DEPARTMENT NO. 103 HON. LANCE A. ITO, JUDGE

APPEARANCES: (APPEARANCES AS HERETOFORE NOTED.)

(JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

(CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

(PAGES 19019 THROUGH 19035, VOLUME 108A, TRANSCRIBED AND SEALED UNDER SEPARATE COVER.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

THE COURT: ALL RIGHT. GOOD MORNING, COUNSEL. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN AND MISS LEWIS. THE JURY IS NOT PRESENT. AND BEFORE WE BEGIN THIS MORNING'S SESSION, THE COURT WOULD LIKE TO TAKE THE PERSONAL OPPORTUNITY TO WISH A HAPPY BIRTHDAY TO RUTH ARCHIE WHO IS ONE OF OUR REGULAR AUDIENCE AND ON HER BIRTHDAY TODAY. ALL RIGHT. COUNSEL, IS THERE ANYTHING WE NEED TO PUT ON THE RECORD BEFORE WE JOIN THE JURY AGAIN? MR. BAILEY.

MR. BAILEY: YESTERDAY THERE WAS A QUESTION RAISED AS TO WHETHER OR NOT I HAD SPOKEN PERSONALLY TO A WITNESS NAMED MAX CORDOBA, AND THAT QUESTION AROSE FROM A MISTAKE MR. CORDOBA MADE WHEN BEING QUESTIONED ON DATELINE. NBC YESTERDAY, AT VARIOUS TIMES DURING THE DAY, AND DATELINE ITSELF LAST NIGHT CORRECTED THAT MISSTATEMENT. THEY FOUND MR. CORDOBA IN PHOENIX AND HE RECALLED THAT BRIEFLY WHILE MR. MC KENNA WAS INTERVIEWING HIM ABOUT THE FACTS OF THE CASE THAT I HAD SPOKEN WITH HIM ABOUT HIS APPEARANCE. AND I WOULD SIMPLY LIKE, BECAUSE THE PRIOR VERSION IS NOW A PART OF THIS CASE TO A DEGREE, TO SHOW THE COURT, WHO I GATHER HAS NOT SEEN IT, AND THE RECORD, THAT SUCH EVENT TOOK PLACE, IF I MAY.

THE COURT: YOU MAY.

MR. BAILEY: MR. HARRIS. THIS IS FROM LAST NIGHT'S DATELINE AND I PERSONALLY TAPED IT.

THE COURT: I TAKE IT THERE IS NO FOUNDATIONAL OBJECTION?

MS. CLARK: NO.

THE COURT: THANK YOU. (BRIEF PAUSE.) MR. BAILEY: WELL, MR. HARRIS HASN'T LOCATED THE SPOT. PERHAPS THAT FACT IS SUFFICIENTLY NOTORIOUS SO THAT IT DOES NOT HAVE TO BE PLAYED, THE RETRACTION, SO TO SPEAK, BY --

THE COURT: ALL RIGHT. WELL, MR. BAILEY, I JUST WANTED TO GIVE YOU THE OPPORTUNITY.

MR. BAILEY: I APPRECIATE THAT, BUT I DON'T WANT TO HOLD UP THE JURY ANY MORE THAN WE HAVE. I WILL SIMPLY MAKE THAT ASSERTION, I TAKE IT, FROM LOOK OF ANY CONTRADICTION, THAT AT LEAST SOME MEMBERS OF THE PROSECUTION ARE FAMILIAR WITH THE CHANGE IN POSITION BY THE WITNESS.

THE COURT: ALL RIGHT. ALL RIGHT. MISS CLARK, ANYTHING ELSE BEFORE WE PROCEED WITH THE JURY?

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MS. CLARK: I'M SORRY, MAY I HAVE A MOMENT, YOUR HONOR?

THE COURT: IS THERE ANY OTHER COMMENT ON THE RECORD BEFORE WE INVITE THE JURORS TO JOIN US?

MS. CLARK: I WOULD ONLY INDICATE, YOUR HONOR, THAT IN VIEW OF THE MORE RECENT STATEMENT OF MR. CORDOBA TO WHICH MR. BAILEY REFERS, AND I'M FAMILIAR WITH IT, THE REAL ISSUE IS MR. CORDOBA'S CREDIBILITY, AND I THINK WE SHOULD TURN OUR ATTENTION TO THAT AND GET ON WITH THIS IN A PROFESSIONAL MANNER.

THE COURT: ALL RIGHT. IT WOULD THRILL ME TO DEATH IF COUNSEL WOULD APOLOGIZE TO EACH OTHER FOR THE RATHER HIGH LEVEL OF VITRIOL YESTERDAY.

MS. CLARK: ALTHOUGH I CANNOT SAY, YOUR HONOR, THAT, SUBSTANTIALLY SPEAKING, THE RECORD -- THE EVIDENCE AND THE INFORMATION WE HAD DID NOT SUPPORT THE FUNDAMENTAL BELIEF THAT WE HAVE A WITNESS HERE WHO IS NOT TO BE BELIEVED, WHO HAS NO CREDIBILITY, I DO --

THE COURT: MISS CLARK, FORGIVE ME FOR INTERRUPTING YOU, BUT GIVEN THE STATE OF THE RECORD AS WE KNOW IT TODAY, GIVEN THE LEVEL OF THE COMMENTS YESTERDAY, WHICH WERE NOT APPROPRIATE, I THINK IT WOULD BE APPROPRIATE TO BEGIN THIS SESSION BY BOTH SIDES ACKNOWLEDGING GOING BEYOND THE BOUNDS OF PROFESSIONAL CONDUCT IN THE HEAT OF BATTLE, I UNDERSTAND, AND THAT WE ALL AGREE TO CONDUCT OURSELVES PROFESSIONALLY TODAY AND I ONLY ASK THAT OF YOU FIRST BECAUSE YOU ARE STANDING AND TALKING TO ME. I'M GOING TO ASK THE SAME OF MR. BAILEY AS SOON AS I HEAR FROM YOU.

