📄 Direct examination of Mark Fuhrman (part 3) — 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 3)

Witness: Det. Mark Fuhrman
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, March 9, 1995 • Utterances: 304
Marcia Clark walks Detective Fuhrman methodically through his observations at the Bundy crime scene during the early morning hours of June 13, 1994. He describes following Officer Riske through the walkway, identifying bloody shoeprints, blood drops, and blood evidence on the rear gate, before going back inside to write rough field notes. He also testifies that the interior of the house showed no signs of ransacking or blood, which he interpreted as significant to understanding the crime.
1 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 54-4.

2 Q:

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

3 A:

I BELIEVE IT'S THE WHITE ENVELOPE I OBSERVED THAT MORNING.

4 Q:

NOW, EARLIER YOU SAID HEEL PRINT BETWEEN THE -- I MEAN HEEL PRINT IN BLOOD, BLOODY HEEL PRINT NEAR THE EVIDENCE OF THE HAT AND THE GLOVE. DO YOU MEAN HEEL PRINT BY A SHOE OR BARE FOOT?

5 A:

BY A SHOE.

6 Q:

BARE FOOT. ALL RIGHT. AFTER POINTING OUT THE EVIDENCE YOU DESCRIBED, SIR, YOU SAID OFFICER RISKE POINTED THAT EVIDENCE OUT, WHAT HAPPENED NEXT?

7 A:

HE POINTED AT THE DIRECTION THAT THE SHOEPRINTS THAT APPEARED TO BE IN THE BLOOD OF ONE OR BOTH OF THE VICTIMS WAS MARKING ITSELF ONTO THE SIDEWALK AND LEADING WESTBOUND. HE ALSO POINTED OUT SEVERAL DROPS OF BLOOD TO THE LEFT OF THOSE FOOTPRINTS.

8 Q:

WHEN YOU SAY FOOTPRINTS, DO YOU MEAN BARE FOOT OR SHOE?

9 A:

I AM SORRY. SHOEPRINTS.

10 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 45-E.

11 Q:

BY MS. CLARK: ARE YOU ABLE TO SEE ANYTHING -- WELL, FIRST OF ALL, SIR, DO YOU RECOGNIZE THE LOCATION SHOWN IN THIS PHOTOGRAPH?

12 A:

I BELIEVE THIS IS THE WALKWAY -- YES. AND THIS IS THE WALKWAY LEADING WEST ON THE NORTH SIDE OF THE RESIDENCE AWAY FROM THE LANDING THAT WE WERE JUST VIEWING FROM VIEWING THE FEMALE VICTIM.

13 Q:

OKAY. IS THIS THE WALKWAY THAT LEADS OUT TO THE REAR ALLEY?

14 A:

YES.

15 Q:

TELL US WHAT ELSE YOU SEE IN THIS PHOTOGRAPH.

16 A:

I SEE SHOEPRINTS THAT APPEAR TO BE DARK AND IMPRINTED IN WHAT I BELIEVED TO BE BLOOD THAT MORNING POINTING WESTBOUND.

17 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 45-A.

18 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
19 Q:

BY MS. CLARK: COULD YOU DIRECT THE TELESTRATOR -- DIRECT THE ARROW TO CIRCLE THE SHOEPRINTS THAT YOU SEE IN THIS PHOTOGRAPH, SIR, AND THAT YOU SAW THAT NIGHT WITH THE ASSISTANCE OF RISKE?

20 A:

LITTLE FURTHER DOWN. STOP RIGHT THERE, CIRCLE.

21 Q:

IS THAT IT?

22 A:

AND DIRECTLY ABOVE. STOP, CIRCLE.

23 Q:

WAIT A MINUTE.

24 MR. FAIRTLOUGH:

LET ME TRY THAT AGAIN.

25 DET. MARK FUHRMAN:

AND THEN ONE MORE THAT I CAN SEE IN THIS PHOTO. STOP RIGHT -- THAT'S CLOSE ENOUGH.

26 Q:

BY MS. CLARK: THANK YOU. THEN YOU INDICATED THAT YOU SAW BLOOD DROPS TO THE LEFT OF THOSE SHOEPRINTS?

27 A:

YES. A FEW.

28 Q:

DID SOMEONE POINT THOSE OUT TO YOU, SIR?

29 A:

YES.

30 Q:

AND WHO WAS THAT?

31 A:

OFFICER RISKE.

32 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
33 Q:

BY MS. CLARK: WHILE HE'S PRINTING, SIR, LET ME ASK YOU A COUPLE QUESTIONS. YOU SAID YOU CAME OUT THE FRONT DOOR AND STOOD ON THE LANDING WITH OFFICER RISKE AND DETECTIVE PHILLIPS AND LOOKED AT THE EVIDENCE AS OFFICER RISKE POINTED IT OUT WITH HIS FLASHLIGHT?

34 A:

YES.

35 Q:

DID YOU GET ANY CLOSER TO THE BODIES THAN THAT?

36 A:

NO.

37 Q:

YOU STAYED UP ON THE LANDING DID YOU?

38 A:

YES, I DID.

39 Q:

EVER GO DOWN THE STAIRS AND STEP INTO THE CRIME SCENE OR STEP OVER THE BODY OF NICOLE BROWN?

40 A:

LATER THAT MORNING AFTER I RETURNED FROM ROCKINGHAM, YES.

