Recross-examination of Tom Lange (part 1)

📄 Recross-examination of Tom Lange (part 1) — Thursday, March 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\9\RECROSS-EXAMINATION-OF-TOM-LAN.DOC

TRIAL

▲ Day 34 of 167

◀ Sidebar: jury member's pin Sidebar: cut finger testimony ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, March 9, 1995 • Utterances: 108

Cochran wraps up his recross of Detective Lange, pressing on several loose ends from the prior day: the cotton blanket Lange personally took from inside the Brown Simpson home and placed over Nicole's body, whether Lange ever actually verified the Bronco doors were locked (he never touched the vehicle), and OJ Simpson being handcuffed upon his return from Chicago. The session ends at a sidebar after Ito sustains a hearsay objection when Cochran tries to get Lange to confirm Simpson gave an explanation for his cut finger.

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

# 2 THE COURT:

ALL RIGHT. GOOD MORNING, LADIES AND GENTLEMEN. HAVING TO START THE MORNING WITH A SIDEBAR CONFERENCE, I DON'T KNOW IF THAT'S A GOOD SIGN. ALL RIGHT. LET THE RECORD REFLECT THAT DETECTIVE TOM LANGE IS AGAIN ON OUR WITNESS STAND. HE IS ON RECROSS EXAMINATION BY MR. COCHRAN.

TOM LANGE, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

# 3 THE COURT:

GOOD MORNING, DETECTIVE LANGE.

# 4 DET. TOM LANGE:

GOOD MORNING, YOUR HONOR.

# 5 THE COURT:

DETECTIVE, YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. COCHRAN, YOU MAY CONCLUDE YOUR RECROSS-EXAMINATION.

# 6 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. APPRECIATE THAT. THANK YOU VERY MUCH. GOOD MORNING, DETECTIVE LANGE. GOOD MORNING, LADIES AND GENTLEMEN.

# 7 THE JURY:

GOOD MORNING.

# 8 DET. TOM LANGE:

GOOD MORNING.

RECROSS-EXAMINATION (RESUMED) BY MR. COCHRAN:

# 9 Q:

DETECTIVE LANGE, HAVE YOU HAD OCCASION TO SPEAK TO MISS CLARK ABOUT YOUR TESTIMONY SINCE YOU'VE BEEN OFF THE STAND YESTERDAY?

# 10 A:

I DON'T BELIEVE WE SPOKE.

# 11 Q:

YOU NEVER SPOKE LAST NAME --

# 12 A:

I SAW HER BRIEFLY LAST NIGHT. THERE WAS SOME DISCUSSION.

KEY QUOTE

# 13 Q:

YOU HAD SOME BRIEF DISCUSSION LAST NIGHT?

# 14 A:

YES.

# 15 Q:

AND THAT'S ABOUT YOUR RE-REDIRECT?

# 16 A:

NO. IT WAS MORE OR LESS WHAT HAPPENED YESTERDAY IN COURT REGARDING YOUR CROSS-EXAMINATION.

# 17 Q:

OKAY. SO YOU JUST DISCUSSED THAT. VERY WELL. THAT WAS LAST NIGHT UP IN HER OFFICE; IS THAT CORRECT?

# 18 A:

I SAW HER BRIEFLY IN HER OFFICE, YES.

# 19 Q:

ALL RIGHT, SIR. NOW, YESTERDAY, YOU MENTIONED SEEING A VIDEO LAST FRIDAY WHEREIN YOU SAW SOME CANDLES BURNING I PRESUME INSIDE THE LIVING ROOM AREA OF THE BUNDY ADDRESS; IS THAT CORRECT?

# 20 A:

YES.

# 21 Q:

AND THAT WAS A VIDEO FROM A -- SOME T.V. PHOTOGRAPHER OR VIDEO CAMERA, IS THAT CORRECT, THAT YOU COULD TELL?

# 22 A:

YES.

# 23 Q:

ALL RIGHT. NOW, A FEW QUESTIONS ABOUT THIS BLANKET THAT WE SAW IN THE VIDEO WE SHOWED YOU YESTERDAY. DO YOU KNOW WHERE THAT BLANKET CAME FROM?