MS. CLARK: AND I DO. NO, NO. I'M SORRY, YOUR HONOR. I'M NOT GOING TO BE FACETIOUS. I DO MEAN THAT. I REALLY I DON'T LIKE TO ENGAGE IN THAT SORT OF EXCHANGE. I THINK IT IS -- I THINK IT IS UNSEEMLY AND I THINK IT IS BAD FOR THE ENTIRE PROFESSION. AND I DO EXTEND TO MR. BAILEY MY APOLOGY FOR THE -- THE EXTREME NATURE OF THE EXCHANGE YESTERDAY. I DON'T ANTICIPATE THAT HAPPENING AGAIN. AND I THINK THAT WE WILL ALL, FROM THIS DAY FORWARD, CONDUCT OURSELVES AS PROFESSIONALS, SEASONED PROFESSIONALS THAT WE ALL ARE.

THE COURT: THANK YOU, MISS CLARK. MR. BAILEY.

MR. BAILEY: I, WITHOUT HESITATION, APOLOGIZE FOR WHAT I HAVE FOUND IS AN UNWARRANTED COMMENT DIRECTED AT MISS CLARK AND THAT WAS THAT HER EYESIGHT AND MEMORY WERE DEFICIENT. VERY PLAINLY THAT WAS UNFAIR SINCE HER EYESIGHT IS EXCELLENT AND HER MEMORY HAS PROVEN TO BE THE SAME. MY MOST PROFOUND APOLOGY IS DIRECTED AT THE COURT. I HAVE BEEN DOING THIS FOR FORTY YEARS AND I WAS CAUGHT OFF GUARD WITH THAT ACCUSATION AND MY REACTION WAS CERTAINLY LESS RETRAINED AND LESS PROFESSIONAL THAN IT SHOULD HAVE BEEN. AND THE THING THAT PAINS ME BOTH IS ANY CRITICISM THAT HAS BEEN DIRECTED BY THE COURT BECAUSE OF MY CONDUCT. IN MY VIEW YOU ARE ONE OF THE FINEST TRIAL JUDGES I HAVE EVER THE HAD PRIVILEGE TO APPEAR BEFORE AND I THINK THAT CRITICISM IS UNWARRANTED, BUT TO THE EXTENT THAT I CAUSED IT, I DO APOLOGIZE.

THE COURT: THANK YOU, COUNSEL.

MS. CLARK: MAY I JOIN IN THAT, YOUR HONOR. I WAS NOT AWARE OF CRITICISM BEING LEVELED AT THE COURT. IF THAT IS THE CASE, I REALLY WOULD LIKE TO TAKE THIS OPPORTUNITY TO INDICATE THAT WE FROM THE PROSECUTION DO NOT SHARE IN THAT VIEW AT ALL. WE EXTEND OUR MOST SINCERE APOLOGIES FOR ANY ILL REACTION THAT WAS CAUSED BY OUR CONDUCT YESTERDAY TO THE COURT. IT WAS CERTAINLY UNWARRANTED, UNFAIR AND UNJUSTIFIED.

THE COURT: WELL, COUNSEL, I APPRECIATE THAT THOUGHT; HOWEVER, THAT IS WHY I GET PAID THE BIG BUCKS. ALL RIGHT. LET'S PROCEED. DEPUTY MAGNERA, LET'S HAVE THE JURORS.

MR. DARDEN: AS WE AWAIT THE JURORS, SO THAT THE RECORD IS CLEAR, THE PEOPLE DO NOT INTEND TO CALL MAX CORDOBA. HE IS OFF OUR WITNESS LIST AS FAR AS WE ARE CONCERNED.

THE COURT: ALL RIGHT.

(BRIEF PAUSE.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

THE COURT: ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. ALL RIGHT. DETECTIVE FUHRMAN, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

MARK FUHRMAN, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

THE COURT: LET THE RECORD REFLECT THAT THE JURY HAS NOW JOINED US, ALL OF OUR MEMBERS. THAT DETECTIVE FUHRMAN IS AGAIN ON THE WITNESS STAND UNDER CROSS-EXAMINATION BY MR. BAILEY. GOOD MORNING, DETECTIVE FUHRMAN.

THE WITNESS: GOOD MORNING, YOUR HONOR.

THE COURT: DETECTIVE, YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. BAILEY, YOU MAY CONCLUDE YOUR CROSS-EXAMINATION.

MR. BAILEY: THANK YOU, YOUR HONOR.

CROSS-EXAMINATION (RESUMED)

BY MR. BAILEY:

Q: DETECTIVE FUHRMAN, DO YOU RECALL YESTERDAY WHEN I INDICATED A CERTAIN AREA OF THE AUDIENCE AND ASKED YOU IF YOU SAW ANYONE THERE THAT YOU KNEW. DO YOU RECALL THAT?

A: YES, SIR.

Q: AND DID YOU SEE ANYONE THAT YOU KNEW?

A: THAT I KNEW?

Q: YESTERDAY?

A: I KNOW PEOPLE, YES, IN THE AUDIENCE. YESTERDAY?

Q: SOMEONE THAT WAS CONNECTED WITH THE PREPARATION OF YOUR TESTIMONY?

A: NO. I DIDN'T RECALL, NO.

Q: DID YOU SEE ANYONE WHEN YOU LOOKED OUT YESTERDAY, NOT HERE TODAY, WHO IS CONNECTED WITH THE PREPARATION OF YOUR TESTIMONY?

A: NO, SIR.

Q: YOU DID NOT?

A: NO.

Q: DO YOU KNOW A DR. MARK GOLDSTON?

MS. CLARK: ASKED AND ANSWERED.

THE COURT: THAT IS A DIFFERENT NAME THAN I HEARD YESTERDAY.

THE COURT: EXCUSE ME, COUNSEL. OBJECTIONS?

MS. CLARK: OBJECTION, ASKED AND ANSWERED.

THE COURT: ITEM 4.

MS. CLARK: I'M SORRY. OBJECTION.

THE COURT: I HEARD A DIFFERENT NAME. OVERRULED.

THE WITNESS: I KNOW A MARK. I DON'T RECALL A MR. GOLDSTEIN.

Q: BY MR. BAILEY: GOLDSTON AS I GET IT?

A: I STILL DON'T, SIR.

Q: WHO IS MARK?

A: I BELIEVE HE IS A DOCTOR.

Q: PSYCHIATRIST, IS HE?

A: UMM, I'M NOT SURE IF HE IS A PSYCHOLOGIST OR A PSYCHIATRIST.

