Redirect examination of Tom Lange (part 3)

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

Address:

C:\DEPT103\CRIMINAL\1995\MAR\9\REDIRECT-EXAMINATION-OF-TOM-LA.DOC

TRIAL

▲ Day 34 of 167

◀ Sidebar: ice cream evidence Sidebar: striking testimony ▶

Witness: Det. Tom Lange
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, March 9, 1995 • Utterances: 169

Marcia Clark concluded her redirect examination of Detective Lange, focusing on rebuttals to the drug-dealer murder theory (particularly regarding Faye Resnick) and establishing that keys found near Ron Goldman's body belonged to a vehicle parked near the crime scene. The examination was repeatedly frustrated by sustained hearsay objections, particularly around the keys and vehicle identification. Cochran declined recross with a light send-off, and Judge Ito issued a curative instruction striking earlier testimony about DNA found under Nicole's fingernails.

# 1 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MISS CLARK, YOU MAY CONTINUE.

# 2 MS. CLARK:

THANK YOU, YOUR HONOR.

# 3 THE COURT:

YOU WERE ABOUT TO ASK IF HE COMPARED THE PHOTOGRAPH WITH HIS RECOLLECTION AT 4:30.

# 4 MS. CLARK:

RIGHT. THANK YOU, YOUR HONOR.

# 5 Q:

DETECTIVE LANGE, 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 MELTED FOR AN HOUR AND FIFTEEN MINUTES IN THE EXPERIMENT?

# 6 A:

VERY SIMILAR.

# 7 Q:

LET ME ASK YOU SOME -- FAYE RESNICK -- DID YOU EVER HAVE ANY INFORMATION THAT FAYE RESNICK WAS BEING THREATENED BY DRUG DEALERS?

# 8 A:

NO.

# 9 Q:

DID YOU HAVE ANY EVIDENCE TO INDICATE THAT FAYE RESNICK OWED MONEY TO DRUG DEALERS?

# 10 A:

NO.

# 11 Q:

DO YOU HAVE ANY EVIDENCE TO SHOW THAT DRUG DEALERS HAD ANYTHING TO DO WITH THESE MURDERS?

KEY QUOTE

# 12 A:

NONE.

# 13 Q:

AND WAS THERE ANYTHING IN FAYE RESNICK'S BOOK THAT CAUSED YOU TO FORM THE OPINION THAT DRUG DEALERS COMMITTED THESE MURDERS?

# 14 MR. COCHRAN:

OBJECTION TO THE FORM OF THAT QUESTION BASED UPON ANYTHING IN THE BOOK. OBJECTION.

# 15 THE COURT:

OVERRULED.

# 16 DET. TOM LANGE:

NOTHING.

# 17 Q:

BY MS. CLARK: WAS THERE ANYTHING IN THE BOOK THAT CHANGED YOUR OPINION CONCERNING --

# 18 THE COURT:

EXCUSE ME, COUNSEL. WITHOUT THE REPORTER.

# 19 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

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

# 21 THE COURT:

THANK YOU, COUNSEL. MISS CLARK.

# 22 Q:

BY MS. CLARK: DID MISS RESNICK'S BOOK HAVE ANY IMPACT ON YOUR OPINION CONCERNING YOUR THEORY OF THIS CASE?

# 23 A:

NONE WHATSOEVER.

# 24 Q:

ALL RIGHT. SO NOW YOU LOOKED AT ALL THE EVIDENCE IN THIS CASE; IS THAT RIGHT?

# 25 A:

YES.

# 26 Q:

AND YOU HAVE HEARD ALL THESE RUMORS. IN YOUR EXPERIENCE, SIR --

# 27 MR. COCHRAN:

OBJECT TO THE FORM OF THIS QUESTION, YOUR HONOR, LEADING AND SUGGESTIVE.

# 28 THE COURT:

OVERRULED.

# 29 Q:

BY MS. CLARK: IN YOUR EXPERIENCE, SIR, WHAT ULTIMATELY LED YOU TO THIS DEFENDANT?

# 30 MR. COCHRAN:

OBJECTION, YOUR HONOR. I WOULD LIKE TO APPROACH.

# 31 THE COURT:

SUSTAINED.

# 32 MR. COCHRAN:

WE DON'T HAVE TO APPROACH YET.

# 33 Q:

BY MS. CLARK: LET ME ASK YOU THIS, SIR. HAS NICOLE'S CONDOMINIUM SINCE BEEN CLEANED OUT AND BEEN REPAIRED FOR RESALE?

# 34 A:

YES.

