Cross-examination of Philip Vannatter (part 1)

📄 Cross-examination of Philip Vannatter (part 1) — Tuesday, September 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\19\CROSS-EXAMINATION-OF-PHILIP-VA.DOC

TRIAL

▲ Day 157 of 167

◀ Direct examination of Philip Vannatter Sidebar: code of silence objection ▶

Witness: Det. Philip Vannatter
Examiner: Brian Kelberg
Called by: Defense • Date: Tuesday, September 19, 1995 • Utterances: 40

Prosecutor Kelberg cross-examines Detective Vannatter (who was called as an adverse witness by the defense) on two fronts: whether any Aris gloves or additional ski caps were found at Simpson's residence, and — more significantly — rehabilitating Vannatter by letting him vent his frustration at being accused of conspiring to frame Simpson. The examination ends abruptly at sidebar after a sustained objection strips Vannatter's last answer.

# 1 MR. KELBERG:

Thank you, your Honor. Good morning, ladies and gentlemen, and I will be brief.

CROSS-EXAMINATION BY MR. KELBERG

# 2 MR. KELBERG:

Detective Vannatter, just to go in that area first and then we will go back to the conversation issue, were there any other ski caps, knit ski caps, seized from Mr. Simpson's house in the search for clothing and so forth?

# 3 DET. VANNATTER:

You know, I would have to refresh my memory on that. I believe--I believe there were additional caps that were seized or were observed in the master closet.

# 4 MR. KELBERG:

And caps of a knit ski cap variety?

# 5 DET. VANNATTER:

Yes.

# 6 MR. KELBERG:

Would it be accurate to say that other than this single glove, the exhibit number I have to say I did not catch--

# 7 THE COURT:

609.

# 8 MR. KELBERG:

Thank you, your Honor.

# 9 MR. KELBERG:

--609, was there any Aris gloves recovered at all from the residence of Mr. Simpson?

# 10 DET. VANNATTER:

No.

# 11 MR. KELBERG:

Now, going back to this other issue, you had testified at the preliminary hearing as a witness; is that correct?

# 12 DET. VANNATTER:

Yes, sir.

# 13 MR. KELBERG:

How did you feel about the manner in which you were examined by Mr. Shapiro at that preliminary hearing?

# 14 MR. SHAPIRO:

Objection, improper question.

# 15 THE COURT:

Overruled.

# 16 DET. VANNATTER:

How did I feel about it? I thought he was a little antagonistic and I was trying to tell him the truth is all I am trying to do now.

# 17 MR. KELBERG:

Have you, result of the exposure of this case, felt that you have been falsely accused, you as a Los Angeles Police Department officer, have been falsely accused of entering into a conspiracy to convict an innocent man, Mr. Simpson?

# 18 MR. SHAPIRO:

Objection, leading.

# 19 THE COURT:

Overruled. It is cross-examination.

# 20 MR. SHAPIRO:

No. He is called as an adverse witness.

KEY QUOTE

# 21 THE COURT:

Overruled.

# 22 DET. VANNATTER:

You bet I have. I have dedicated over 25 years of hard service to this city and I've done a lot of work and I have seen a lot of people murdered, innocently murdered, and I have attempted to do the best I can to come to successful conclusions on those.

KEY QUOTE

# 23 THE COURT:

Next question.

# 24 MR. KELBERG:

And sir, have you expressed your frustrations at any time since the trial began?

# 25 MR. SHAPIRO:

Objection.

# 26 MR. KELBERG:

About the accusations that have been leveled against you?

# 27 MR. SHAPIRO:

Objection, irrelevant, beyond the scope.

# 28 THE COURT:

Overruled.

# 29 DET. VANNATTER:

You bet I have, yes.

# 30 MR. KELBERG:

And in the manner in which you have expressed such frustrations please tell us what you have done or said.

# 31 DET. VANNATTER:

Well, it--

# 32 THE COURT:

Hold on. That is a vague and overbroad question.

# 33 MR. KELBERG:

All right.

# 34 MR. KELBERG:

Have you expressed verbally your frustrations to accusations specifically about the police conspiring to frame O.J. Simpson?

# 35 DET. VANNATTER:

Yes, I have.

# 36 MR. SHAPIRO:

Objection.

# 37 THE COURT:

Sustained.

# 38 MR. KELBERG:

Have you--

# 39 MR. SHAPIRO:

Motion to strike.

# 40 THE COURT:

The answer is stricken. Counsel, let me see you at side bar with the court reporter.

Temperature

tense

Key Quotes (3)

Det. Philip Vannatter

You bet I have. I have dedicated over 25 years of hard service to this city and I've done a lot of work and I have seen a lot of people murdered, innocently murdered, and I have attempted to do the best I can to come to successful conclusions on those.

Vannatter's most emotionally charged moment in the trial — an unprompted career defense in response to conspiracy accusations, allowed in over Shapiro's objection.

Det. Philip Vannatter

I thought he was a little antagonistic and I was trying to tell him the truth is all I am trying to do now.

Vannatter characterizes Shapiro's preliminary hearing examination as antagonistic, setting up the rehabilitation narrative that Kelberg is building.

Robert Shapiro

No. He is called as an adverse witness.

Shapiro contests the procedural basis for Kelberg's leading questions — an adverse witness is treated differently than a standard cross — but Ito overrules anyway.

Evidence (2)

People's 609

Single glove — the solitary Aris glove recovered from Simpson's residence

Referenced to establish that no other Aris gloves were found at the property

Informal

Additional knit ski caps observed or seized from Simpson's master closet

Discussed — Vannatter confirms their existence but says he would need to refresh his memory on specifics

Notable Exchanges (2)

Brian Kelberg•Det. Philip Vannatter•Robert Shapiro

Kelberg asks Vannatter directly if he feels falsely accused of conspiring to frame Simpson. Shapiro objects on leading grounds; Ito overrules. Vannatter launches into an impassioned 25-year career defense — the exact emotional beat Kelberg was engineering.

revealing

Robert Shapiro•Lance A. Ito

After Kelberg's question about expressing frustrations is sustained and the answer stricken, Shapiro adds a motion to strike and Ito calls both sides to sidebar. The examination is cut off mid-rehabilitation.

procedural

Credibility Attacks (1)

⚔ Det. Philip Vannatter

Rehabilitation / reverse-impeachment

Kelberg uses cross to do the opposite of attack — he lets Vannatter characterize Shapiro as antagonistic and gives him a platform to rebut the conspiracy narrative, leveraging the emotional credibility of Vannatter's career record.

Objections

5 objections (1 sustained, 3 overruled)

Proceeding 7758 • 40 utterances • Defense witness

Criminal Trial

Department 103