Recross-examination of Tom Lange (part 3)

📄 Recross-examination of Tom Lange (part 3) — Thursday, March 9, 1995

Address:

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

TRIAL

▲ Day 34 of 167

◀ Sidebar: Cora Fischman Sidebar: publication review ▶

Witness: Det. Tom Lange
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, March 9, 1995 • Utterances: 109

Cochran recrosses Detective Lange on three fronts: first, he extracts a concession that a second killer could have fled the scene before Nicole's blood began flowing — partially undermining Lange's single-killer theory. He then introduces two autopsy/scene photos of Goldman's and Nicole's hands (Deft's 1050 and 1051), and raises a drug-investigation angle by asking whether anyone ever visited Faye Resnick at the Exodus rehab center to look for pay-and-owe drug notes. The proceeding ends mid-examination as Clark requests time to review a LaMothe Snyder homicide-investigation textbook (Deft's 1052) that Cochran is about to use to challenge Lange's methodology.

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

# 2 THE COURT:

THANK YOU, COUNSEL. PROCEED.

# 3 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 4 Q:

BY MR. COCHRAN: REGARDING YOUR THEORY THAT YOU SHARED WITH US I GUESS THE DAY BEFORE YESTERDAY NOW REGARDING THE FACT THAT THERE WAS ONLY ONE KILLER HERE, WOULD YOU AGREE YOU CAN NOT -- YOU WOULD NOT BE ABLE TO RULE OUT A SECOND KILLER IF ONE OF THE ASSAILANTS AT THE SCENE HAD BEEN STANDING IN THE DIRT AREA AND EITHER WALKED OUT BEFORE MISS SIMPSON STARTED TO BLEED OR WALKED OUT AS YOU DID, WITHOUT GETTING BLOOD ON HIS OR HER FEET? DO YOU AGREE WITH THAT, THAT WOULD TEND TO INDICATE THAT -- DEBUNK YOUR THEORY OF A SINGLE KILLER?

# 5 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

# 6 THE COURT:

OVERRULED.

# 7 DET. TOM LANGE:

NO, IT WOULDN'T.

# 8 Q:

BY MR. COCHRAN: IT WOULDN'T IF SOMEBODY WAS IN THE DIRT AND WALKED OUT AND YOU NEVER WERE AWARE THEY WERE THERE? THAT WOULDN'T DEBUNK YOUR THEORY ABOUT A SINGLE KILLER?

# 9 A:

WITH THE AMOUNT OF BLOOD AT THAT LOCATION, I WOULD HAVE SEEN SOME KIND OF A SHOEPRINT GOING THROUGH THAT BLOOD THE OTHER WAY.

KEY QUOTE

# 10 Q:

BUT, SIR, THE PART OF THE QUESTION I ASKED YOU WAS, IF THE PERSON WALKED OUT BEFORE THE BLOOD HAD STARTED TO FLOW, IF THAT HAD TAKEN PLACE, THEN YOU WOULD NOT KNOW, WOULD YOU? ISN'T THAT CORRECT, SIR?

# 11 A:

I AM SORRY?

# 12 Q:

YOU WOULD NOT KNOW, WOULD YOU, SIR?

# 13 A:

IF SOMEONE HAD LEFT PRIOR TO THE KILLING?

# 14 Q:

YES. NO. LEFT PRIOR TO MISS NICOLE BROWN SIMPSON STARTING TO BLEED AS SHE DID SO SO PROFUSELY.

KEY QUOTE

# 15 A:

PROBABLY NOT.

# 16 Q:

ALL RIGHT. THAT'S ALL I WAS ASKING. NOW, YESTERDAY, YOU SHARED WITH US THE FACT THAT YOU HAD -- ONE OF THE PUBLICATIONS YOU HAD LOOKED AT WAS A PUBLICATION BY LAMOYNE SNYDER.

# 17 MR. COCHRAN:

YOUR HONOR, I ONLY HAVE ONE COPY. I WANT TO SHOW THIS OF COURSE TO COUNSEL. THEN I WANT TO APPROACH THE WITNESS.

