE FRONT WALKWAY LEADING FROM THE SIDEWALK UP TO THE FRONT STEPS --

450 A:

YES.

451 Q:

-- DID YOU OBSERVE THAT WALKWAY AND THE BLOOD THAT WAS ON IT?

452 A:

YES.

453 Q:

DID YOU LOOK TO SEE WHETHER THERE WERE ANY -- WHETHER THERE WERE ANY SHOEPRINTS ON THAT BLOOD ON THE FRONT WALKWAY?

454 A:

THE WALKWAY THAT'S LEADING FROM THE FEMALE VICTIM EASTBOUND?

455 Q:

RIGHT.

456 A:

I DID NOT SEE ANY.

457 Q:

OKAY. DID YOU LOOK ON THE SIDEWALK -- YOU SAID YOU WALKED DOWN THE SIDEWALK SOUTH ON BUNDY AND THEN WEST ON DOROTHY?

458 A:

NO. WE WALKED IN THE STREET.

459 Q:

OKAY. DID YOU SEE ANYTHING -- WELL, STRIKE THAT. WHY DID YOU WALK IN THE STREET? WHY NOT ON THE SIDEWALK?

460 A:

THE BLOOD EMPTIED ONTO THE SIDEWALK AND THERE WAS PAW PRINTS, CANINE PRINTS LEADING SOUTH ON THE SIDEWALK IN THE BLOOD.

461 Q:

I AM SORRY?

462 A:

THE PAW PRINTS WERE IN BLOOD.

KEY QUOTE
463 Q:

BLOODY PAW PRINTS?

464 A:

YES.

465 Q:

DID YOU FOLLOW THOSE PAW PRINTS AS YOU WALKED DOWN THE STREET?

466 A:

THEY HEADED SOUTHBOUND AND THEN DISSIPATED.

467 Q:

OKAY.

468 MR. FAIRTLOUGH:

YOUR HONOR, MAY THE NEXT PHOTOGRAPH BE MARKED PEOPLE'S EXHIBIT 104?

469 THE COURT:

PEOPLE'S 104.

470 (PEO'S 104 FOR ID = PHOTO)
471 MS. CLARK:

THANK YOU. NEVER MIND.

472 (PEO'S 104 FOR ID WITHDRAWN)
473 Q:

BY MS. CLARK: YOU SAID THAT YOU SAW BLOODY PAW PRINTS GOING SOUTH ON BUNDY?

474 A:

YES.

475 Q:

OKAY. WHERE DID THEY FADE OUT, IF YOU RECALL?

476 A:

IF I REMEMBER, IT WAS JUST ABOUT AT DOROTHY.

477 Q:

AND THEN YOU INDICATED YOU WENT WHERE?

478 A:

WE WENT WEST ON DOROTHY STREET TO THE OPENING TO THE NORTH-SOUTH ALLEY THAT LED BEHIND 875 SOUTH BUNDY.

479 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 38.

480 Q:

BY MS. CLARK: NOW, WHO WERE YOU WALKING -- I AM SORRY, SIR. YOU INDICATED THAT YOU LEFT THE AREA RIGHT UP NEXT TO THE MAILBOX, WENT DOWN THE SHRUBBERY AND OUT TO THE STREET. AND WHO WAS WITH YOU AT THAT TIME?

481 A:

DETECTIVE PHILLIPS AND OFFICER RISKE WHO WAS LEADING.

482 Q:

WHEN YOU WENT OUT INTO THE STREET AND WALKED SOUTH ON BUNDY AND WEST ON DOROTHY, WHO WAS WITH YOU?

483 A:

OFFICER RISKE IN THE LEAD AND DETECTIVE PHILLIPS AND MYSELF.

484 Q:

AND WHEN YOU GOT TO THIS LOCATION, SIR, THAT'S INDICATED IN PEOPLE'S --

485 MR. FAIRTLOUGH:

THIS IS PEOPLE'S EXHIBIT 38.

