Cross-examination of Comm. Keith Bushey (part 1)

📄 Cross-examination of Comm. Keith Bushey (part 1) — Wednesday, September 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\20\CROSS-EXAMINATION-OF-COMM-KEIT.DOC

TRIAL

▲ Day 158 of 167

◀ Direct examination of Comm. Keith Bushey Sidebar: Belushi case testimony ▶

Witness: Comm. Keith Bushey
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, September 20, 1995 • Utterances: 127

Johnnie Cochran cross-examines LAPD Commander Keith Bushey about his 2:30 AM order directing Detective Phillips to notify O.J. Simpson of Nicole Brown Simpson's death. Cochran methodically establishes that Bushey bypassed LAPD next-of-kin policy — which would designate Nicole's parents, not her ex-husband — and that all four detectives subsequently left the crime scene unattended for over two hours to carry out that order. Cochran's attempts to expand into related topics (the Coroner, criminalist response, the Belushi case) were repeatedly shut down by sustained objections.

# 1 THE COURT:

Mr. Cochran.

CROSS-EXAMINATION BY Mr. COCHRAN

# 2 MR. COCHRAN:

Good morning, Commander Bushey.

# 3 COMMANDER BUSHEY:

Good morning. How are you?

# 4 MR. COCHRAN:

Doing fine, are you how?

# 5 COMMANDER BUSHEY:

Good, thank you.

# 6 MR. COCHRAN:

Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 7 MR. COCHRAN:

Now, Commander Bushey, you have described for us that you were the commanding officer in West Los Angeles back on June 12th of 1994. You were no. 2 to the deputy chief. Was it Ron Frankle at that point?

# 8 COMMANDER BUSHEY:

That's correct.

# 9 MR. COCHRAN:

He was your boss at that point; is that correct?

# 10 COMMANDER BUSHEY:

That's correct.

# 11 MR. COCHRAN:

You just described for us that you had some line responsibility for the detective division; is that correct?

# 12 COMMANDER BUSHEY:

Functional.

# 13 MR. COCHRAN:

Functional responsibility. And one of the detectives who worked in your functional responsibility was mark Fuhrman; isn't that correct?

# 14 COMMANDER BUSHEY:

That's correct.

# 15 MS. CLARK:

Objection, beyond the scope.

# 16 THE COURT:

Sustained.

# 17 MR. COCHRAN:

Well, your Honor, he brought out that he had functional responsibility.

# 18 THE COURT:

Sustained. Sustained.

# 19 MR. COCHRAN:

Now, you--with regard to this--this situation, you had been to New Orleans or just returned home from New Orleans, Louisiana; is that correct?

# 20 COMMANDER BUSHEY:

That's correct.

# 21 MR. COCHRAN:

What time did you get home on that day?

# 22 COMMANDER BUSHEY:

Probably around midnight.

# 23 MR. COCHRAN:

And you received a call about 2:30 in the morning; is that correct?

# 24 COMMANDER BUSHEY:

Correct.

# 25 MR. COCHRAN:

That call was from Ron Phillips; is that correct?

# 26 COMMANDER BUSHEY:

I believe the call was initiated by the watch commander on the scene and then he handed the phone to Detective Phillips. That is my recollection.

# 27 MR. COCHRAN:

All right. At any rate, you had some contact with Ron Phillips by 2:30; is that correct?

# 28 COMMANDER BUSHEY:

That's correct.

# 29 MR. COCHRAN:

At that time was Ron Phillips still the lead detective on the case?

# 30 COMMANDER BUSHEY:

Yes.

# 31 MR. COCHRAN:

And did Ron Phillips at that time tell you the names of the victims?

# 32 COMMANDER BUSHEY:

He--we--yes. We knew the name of one of the victims, Miss Simpson, but we were not aware of the identity of the male.

# 33 MR. COCHRAN:

So that at 2:30 A.m. He told you that the female victim was Nicole Brown Simpson?

