Cross-examination of Rolf Rokahr

📄 Cross-examination of Rolf Rokahr — Tuesday, September 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\5\CROSS-EXAMINATION-OF-ROLF-ROKA.DOC

TRIAL

▲ Day 147 of 167

◀ Direct examination of Rolf Rokahr (part 2) Redirect examination of Rolf Rokahr (part 1) ▶

Witness: Rolf Rokahr
Examiner: Christopher Darden
Called by: Defense • Date: Tuesday, September 5, 1995 • Utterances: 104

Darden cross-examined crime scene photographer Rolf Rokahr to undermine the defense's use of photo timing to establish a timeline. Darden established that Rokahr has no reliable way to know when specific photographs were taken, that he had previously given a wildly wrong arrival time to a detective, and that serious health problems—including congestive heart failure and heavy medication use including Vicodin—further compromise his recall.

# 1 MR. DARDEN:

Thank you, your Honor. Good afternoon.

THE JURY: Good afternoon.

CROSS-EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

Mr. Rokahr, under LAPD policy, you are not required to record the exact time of each and every photograph you take, are you?

# 3 MR. ROKAHR:

No.

# 4 MR. DARDEN:

You did not keep a detailed photo log in this case, that is a log indicating the exact time in which you took each photograph?

# 5 MR. ROKAHR:

No, sir.

# 6 MR. DARDEN:

Any time that you might give us today as to when you took a particular photograph is an estimate on your part; is that correct?

# 7 MR. ROKAHR:

That is correct.

# 8 MR. DARDEN:

It's your best estimate?

# 9 MR. ROKAHR:

As good as I can do after a year.

# 10 MR. DARDEN:

Okay. After 15 months actually.

# 11 MR. ROKAHR:

15 months.

# 12 MR. DARDEN:

Now, you have always had some problem in trying to remember the exact time at which you took each of these photographs; is that correct?

# 13 MR. NEUFELD:

I'm sorry. Objection. Assumes facts not in evidence.

# 14 THE COURT:

Sustained. Rephrase the question.

# 15 MR. DARDEN:

Isn't it true that you've always had some problem remembering the exact time that you took each of the photographs in this case?

# 16 MR. NEUFELD:

Objection.

# 17 THE COURT:

Overruled.

# 18 MR. ROKAHR:

Considering I photograph an average of two to three homicides every night, I cannot remember the times.

KEY QUOTE

# 19 MR. DARDEN:

Okay. In fact, you were interviewed by an LAPD Detective leFall on November 22, 1994, weren't you?

# 20 MR. ROKAHR:

Yes, I was.

# 21 MR. DARDEN:

And when you were interviewed by Detective leFall, you told him you arrived at Bundy shortly after midnight; is that correct?

# 22 MR. ROKAHR:

Yes, I did.

# 23 MR. DARDEN:

But later on, you a looked at your own log and realized you didn't get the call to go out to Bundy until 2:48 in the morning; is that right?

# 24 MR. ROKAHR:

He interviewed me by phone at my home and I had of course very little recollection what time and I was obviously wrong in the statement I made.

KEY QUOTE

# 25 MR. DARDEN:

Now, as you begin to take photographs at a crime scene, you take a photograph of a--

# 26 MR. ROKAHR:

On a slate.

# 27 MR. DARDEN:

I'm sorry?

# 28 MR. ROKAHR:

We call it a slate.

# 29 MR. DARDEN:

Okay. And is there a slate depicted here in--

# 30 THE COURT:

1366.

# 31 MR. DARDEN:

--1366?

# 32 MR. ROKAHR:

Yes. Number on the very first photograph. It's got my name up here, my serial numbers and the--what we call a "C form" for this particular job and the location of the job.

# 33 MR. DARDEN:

Okay. And so this "C form" or slate exposure is number 0?

# 34 MR. ROKAHR:

Number O, yeah.

# 35 MR. DARDEN:

Okay. And that slate indicates that you got the call at 2:48, correct?

# 36 MR. ROKAHR:

Yes, sir.

# 37 MR. DARDEN:

And not only did you not arrive at the scene at shortly after midnight, but in fact, you arrived at the scene at about 3:25 in the morning; is that correct?

