Direct examination of Bernie Douroux

📄 Direct examination of Bernie Douroux — Monday, May 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\8\DIRECT-EXAMINATION-OF-BERNIE-D.DOC

TRIAL

▲ Day 69 of 167

◀ Exhibit marking Cross-examination of Bernie Douroux (part 1) ▶

Witness: Bernie Douroux
Examiner: Christopher Darden
Called by: Prosecution • Date: Monday, May 8, 1995 • Utterances: 151

Bernie Douroux, a tow truck driver for Rheuban Motors, testified about picking up OJ Simpson's Ford Bronco from 360 North Rockingham on June 13, 1994 and delivering it to the LAPD print shed at Parker Center. He established that the Bronco was locked when he found it, that he did not open or touch the doors, and that the print shed was a secured facility that was locked when he left.

# 1 MR. DARDEN:

The People call Mr. Douroux, your Honor.

# 2 THE COURT:

All right. Mr. Douroux, would you come over here to the witness stand, please. Raise your right hand and face the clerk, please,

Bernie Douroux, called as a witness by the People, was sworn and testified as follows:

# 3 THE CLERK:

Raise your right hand, please. You do solemnly swear that the testimony you may give in the cause now pending before this Court, shall be the truth, the whole truth and nothing but the truth, so help you God?

# 4 MR. DOUROUX:

I do.

# 5 THE CLERK:

Please have a seat on the witness stand and state and spell your first and last names for the record.

# 6 MR. DOUROUX:

Bernie Douroux.

# 7 THE CLERK:

Can you spell your first and last names for the record?

# 8 MR. DOUROUX:

B-E-R-N-I-E D-O-U-R-O-U-X.

# 9 THE COURT:

All right. Mr. Darden.

# 10 MR. DARDEN:

Thank you, your Honor.

DIRECT EXAMINATION BY MR. DARDEN

# 11 MR. DARDEN:

Mr. Douroux, who were you working for on June 13, 1994?

# 12 MR. DOUROUX:

Rheuban motors.

# 13 MR. DARDEN:

Rheuban motors?

# 14 MR. DOUROUX:

Yes.

# 15 MR. DARDEN:

Okay. Could you pull the microphone a little closer there and speak into it?

# 16 MR. DOUROUX:

Rheuban motors.

# 17 MR. DARDEN:

Sounded the same for some reason.

KEY QUOTE

# 18 MR. DOUROUX:

This better? Rheuban motors.

# 19 MR. DARDEN:

Okay. And Rheuban motors is a towing--automobile towing company?

# 20 MR. DOUROUX:

It's police impound. Yes.

# 21 MR. DARDEN:

And what do you do for Rheuban motors?

# 22 MR. DOUROUX:

Impound vehicles at LAPD, to request have impounded or private towing.

# 23 THE COURT:

Mrs. Robertson, would you crank that up. Mr. Darden.

# 24 MR. DARDEN:

Thank you.

# 25 MR. DARDEN:

On the afternoon of June 13th at around 3:06 P.M., did you receive a radio call from your dispatcher?

# 26 MR. DOUROUX:

Yes, we did.

# 27 MR. DARDEN:

And after receiving that radio call, did you go somewhere?

# 28 MR. DOUROUX:

Yes, I did.

# 29 MR. DARDEN:

Where did you go?

# 30 MR. DOUROUX:

360 Rockingham.

# 31 MR. DARDEN:

And why did you go to 360 Rockingham?

# 32 MR. DOUROUX:

We were requested by LAPD to pick up a vehicle.

# 33 MR. DARDEN:

Okay. And what time did you arrive at 360 north Rockingham?

# 34 MR. DOUROUX:

Approximately 3:30.

# 35 MR. DARDEN:

Okay. And did you speak to a police officer at that location?

# 36 MR. DOUROUX:

I spoke to a couple of them, yes.

# 37 MR. DARDEN:

Okay. And were you given any instructions?

# 38 MR. DOUROUX:

Yes, I did. Yes, I was.

# 39 MR. DARDEN:

Okay. What instructions were you given by the officers?

# 40 MR. DOUROUX:

Not to touch the vehicle, not to open it and to take it downtown.

KEY QUOTE

# 41 MR. DARDEN:

Okay. And were you directed toward a certain vehicle, to a certain vehicle?

# 42 MR. DOUROUX:

Yes, I was.

# 43 MR. DARDEN:

And what vehicle was that?

# 44 MR. DOUROUX:

Ford Bronco.

# 45 MR. DARDEN:

Okay. The Ford Bronco that's been on--

# 46 MR. DOUROUX:

Yes.

# 47 MR. DARDEN:

Okay. Mr. Simpson's Ford Bronco?

# 48 MR. DOUROUX:

Yes, sir.

# 49 MR. DARDEN:

And did you tow that Ford Bronco?

# 50 MR. DOUROUX:

Yes, I did.

# 51 MR. DARDEN:

Did you touch it prior to hooking it up to your tow truck?

# 52 MR. DOUROUX:

Not prior. But after I hooked it up, I did touch the front right tire just to make sure it was locked, the steering column was locked.

