Direct examination of Rolf Rokahr (part 2)

📄 Direct examination of Rolf Rokahr (part 2) — Tuesday, September 5, 1995

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C:\DEPT103\CRIMINAL\1995\SEP\5\DIRECT-EXAMINATION-OF-ROLF-ROK.DOC

TRIAL

▲ Day 147 of 167

◀ Tape recording procedures Cross-examination of Rolf Rokahr ▶

Witness: Rolf Rokahr
Examiner: Peter Neufeld
Called by: Defense • Date: Tuesday, September 5, 1995 • Utterances: 168

Defense attorney Peter Neufeld continues his direct examination of LAPD crime scene photographer Rolf Rokahr, methodically establishing the sequence of photographs taken at Bundy Drive on June 13, 1994. Using the camera's built-in frame counter and a contact sheet (Defense 1366), Neufeld establishes that the two photographs of Detective Fuhrman pointing at the glove were frames 34 and 35 — the very last shots on the first roll of film — with all 33 preceding frames being standard scene overview shots taken earlier in the night.

# 1 (The following proceedings were held in open court, in the presence of the jury:)

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Mr. Rokahr, would you resume the witness stand, please. All right. The record should reflect we have been rejoined by all the members of our jury panel. And, Mr. Neufeld, you may continue.

# 3 MR. NEUFELD:

Thank you.

# 4 MR. NEUFELD:

Mr. Rokahr, when Detective Fuhrman initially approached you, was he alone at that point?

# 5 MR. ROKAHR:

Yes, he was.

# 6 MR. NEUFELD:

And were you alone at that point?

# 7 MR. ROKAHR:

I was too.

# 8 MR. NEUFELD:

And by the way, did you know Detective Mark Fuhrman prior to June 13th, 1994?

# 9 MR. ROKAHR:

Yes, I did.

# 10 MR. NEUFELD:

For approximately how many years did you know Detective Mark Fuhrman?

# 11 MR. ROKAHR:

I would have to guess. I would say maybe five years.

# 12 MR. NEUFELD:

And in what capacity did you know Detective Mark Fuhrman?

# 13 MR. ROKAHR:

From working homicide scenes with him.

# 14 MR. NEUFELD:

In other words, it was scenes where he was the detective and you were simply the--let me simply start.

# 15 MR. ROKAHR:

Okay.

# 16 MR. NEUFELD:

And you were the Los Angeles Police Department official photographer for crime scenes?

# 17 MR. ROKAHR:

That is correct.

# 18 MR. NEUFELD:

Ad approximately how many crime scenes did you work with Detective Fuhrman over those five years?

# 19 MR. ROKAHR:

I would have to estimate, but I would say 12, 15.

# 20 MR. NEUFELD:

Now, going back to the--the questions I was asking you just before the break, sir, when you take these pictures, is there a way that you can determine what the sequence of each picture is?

# 21 MR. ROKAHR:

Well, each of the photographers have a set way of taking photographs. When you mention to me whether he instructed me on taking certain photographs, on the evidence, yes, he did.

# 22 MR. NEUFELD:

Sir, I'm asking you--

# 23 MR. NEUFELD:

Your Honor, I would ask that you ask the witness to be responsive.

# 24 MR. NEUFELD:

I'm simply asking, is there a method, a technical method that you can determine a sequence in which photographs are taken?

# 25 MR. ROKAHR:

Yes, there is.

# 26 MR. NEUFELD:

Okay. And does each camera come with a counter on it?

# 27 MR. ROKAHR:

There'sMr.counter on each--on most of the cameras we use.

# 28 MR. NEUFELD:

Well, does your camera have a counter, sir?

# 29 MR. ROKAHR:

Yes, it does.

# 30 MR. NEUFELD:

And the camera you used that night at Bundy, did it have a counter?

# 31 MR. ROKAHR:

Yes, sir.

# 32 MR. NEUFELD:

And could you please tell the ladies and gentleman of the jury how that works.

# 33 MR. ROKAHR:

When we arrive at a crime scene, there is a data back on the back of my camera and I can set, as far as the counter is concerned, six numbers, 000000. From then on, it will count up every shot that is taken. It adds a number, a digit to it.

# 34 MR. NEUFELD:

So, in other words, the first one will be 000001?

# 35 MR. ROKAHR:

That would be my slate in the photograph.

# 36 MR. NEUFELD:

Okay. Now, in this particular instance, can you by looking in your book tell us what the numbers were in sequence of the two photographs you took of Detective Mark Fuhrman pointing at the glove?

# 37 MR. ROKAHR:

Yes, I could.

# 38 MR. NEUFELD:

Would you please do so.

# 39 MR. ROKAHR:

That would be 34 and 35.