41 Q:

NO, BUT I MEAN AT THIS TIME.

42 A:

AT THIS TIME, NO.

43 Q:

AND SO WHAT IS THE CLOSEST THAT YOU GOT TO THE BODIES OF RON GOLDMAN AND NICOLE BROWN AT THAT TIME, 2:00 A.M. IN THE MORNING?

44 A:

STANDING ABOVE THEM ON THE TOP OF THE LANDING.

45 MR. FAIRTLOUGH:

YOUR HONOR, MAY THAT -- THIS IS PEOPLE'S EXHIBIT NUMBER 44-B. YOU NEED TO CUT THE FEED FOR THIS PHOTO.

46 THE COURT:

YES.

47 Q:

BY MS. CLARK: DO YOU SEE -- NOW, YOU INDICATED EARLIER, SIR, THAT OFFICER RISKE POINTED OUT BLOODY SHOEPRINTS TO YOU?

48 A:

YES.

49 Q:

DO YOU SEE ANY OF THOSE IN THIS PHOTOGRAPH, SIR?

50 A:

YES. JUST OFF CENTER AND ALMOST MIDDLE OF THE PHOTOGRAPH, THERE'S AN ALMOST SQUARE IMPRINT THAT APPEARED TO BE A HEEL PRINT FROM A SHOE. AND IN THE POOL OF BLOOD, I REMEMBERED A SHAPE THAT IS THE DULL PORTION IN THE CENTER OF THAT POOL OF BLOOD THAT LOOKS ALMOST THE SAME SIZE AS THE IMPRESSION ON THE STEP RIGHT ABOVE IT.

51 Q:

OKAY. WHY DON'T YOU DIRECT THE TELESTRATOR, DIRECT THE ARROW TO WHAT YOU'RE TALKING ABOUT IN THE POOL OF BLOOD AND ALSO IN THE SUBSEQUENT SHOEPRINT.

52 A:

MOVE TO THE MIDDLE OF THE BLOOD. JUST THE MIDDLE AT THE TOP. YES, RIGHT THERE. CIRCLE THAT.

53 Q:

WHICH WAY?

54 A:

CIRCLE. NO. BACK UP. NO. NO. START OVER. MOVE THE ARROW DOWN, STOP RIGHT THERE AND MAKE A LARGE CIRCLE. THE OTHER WAY.

55 Q:

THIS IS NOT OBVIOUS I CAN --

56 A:

TOO LARGE. THE CIRCLE SHOULD BE ABOUT THE SAME SIZE AS THE IMPRINT ON THE STEP JUST TO THE LEFT OF IT.

57 Q:

IS IT SOMEWHERE IN THERE, SIR?

58 A:

IT'S PRETTY CLOSE. IT'S A LITTLE MORE TO THE UPPER RIGHT.

59 MR. FAIRTLOUGH:

TRY ONE LAST TIME.

60 MS. CLARK:

MAYBE WE COULD LET THE WITNESS DO THAT.

61 THE COURT:

SHOULD WE?

62 MS. CLARK:

COULD WE? WANT TO TRY? WE ONLY HAVE ANOTHER 20 MINUTES TODAY.

63 THE COURT:

IT COULDN'T BE ANY WORSE.

KEY QUOTE
64 MS. CLARK:

YES, IT COULD. I COULD DO IT.

65 Q:

BY MS. CLARK: HERE YOU GO.

66 A:

CAN I USE THIS ON THE SCREEN OR DO I HAVE TO USE IT ON THIS?

67 Q:

ON THAT. IT'S HARDER THAT WAY.

68 (WITNESS INDICATES WITH USE OF TELESTRATOR.)
69 Q:

OKAY. THANK YOU. CAN YOU PUT YOUR INITIALS ON IT, PLEASE, UP IN THE UPPER LEFT-HAND CORNER, PLEASE?

70 A:

(WITNESS COMPLIES).

71 Q:

WE'RE MISSING PART OF THAT. ALL RIGHT?

72 THE COURT:

MR. FAIRTLOUGH, WHAT DO WE WANT TO MARK THIS?

73 MS. CLARK:

YOU KNOW, I'M NOT DONE WITH THIS YET, YOUR HONOR. I'M GOING TO HAVE HIM MARK ANOTHER ONE, COUPLE WHILE HE'S THERE.

74 THE COURT:

ALL RIGHT. I JUST WANT TO BE ABLE TO IDENTIFY IT FOR THE RECORD.

75 MS. CLARK:

OH, YES. WHAT IS THIS NUMBER?

76 MR. FAIRTLOUGH:

THIS IS PEOPLE'S EXHIBIT 45-B. SO IT WOULD BE B-3.

77 THE COURT:

B-3?

78 MR. FAIRTLOUGH:

45-B-3.

79 THE COURT:

45-B-3.

80 Q:

BY MS. CLARK: ALL RIGHT. DO YOU SEE ANY OF THE OTHER BLOODY HEEL PRINTS OR SHOEPRINTS THAT WERE POINTED OUT TO YOU BY OFFICER RISKE THAT NIGHT?

81 A:

YES.

82 MR. FAIRTLOUGH:

SORRY, YOUR HONOR. PEOPLE'S EXHIBIT 45-B-1.