# 24 A:

I BELIEVE THE INSIDE OF THE HOUSE.

# 25 Q:

SO IT WAS THE VIDEO THAT WAS -- IT WAS -- STRIKE THAT. IT WAS A BLANKET INSIDE THE BROWN SIMPSON HOME; IS THAT CORRECT?

# 26 A:

THAT'S CORRECT.

# 27 Q:

AND IT WAS TAKEN OUT OF THERE? DO YOU KNOW WHAT KIND OF MATERIAL THIS BLANKET WAS MADE OF?

# 28 A:

I BELIEVE IT WAS COTTON.

# 29 Q:

AND WHO TOOK THIS BLANKET OUT AND PUT IT OVER THE BODY? WHO DID THAT?

# 30 A:

I DID IT.

# 31 Q:

AND WHERE DID YOU FIND THIS BLANKET, SIR?

# 32 A:

INSIDE THE HOUSE.

# 33 Q:

I UNDERSTAND THAT. WHEREABOUTS FROM INSIDE THE HOUSE?

# 34 A:

I BELIEVE SOMEONE MIGHT HAVE RETRIEVED IT FOR ME FROM UPSTAIRS SOMEWHERE. I DON'T RECALL.

# 35 Q:

ALL RIGHT. SO ALL YOU KNOW, IT WAS BROUGHT DOWN TO YOU AND THEN YOU THEN USED IT; IS THAT CORRECT?

# 36 A:

I BELIEVE SO, YES.

# 37 Q:

AND AS I UNDERSTAND FROM YOUR TESTIMONY YESTERDAY AND LOOKING AT THE VIDEO, THE LAST TIME YOU SAW THAT BLANKET WAS LEFT ON THE GROUND WHEN YOU LEFT THE LOCATION ABOUT 12:00 O'CLOCK ON JUNE 13TH; IS THAT CORRECT?

# 38 A:

YES.

# 39 Q:

NOW, YESTERDAY, YOU SHARED WITH US SOME THOUGHTS ABOUT WHEN YOU WERE SEARCHING THE CONDO IN THIS SUPERFICIAL SEARCH FOR DRUG MATERIAL AND I THINK YOU SAID YOU LOOKED AROUND THE CONDO; IS THAT CORRECT?

# 40 A:

I DID.

# 41 Q:

DID YOU EVER ACTUALLY LOOK INSIDE ANY DRAWERS IN ANY OF THE ROOMS YOURSELF?

# 42 A:

I DON'T BELIEVE I DID ON THAT PARTICULAR MORNING.

# 43 Q:

ALL RIGHT. DID YOU SEARCH THROUGH ANY CLOSETS ON THAT PARTICULAR MORNING, JUNE 13TH?

# 44 A:

I DID LOOK IN THE CLOSETS. AS FAR AS ACTUALLY SEARCHING AND REMOVING ITEMS, NO, BUT I DID LOOK IN CLOSETS.

# 45 Q:

ALL RIGHT. DID YOU SEARCH IN THE GARAGE AREA IN ANY CABINETS THAT MAY HAVE BEEN LOCATED IN THAT GARAGE AREA, SIR?

# 46 A:

I DID NOT ENTER ANY CABINETS, NO.

# 47 Q:

DID YOU SEARCH UNDER THE BEDS OR ANY OF THE MATTRESS UNDER THE BED AT ALL?

# 48 A:

I BELIEVE I PEERED UNDER THE BED. I DON'T RECALL.

# 49 Q:

AND WITH REGARD TO THE PHOTOGRAPHER YESTERDAY -- WE HAD A VIDEO -- IS MR. ROKAHR A SWORN POLICE PERSONNEL?

# 50 A:

NO.

# 51 Q:

HE'S A PHOTOGRAPHER HIRED BY WHAT DIVISION?

# 52 A:

HE'S ASSIGNED TO SCIENTIFIC INVESTIGATION DIVISION.