# 34 COMMANDER BUSHEY:

Yes.

# 35 MR. COCHRAN:

All right. And you recall that specifically?

# 36 COMMANDER BUSHEY:

Yes.

# 37 MR. COCHRAN:

All right. Then armed with that information you then directed him, suggested to him that he notify Mr. Simpson as soon as possible, right?

# 38 COMMANDER BUSHEY:

I did not suggest it; I directed him.

KEY QUOTE

# 39 MR. COCHRAN:

You directed him?

# 40 COMMANDER BUSHEY:

That's correct.

# 41 MR. COCHRAN:

All right. Now, you knew under LAPD policy that Mr. Simpson was the ex-husband of the divorced spouse of this particular lady; isn't that correct?

# 42 COMMANDER BUSHEY:

That is not correct.

# 43 MR. COCHRAN:

You didn't know that?

# 44 COMMANDER BUSHEY:

Under LAPD policy?

# 45 MR. COCHRAN:

I'm asking you did you know that Mr. Simpson was the ex-husband?

# 46 COMMANDER BUSHEY:

I believe that I did.

# 47 MR. COCHRAN:

All right. And under LAPD policy, in notifying the next of kin, Mr. Simpson would not be the next of kin, would he?

# 48 COMMANDER BUSHEY:

I don't know that--

# 49 MR. COCHRAN:

Well, have you read your policy lately, sir?

# 50 COMMANDER BUSHEY:

No, I haven't read it lately, but that would certainly be the most logical person to contact with those children there.

# 51 MR. COCHRAN:

Let's get back to my question. My question, under the LAPD policy regarding next of kin, the ex-husband would not be the next of kin. Wouldn't her family, wouldn't her mother and the father be the next of kin, sir? Isn't that correct?

# 52 COMMANDER BUSHEY:

They would be the next of kin, sure.

# 53 MR. COCHRAN:

Right. Did you take any efforts to have them notified, sir?

# 54 COMMANDER BUSHEY:

I did not, no.

# 55 MR. COCHRAN:

All right. And so you--as the commander you understand the LAPD policy and you are sworn to uphold that policy, aren't you?

# 56 COMMANDER BUSHEY:

Yes.

# 57 MR. COCHRAN:

All right. LAPD tries to uphold their own policies, don't they?

# 58 COMMANDER BUSHEY:

Say again.

# 59 MR. COCHRAN:

You try to uphold your own policies?

# 60 COMMANDER BUSHEY:

Certainly.

# 61 MR. COCHRAN:

Right. So no effort was made to call the Brown family, but to notify the ex-husband, Mr. Simpson; is that correct, at 2:30, per your order?

# 62 COMMANDER BUSHEY:

We had no knowledge of how to contact the Brown family. We did feel that we did contact Mr. Simpson. We were driven by practicality in that instance.

KEY QUOTE

# 63 MR. COCHRAN:

I see. Did you--the Los Angeles Police Department has unlimited resources to locate people throughout the world; isn't that correct, sir?

KEY QUOTE

# 64 COMMANDER BUSHEY:

I wouldn't say unlimited.

# 65 MR. COCHRAN:

Well, you have resources but you can locate people throughout the world; isn't that correct?

# 66 COMMANDER BUSHEY:

Well, we do.

# 67 MR. COCHRAN:

Now, at any rate, at 2:30 in the morning you indicated, per order to Ron Phillips, to notify O.J. Simpson regarding the death of his ex-wife as soon as possible; is that correct?

# 68 COMMANDER BUSHEY:

That's correct.

# 69 MR. COCHRAN:

Do you know what time that notification was made?

# 70 COMMANDER BUSHEY:

It was made at sometime after that. I don't recall the exact time, but it was made at sometime after that.

# 71 MR. COCHRAN:

Would you be surprised the notification was made after five o'clock in the morning, perhaps two and one-half hours later that morning?

