Marcia Clark continues redirect examination of Detective Lange, covering the factors used to establish time of death (liver temperature, stomach contents, lividity, witness statements), the evidentiary integrity of the ski cap found at the scene, blood and shoeprint evidence on the front walkway, tire tracks near Nicole's black Jeep in the rear driveway, and the condition of the melting Ben & Jerry's ice cream as a time-of-death indicator. The examination is heavily contested by Cochran with a high volume of objections, mostly overruled.
# 1 THE COURT: ALL RIGHT. THANK YOU, COUNSEL. MISS CLARK, YOU MAY CONTINUE.
# 2 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 3 Q: BY MS. CLARK: ALL RIGHT. DETECTIVE LANGE, IN THIS PARTICULAR CASE WHAT DID YOU CONSIDER IN TERMS OF THE FACTORS THAT ASSISTED YOU IN DETERMINING THE RANGE BETWEEN WHICH -- THE RANGE OF TIME BETWEEN WHICH DEATH OCCURRED FOR THE VICTIMS?
# 4 A: I CONSIDERED THE LAST TIME THAT THE VICTIMS WERE SEEN ALIVE. I CONSIDERED THEIR LIVER TEMPERATURES. I CONSIDERED THE TIME THAT THEY WERE DISCOVERED. AND I CONSIDERED THE FINDINGS OF THE CORONER'S OFFICE.
# 5 Q: DID YOU CONSIDER -- EXCUSE ME.
# 6 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 7 Q: BY MS. CLARK: DID YOU CONSIDER ALSO THE STATEMENTS OF WITNESSES, SIR?
# 8 MR. COCHRAN: LEADING AND SUGGESTIVE, YOUR HONOR.
# 9 THE COURT: OVERRULED.
# 10 DET. TOM LANGE: YES, THAT WOULD GO TO THE LAST TIME THAT THEY WERE SEEN AND THE TIME THAT THEY WERE FOUND.
# 11 Q: BY MS. CLARK: DO YOU RECALL REVIEWING ANY STATEMENTS CONCERNING WITNESSES WHO LIVED IN THE NEIGHBORHOOD WHO HEARD DOGS BARKING?
# 13 MR. COCHRAN: OBJECTION, YOUR HONOR, LEADING AND SUGGESTIVE.
# 14 THE COURT: OVERRULED.
# 15 Q: BY MS. CLARK: DID THAT PLAY ANY PART IN YOUR DETERMINATION AS TO THE RANGE OF TIME WITHIN WHICH DEATH OCCURRED?
# 17 Q: HAD YOU CALLED FOR THE CORONER TO TAKE A LIVER TEMPERATURE AT MIDNIGHT, WOULD THAT HAVE BEEN ABLE TO NARROW THE TIME FRAME THAT YOU CAME UP WITH, THAT IS, BETWEEN 9:00 AND 12:00, ANY BETTER?
# 18 MR. COCHRAN: OBJECTION, YOUR HONOR, CALLS FOR SPECULATION.
# 19 THE COURT: OVERRULED.
# 20 DET. TOM LANGE: I DON'T BELIEVE SO.
# 21 Q: BY MS. CLARK: WITH RESPECT TO THIS PUBLICATION ALSO, SIR, IS THERE A SECTION ON PAGE 30 AND 31 CONCERNING IMMEDIATE SIGNS OF DEATH?
# 23 Q: AND DOES THAT TALK ABOUT METHODS BY WHICH TO ESTABLISH THAT A PERSON HAS IN FACT DECEASED?
# 24 MR. COCHRAN: OBJECTION, YOUR HONOR. THE PUBLICATION SPEAKS FOR ITSELF. IT IS IMPROPER.
# 25 THE COURT: OVERRULED.
# 26 DET. TOM LANGE: YES, IT DOES.
# 27 Q: BY MS. CLARK: AND UNDER NO. 3 ON PAGE 31, DOES IT TALK ABOUT A METHOD OF DETERMINING WHETHER OR NOT SOMEONE HAS DIED THROUGH THEIR EYES?