83 (PEO'S 45-B-1 FOR ID = PHOTOGRAPH)
84 DET. MARK FUHRMAN:

NOW HOW DO I ERASE THE ARROW? OH, I'VE GOT IT. CLEAR. WHOOPS.

85 Q:

BY MS. CLARK: OH, NO. THIS IS DEVASTATING. OKAY. NEXT TIME, DO UNDO.

86 A:

TRY THIS AGAIN HERE. WHOOP.

87 Q:

WAIT. UNDO.

88 A:

OKAY. I'M GETTING IT.

89 MR. FAIRTLOUGH:

YOUR HONOR, MAY THE LAST PRINT OF THE CIRCLES OF THE STEPS GOING IN THE UPPER WALKWAY BE MARKED AS PEOPLE'S EXHIBIT 45-F-1?

90 (PEO'S 45-F-1 FOR ID = PRINT WITH CIRCLES)
91 THE COURT:

WHAT HAPPENED TO 44-B-1? ALL RIGHT. NEVER MIND. WE'LL STRAIGHTEN THAT OUT.

92 Q:

BY MS. CLARK: DO YOU SEE ANY OTHER BLOODY SHOEPRINTS IN THIS PHOTOGRAPH, SIR?

93 A:

I CAN NOT.

94 Q:

OKAY. DID YOU WALK WITH OFFICER RISKE THEN TOWARDS THE ALLEY DOWN THE WALKWAY?

95 A:

YES. HE DIRECTED US TO WALK TO THE RIGHT OF THE PRINTS AND YES, WE WALKED TO THE REAR OF THE RESIDENCE.

96 Q:

AS YOU -- AS YOU ALL WALKED, DID OFFICER RISKE LEAD YOU?

97 A:

YES.

98 Q:

AND WAS DETECTIVE PHILLIPS WITH YOU AS WELL?

99 A:

HE WAS DIRECTLY IN FRONT OF ME, YES.

100 Q:

DID YOU -- WAS HE -- DID OFFICER RISKE WARN YOU WHERE TO STAY AWAY FROM AS YOU WALKED DOWN THE WALKWAY TOWARDS THE ALLEY?

101 A:

YES.

102 Q:

AND DID YOU AVOID STEPPING IN ANY OF THE BLOODY SHOEPRINTS OR BLOOD DROPS?

103 A:

YES.

104 Q:

AT SOME POINT GOING WESTBOUND ON THAT WALKWAY, SIR, DID THE SHOEPRINTS FADE OUT?

105 A:

YES, THEY DID.

106 Q:

AT WHAT POINT?

107 A:

IT SEEMS BEFORE WE ENTERED INTO A STEP-DOWN AREA INTO A TROTH. I SAY TROTH. IT'S AN AREA THAT YOU STEP FOUR OR FIVE STEPS DOWN INTO AN AREA THAT LEVELS OFF FOR SEVERAL FEET, THEN STEPS LEAD UP ONCE AGAIN AND LEADS TO THE REAR GATE OF THE RESIDENCE ON THAT PATHWAY TO THE ALLEY.

108 Q:

BY THE TIME YOU GOT TO THE REAR GATE THAT LEADS OUT INTO THE ALLEY, SIR, WERE YOU ABLE TO SEE ANY MORE BLOODY SHOEPRINTS?

109 A:

I DID NOT, NO.

110 Q:

AS YOU WERE WALKING WESTBOUND IN THE ALLEY, WERE YOU FOLLOWING THOSE BLOODY SHOEPRINTS, THE PATH THAT THEY TOOK?

111 A:

I WAS FOLLOWING OFFICER RISKE AND HE WAS POINTING OUT THINGS THAT WE SHOULD NOTE, AND I SAW THEM FADE AT A CERTAIN POINT.

112 Q:

DID YOU HAPPEN TO NOTE HOW MANY BLOOD DROPS TO THE LEFT OF THOSE BLOODY SHOEPRINTS YOU SAW BETWEEN THE LANDING AND THE REAR GATE?

113 A:

I DIDN'T COUNT THEM. I WOULD SAY SEVERAL, BUT I DIDN'T COUNT THEM AND I NEVER WENT BACK TO COUNT THEM. SO I COULDN'T SAY ANYTHING MORE THAN SEVERAL.

114 Q:

YOU DON'T -- DO YOU HAVE A PRESENT RECOLLECTION OF THAT, HOW MANY?

115 A:

THREE TO SEVEN, THREE TO FIVE.

116 Q:

WHEN YOU GOT TO THE REAR GATE AREA, DID YOU MAKE ANY OBSERVATIONS THERE?

117 A:

OFFICER RISKE POINTED OUT SOME BLOOD ON THE GATE, SOME SMUDGING ON THE UPPER RAIL OF THE GATE. I NOTICED SOME BLOOD DROPPING ON THE CENTER OF THE GATE, THE MESH PART OF THE GATE.

118 MR. BAILEY:

EXCUSE ME, YOUR HONOR. THE PRINT IS GONE.

119 THE COURT:

YOU DON'T HAVE TO HAVE IT THERE TO POINT IT OUT.

120 DET. MARK FUHRMAN:

THERE APPEARED TO BE EVIDENCE OF BLOOD ON THE BOTTOM RUNG OF THE GATE. I NOTICED A BLOOD SMUDGE AROUND THE DOOR TURN KNOB LOCK ON THE INTERIOR OR THE EAST SIDE OF THE GATE.