# 18 MR. DARDEN:

YOUR HONOR, CAN WE GET TWO COPIES OF THIS DOCUMENT BEFORE IT'S SHOWN?

# 19 MS. CLARK:

COUNSEL IS NOT TELLING ME WHAT HE WANTS TO SHOW.

# 20 THE COURT:

HOW MANY PAGES IS THIS, MR. COCHRAN?

# 21 MR. COCHRAN:

YOUR HONOR, IT IS --

# 22 THE COURT:

PERHAPS WE CAN HAVE ONE OF THE LAW CLERKS STEP OUT.

# 23 MR. COCHRAN:

IT'S ABOUT SEVEN PAGES, YOUR HONOR. I WANT TO USE PORTIONS OF SEVERAL OF THE PAGES.

# 24 THE COURT:

ALL RIGHT. LET'S --

# 25 MR. COCHRAN:

AND I CAN -- WHILE THEY'RE DOING THAT, IF THE COURT PLEASES, I CAN DO SOMETHING ELSE.

# 26 THE COURT:

ALL RIGHT.

# 27 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 28 THE COURT:

HOW ABOUT FIVE COPIES? THANK YOU. COUNSEL, PROCEED.

# 29 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 30 Q:

BY MR. COCHRAN: THIS PUBLICATION WE ARE ABOUT TO GET, THAT'S LAMOYNE SNYDER AND THAT'S A BOOK ON HOMICIDAL INVESTIGATIONS YOU REFERRED TO YESTERDAY; IS THAT CORRECT?

# 31 A:

THERE IS A BOOK BY LAMOYNE SNYDER ON HOMICIDE INVESTIGATIONS, YES, SEVERAL EDITIONS I BELIEVE.

# 32 Q:

ALL RIGHT. DO YOU RECALL WHAT EDITION YOU HAD READ SOME 10 OR 15 YEARS AGO?

# 33 A:

NO.

# 34 Q:

YOU DON'T AT THIS POINT?

# 35 A:

NO.

# 36 Q:

ALL RIGHT. WITH REGARD TO -- MISS CLARK ASKED YOU SEVERAL DAYS AGO WHETHER OR NOT YOU HAD SEEN ANY PAY AND OWE NOTES, I PRESUME PAY AND OWE NOTES BEING SOME INDICATION THAT SOMEBODY OWED FOR SOME DRUGS OBTAINED. REMEMBER THOSE QUESTIONS?

# 37 A:

THOSE ARE THOSE TYPES OF NOTES SOMETIMES FOR PEOPLE WHO ARE INVOLVED IN NARCOTICS, YES.

# 38 Q:

YOU RECALL BEING ASKED ABOUT THAT, RIGHT?

# 39 A:

YES, I DO.

# 40 Q:

DID YOU EVER AT ANY TIME GO TO EXODUS AND TALK WITH OR SEE FAYE RESNICK TO SEE IF SHE HAD ANY PAY AND OWE NOTES AT EXODUS?

# 41 A:

NO.

# 42 Q:

NOW, AT THE AUTOPSY -- YOU WERE PRESENT DURING THE ENTIRE AUTOPSY; IS THAT CORRECT?

# 43 A:

YES.

# 44 Q:

AND DID YOU SEE ANY PHOTOGRAPHS TAKEN DURING THE AUTOPSY, SPECIFICALLY OF MR. GOLDMAN'S HANDS?

# 45 A:

I BELIEVE THERE WERE PHOTOGRAPHS TAKEN PRIOR. GENERALLY WHAT THEY WILL DO IS CLEAN THE BODIES UP AND TAKE PHOTOGRAPHS PRIOR TO THE ACTUAL AUTOPSY.

# 46 Q:

ALL RIGHT. I WOULD LIKE TO SHOW YOU A PHOTOGRAPH THAT PURPORTS TO BE MR. GOLDMAN'S HANDS.

# 47 MR. COCHRAN:

YOUR HONOR, ASK THE PHOTOGRAPH -- CUT THE FEE, YOUR HONOR? I BELIEVE IT'S THE HAND.

# 48 THE COURT:

YES.