# 28 A: THROUGH THE EYEBALLS AND THE CHANGES IN THE PUPIL, YES.
# 29 Q: DOES IT SAY ANYTHING ABOUT DETERMINING WHETHER OR NOT DEATH HAS OCCURRED BY TOUCHING THE EYEBALL?
# 31 Q: AND WHAT DOES IT SAY IN THAT REGARD?
# 32 MR. COCHRAN: YOUR HONOR, OBJECTION.
# 34 MR. COCHRAN: HEARSAY, YOUR HONOR.
# 35 THE COURT: SUSTAINED.
# 36 Q: BY MS. CLARK: THERE IS A METHOD THERE INVOLVING TOUCHING THE EYEBALL; IS THAT CORRECT?
# 37 THE COURT: EXCUSE ME, MISS CLARK. AREN'T WE SORT OF BEYOND THE SCOPE OF THE REDIRECT?
KEY QUOTE # 39 THE COURT: THERE IS NO CONTROVERSY AS TO --
# 40 MS. CLARK: ABOUT THAT?
# 41 THE COURT: -- AS TO THAT ISSUE AND I THINK OFFICER RISKE TESTIFIED TO THAT.
# 42 MS. CLARK: I WILL MOVE ON, YOUR HONOR.
# 43 THE COURT: ALL RIGHT. THANK YOU.
# 44 Q: BY MS. CLARK: ALL RIGHT. SIR, YOU WERE DIRECTED BY MR. COCHRAN TO LOOK AT THE PASSAGE CONCERNING THE EXAMINING OF STOMACH CONTENTS ON PAGE 39?
# 46 Q: AND HE READ TO YOU PORTIONS OF THAT PARAGRAPH. DO YOU RECALL?
# 48 Q: HE DID NOT READ TO YOU THE FIRST PORTION, THE FIRST SENTENCE, DID HE?
# 49 MR. COCHRAN: OBJECTION, YOUR HONOR, HEARSAY. IMPROPER QUESTION THE WAY COUNSEL IS PHRASING IT.
# 50 THE COURT: OVERRULED.
# 51 Q: BY MS. CLARK: HE DID NOT READ TO YOU THE FIRST SENTENCE, DID HE?
# 52 MR. COCHRAN: OBJECTION. MISSTATES, YOUR HONOR.
# 53 THE COURT: LET ME CHECK HERE. OVERRULED.
# 54 DET. TOM LANGE: I DON'T RECALL WHETHER HE DID OR NOT. IS THAT THE BEGINNING OF THE PROCEDURE WHICH IS OF GREAT IMPORTANCE?
# 56 DET. TOM LANGE: I DON'T RECALL.
# 57 Q: BY MS. CLARK: NEVERTHELESS, IT INDICATES THAT A PROCEDURE THAT IS OF GREAT IMPORTANCE IN FIXING TIME OF DEATH IS EXAMINATION OF STOMACH CONTENTS?
# 58 MR. COCHRAN: OBJECTION, YOUR HONOR, TO THE FORM OF THAT WITH REGARD TO -- OBJECTION TO THE FORM OF THAT QUESTION, IF THE COURT PLEASES, ARGUMENTATIVE AND THE QUESTION IS PHRASED "NEVERTHELESS."
# 59 THE COURT: OVERRULED.
# 60 DET. TOM LANGE: YES, THAT'S CORRECT.
# 61 Q: BY MS. CLARK: DOES IT SAY ANYTHING IN THERE ABOUT SAVING STOMACH CONTENTS?
# 63 Q: THROUGHOUT THIS ENTIRE PASSAGE IN FACT DOES IT SAY ANYTHING ABOUT SAVING STOMACH CONTENTS?
# 64 MR. COCHRAN: OBJECTION, HEARSAY, YOUR HONOR.
# 65 THE COURT: OVERRULED.
# 66 DET. TOM LANGE: NO, IT DOESN'T.
# 67 Q: BY MS. CLARK: DOES IT TALK ABOUT EXAMINATION OF STOMACH CONTENTS?
# 69 Q: WAS THAT DONE IN THIS CASE?
# 71 Q: AS TO BOTH RON GOLDMAN AND NICOLE BROWN?
# 73 Q: IN YOUR PRESENCE?
# 75 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 76 Q: BY MS. CLARK: NOW, YOU SPOKE ON RECROSS EXAMINATION ABOUT THE SUBJECT MATTER OF LIVIDITY?
# 78 Q: AND IN THIS PARTICULAR PUBLICATION ON PAGE 34 DOES IT ALSO DISCUSS LIVIDITY?
# 80 Q: WITH RESPECT TO TIME OF DEATH, IS THERE ANY INDICATION HERE THAT YOU CAN BE SPECIFIC AS TO THE TIME OF DEATH BASED ON LIVIDITY?
