Further redirect examination of Philip Vannatter

📄 Further redirect examination of Philip Vannatter — Tuesday, September 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\19\FURTHER-REDIRECT-EXAMINATION-O.DOC

TRIAL

▲ Day 157 of 167

◀ Exhibit 609 handling Motion: FBI agent testimony restrictions ▶

Witness: Det. Philip Vannatter
Examiner: Robert Shapiro
Called by: Defense • Date: Tuesday, September 19, 1995 • Utterances: 44

Shapiro conducts a brief further redirect examination of Det. Vannatter, focusing on two items: a brown dress glove found at Simpson's residence (distinct from the Aris light gloves at the murder scene), and a knit ski cap found at Nicole Brown Simpson's Bundy condominium. Shapiro probes whether a comparison was ever made between the cap at Bundy and the one found at Simpson's Rockingham estate, exposing that Vannatter — as lead detective — never asked his partner whether such a comparison was done.

# 1 THE COURT:

Mr. Shapiro.

FURTHER REDIRECT EXAMINATION BY MR. SHAPIRO

# 2 MR. SHAPIRO:

Detective Vannatter, so we are all clear, this brown glove is the only glove of a dress description that was found inside O.J. Simpson's residence; is that correct?

# 3 DET. VANNATTER:

To my knowledge, yes.

# 4 MR. SHAPIRO:

And this is not the same glove, based on lining, stitching and other material, as the gloves you've described as the gloves found at the murder scene?

# 5 DET. VANNATTER:

That is not the same glove as the Aris light, no, it is not.

KEY QUOTE

# 6 MR. SHAPIRO:

And the other gloves that you found, the men's black gloves were found in a ski closet with other ski equipment; is that correct?

# 7 DET. VANNATTER:

As I recall, they were found in the master closet in the bedroom.

# 8 MR. SHAPIRO:

Were they separated by ski equipment?

# 9 DET. VANNATTER:

Well, as I recall, the clothing in the closet was very orderly and I believe they were separated with other gloves and everything in the drawers were separated in an orderly fashion.

# 10 MR. SHAPIRO:

Are you sure they were not found in a ski closet with ski clothes that belonged to both men and women and children?

# 11 DET. VANNATTER:

I'm not positive of that because I was not the one that actually recovered them.

# 12 MR. SHAPIRO:

And isn't it a fact that a knit ski cap, similar to the one you've described at Mr. Simpson's house, was also found inside the residence at Nicole Brown Simpson's condominium?

# 13 DET. VANNATTER:

I wasn't there. I have been told certain things and I don't know that I can answer that question.

# 14 THE COURT:

All right. He wasn't the one who recovered that.

# 15 MR. SHAPIRO:

You are aware that one was found there, are you not?

# 16 MR. KELBERG:

I will object, your Honor.

# 17 THE COURT:

He is the lead detective.

# 18 DET. VANNATTER:

I was told by my partner that a child's cap was recovered from the children's bedroom at Bundy, yes.

KEY QUOTE

# 19 MR. SHAPIRO:

Did you try that cap for size?

# 20 DET. VANNATTER:

Did I?

# 21 MR. SHAPIRO:

Yes.

# 22 DET. VANNATTER:

No, sir, I did not.

# 23 MR. SHAPIRO:

Are these generally one size fits all caps?

# 24 DET. VANNATTER:

Well, I think there is caps made for children and I think there is caps made for adults, yes, and they are a stretchy knit material so they would probably fit anybody that wanted to pull them on their head, yes.

# 25 MR. SHAPIRO:

One moment.

# 26 (Discussion held off the record between Defense counsel.)

# 27 MR. SHAPIRO:

Isn't it a fact that the ski cap that was found at Nicole Brown Simpson's condominium is the exact same size the ski cap found at O.J. Simpson's house and you refused to take it?

# 28 MR. KELBERG:

Objection, your Honor, both compound, leading and assumes facts not in evidence.

# 29 THE COURT:

Assumes facts not in evidence. Rephrase the question.

# 30 MR. SHAPIRO:

Has a comparison been made with the size of the ski cap that was found at Nicole Brown Simpson's condominium and the one that was found at O.J. Simpson's house? Excuse me. Let me withdraw that question.

# 31 (Discussion held off the record between Defense counsel.)

# 32 THE COURT:

Counsel, we are sort of in the clarification area.

# 33 MR. SHAPIRO:

Inside. I was corrected. Inside Nicole Brown Simpson's condominium and at O.J. Simpson's house were those compared to see if they were the same size?