# 49 Q:

BY MR. COCHRAN: ALL RIGHT. DO YOU RECALL WHETHER OR NOT YOU WERE PRESENT AT OR ABOUT THE TIME THAT THIS PHOTOGRAPH WAS TAKEN OF MR. GOLDMAN'S HANDS AT THE CORONER'S OFFICE ON OR ABOUT JUNE 15TH, 1994?

# 50 A:

IT WAS PROBABLY -- I AM SORRY?

# 51 THE COURT:

APPEARS TO BE A RIGHT HAND.

# 52 MR. COCHRAN:

YES, YOUR HONOR.

# 53 DET. TOM LANGE:

I WAS NOT PRESENT FOR THIS PARTICULAR PHOTOGRAPH. I BELIEVE THESE WERE TAKEN ACTUALLY PRIOR TO AUTOPSY AND SUBSEQUENT CLEAN UP.

# 54 Q:

BY MR. COCHRAN: BUT YOU IN FACT SAW MR. GOLDMAN'S HANDS ON THAT PARTICULAR DAY; DID YOU NOT?

# 55 A:

YES.

# 56 Q:

AND WOULD THIS -- IS THIS PHOTOGRAPH A FAIR AND ACCURATE PORTRAYAL OF THE WAY HIS HANDS APPEARED AT OR ABOUT THAT TIME, THE BRUISES ON THE RIGHT HAND AND RIGHT KNUCKLE AREA?

# 57 A:

I BELIEVE SO.

# 58 MR. COCHRAN:

YOUR HONOR, I WOULD LIKE TO MARK THIS EXHIBIT AS DEFENDANT'S 1050 IF I CAN.

# 59 THE COURT:

1050.

# 60 (DEFT'S 1050 FOR ID = PHOTO, GOLDMAN'S RT HAND)

# 61 MR. COCHRAN:

WE ARE HAVING THAT MARKED NOW AT THIS POINT.

# 62 Q:

BY MR. COCHRAN: AND WITH REGARD TO THE HANDS OF THE INDIVIDUALS --

# 63 MR. COCHRAN:

YOUR HONOR, I WANT TO HAVE THE COURT CUT THE FEED AND SHOW ANOTHER PHOTOGRAPH. SHOWING IT TO COUNSEL, YOUR HONOR.

# 64 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 65 THE COURT:

1050.

# 66 MR. COCHRAN:

YOUR HONOR, I'VE SHOWN COUNSEL A PHOTOGRAPH WHICH I'LL NOW MARK AS DEFENDANT'S 1051 IF THE COURT WOULD ALLOW.

# 67 (DEFT'S 1051 FOR ID = PHOTO)

# 68 MR. COCHRAN:

AND, YOUR HONOR, COUNSEL AND I HAVE BLOCKED OUT THE FACE OR TRIED TO BLOCK OUT THE FACE OF THE PHOTOGRAPH AND THE COURT MAY WANT TO CUT THE FEED, KEEP THE FEED CUT.

# 69 THE COURT:

ALL RIGHT.

# 70 Q:

BY MR. COCHRAN: THIS IS DEFENDANT'S 1051. CAN YOU SEE THAT --

# 71 MR. COCHRAN:

PULL IT BACK A LITTLE BIT, MR. HARRIS, PLEASE, SIR. MORE.

# 72 Q:

BY MR. COCHRAN: DID YOU -- WERE YOU PRESENT WHEN YOU SAW THIS PARTICULAR PHOTOGRAPH OF APPARENTLY THE RIGHT HAND OF MISS NICOLE BROWN SIMPSON WITH FINGERNAILS, ET CETERA, APPARENTLY ALONG -- BEING HELD BY SOMEONE WHO HAS GLOVES ON EXAMINING THOSE HANDS?

# 73 A:

YES.

# 74 Q:

AND WHERE WAS THAT PHOTOGRAPH TAKEN?

# 75 A:

I RECALL THOSE TYPES OF PHOTOGRAPHS BEING TAKEN AT THE SCENE, BUT I CAN NOT ORIENT THIS PARTICULAR ONE. I DON'T KNOW WHERE THIS WAS TAKEN.