# 82 MR. COCHRAN: OBJECTION, YOUR HONOR, LEADING AND SUGGESTIVE. SPECULATIVE.
# 83 THE COURT: SUSTAINED. LEADING AND SUGGESTIVE.
# 84 Q: BY MS. CLARK: WHAT KIND OF -- ACCORDING TO THIS PUBLICATION, SIR, WHAT KIND OF DETERMINATION CAN YOU MAKE WITH RESPECT TO TIME OF DEATH BASED ON LIVIDITY?
# 85 MR. COCHRAN: OBJECTION, HEARSAY, YOUR HONOR.
# 86 THE COURT: SUSTAINED.
# 87 Q: BY MS. CLARK: HAVE YOU READ THIS PASSAGE, SIR?
# 89 Q: DOES IT COMPORT WITH YOUR VIEW OF WHAT YOU CAN DETERMINE IN TERMS OF TIME OF DEATH BASED ON LIVIDITY?
# 90 MR. COCHRAN: OBJECTION, HEARSAY.
# 91 THE COURT: COUNSEL, LET ME SEE YOU AT SIDE BAR WITHOUT THE REPORTER.
# 92 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.) # 93 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:) # 94 THE COURT: THANK YOU, COUNSEL. PROCEED.
# 95 Q: BY MS. CLARK: ALL RIGHT. WITH RESPECT TO THE ISSUE OF STOMACH CONTENTS, THEIR EXAMINATION FOR THE PURPOSE OF DETERMINING TIME OF DEATH, SIR, COUNSEL POINTED OUT TO YOU THAT THE INTERPRETATION OF THE VARIATIONS BETWEEN THE EXTREMES OF AN EMPTY STOMACH AND A FULL STOMACH HAD TO BE LEFT TO THE DOCTOR?
# 97 Q: IN YOUR EXPERIENCE, SIR, IS THERE A FIXED RATE AT WHICH PEOPLE DIGEST THEIR FOOD?
# 98 MR. COCHRAN: OBJECTION, YOUR HONOR, BEYOND THE SCOPE. SECOND OBJECTION IS BEYOND THE SCOPE OF THIS WITNESS' EXPERTISE.
# 99 THE COURT: SUSTAINED.
# 100 Q: BY MS. CLARK: WHAT ARE THE VARIATIONS, IN YOUR EXPERIENCE, SIR, WITH RESPECT TO THE DETERMINATION OF TIME OF DEATH BASED ON STOMACH CONTENTS?
# 101 MR. COCHRAN: OBJECTION. SAME OBJECTION, YOUR HONOR.
# 102 THE COURT: OVERRULED. HIS EXPERIENCE.
# 103 DET. TOM LANGE: THAT IT TAKES APPROXIMATELY FROM FOUR TO SIX HOURS TO COMPLETE THE DIGESTION PROCESS.
# 104 Q: BY MS. CLARK: SO THERE IS A TWO-HOUR TIME RANGE IN THERE FOR VARIATION?
# 105 MR. COCHRAN: OBJECTION, LEADING AND SUGGESTIVE.
# 106 THE COURT: SUSTAINED.
# 107 Q: BY MS. CLARK: SO THERE IS A VARIATION BETWEEN INDIVIDUALS AS TO HOW FAST OR SLOW THEY DIGEST?
# 109 Q: YOU INDICATED JUST NOW FOUR TO SIX HOURS?
# 110 A: THERE IS A TWO-HOUR VARIATION THERE, YES.
# 111 Q: AND WHAT ARE THE FACTORS THAT CAN CAUSE THAT VARIATION OF TWO HOURS BETWEEN INDIVIDUALS?
# 112 MR. COCHRAN: OBJECTION. NO FOUNDATION, YOUR HONOR.
# 113 THE COURT: OVERRULED.
# 114 DET. TOM LANGE: ONE FACTOR MAY BE THE STATE OF EXCITABILITY, OR LACK THEREOF, THAT THE INDIVIDUAL IS IN AT THE TIME THAT HE IS DIGESTING FOOD. AGAIN, IT IS -- IT IS JUST A VERY GENERAL -- GENERAL STATEMENT AS TO DIGESTION.