KEY QUOTE

# 40 MR. NEUFELD:

That means that those are the 34th and 35th pictures that you took at Bundy that night?

# 41 MR. ROKAHR:

That is correct.

# 42 MR. NEUFELD:

Now, before the break, sir, I asked you about the very next several pictures. Do you recall that?

# 43 MR. ROKAHR:

Yes.

# 44 MR. NEUFELD:

Okay. Now, what I want you to do is look at photographs 36, in other words, the one immediately after 35, where Fuhrman is pointing at the glove, all the way through 43. Do you see those?

# 45 MR. ROKAHR:

Yes, sir.

# 46 MR. NEUFELD:

Okay. Now, isn't it a fact, sir, that when you took those photographs, the first eight photographs after Fuhrman is pointing at the glove, that as to those eight photographs, you were not having any detective instruct you as to what to shoot, but you were simply relying on your own professional judgment? Isn't that a fact?

# 47 MR. ROKAHR:

Yes, I would say it's a fact because of the--the sequence in these photographs, which is the way I shoot.

# 48 MR. NEUFELD:

Okay. Thank you. Now, you said earlier to the jury that you were using Kodak color print film asa 200; is that correct?

# 49 MR. ROKAHR:

That is correct.

# 50 MR. NEUFELD:

And how many exposures are there in each roll that you use, sir?

# 51 MR. ROKAHR:

36 exposures.

# 52 MR. NEUFELD:

Is that your standard practice?

# 53 MR. ROKAHR:

That is what I prefer.

# 54 MR. NEUFELD:

Okay. And on this night, when you were at Bundy shooting, you were using rolls of 36?

# 55 MR. ROKAHR:

That is correct.

# 56 MR. NEUFELD:

Okay. Could you please tell the jury what is a contact print?

# 57 MR. ROKAHR:

Contact print would be a print of a negative, same size as the negative is.

# 58 MR. NEUFELD:

Okay. Now, if one wanted to, one could take the first 36 negatives or the first 35 negatives, however many negatives are on the first roll of film, and print them; could they not?

# 59 MR. ROKAHR:

Yes, you could.

# 60 MR. NEUFELD:

And if you printed the first roll of film, then anyone who wanted to know what the sequence of photographs were would be able to ascertain that; would they not?

# 61 MR. ROKAHR:

That is correct.

# 62 MR. NEUFELD:

Okay.

# 63 MR. NEUFELD:

What is next in order, your Honor?

# 64 THE COURT:

1366.

# 65 (Deft's 1366 for id = photographs)

# 66 THE COURT:

Mr. Neufeld.

# 67 MR. NEUFELD:

I have to wait until these--

# 68 THE COURT:

Proceed.

# 69 MR. NEUFELD:

I'm going to show it to the witness when--

# 70 THE COURT:

Proceed.

# 71 MR. NEUFELD:

Sir, I'd ask you to take a look at Defendant's 1366 in evidence, and if you'd like, you can compare it to the photographs you have in your blue book. And the question I have for you, sir, first of all is, can you see the number--by the way, you mentioned that the--that there's a counter which numbers each photograph.

# 72 MR. ROKAHR:

That's correct.

# 73 MR. NEUFELD:

When the roll of film is printed, do those numbers appear on each and every print?

# 74 MR. ROKAHR:

It depends what the background is on the negative. If the background is very light, they're quite often difficult to see.

# 75 MR. NEUFELD:

But other than the fact that it may be difficult to see, is it the procedure that that number that you use on the counter will appear in the print?

# 76 MR. ROKAHR:

It should be, yeah.

# 77 MR. NEUFELD:

Okay. And in fact, in that exhibit which I have shown you, do the numbers appear in the lower right-hand corner?

# 78 MR. ROKAHR:

Yes, they do, and there are some that do not show.

# 79 MR. NEUFELD:

The ones that do not show, is that because the background is extremely light?

# 80 MR. ROKAHR:

That's because the background is so light.

# 81 MR. NEUFELD:

Okay. But can you tell the number because of the print that is directly in front of it or directly before it?

# 82 MR. ROKAHR:

That's correct.

# 83 MR. NEUFELD:

I'm sorry. Directly before it and directly after it?

# 84 MR. ROKAHR:

That's correct.

# 85 MR. NEUFELD:

Okay. And, sir, if you'd like to compare it to your album, please go right ahead. But the question I have for you is, does this sheet--except for the fact that the images are slightly larger than they would be if it was a direct contact, does this page reflect the sequence of photographs on the very first roll of film that you shot that night at Bundy?

# 86 MR. ROKAHR:

Yes, it does.

# 87 MR. NEUFELD:

And, sir, do the first--by the way, how many exposures did you get out of that first roll?