486 MS. CLARK:

38. THANKS, JONATHAN.

487 Q:

BY MS. CLARK: WHO WAS WITH YOU?

488 A:

OFFICER RISKE WAS IN THE LEAD -- HE WENT UNDER THE TAPE AND SHOWED US WHERE TO WALK -- DETECTIVE PHILLIPS AND MYSELF.

489 Q:

WAS THERE AN OFFICER GUARDING THIS PERIMETER, SIR, THIS CRIME SCENE TAPE?

490 A:

I BELIEVE THERE WAS, BUT IT'S NOT DEPICTED IN THE PHOTO, BUT I BELIEVE THERE WAS SOMEONE THERE, YES.

491 Q:

DID YOU ALL GO INSIDE THE CRIME SCENE TAPE?

492 A:

YES.

493 Q:

AND THEN WHERE DID YOU GO?

494 A:

WE WENT INTO THE REAR OF 875 SOUTH BUNDY FOLLOWING OFFICER RISKE.

495 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NUMBER 39.

496 Q:

BY MS. CLARK: CAN YOU TELL US IF YOU RECALL THIS SCENE, SIR?

497 A:

YES, I DO. THAT'S THE REAR OF 875 SOUTH BUNDY.

498 Q:

OKAY. AND IS THAT THE MANNER IN WHICH YOU FOUND IT?

499 A:

YES.

500 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NUMBER 52.

501 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT'S SHOWN HERE?

502 A:

YES, I DO.

503 Q:

WHAT IS IT?

504 A:

IT'S THE OPEN GARAGE OF THE REAR OF 875 SOUTH BUNDY, A BLACK JEEP CHEROKEE SITTING IN THE DRIVEWAY. JUST TO THE NORTH OF THE CHEROKEE IS THE ENTRANCE TO A WALKWAY THAT LEADS ON THE NORTH SIDE OF THE RESIDENCE.

505 Q:

OKAY. AND WAS THE GARAGE DOOR OPEN WHEN YOU GOT THERE?

506 A:

YES.

507 Q:

DID OFFICER RISKE GIVE YOU ANY INFORMATION ABOUT THAT?

508 A:

NO.

509 Q:

DID YOU FIND OUT WHETHER OR NOT THE GARAGE DOOR HAD INITIALLY BEEN OPEN OR CLOSED WHEN HE ARRIVED?

510 A:

I DID NOT.

511 Q:

NOW, DID HE POINT ANYTHING OUT TO YOU AT THAT TIME AROUND THE AREA OF THAT VEHICLE?

512 A:

NOT AT THAT TIME.

513 Q:

WHAT DID YOU DO NEXT?

514 A:

WE FOLLOWED HIM THROUGH THE GARAGE PAST THE WHITE FERRARI AND IN --

515 Q:

I AM SORRY.

516 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 70 AND PEOPLE'S EXHIBIT NO. 73.

517 Q:

BY MR. CLARK: YOU DESCRIBED THE WHITE FERRARI IN THE PAST TWO PHOTOGRAPHS. DO YOU RECOGNIZE WHAT WAS SHOWN?

518 A:

YES.

519 Q:

WAS THAT THE FERRARI YOU REFERRED TO?

520 A:

YES.

521 Q:

NOW, THE AREA TO THE RIGHT OF THE FERRARI IN THE PHOTOGRAPH, DO YOU RECOGNIZE THAT AS A PATH THAT YOU TOOK?

522 A:

YES. I BELIEVE THAT'S THE PATH THAT LEADS TO THE DOOR THAT LEADS INTO THE BOTTOM REAR OF THE RESIDENCE.

523 Q:

OKAY. AND WHO LED THE WAY?

524 A:

OFFICER RISKE.

525 Q:

WHEN YOU ENTERED THE HOUSE, SIR, WHAT DID YOU SEE?

526 A:

I ENTERED THE OPEN DOOR OF THE REAR OF THE RESIDENCE. OFFICER RISKE POINTED OUT SOME ICE CREAM THAT WAS ON THE BANISTER AT THE BOTTOM OF THE STAIRS.