# 115 Q: BY MS. CLARK: MR. COCHRAN REFERRED TO MR. MC NALLY ON AUGUST 27 GOING INTO NICOLE'S CONDOMINIUM WITH YOU AND HE MENTIONED MR. MC NALLY TRYING ON A KNIT CAP THAT HE HAD POINTED OUT.
# 117 Q: DID YOU EVER SEE HIM DO THAT?
# 119 Q: WHAT WOULD HAPPEN TO TRACE EVIDENCE SUCH AS HAIR OR FIBER ON THAT CAP IF SOMEONE ELSE, AN INVESTIGATOR, TRIED IT ON?
# 120 A: IT COULD BE COMPROMISED.
# 121 Q: WHAT DO YOU MEAN BY THAT?
# 122 A: A TRUE READING OF ANY TRACE EVIDENCE THAT WAS ON THAT CAP PRIOR TO HIM PUTTING IT ON HIS HEAD COULDN'T BE MADE.
KEY QUOTE # 123 Q: MIGHT HIS HAIRS GET ON THE CAP?
# 125 Q: MIGHT OTHER HAIRS THAT ARE ON THE CAP THAT ARE OF EVIDENTIARY VALUE GET LOST?
# 127 Q: DID YOU TRY ON THE SKI CAP THAT WAS FOUND AT THE FEET OF RON GOLDMAN?
# 129 Q: DID YOU TRY ON THE GLOVE?
# 131 Q: WOULD YOU EVER DO SUCH A THING?
# 133 Q: IS THAT SOMETHING THAT YOU WOULD DO IF YOU THOUGHT AN ITEM HAD ANY EVIDENTIARY VALUE AT ALL?
# 135 Q: NOW, THE BLOOD ON THE FRONT WALKWAY, SIR, BASED ON WHAT YOU COULD SEE, WHAT WAS THE SOURCE OF THAT BLOOD?
# 136 A: IN MY MIND THE SOURCE OF THE BLOOD WAS NICOLE BROWN SIMPSON.
# 137 Q: OKAY. AND DID IT GO -- THAT FLOW PRETTY MUCH ALL THE WAY DOWN THE WALKWAY?
# 139 Q: WAS THERE ANY BLOOD FLOWING FROM RON GOLDMAN ONTO THE WALKWAY?
# 141 MR. COCHRAN: OBJECTION, YOUR HONOR, SPECULATION.
# 142 THE COURT: OVERRULED.
# 143 DET. TOM LANGE: NONE THAT I COULD OBSERVE.
# 144 Q: BY MS. CLARK: DID YOU SEE ANY SHOEPRINTS IN BLOOD ON THE FRONT WALKWAY?
# 145 A: THERE WERE PARTIAL SHOEPRINTS BETWEEN THE TWO VICTIMS ON THE WALKWAY. I SAW NOTHING TO THE EAST OF THE GATE LEADING DOWN TO THE SIDEWALK.
# 146 Q: RIGHT. OKAY. I'M TALKING ABOUT DID YOU SEE ANY SHOEPRINTS IN BLOOD LEADING AWAY FROM THE BODIES DOWN THE WALKWAY TOWARD THE SIDEWALK?
# 148 Q: WERE YOU EVER ABLE TO AVOID THE BLOOD ON THE WALKWAY FROM THE POINT OF THE SIDEWALK UP TO THE GATE LEADING TO THE BODIES IN THAT FRONT WALKWAY, UNLESS YOU STEPPED THROUGH THE GRASS AND THE SHRUBBERY?
# 149 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR. LEADING AND SUGGESTIVE, VAGUE.
# 150 THE COURT: SUSTAINED. LEADING.
# 151 Q: BY MS. CLARK: HOW -- DID YOU -- DID YOU WALK UP TO THE BODIES IN THE SHRUBBERY, SIR?
# 153 Q: DID YOU OBSERVE THE WALKWAY?
# 155 Q: COULD YOU SEE A WAY OF WALKING ON THAT WALKWAY WITHOUT STEPPING IN BLOOD?
# 156 A: THERE WERE WAYS TO DO THAT, YES.
# 157 Q: AND HOW WERE YOU ABLE TO DO THAT?
# 158 MR. COCHRAN: OBJECTION, ASSUMES A FACT NOT IN EVIDENCE.
# 159 THE COURT: SUSTAINED.
# 160 Q: BY MS. CLARK: DID YOU DO THAT?
# 161 A: GENERALLY INITIALLY I DID NOT. THERE WERE AREAS ON THE WALKWAY THAT THERE WERE NO BLOOD.
# 162 Q: COULD YOU TELL WHETHER THERE WERE ENOUGH OF THOSE AREAS THAT IF SOMEONE WANTED TO, THEY COULD STEP BETWEEN THE BLOOD SPOTS AND ON THE CLEAN AREAS OF THE WALKWAY?