# 76 Q:

ALL RIGHT. DO YOU SEE THE JEWELRY ON THE LEFT HAND OF THE PERSON WHO'S HOLDING MISS NICOLE BROWN SIMPSON'S HAND? SEE THE JEWELRY?

# 77 A:

YES.

# 78 Q:

AND DOES THAT APPEAR TO YOU -- SEEING THAT JEWELRY, DOES THAT REFRESH YOUR RECOLLECTION THAT WAS PERHAPS A FEMALE WHO WAS WEARING THAT KIND OF JEWELRY?

# 79 A:

MAY WELL BE. DOESN'T REFRESH MY RECOLLECTION.

# 80 Q:

WELL, AT THE SCENE, IF THIS PICTURE WAS TAKEN AT THE SCENE, WERE THERE ANY OTHER FEMALES THERE WHO WOULD HAVE BEEN DEALING WITH THE BODIES OTHER THAN MISS RATCLIFFE, THE CORONER'S INVESTIGATOR, THAT WE'VE SEEN EARLIER?

# 81 A:

NO.

# 82 Q:

SO BEST -- YOUR BELIEF IS, IT'S PROBABLY MISS RATCLIFFE; IS THAT CORRECT?

# 83 MS. CLARK:

OBJECTION. THAT'S SPECULATION.

# 84 THE COURT:

SUSTAINED.

# 85 Q:

BY MR. COCHRAN: WELL, WHO DO YOU THINK THAT IS?

# 86 A:

I DON'T KNOW.

# 87 MS. CLARK:

SAME OBJECTION.

# 88 THE COURT:

HE INDICATED HE DOESN'T KNOW.

# 89 MR. COCHRAN:

ALL RIGHT. THANK YOU, YOUR HONOR.

# 90 Q:

BY MR. COCHRAN: DO YOU BELIEVE THAT PICTURE WAS TAKEN AT THE SCENE HOWEVER?

# 91 A:

AGAIN, I DON'T KNOW. IT MAY HAVE BEEN AT THE CORONER'S OFFICE.

# 92 Q:

ALL RIGHT. VERY WELL. THANK YOU VERY MUCH. NOW, YOU YESTERDAY HAD INDICATED TO US READING FROM OR BEING AWARE OF A PUBLICATION BY LAMOYNE SNYDER AND I THINK YOU TOLD US THAT YOU DON'T KNOW THE EDITION, BUT I THINK YOU TOLD US WAS SOMEWHERE, PERHAPS 10 OR 15 YEARS AGO; IS THAT CORRECT?

# 93 A:

PERHAPS.

# 94 Q:

ALL RIGHT. I WOULD LIKE TO APPROACH AND I -- THE COURT HAS NOW PROVIDED US WITH SOME COPIES OF THIS PUBLICATION, AND I'M JUST ASKING YOU TO PLACE A COPY HERE FOR YOU AND I WILL ASK YOU A COUPLE QUESTIONS IF I MIGHT.

# 95 MR. COCHRAN:

AND I GUESS, YOUR HONOR -- I GUESS I SHOULD PROBABLY MARK THIS SO THAT WE HAVE A NUMBER TO REFER TO. AND THIS WILL BE DEFENDANT'S 105 --

# 96 THE COURT:

-2.

# 97 MR. COCHRAN:

-2.

# 98 (DEFT'S 1052 FOR ID = PUBLICATION)

# 99 MS. CLARK:

PERHAPS THE PEOPLE WOULD BE ALLOWED TO READ THIS BEFORE COUNSEL BEGINS HIS EXAMINATION ON THE MATERIAL. WE HAVE JUST THIS MINUTE BEEN GIVEN THIS BY COUNSEL.

# 100 THE COURT:

ALL RIGHT. TAKE A MOMENT.

# 101 (BRIEF PAUSE.)

# 102 THE COURT:

AND, MR. COCHRAN, THERE APPEARS TO BE CHECKMARKS ALONG THE TEXT. IS THAT --

# 103 MR. COCHRAN:

YES. AND WE'LL BLOCK THOSE OUT, TRY TO MAKE A CLEAN COPY.