Q: OKAY. UNDER WHAT CIRCUMSTANCES HAVE YOU SEEN HIM?

A: I HAVE SEEN HIM IN THE D.A.'S OFFICE.

Q: WAS HE PRESENT DURING THE GRAND JURY SESSION?

A: NO. I DON'T RECALL HIM BEING THERE, NO.

Q: HAS HE TALKED WITH YOU AT ALL ABOUT BEING A WITNESS?

A: NO.

Q: YOU HAVE NEVER HAD ANY CONVERSATION WITH HIM?

A: YES.

Q: WHAT HAVE YOU TALKED ABOUT?

A: WE DIDN'T TALK. HE JUST SAID YOU ARE DOING A GOOD JOB, KEEP IT UP.

Q: DID YOU TALK TO HIM BEFORE YOU TESTIFIED?

A: NO, NOT AT ALL.

Q: AND HE HAS HAD NO CONVERSATION WITH YOU AT ALL ABOUT THE MANNER OF YOUR TESTIMONY, EXCEPT SOME WORDS OF ENCOURAGEMENT AFTER THE FACT? IS THAT THE WAY YOU LEAVE IT?

A: YES, SIR.

Q: DID YOU RECOGNIZE HIM WHEN I POINTED TO HIM YESTERDAY SITTING NEXT TO --

THE COURT: ASSUMES FACTS NOT IN EVIDENCE.

Q: BY MR. BAILEY: DID YOU SEE ME POINT YESTERDAY IN THIS DIRECTION, (INDICATING)?

A: I BELIEVE YOU POINTED, YES, SIR.

THE COURT: ALL RIGHT. INDICATING THE BACK ROW OF THE SEATS RESERVED FOR COUNSEL AND THE AUDIENCE.

MR. BAILEY: WELL, USING MR. MC GINNIS AS A LANDMINE, I BELIEVE THE MAN SITTING NEXT TO MR. JOE MC GINNIS, THAT IS WHERE I WAS POINTING. MR. MC GINNIS IS THE GENTLEMAN WITH HIS HAND UP, THE TALL GENTLEMAN WITH THE GRAY HAIR.

THE WITNESS: YES, SIR.

Q: BY MR. BAILEY: WAS MARK GOLDSTON SITTING THERE WHEN I ASKED YOU THE QUESTION?

MS. CLARK: OBJECTION.

THE COURT: OVERRULED.

THE WITNESS: I DID NOT NOTICE HIM, NO.

Q: BY MR. BAILEY: YOU DIDN'T NOTICE HIM?

A: NO.

Q: HOW MANY TIMES HAVE YOU SEEN THIS MAN, DETECTIVE FUHRMAN?

A: FOUR OR FIVE TIMES.

Q: OKAY. DETECTIVE FUHRMAN, HOW DID YOU CALL IN THE LICENSE PLATE OF THE VEHICLE THAT TURNED OUT TO BE KAELIN'S ON THE MORNING OF THE 13TH?

A: POLICE RADIO.

Q: IS THAT CALLED A ROVER?

A: YES, SIR.

Q: IS THAT SOMETHING YOU CARRY ON YOUR BELT?

A: NO. YOU COULD, BUT IN PLAIN CLOTHES IT IS VERY DIFFICULT, SO YOU USUALLY JUST TAKE IT OUT OF THE CAR AND HOLD IT.

Q: OKAY. DID YOU HAVE IT WITH YOU THAT MORNING?

A: AT DIFFERENT TIMES I DID, YES.

Q: ALL RIGHT. DID YOU HAVE IT WITH YOU WHEN YOU WERE IN TALKING TO KATO IN HIS BUNGALOW?

A: I DON'T BELIEVE SO, NO.

Q: DID YOU HAVE IT WITH YOU WHEN YOU WERE OUT TO LOOK FOR THE SOURCE OF THE NOISE?

A: NO.

Q: DID YOU HAVE ANY COMMUNICATIONS EQUIPMENT WITH YOU AT THAT TIME?

A: NO.

MR. BAILEY: OKAY.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

Q: BY MR. BAILEY: DETECTIVE FUHRMAN, IS THERE A POLICE RADIO CODE WHERE CERTAIN WORDS ARE USED TO INDICATE LETTERS OF THE ALPHABET AS THERE IS IN AVIATION IN THE MILITARY, FOR INSTANCE?

A: YES, SIR.

Q: WHAT IS THE POLICE WORD FOR "N"?

A: NORA.

Q: "V"?

A: VICTOR.

Q: "N"?

A: NORA.

Q: "H"?

A: HENRY.

Q: "I"?

A: PUT ME ON THE SPOT. IT IS IDAHO IN THE MILITARY. I'M HAVING A -- IDA.

Q: OKAY. DOES "NVN" HAVE A MEANING TO YOU?

A: NO, SIR.

Q: DO YOU USE THAT ON THE RADIO AT ALL?

A: NO, SIR.

Q: I MEAN THE PHONETIC LETTERS, NORA, ET CETERA?

A: OH, THE PHONETICS, IF I'M RUNNING A LICENSE PLATE, SUCH AS THAT?

Q: NO, NO. YOU SAID "V" WAS REPRESENTED BY?

A: VICTOR.

Q: ALL RIGHT. DO YOU EVER USE THE TERM NORA VICTOR NORA WHEN TALKING TO OTHER OFFICERS ON THE RADIO?

A: WHY WOULD I DO THAT?

Q: DO YOU EVER USE THE TERM NORA VICTOR NORA TALKING TO OFFICERS ON THE RADIO?

A: NO, SIR.

MS. CLARK: OBJECTION.

MR. BAILEY: ALL RIGHT. THANK YOU. THAT'S ALL I HAVE, YOUR HONOR, UNTIL THE OTHER MATTERS ARE SETTLED.

THE COURT: REDIRECT. MISS CLARK.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MR. DARDEN: CAN WE HAVE ONE MOMENT, YOUR HONOR?

THE COURT: CERTAINLY.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MS. CLARK: THANK YOU, YOUR HONOR.