# 38 MR. ROKAHR:

Somewhere after 3:00 o'clock.

# 39 MR. DARDEN:

You did sign in on the log; is that right?

# 40 MR. ROKAHR:

I did sign in on the log.

# 41 MR. DARDEN:

But you've also had problems recalling the exact time in which you took these photographs because of your health; is that right?

# 42 MR. NEUFELD:

Objection. There's no testimony at all about that.

# 43 THE COURT:

Facts not in evidence.

# 44 MR. NEUFELD:

Facts not in evidence.

# 45 THE COURT:

Sustained.

# 46 MR. DARDEN:

It's cross.

# 47 THE COURT:

Sustained.

# 48 MR. DARDEN:

Do you have any health problems?

# 49 MR. ROKAHR:

Yes, I do.

# 50 MR. DARDEN:

Were you having health problems last year?

# 51 MR. ROKAHR:

Yes, I did.

# 52 MR. DARDEN:

Congestive heart failure?

# 53 MR. ROKAHR:

That is correct.

# 54 MR. DARDEN:

You also have a painful nerve disease?

# 55 MR. ROKAHR:

That is correct.

# 56 MR. DARDEN:

You take--strike that. You have been prescribed approximately 13 medications that you take on a daily basis; is that right?

# 57 MR. ROKAHR:

That is correct.

# 58 MR. DARDEN:

Do they include Vicodin?

# 59 MR. ROKAHR:

Yes.

# 60 MR. DARDEN:

What is that?

# 61 MR. ROKAHR:

Vicodin is a pain killer.

# 62 MR. DARDEN:

You take one tablet or capsule every four hours?

# 63 MR. ROKAHR:

That is correct.

# 64 MR. DARDEN:

Did you take Vicodin yesterday when you spoke to Mr. Neufeld?

# 65 MR. ROKAHR:

I carry about eight pills on me when I go to work.

# 66 MR. DARDEN:

Okay. And were you feeling well yesterday when you spoke to Mr. Neufeld?

# 67 MR. ROKAHR:

I haven't really felt well for a long time.

KEY QUOTE

# 68 MR. DARDEN:

When you spoke to Detective leFall in November--well, strike that. After you took the overall photographs, did you wait in your car for detectives?

# 69 MR. ROKAHR:

I waited--I'm not sure whether I was sitting in my car or just leaning up against it.

# 70 MR. DARDEN:

Okay. Do you recall telling Detective leFall November 22, 1994--

# 71 MR. DARDEN:

Page 2 of that statement, Mr. Neufeld.

# 72 MR. DARDEN:

--that you had completed all of the overall photographs--

# 73 MR. NEUFELD:

Go ahead.

# 74 MR. DARDEN:

--and was waiting in the vehicle, in your vehicle for the detectives' arrival?

# 75 MR. ROKAHR:

I remember getting a phone call from Detective leFall, but I at this point really don't remember what all was said.

# 76 MR. DARDEN:

The bottom line is that you can't tell this jury at what time you took photos 34 and 35; is that correct?

# 77 MR. ROKAHR:

It's extremely--

# 78 MR. NEUFELD:

Objection. Assumes facts not in evidence.

# 79 THE COURT:

Overruled. You can answer the question.

# 80 MR. DARDEN:

You didn't look at your watch each and every time--

# 81 THE COURT:

Excuse me, counsel. I don't think he finished answering the question.

# 82 MR. DARDEN:

I'm sorry.

# 83 MR. DARDEN:

The bottom line, sir, is that you can't tell this jury at what time you took photos 34 and 35; is that correct?

# 84 MR. ROKAHR:

That is correct.

# 85 MR. DARDEN:

You don't know?

# 86 MR. ROKAHR:

The only time recorded on my paperwork is when we leave the scene.

KEY QUOTE

# 87 MR. DARDEN:

Now, the contact sheet in front of you, by looking at that contact sheet, you can tell the sequence in which the photographs were taken; is that correct?

# 88 MR. ROKAHR:

That is assuming the negatives were placed in the correct order. The negatives are cut into strips, five negatives each, and I'm not sure who made this contact sheet. If we go by the Kodak numbers, I would say they were in proper order.

