Cross-examination of Comm. Keith Bushey (part 2)

📄 Cross-examination of Comm. Keith Bushey (part 2) — Wednesday, September 20, 1995

Address:

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

TRIAL

▲ Day 158 of 167

◀ Sidebar: Belushi case testimony Redirect examination of Comm. Keith Bushey (part 1) ▶

Witness: Comm. Keith Bushey
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, September 20, 1995 • Utterances: 264

Cochran continued his cross-examination of Commander Bushey, pressing him on the two-and-a-half-hour delay before O.J. Simpson was notified of the murders despite Bushey's direct order to Detective Phillips. Cochran methodically exposed that Bushey had no firsthand knowledge of what occurred at the Bundy scene, that Phillips never faced consequences for ignoring the order, and that no precedent existed for four lead detectives to leave a murder scene to notify someone who wasn't even next of kin.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

Thank you, counsel.

# 3 MR. COCHRAN:

Back to the Belushi case for a moment. In that case was there a problem with the Los Angeles Police Department notifying Mr. Belushi's next of kin?

# 4 COMMANDER BUSHEY:

I am not aware that there was a problem.

# 5 MR. COCHRAN:

Well, you used that as an example, or Miss Clark did, as something that the family found out through the media before they were notified? Is that what happened?

# 6 COMMANDER BUSHEY:

That is--the time frame to the time that Mr. Belushi was discovered until the media had ahold of it was so short that it would have been virtually impossible for his extended family to become aware of it.

# 7 MR. COCHRAN:

I'm sure it was a lesser time than two and a half hours, wasn't it?

# 8 COMMANDER BUSHEY:

As I recall, yes.

# 9 MR. COCHRAN:

All right. And in this case you are aware that there was at least two and a half or more hours before Mr. Simpson was even contacted. You know that, right?

# 10 COMMANDER BUSHEY:

That's correct.

# 11 MS. CLARK:

Objection. That misstates testimony, two and a half or more.

# 12 MR. COCHRAN:

Two and a half or more.

# 13 THE COURT:

Overruled.

# 14 MR. COCHRAN:

Now, in that connection you described for this jury that it is not unusual for all four detectives who are investigating a murder scene where the bodies are still there to get in cars and leave and go to give a notification? Is that what you said this to jury?

# 15 COMMANDER BUSHEY:

Yes.

# 16 MS. CLARK:

Objection. That was argumentative.

# 17 THE COURT:

Overruled.

# 18 MR. COCHRAN:

And in that connection what do four detectives do to go notify one person? I mean, does it take four people to notify one person?

# 19 MS. CLARK:

Objection, argumentative.

# 20 THE COURT:

Overruled.

# 21 COMMANDER BUSHEY:

Well, I think I have answered that question, but I will answer it one more time.

# 22 MR. COCHRAN:

Answer it for me if it would be so kind.

# 23 COMMANDER BUSHEY:

First of all, we've got a very high-profile case, we've got a couple victims involved, we've got somebody that needs to be notified. We don't know how many other people may be there. There may be a need for somebody to stay with the victim until the clergy gets there. We may have additional witness statements. We have a couple children that need to be attended to. And those four had been at that scene conducting quite a comprehensive examination for a couple of hours before having made that notification, so--

# 24 MR. COCHRAN:

Sir--

# 25 COMMANDER BUSHEY:

--the scene was pretty well taken care of.

# 26 MR. COCHRAN:

Sir, when you say the scene was taken care of, are you aware the Coroner's office hadn't even been called?

# 27 MS. CLARK:

Overruled.

# 28 MS. CLARK:

Objection, speculation.

# 29 THE COURT:

Overruled.

# 30 MR. COCHRAN:

Are you aware the Coroner's office hadn't even been called?

# 31 MS. CLARK:

Objection, calls for speculation.

# 32 THE COURT:

Overruled.

# 33 COMMANDER BUSHEY:

I have no personal knowledge of that.