REDIRECT EXAMINATION

BY MS. CLARK:

Q: DETECTIVE FUHRMAN, I'M GOING TO DIRECT YOUR ATTENTION TO YOUR STATE OF MIND AND KNOWLEDGE AT THE TIME YOU STEPPED OUT THE FRONT DOOR AT ROCKINGHAM, AND BY THAT I MEAN AFTER YOU PLACED KATO KAELIN AT THE BAR AND THEN WALKED OUT THE FRONT DOOR TO GO OUT TO THE SOUTH PATHWAY. AT THAT TIME, SIR, THE FIRST TIME YOU WALKED OUT TO THE SOUTH PATHWAY AT 360 SOUTH ROCKINGHAM, DID YOU KNOW THE TIME OF DEATH FOR RON GOLDMAN AND NICOLE BROWN?

A: NO, MA'AM.

Q: DID YOU KNOW WHETHER MR. SIMPSON HAD AN ALIBI FOR THE TIME OF THEIR MURDERS?

A: NO.

Q: DID YOU KNOW WHETHER THERE WERE ANY EYEWITNESSES TO THEIR MURDERS?

A: NO.

Q: DID YOU KNOW WHETHER ANYONE HAD HEARD VOICES OR ANY SOUNDS OR ANY WORDS SPOKEN AT THE CRIME SCENE AT THE TIME OF THEIR MURDERS?

A: NO, MA'AM.

Q: DID YOU KNOW WHETHER KATO HAD ALREADY GONE UP THE SOUTH WALKWAY BEFORE YOU GOT THERE?

A: NO.

Q: DID YOU KNOW WHETHER ANY FIBERS FROM THE BRONCO WOULD BE FOUND ON THAT GLOVE THAT YOU ULTIMATELY FOUND AT ROCKINGHAM?

A: NO.

Q: AND DID YOU KNOW THE CAUSE OF DEATH?

A: NO.

MS. CLARK: I HAVE NOTHING FURTHER.

THE COURT: MR. BAILEY.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. BAILEY: NOTHING, YOUR HONOR.

THE COURT: ALL RIGHT. DETECTIVE FUHRMAN, I'M GOING TO RELEASE YOU FROM FURTHER TESTIMONY TODAY; HOWEVER, YOU ARE STILL SUBJECT TO RECALL. YOU ARE ORDERED NOT TO DISCUSS YOUR TESTIMONY WITH ANYBODY EXCEPT YOUR OWN ATTORNEY AND THE ATTORNEYS FROM BOTH SIDES OR THEIR INVESTIGATORS. DO YOU UNDERSTAND THE ORDER, SIR?

THE WITNESS: YES, YOUR HONOR.

THE COURT: THANK YOU VERY MUCH. YOU ARE EXCUSED, SIR.

THE COURT: MISS CLARK -- I'M SORRY.

MS. CLARK: MAY WE HAVE 72 HOURS ON CALL FOR DETECTIVE FUHRMAN?

THE COURT: HOW ABOUT 48?

MS. CLARK: HE IS FAR AWAY.

MS. LEWIS: DETECTIVE, WAIT A SECOND.

THE COURT: ALL RIGHT. DETECTIVE, PART OF THE COURT'S ORDER IS YOU AGREE TO RETURN WITHIN 72 HOURS OF BEING NOTIFIED. DO YOU UNDERSTAND THE ORDER?

THE WITNESS: YES, YOUR HONOR.

MS. CLARK: THANK YOU, YOUR HONOR.

THE COURT: AND YOU WILL GIVE THE COURT PLENTY OF NOTICE.

MS. CLARK: YES, SIR.

THE COURT: ALL RIGHT. NEXT WITNESS.

MS. CLARK: THANK YOU. THE PEOPLE CALL LIEUTENANT SPANGLER.

(BRIEF PAUSE.)

MR. DARDEN: I WILL HAVE TO CALL FOR HIM, YOUR HONOR.

THE COURT: PLEASE DO.

(BRIEF PAUSE.)

THE COURT: ON THE WAY, MR. DARDEN?

MR. DARDEN: YES, YOUR HONOR.

THE COURT: THANK YOU.

(BRIEF PAUSE.)

THE COURT: THERE IS A CAMERA THAT IS ABOUT TO GO OUT OF THE COURTROOM.

(BRIEF PAUSE.)

THE COURT: ALL RIGHT. MISS CLARK.

MS. CLARK: THANK YOU, YOUR HONOR.

FRANK SPANGLER, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

THE CLERK: PLEASE RAISE YOUR RIGHT HAND. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

THE WITNESS: I DO.

THE CLERK: PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

THE WITNESS: MY FIRST NAME IS FRANK. MY LAST NAME IS SPANGLER. THAT IS S-P-A-N-G-L-E-R.

THE CLERK: THANK YOU.

THE COURT: MISS CLARK.

MS. CLARK: THANK YOU, YOUR HONOR.

DIRECT EXAMINATION

BY MS. CLARK:

Q: SIR, CAN YOU PLEASE TELL US WHAT YOU DO FOR A LIVING.

A: I'M THE COMMANDING OFFICER OF WEST LOS ANGELES DETECTIVE DIVISION. I'M A LIEUTENANT OF POLICE FOR THE LOS ANGELES POLICE DEPARTMENT.

Q: AND WERE YOU SO EMPLOYED ON THE DATE OF JUNE THE 13TH, 1994?

A: YES, I WAS.

Q: AND DID YOU RESPOND TO THE SCENE AT 875 SOUTH BUNDY ON THAT DATE, SIR?

A: YES, I DID.

Q: AT SOME POINT BETWEEN 2:30 AND 3:00 A.M. DO YOU RECALL GOING TO AN AREA OF THE CRIME SCENE WHERE YOU WERE ABLE TO LOOK THROUGH A FENCE AND AT THE BODY OF RON GOLDMAN AND NICOLE BROWN?

A: YES, I DO.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MR. FAIRTLOUGH: YOUR HONOR, COULD YOU PLEASE CUT THE FEED. THIS IS PEOPLE'S EXHIBIT NO. 46.

MS. CLARK: I'M GOING TO ASK YOU TO LOOK AT YOUR MONITOR, SIR.

THE WITNESS: (WITNESS COMPLIES.)

Q: BY MS. CLARK: DO YOU RECOGNIZE THE LOCATION SHOWN IN THIS PHOTOGRAPH, SIR?