# 163 MR. COCHRAN: OBJECTION, YOUR HONOR, SPECULATIVE.
# 164 THE COURT: OVERRULED.
# 165 DET. TOM LANGE: CERTAINLY.
# 166 Q: BY MS. CLARK: OKAY. COULD YOU DO THAT IN THE DARK?
# 167 MR. COCHRAN: OBJECTION, YOUR HONOR, SPECULATION, SPECULATIVE.
# 168 THE COURT: SUSTAINED.
# 169 Q: BY MS. CLARK: WERE YOU ABLE TO SEE THOSE CLEAN SPOTS ON THE FRONT WALKWAY WITHOUT YOUR FLASHLIGHT?
# 171 Q: AND AT WHAT TIME WERE YOU THERE?
# 172 A: I ARRIVED APPROXIMATELY 4:30.
# 175 Q: CAN YOU DESCRIBE HOW DIFFICULT OR EASY IT WOULD HAVE BEEN TO WALK DOWN THAT WALKWAY WITHOUT STEPPING IN BLOOD?
# 176 MR. COCHRAN: OBJECT TO THE FORM OF THE QUESTION, YOUR HONOR. COMPOUND.
# 177 THE COURT: CALLS FOR SPECULATION.
# 178 Q: BY MS. CLARK: YOU WERE ABLE TO SEE WHERE THE CLEAN SPOTS WERE, SIR?
# 180 Q: HOW WERE YOU ABLE TO SEE THAT?
# 182 Q: OKAY. WERE YOU ABLE TO SEE WHAT -- WHAT KIND OF PATH YOU WOULD HAVE TO TAKE TO AVOID THE BLOOD ON THE FRONT WALKWAY?
# 183 A: IT WAS VERY EVIDENT TO ME WHICH PATHS TO TAKE IN ORDER TO AVOID THE BLOOD.
KEY QUOTE # 184 Q: OKAY. COULD YOU JUST WALK ONE FOOT IN FRONT OF THE OTHER AND WALK STRAIGHT DOWN THE WALKWAY?
# 186 MR. COCHRAN: OBJECTION, YOUR HONOR, ASKED AND ANSWERED.
# 187 THE COURT: OVERRULED.
# 188 DET. TOM LANGE: NO.
# 189 Q: BY MS. CLARK: WHAT PATH WOULD YOU HAVE TO TAKE TO AVOID THE BLOOD ON THE FRONT WALKWAY?
# 190 A: YOU WOULD HAVE TO STEP WHERE THERE IS NO BLOOD.
# 191 Q: AND HOW DIFFICULT OR EASY WAS THAT?
# 192 MR. COCHRAN: OBJECTION, YOUR HONOR, CALLS FOR SPECULATION.
# 193 THE COURT: AT THIS POINT OVERRULED.
# 194 DET. TOM LANGE: TO ME THERE WAS NO GREAT DIFFICULTY IN DOING THAT IF ONE WERE TO LOOK WHERE ONE WAS WALKING.
# 195 Q: BY MS. CLARK: TO STEP CAREFULLY?
# 197 MR. COCHRAN: OBJECTION TO THE LAST STATEMENT, LEADING AND SUGGESTIVE.
# 198 THE COURT: OVERRULED. OVERRULED.
# 199 Q: BY MS. CLARK: AND DO YOU HOW YOU TAKE PICTURES OF INVISIBLE SHOEPRINTS?
# 201 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 202 Q: BY MS. CLARK: DID YOU RECALL THE BLACK JEEP THAT YOU FOUND PARKED IN THE REAR DRIVEWAY OF 875 SOUTH BUNDY?
# 204 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 205 Q: BY MS. CLARK: DID ANY DEFENSE INVESTIGATORS ASK YOU FOR PICTURES OF THE TIRES OF THAT BLACK JEEP?