# 34 MR. COCHRAN:

If I were to tell you the Coroner's office hadn't been called until ten hours later, where you--

# 35 MS. CLARK:

Objection, irrelevant.

# 36 THE COURT:

Overruled.

# 37 MR. COCHRAN:

Are you aware the criminalist hadn't been called?

# 38 MS. CLARK:

Objection.

# 39 MR. COCHRAN:

You have had an experience coming up the ranks of the Los Angeles Police Department and you aware the first couple hours after a homicide are the most important hours in an investigation; is that correct?

# 40 COMMANDER BUSHEY:

They certainly can be.

# 41 MR. COCHRAN:

You have four detectives leaving the scene and going over to give this notification; is that right?

# 42 COMMANDER BUSHEY:

After having been at the scene for a couple hours, they left.

# 43 MR. COCHRAN:

Are you aware what they did at the scene for a couple hours?

# 44 COMMANDER BUSHEY:

Well, I'm sure they were very busy.

# 45 MR. COCHRAN:

Are you aware, sir?

# 46 COMMANDER BUSHEY:

No, I wasn't.

# 47 MR. COCHRAN:

So that we are clear, all of these conversations that we are talking about took place from the confines of your own house?

# 48 COMMANDER BUSHEY:

That's correct.

# 49 MR. COCHRAN:

You didn't come out to the scene, did you?

# 50 COMMANDER BUSHEY:

That's correct.

# 51 MR. COCHRAN:

You talked on the phone?

# 52 COMMANDER BUSHEY:

That's correct.

# 53 MR. COCHRAN:

So all of your awareness is from having returned from New Orleans and having these phone conversations with various officers; is that right?

# 54 COMMANDER BUSHEY:

No, that is not right.

# 55 MR. COCHRAN:

You had phone conversations?

# 56 COMMANDER BUSHEY:

No, but some of my awareness comes from my knowledge of the practices and the personnel involved.

# 57 MR. COCHRAN:

I'm talking about your awareness of what was going on at the scene came from phone conversation; is that right?

# 58 COMMANDER BUSHEY:

That's correct.

# 59 MR. COCHRAN:

All right. Now, the order that you gave, was your order to Phillips to personally go and make the notification himself?

# 60 COMMANDER BUSHEY:

I believe it probably was. I don't recall the exact wording. It was probably, "I want to ensure that Mr. Simpson is notified as soon as possible."

# 61 MR. COCHRAN:

Well now, as an experienced officer and no. 2 in command in the entire division, what you would want--the important thing was the notification; isn't that correct, so there wouldn't be this problem that you felt in the Belushi case; isn't that correct?

# 62 COMMANDER BUSHEY:

That's correct.

# 63 MR. COCHRAN:

And so it didn't matter whether it was Phillips or someone that--he could have designated someone; isn't that correct, sir?

# 64 COMMANDER BUSHEY:

Well, it is usually the detective on the case.

# 65 MR. COCHRAN:

I'm asking you specifically with regard to your order in this case, could it have been someone else, any other officers?

# 66 MS. CLARK:

Objection, speculation and irrelevant.

# 67 THE COURT:

Overruled.

# 68 MR. COCHRAN:

I'm asking.

# 69 COMMANDER BUSHEY:

It would have been out of character for our policies, but it could have been someone else, yes.

# 70 MR. COCHRAN:

You didn't make the order specific to Phillips then so he could have designated another officer?

# 71 MS. CLARK:

Objection, that misstates the testimony.

# 72 THE COURT:

Overruled.

# 73 MR. COCHRAN:

Isn't that correct?

# 74 COMMANDER BUSHEY:

I would have been disappointed, but he could have.

# 75 MR. COCHRAN:

All right. You are disappointed he didn't do it right away; isn't that correct, also?

# 76 COMMANDER BUSHEY:

Well, the--there is a lot of other things that needed to be done. That was not the only thing that needed to be done. And remember, I said as soon as possible and "Possible" means when it is practicable within the scope of the investigation.

# 77 MR. COCHRAN:

All right.

# 78 COMMANDER BUSHEY:

There were other things taking place.