# 35 Q:

HAS THE DISCOVERY OF ANY DRUG ITEMS OR PARAPHERNALIA EVER BEEN BROUGHT TO YOUR ATTENTION RECOVERED FROM HER PLACE?

# 36 A:

NO.

# 37 MR. COCHRAN:

OBJECTION, YOUR HONOR, HEARSAY.

# 38 THE COURT:

SUSTAINED. THE JURORS ARE TO DISREGARD THE LAST ANSWER.

# 39 Q:

BY MS. CLARK: HAS ANY EVIDENCE OF DRUGS OR DRUG PARAPHERNALIA FROM HER CONDOMINIUM BEEN BROUGHT TO YOUR ATTENTION?

# 40 MR. COCHRAN:

HEARSAY.

# 41 THE COURT:

SUSTAINED.

# 42 Q:

BY MS. CLARK: HAS EVIDENCE BEEN BROUGHT DO YOU, DETECTIVE LANGE, RECOVERED FROM MISS NICOLE BROWN SIMPSON'S CONDOMINIUM, CONSISTING OF DRUGS OR DRUG PARAPHERNALIA?

# 43 MR. COCHRAN:

OBJECTION, HEARSAY.

# 44 THE COURT:

THAT IS NOT HEARSAY. OVERRULED.

# 45 DET. TOM LANGE:

NO.

# 46 Q:

BY MS. CLARK: OTHER THAN RUMOR AND INNUENDO, HAVE YOU RECOVERED ANY EVIDENCE THAT CAUSES YOU TO BELIEVE THIS IS A DRUG-RELATED MURDER?

# 47 MR. COCHRAN:

OBJECTION, YOUR HONOR. ARGUMENTATIVE.

# 48 THE COURT:

SUSTAINED.

# 49 Q:

BY MS. CLARK: AFTER THE EXAMINATION OF THE EVIDENCE IN THIS CASE, SIR, WHAT EVIDENCE IS IT THAT YOU -- THAT CAUSES YOU TO BELIEVE THAT THIS IS NOT A DRUG-RELATED MURDER?

# 50 MR. COCHRAN:

OBJECTION, YOUR HONOR, ASKED AND ANSWERED.

# 51 THE COURT:

SUSTAINED.

# 52 MS. CLARK:

CAN WE APPROACH, YOUR HONOR?

# 53 THE COURT:

I THOUGHT WE ASKED THAT QUESTION ONCE ALREADY.

# 54 MS. CLARK:

MAY I HAVE A MOMENT?

# 55 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 56 Q:

BY MS. CLARK: DETECTIVE LANGE, DID YOU -- IN THE COURSE OF YOUR INVESTIGATION, SIR, I THINK YOU INDICATED THAT YOU HAD THE AREA AROUND NICOLE BROWN SIMPSON'S CONDOMINIUM EXAMINED FOR UNUSUAL VEHICLES?

# 57 MR. COCHRAN:

OUTSIDE THE SCOPE. OBJECTION, OUTSIDE THE SCOPE, YOUR HONOR.

# 58 THE COURT:

IT APPEARS TO BE.

# 59 MS. CLARK:

CAN WE APPROACH, YOUR HONOR?

# 60 THE COURT:

LINK IT UP?

# 61 MS. CLARK:

I WILL.

# 62 THE COURT:

PROCEED.

# 63 Q:

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

# 64 A:

I CAUSED THAT TO BE DONE, YES.

# 65 Q:

DID YOU LOCATE THE CAR -- DID YOU LOCATE A CAR, THAT WAS ASSOCIATED WITH EITHER OF THE VICTIMS, PARKED ON THE STREET NEAR HER CONDOMINIUM?

# 66 MR. COCHRAN:

HEARSAY, YOUR HONOR. OUTSIDE THE SCOPE.

# 67 THE COURT:

OVERRULED. I'M GOING TO OVERRULE AT THIS POINT, BUT I ASSUME YOU ARE GOING TO LINK THIS UP.

# 68 MS. CLARK:

I AM.

# 69 DET. TOM LANGE:

THERE WAS ONE LOCATED, YES.

# 70 Q:

BY MS. CLARK: AND WHAT WAS THAT?

# 71 A:

A VEHICLE DRIVEN TO THE LOCATION BY MR. GOLDMAN PARKED ON DOROTHY STREET SOUTH OF THE BUNDY LOCATION.

# 72 Q:

FACING WHICH WAY ON DOROTHY?

# 73 A:

FACING WEST.