# 53 Q:

IS HE A FULL-TIME EMPLOYEE, IF YOU KNOW?

# 54 A:

I DON'T BELIEVE ANYMORE. I BELIEVE HE'S OFF WITH A HEALTH PROBLEM.

# 55 Q:

ALL RIGHT. HE'S NOT THERE NOW, BUT HE WAS BACK IN JUNE OF COURSE, RIGHT?

# 56 A:

YES.

# 57 Q:

WAS HE FULL-TIME AT THAT TIME, SIR?

# 58 A:

I BELIEVE HE WAS.

# 59 Q:

NOW, WITH REGARD TO YESTERDAY, WE TALKED BRIEFLY ABOUT DRUG KILLINGS AND ASKED SOME QUESTIONS ABOUT THEM. YOU HAVE FOUND IN YOUR EXPERIENCE, HAVE YOU NOT, THAT VERY OFTEN, WHEN A DRUG KILLING IS TO SEND A MESSAGE, THEY'RE ALSO CRIMES OF RAGE; ISN'T THAT CORRECT?

# 60 A:

WHEN A MESSAGE IS SENT?

# 61 Q:

YES. WHEN THE MESSAGE -- WHEN THE KILLING IS TO SEND A MESSAGE, THEY'RE VERY OFTEN CRIMES OF RAGE; ISN'T THAT CORRECT?

# 62 A:

WELL, I GUESS THAT IS OPEN TO INTERPRETATION.

# 63 Q:

WELL, SIR, I IMAGINE EVERYTHING IS AS YOU'VE SHARED YOUR INTERPRETATION WITH US. I'M ASKING YOU NOW ABOUT DRUG KILLINGS. IT'S TRUE, IS IT NOT, THAT SOMETIMES WHEN YOU HAVE THIS COLOMBIAN NECKLACE KILLINGS WE TALKED ABOUT YESTERDAY, THEY'RE CRIMES OF RAGE; ISN'T THAT CORRECT?

# 64 A:

I NEVER HANDLED A COLOMBIAN NECKLACE KILLING. I WOULD IMAGINE, HOWEVER, IF SOMEONE WERE TO KILL SOMEONE, THAT THERE CERTAINLY WOULD BE SOME RAGE INVOLVED TO THAT EXTENT.

KEY QUOTE

# 65 Q:

AND WHERE YOU WERE TALKING ABOUT OVERKILL, SOMETIMES YOU SEE IN THESE CRIMES OF MESSAGE THERE'S OVERKILL ALSO; ISN'T THAT CORRECT, SIR?

# 66 A:

YES.

# 67 Q:

NOW, AT ROCKINGHAM, YOU SPOKE ABOUT THE BRONCO, AND I THINK AT ONE POINT YOU TALKED ABOUT A LEFT-HAND SIDE DOOR HANDLE. DO YOU RECALL YOUR TESTIMONY IN THAT REGARD?

# 68 A:

YES.

# 69 Q:

DOESN'T MEAN SOMEONE COULDN'T OPEN THE DOOR WITH THEIR RIGHT HAND, DOES IT?

# 70 A:

THEY COULD, BUT IT WOULD BE IN AN AWKWARD ACKWARD POSITION.

# 71 Q:

SO YOUR ANSWER IS, IT COULD BE OPENED WITH THE RIGHT HAND OR EITHER HAND; ISN'T THAT CORRECT?

# 72 MS. CLARK:

OBJECTION. MISSTATES HIS TESTIMONY.

# 73 THE COURT:

OVERRULED.

# 74 Q:

BY MR. COCHRAN: NOW, IN THAT CONNECTION, SIR, YOU ALSO SHARED WITH US THAT YOU BELIEVED THAT AT THE TIME I BELIEVE YOU FIRST SAW THIS ERASER HEAD SIZE SPOT ON THE BRONCO THAT THE DOORS OF THE BRONCO WERE LOCKED. DID YOU SO INDICATE?

# 75 A:

I BELIEVE THEY WERE LOCKED.