# 79 MR. COCHRAN:

Since you weren't there, do you think that two and a half hours was as soon as possible?

# 80 COMMANDER BUSHEY:

Well, given the magnitude of that crime scene, it is not surprising that they had to spend some time there.

# 81 MR. COCHRAN:

Given the magnitude of the crime scene, do you think they should have called the Coroner's office right away?

# 82 MS. CLARK:

Objection. Objection, your Honor.

# 83 THE COURT:

Sustained.

# 84 MR. COCHRAN:

I want you to name for this jury one other case where four lead detectives at a crime scene left to go give notification to the person who was not the next of kin?

KEY QUOTE

# 85 COMMANDER BUSHEY:

Well, I can't.

# 86 MS. CLARK:

Objection. That is argumentative and it is--

# 87 THE COURT:

Overruled.

# 88 COMMANDER BUSHEY:

Well, you know, in most cases I'm not--

# 89 MR. COCHRAN:

Could you answer my question, please, sir, if possible?

# 90 COMMANDER BUSHEY:

I cannot give you a specific case.

# 91 MR. COCHRAN:

Okay.

# 92 COMMANDER BUSHEY:

However, there has not been another case like this one either.

KEY QUOTE

# 93 MR. COCHRAN:

I just asked you to give me an example. And your answer is you can't, right? Is that what you are saying?

# 94 COMMANDER BUSHEY:

If I were to give it some additional time--

# 95 MR. COCHRAN:

You keep thinking about it, but right now you can't; is that what you are saying?

# 96 COMMANDER BUSHEY:

That's correct.

# 97 MR. COCHRAN:

May I have just a second?

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

# 99 MR. COCHRAN:

May I have just one second?

# 100 THE COURT:

Sure.

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

# 102 MR. COCHRAN:

Thank you, your Honor. I apologize.

# 103 MR. COCHRAN:

Now, with regard to the sequence of events, and you have shared with us that at 2:30 or thereabouts you had this conversation with Phillips and it was your belief that--it was your belief that Fuhrman and Phillips were still on the case at that point?

# 104 MS. CLARK:

Objection, objection. Counsel is testifying.

# 105 MR. COCHRAN:

That was a prefatory to a question, your Honor.

# 106 THE COURT:

Proceed.

# 107 MR. COCHRAN:

Thank you.

# 108 MR. COCHRAN:

Are you aware that Detectives Lange and Vannatter did not arrive at the scene until perhaps 4:00, 4:30 in the morning? Are you aware of that?

# 109 COMMANDER BUSHEY:

I don't know the specific time they arrived.

# 110 MR. COCHRAN:

All right. Now, are you aware that during the time after your direct order to Phillips or his designee from 2:30--that no one went over to notify Mr. Simpson or anyone else between 2:30 and the arrival of Lange and Vannatter, let's say, between 4:00 and 4:30? Are you aware of that?

# 111 COMMANDER BUSHEY:

That is my understanding, yes.

# 112 MR. COCHRAN:

And are you aware of what time officially the LAPD logs reflect that robbery/homicide took over this case? Do you recall that?

# 113 COMMANDER BUSHEY:

No.

# 114 MR. COCHRAN:

You have not heard the testimony about that in this case either, have you?

# 115 COMMANDER BUSHEY:

I have not heard the testimony nor have I reviewed the document.

# 116 MR. COCHRAN:

Did you ever talk to Detective Fuhrman that night?

# 117 COMMANDER BUSHEY:

No.

# 118 MS. CLARK:

Objection, irrelevant.

# 119 THE COURT:

Overruled.

# 120 MR. COCHRAN:

Were you aware?

# 121 COMMANDER BUSHEY:

No, I did not.

# 122 MR. COCHRAN:

You did not?

# 123 COMMANDER BUSHEY:

I did not.

# 124 MR. COCHRAN:

Were you aware of whether or not he had any prior knowledge of the Simpson location?

# 125 THE COURT:

Sustained.

# 126 MS. CLARK:

Objection.