A: YES, MA'AM.

Q: AND WHAT IS THE LOCATION?

A: THE LOCATION IS 875 SOUTH BUNDY.

Q: DO YOU SEE THE AREA THAT I INDICATED EARLIER, A WALKWAY ALONG THE NORTH SIDE OF THE FENCE OF 875 SOUTH BUNDY WHERE YOU WALKED?

A: YES, I DO.

Q: CAN YOU PLEASE DIRECT --

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

Q: BY MS. CLARK: I'M GOING TO ASK YOU TO WATCH THE ARROW, DIRECT THE ARROW TO THE LOCATION WHERE YOU WALKED.

A: HOW DO I DO THAT?

Q: ALONG THE NORTH SIDE. YOU ARE GOING TO SEE IT IN A MINUTE.

A: OKAY. DID YOU WANT ME TO --

Q: TELL THE ARROW WHERE TO GO.

A: MOVE IT TO THE WEST -- NO, THAT IS NORTH. THAT IS SOUTH. VERTICALLY ON THE SCREEN.

Q: THERE WE GO.

A: THAT WOULD BE THE GENERAL AREA UP IN THERE, IN THE SHADOW OF WHERE THAT TREE IS.

Q: ALL RIGHT. THANK YOU.

A: THERE IS A CONCRETE WALKWAY UP IN THERE.

MS. CLARK: CAN YOU PLEASE MARK THAT AND THE INITIALS. ASK THAT THIS BE MARKED PEOPLE'S -- WE HAVE SO MANY LETTERS AFTER THE NUMBERS, I HAVE TO CATCH UP.

MS. CLARK: 46-B.

THE COURT: ALL RIGHT. 46-B.

(PEO'S 46-B FOR ID = PHOTOGRAPH)

MS. CLARK: WE ARE PRINTING.

MR. FAIRTLOUGH: YOUR HONOR, THIS IS PEOPLE'S EXHIBIT NO. 43-E. THE FEED WILL NEED TO REMAIN CUT.

Q: BY MS. CLARK: SHOWING YOU THIS PHOTOGRAPH, SIR CAN YOU PLEASE LOOK AT YOUR MONITOR. CAN YOU TELL US IF YOU RECOGNIZE THE LOCATION YOU HAVE DESCRIBED TO US IN THIS PHOTOGRAPH?

A: YES, I DO.

Q: THE FENCE THAT IS SHOWN BEHIND THE BODY OF RON GOLDMAN, CAN YOU TELL US WHETHER OR NOT THAT IS THE FENCE THAT YOU WALKED UP AND LOOKED THROUGH BEHIND WHICH THERE IS THAT CONCRETE WALKWAY YOU INDICATED?

A: YES, MA'AM.

Q: AND DO YOU KNOW WHERE YOU STOOD IN RELATIONSHIP TO THE BODY OF RON GOLDMAN?

A: I WOULD HAVE BEEN ON THE NORTH SIDE OF THE FENCE LOOKING THROUGH THE FENCE AND ABOUT PARALLEL WITH WHERE HIS PANT'S LINE WOULD BE ON HIS BACK.

Q: AND WHEN YOU MADE THIS OBSERVATION, SIR, WHO WERE YOU WITH?

A: INITIALLY DETECTIVE PHILLIPS.

Q: RON PHILLIPS?

A: YES, MA'AM.

Q: AND DID SOMETHING DRAW YOUR ATTENTION, IN PARTICULAR, AS YOU LOOKED AT THE BODY OF RON GOLDMAN FROM THE OTHER SIDE OF THE FENCE, THE NORTH SIDE OF THAT FENCE?

A: YES, MA'AM.

Q: AND WHAT WAS THAT?

A: I COULD SEE AN INJURY ON HIS LOWER BACK, APPEARED TO BE ON THE LEFT SIDE THE WAY HE WAS LAYING.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

Q: BY MS. CLARK: OKAY. I'M GOING TO ASK YOU AGAIN TO TRY AND DIRECT THE ARROW TO THE FENCE THAT WE ARE TALKING ABOUT BEHIND WHICH YOU STOOD.

A: TAKE IT UP TO THE FENCE ITSELF. YOU SEE THAT DARK BAND BEHIND THE FENCE? ABOUT IN THERE, (INDICATING). NOW, I STOOD FURTHER DOWN TO WHERE IT LOOKS LIKE THERE MIGHT BE A TREE TRUNK DOWN IN THAT AREA, ABOUT RIGHT IN THERE, (INDICATING).

MS. CLARK: ALL RIGHT. IF WE COULD MARK THAT. OKAY.

Q: YOU WOULD HAVE BEEN ON THE OTHER SIDE OF THAT FENCE, SIR?

A: YES, MA'AM.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MS. CLARK: PEOPLE'S 43-E SUB 1.

THE COURT: SO MARKED.

(PEO'S 43-E(1) FOR ID = PHOTOGRAPH) MS. CLARK: NEVER MIND.

THE COURT: NEVER MIND.

MS. CLARK: WE CAN'T MAKE IT 43-F BECAUSE 43-F IS ANOTHER PHOTOGRAPH.

THE COURT: ALL RIGHT. E SUB (1).

MS. CLARK: SUB (1).

THE COURT: BUT THEY WILL BE PROVIDED TO THE JURY IN ORDER?

MS. CLARK: YES.

THE COURT: ALL RIGHT.

Q: BY MS. CLARK: AFTER YOU EXAMINED -- AFTER YOU MADE THAT OBSERVATION, SIR, FROM THAT LOCATION WITH DETECTIVE PHILLIPS, WHAT DID YOU DO NEXT?

A: I WALKED BACK OUT INTO THE STREET ON BUNDY, WALKED OVER TO WHAT WOULD BE THE EAST CURB, DOWN NEAR DOROTHY, AND I HAD A CONVERSATION WITH DETECTIVE PHILLIPS.

Q: NOW, THE WOUND THAT YOU SAW ON THE BODY OF RON GOLDMAN, SIR, DID YOU FORM SOME OPINION AS TO THE NATURE OF THAT WOUND?

A: YES, MA'AM.

Q: AND WHAT WAS THAT?

A: IT LOOKED LIKE IT MIGHT HAVE BEEN A GUNSHOT WOUND TO ME.