# 74 Q:

WERE YOU AWARE OF --

# 75 MR. COCHRAN:

OBJECTION, ASSUMES A FACT NOT IN EVIDENCE.

# 76 THE COURT:

OVERRULED.

# 77 Q:

BY MS. CLARK: AND WHERE DID RON GOLDMAN LIVE IN RELATION TO THE MEZZALUNA AND NICOLE BROWN SIMPSON'S CONDOMINIUM?

# 78 MR. COCHRAN:

OBJECTION, YOUR HONOR, BEYOND THE SCOPE.

# 79 MS. CLARK:

WOULD THE COURT LIKE ME TO APPROACH?

# 80 THE COURT:

LET ME SEE COUNSEL WITHOUT THE COURT REPORTER, PLEASE.

# 81 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

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

# 83 THE COURT:

ALL RIGHT. MISS CLARK.

# 84 MS. CLARK:

YES. THANK YOU, YOUR HONOR.

# 85 (BRIEF PAUSE.)

# 86 THE COURT:

THE QUESTION WAS ABOUT KEYS.

# 87 MS. CLARK:

YES. THAT IS WHERE I WANTED TO GO. THANK YOU, YOUR HONOR.

# 88 Q:

DO YOU REMEMBER THE KEYS THAT WERE FOUND NEAR THE BODY OF RON GOLDMAN, SIR?

# 89 A:

YES.

# 90 Q:

WERE THOSE KEYS CHECKED TO FIND OUT WHAT, IF ANYTHING, THEY OPENED?

# 91 MR. COCHRAN:

YOUR HONOR, I WOULD LIKE A LITTLE MORE FOUNDATION.

# 92 THE COURT:

SUSTAINED. REPHRASE.

# 93 Q:

BY MS. CLARK: DID YOU CHECK THOSE KEYS, SIR, TO DETERMINE WHETHER OR NOT THEY FIT ANY CARS IN THE AREA?

# 94 A:

I CHECKED THEM WITH THE OWNERS -- THE OWNER OF THE KEYS, YES.

# 95 Q:

OKAY. AND WHAT DID THOSE KEYS FIT?

# 96 MR. COCHRAN:

OBJECTION, YOUR HONOR, HEARSAY.

# 97 THE COURT:

SUSTAINED. DID YOU DO THAT PERSONALLY?

# 98 DET. TOM LANGE:

NO, YOUR HONOR.

# 99 Q:

BY MS. CLARK: DID YOU HAVE THAT DONE UNDER YOUR -- AT YOUR REQUEST?

# 100 A:

THE KEYS WERE NOT PHYSICALLY USED TO CHECK THE VEHICLE. THEY WERE --

# 101 MR. COCHRAN:

OBJECTION, ASKED AND ANSWERED.

# 102 THE COURT:

OVERRULED.

# 103 THE COURT:

THAT IS OVERRULED ON THAT GROUND. PROCEED.

# 104 MR. COCHRAN:

THANK YOU.

# 105 THE COURT:

THEY WERE NOT PHYSICALLY CHECKED?

# 106 DET. TOM LANGE:

THEY WERE IDENTIFIED BY THE OWNER OF THE VEHICLE AND THE KEYS TO ME.

KEY QUOTE

# 107 MR. COCHRAN:

OBJECTION, YOUR HONOR, HEARSAY.

# 108 THE COURT:

THAT IS HEARSAY.

# 109 MR. COCHRAN:

MOVE TO STRIKE.

# 110 THE COURT:

ALL RIGHT. THAT WILL BE STRICKEN. THE JURY IS TO DISREGARD.

# 111 Q:

BY MS. CLARK: WAS THAT VEHICLE MOVED FROM THE LOCATION, SIR?

# 112 A:

IT WAS IMPOUNDED, YES.

# 113 Q:

WAS IT TOWED AWAY?

# 114 A:

YES.

# 115 Q:

AND WHAT HAPPENED TO THE KEYS THAT WERE FOUND NEAR THE BODY OF RON GOLDMAN?

# 116 A:

THEY WERE ULTIMATELY TURNED OVER TO THEIR OWNER.

# 117 Q:

WHO WAS?

# 118 A:

FIRST NAME IS ANDREA. I WOULD HAVE TO LOOK. HER LAST NAME ESCAPES ME AT THE MOMENT.

# 119 Q:

OKAY. DID YOU SPEAK TO HER, SIR?

# 120 A:

I INTERVIEWED HER, YES.

# 121 Q:

IS SHE A FRIEND OF RON GOLDMAN'S?