# 104 MR. COCHRAN:

WHILE COUNSEL IS LOOKING AT THAT, YOUR HONOR, MAY I ASK ANOTHER QUESTION IN A DIFFERENT AREA?

# 105 THE COURT:

NO. THEY NEED TO BE ABLE TO CONCENTRATE ON WHAT THEY'RE READING.

KEY QUOTE

# 106 (BRIEF PAUSE.)

# 107 THE COURT:

MISS HAYSLETT, HERE'S A COPY FOR YOU.

# 108 MS. CLARK:

I WOULD LIKE TO APPROACH, YOUR HONOR.

# 109 THE COURT:

ALL RIGHT. WITH THE REPORTER.

Temperature

procedural

Key Quotes (3)

Tom Lange

WITH THE AMOUNT OF BLOOD AT THAT LOCATION, I WOULD HAVE SEEN SOME KIND OF A SHOEPRINT GOING THROUGH THAT BLOOD THE OTHER WAY.

Lange defending his single-killer theory — but Cochran's follow-up forces him to admit someone could have left before bleeding began.

Tom Lange

PROBABLY NOT.

The key concession: Lange admits he would not have known if a second person left the scene before Nicole began bleeding, partially undermining his single-killer theory.

Tom Lange

NO.

Lange confirms no one from the investigation ever went to Exodus rehab to question Faye Resnick about drug pay-and-owe notes — suggesting a gap in the alternative-motive investigation.

Evidence (3)

Defendant's 1050

Photograph of Ron Goldman's right hand, showing bruising on knuckles, taken at coroner's office on or about June 15, 1994

introduced and authenticated by Lange

Defendant's 1051

Photograph of Nicole Brown Simpson's right hand (face blocked out) being examined by a gloved individual wearing jewelry — location disputed (scene vs. coroner's office)

introduced; Lange could not identify location or person holding the hand

Defendant's 1052

LaMothe Snyder publication on homicide investigations — the textbook Lange said he had read 10-15 years prior

marked for ID; examination paused while prosecution reviewed it

Notable Exchanges (4)

Johnnie Cochran•Tom Lange

Cochran walks Lange through a hypothetical: if a second assailant stood in the dirt area and left before Nicole's blood began flowing, Lange would have no evidence of that person. Lange initially resists, citing he would have seen shoeprints through the blood, but ultimately concedes 'probably not' when the question is narrowed to pre-bleed departure.

strategic

Johnnie Cochran•Tom Lange

Cochran asks whether anyone from the investigation ever went to Exodus recovery center to question Faye Resnick about drug pay-and-owe notes. Lange says no — a brief but pointed exchange suggesting the defense's drug-motive theory was not followed up by police.

revealing

Johnnie Cochran•Tom Lange

Cochran shows a photo of an unidentified gloved person holding Nicole's hand and asks about jewelry visible on that person's hand, suggesting it may be a female (possibly coroner's investigator Ratcliffe). Lange cannot orient the photo or identify the individual.

strategic

Lance A. Ito•Johnnie Cochran

Ito notices checkmarks in the Snyder publication Cochran is about to use; Cochran agrees to produce a clean copy. Ito then refuses Cochran's request to examine on another topic while Clark reads the publication, telling him counsel needs to concentrate.

procedural

Credibility Attacks (3)

⚔ Tom Lange

logical challenge to prior testimony

Cochran extracts a concession undermining Lange's single-killer theory: a second assailant could have been present and departed before Nicole's blood flowed, leaving no trace evidence Lange would have detected.

⚔ LAPD investigation

omission / investigative gap

Cochran establishes that detectives never visited Faye Resnick at Exodus rehab to look for drug pay-and-owe notes, suggesting the drug-motive angle was not seriously pursued.

⚔ Tom Lange

learned treatise (pending)

Cochran introduces the LaMothe Snyder homicide investigation publication — which Lange himself cited — apparently intending to use its text to challenge Lange's methodology. Examination was paused before this line could be completed.

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 5241 • 109 utterances • Prosecution witness

Criminal Trial

Department 103