121 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
122 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 48-F.

123 Q:

BY MS. CLARK: DO YOU RECOGNIZE WHAT'S SHOWN IN THAT PHOTOGRAPH, SIR?

124 A:

YES.

125 Q:

WHAT IS THAT?

126 A:

THIS IS THIS TROTH AREA THAT I WAS DESCRIBING AND THESE ARE THE STEPS LEADING OUT OF IT WESTBOUND UP TO THE REAR GATE, WHICH IN THIS PICTURE IS OPEN.

127 Q:

OKAY. AND IS THAT THE REAR GATE WHERE YOU JUST DESCRIBED SEEING THE BLOOD DROPPING ON THE LOWER REAR -- LOWER RUNG AND THE MIDDLE AND THEN THE SMUDGE ON THE LATCH?

128 A:

YES.

129 Q:

AND WHAT ELSE WERE YOU ABLE TO SEE ON THAT GATE, SIR?

130 A:

NOT AT THAT TIME, BUT LATER, I SAW A PARTIAL POSSIBLE FINGERPRINT THAT WAS ON THAT KNOB AREA.

131 Q:

DID YOU THEN WALK THROUGH THE REAR GATE, SIR, WITH OFFICER RISKE AND DETECTIVE PHILLIPS?

132 A:

YES.

133 Q:

AND DID YOU -- DID HE POINT ANYTHING OUT TO YOU IN THAT REAR DRIVEWAY?

134 A:

YES. THERE WAS OTHER BLOOD DROPS AND CHANGE THAT WAS STREWN ON THE DRIVEWAY TO THE NORTH OF THE JEEP.

135 Q:

WAS THERE SOME EFFORT MADE BY YOURSELF, DETECTIVE PHILLIPS AND OFFICER RISKE TO AVOID TOUCHING THE BLOOD ON THE REAR GATE?

136 A:

YES.

137 Q:

WHAT DID YOU DO? HOW DID YOU AVOID IT?

138 A:

EITHER KEEP YOUR HANDS IN YOUR POCKETS OR KEEP YOUR HANDS ON YOUR NOTEBOOK AND YOU DON'T TOUCH ANYTHING.

139 Q:

WAS THE REAR GATE STANDING OPEN WHEN YOU GOT TO IT?

140 A:

IT WAS OPEN.

141 Q:

DO YOU RECALL OFFICER RISKE POINTING OUT A BLOOD DROP NEAR -- JUST INSIDE THE REAR GATE?

142 A:

I DON'T RECALL THAT, BUT HE COULD HAVE. HE POINTED OUT SEVERAL PIECES OF ITEMS IN THAT FIRST WALK THROUGH.

143 Q:

AND IF HE HAD, WOULD YOU HAVE AVOIDED IT, SIR?

144 A:

YES.

145 Q:

NOW, WHAT IF ANYTHING DO YOU RECALL BEING POINTED OUT TO YOU BY OFFICER RISKE OUT AT THE REAR DRIVEWAY AREA?

146 A:

THE DROPS OF BLOOD AND THE CHANGE AND HE DID MAKE A COMMENT THAT THEY DIDN'T CONTINUE INTO THE -- INTO THE ALLEY. I WENT INTO THE ALLEY AND OBSERVED THAT FOR MYSELF. I COULDN'T SEE ANY.

147 Q:

AND HOW DID YOU LOOK IN THE ALLEY TO LOOK FOR BLOOD DROPS?

148 A:

USING A FLASHLIGHT.

149 Q:

THE FACT THAT YOU SAW A BLOOD DROP ON THE DRIVEWAY, BUT YOU WERE UNABLE TO OBSERVE ANY IN THE ALLEYWAY, WAS THAT SIGNIFICANT TO YOU?

150 A:

YES.

151 Q:

WHY?

152 A:

I WOULD CONCLUDE THAT THE PERSON EITHER STOPPED BLEEDING OR ENTERED SOME FORM OF TRANSPORTATION.

KEY QUOTE
153 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
154 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 48-H. PEOPLE'S EXHIBIT 48-I.

155 Q:

BY MS. CLARK: ALL RIGHT, SIR. PEOPLE'S 48-H AND I, DO YOU RECOGNIZE WHAT'S DEPICTED IN THOSE PHOTOGRAPHS?

156 A:

IT APPEARS TO BE THE SIZE OF BLOOD DROPS THAT I SAW ON THE REAR DRIVEWAY AND THIS APPEARS TO BE THE SMOOTH CONCRETE DRIVEWAY IN THE REAR OF THE RESIDENCE.

157 Q:

IS THAT THE BLOOD DROP THAT WAS POINTED OUT TO YOU BY OFFICER RISKE THAT YOU JUST DESCRIBED TO US?

158 A:

IT LOOKS LIKE MOST OF THE BLOOD DROPS THAT I SAW, YES.

159 Q:

AND TO WHAT SIDE -- IF YOU'RE EXITING AS YOU WERE, AS YOU ARE EXITING THE REAR GATE WALKING WEST, COME OUT OF THE REAR GATE, THE JEEP WOULD BE TO WHAT SIDE OF YOU AND THE BLOOD DROP WOULD BE TO WHAT SIDE OF THE JEEP?