# 88 MR. ROKAHR:

There would be 36, 35, 36.

# 89 MR. NEUFELD:

Okay. And so sometimes when you're shooting a roll of 36, you only get 35?

# 90 MR. ROKAHR:

It depends on how the camera on its first--on its first advance advances or depending on how far I have pushed the film into its position.

# 91 MR. NEUFELD:

Okay.

# 92 MR. ROKAHR:

So I may run out at 36 and sometimes you might even get 37.

# 93 MR. NEUFELD:

In this particular roll, do you notice that the last shot on the roll is item no. 35--not item number, but photograph no. 35?

# 94 MR. ROKAHR:

Yeah. I think it's--let me just check with this one.

# 95 MR. NEUFELD:

Certainly.

# 96 MR. DARDEN:

Can I approach for one moment?

# 97 THE COURT:

You may.

# 98 (Brief pause.)

# 99 MR. ROKAHR:

This is 35, this is no. 36.

# 100 MR. NEUFELD:

That's the next roll?

# 101 MR. ROKAHR:

Yeah. Either the next roll or the last negative. I may have reloaded walking around to the front of the building.

# 102 MR. NEUFELD:

Okay. So, sir, to the best of your recollection--I'm sorry. To the best of your recollection, would this contact sheet, except for the fact that the actual negatives are slightly larger when they're printed there than they would be on a routine contact sheet, do they represent the first roll of film you shot that night at Bundy?

# 103 MR. ROKAHR:

Yes, sir.

# 104 MR. NEUFELD:

And the first 33 frames on that roll, those would be those overall shots you talked about that you took between approximately, oh, 3:25 and say 3:55 in the morning?

# 105 MR. ROKAHR:

Whatever the time was, yes.

# 106 MR. NEUFELD:

Okay. And the last two shots that appear on there, those would be the two shots that you took sometime between 4:20 and 4:35 in the morning; is that correct?

# 107 MR. DARDEN:

Objection. Misstates the testimony.

# 108 THE COURT:

Sustained. Rephrase the question.

# 109 MR. NEUFELD:

Sir, didn't you--didn't you say just before the break that the time that the photographs were taken of Detective Fuhrman pointing at the glove, given the times that you gave for the other events that evening, would be somewhere between 4:20 and 4:35 in the morning?

# 110 MR. DARDEN:

Misstates the testimony.

# 111 MR. NEUFELD:

Didn't you say that, sir?

# 112 MR. DARDEN:

Objection. Misstates the testimony.

# 113 THE COURT:

Overruled.

# 114 MR. ROKAHR:

I probably did. I have frankly no recollection as to the actual times involved.

KEY QUOTE

# 115 MR. NEUFELD:

Sir, yesterday, when you were interviewed by me, were you interviewed by me for approximately an hour and a half?

# 116 MR. ROKAHR:

That is correct.

# 117 MR. NEUFELD:

And would it be fair to say that the majority of that time, you were giving a narrative of what happened, the order it happened and the times it happened on June 13th of 1994? Isn't that correct?

# 118 MR. ROKAHR:

That is correct.

# 119 MR. NEUFELD:

May I publish it to the jury, your Honor?

# 120 THE COURT:

Yes. Why don't you ask him--you want to ask him a question about the frame numbers?

# 121 MR. NEUFELD:

That appears in each picture? Okay.

# 122 MR. NEUFELD:

Aside from the number in the lower right-hand corner of the actual print, is there also a number beneath the print which indicates which frame it was or which shot it was in the roll?

# 123 MR. ROKAHR:

There's only one imprint on the negative. There are no other numbers.

# 124 MR. NEUFELD:

Well, no. Are there numbers below each print there that would show you it is the third frame or the fourth frame or the sixth frame?

# 125 MR. ROKAHR:

You mean the ones that are put on by Kodak?

# 126 MR. NEUFELD:

Yes. The one put on by Kodak.

# 127 MR. ROKAHR:

Okay.

# 128 MR. NEUFELD:

Okay. And do those also appear on those sheets?

# 129 MR. ROKAHR:

That is correct.

# 130 THE COURT:

All right. Mr. Neufeld.

# 131 MR. NEUFELD:

Your Honor, before I publish it, I would like to use the elmo, and I think we have to cut the feed.

# 132 THE COURT:

All right.

# 133 MR. NEUFELD:

Just a couple questions first. Sir, in the--those establishment, location, overall shots, whatever you want to call it, those first 33 shots, in those 33 shots, you used the flash?

# 134 MR. ROKAHR:

I use a flash on every photograph I take.

# 135 MR. NEUFELD:

And the--and in addition to the flash, there were streetlights that to some extent or other artificial lights that were there that illuminated the scene as well; is that correct?

# 136 MR. ROKAHR:

That is correct.