527 Q:

UH-HUH. CAN YOU DESCRIBE THAT ICE CREAM, SIR?

528 A:

BEN AND JERRY'S. I'D PROBABLY SAY A MEDIUM SIZE CUP.

529 Q:

WHAT DID THE ICE CREAM LOOK LIKE?

530 A:

TAN COLOR, LUMPY.

531 Q:

OKAY. AND NEXT?

532 A:

WE WALKED UP THE STAIRS THAT WERE DIRECTLY IN FRONT OF THAT DOOR WHICH LED INTO A WALKWAY WHICH PASSED THE KITCHEN ON THE NORTH, A SOLID WALL ON THE RIGHT WHERE I BELIEVE THE TELEPHONE WAS AND SOME PICTURES WHICH LED INTO A LIVING ROOM AREA WITH AN OPEN FRONT DOOR AND A DINING ROOM AREA TO THE LEFT OR NORTH.

533 Q:

DURING THAT FIRST WALK THROUGH, SIR, DID YOU LOOK TO SEE WHETHER THERE WERE ANY OBVIOUS SIGNS OF DISTURBANCE OR RANSACKING OR STRUGGLE?

534 A:

I LOOKED, BUT I DIDN'T SEE ANY.

535 Q:

DID YOU SEE ANY -- ANYTHING LIKE DRAWERS PULLED OUT OR PROPERTY OR ITEMS THROWN AROUND?

536 A:

NO. IT WAS VERY NEAT, VERY CLEAN, STERILE ALMOST.

KEY QUOTE
537 Q:

DID YOU SEE ANY BLOODY SHOEPRINTS?

538 A:

NO.

539 Q:

DID YOU SEE ANY BLOOD SMEARS ON THE WALLS?

540 A:

NO.

541 Q:

DID YOU SEE ANY HOLES IN THE WALL?

542 A:

NO.

543 Q:

BROKEN FURNITURE?

544 A:

NO.

545 Q:

SPILLED PURSES?

546 A:

NO.

547 Q:

SPILLED JEWELRY?

548 A:

NO.

549 Q:

NOW, YOU MENTIONED EARLIER SOMETHING ABOUT ROBBERY, WORKING ROBBERIES. DID YOU EVER WORK ANY BURGLARY CASES?

550 A:

YES.

551 Q:

THROUGHOUT THE COURSE -- YOU'VE BEEN ON THE POLICE FORCE HOW LONG NOW?

552 A:

19 YEARS, SIX MONTHS.

553 Q:

AND DURING THAT PERIOD OF TIME, SIR, HOW MANY BURGLARY CASES APPROXIMATELY OR RESIDENTIAL ROBBERY CASES HAVE YOU WORKED?

554 A:

AS FAR AS BOTH PATROL AND DETECTIVE?

555 Q:

RIGHT.

556 A:

THAT WOULD BE IN THE HUNDREDS.

557 Q:

YOU'VE SEEN EVIDENCE OF RANSACKING IN EACH OF THOSE CASES, SIR?

558 A:

NOT EACH, BUT IT'S A PREDOMINANT M.O. FACTOR ON A BURGLARY.

559 Q:

DID YOU OBSERVE ANYTHING INSIDE THIS HOUSE THAT LOOKED CONSISTENT WITH RANSACKING OR BURGLARY?

560 A:

NO.

561 Q:

YOU INDICATED YOU SAW PICTURES. DO YOU RECALL SEEING A PIECE OF ART WORK ON THE WALL OF THE LIVING ROOM INSIDE THAT CONDO?

562 A:

YES.

563 Q:

CAN YOU DESCRIBE IT FOR US?

564 A:

I BELIEVE IT WAS IN THE DINING ROOM AREA ON THE NORTH WALL. I DON'T KNOW IF IT WAS A LITHOGRAPH OR A POSTER. IT WAS OF O.J. SIMPSON AND I BELIEVE IT WAS IN BLACK AND WHITE.