# 72 COMMANDER BUSHEY:

I would have preferred the notification before then.

# 73 MR. COCHRAN:

That is not my question. My question is are you aware?

# 74 COMMANDER BUSHEY:

Yes.

# 75 MR. COCHRAN:

That your order which he was duty bound to follow was complied with some two and a half hours or more later?

KEY QUOTE

# 76 COMMANDER BUSHEY:

Yes.

# 77 MR. COCHRAN:

Are you aware of that?

# 78 COMMANDER BUSHEY:

Yes.

# 79 MR. COCHRAN:

Now, and in that connection are you aware that all four detectives in your division, which you are in charge of, left the crime scene two and a half hours later after your order to go to notify the husband who is not the next of kin and left the crime scene without a detective there? Do you understand that?

# 80 COMMANDER BUSHEY:

Yes.

# 81 MS. CLARK:

Objection, no--objection. That misstates the testimony.

# 82 MR. COCHRAN:

Well, without one of the working detectives there, your Honor.

# 83 THE COURT:

Overruled.

# 84 MR. COCHRAN:

Now, when you were talking to Detective Phillips about resources and various things, did you ask him whether or not he called the Coroner's office so the bodies would be treated with some dignity and removed from that scene?

# 85 MS. CLARK:

Objection, beyond the scope and irrelevant.

# 86 THE COURT:

Sustained.

# 87 MR. COCHRAN:

I think--your Honor--

# 88 THE COURT:

Sustained.

# 89 MR. COCHRAN:

With regard to the Coroner?

# 90 THE COURT:

Sustained.

# 91 MR. COCHRAN:

Resources?

# 92 THE COURT:

Sustained.

# 93 MR. COCHRAN:

Did you ask him about whether or not any criminalist had been called to come to the scene?

# 94 COMMANDER BUSHEY:

No.

# 95 MR. COCHRAN:

It would be within your authority to help and assist, through special investigation division, to get criminalists out to the scene? Couldn't you have done that?

# 96 MS. CLARK:

Objection, beyond the scope.

# 97 THE COURT:

Sustained.

# 98 MR. COCHRAN:

No.

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

# 100 MR. COCHRAN:

Now, at some point you became aware that Ron Phillips and mark Fuhrman were taken off this case; isn't that correct? It was taken over by robbery/homicide downtown?

# 101 COMMANDER BUSHEY:

Taken over by robbery/homicide would be a better term.

# 102 MR. COCHRAN:

Okay. Taken over by them?

# 103 COMMANDER BUSHEY:

That's correct.

# 104 MR. COCHRAN:

So they were basically off the case at that point? It was handled by Vannatter and Lange, right?

# 105 COMMANDER BUSHEY:

Well, they would continue to assist subordinate to Vannatter and Lange. That would be our common practice.

# 106 MR. COCHRAN:

They would then be in charge, right?

# 107 COMMANDER BUSHEY:

Vannatter and Lange would, that's correct.

# 108 MR. COCHRAN:

Do you know what time that took a place?

# 109 COMMANDER BUSHEY:

I would be speculating.

# 110 MR. COCHRAN:

All right. Please don't speculate. But at 2:30--was it your understanding at 2:30 that Phillips and Fuhrman were still in charge of the case at that point?

# 111 COMMANDER BUSHEY:

Yes.

# 112 MR. COCHRAN:

And you gave Phillips a direct order at that point; is that correct?

# 113 COMMANDER BUSHEY:

Direct order.

# 114 MR. COCHRAN:

Now, you mentioned the fact that your interest in this whole area was steeped and piqued by your experience in the John Belushi case; is that correct?

# 115 COMMANDER BUSHEY:

Not exclusively.

# 116 MR. COCHRAN:

That was an example you gave?

# 117 COMMANDER BUSHEY:

That was an example I provided.

# 118 MR. COCHRAN:

In the Belushi case there wasn't an immediate response to the scene by the Coroner, or was there?

