📄 Defense direct examination of recalled witness Philip Vannatter — Wednesday, July 6, 1994
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C:\DEPT103\PRELIMINARY\1994\JUL\6\DEFENSE-DIRECT-EXAMINATION-OF-.DOC
TRIAL
▲ Day 4 of 6

Defense direct examination of recalled witness Philip Vannatter

Witness: Det. Philip Vannatter
Examiner: Robert Shapiro
Called by: Defense • Date: Wednesday, July 6, 1994 • Lines: 62
The defense recalled Detective Philip Vannatter and marked his sworn search-warrant affidavit as Defense H, seeking to use statements in it to attack his credibility. Judge Kennedy-Powell blocked questioning about the affidavit's claim that scientific personnel confirmed human blood, but allowed Vannatter to acknowledge that he had sworn Simpson took an unexpected flight to Chicago and was last seen at his residence around 11:00 p.m.
1 MR. SHAPIRO:

Your Honor, we'd like to recall officer Vannatter, please.

2 THE COURT:

All right. I think I've said this before. You remain under oath.

3 MR. SHAPIRO:

Yes, Your Honor. PHILLIP VANNATTER, called as a witness by and on behalf of the defendant, having been duly sworn, was examined and testified as follows:

4

DIRECT EXAMINATION

5

BY MR. SHAPIRO:

6 Q:

Detective Vannatter, are you the affiant in search warrant number 94-0093?

7 A:

Yes.

8 Q:

And that's a document, a copy of which has been handed to me, which consists of the affidavit itself, consists of two and a half pages -- two and a quarter pages, actually.

9 A:

I believe that's correct, yes.

10 Q:

Let me just show it to you and make sure we're talking about the same document.

11 A:

Okay.

12 MR. SHAPIRO:

May I approach the witness, YOUR HONOR?

13 THE COURT:

Yes. Did you wish to mark this as an exhibit?

14 MR. SHAPIRO:

Yes. Defendant's next.

15 THE COURT:

'H'.

16 MR. SHAPIRO:

Yes, thank you, Your Honor.

17 DET. PHILIP VANNATTER:

Yes. That appears to be a copy of it, yes.

18

BY MR. SHAPIRO:

19 Q:

It appears to be or it is?

20 A:

Well, it's a copy of the original, yes.

21 Q:

And where is the original, if you know?

22 A:

The original was returned to the court.

23 Q:

Filed as part of this case?

24 A:

Yes.

25 Q:

You executed this affidavit under penalty of perjury, did you not?

KEY QUOTE
26 A:

That's correct.

27 Q:

In the affidavit, you indicated the following: "detectives observed what appeared to be human blood, later confirmed by scientific investigation personnel to be human blood, on the driver's door handle of the vehicle." Did you write that, sir?

28 A:

Yes, I did.

29 Q:

When did scientific investigation personnel tell you that it was human blood on the door handle?

30 MS. CLARK:

objection; irrelevant. Your Honor, counsel is trying to back-door a motion to traverse and quash, and as we've indicated earlier, nothing pursuant to the WARRANT is being offered. In order to get into issues concerning the validity of the warrants, something has to be offered by the people that was seized pursuant thereto, and it's not. The state of mind of this officer at the time he wrote the warrant is irrelevant to the state of mind that he had that bore upon his decision to go over the wall. And none of these questions concerning the veracity or the accuracy of the statements contained in this affidavit are relevant.

31 THE COURT:

Mr. Shapiro.

32 MR. SHAPIRO:

Yes. Your Honor, we are only offering this for impeachment as it goes to credibility of this witness. Your Honor is going to have to make a decision on credibility regarding whether or not the testimony that has been proffered here to Your Honor is in fact credible testimony as one of the criteria for making you're evaluations as to whether or not evidence should be suppressed. In evaluating the credibility of a witness, we are certainly entitled to use previous testimony under oath for purposes of impeachment on a relevant issue, not on a collateral issue. This is a relevant issue. This is testimony given under oath by this detective. It is relevant and material to his credibility, and that is the only purpose for which it is used. We are not seeking to quash or traverse this search warrant or do anything in regard to the search warrant, and in fact, quite the contrary. We offered to use this without any testimony.