565 Q:

AND DID YOU RECOGNIZE HIM IN THAT LITHO?

566 A:

YES.

567 Q:

OKAY. AFTER YOU GOT TO THE LIVING ROOM, THEN WHAT DID YOU DO?

568 A:

OFFICER RISKE WAS DIRECTING US AND SEEING THAT -- I CAN'T RECALL IF HE SAID THAT THE DOOR WAS WIDE OPEN, BUT IT WAS AT THIS POINT. HE WALKED US ONTO THE LANDING, AND AS HE WALKED ONTO THE LANDING, HE SHINED HIS FLASHLIGHT ON HEEL PRINTS, FOOTPRINTS, SHOEPRINTS IN BLOOD AND POINTED OUT AT LEAST ONE DROP OF BLOOD TO THE LEFT TO MAKE SURE THAT WE DIDN'T STEP IN THAT AREA.

569 Q:

OKAY. WHEN YOU SAY THE DOOR, WHICH DOOR ARE YOU REFERRING TO?

570 A:

THE FRONT DOOR.

571 Q:

AND WHEN YOU GOT TO IT WITH OFFICER RISKE AND DETECTIVE PHILLIPS, IT WAS WIDE OPEN?

572 A:

YES.

573 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 45-F.

574

MS. CLARK: NO. UH-UH. (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

575 MR. FAIRTLOUGH:

SORRY. PEOPLE'S EXHIBIT NO. 35. I'M SORRY. I BELIEVE IT'S 55, YOUR HONOR, AND YOU'LL NEED TO CUT THE FEED FOR THIS PHOTO.

576 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT YOU SEE THERE, SIR? DO YOU RECOGNIZE THAT?

577 A:

I RECOGNIZE THE PHOTO, YES.

578 Q:

OKAY. CAN YOU TELL US WHAT VANTAGE POINT THAT'S TAKEN FROM?

579 A:

IT APPEARS THAT IT'S TAKEN FROM THE LANDING THAT YOU WOULD WALK OUT ONTO FROM THE FRONT DOOR. LOOKING DOWN ON THE FEMALE VICTIM, YOU WOULD BE LOOKING IN A NORTH -- NORTHEASTERLY DIRECTION.

580 Q:

DOES THIS DESCRIBE WHAT YOU WERE ABLE TO SEE? THIS PHOTOGRAPH IS PRETTY DARK, BUT WERE YOU ABLE TO GET THIS VIEW OF THE BODIES AND THE EVIDENCE FROM WHERE YOU WERE STANDING AT THE TOP OF THE LANDING WITH DETECTIVE PHILLIPS AND OFFICER RISKE?

581 A:

YES.

582 Q:

WERE THEY USING THEIR FLASHLIGHTS AT THE TIME, SIR?

583 A:

EXCUSE ME?

584 Q:

WERE THEY USING THEIR FLASHLIGHTS AT THE TIME?

585 A:

OFFICER RISKE WAS. HE WAS USING HIS TO POINT OUT ANY EVIDENCE OR ANYTHING OF VALUE THAT HE WANTED TO SHOW US.

586 Q:

OKAY. AND IS THAT -- WHO'S THAT MAN IN THE PHOTOGRAPH THERE POINTING TO THE BUSH?

587 A:

THAT'S ME.

588 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
589 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S EXHIBIT 54-2.

590 MS. CLARK:

ARE THESE PICTURES GETTING DARKER, YOUR HONOR, OR IS IT MY IMAGINATION? THEY SEEM -- MAYBE IT'S JUST ME. MAYBE I NEED GLASSES.

591 THE COURT:

I THINK IT APPEARS TO BE -- THOUGH IT LOOKS OKAY TO ME. MY TECHNICAL STAFF TELLS ME IT'S NOT DEGRADED.

592 MS. CLARK:

OKAY. THANK YOU, YOUR HONOR.