160 A:

THE BLOOD DROP WOULD BE TO THE RIGHT OF THE JEEP WHICH WOULD BE TO THE NORTH OF THE JEEP AND THE JEEP WOULD BE TO THE LEFT OR THE SOUTH OF THE DROP AND THE --

161 Q:

YEAH. OKAY. WAS THE JEEP TO THE SOUTH OF THE REAR GATE AREA?

162 A:

YES.

163 Q:

OKAY.

164 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 48-J.

165 Q:

BY MS. CLARK: AND -- DO YOU SEE THE JEEP THAT YOU'VE BEEN DESCRIBING TO US, SIR?

166 A:

YES. A BLACK JEEP CHEROKEE.

167 Q:

AND IS THAT THE POSITION THAT YOU FOUND IT WHEN YOU WERE SHOWN THE LOCATION BY OFFICER RISKE IN THE COMPANY OF DETECTIVE PHILLIPS?

168 A:

YES.

169 Q:

DO YOU RECALL THOSE GARBAGE CANS THERE, SIR?

170 A:

I THINK THERE WAS SOME THERE. I DON'T RECALL THEIR EXACT DESCRIPTION, BUT I THINK THERE WERE GARBAGE CANS THERE, YES.

171 Q:

FROM WHAT YOU RECALL OF THE CRIME SCENE OF THAT AREA THAT NIGHT, WAS THERE ROOM FOR A CAR TO PARK BETWEEN THE BLACK JEEP AND THE GARBAGE CANS?

172 A:

I WOULDN'T THINK SO, NO.

173 Q:

OR BETWEEN THE BLACK JEEP AND THAT WALL OR CURB THERE?

174 A:

I DON'T BELIEVE SO. THAT WOULD HAVE BEEN EXTREMELY TIGHT.

175 Q:

YOU DESCRIBED CHANGE THAT YOU SAW, SIR?

176 A:

YES.

177 Q:

DO YOU RECALL WHERE IT WAS IN RELATION TO THE JEEP?

178 A:

TO THE NORTH OF THE JEEP.

179 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT 48-K.

180 Q:

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

181 A:

THAT'S A DIME AND A PENNY. I BELIEVE THE DENOMINATION OF THE CHANGE THAT I SAW ON THE GROUND WAS I BELIEVE PENNIES, DIMES AND MAYBE A NICKEL.

182 Q:

HOW FAR, IF YOU CAN RECALL, APPROXIMATELY WAS THAT CHANGE FROM THE BLOOD DROP THAT YOU SAW IN THE DRIVEWAY?

183 A:

IT WAS IN THE SAME GENERAL AREA.

184 Q:

AND WERE THERE ANY BLOODY SHOEPRINTS IN THAT DRIVEWAY AREA?

185 A:

I DID NOT SEE NONE OR SEE ANY, NO.

186 Q:

AFTER YOU WENT OUT INTO THE REAR DRIVEWAY AND ATTEMPTED TO EXAMINE THE ALLEY FOR BLOOD, WHAT DID YOU DO NEXT?

187 A:

WELL, AT THAT TIME, DETECTIVE PHILLIPS AND OFFICER RISKE WALKED BACK OUT ONTO DOROTHY AND I REENTERED THE HOUSE TO START CATCHING UP ON THE NOTES FROM WHAT HAD BEEN SHOWN TO ME SO FAR AND WHAT I HAD OBSERVED.

188 Q:

OKAY. NOW, WHAT DO YOU MEAN BY CATCH UP ON THE NOTES?

189 A:

WELL, WE WERE WALKING AND I WAS TRYING TO MAKE -- TAKE MENTAL NOTES. AND WHEN I GOT AN OPPORTUNITY TO BRING MYSELF UP-TO-DATE WITH THOSE NOTES BEFORE I LOST TRACK OF ANYTHING OFFICER RISKE BROUGHT TO MY ATTENTION OR ANYTHING THAT I OBSERVED.

190 Q:

NOW, IS THAT SOMETHING THAT YOU CUSTOMARILY DO AT SCENES THAT YOU'RE HANDLING, SIR?

191 A:

YES.

192 Q:

AND WHAT IS THE PURPOSE OF MAKING THOSE NOTES?

193 A:

TO START PRELIMINARY NOTES SO I KNOW WHO TO DIRECT AND TO WHERE TO GET MY LOGISTICAL ORGANIZATION SET IN MY MIND, WHAT I'M GOING TO NEED FOR THIS SCENE, WHAT I NEED FOR CRIMINALISTS, SEROLOGISTS, TRACE EVIDENCE, FINGERPRINTS, PHOTOGRAPHS, DO I NEED LIGHT TRUCKS, DO I NEED MORE PERSONNEL, ENLARGE THE SCENE, SHRINK THE SCENE. I HAVE TO CATCH UP WITH I HAVE, WHAT NEEDS TO BE PRESERVED, HOW ARE WE GOING TO DO THAT, HOW DO WE RECOVER IT. SO THERE'S A LOT OF ITEMS THAT I HAVE TO START THINKING ABOUT FOR NOTIFICATIONS TO GET PEOPLE TO THE LOCATION TO DO WHAT THEY NEED TO DO.

194 Q:

OKAY. NOW, SO YOU WALKED BACK THROUGH THE HOUSE AGAIN ENTERING THROUGH THAT SAME -- EXCUSE ME. YOU REENTERED THE HOUSE THROUGH THE GARAGE; IS THAT RIGHT, SIR?