33 THE COURT:

I was under the impression, Mr. Shapiro, that your offer of proof before indicated that there were some prior inconsistent statements -- four, I think you mentioned --

34 MR. SHAPIRO:

That's correct.

35 THE COURT:

-- in this affidavit that would be inconsistent with the witness's testimony here in court. Is that correct?

36 MR. SHAPIRO:

Your Honor, some are inconsistent with his statements in court. I believe in court that he did testify that it was human blood, and I believe the affidavit -- I don't believe -- the affidavit says S.I.D. personnel found it to be human blood. And we will offer testimony from their own chemist that he did not come to that conclusion. So that, we would say, is a major question of credibility with this witness and an out and out misstatement under penalty of perjury to the court.

37 MS. CLARK:

May I, Your Honor?

38 THE COURT:

Yes.

39 MS. CLARK:

No, it's not. It's actually not that. This witness has testified consistently. He believed it to be human blood when he was at the scene, and in the affidavit it contains his belief that it was human blood. If he's wrong, if he was wrong then, and he was wrong when he presented this affidavit as to what he believed the scientific investigations person concluded with respect to his testing, then he's consistent. Maybe wrong, but consistent. There is no impeachment contained in this affidavit with respect to that point, and I once again do reiterate that the point -- the state of mind that this officer had at the time he was seeking to obtain the warrant has no bearing on the determination of whether or not exigent circumstances applied to permit the entry without a warrant at the time that it was made. All of the inquiry that I know Mr. Shapiro intends to go into concerning this affidavit is irrelevant to the circumstances that are confronting this court and the issues that are being presented here concerning the exigent circumstances, but at least with respect to that one showing, it certainly is not even an inconsistent prior statement.

40 THE COURT:

The way I see it, Mr. Shapiro, is that if in fact there is an inconsistent statement with regard to something that the detective testified to during the course of the proceeding, then that would be admissible. But we're not going to create strawmen to shoot down later that were not part of the testimony. So the objection to this point is sustained.

41 MR. SHAPIRO:

To that question?

42 THE COURT:

Yes.

43 MR. SHAPIRO:

May I ask another question?

44 THE COURT:

Yes.

45 MR. SHAPIRO:

Thank you. May I just confer with Mr. Uelmen?

46 THE COURT:

Yes.

47 (discussion between counsel, sotto voce.)
48 MR. SHAPIRO:

Your Honor, the real question -- and Mr. Uelmen has phrased it in these terms -- the real issue for Your Honor to determine is whether Detective Vannatter would lie in order to sustain a search. And if we have evidence that he lied on the search warrant in order to obtain that, that goes to his credibility here as to whether or not he would lie to sustain a search.

49 THE COURT:

Mr. Shapiro, I'm not going to go into the -- what I agree with the prosecution would amount to a traversal of the search warrant since the prosecution has indicated that they are in fact not going to offer any of the evidence that was recovered after its execution.

50 MR. SHAPIRO:

Thank you, Your Honor. There is one other issue, and perhaps I will just do it as offer of proof. We would offer to ask this officer the following: whether in the affidavit he submitted he told --

51 MS. CLARK:

Well, objection, Your Honor. I don't see offer of proof is necessary. Either counsel may ask the question of the witness and it's a proper question or not, or not ask the question, but I don't see what is the purpose of making a record of offer of proof as to questions that will not be posed.

52 THE COURT:

Why don't you just ask the question, Mr. Shapiro.

53 MR. SHAPIRO:

Thank you, Your Honor.

54

BY MR. SHAPIRO:

55 Q:

Detective Vannatter, did you, in your statement to the magistrate judge, under penalty of perjury, indicate the following: "it was determined by interview of Simpson's daughter and a friend, Brian Kaelin, Simpson had left on an unexpected flight to Chicago during the early morning hours of June 13th, 1994, and was last seen at the residence at approximately 2300 hours June 12th, 1994?"

