Darden cross-examines Hodge about the Internal Affairs complaint he filed after his 1987 arrest, pointing out that the 17-page document (People's 604) contains no mention of Fuhrman using racial epithets. After a lunch recess to allow Hodge time to review the document, Hodge confirms on resumption that he did not see the epithet mentioned anywhere in it, effectively undercutting the core of his direct testimony.
# 1 THE COURT: Thank you, counsel. Proceed.
# 2 MR. DARDEN: Mr. Hodge, did you complain to the LAPD about the manner in which you were arrested by these two officers?
# 3 MR. HODGE: On which occasion, sir?
# 4 MR. DARDEN: On the occasion you just described for Mr. Cochran?
# 6 MR. DARDEN: You filed a formal complaint?
# 8 MR. DARDEN: When you were arrested, were you holding a drill or something in your hand?
# 9 MR. COCHRAN: Object to the form of this question, your Honor. Beyond the scope.
# 10 THE COURT: Sustained.
# 11 MR. DARDEN: Let me show you a copy of an IAD complaint. By the way, did you have any portion at all of the IAD minute that you filed?
# 12 MR. HODGE: At this time--
# 13 THE COURT: Excuse me, counsel. I think your question assumes IAD and that the jury knows what we are talking about here.
# 14 MR. DARDEN: Certainly.
# 15 MR. DARDEN: You complained to Internal Affairs Division at LAPD; is that right?
# 16 MR. HODGE: I believe it was Internal Affairs, yes, sir.
# 17 MR. DARDEN: Okay. You were interviewed by them?
# 18 MR. HODGE: Yes, sir.
# 19 MR. DARDEN: Okay. And were you interviewed by a supervising officer at West L.A. Station as well?
# 20 MR. HODGE: I believe it was a supervising officer.
# 21 MR. DARDEN: Okay. And your name is Roderic T. Hodge; is that correct?
# 23 MR. DARDEN: Okay. What is your name?
# 24 MR. HODGE: Roderic T. Hodge.
# 25 MR. DARDEN: What is your birthdate?
# 26 MR. HODGE: August 22, 1964.
# 27 MR. COCHRAN: May I see that, counsel?
# 28 THE COURT: I will give Mr. Cochran a copy.
# 29 THE COURT: All right.
# 30 MR. COCHRAN: Is that the--if you will just take a look at that, please, sir.
# 32 THE COURT: Mr. Darden.
# 33 MR. DARDEN: Does that refresh your recollection that the date of arrest was January 13, 1987?
# 34 MR. HODGE: Not really, sir, but I take it--
# 35 MR. DARDEN: Does that appear to be the complaint that you filed with LAPD?
# 36 MR. HODGE: Yes, sir, it does. It appears to be.
# 37 MR. DARDEN: Okay. Okay. And on the last page of that document does it indicate that you had a second interview with someone from Internal Affairs on January 23, 1987, an interview with a Sergeant Lamprey?
# 38 MR. HODGE: Yes, sir, it does indicate that.
# 39 MR. DARDEN: Okay. Did you have such an interview?
# 40 MR. HODGE: Yes, sir, I believe so.
# 41 MR. DARDEN: Okay. Nowhere in this Internal Affairs complaint is it mentioned that you complained of Fuhrman's use of any epithets; is that correct?
KEY QUOTE # 42 MR. HODGE: I haven't read over the entire of the interview, sir.
KEY QUOTE # 43 MR. DARDEN: Okay. Your Honor, may this document be marked People's 604?
# 44 THE COURT: People's next in order, 604.
# 45 (Peo's 604 for id = document) # 46 MR. DARDEN: Would you like to take a moment and see?
# 48 THE COURT: How many pages is this document, Mr. Darden?
# 49 MR. DARDEN: It is 17 pages, your Honor. Other than a response to this question, I have no additional questions.
# 50 THE COURT: All right. Since it is--it appears to be typewritten?
# 51 MR. HODGE: Yes, sir.
# 52 THE COURT: Single page. All right. Then what I'm going to suggest we do is allow Mr. Hodge the time to review the document and we will conclude the examination after the lunch hour. All right. Ladies and gentlemen, we are going to take our recess for the morning session. Please remember all my admonitions to you. Don't discuss the case among yourselves, don't form any opinions about the case, don't conduct any deliberations until the matter has been submitted to you, do not allow anybody to communicate with you with regard to the case. As far as the jury is concerned, we will stand in recess until 1:30. All right. Mr. Hodge, you can step down. Thank you.
# 53 (At 11:59 A.M. the noon recess was taken until 1:30 P.M. of the same day.) # 54 (Appearances as heretofore noted.) # 55 (Janet M. Moxham, CSR no. 4855, official reporter.) # 56 (Christine M. Olson, CSR no. 2378, official reporter.) # 57 (The following proceedings were held in open court, out of the presence of the jury:) # 58 THE COURT: All right. Back on the record in the Simpson matter. All parties are again present. The jury is not present. All right. Deputy Magnera, let's have the jurors, please.
# 59 (The following proceedings were held in open court, in the presence of the jury:) # 60 THE COURT: All right. Thank you, ladies and gentlemen. Be seated. All right. Let the record reflect we've been rejoined by all the members of our jury panel. Good afternoon, ladies and gentlemen.
THE JURY: Good afternoon.
# 61 THE COURT: Mr. Roderic Hodge. Mr. Hodge, would you come forward, sir.
Roderic Hodge, the witness on the stand at the time of the lunch recess, resumed the stand and testified further as follows:
# 62 THE COURT: All right. Mr. Hodge, would you resume the witness stand, please. All right. The record should reflect that Mr. Roderic Hodge is on the witness stand undergoing cross-examination by Mr. Darden. Good afternoon, Mr. Hodge. Mr. Hodge, you're reminded, sir, that you are still under oath. And, Mr. Darden, you may continue with your cross-examination.
CROSS-EXAMINATION (RESUMED) BY MR. DARDEN
# 63 MR. DARDEN: Do you still have the documents from this morning, Mr. Hodge?
# 64 MR. HODGE: No, sir. I gave them back to your assistant.
KEY QUOTE # 65 MR. DARDEN: At any event, do those documents--
# 66 THE COURT: Miss Lewis. All right. Mr. Hodge, why don't you pull the microphone close to you, please. Thank you.
# 67 MR. DARDEN: Did you see the epithet indicated here in these documents?
# 69 MR. DARDEN: Okay. Do you think it might be contained in some other document?
# 70 MR. COCHRAN: I object. That calls for speculation.
# 71 THE COURT: Rephrase the question.
# 72 MR. DARDEN: At any event, thank you, Mr. Hodge.