# 122 MR. COCHRAN:

OBJECTION, HEARSAY.

# 123 THE COURT:

SUSTAINED.

# 124 Q:

BY MS. CLARK: DID YOU DETERMINE -- DID YOU ATTEMPT TO DETERMINE WHAT -- WHEN YOU GAVE THOSE KEYS BACK TO HER, DID YOU ASK HER QUESTIONS ABOUT WHAT THEY WERE -- WHETHER SHE RECOGNIZED THEM?

# 125 MR. COCHRAN:

OBJECTION, HEARSAY.

# 126 THE COURT:

WHETHER OR NOT IT WAS ASKED IS NOT HEARSAY.

# 127 DET. TOM LANGE:

YES, I DID.

# 128 Q:

BY MS. CLARK: AND DID SHE IDENTIFY THOSE KEYS TO YOU?

# 129 MR. COCHRAN:

OBJECTION, HEARSAY.

# 130 DET. TOM LANGE:

YES.

# 131 THE COURT:

SUSTAINED.

# 132 Q:

BY MS. CLARK: SHE GAVE YOU INFORMATION CONCERNING THOSE KEYS, SIR?

# 133 MR. COCHRAN:

OBJECTION, HEARSAY.

# 134 THE COURT:

SUSTAINED.

# 135 Q:

BY MS. CLARK: SHE GAVE YOU INFORMATION?

# 136 THE COURT:

COUNSEL, MOVE ON.

# 137 Q:

BY MS. CLARK: DID YOU ULTIMATELY DETERMINE WHETHER THOSE KEYS FIT THE VEHICLE PARKED ON DOROTHY?

# 138 MR. COCHRAN:

JUST A MOMENT. HEARSAY, YOUR HONOR. HE SAID HE DIDN'T DO IT.

# 139 MR. COCHRAN:

MOVE TO STRIKE. IS THE OWNER OF THE CAR AVAILABLE?

# 140 DET. TOM LANGE:

YES, YOUR HONOR. SHE TRAVELS OUTSIDE THE COUNTRY.

# 141 THE COURT:

THANK YOU, THANK YOU.

# 142 MR. COCHRAN:

THANK YOU.

# 143 Q:

BY MS. CLARK: THE KEYS FOUND NEAR RON GOLDMAN'S BODY, YOU RELEASED THEM TO HER?

# 144 A:

YES.

# 145 Q:

IS THAT BASED ON WHAT SHE TOLD YOU?

# 146 MR. COCHRAN:

OBJECT. HEARSAY, YOUR HONOR.

# 147 THE COURT:

OVERRULED?

# 148 DET. TOM LANGE:

YES.

# 149 MS. CLARK:

THANK YOU. NOTHING FURTHER.

# 150 THE COURT:

MADAM REPORTER, DO YOU NEED TO CHANGE SOME PAPER?

# 151 MR. COCHRAN:

YOUR HONOR, MAY I SAVE SOME TIME? DETECTIVE LANGE, YOU WOULDN'T BE DISAPPOINTED IF I DIDN'T ASK YOU ANY OTHER QUESTIONS, WOULD YOU?

# 152 MR. COCHRAN:

I'M SORRY, I DIDN'T HEAR THAT.

# 153 MR. COCHRAN:

OKAY. YOU WOULDN'T BE DISAPPOINTED IF I DIDN'T ASK YOU ANY OTHER QUESTIONS, WOULD YOU?

# 154 DET. TOM LANGE:

NO SIR, I WOULD NOT.

# 155 MR. COCHRAN:

HAVE A NICE DAY.

# 156 DET. TOM LANGE:

THANK YOU.

# 157 THE COURT:

DETECTIVE, WE MAY --

# 158 MR. COCHRAN:

YOUR HONOR, BEFORE WE APPROACH, MAY WE APPROACH WITH THE REPORTER?

# 159 THE COURT:

I NEED ONE OTHER THING.

# 160 MR. COCHRAN:

YES, PLEASE, YOUR HONOR.