# 53 MR. DARDEN:

Okay. Now, during the time that you were at 360 north Rockingham, did you ever see any civilian touch the Ford Bronco?

# 54 MR. DOUROUX:

No, I didn't.

# 55 MR. DARDEN:

And did you ever touch the doors or the--

# 56 MR. DOUROUX:

No, sir.

# 57 MR. DARDEN:

Did you look inside the Ford Bronco?

# 58 MR. DOUROUX:

I glanced inside, but didn't check to see anything.

# 59 MR. DARDEN:

Okay. You took a glance inside?

# 60 MR. DOUROUX:

See, make sure it was in full-time four-wheel drive. There's a little button sometimes tells you it's four-wheel full-time, but there was nothing.

# 61 MR. DARDEN:

Now, to take this glance inside the vehicle, did you open the door?

# 62 MR. DOUROUX:

No, sir.

# 63 MR. DARDEN:

Did you ever touch the door handle?

# 64 MR. DOUROUX:

No, sir.

# 65 MR. DARDEN:

Okay. What did you do to take this glance inside the Ford Bronco?

# 66 MR. DOUROUX:

Just--just look like that and that was it, took a quick peek (Indicating).

# 67 MR. DARDEN:

Could you tell whether or not the Ford Bronco was locked?

# 68 MR. DOUROUX:

Yes, it was locked because it had little--the buttons were down on the Bronco.

KEY QUOTE

# 69 MR. DARDEN:

Okay. It was locked when you first saw it?

# 70 MR. DOUROUX:

Yes, sir.

# 71 MR. DARDEN:

Did you unlock that vehicle?

# 72 MR. DOUROUX:

No, sir.

# 73 MR. DARDEN:

And did you tow that vehicle?

# 74 MR. DOUROUX:

Yes, sir, I did.

# 75 MR. DARDEN:

Where did you tow the Ford Bronco to?

# 76 MR. DOUROUX:

To Parker Center to print shed over here.

# 77 MR. DARDEN:

Okay. To Parker Center over here on Los Angeles Street?

# 78 MR. DOUROUX:

Yes, sir.

# 79 MR. DARDEN:

To the print shed?

# 80 MR. DOUROUX:

Yes, sir.

# 81 THE COURT:

Hold on. Mr. Douroux, would you allow Mr. Darden and the other lawyers to finish asking the question before you start to answer?

# 82 MR. DOUROUX:

Okay. Yes, sir.

# 83 THE COURT:

See, you just did it right now. The problem we have is that you speak very softly. The court reporter has to be able to write down everything that is said. If you start to speak when Mr. Darden is still speaking, she can't take down what's being said. All right?

# 84 MR. DOUROUX:

Okay.

# 85 THE COURT:

Thank you, sir. Just let everybody finish their questions. Mr. Darden.

# 86 MR. DARDEN:

What time, sir, did you leave Rockingham with the Bronco?

# 87 MR. DOUROUX:

Oh, approximately 3:40.

# 88 MR. DARDEN:

Okay. And what time did you arrive downtown at Parker Center, if you know?

# 89 MR. DOUROUX:

It took me about an hour to get there. So probably about 4:40, 4:30.

# 90 MR. DARDEN:

Okay.

# 91 MR. DOUROUX:

Something like that.

# 92 MR. DARDEN:

And did you arrive at the print shed?

# 93 MR. DOUROUX:

I was told to meet someone at the shed. There was nobody there. So I had to go out to the front of Parker Center and request for the detective.

# 94 MR. DARDEN:

So you arrived at the print shed and there was no one there?

# 95 MR. DOUROUX:

Yes, sir.

# 96 MR. DARDEN:

And you say that you went inside Parker Center?

# 97 MR. DOUROUX:

Yes, sir.

# 98 MR. DARDEN:

Okay. And why did you do that?

# 99 MR. DOUROUX:

To let the officer know, the desk person that was there that I had the Bronco and that I was supposed to meet a detective. And he called the detective, they came down and we went down to the print shed.

# 100 MR. DARDEN:

Okay. And where was the Bronco during the time that you were speaking to the officers inside Parker Center?

# 101 MR. DOUROUX:

In front of Parker Center.

# 102 MR. DARDEN:

Okay. Was there media there?

# 103 MR. DOUROUX:

A few feet away. Well, actually about 15 yards away.

# 104 MR. DARDEN:

Okay. Did anyone pay or seem to pay any attention to the Ford Bronco?

# 105 MR. DOUROUX:

No, sir.

# 106 MR. DARDEN:

Did you see anybody approach the Ford Bronco at that time?

# 107 MR. DOUROUX:

No, sir. I'm sorry.

# 108 MR. DARDEN:

Okay. And after you spoke to the officers inside Parker Center, what did you do next?

# 109 MR. DOUROUX:

Went back to the truck and stayed with the vehicle until the detective came out.

# 110 MR. DARDEN:

Okay. And at that point, did you return to the print shed?

# 111 MR. DOUROUX:

Yes, sir, we did.

# 112 MR. DARDEN:

Okay. Along with the detective?

# 113 MR. DOUROUX:

Yes, sir.