# 76 Q:

DID YOU EVER CHECK THE HANDLE? DID YOU GO AND TOUCH THE HANDLE WITH YOUR LEFT HAND SO IT WOULDN'T BE AWKWARD AND MAKE A DETERMINATION WHETHER THOSE DOORS WERE LOCKED?

# 77 A:

I NEVER TOUCHED THE VEHICLE.

KEY QUOTE

# 78 Q:

SO THAT WAS JUST YOUR BELIEF THAT IT WAS LOCKED. YOU NEVER CHECKED IT AT THAT POINT, RIGHT?

# 79 A:

THAT'S CORRECT.

# 80 Q:

DID YOU LOOK INSIDE THAT BRONCO EITHER WITH A NAKED EYE OR A FLASHLIGHT, LOOK INSIDE TO SEE IF YOU SAW ANY BLOOD INSIDE THERE AT THAT POINT ON JUNE 13TH?

# 81 A:

I PEERED IN THE REAR OF THE VEHICLE AND OBSERVED SOME ITEMS IN THE REAR. I DID NOT PEER INTO THE FRONT.

# 82 Q:

I COULDN'T HEAR YOUR -- YOU DROPPED YOUR VOICE.

# 83 A:

I DID NOT PEER INTO THE FRONT. I PEERED INTO THE REAR OF THE VEHICLE AND OBSERVED SOME ITEMS IN THE REAR.

# 84 Q:

ALL RIGHT. YOU WERE ASKED SOME QUESTIONS ABOUT WHEN ARNELLE TOLD YOU THAT HER FATHER WAS IN CHICAGO. IN THE STATEMENT THAT I READ TO YOU BEFORE -- AND I'LL BE GLAD TO SHOW IT TO YOU AGAIN. IN THAT STATEMENT THAT WAS WRITTEN BY YOU IN YOUR REPORT, YOU INDICATED THAT MISS ARNELLE SIMPSON SAID THAT HER FATHER WAS IN CHICAGO; ISN'T THAT CORRECT?

# 85 A:

I BELIEVE SO.

# 86 Q:

ALL RIGHT. IN THAT STATEMENT, YOU DON'T MENTION ANYTHING AT ALL ABOUT CATHY RANDA OR WHAT YOU HEARD FROM CATHY RANDA, DO YOU?

# 87 A:

I DON'T BELIEVE I DO.

# 88 Q:

NOW, WITH REGARD TO THIS PARTICULAR CASE, ARE YOU AWARE THAT WHEN MR. SIMPSON RETURNED FROM CHICAGO VOLUNTARILY AND ARRIVED AT ROCKINGHAM, HE WAS IMMEDIATELY HANDCUFFED BY THE POLICE THERE? ARE YOU AWARE OF THAT?

# 89 A:

I HAD SEEN THAT, YES.

# 90 Q:

YOU SAW THAT ON VIDEO?

# 91 A:

THAT'S CORRECT.

# 92 Q:

YOU WEREN'T THERE AT THAT POINT; IS THAT CORRECT?

# 93 A:

THAT'S CORRECT.

# 94 Q:

YOU WERE AT OR ABOUT THAT TIME STILL, AS FAR AS YOU KNOW, YOU WERE AT BUNDY AND THEN YOU THEN WENT DOWNTOWN TO HAVE THIS CONVERSATION WITH MR. SIMPSON; IS THAT CORRECT?

# 95 A:

THAT'S CORRECT.

# 96 Q:

DO YOU KNOW IF HE WAS HANDCUFFED WHEN HE WENT DOWNTOWN?

# 97 A:

I DON'T BELIEVE HE WAS.

# 98 Q:

HE WAS HANDCUFFED AT THE SCENE, CORRECT?

# 99 A:

WHEN HE INITIALLY ARRIVED, I BELIEVE ONE OF THE OFFICERS ON THE PERIMETER DID HANDCUFF HIM BRIEFLY, YES.

# 100 Q:

NOW, WITH REGARD TO -- YOU MENTIONED THAT MR. O.J. SIMPSON HAD A CUT FINGER ON HIS LEFT HAND; IS THAT CORRECT?

# 101 A:

THAT'S CORRECT.