# 119 MS. CLARK:

Objection, irrelevant.

# 120 THE COURT:

Sustained.

# 121 MR. COCHRAN:

Well, I--

# 122 THE COURT:

Sustained.

# 123 MR. COCHRAN:

Are you aware that Dr. Michael Baden testified--

# 124 MS. CLARK:

Objection, irrelevant.

# 125 THE COURT:

Sustained, sustained. It is not relevant.

# 126 MR. COCHRAN:

--in Belushi's case.

# 127 THE COURT:

Over at the side bar with the court reporter, please.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

I did not suggest it; I directed him.

Bushey correcting Cochran's word choice — insisting it was a 'direct order' not a 'suggestion' — inadvertently strengthens the defense argument that the chain of command, not organic detective judgment, drove the decision to go to Simpson's house.

Comm. Keith Bushey

We had no knowledge of how to contact the Brown family. We did feel that we did contact Mr. Simpson. We were driven by practicality in that instance.

Bushey's 'practicality' rationale for bypassing next-of-kin policy is a weak justification that Cochran can use to suggest special treatment of Simpson and departure from standard procedure.

Johnnie Cochran

The Los Angeles Police Department has unlimited resources to locate people throughout the world; isn't that correct, sir?

Cochran undermines the 'we couldn't find the Browns' excuse by pointing to the LAPD's well-known investigative reach, exposing the decision as a choice rather than a necessity.

Johnnie Cochran

Are you aware that your order which he was duty bound to follow was complied with some two and a half hours or more later?

Establishes that the detectives didn't even notify Simpson promptly — they left the crime scene unattended for 2.5+ hours and still delayed the notification, undermining any 'urgency' justification.

Evidence (1)

Informal

LAPD next-of-kin notification policy

discussed and challenged — Cochran uses it to argue Simpson was improperly notified ahead of Nicole's biological family

Notable Exchanges (3)

Johnnie Cochran•Comm. Keith Bushey

Cochran walks Bushey through the LAPD next-of-kin policy, getting Bushey to concede that Nicole's parents — not her ex-husband — were the proper next of kin, and that no effort was made to contact the Brown family.

strategic

Johnnie Cochran•Comm. Keith Bushey

Cochran establishes that Bushey's 2:30 AM direct order to notify Simpson wasn't followed for over two and a half hours, and that all four working detectives abandoned the crime scene to carry it out.

revealing

Johnnie Cochran•Lance A. Ito

Cochran repeatedly attempts to introduce the Belushi case and Dr. Baden's testimony as comparators for Coroner response, and is sustained every time, eventually being called to sidebar.

procedural

Light Moments (1)

Johnnie Cochran

Cochran accidentally reverses his own pleasantry: 'Doing fine, are you how?' — an inadvertent malapropism that briefly humanizes the exchange.

Credibility Attacks (2)

⚔ Comm. Keith Bushey

policy inconsistency / selective enforcement

Cochran demonstrates that Bushey ordered detectives to bypass LAPD next-of-kin policy and notify the ex-husband instead of Nicole's parents, then accepted a 2.5-hour delay in even that notification — suggesting the order was motivated by something other than policy or urgency.

⚔ LAPD (institutional)

chain of command accountability

By tracing the decision to notify Simpson directly to Bushey's command authority, Cochran implicates the top of the West LA chain in the procedural irregularities that the defense argues tainted the entire investigation.

Witness Demeanor

Cooperative and direct, but occasionally hedging ('I would be speculating,' 'I don't know that—')

Defensively corrects Cochran's language ('functional' vs. 'line' responsibility; 'directed' vs. 'suggested')

Willing to concede uncomfortable facts (no effort to reach Brown family, 2.5-hour delay) without apparent distress

Objections

6 objections (5 sustained, 1 overruled)

Proceeding 7785 • 127 utterances • Prosecution witness

Criminal Trial

Department 103