# 127 MR. COCHRAN:

When you had this conversation with Captain Connie Dial, who was the captain in patrol that particular night, about what time was that?

# 128 COMMANDER BUSHEY:

To the best of my recollection it was probably an hour and a half or so after my conversation with Detective Phillips.

# 129 MR. COCHRAN:

So--

# 130 COMMANDER BUSHEY:

That would have put it between 4:00, 4:30, probably somewhere in that vicinity.

# 131 MR. COCHRAN:

What time?

# 132 COMMANDER BUSHEY:

4:00, 4:30.

# 133 MR. COCHRAN:

Did you talk to Phillips at 2:30?

# 134 COMMANDER BUSHEY:

About 2:30, yeah.

# 135 MR. COCHRAN:

Isn't it true, according to your report, that you talked to Captain Connie Dial about one hour later?

# 136 COMMANDER BUSHEY:

Hour, hour and a half, hour and 45 minutes, somewhere. I couldn't be specific.

# 137 MR. COCHRAN:

Well, let me show you a report and see if that refreshes your recollection.

# 138 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 139 MR. COCHRAN:

May I approach, your Honor?

# 140 THE COURT:

You may.

# 141 MR. COCHRAN:

Placing before you, sir, an investigator's report, and I will ask you to--I will direct your attention to a time frame as to when you talked to Commander Connie Dial. Read that sentence there and see whether or not that refreshes your recollection, sir.

# 142 COMMANDER BUSHEY:

(Witness complies.) Yes, I read it.

# 143 MR. COCHRAN:

Have you read that?

# 144 COMMANDER BUSHEY:

Yes.

# 145 MR. COCHRAN:

And this is--purports to be a statement taken from you I guess on September 11, 1994, by Dana Thompson, senior investigator in the District Attorney's office?

# 146 COMMANDER BUSHEY:

`94 or `95.

# 147 MR. COCHRAN:

`95.

# 148 COMMANDER BUSHEY:

That is probably a pretty accurate reflection of what I said.

# 149 MR. COCHRAN:

Last week and at that time you told him, did you not, that approximately one hour later after your conversation with Phillips that you spoke with Captain Connie Dial?

# 150 COMMANDER BUSHEY:

That's correct.

# 151 MR. COCHRAN:

Right. So if you talked to Phillips at 2:30, you talked to Connie Dial at 3:30, right?

# 152 COMMANDER BUSHEY:

No.

# 153 MR. COCHRAN:

You talked to Phillips at 2:30?

# 154 COMMANDER BUSHEY:

No, because I am aware that at the time I spoke to Captain Dial Vannatter and Lange were at the scene, so it would have to have been a little bit more than an hour.

# 155 MR. COCHRAN:

Well, let me see. Now, you talked to Phillips at 2:30, right?

# 156 COMMANDER BUSHEY:

That's correct.

# 157 MR. COCHRAN:

And when you talked to Dana Thompson just last week, September 11th, you tried to be as accurate as could you; is that correct?

# 158 COMMANDER BUSHEY:

Sure.

# 159 MR. COCHRAN:

You told him at approximately one hour after talking to Phillips that you talked with Connie Dial; isn't that right?

# 160 COMMANDER BUSHEY:

That is what I told him, yes.

# 161 MR. COCHRAN:

All right. You were wrong in that, right?

# 162 COMMANDER BUSHEY:

I think I was wrong.

# 163 MR. COCHRAN:

Now you recall that it was later and that robbery/homicide and these detectives were already there?

# 164 COMMANDER BUSHEY:

Well, in preparation for this testimony I have organized my thoughts and tried to reconcile some of the different time sequences, so I think an hour was probably on the lean side. Probably more like and an hour and a half, maybe a little bit longer now.

# 165 MR. COCHRAN:

In preparing for your testimony what have you read in connection with this case?

# 166 COMMANDER BUSHEY:

I have read nothing.

KEY QUOTE

# 167 MR. COCHRAN:

Well, how did you prepare then?