# 161 THE COURT:

LADIES AND GENTLEMEN, BEFORE I RELEASE DETECTIVE LANGE, I JUST WANTED TO REINSTRUCT YOU TO SOMETHING THAT OCCURRED DURING THE COURSE OF DETECTIVE LANGE'S TESTIMONY. DURING THE COURSE OF HIS TESTIMONY THE DAY BEFORE YESTERDAY DETECTIVE LANGE WAS ASKED QUESTIONS REGARDING SCIENTIFIC TESTS PERFORMED ON THE BLOOD UNDER THE FINGERNAILS OF NICOLE BROWN SIMPSON AND DETECTIVE LANGE STATED THAT CERTAIN -- GAVE CERTAIN ANSWERS AS TO HOW THAT IMPACTED HIS INVESTIGATION. YOU ARE INSTRUCTED TO DISREGARD THAT QUESTION AND ANSWER. THE TOPIC OF DNA TESTING AND THE RESULTS OF THAT DNA TESTING WILL BE PRESENTED AT A LATER TIME THROUGH EXPERT WITNESSES, SO YOU SHOULD DISREGARD THAT QUESTION AND ANSWER. ALL RIGHT.

# 162 MR. COCHRAN:

MAY WE APPROACH NOW WITH THE REPORTER.

# 163 THE COURT:

CAN I LET DETECTIVE LANGE GO?

# 164 MR. COCHRAN:

CERTAINLY, YOUR HONOR.

# 165 THE COURT:

HE WOULD FEEL MUCH HAPPIER. I WOULD FEEL MUCH HAPPIER, TOO.

# 166 THE COURT:

DETECTIVE, THANK YOU VERY MUCH. YOU ARE EXCUSED, SIR, SUBJECT TO RECALL.

# 167 MR. COCHRAN:

STILL ON CALL, YOUR HONOR?

# 168 THE COURT:

YES.

# 169 MR. COCHRAN:

THANK YOU.

Temperature

procedural

Key Quotes (4)

Marcia Clark (as examiner)

DO YOU HAVE ANY EVIDENCE TO SHOW THAT DRUG DEALERS HAD ANYTHING TO DO WITH THESE MURDERS?

Direct rebuttal of the defense's drug-dealer alternative suspect theory; Lange's answer was 'NONE.'

Johnnie Cochran

DETECTIVE LANGE, YOU WOULDN'T BE DISAPPOINTED IF I DIDN'T ASK YOU ANY OTHER QUESTIONS, WOULD YOU?

Cochran waived recross entirely, signaling confidence that the redirect did no damage worth addressing.

Lance A. Ito

YOU ARE INSTRUCTED TO DISREGARD THAT QUESTION AND ANSWER. THE TOPIC OF DNA TESTING AND THE RESULTS OF THAT DNA TESTING WILL BE PRESENTED AT A LATER TIME THROUGH EXPERT WITNESSES.

Ito struck Lange's earlier testimony about DNA under Nicole's fingernails, preserving the issue for expert witnesses and preventing Lange from opining on scientific results.

The Witness (Lange)

THEY WERE IDENTIFIED BY THE OWNER OF THE VEHICLE AND THE KEYS TO ME.

Lange's attempt to introduce key identification was immediately struck as hearsay, illustrating Clark's repeated difficulty getting this evidence in through this witness.

Evidence (5)

Informal

Photograph of melted ice cream used in timing experiment, compared to ice cream observed at 875 South Bundy at 4:30 a.m.

discussed

Informal

Faye Resnick's book, examined for any impact on drug-murder theory

discussed

Informal

Keys found near Ron Goldman's body, ultimately returned to a woman named Andrea

discussed

Informal

Ron Goldman's vehicle parked on Dorothy Street south of Bundy, facing west; impounded during investigation

discussed

Informal

Nicole Brown Simpson's condominium, searched for drug paraphernalia — none found

discussed

Notable Exchanges (3)

Marcia Clark•Johnnie Cochran•Lance A. Ito

Clark repeatedly attempted to introduce vehicle/key identification through Lange but was blocked by sustained hearsay objections each time the vehicle owner's statements were implicated. Ito ultimately told Clark to 'move on.'

frustrated/procedural

Lance A. Ito•Johnnie Cochran

Ito issued a curative instruction striking Lange's earlier testimony about DNA under Nicole's fingernails, with Cochran and the judge agreeing the witness could be excused.

procedural

Johnnie Cochran•Detective Lange

Cochran waived recross entirely with a jovial 'Have a nice day,' and Lange responded 'Thank you.' Judge Ito quipped he would feel much happier too to let Lange go.

light

Light Moments (2)

Johnnie Cochran

Cochran waived recross by asking Lange if he'd be disappointed to not face more questions, to which Lange said 'No sir, I would not.' Cochran replied 'Have a nice day.'

Lance A. Ito

Ito said 'He would feel much happier. I would feel much happier, too' upon releasing Detective Lange.

Objections

22 objections (12 sustained, 7 overruled)

Proceeding 5228 • 169 utterances • Prosecution witness

Criminal Trial

Department 103