Recross-examination of Tom Lange (part 2)

📄 Recross-examination of Tom Lange (part 2) — Thursday, March 9, 1995

Address:

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

TRIAL

▲ Day 34 of 167

◀ Sidebar: cut finger testimony Sidebar: Cora Fischman ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, March 9, 1995 • Utterances: 95

Cochran questions lead detective Tom Lange about the geographic scope of the investigation — searches in Chicago, Alabama, Missouri, and other states — and whether investigators ever recovered bloody clothing or the murder weapon (they did not). Cochran also revisits the Ben and Jerry's ice cream melting timeline established the prior day, then attempts to ask about Nicole's friend Cora Fischman before being cut off by sustained objections.

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

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. COCHRAN.

# 3 MR. COCHRAN:

THANK YOU.

# 4 Q:

BY MR. COCHRAN: DID YOU DISCUSS WITH MR. SIMPSON HIS CUT FINGER? CAN YOU ANSWER THAT YES OR NO?

# 5 A:

YES.

# 6 Q:

AND WAS THAT WHEN YOU WERE DOWNTOWN AT THE PARKER CENTER AFTER 1:30 ON JUNE 13TH, 1994, SIR?

# 7 A:

YES.

# 8 Q:

NOW, AS PART OF YOUR INVESTIGATION HERE, YOU ALSO -- DID YOU SEND OFFICERS TO CHICAGO AS PART OF THE INVESTIGATION?

# 9 A:

YES, I DID.

# 10 MS. CLARK:

OBJECTION, YOUR HONOR.

# 11 THE COURT:

OVERRULED.

# 12 Q:

BY MR. COCHRAN: AND WHAT WAS THE NAME OF THE OFFICER OR OFFICERS YOU SENT TO CHICAGO?

# 13 A:

DETECTIVES LUPER --

# 14 MS. CLARK:

EXCEEDS THE SCOPE, TOTALLY EXCEEDS THE SCOPE.

# 15 MR. COCHRAN:

I WOULD LIKE TO MAKE HIM MY OWN WITNESS FOR THIS POINT, YOUR HONOR.

# 16 MS. CLARK:

HE CAN CALL HIM IN HIS CASE IN CHIEF.

# 17 MR. COCHRAN:

SHE'S ARGUING, YOUR HONOR.

# 18 THE COURT:

HOLD ON. HOLD ON. OVERRULED. PROCEED.

# 19 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 20 Q:

BY MR. COCHRAN: WHAT WAS THE NAME OF THE OFFICER OR OFFICERS YOU SENT TO CHICAGO, SIR, IN THIS CASE?

# 21 A:

DETECTIVES LUPER, L-U-P-E-R, AND LE FALL, CAPITAL L-E CAPITAL F-A-L-L.

# 22 Q:

AND CAN YOU TELL US, DETECTIVE, WHEN THEY WENT TO CHICAGO AS PART OF THIS INVESTIGATION?

# 23 A:

I BELIEVE IT WAS SHORTLY AFTER THE MURDERS, A WEEK OR SO, 10 DAYS. I DON'T RECALL EXACTLY.

# 24 Q:

A WEEK --

# 25 A:

PERHAPS LONGER.

# 26 Q:

A WEEK OR SO AFTER JUNE 12TH; IS THAT CORRECT?

# 27 A:

PERHAPS. I DON'T HAVE THE LOG IN FRONT OF ME.

# 28 Q:

NOW, IN THE COURSE OF YOUR INVESTIGATION, SIR, YOU HAD AN EXTENSIVE SEARCH CONDUCTED LOOKING FOR BLOODY CLOTHES AND LOOKING FOR A BLOODY KNIFE OR KNIVES; ISN'T THAT CORRECT?

# 29 A:

THERE WERE SEARCHES, YES.

# 30 Q:

ALL RIGHT. AND WHERE ALL DID YOU HAVE SEARCHED? WHERE DID YOU HAVE SEARCHED?

# 31 MS. CLARK:

SAME OBJECTION, YOUR HONOR.

# 32 THE COURT:

OVERRULED.

# 33 DET. TOM LANGE:

THERE WERE SEARCHES FOR BLOODY CLOTHING AROUND THE LOCATION AT BUNDY, TRASH CANS AT THE LOCATION, A DUMPSTER IN THE ADJOINING CONDOMINIUM, THE ALLEYWAY, THE SHRUBBERIES AROUND THE HOUSE, IMMEDIATE AREA. THERE WAS SEARCHES CONDUCTED ON FOOT BETWEEN THE BUNDY AND THE ROCKINGHAM LOCATIONS, VARIOUS TRASH CANS, TRASH CONTAINERS. THERE WAS A VACANT FIELD OFF OF SUNSET THAT WAS SEARCHED AS WERE SEVERAL AREAS THAT CAME TO OUR ATTENTION BY VARIOUS LEADS THAT WE RECEIVED THAT ARE DOCUMENTED.

KEY QUOTE

# 34 Q:

BY MR. COCHRAN: AND YOU DOCUMENTED ALL THESE SEARCHES? DID YOU SEARCH IN CHICAGO, ILLINOIS?