# 168 COMMANDER BUSHEY:

Well, I have become aware that at the time I spoke to Captain Dial, Vannatter and Lange were at the scene, and I think I've learned from you just now that at the time their logs reflected they arrived at the scene, so if you were accurate, that means that I was probably inaccurate with an hour, probably a little bit longer than.

# 169 MR. COCHRAN:

So you think it was about 4:30 at that point?

# 170 COMMANDER BUSHEY:

Whatever time I talked to Captain Dial, Vannatter and Lange were at the scene, so it would have been more than a hour after my conversation with Detective Phillips.

# 171 MR. COCHRAN:

So you knew then two hours after you gave a direct order to Phillips that he had not complied with your order or sent anyone else over there; isn't that correct?

# 172 COMMANDER BUSHEY:

Yes.

# 173 MR. COCHRAN:

Did you--did you--as the commanding officer, did you get after him?

# 174 COMMANDER BUSHEY:

No.

# 175 MR. COCHRAN:

Say you violated my order?

# 176 COMMANDER BUSHEY:

No. That wasn't a disciplinary issue.

KEY QUOTE

# 177 MR. COCHRAN:

Okay. Now, you described for us something about preferential treatment. Are you saying that the LAPD department in this case gave preferential treatment by sending four detectives to O.J. Simpson's house on the early morning hours? Is that what you are saying?

# 178 COMMANDER BUSHEY:

First of all, I don't like the word "Preferential treatment."

# 179 MR. COCHRAN:

No. That was the word used by the Prosecutor?

# 180 COMMANDER BUSHEY:

Anyway, I don't particularly care for it, but that had nothing to do with the number of detectives. The number of detectives were driven by the circumstances of that case.

# 181 MR. COCHRAN:

All right. And you don't like that word because on the side of the police cars it says "Protect and serve" all citizens, not just one or people who have a lot of money or people of any standing; isn't that correct?

# 182 COMMANDER BUSHEY:

That's correct.

# 183 MR. COCHRAN:

Supposed to treat all people alike, aren't you?

# 184 COMMANDER BUSHEY:

We try to.

# 185 MR. COCHRAN:

And fair, too. You try to?

# 186 COMMANDER BUSHEY:

Sure.

# 187 MR. COCHRAN:

Are you aware of that Phillips and Fuhrman were doing at that scene between 2:30 and 4:30, the arrival of the robbery/homicide detectives?

# 188 MS. CLARK:

Objection, irrelevant, beyond the scope.

# 189 THE COURT:

Overruled.

# 190 COMMANDER BUSHEY:

I don't have personal knowledge.

# 191 MS. CLARK:

Objection, hearsay.

# 192 MR. COCHRAN:

You have no personal knowledge? The answer is no, you don't know?

# 193 COMMANDER BUSHEY:

No personal knowledge.

# 194 MR. COCHRAN:

Per your order, even if they were off the case, per your order, you told them to go over and make that notification, didn't you?

# 195 COMMANDER BUSHEY:

That's correct.

# 196 MR. COCHRAN:

They didn't do that, did they?

# 197 COMMANDER BUSHEY:

Not--

# 198 MR. COCHRAN:

During that time frame?

# 199 COMMANDER BUSHEY:

During that short time frame, no, they did not.

# 200 MR. COCHRAN:

Two-and-a-half-hour time frame we are talking about?

# 201 COMMANDER BUSHEY:

That's correct.

# 202 MR. COCHRAN:

Time was of the essence, according to you; isn't that correct, sir?

# 203 COMMANDER BUSHEY:

That's correct.

# 204 MR. COCHRAN:

Who made the decision for robbery/homicide to take over this case?

# 205 COMMANDER BUSHEY:

I believe the decision was made by Captain Gartland, the commanding officer of robbery/homicide. It is my belief that he agreed to take the case, although it could have had the concurrence of someone higher in his chain of command.

# 206 MR. COCHRAN:

Do you believe that you are not really sure about that, though?

# 207 COMMANDER BUSHEY:

I'm not really sure.