Q: NOW, YOU WERE TALKING ONLY ABOUT THE WOUND ON THE BACK; IS THAT IT?

A: YES, MA'AM. (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MR. FAIRTLOUGH: PEOPLE'S EXHIBIT NO. 51.

Q: BY MS. CLARK: ALL RIGHT. SIR. DO YOU RECOGNIZE THE INTERSECTION SHOWN ON THIS PHOTOGRAPH?

A: YES, MA'AM.

Q: AND WHAT IS IT?

A: DOROTHY AND BUNDY.

Q: OKAY. CAN YOU TELL US WHICH STREET IS BUNDY?

A: YOU SEE THE SIGN WITH THE CURVING -- THE STREET SIGN WITH THE CURVE ON IT?

Q: YES.

A: THAT STREET WOULD BE BUNDY AND DOROTHY WOULD BE THE STREET THAT THE BLUE CAR IS SORT OF TURNED AROUND ON THERE.

Q: OKAY. SO YOU INDICATED THAT YOU WALKED BACK OUT FROM THAT NORTH GATE AREA WITH DETECTIVE PHILLIPS AND YOU WENT TO THE EAST SIDE OF BUNDY. WOULD THAT BE THE SIDE OF BUNDY INDICATED BY THAT YELLOW SIGN WITH THE CURVING ARROW?

A: YES, MA'AM.

Q: YOU SPOKE TO DETECTIVE PHILLIPS FOR A WHILE?

A: YES, I DID.

Q: AT SOME POINT DID YOU SEE DETECTIVE FUHRMAN?

A: YES, I DID.

Q: AND DID HE COME OVER TO YOU?

A: YES.

Q: DID YOU HAVE A CONVERSATION WITH HIM?

A: YES, I DID.

Q: AND AFTER YOU HAD THAT CONVERSATION WITH -- WELL, WHAT DID YOU SHARE WITH HIM? WHAT INFORMATION?

A: I HAD DISCUSSED THE INJURY THAT I HAD SEEN TO THE MALE'S -- THE MALE VICTIM'S BODY AND INDICATED THAT, IN MY OPINION, IT COULD POSSIBLY BE A GUNSHOT WOUND.

Q: OKAY. JUST THE ONE THAT YOU SAW ON THE BACK?

A: YES. AND --

Q: I'M SORRY.

A: THEN I ASKED HIM TO ACCOMPANY ME OVER TO LOOK AT IT.

Q: SO WHAT HAPPENED NEXT?

A: HE ACCOMPANIED ME OVER. WE WALKED BACK INTO THE PATHWAY THE EXACT SAME WAY THAT I HAD BEEN THERE EARLIER AND SHINED A LIGHT ON THE VICTIM AND DETECTIVE FUHRMAN LOOKED AT THE INJURY.

Q: OKAY. DID YOU WALK ALL THE WAY BACK TO THE SAME POSITION YOU HAD BEEN IN EARLIER BEHIND THE NORTH GATE, THE NORTH FENCE, WITH DETECTIVE FUHRMAN?

A: DETECTIVE FUHRMAN WAS IN FRONT OF ME, SO I WAS A FEW FEET FURTHER EAST THAN I WOULD HAVE BEEN THE FIRST TIME, BUT WE WERE THERE TOGETHER, YES, MA'AM.

Q: OKAY. AND DID YOU SEE HIM WALK TO THE SAME LOCATION YOU HAD GONE TO?

A: YES, MA'AM.

Q: AND WHAT DID HE DO IN THAT LOCATION, SIR?

A: HE SHINED HIS LIGHT ONTO THE MALE VICTIM'S BACK AND -- ILLUMINATING THE AREA OF THE INJURY THAT HE OBSERVED, LOOKED AT IT FOR A FEW MOMENTS AND WALKED BACK WITH ME BACK OUT INTO THE STREET AT BUNDY AND EXPRESSED HIS OPINION THAT THAT DID NOT LOOK LIKE A GUNSHOT WOUND TO HIM, THAT IT LOOKED LIKE POSSIBLY A CUT.

Q: HE SAID POSSIBLY A CUT?

A: YES.

Q: OKAY. NOW, WERE YOU ABLE TO SEE HIS HAND AS HE WALKED TO THE NORTH GATE AREA WHERE YOU HAD PREVIOUSLY BEEN WITH DETECTIVE PHILLIPS AND WALKED BACK OUT?

A: YES, I COULD.

Q: WHAT WAS IN HIS HANDS, SIR?

A: A FLASHLIGHT.

Q: ANYTHING ELSE?

A: NO, MA'AM.

Q: DID HE LEAVE YOUR SIGHT AT ANY POINT WHEN HE WENT TO THE NORTH GATE AREA -- NORTH FENCE AREA, EXAMINED RON GOLDMAN AND CAME BACK TO YOU?

A: NO, MA'AM.

Q: AND AT THAT POINT, WHEN YOU BOTH CAME BACK OUT, WHERE DID YOU STAND?

A: WE WALKED BACK OVER TO THE EAST CURB OF BUNDY JUST NORTH OF DOROTHY.

Q: AT THAT POINT, SIR -- DO YOU RECALL WHAT KIND OF FLASHLIGHT DETECTIVE FUHRMAN HAD WITH HIM THAT NIGHT?

A: YES, MA'AM.

Q: WHAT KIND WAS IT?

A: A BLACK PEN LIGHT.

MS. CLARK: MAY I SEE --

THE COURT: MRS. ROBERTSON.

(BRIEF PAUSE.)

Q: BY MS. CLARK: SHOWING YOU WHAT HAS BEEN MARKED AS DEFENSE EXHIBIT 1055, DO YOU RECOGNIZE WHAT I'M SHOWING YOU, SIR?

A: YES, MA'AM.

Q: WHAT IS THAT?

A: IT IS A MAG-LITE.

Q: AND HOW DOES THAT COMPARE IN SIMILARITY TO THE FLASHLIGHT THAT WAS CARRIED BY DETECTIVE FUHRMAN ON THE NIGHT OR EARLY MORNING HOURS OF JUNE THE 13TH, 1994?

A: IT LOOKS TO BE THE SAME TO ME.