593 Q:

BY MS. CLARK: CAN YOU SEE, SIR -- CAN YOU SEE, SIR, WHAT IS LOCATED UNDERNEATH THE BUSH?

594 A:

YES.

595 Q:

AND WHAT IS IT?

596 A:

THE FOREMOST IN THE PICTURE IS A GLOVE AND ABOVE IT APPEARS TO BE A DARK BLUE KNIT CAP.

KEY QUOTE
597 Q:

NOW, WHEN WAS THE FIRST TIME THAT YOU SAW THOSE TWO ITEMS IN PARTICULAR THAT YOU WERE ABLE TO DETECT WHAT THEY WERE?

598 A:

FROM THAT LANDING, OFFICER RISKE SHINED HIS LIGHT ON THOSE ONCE AGAIN SHOWING SEVERAL OBJECTS THAT HE HAD PREVIOUSLY SEEN.

599 Q:

OKAY. AND IT -- WAS HE THE ONE WHO POINTED OUT THE GLOVE AND THE CAP UNDERNEATH THE BUSH TO YOU?

600 A:

YES.

601 Q:

WHAT ELSE DID HE POINT OUT, SIR?

602 A:

I BELIEVE HE POINTED OUT A WHITE ENVELOPE THAT WAS JUST SOUTH OF THE MALE VICTIM CLOSE TO THE SIDEWALK. HE POINTED OUT A -- HE POINTED OUT A PAGER. I BELIEVE I OBSERVED A MENU BELOW THE FEMALE VICTIM. I'M NOT SURE IF I DETERMINED IT WAS A MENU AT THAT POINT, BUT I SAW SOMETHING. AND HE MADE A POINT TO SHOW US HEEL PRINTS AND SHOEPRINTS THAT APPEARED TO BE IMPRINTED IN BLOOD THAT WERE LEADING WESTBOUND FROM THAT SCENE.

603 Q:

DID YOU AT THAT TIME NOTICE ANY SHOEPRINT NEAR THE EVIDENCE OF THE HAT AND THE GLOVE?

604 A:

YES. I SAW A SHOEPRINT, BUT IT WAS A GOOD DISTANCE FROM ME AT THAT POINT.

605 Q:

SO AT THAT TIME, WERE YOU ABLE TO DETECT ANY SHOEPRINTS NEAR THE EVIDENCE OF THE HAT AND THE GLOVE?

606 A:

IT APPEARED TO BE THAT THERE WAS A SHOEPRINT THERE, BUT I WASN'T VERY CLOSE TO IT.

607 Q:

IN ORDER TO SEE, TO DISCERN WHAT THOSE ITEMS WERE UNDERNEATH THE BUSH, WAS IT NECESSARY TO USE THE LIGHT OF THE FLASHLIGHT?

608 A:

I BELIEVE IT WAS. IT CERTAINLY AIDED DETECTIVE PHILLIPS AND MYSELF TO SEE THOSE ITEMS.

609 Q:

OKAY.

Temperature

procedural

Key Quotes (5)

Mark Fuhrman
DID THE CONVERSATION KATHLEEN BELL DESCRIBES IN THIS LETTER OCCUR? NO, IT DID NOT.
Fuhrman flatly denies the racially charged conversation Bell alleged — the prosecution's attempt to inoculate the jury against the defense's coming impeachment.
Mark Fuhrman
IT WAS VERY NEAT, VERY CLEAN, STERILE ALMOST.
Fuhrman's description of the interior of Nicole's condo directly undercuts any robbery or burglary motive narrative.
Mark Fuhrman
IT'S NOT EVERY DAY THAT YOU RESPOND TO A CELEBRITY'S HOME FOR A FAMILY DISPUTE. FOR THIS REASON, THIS INCIDENT WAS INDELIBLY PRESSED IN MY MEMORY.
From Fuhrman's 1989 memo — establishes his memory of the 1985 Rockingham incident with Nicole before the murders, connecting a pattern of domestic violence calls.
Mark Fuhrman
THE PAW PRINTS WERE IN BLOOD.
Vivid crime scene detail — bloody dog prints trailing south on Bundy, consistent with Nicole's Akita having walked through the scene.
Mark Fuhrman
THE FOREMOST IN THE PICTURE IS A GLOVE AND ABOVE IT APPEARS TO BE A DARK BLUE KNIT CAP.
Fuhrman's first clear identification of the Bundy glove and knit cap under the bush — key physical evidence he will later be linked to at Rockingham.