# 208 MR. COCHRAN:

May I have just a second more, your Honor?

# 209 THE COURT:

Certainly.

# 210 (Brief pause.)

# 211 MR. COCHRAN:

In the course of your responsibilities that morning were you more concerned about the department's image than you were about investigating these very brutal murders?

# 212 COMMANDER BUSHEY:

Certainly not.

# 213 MR. COCHRAN:

You would agree with me that the most important thing was investigating these killings at that scene as soon as possible because of the importance of that; isn't that correct?

# 214 COMMANDER BUSHEY:

One is not to the exclusion of the other but what you just described was certainly a top priority.

# 215 MR. COCHRAN:

Yes. Along with that would be complying with the state law in notifying the Coroner?

# 216 MS. CLARK:

Objection, irrelevant, beyond the scope.

# 217 THE COURT:

Sustained.

# 218 MR. COCHRAN:

May I have just a second, your Honor? Thank you.

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

# 220 MR. COCHRAN:

May I have just a second, your Honor?

# 221 (Discussion held off the record between Defense counsel and the Defendant.)

# 222 MR. COCHRAN:

Just one or two more questions, your Honor.

# 223 MR. COCHRAN:

Commander Bushey, from the time that you notified or told Detective Phillips to make this notification at about 2:30 in the morning--and we've already covered the fact of the time the notification wasn't made, would it be in direct contravention to your order to Phillips if Phillips and Fuhrman were standing in the street at Bundy and Dorothy waiting for the robbery/homicide detectives to come until 4:30 instead of complying with your order? Wouldn't that be in direct contravention of your order?

# 224 COMMANDER BUSHEY:

No.

# 225 MR. COCHRAN:

That would not be if they were just standing in the street waiting?

# 226 COMMANDER BUSHEY:

No.

# 227 MR. COCHRAN:

You have already said that would be disappointing to you, the fact that they didn't do it on an immediate basis; is that correct?

# 228 COMMANDER BUSHEY:

I think the disappointment was that it did not occur sooner. There is tremendous competing interests at a scene of that magnitude.

# 229 MR. COCHRAN:

You keep talking about the competing priorities. Competing priorities are to investigate this homicide scene thoroughly and in accordance with state law; isn't that correct, sir?

# 230 COMMANDER BUSHEY:

Well--

# 231 MR. COCHRAN:

Isn't that correct?

# 232 COMMANDER BUSHEY:

I am not aware of a state law that regulates the investigation.

# 233 MR. COCHRAN:

No. The state law regulates when you call the Coroner. Are you aware of that?

# 234 MS. CLARK:

Objection, your Honor.

# 235 THE COURT:

Sustained.

# 236 MR. COCHRAN:

Well--

# 237 THE COURT:

This is beyond the scope, counsel.

# 238 MR. COCHRAN:

Okay. In response to the question.

# 239 MR. COCHRAN:

You may not be aware of that, but are you aware that the important--the most important priority is investigating these murders? Isn't that correct?

# 240 COMMANDER BUSHEY:

That's correct.

# 241 MR. COCHRAN:

All right. That is more important than notifying somebody who is not the next of kin; isn't that correct.

# 242 MS. CLARK:

Objection, your Honor, argumentative.

# 243 COMMANDER BUSHEY:

Those are not in competition with each other.

# 244 MS. CLARK:

Argumentative, your Honor.

# 245 THE COURT:

It is.

# 246 MR. COCHRAN:

Are you aware of how many police officers came to that scene and how many from your division, West Los Angeles, that night?

# 247 COMMANDER BUSHEY:

No, I am not aware of all of them that came to the scene.

# 248 MR. COCHRAN:

If there were more than thirty officers, would that surprise you at all, that came to that scene?

# 249 COMMANDER BUSHEY:

No.

# 250 MR. COCHRAN:

Of those thirty, don't you think that one or two of those thirty, other than the lead detectives, could have gone over and made this notification--

# 251 MS. CLARK:

Objection, asked and answered.