# 102 Q:

AND HE GAVE YOU AN EXPLANATION OF HOW HE GOT THAT CUT ON HIS LEFT HAND; DID HE NOT? HE CAN ANSWER THAT YES OR NO.

# 103 MS. CLARK:

OBJECTION, YOUR HONOR. CALLS FOR HEARSAY.

# 104 THE COURT:

SUSTAINED.

# 105 MR. COCHRAN:

DID HE GIVE AN EXPLANATION, YES OR NO.

# 106 THE COURT:

SUSTAINED.

# 107 MR. COCHRAN:

MAY WE APPROACH, YOUR HONOR, BECAUSE YOU WERE GOING TO CHECK ON SOMETHING ANYHOW ON THIS YESTERDAY. MAY WE APPROACH?

# 108 THE COURT:

YES.

Temperature

tense

Key Quotes (4)

Tom Lange

I NEVER TOUCHED THE VEHICLE.

Cochran establishes that Lange's claim the Bronco doors were locked was pure belief — he never actually checked the handle, undermining the evidentiary weight of his observations at the Bronco.

Tom Lange

I DID IT.

Lange admits he personally removed the blanket from inside Nicole Brown Simpson's home and placed it over her body — a significant evidence-handling admission given the contamination concerns around that scene.

Tom Lange

I SAW HER BRIEFLY LAST NIGHT. THERE WAS SOME DISCUSSION.

Lange acknowledges speaking with prosecutor Marcia Clark the prior evening about his testimony, which Cochran uses to imply coaching or coordination.

Tom Lange

I NEVER HANDLED A COLOMBIAN NECKLACE KILLING. I WOULD IMAGINE, HOWEVER, IF SOMEONE WERE TO KILL SOMEONE, THAT THERE CERTAINLY WOULD BE SOME RAGE INVOLVED TO THAT EXTENT.

Cochran draws a partial concession that message killings can also exhibit overkill and rage — softening the prosecution's narrative that rage-style wounds point exclusively to Simpson.

Evidence (4)

Informal

Cotton blanket taken from inside the Brown Simpson home by Lange and placed over Nicole's body

discussed — Lange confirms he retrieved it and placed it at the scene

Informal

TV news video showing candles burning inside the Bundy residence, viewed by Lange the prior Friday

referenced

Informal

Lange's written investigative report referencing Arnelle Simpson's statement that OJ was in Chicago

discussed — Cochran notes the report omits any mention of Cathy Randa

Informal

Ford Bronco parked at Rockingham — blood spot and locked doors

challenged — Lange admits he never physically checked whether doors were locked

Notable Exchanges (3)

Johnnie Cochran•Tom Lange

Cochran methodically extracts that Lange never touched the Bronco to verify it was locked, never looked inside the front of the vehicle, and never checked under beds or inside drawers during the June 13 walkthrough — establishing the 'search' was superficial.

strategic

Johnnie Cochran•Tom Lange

Cochran gets Lange to concede that drug message killings can also involve rage and overkill, chipping away at the prosecution's framing of the crime scene as uniquely consistent with a jealous ex-partner.

strategic

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran attempts to get Lange to confirm OJ gave an explanation for his cut finger. Clark objects on hearsay grounds; Ito sustains twice, and Cochran requests a sidebar.

procedural

Credibility Attacks (3)

⚔ Tom Lange

prior inconsistent omission

Cochran points out that Lange's written report references Arnelle's statement about OJ being in Chicago but omits any mention of what Cathy Randa said — suggesting the report is selectively documented.

⚔ Tom Lange

witness coaching implication

Cochran opens by establishing that Lange met briefly with Marcia Clark the previous evening to discuss his cross-examination testimony, implying potential witness preparation between sessions.

⚔ Tom Lange

impeachment by contradiction

Lange testified the Bronco doors were locked, but Cochran establishes he never physically verified this — he never touched the vehicle at all.

Objections

3 objections (2 sustained, 1 overruled)

Proceeding 5237 • 108 utterances • Prosecution witness

Criminal Trial

Department 103