195 A:

YES.

196 Q:

AND WAS THAT THE SAME PATH GOING TO THE RIGHT OF THE FERRARI?

197 A:

YES.

198 Q:

WHERE DID YOU -- DID YOU GO ALL -- LOOK THROUGHOUT THE HOUSE OR DID YOU WALK STRAIGHT TO THE LIVING ROOM AREA?

199 A:

I WALKED TO THE LIVING ROOM AREA. WE HAD BEEN PREVIOUSLY SHOWN THE UPSTAIRS AND THE BATHROOM.

200 Q:

WHO SHOWED YOU THAT?

201 A:

OFFICER RISKE.

202 Q:

AND WHEN WAS THAT?

203 A:

DURING THE INITIAL WALK THROUGH.

204 Q:

OKAY. SO WHEN YOU WENT IN WITH DETECTIVE PHILLIPS AND OFFICER RISKE, HE SHOWED YOU THE KITCHEN AREA, DID HE?

205 A:

YES. HE DIDN'T -- WE DIDN'T WALK THROUGH THE KITCHEN AREA. WE WALKED TO THE RIGHT OF IT. HE SHOWED US -- HE JUST TOOK US UPSTAIRS AND SAID THERE WAS -- SHOWED US CANDLES BURNING IN THE BATH ROOM. THERE WAS CANDLES BURNING IN THE LIVING ROOM.

206 Q:

OKAY. AND DID YOU NOTICE UPSTAIRS WHAT THE CONDITION OF THE MASTER BEDROOM WAS?

207 A:

THERE WAS NOTHING DISTURBED THAT I SAW.

208 Q:

OKAY. BY DISTURBED, DID YOU SEE ANY EVIDENCE OF BLOOD?

209 A:

NO.

210 Q:

DID YOU SEE ANY EVIDENCE OF DRAWERS PULLED OUT?

211 A:

NO.

212 Q:

SEE JEWELRY THROWN AROUND?

213 A:

NO.

214 Q:

SEE CLOTHES THROWN AROUND?

215 A:

NO.

216 Q:

DID YOU SEE BLOODY SHOEPRINTS ON THE CARPETING?

217 A:

NO, I DIDN'T.

218 Q:

AND IN THE BATHROOM, DID YOU SEE ANY OF THOSE THINGS?

219 A:

NO.

220 Q:

DID YOU LOOK INTO ANY OTHER ROOMS UPSTAIRS?

221 A:

IF WE DID, WE DIDN'T ENTER THEM. WE JUST LOOKED INSIDE. THERE DIDN'T APPEAR TO BE ANYTHING THAT OFFICER RISKE HAD DISCOVERED EARLIER AND THERE DIDN'T APPEAR TO BE ANYTHING THAT WE NOTED.

222 Q:

ANYTHING?

223 A:

OF ANY UNUSUAL OR EVIDENTIARY VALUE, NOTHING THAT WAS CONSISTENT WITH THE EXTERIOR.

224 Q:

OKAY. WHEN YOU SAY NOTHING THAT WAS CONSISTENT WITH THE EXTERIOR, CAN YOU EXPLAIN WHAT YOU MEAN BY THAT, SIR?

225 A:

THERE WAS A LOT OF BLOOD EVIDENCE ON THE EXTERIOR OF THE HOUSE. SOMEONE HAD FLED THE SCENE THAT WAS BLEEDING. WE HAD TWO VICTIMS THAT HAD BLED QUITE A LOT.

226 Q:

AND DID YOU SEE ANY OF THAT KIND OF BLOOD OR BLEEDING INSIDE THE HOUSE?

227 A:

NOT AT ALL.

228 Q:

ANY DIRT THAT APPEARED TO HAVE BEEN TRACKED INSIDE FROM OUTSIDE THE HOUSE?

229 A:

NOT THAT I SAW, NO.

230 Q:

OR LEAVES FROM THE FOLIAGE AROUND THE CRIME SCENE OUTSIDE THE HOUSE, DID YOU SEE THAT TRACKED INSIDE?

231 A:

NO. NO.

232 Q:

SO WHEN YOU WENT BACK INSIDE AND DETECTIVE PHILLIPS AND OFFICER RISKE WENT OUT ONTO DOROTHY, DID YOU WALK STRAIGHT THROUGH AND SIT DOWN IN THE LIVING ROOM?

233 A:

YES. I SAT DOWN ON THE EDGE OF THE COUCH NEAREST THE RIGHT SIDE OR THE SOUTH SIDE OF THE FRONT DOOR.

234 Q:

OKAY. SO WHAT WAS THE PURPOSE OF GOING BACK INSIDE? WAS THAT TO DO ANOTHER SEARCH?

235 A:

NO. I WANTED TO CATCH UP ON MY NOTES WHEN EVERYTHING WAS FRESH RIGHT THEN.

236 MS. CLARK:

SHOULD I -- YOUR HONOR, I HAVE HERE PEOPLE'S 104.

237 THE COURT:

ALL RIGHT. PEOPLE'S 104.

238 MS. CLARK:

IS IT 10 --

239 THE COURT:

I'M SORRY. WHICH ARE YOU SPEAKING OF?