Evidence (20)

Informal
Kathleen Bell letter dated July 19, 1994 to Johnnie Cochran, alleging Fuhrman made racist statements at a Marine recruiting office in Redondo Beach 1985-1986
read into record paragraph by paragraph; Fuhrman denies contents
People's 103
Memo dated January 18, 1989 written by Fuhrman describing the 1985 incident at 360 Rockingham
introduced and discussed
Defendant's 1006
Crime scene sign-in log for 875 South Bundy
discussed to confirm Fuhrman and Phillips arrival at 0210 hours
People's 51
Photograph of the intersection of Dorothy and Bundy showing crime scene tape
identified by Fuhrman
People's 79
Photograph of the front of 875 South Bundy showing crime scene tape
identified by Fuhrman
People's 42
Photograph of the front walkway of 875 South Bundy looking west, showing open gate and blood
used to trace Fuhrman's initial approach route; marked with arrow indicating where he stood
+ 14 more

Notable Exchanges (4)

Marcia ClarkMark Fuhrman
Clark walks Fuhrman through the Kathleen Bell letter paragraph by paragraph on the monitor, having him deny each allegation. The prosecution is inoculating the jury against anticipated devastating cross-examination about Fuhrman's alleged racial statements.
strategic
Marcia ClarkMark Fuhrman
Clark establishes through a series of 'Could you have... Did you?' questions that Fuhrman had multiple opportunities in 1985 to arrest or further investigate O.J. Simpson for domestic violence against Nicole but took none of them — preempting defense suggestions of a vendetta.
strategic
Marcia ClarkMark Fuhrman
Fuhrman describes the interior of Nicole's condo as 'very neat, very clean, sterile almost' with no signs of ransacking, broken furniture, or spilled jewelry, directly undermining any robbery motive.
revealing
F. Lee BaileyLance A. Ito
Bailey interrupts to request Fuhrman speak closer to the microphone; Ito obliges, then checks with Bailey after the adjustment.
procedural

Light Moments (4)

Lance A. Ito
As the technician zooms and pans erratically on People's 103 on the monitor, Judge Ito deadpans: 'I'M GETTING SEASICK HERE.'
Mark Fuhrman
Clark asks Fuhrman if he is a football fan (given his memory of recognizing OJ Simpson); he replies: 'NOT AS MUCH AS A BASKETBALL FAN, BUT YES, I AM.'
F. Lee Bailey
F. Lee Bailey quietly corrects Clark's misreading of the memo — 'indelibly pressed' not 'indelibly impressed' — and Judge Ito confirms the correction.
Marcia Clark
Clark questions whether the crime scene photographs are getting darker as the session progresses: 'ARE THESE PICTURES GETTING DARKER, YOUR HONOR, OR IS IT MY IMAGINATION? MAYBE I NEED GLASSES.'

Credibility Attacks (1)

⚔ Mark Fuhrman
prior bad acts / bias — preemptive rehabilitation
The prosecution addresses the Kathleen Bell letter on direct, having Fuhrman deny the alleged conversation in which he reportedly made racist statements about Black people and interracial couples. Clark also establishes that Fuhrman had every opportunity to harm O.J. Simpson in 1985 (arrest him, call the media, pad him down) but did none of those things — anticipating the defense argument that Fuhrman planted evidence out of racial animus.

Objections

None recorded
Proceeding 5248 • 609 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAR 9, 1995 📄 Direct examination of Mark Fuh
MAR 9, 1995 KRT DvH TD