Q: AFTER THAT POINT, SIR, DID DETECTIVE FUHRMAN RE-ENTER THE CRIME SCENE?

A: NO, MA'AM.

Q: HOW DO YOU KNOW THAT?

A: I STOOD ON THE EAST SIDE OF BUNDY JUST NORTH OF DOROTHY UNTIL THE ARRIVAL OF ROBBERY/HOMICIDE AND NO ONE WENT BACK INTO THAT CRIME SCENE.

MS. CLARK: MAY I HAVE A MOMENT, YOUR HONOR?

THE COURT: PLEASE.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MS. CLARK: I HAVE NOTHING FURTHER.

THE COURT: MR. BAILEY.

CROSS-EXAMINATION

BY MR. BAILEY:

Q: LIEUTENANT SPANGLER, WHAT TIME DID YOU ARRIVE THERE THAT NIGHT?

A: I BELIEVE I ARRIVED APPROXIMATELY 2:30 IN THE MORNING, SIR.

Q: OKAY. SO YOU WERE THERE RATHER SHORTLY AFTER DETECTIVES FUHRMAN AND PHILLIPS ARRIVED AT 2:10?

A: THAT IS MY UNDERSTANDING, YES.

Q: AND DID YOU LEARN SOON AFTER YOUR ARRIVAL ABOUT THEIR HAVING ARRIVED AT 2:10?

A: I DON'T BELIEVE I MADE THAT INQUIRY AT THE TIME, BUT THAT IS MY UNDERSTANDING, YES, SIR.

Q: WHAT WAS THE FIRST THING YOU REMEMBER AFTER ARRIVING AT THE SCENE?

A: TALKING TO DETECTIVE PHILLIPS.

Q: OKAY. WHERE WAS DETECTIVE FUHRMAN?

A: DETECTIVE FUHRMAN WAS STANDING TO THE REAR OF 875 SOUTH BUNDY IN THE ALLEYWAY.

Q: OKAY. AND WHERE WERE YOU?

A: I HAD WALKED AROUND TO THE ALLEYWAY AND MET DETECTIVE PHILLIPS AND TALKED TO HIM, SIR.

Q: OKAY. CAN YOU TELL US WHERE YOU WENT AFTER YOUR ARRIVAL, WHAT YOU LOOKED AT?

A: YES, SIR.

MS. CLARK: OBJECTION, THIS IS BEYOND THE SCOPE.

THE COURT: OVERRULED.

THE WITNESS: DETECTIVE PHILLIPS AND SERGEANT ROSSI SPOKE TO ME BRIEFLY AND THEN DETECTIVE PHILLIPS ESCORTED ME INTO THE CONDOMINIUM VIA THE REAR GARAGE.

Q: BY MR. BAILEY: DID YOU VIEW THE CRIME SCENE FROM THE STEPS, FRONT STEPS?

A: I STAYED INSIDE THE CONDOMINIUM. I DID NOT GO OUTSIDE ONTO ANY STEPS, SIR.

Q: OKAY. DID YOU EVER ENTER THE CRIME SCENE FROM BUNDY?

A: YES, I DID, SIR.

Q: WHEN WAS THAT?

A: DETECTIVE PHILLIPS, AFTER TAKING ME THROUGH THE INTERIOR OF THE CONDOMINIUM AND SHOWING ME SOME THINGS FROM THE DOORWAY, TOOK ME BACK VIA DOROTHY TO THE FRONT OF THE LOCATION AND HE ILLUMINATED A PATHWAY THROUGH SOME PLANTS THAT WERE JUST SOUTH OF THE SIDEWALK WHERE THE FEMALE VICTIM WAS LYING AND WE APPROACHED IT FROM THAT POSITION, SIR.

Q: OKAY. CAN YOU RECALL WHAT YOU DID AFTER THAT?

A: YES, SIR. WE WALKED BACK OUT INTO THE STREET OF BUNDY AND WALKED NORTH TO THE PATHWAY THAT I DESCRIBED AND WALKED IN AND LOOKED AT THE BODY OF THE MALE VICTIM FROM THAT PERSPECTIVE, SIR.

Q: THAT WAS AT WHAT TIME?

A: I ARRIVED AT 2:30 AND BY 2:50 WE HAD MADE ALL THOSE OBSERVATIONS, SO OVER A PERIOD OF TWENTY MINUTES WE WERE IN THE CONDOMINIUM, OUT AT THE FRONT AND BACK OVER ON THE EAST CURB OF BUNDY.

Q: AND BY 2:50 YOU HAD BEEN UP TO THE BODY, NOTICED WHAT YOU THOUGHT WAS A GUNSHOT WOUND AND GONE BACK AND DONE THE SAME WITH FUHRMAN, CORRECT?

A: NO, SIR. FUHRMAN -- THE TIME THAT I WENT UP WITH FUHRMAN WAS A FEW MINUTES LATER, SIR.

Q: HOW MANY?

A: I WOULD ESTIMATE JUST AFTER 3:00 IN THE MORNING, MAYBE 3:05 MAX.

Q: AS I UNDERSTOOD IT, YOU CAME BACK WITH PHILLIPS TO THE CORNER?

A: YES, YES, SIR.

Q: SPOKE TO FUHRMAN AND THEN TURN HIM UP TO LOOK AT THE WOUND?

A: I'M SORRY?

Q: WHAT TIME DID YOU AND DETECTIVE PHILLIPS GO LOOK AT THE WOUND?

A: THAT WOULD HAVE BEEN ABOUT 2:45.

Q: OKAY. AND HOW MUCH TIME ELAPSED BETWEEN THE VIEWING WITH PHILLIPS AND THE VIEWING WITH FUHRMAN?

A: TEN, FIFTEEN MINUTES.

Q: AND WHY WAS THAT?

A: I DIDN'T HEAR THE QUESTION, SIR.

Q: I UNDERSTOOD FROM YOUR DIRECT TESTIMONY THAT YOU WALKED DOWN, TOLD FUHRMAN WHAT YOU HAD SEEN AND TOOK HIM BACK WITHOUT ANY BREAK?

A: NO, SIR.

Q: DID SOMETHING HAPPEN IN BETWEEN?