240 MS. CLARK:

I'M ABOUT TO MARK ANOTHER EXHIBIT. I'M JUST MAKING SURE IT'S 104 AND NOT 105.

241 THE COURT:

ALL RIGHT. 104.

242 (PEO'S 104 FOR ID = NOTES)
243 Q:

BY MS. CLARK: FIRST OF ALL, SIR, I'M GOING TO SHOW TO YOU AND ASK YOU TO TELL ME IF THESE APPEAR TO BE THE NOTES YOU TOOK IN THE EARLY MORNING HOURS OF FEBRUARY -- EXCUSE ME -- JUNE THE 13TH, 1994 AT 875 SOUTH BUNDY.

244 A:

THOSE ARE MY NOTES, YES.

245 MS. CLARK:

SO THAT THE JURY CAN FOLLOW ALONG, YOUR HONOR, I'M GOING TO ASK THAT THEY BE --

246 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
247 MS. CLARK:

I'M GOING TO REMOVE THE STAPLE SO WE CAN DO IT ONE AT A TIME. YOUR HONOR.

248 THE COURT:

ALL RIGHT. THESE ARE THREE PAGES OF DETECTIVE FUHRMAN'S NOTES?

249 MS. CLARK:

YES, YOUR HONOR.

250 THE COURT:

PROCEED.

251 MS. CLARK:

THANK YOU.

252 Q:

BY MS. CLARK: OKAY. DO YOU RECOGNIZE THAT WRITING, SIR?

253 A:

YES, THIS IS MY WRITING.

254 Q:

THAT'S YOUR -- ARE THESE THE NOTES YOU JUST IDENTIFIED FOR US, SIR?

255 A:

EXCUSE ME?

256 Q:

ARE THOSE THE NOTES THAT YOU'VE JUST IDENTIFIED AS HAVING TAKEN ON THE EARLY MORNING HOURS OF JUNE THE 13TH?

257 A:

YES.

258 Q:

NOW, WHEN YOU SAY THEY'RE BEGINNING AT THE SCENE 2:10 HOURS, IS THAT 2:10 IN THE MORNING, SIR?

259 A:

YES.

260 Q:

AND WHAT DO YOU -- WHAT IS IT YOU'RE TELLING US THERE?

261 A:

I'M JUST MAKING A NOTATION MY ARRIVAL AT THE SCENE WAS AT 0210 HOURS AND I CONTACTED SERGEANT ROSSI AS THE MORNING WATCH OR A.M. WATCH COMMANDER AT WEST L.A.

262 Q:

AND THEN YOU PUT ITEM 1, OFFICER RISKE. AND IS THAT WHAT OFFICER RISKE REPORTED TO YOU, SIR, IN THAT FIRST ITEM?

263 A:

THAT'S WHAT I CONCLUDED. IN OTHER WORDS, A CONDENSED VERSION, YES.

264 Q:

NOW, WHAT IS THE PURPOSE OF THESE NOTES? IS THIS A FORMAL REPORT THAT YOU'RE MAKING, SIR?

265 A:

NO. I MAKE NOTES LIKE THIS AND I USE A NUMERAL ON EACH ITEM AND THEN I CAN TAKE THAT NUMERAL AND TITLE A PAGE AND WRITE ABOUT THAT SUBJECT AND THEN I CAN GO BACK TO IT WITHOUT CONFUSING MYSELF.

266 Q:

OKAY. HOW WOULD YOU CHARACTERIZE THESE IN TERMS OF FORMAL OR ROUGH NOTES?

267 A:

I'D CHARACTERIZE THESE AS MY FIRST IMPRESSION OR MY ROUGH NOTES.

268 Q:

AND WITH RESPECT TO ITEM 2, WAS THAT INFORMATION PASSED ON TO YOU BY OFFICER RISKE?

269 A:

YES.

270 Q:

NOW, AGAIN, WITH RESPECT TO ITEM 3 --

271 A:

YES.

272 Q:

-- IS THAT WHAT WAS PASSED ONTO YOU BY OFFICER RISKE?

273 A:

YES.

274 Q:

AT THE TIME THAT YOU RESPONDED TO THE SCENE, SIR, AT 2:10 A.M., DID YOU KNOW WHAT THE CAUSE OF DEATH WAS?

275 A:

NO.

276 Q:

DID OFFICER RISKE KNOW WHAT THE CAUSE OF DEATH WAS?

277 A:

NO.

278 Q:

YOU HAVE THE LAST LINE OF PARAGRAPH 3, POSS GSW.

279 A:

YES.

280 Q:

CAN YOU INTERPRET FOR US WHAT THAT MEANS?

281 A:

IT MEANS POSSIBLE GUNSHOT WOUND.

282 Q:

AND --

283 MS. CLARK:

DO YOU WANT TO STOP?

284 THE COURT:

I AM SORRY?

285 MS. CLARK:

I'M JUST LOOKING AT THE CLOCK.

286 THE COURT:

WHY DON'T WE FINISH THIS ITEM.

287 MS. CLARK:

THIS ITEM, THREE PAGES LONG? I'LL BE DELIGHTED, WHATEVER THE COURT WANTS. I'M JUST GIVING THE COURT FAIR WARNING WE'VE GOT ABOUT 20 ITEMS -- 17 ITEMS HERE.

288 THE COURT:

YOU WANT TO FINISH THE ITEM?