# 114 MR. DARDEN:

Now, the print shed, is this a locked facility?

# 115 MR. DOUROUX:

Yes, it is.

# 116 MR. DARDEN:

Okay. And how do you know that?

# 117 MR. DOUROUX:

We had to open it with a key. It was steel doors and it's all locked from the inside.

# 118 MR. DARDEN:

So you saw the detective open the locked doors?

# 119 MR. DOUROUX:

Yes, sir, I did.

# 120 MR. DARDEN:

And what did you do after that?

# 121 MR. DOUROUX:

I backed the Bronco in, unhooked it. He took information down off the impound sheet and that was it.

# 122 MR. DARDEN:

Did you see the detective open the Ford Bronco?

# 123 MR. DOUROUX:

No, I didn't.

# 124 MR. DARDEN:

And when you left the Ford Bronco at the print shed, was it still locked?

# 125 MR. DOUROUX:

Yes, sir, it was.

# 126 MR. DARDEN:

Now, at some point, you left the print shed, correct?

# 127 MR. DOUROUX:

Yes, sir.

# 128 MR. DARDEN:

Okay. And as you left the print shed, did you notice whether or not the detective locked the doors to the shed?

# 129 MR. DOUROUX:

Yes, he did.

# 130 MR. DARDEN:

And how do you know that?

# 131 MR. DOUROUX:

I saw him shut the doors behind me as I was leaving.

# 132 MR. DARDEN:

Your Honor, I have here a vehicle investigation impound report. May it be marked People's next in order?

# 133 THE COURT:

234.

# 134 (Peo's 234 for id = veh. Impound report)

# 135 MR. DARDEN:

Okay. And with the Court's permission, after the witness completes his testimony, I would like to substitute this document with a Xerox copy.

# 136 THE COURT:

All right. Hearing no objection.

# 137 MR. DARDEN:

Mr. Douroux, showing you what has been marked as People's 234, is that a copy of the impound report?

# 138 MR. DOUROUX:

Yes, sir, it is.

# 139 MR. DARDEN:

Now, is there a box on that report that indicates whether or not a vehicle is locked when it's recovered?

# 140 MR. DOUROUX:

No, there isn't. Doesn't say. It just says "keys" and it says "no" for keys, but doesn't indicate that it was locked. There's no box that shows it.

# 141 MR. DARDEN:

Now, let me direct your attention to the upper left-hand corner of the report, that portion entitled "stolen, lost, embezzled."

# 142 MR. DOUROUX:

Yes.

# 143 MR. DARDEN:

Is there a box here that indicates whether or not the doors are locked?

# 144 MR. DOUROUX:

Yeah, right here (Indicating).

# 145 MR. DARDEN:

Now, does that portion of the report apply only to stolen or stolen vehicles that are recovered or does that box apply to vehicles that are impounded like the Ford Bronco in this case?

# 146 MR. DOUROUX:

Well, according to this, just lost, stolen, embezzled vehicles.

KEY QUOTE

# 147 MR. DARDEN:

Okay. And have you been interviewed by the LAPD and D.A. Investigators?

# 148 MR. DOUROUX:

Yes, I have.

# 149 MR. DARDEN:

Have you also been interviewed by Defense investigators?

# 150 MR. DOUROUX:

Yes, I have.

# 151 MR. DARDEN:

Thank you.

Temperature

routine

Key Quotes (4)

Bernie Douroux

Not to touch the vehicle, not to open it and to take it downtown.

Establishes the instructions he received from LAPD officers, supporting chain of custody integrity.

Bernie Douroux

Yes, it was locked because it had little--the buttons were down on the Bronco.

Confirms the Bronco was locked when recovered, relevant to evidence access and integrity.

Bernie Douroux

Well, according to this, just lost, stolen, embezzled vehicles.

Explains that the 'doors locked' checkbox on the impound report only applies to stolen vehicles, not impounded ones — a gap in the documentation.

Christopher Darden

Sounded the same for some reason.

Light moment — brief humor after Douroux repeated himself louder with identical diction.

Evidence (1)

People's 234

Vehicle investigation impound report for the Ford Bronco

Introduced and discussed; witness noted the report lacks a checkbox for whether an impounded (non-stolen) vehicle was locked

Notable Exchanges (2)

Lance A. Ito•Bernie Douroux

Judge Ito interrupted to instruct Douroux to wait for questions to finish before answering, noting the court reporter cannot transcribe overlapping speech.

procedural

Christopher Darden•Bernie Douroux

Darden walked through the locked/unlocked status of both the Bronco and the print shed in detail, building a chain-of-custody foundation.

strategic

Light Moments (1)

Christopher Darden

After asking Douroux to speak up and Douroux repeated 'Rheuban motors' with no apparent change in volume, Darden quipped 'Sounded the same for some reason.'

Witness Demeanor

(Witness spoke softly throughout, requiring microphone adjustment and a judicial reminder to wait before answering)

(Indicating) — witness gestured to demonstrate glancing into the Bronco without opening the door

(Indicating) — witness pointed to specific box on impound report

Objections

None recorded

Proceeding 5953 • 151 utterances • Prosecution witness

Criminal Trial

Department 103