# 252 MR. COCHRAN:

--where you ordered Phillips?

# 253 THE COURT:

Overruled.

# 254 MR. COCHRAN:

Couldn't they? You can answer that.

# 255 THE COURT:

You can answer the question.

# 256 COMMANDER BUSHEY:

Yes, they could have, but that would not have been our practice.

# 257 MR. COCHRAN:

But you have already told us it wasn't specific that Phillips had to do it; isn't that correct?

# 258 COMMANDER BUSHEY:

That's correct.

# 259 MR. COCHRAN:

So they could have done it, right?

# 260 COMMANDER BUSHEY:

They could have. It would not have been typical.

# 261 MR. COCHRAN:

And Phillips could have done it rather than standing around in the street for two hours waiting?

# 262 THE COURT:

I think we have gone over this already.

# 263 MR. COCHRAN:

I think you are right. Thank you very much. Thank you very kindly.

# 264 THE COURT:

Miss Clark.

Temperature

tense

Key Quotes (5)

Johnnie Cochran

I want you to name for this jury one other case where four lead detectives at a crime scene left to go give notification to the person who was not the next of kin?

Forces Bushey to admit there is no comparable precedent, undermining the prosecution's claim that the Rockingham visit was routine procedure.

Comm. Keith Bushey

Well, I can't. However, there has not been another case like this one either.

Bushey's only defense is the uniqueness of the case — an implicit concession that the detectives' conduct was without precedent.

Comm. Keith Bushey

No. That wasn't a disciplinary issue.

Bushey admits Phillips never faced consequences for not complying with his direct order, raising questions about accountability and whether the notification was truly the purpose of the Rockingham visit.

Comm. Keith Bushey

I have read nothing.

Bushey claims he prepared for testimony without reading any case materials, weakening his credibility as a knowledgeable command witness.

Johnnie Cochran

Were you more concerned about the department's image than you were about investigating these very brutal murders?

Direct accusation that LAPD's priority was protecting its public image rather than proper homicide investigation — a core defense theme.

Evidence (1)

Informal

Investigator's report — statement taken from Bushey by DA senior investigator Dana Thompson on September 11, 1995

Used to impeach Bushey's recollection of the timing of his conversation with Captain Connie Dial

Notable Exchanges (3)

Johnnie Cochran•Comm. Keith Bushey

Cochran uses Bushey's own prior statement to Dana Thompson to catch him in a timeline inconsistency — Bushey told Thompson the Dial call was one hour after Phillips, but then revised it to over an hour when confronted with the Lange/Vannatter arrival times.

strategic

Johnnie Cochran•Comm. Keith Bushey

Cochran extracts admission that Bushey never disciplined Phillips for ignoring his direct order to make the notification, and that Phillips could have sent any available officer from among thirty at the scene.

revealing

Johnnie Cochran•Comm. Keith Bushey

Cochran presses Bushey on the Belushi case comparison, establishing that the time gap in that case was shorter than two and a half hours, making the Simpson notification delay comparatively worse.

strategic

Credibility Attacks (3)

⚔ Comm. Keith Bushey

prior inconsistent statement

Cochran used Bushey's September 11, 1995 statement to DA investigator Dana Thompson — in which Bushey said the Dial call was 'approximately one hour' after Phillips — to contradict his courtroom testimony that it was 'an hour and a half, maybe a little bit longer.' Bushey admitted he was wrong.

⚔ Comm. Keith Bushey

lack of personal knowledge

Cochran established that Bushey directed the investigation entirely from home via phone calls, had no firsthand knowledge of what detectives actually did at the scene, and read no case materials in preparation for testimony.

⚔ Comm. Keith Bushey

failure to enforce order

Cochran elicited that Bushey never disciplined Phillips for failing to comply with his direct order to notify Simpson promptly, undermining the narrative that the notification was a genuine command priority.

Objections

22 objections (4 sustained, 14 overruled)

Proceeding 7787 • 264 utterances • Prosecution witness

Criminal Trial

Department 103