# 89 MR. DARDEN:

Okay. And you can also tell by looking at that contact sheet that you received a call at 2:48, correct?

# 90 MR. ROKAHR:

That is correct.

# 91 MR. DARDEN:

Okay. But you can't tell by looking at the contact sheet how much time elapsed between each photograph; is that right?

# 92 MR. ROKAHR:

That is correct. I could not tell.

# 93 MR. DARDEN:

And you can't tell by looking at that contact sheet the exact time it was when you took the last photograph on that particular roll, correct?

# 94 MR. ROKAHR:

No, I could not.

# 95 MR. DARDEN:

And even though you have a counter, a photo counter built into your camera, right?

# 96 MR. ROKAHR:

Right.

# 97 MR. DARDEN:

That counter doesn't indicate the time in which you take a particular photograph either?

# 98 MR. ROKAHR:

No. That's correct. It does not.

# 99 MR. DARDEN:

What you've done here today is, you've testified to the best of your ability; is that correct?

# 100 MR. ROKAHR:

Yes. I'm trying to.

# 101 MR. DARDEN:

Okay. You weren't trying to avoid answering questions by Mr. Neufeld?

# 102 MR. ROKAHR:

No, sir.

# 103 MR. DARDEN:

Okay. Thank you, sir.

# 104 MR. ROKAHR:

Thank you.

Temperature

procedural

Key Quotes (4)

Rolf Rokahr

Considering I photograph an average of two to three homicides every night, I cannot remember the times.

Establishes that precise timing recall is structurally impossible for this witness, regardless of this case specifically.

Rolf Rokahr

He interviewed me by phone at my home and I had of course very little recollection what time and I was obviously wrong in the statement I made.

Witness admits he told a detective he arrived 'shortly after midnight' when records show he didn't get the call until 2:48 AM — a multi-hour error.

Rolf Rokahr

I haven't really felt well for a long time.

Humanizing but also damaging — underscores that his health and medication regimen (13 drugs including Vicodin every 4 hours) affected his reliability as an observer.

Rolf Rokahr

The only time recorded on my paperwork is when we leave the scene.

Concedes the core point: there is no contemporaneous record of when any individual photograph was taken.

Evidence (4)

People's 1366

First photograph on the roll, showing the slate/C-form with photographer name, serial number, job number, location, and call time of 2:48 AM

discussed to establish actual arrival timeline

Informal

Photos 34 and 35 — specific crime scene photographs whose timing the defense apparently relied upon

challenged; witness concedes he cannot give a time for either

Informal

Contact sheet showing the sequence of negatives on the roll

discussed; witness notes he cannot determine time elapsed between photographs from the sheet

Informal

Detective leFall interview statement, November 22, 1994 (page 2 referenced)

used to impeach Rokahr's earlier claim he arrived 'shortly after midnight'

Notable Exchanges (2)

Christopher Darden•Rolf Rokahr

Darden walked Rokahr through his mistaken statement to Detective leFall — that he arrived 'shortly after midnight' — and then showed via the slate photograph that he didn't receive the call until 2:48 AM and arrived after 3:00 AM. Rokahr acknowledged the error.

methodical, deflating

Christopher Darden•Rolf Rokahr

Darden elicited that Rokahr has congestive heart failure, a painful nerve disease, and takes 13 prescribed medications daily including Vicodin every four hours — and was taking them the day before when he spoke with defense attorney Neufeld.

strategic

Credibility Attacks (2)

⚔ Rolf Rokahr

prior inconsistent statement

Darden used Rokahr's November 1994 statement to Detective leFall — in which he claimed to have arrived 'shortly after midnight' — to show he had already demonstrated unreliable time recall for this crime scene. The slate photo confirmed the call didn't come until 2:48 AM.

⚔ Rolf Rokahr

bias / impaired reliability

Darden established Rokahr suffers from congestive heart failure and a nerve disease, takes 13 daily medications including Vicodin every four hours, and was medicated during his preparation session with defense counsel Neufeld the prior day.

Objections

4 objections (2 sustained, 2 overruled)

Proceeding 7495 • 104 utterances • Defense witness

Criminal Trial

Department 103