# 35 A:

THERE WAS A SEARCH IN CHICAGO, YES.

# 36 Q:

AND WAS THAT DONE BY CHICAGO POLICE OR BY DETECTIVES LUPER AND LE FALL, IF YOU KNOW?

# 37 A:

BOTH.

# 38 Q:

SO WHEN THEY WENT BACK, THEY ALSO SEARCHED, BUT YOU ALSO HAD IT DONE BY CHICAGO POLICE WHO WORKED WITH YOU; IS THAT CORRECT?

# 39 A:

THE CHICAGO POLICE ASSISTED US.

# 40 Q:

AND DURING THE COURSE OF THESE VARIOUS SEARCHES, A NUMBER OF WEAPONS WERE TURNED IN, IS THAT CORRECT, THAT YOU FOUND A NUMBER OF WEAPONS?

# 41 A:

THERE WERE SOME KNIVES THAT WERE FOUND, YES.

# 42 Q:

DID YOU EVER FIND ANY BLOODY CLOTHES?

# 43 MS. CLARK:

SAME OBJECTION, YOUR HONOR.

# 44 DET. TOM LANGE:

NO.

# 45 THE COURT:

OVERRULED.

# 46 Q:

BY MR. COCHRAN: NOW, WITH REGARD TO THIS CASE, YOU SHARED WITH US YESTERDAY THAT YOU HAD INTERVIEWED SOME ONE HUNDRED AND SEVENTY WITNESSES, THEREABOUTS; IS THAT CORRECT?

# 47 A:

I BELIEVE THERE WAS SOMETHING LIKE A HUNDRED SEVENTY FORMAL INTERVIEWS, YES.

# 48 Q:

FORMAL INTERVIEWS. AND YOU'VE ALSO BEEN ALL AROUND THE WORLD IN TALKING TO PEOPLE IN CONNECTION WITH THIS INVESTIGATION, ISN'T THAT CORRECT, YOU AS AN INVESTIGATOR?

# 49 A:

I HAVEN'T PHYSICALLY BEEN AROUND THE WORLD. WE'VE HAD INFORMATION WE RECEIVED FROM VARIOUS PARTS OF THE WORLD, YES.

KEY QUOTE

# 50 Q:

WELL, I'M NOT TALKING SO MUCH ABOUT YOU. I'M TALKING ABOUT YOU AS THE LEAD INVESTIGATOR, YOU'VE HAD OCCASION TO HAVE PEOPLE GO TO PLACES AROUND THE WORLD IN THE COURSE OF THIS INVESTIGATION; ISN'T THAT CORRECT?

# 51 A:

I WOULDN'T SAY AROUND THE WORLD. THIS COUNTRY.

# 52 Q:

WELL, HAVEN'T YOU HAD SOMEBODY GO TO ITALY?

# 53 A:

I HAVE NOT, NO.

# 54 Q:

HAVE YOU HAD ANYBODY IN CONNECTION -- ONE OF THE INVESTIGATORS IN THIS CASE GO TO ITALY?

# 55 A:

I HAVE NOT. I BELIEVE THE DISTRICT ATTORNEY'S OFFICE MAY HAVE.

KEY QUOTE

# 56 Q:

WELL, THAT'S PART OF THE PROSECUTION TEAM, ISN'T IT, SIR?

# 57 A:

YES, BUT THAT WASN'T DONE AT MY DIRECTION.

# 58 Q:

ALL RIGHT. HAVE YOU HAD INDIVIDUALS GO TO NEW YORK?

# 59 A:

YES.

# 60 Q:

HAD INDIVIDUALS GO TO CONNECTICUT?

# 61 A:

YES.

# 62 Q:

INDIVIDUALS GO TO ALASKA?

# 63 MS. CLARK:

OBJECTION. THIS IS ALL VAGUE. FOR WHAT PURPOSE?

# 64 THE COURT:

OVERRULED.

# 65 Q:

BY MR. COCHRAN: ALASKA?

# 66 A:

I DON'T RECALL ALASKA.

# 67 Q:

MIAMI, FLORIDA?

# 68 MS. CLARK:

OBJECTION. VAGUE. SEARCH FOR BLOODY CLOTHING? WHAT?

# 69 THE COURT:

OVERRULED.

# 70 Q:

BY MR. COCHRAN: MIAMI, FLORIDA?

# 71 A:

I DON'T RECALL SENDING ANYBODY TO FLORIDA.

# 72 Q:

BAHAMAS?

# 73 A:

ON THIS CASE, NO.

# 74 Q:

WHAT OTHER JURISDICTIONS HAVE YOU SENT PEOPLE TO UNDER YOUR JURISDICTION?

# 75 A:

ALABAMA.

# 76 Q:

ALL RIGHT. ANY OTHER STATES?

# 77 A:

THERE MAY BE ONE OR TWO OTHERS. I DON'T RECALL.

# 78 Q:

YOU CAN'T THINK OF THEM NOW?

# 79 A:

THAT'S CORRECT.

# 80 Q:

ANY FOREIGN JURISDICTIONS?