56 A:

Yes, I did.

57 MR. SHAPIRO:

Thank you, nothing further.

58 MS. CLARK:

And there would be an objection to the question and ask that the answer be stricken as being irrelevant.

59 THE COURT:

Overruled. Ms. Clark, do you have any questions for the detective?

60 MS. CLARK:

No, I have no questions. Thank you, Your Honor.

61 THE COURT:

You may step down. Thank you.

62 DET. PHILIP VANNATTER:

Thank you.

Temperature

tense

Key Quotes (5)

Robert Shapiro
You executed this affidavit under penalty of perjury, did you not?
Shapiro established the affidavit's sworn status as the foundation for his attempted impeachment of Vannatter.
Robert Shapiro
And we will offer testimony from their own chemist that he did not come to that conclusion. So that, we would say, is a major question of credibility with this witness and an out and out misstatement under penalty of perjury to the court.
The defense directly accused Vannatter of falsely claiming that scientific personnel had confirmed the substance as human blood.
Marcia Clark
Maybe wrong, but consistent.
Clark distilled the prosecution's response: an erroneous belief would not constitute a prior inconsistent statement or valid impeachment.
Robert Shapiro
The real issue for Your Honor to determine is whether Detective Vannatter would lie in order to sustain a search.
This stated the defense's broader strategic purpose—using the affidavit to undermine Vannatter's credibility concerning the warrantless entry.
Robert Shapiro
it was determined by interview of Simpson's daughter and a friend, Brian Kaelin, Simpson had left on an unexpected flight to Chicago during the early morning hours of June 13th, 1994, and was last seen at the residence at approximately 2300 hours June 12th, 1994?
This was the sole affidavit statement the defense ultimately placed before Vannatter and successfully kept in the record over objection.

Evidence (3)

Defense H
A copy of search warrant number 94-0093 and Vannatter's sworn affidavit, consisting of roughly two and a quarter pages.
marked, displayed, authenticated, and discussed
Informal
What appeared to be human blood on the driver's door handle of the vehicle, which Vannatter's affidavit said scientific investigation personnel had confirmed as human blood.
discussed and challenged
Informal
Unspecified evidence recovered after execution of the search warrant; the prosecution represented that none of it would be offered.
discussed as excluded from the prosecution's case

Notable Exchanges (2)

Robert ShapiroMarcia ClarkKathleen Kennedy-Powell
Shapiro sought to question Vannatter about the affidavit's claim that scientific personnel confirmed human blood on the vehicle. Clark argued this was an irrelevant attempt to challenge the warrant, while Shapiro said it showed Vannatter's willingness to lie to support a search; the judge sustained the objection and refused to permit a collateral attack on the warrant.
tense and strategic
Robert ShapiroDet. Philip VannatterMarcia ClarkKathleen Kennedy-Powell
After conferring with Uelmen, Shapiro asked whether Vannatter had sworn that Simpson took an unexpected Chicago flight and was last seen around 11:00 p.m. Vannatter agreed, and the judge overruled Clark's request to strike the answer.
revealing

Credibility Attacks (2)

⚔ Det. Philip Vannatter
attempted impeachment with an allegedly false prior sworn statement
Shapiro argued that Vannatter's sworn statement that scientific personnel had confirmed blood on the vehicle's door handle was an "out and out misstatement under penalty of perjury," suggesting Vannatter would lie to justify a search. The judge barred further inquiry into that point because it did not contradict Vannatter's testimony in the proceeding.
⚔ Det. Philip Vannatter
impeachment through the search-warrant affidavit
Shapiro elicited that Vannatter swore Simpson had taken an "unexpected flight to Chicago" based on interviews with Simpson's daughter and Brian Kaelin. The judge allowed the answer over the prosecution's relevance objection, leaving the statement in the record as a credibility challenge.

Objections

3 objections (1 sustained, 1 overruled)
Proceeding 9117 • 62 lines • Defense witness
Preliminary Trial
Department 103
📂 JUL 6, 1994 📄 Defense direct examination of
JUL 6, 1994