# 34 DET. VANNATTER:

You are asking me questions that I have no personal knowledge of. I was not there when that cap was found.

# 35 MR. SHAPIRO:

As the lead detective, did you ask to see for a comparison of those caps?

# 36 DET. VANNATTER:

Well, I believe my partner was there. He would have handled anything that had to be done. You keep referring to lead detectives. We work as partners. We are both responsible for the same thing.

# 37 MR. SHAPIRO:

Talk to each other?

# 38 DET. VANNATTER:

Yes, yes. He is a friend of mine.

# 39 MR. SHAPIRO:

Did you ask him whether a comparison was made?

# 40 DET. VANNATTER:

I--I don't know that I ever did. I can't honestly answer that.

KEY QUOTE

# 41 MR. SHAPIRO:

Thank you. Nothing further.

# 42 THE COURT:

Thank you. Mr. Kelberg.

# 43 MR. KELBERG:

I think I can confidently say, your Honor, may the witness be excused?

# 44 THE COURT:

All right. Thank you, detective. You are excused.

Temperature

procedural

Key Quotes (4)

Det. Philip Vannatter

That is not the same glove as the Aris light, no, it is not.

Confirms the brown dress glove found at Rockingham is a distinct item from the iconic murder scene gloves, clarifying the record.

Det. Philip Vannatter

I was told by my partner that a child's cap was recovered from the children's bedroom at Bundy, yes.

Vannatter concedes knowledge of a cap at the victim's residence, which Shapiro is trying to use to muddy the evidentiary significance of the cap found at Simpson's home.

Det. Philip Vannatter

You keep referring to lead detectives. We work as partners. We are both responsible for the same thing.

Vannatter deflects accountability for investigative follow-up by diffusing responsibility to his partner Fuhrman, weakening the 'lead detective' framing Shapiro is using.

Det. Philip Vannatter

I--I don't know that I ever did. I can't honestly answer that.

Vannatter admits he never asked his partner whether a size comparison was made between the two caps — a notable investigative gap Shapiro leaves hanging as his final point.

Evidence (4)

Informal

Brown dress glove found inside O.J. Simpson's Rockingham residence

discussed — confirmed as distinct from the Aris light gloves found at the murder scene

Informal

Men's black gloves found in master bedroom closet at Rockingham

discussed — Vannatter uncertain whether found in ski closet or master closet, admits he did not personally recover them

Informal

Knit ski cap found at Simpson's Rockingham residence

discussed — Shapiro probes whether a size comparison was made to the cap at Bundy

Informal

Knit cap recovered from children's bedroom at Nicole Brown Simpson's Bundy condominium

discussed — Vannatter had secondhand knowledge only via his partner; no size comparison with Rockingham cap was ever requested

Notable Exchanges (2)

Robert Shapiro•Det. Philip Vannatter

Shapiro attempts to establish that a cap found at the victim's home is the same size as the one found at Simpson's estate, implying the prosecution cherry-picked evidence. Vannatter repeatedly deflects on grounds of no personal knowledge, but ultimately admits he never asked his partner about a comparison.

strategic

Robert Shapiro•Det. Philip Vannatter

Shapiro presses the 'lead detective' accountability angle; Vannatter pushes back by reframing the partnership as equal, then adds 'He is a friend of mine' — a humanizing but slightly awkward aside.

revealing

Light Moments (2)

Robert Shapiro

After Vannatter explains that he and his partner talk and are both responsible, Shapiro asks simply 'Talk to each other?' — a deadpan callback that drew a 'Yes, yes. He is a friend of mine' from Vannatter.

Brian Kelberg

Kelberg closes by saying 'I think I can confidently say, your Honor, may the witness be excused?' — a wry acknowledgment that this examination has finally run its course.

Credibility Attacks (2)

⚔ Det. Philip Vannatter

omission / investigative negligence

Shapiro establishes that Vannatter, as lead detective, never requested a size comparison between the ski cap at Simpson's home and one found at the victim's residence — implying a failure to pursue exculpatory or contextualizing evidence.

⚔ Det. Philip Vannatter

impeachment by uncertainty

Vannatter cannot confirm where the black gloves were found (master closet vs. ski closet), admitting he was not the one who recovered them — undermining his command of the investigation's details.

Witness Demeanor

(Discussion held off the record between Defense counsel.) — twice, indicating Shapiro was being corrected or directed mid-examination by co-counsel

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 7765 • 44 utterances • Defense witness

Criminal Trial

Department 103