289 MS. CLARK:

WE FINISHED ITEM 3. IS THAT WHAT YOU WANTED ME TO DO?

290 THE COURT:

WHY DON'T YOU FINISH THE PAGE.

291 MS. CLARK:

OKAY.

292 Q:

BY MS. CLARK: AND ITEM 4, YOU INDICATE HERE THAT THE RESIDENCE APPEARS UNTOUCHED, NO RANSACKING?

293 A:

THOSE ARE MY OBSERVATIONS.

294 Q:

UH-HUH. AND IS THAT BASICALLY WHAT YOU'VE CONVEYED TO US HERE TODAY?

295 A:

YES, IT IS.

296 Q:

WAS THAT SIGNIFICANT TO YOU, SIR?

297 A:

I BELIEVE IT APPEARED WHATEVER HAPPENED WAS -- HAPPENED TO WHOEVER WAS INSIDE THE RESIDENCE DID NOT EXPECT TO BE ENCOUNTERED IN ANY FORM OF CONFRONTATION.

KEY QUOTE
298 Q:

UH-HUH. AND WHAT ABOUT WITH RESPECT TO WHETHER THE KILLER WENT INSIDE THE HOUSE AT ANY POINT AFTER THE MURDERS?

299 A:

I BELIEVE ITEMS 3 AND MAYBE 4 WOULD INDICATE THAT THEY DID NOT.

300 MS. CLARK:

THAT'S END OF THAT PAGE, YOUR HONOR.

301 THE COURT:

THAT'S ALL? YOU WANT TO KEEP GOING ON THAT?

302 MS. CLARK:

WITH RESPECT -- OH, YEAH. ACTUALLY, I COULD GO INTO A WHOLE OTHER AREA WITH THIS IF YOU WANT ME TO. I DON'T WANT TO OVERSTATE MY WELCOME WITH THE COURT.

303 THE COURT:

MISS CLARK, I'M JUST THE REFEREE. IT'S YOUR CASE.

304 MS. CLARK:

THIS IS A GOOD TIME.

Temperature

procedural

Key Quotes (4)

Fuhrman
I WOULD CONCLUDE THAT THE PERSON EITHER STOPPED BLEEDING OR ENTERED SOME FORM OF TRANSPORTATION.
Establishes the prosecution's theory that the killer fled the scene by vehicle after the blood trail ended at the rear driveway.
Fuhrman
I BELIEVE IT APPEARED WHATEVER HAPPENED WAS -- HAPPENED TO WHOEVER WAS INSIDE THE RESIDENCE DID NOT EXPECT TO BE ENCOUNTERED IN ANY FORM OF CONFRONTATION.
Supports the prosecution's theory of a targeted, premeditated attack rather than a burglary or random crime — no ransacking, no sign of defensive struggle inside.
Clark
THIS IS DEVASTATING. OKAY. NEXT TIME, DO UNDO.
Inadvertent humor during telestrator difficulties — Clark's quip about the exhibit-marking chaos got a laugh in an otherwise dry technical session.
Lance A. Ito
IT COULDN'T BE ANY WORSE.
Judge's dry aside about the telestrator fiasco, followed by Clark's rejoinder — a rare light moment in an otherwise procedural session.

Evidence (11)

People's 54-4
White envelope observed at the scene
identified
People's 45-E
Photograph of the walkway on the north side of the residence leading west
identified and discussed
People's 45-A
Photograph used with telestrator to circle bloody shoeprints on the walkway
annotated via telestrator
People's 45-B / 45-B-1 / 45-B-3
Photographs of bloody shoeprints on the walkway steps, annotated by Fuhrman
identified and marked
People's 45-F-1
Print with circles marked by Fuhrman via telestrator showing shoeprint locations on upper walkway
introduced
People's 44-B
Photograph showing heel print in blood near the landing area
identified and discussed
+ 5 more

Notable Exchanges (2)

Marcia ClarkFuhrmanFairtloughLance A. Ito
Extended struggle to use the telestrator to circle blood evidence in photographs. Fuhrman accidentally cleared his annotations, Clark tried to operate it herself, and the judge quipped it 'couldn't be any worse.' Resulted in multiple exhibit sub-numbers being created mid-session.
chaotic/light
Marcia ClarkLance A. Ito
Clark flagged the time at end of session, noting she had 17 more items to cover in Fuhrman's notes. Ito deferred to her on pace, saying 'I'm just the referee. It's your case.'
procedural

Light Moments (2)

Lance A. Ito / Marcia Clark
After repeated failed attempts to annotate a photograph with the telestrator, Clark said 'THIS IS DEVASTATING' and Ito deadpanned 'IT COULDN'T BE ANY WORSE,' prompting Clark to reply 'YES, IT COULD. I COULD DO IT.'
Fuhrman
Fuhrman accidentally cleared his telestrator circles and muttered 'WHOOPS' and 'WHOOP' while trying to redo them.

Witness Demeanor

Methodical and precise throughout; corrected himself on 'footprints' vs. 'shoeprints' twice.
Cooperative with the telestrator despite its difficulty; showed patience and some dry humor ('I'M GETTING IT').
No stage directions indicating emotion or distress.

Objections

None recorded
Proceeding 5250 • 304 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAR 9, 1995 📄 Direct examination of Mark Fuh
MAR 9, 1995 KRT DvH TD