# 137 MR. NEUFELD:

And you can see the illumination given off by those other lights in these various prints; can you not?

# 138 MR. ROKAHR:

That is correct.

# 139 MR. NEUFELD:

All right. And when you shot the two photographs of Detective Fuhrman pointing at the glove, as to those two shots, you shot those with a flash; did you not?

# 140 MR. ROKAHR:

That is correct.

# 141 MR. NEUFELD:

I'm now going to show you what is frame 34 and 35 on your first roll of film.

# 142 MR. NEUFELD:

Is the feed cut?

# 143 MR. NEUFELD:

Sir, first of all, let me show you one at a time. Do you see those two?

# 144 MR. ROKAHR:

Yes, sir.

# 145 MR. NEUFELD:

Okay. And by the way, all the other photographs on that first roll, 1 through 33, those were all shot at nighttime; isn't that correct?

# 146 MR. ROKAHR:

They were shot what?

# 147 MR. NEUFELD:

At nighttime.

# 148 MR. ROKAHR:

Yes, sir.

# 149 MR. NEUFELD:

And as to 34, the 34th picture, do you see that on the screen?

# 150 MR. ROKAHR:

Yes, sir.

# 151 MR. NEUFELD:

Is that Detective Fuhrman pointing at the glove?

# 152 MR. ROKAHR:

That is Detective Fuhrman.

# 153 MR. NEUFELD:

And in 35, is that also Detective Fuhrman pointing at the glove?

# 154 MR. ROKAHR:

That is also Detective Fuhrman.

# 155 MR. NEUFELD:

And those were the last two pictures you took on that first roll of film during the night at Bundy on June 13th--in the early morning hours of June 13th, 1994?

KEY QUOTE

# 156 MR. ROKAHR:

That is correct.

# 157 MR. DARDEN:

Objection. Misstates the testimony.

# 158 THE COURT:

Overruled.

# 159 MR. DARDEN:

At night?

# 160 THE COURT:

Overruled.

# 161 MR. NEUFELD:

That's what he--your Honor, at this time, I have no further questions. I would like to pose--I would like to pass this to the jury so they can at least look at it.

# 162 THE COURT:

Hand it to juror no. 1, please.

# 163 MR. NEUFELD:

I'm sorry?

# 164 THE COURT:

Hand it to juror no. 1.

# 165 (Defendant's exhibit 1366 was examined by the jurors.)

# 166 THE COURT:

All right. Mr. Neufeld, would you retrieve 1366 from Deputy Long, please.

# 167 MR. NEUFELD:

Certainly.

# 168 THE COURT:

All right. The record should reflect each of the jurors has taken the opportunity to view Defense exhibit 1366. Mr. Darden, you may cross-examine.

Temperature

procedural

Key Quotes (3)

Rolf Rokahr

That would be 34 and 35.

Confirms the precise sequence of the Fuhrman-glove photographs within the roll, which the defense uses to argue the glove was pointed to only late in the evening's documentation.

Rolf Rokahr

I probably did. I have frankly no recollection as to the actual times involved.

Rokahr walks back specific timeline testimony from before the break, weakening the precision of the defense's own timing argument.

Peter Neufeld

And those were the last two pictures you took on that first roll of film during the night at Bundy on June 13th--in the early morning hours of June 13th, 1994?

The culminating question of the examination — cementing that photos 34 and 35 (Fuhrman pointing at the glove) were the final frames on the roll, implying the glove was not present or photographed during the first 33 shots of the scene.

Evidence (1)

Defense 1366

Contact sheet (slightly enlarged prints) representing the first roll of film shot at Bundy on June 13, 1994 — 35 or 36 frames including the two Fuhrman-glove photographs as frames 34 and 35

introduced, examined by witness, published to jury

Notable Exchanges (2)

Peter Neufeld•Rolf Rokahr

Neufeld walks Rokahr through the camera counter mechanism step by step, then uses it to lock in that frames 34 and 35 — Fuhrman pointing at the glove — were the last photos on the first roll, with all 33 prior frames being routine scene shots taken earlier.

strategic

Christopher Darden•Lance A. Ito

Darden objected twice that Neufeld was misstating testimony about the time window (4:20–4:35 AM) for the Fuhrman photos; the first objection was sustained, the second overruled. Darden then objected to describing the final frames as taken 'at night,' which was also overruled.

procedural friction

Witness Demeanor

Witness occasionally answered with narrative beyond the question's scope, prompting Neufeld to request responsiveness from the court.

Witness paused to compare the exhibit to his blue album book before confirming frame numbers.

Objections

4 objections (1 sustained, 2 overruled)

Proceeding 7494 • 168 utterances • Defense witness

Criminal Trial

Department 103