# 81 A:

I DON'T RECALL SENDING ANYONE TO A FOREIGN JURISDICTION.

# 82 Q:

NOW, IN THE ICE CREAM -- WHAT ABOUT MISSOURI? SEND SOMEBODY TO MISSOURI?

# 83 A:

YES. THERE WAS SOMEONE SENT TO MISSOURI.

# 84 Q:

IN THE ICE CREAM EXAMPLE THAT WE TALKED ABOUT YESTERDAY, THERE WERE PHOTOGRAPHS OF THE BEN AND JERRY ICE CREAM, SO THAT WE'RE CLEAR, THE -- IN THE TESTS DONE BY THE DETECTIVE, THAT PARTICULAR ICE CREAM IN THE CONTAINER MELTED IN ABOUT AN HOUR AND 15 MINUTES; IS THAT CORRECT?

# 85 A:

THAT'S CORRECT.

# 86 Q:

NOW, ARE YOU AWARE OF A LADY BY THE NAME OF CORA FISCHMAN?

# 87 A:

YES.

# 88 Q:

AND HAVE YOU HAD OCCASION TO REVIEW ANY STATEMENTS TAKEN FROM HER?

# 89 MS. CLARK:

OBJECTION. BEYOND THE SCOPE.

# 90 THE COURT:

SUSTAINED.

# 91 Q:

BY MR. COCHRAN: WITH REGARD TO CORA FISCHMAN, ARE YOU AWARE THAT SHE WAS A FRIEND OF --

# 92 MS. CLARK:

OBJECTION. BEYOND THE SCOPE.

# 93 THE COURT:

SUSTAINED.

# 94 MR. COCHRAN:

AS TO CORA FISCHMAN, YOUR HONOR? I WOULD ASK LEAVE -- MAY WE APPROACH?

# 95 THE COURT:

YES.

Temperature

procedural

Key Quotes (4)

Tom Lange

THERE WERE SEARCHES FOR BLOODY CLOTHING AROUND THE LOCATION AT BUNDY, TRASH CANS AT THE LOCATION, A DUMPSTER IN THE ADJOINING CONDOMINIUM, THE ALLEYWAY, THE SHRUBBERIES AROUND THE HOUSE, IMMEDIATE AREA. THERE WAS SEARCHES CONDUCTED ON FOOT BETWEEN THE BUNDY AND THE ROCKINGHAM LOCATIONS, VARIOUS TRASH CANS, TRASH CONTAINERS. THERE WAS A VACANT FIELD OFF OF SUNSET THAT WAS SEARCHED AS WERE SEVERAL AREAS THAT CAME TO OUR ATTENTION BY VARIOUS LEADS THAT WE RECEIVED THAT ARE DOCUMENTED.

Establishes the sweeping scope of the search — and sets up the damaging follow-up that none of it produced bloody clothes.

Tom Lange

NO.

One-word answer confirming the investigation never found bloody clothing despite searching multiple states — a central defense point about missing physical evidence.

Tom Lange

I HAVEN'T PHYSICALLY BEEN AROUND THE WORLD. WE'VE HAD INFORMATION WE RECEIVED FROM VARIOUS PARTS OF THE WORLD, YES.

Lange gently corrects Cochran's framing while inadvertently confirming the investigation's international reach.

Tom Lange

I BELIEVE THE DISTRICT ATTORNEY'S OFFICE MAY HAVE. [...] YES, BUT THAT WASN'T DONE AT MY DIRECTION.

Lange distances himself from an Italy trip, but Cochran pivots to note the DA's office is part of the prosecution team — reinforcing the breadth of the search.

Evidence (3)

Informal

Ben and Jerry's ice cream melting test — established that ice cream melted in approximately 1 hour and 15 minutes, relevant to timeline of events on the night of the murders

discussed, confirmed

Informal

Knives recovered during searches — several knives found but no murder weapon identified

discussed

Informal

Bloody clothing — never found despite extensive searches across multiple locations and states

absence confirmed

Notable Exchanges (3)

Johnnie Cochran•Tom Lange

Cochran walks Lange through a rapid-fire list of states — New York, Connecticut, Alaska, Florida, Bahamas, Missouri, Alabama — asking if investigators were sent there, methodically building the picture of a massive search that still came up empty.

strategic

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark objects that Cochran's examination exceeds scope and seeks to make Lange his own witness for the Chicago officers question; Ito overrules and allows it to proceed.

procedural

Johnnie Cochran•Marcia Clark

Cochran attempts twice to ask about Cora Fischman (a close friend of Nicole Brown Simpson); both attempts are blocked as beyond scope, ending the examination at the bench.

strategic

Credibility Attacks (1)

⚔ Tom Lange

omission/absence of evidence

Cochran establishes that despite 170+ formal interviews, searches across multiple states, and involvement of Chicago police, investigators never recovered bloody clothing — implying the physical evidence trail does not support the prosecution's theory.

Objections

9 objections (2 sustained, 7 overruled)

Proceeding 5239 • 95 utterances • Prosecution witness

Criminal Trial

Department 103