# 207 Q: AND DID YOU DETERMINE WHO THAT BLACK JEEP BELONGED TO?
# 211 MR. COCHRAN: OBJECTION, LEADING AND SUGGESTIVE. OBJECTION. NOT IN CONTROVERSY, BUT --
# 212 THE COURT: WITHDRAWN?
# 213 MR. COCHRAN: WITHDRAWN.
# 214 THE COURT: THANK YOU.
# 215 Q: BY MS. CLARK: DID ANY DEFENSE INVESTIGATOR ASK TO EXAMINE THE TIRES OF THAT JEEP?
# 216 MR. COCHRAN: OBJECTION, HEARSAY, YOUR HONOR.
# 217 THE COURT: OVERRULED.
# 218 MR. COCHRAN: BEYOND THE SCOPE.
# 219 THE COURT: OVERRULED.
# 220 DET. TOM LANGE: NO.
# 221 Q: BY MS. CLARK: NOW, THE COINS THAT YOU INDICATED, THE PENNY AND THE DIME --
# 223 Q: -- WHERE WERE THEY IN RELATION TO THE JEEP?
# 224 A: THEY WERE NORTH OF THE JEEP AND IN THE DRIVEWAY BETWEEN THE JEEP AND THE NORTH FENCE.
# 225 Q: AND THE TIRE TRACKS THAT WERE POINTED OUT TO YOU THAT APPEARED TO RUN UNDERNEATH THOSE COINS --
# 226 MR. COCHRAN: OBJECTION TO THE FORM OF THIS QUESTION.
# 227 Q: BY MS. CLARK: -- WHERE WERE THEY LOCATED?
# 228 MR. COCHRAN: OBJECT TO THE FORM OF THE QUESTION.
# 229 THE COURT: OVERRULED.
# 230 DET. TOM LANGE: THEY WERE LOCATED BETWEEN THE JEEP AND THE NORTH FENCE.
# 231 Q: BY MS. CLARK: WAS THERE -- NOW, YOU WERE THERE THAT NIGHT, SIR, WERE YOU NOT?
# 233 Q: WAS THERE ROOM TO PARK A CAR BETWEEN THE JEEP AND THE FENCE?
# 234 A: I DON'T BELIEVE THERE WOULD HAVE BEEN, UNLESS IT WAS A VERY, VERY TINY CAR.
# 235 MR. FAIRTLOUGH: PEOPLE'S EXHIBIT NO. 52, YOUR HONOR.
# 236 Q: BY MS. CLARK: ALL RIGHT, SIR. LOOKING AT PEOPLE'S 52, TO WHAT SIDE OF THAT JEEP DID YOU FIND THE COINS?
# 237 A: AS YOU LOOK AT THE VEHICLE IT IS TO THE LEFT.
# 238 Q: AND IT WAS IN THAT AREA -- WAS IT IN THAT AREA THAT YOU SAW THE -- THAT THERE WERE TIRE TRACKS?
# 239 MR. COCHRAN: OBJECTION, LEADING AND SUGGESTIVE, YOUR HONOR.
# 240 THE COURT: OVERRULED.
# 241 DET. TOM LANGE: YES.
# 242 Q: BY MS. CLARK: CAN YOU TELL US -- IT IS KIND OF DARK IN THIS PHOTOGRAPH, BUT TO THE LEFT OF THE JEEP ARE THERE ANY OBJECTS THAT ARE ON THAT REAR DRIVEWAY IN FRONT OF THE FENCE?
# 243 A: THERE ARE TWO TRASH CANS.
# 245 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) MS. CLARK: USE THE LASER POINTER, SIR, AND TELL ME IF YOU CAN SEE WHAT I'M POINTING TO.
# 246 Q: IS THIS THE AREA WHERE THE GARBAGE CANS ARE?
# 248 Q: AND IF YOU CAN TELL IN THIS PHOTOGRAPH, DIRECT -- IF YOU COULD DIRECT THE RED DOT, WHERE WERE THE COINS AND THE TIRE TRACKS SEEN?
# 249 A: UP -- UP A BIT, GENERALLY IN THAT AREA, (INDICATING).
# 251 A: GENERALLY IN THIS AREA.
# 252 Q: I CAN'T HOLD IT STILL FOR THAT LONG. RIGHT HERE, (INDICATING)?
# 254 Q: OKAY. NOW, HOW MANY FEET COULD YOU ESTIMATE FOR US WAS THE -- WAS THERE BETWEEN THE SIDE OF THE JEEP AND THOSE GARBAGE CANS?
# 255 A: I COULD ESTIMATE APPROXIMATELY FIVE FEET.
# 256 THE COURT: ALL RIGHT. FOR THE RECORD, THE WITNESS HAS INDICATED A LOCATION WITH THE LASER THAT IS BETWEEN THE JEEP ON THE CENTER OF THE PHOTOGRAPH AND THE FENCE, WHICH IS TO ITS LEFT.
# 257 MS. CLARK: COULD I SHOW YOU THE SAME PHOTOGRAPH ON THE ELMO, SIR? IT WILL BE A LITTLE BIT LIGHTER.
# 258 MR. FAIRTLOUGH: 1, PLEASE.
# 260 MS. CLARK: ALL RIGHT. THERE WE GO.
# 261 Q: ALL RIGHT. NOW, LOOKING AT THIS PHOTOGRAPH, SIR, CAN YOU TELL US -- LOCATE FOR US WHERE THE TIRE TRACKS POINTED OUT UNDERNEATH THE COINS WERE IN THIS PHOTOGRAPH?
# 262 A: WELL, THEY WOULD BE JUST AGAIN TO THE LEFT OF THE VEHICLE.
# 263 Q: JUST TO THE LEFT OF THE JEEP?
# 265 Q: CAN YOU -- CAN YOU DIRECT THE DOT?
# 266 A: DOWN IN THAT -- DOWN A LITTLE BIT. IN THAT GENERAL AREA. I CAN'T TELL FROM HERE, BUT I WOULD SAY IN THAT GENERAL AREA, (INDICATING).
# 267 Q: RIGHT THERE, (INDICATING)?
# 268 A: I CAN'T SAY WHETHER IT WAS RIGHT THERE. AGAIN, IN THAT GENERAL AREA BETWEEN THE VEHICLE AND THE NORTH FENCE.
# 270 A: APPROXIMATELY IN THAT AREA, YES.
# 271 MS. CLARK: ALL RIGHT. THANK YOU.
# 272 MR. FAIRTLOUGH: YOUR HONOR, MAY A PRINT OF THIS PHOTOGRAPH BE MARKED AS PEOPLE'S 52-A?
# 273 THE COURT: YES. (PEO'S 52-A FOR ID = PHOTOGRAPH)
# 274 THE COURT: MADAM REPORTER, DO WE NEED TO SWITCH? REPORTER OLSON: NO, SIR.
# 275 Q: BY MS. CLARK: DID YOU HAVE ANY INFORMATION AS TO WHETHER -- AS TO WHERE THAT JEEP WAS WHEN OFFICER RISKE FIRST APPEARED ON THE SCENE AT APPROXIMATELY MIDNIGHT?
# 276 MR. COCHRAN: OBJECTION, YOUR HONOR, HEARSAY.
# 277 MS. CLARK: THIS IS --
# 278 MR. COCHRAN: BEYOND THE SCOPE.
# 279 THE COURT: IT IS BEYOND THE SCOPE.
# 281 THE COURT: ACTUALLY GOES TO TIRE TRACKS?
# 282 (NODS HEAD UP AND DOWN.) # 283 THE COURT: OVERRULED. PROCEED.
# 284 DET. TOM LANGE: MY INFORMATION WAS, IS THAT IT WAS FOUND IN THE LOCATION YOU SEE IT IN.
# 285 MR. COCHRAN: OBJECTION, HEARSAY, YOUR HONOR.
# 286 THE COURT: THAT IS HEARSAY. WHAT HE WAS TOLD BY RISKE.
# 287 MR. COCHRAN: MOVE TO STRIKE.
# 288 MS. CLARK: I'M ASKING TO EXPLAIN SUBSEQUENT ACTIONS, YOUR HONOR. THIS IS FOUNDATIONAL.
# 289 THE COURT: WELL, OFFICER RISKE TESTIFIED THAT IS WHAT HE SAW, CORRECT?
# 290 MS. CLARK: YES, HE DID.
# 291 THE COURT: ALL RIGHT.
# 292 MS. CLARK: YES, HE DID.
# 293 THE COURT: THAT IS WHAT HE SAW.
# 294 Q: BY MS. CLARK: OKAY. DID OFFICER RISKE GIVE YOU SOME INFORMATION ABOUT WHERE THAT JEEP WAS LOCATED WHEN HE FIRST RESPONDED TO THE SCENE AT MIDNIGHT?
# 295 A: I BELIEVE IT CAME FROM DETECTIVE PHILLIPS.
# 296 Q: DID IT COME TO YOU EVENTUALLY?
# 298 Q: AND AFTER YOU LEARNED THAT, SIR -- BASED ON THAT INFORMATION AND YOUR OBSERVATIONS AT THE CRIME SCENE, WHAT, IF ANY, EVIDENTIARY VALUE DID THOSE TIRE TRACKS UNDERNEATH THE COINS HAVE FOR YOU?
# 300 Q: AND WHY IS THAT?
# 301 A: NO. 1, IT IS A COMMONLY USED CEMENT SURFACE WHERE VEHICLES ARE PARKED. THERE IS NO WAY TO TELL THE AGE OF A TIRE, AND BESIDES, THERE IS NO WAY A VEHICLE COULD HAVE FIT BETWEEN THE GRAND CHEROKEE AND THE FENCE THAT I COULD SEE.
KEY QUOTE # 302 Q: SO IN YOUR OPINION WAS THERE ANY WAY THAT THOSE TIRE TRACKS COULD HAVE BEEN ASSOCIATED WITH THE VEHICLE DRIVEN BY THE SUSPECT?
# 304 MR. COCHRAN: YOUR HONOR, I MOVE TO STRIKE THAT LAST --
# 305 Q: BY MS. CLARK: ABOUT THAT MELTING ICE CREAM --
# 306 MR. COCHRAN: I MOVE TO STRIKE THAT LAST ANSWER. ASSUMES FACTS NOT IN EVIDENCE.
# 307 THE COURT: OVERRULED.
# 308 Q: BY MS. CLARK: ABOUT THAT MELTING ICE CREAM, SIR, THE EXPERIMENT THAT WAS PERFORMED, YOU SAW THE PHOTOGRAPH OF THE CONDITION OF THE ICE CREAM AFTER AN HOUR AND FIFTEEN MINUTES?
# 309 A: IN MY EXPERIMENT?
# 310 Q: NOT YOURS, BUT THE EXPERIMENT THAT WAS CONDUCTED?
# 312 Q: AND DO YOU RECALL YOUR OBSERVATION OF THE ICE CREAM THAT YOU OBSERVED AT 4:30 IN THE MORNING -- FOUR HOURS AFTER OFFICER RISKE RESPONDED TO THE SCENE AT 875 SOUTH BUNDY?
# 314 Q: HOW DIFFERENT DID THE ICE CREAM THAT YOU SAW FOUR HOURS AFTER THE SCENE WAS DISCOVERED BY OFFICER RISKE THAN IT LOOKED IN THE EXPERIMENT TO YOU AFTER AN HOUR AND FIFTEEN MINUTES?
# 315 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR, WITHOUT A PROPER FOUNDATION.
# 316 THE COURT: SUSTAINED. FOUNDATION.
# 318 Q: DID YOU OBSERVE THE ICE CREAM IN THE EXPERIMENT AFTER AN HOUR AND FIFTEEN MINUTES?
# 319 A: I OBSERVED THE PHOTOGRAPH, YES.
# 320 Q: YOU OBSERVED WHAT CONDITION IT WAS IN?
# 322 Q: AND WHEN YOU ARRIVED AT THE SCENE AT 4:30, DID YOU OBSERVE THE ICE CREAM ON THE BANISTER IN THE BEN AND JERRY'S CUP?
# 324 Q: AND DID YOU RECEIVE INFORMATION FROM OFFICER RISKE CONCERNING THE TIME THAT HE FIRST OBSERVED THAT CUP?
# 325 MR. COCHRAN: OBJECTION, YOUR HONOR, HEARSAY.
# 326 THE COURT: OVERRULED.
# 327 DET. TOM LANGE: YES.
# 328 Q: BY MS. CLARK: AND THE ICE CREAM THAT YOU SAW AT 4:30, A.M., AT 875 SOUTH BUNDY, HOW DID IT LOOK IN COMPARISON TO THE PHOTOGRAPH OF THE ICE CREAM THAT YOU SAW AFTER IT HAD MELTED AN HOUR AND FIFTEEN MINUTES?
# 329 MR. COCHRAN: OBJECTION, YOUR HONOR. I WOULD LIKE TO APPROACH ON THIS.
# 330 THE COURT: ALL RIGHT. WITH THE REPORTER.