A: NO, SIR. FUHRMAN WALKED OVER TO ME. FUHRMAN WALKED FROM AROUND BACK BEHIND THE CONDOMINIUM OUT TO MY LOCATION ON BUNDY AND THEN WE HAD OUR DISCUSSION. I HAD DISCUSSED MY OBSERVATIONS WITH HIM AND THEN I WALKED OVER WITH HIM. THERE WAS A PERIOD OF TIME WHEN I WAS STANDING OUT ON BUNDY BY MYSELF BECAUSE DETECTIVE PHILLIPS HAD GONE TO GET DETECTIVE ROBERTS AND DETECTIVE FUHRMAN.

Q: OKAY. WHAT DID DETECTIVE FUHRMAN SAY TO YOU WHEN HE FIRST ENCOUNTERED YOU ON THAT OCCASION?

A: I DON'T BELIEVE -- THAT IS NOT THE SEQUENCE THAT IT OCCURRED. I WAS SPEAKING AND I ASKED HIM; HE DIDN'T ASK ME.

Q: DID HE SAY ANYTHING TO YOU, OTHER THAN "SURE" RESPOND?

A: YES. HE SAID "SURE." WHEN I ASKED HIM TO WALK OVER WITH ME HE SAID "SURE."

Q: WHAT I'M ASKING, LIEUTENANT SPANGLER, IS WHETHER OR NOT DETECTIVE FUHRMAN SAID ANYTHING UNRELATED TO THE ALLEGED WOUND IN THE BODY TO YOU ABOUT THE CASE AT THAT TIME?

A: NO, SIR, HE DID NOT.

Q: DID NOT. MADE NO COMMENT?

A: NO, SIR.

Q: OKAY. DO YOU KNOW AT WHAT POINT DETECTIVE FUHRMAN WAS WRITING HIS NOTES? IN OTHER WORDS, WAS IT BEFORE OR AFTER, IF YOU KNOW, YOU TOOK HIM UP TO LOOK AT THE WOUND?

A: I DO NOT RECALL SEEING HIM WRITING ANY NOTES, SIR.

Q: WELL, HE HAS TESTIFIED THAT HE WROTE NOTES IN THE HOUSE. WERE YOU AWARE OF THAT?

A: HE WAS NOT IN THE HOUSE WITH ME, SIR.

Q: OKAY. WAS HE IN THE HOUSE AFTER YOU WERE THERE AT ANY TIME?

A: I NEVER SAW HIM IN THE HOUSE.

Q: WHEN HE WALKED UP TO YOU AND PHILLIPS, FOLLOWING YOUR OBSERVATION OF MR. GOLDMAN'S BODY, WHERE WAS HE COMING FROM?

A: I LATER LEARNED FROM DETECTIVE PHILLIPS THAT HE HAD BEEN INSIDE THE HOUSE, SIR.

Q: OKAY.

A: AND I BELIEVE THAT IS WHERE DETECTIVE PHILLIPS FOUND HIM.

Q: ALL RIGHT. WELL, NOW HIS NOTES SAY POSSIBLE GUNSHOT WOUND, "GSW."

DID ANYONE OTHER THAN YOURSELF EVER SUGGEST THAT THE LACERATION ON GOLDMAN'S BODY WAS A GUNSHOT WOUND, IF YOU KNOW?

A: I DO NOT KNOW OF ANYONE ELSE THAT MADE THAT OBSERVATION, SIR.

Q: OKAY. AND YOU SAID THAT DETECTIVE FUHRMAN, UPON VIEWING THE WOUND, THOUGHT THAT IT LOOKED MORE LIKE A CUT?

A: YES, SIR.

Q: SUCH AS WOULD BE INFLICTED BY A SHARP INSTRUMENT?

A: YES, SIR, THAT IS FAIR.

Q: ALL RIGHT. NOW, THE NOTES THAT HE WROTE SAY GUNSHOT WOUND BUT DO NOT MENTION CUT. DO YOU KNOW WHY THAT IS?

A: NO, SIR. I HAVE NEVER SEEN THE NOTES.

Q: OKAY. HOW LONG AFTER THAT WAS IT THAT DETECTIVES PHILLIPS AND FUHRMAN WERE NOTIFIED THAT THE CASE WOULD NOT BE THEIRS, IF YOU KNOW.

THE COURT: HOW LONG BEFORE WHAT?

MR. BAILEY: AFTER HIS ENCOUNTER WITH FUHRMAN AND THE BODY?

THE WITNESS: OKAY. YOUR QUESTION IS HOW LONG AFTER FUHRMAN AND I VIEWED THE BODY?

Q: BY MR. BAILEY: YES.

A: THAT THE DECISION THAT ROBBERY/HOMICIDE WAS GOING TO HANDLE --

Q: YES.

A: OKAY. THE DECISION WAS MADE BEFORE HE AND I HAD VIEWED THE BODY TOGETHER. I HAD MADE THE DECISION WHEN DETECTIVE PHILLIPS AND I WERE STANDING OUT ON BUNDY AFTER HE HAD AND I HAD VIEWED THE BODY AND THAT WOULD HAVE BEEN ROUGHLY TEN MINUTES TO 3:00, SIR.

Q: AND WHAT, IF ANYTHING, DID PHILLIPS DO?

A: PHILLIPS LEFT ME, WALKED ROUND TO THE REAR WHERE DETECTIVE ROBERTS AND DETECTIVE FUHRMAN HAD BEEN, AND BROUGHT THEM BACK TO -- TO THE FRONT WHERE I WAS STANDING.

Q: DID HE GO IN THE HOUSE?

A: HE WAS OUT OF MY SIGHT, SIR. I DON'T KNOW. I LATER LEARNED THAT DETECTIVE ROBERTS AND FUHRMAN APPARENTLY WERE INSIDE THE CONDOMINIUM, SO YOU CAN SURMISE THAT HE DID, BUT I DON'T HAVE PERSONAL KNOWLEDGE OF THAT.

Q: AND HE BROUGHT FUHRMAN BACK WITH HIM? IS THAT THE WAY IT HAPPENED?

A: YES, SIR.

Q: OKAY. NOW, HAD YOU LEARNED AT THAT POINT THAT A SINGLE GLOVE HAD BEEN LOCATED THAT MIGHT BE CONNECTED WITH THE MURDERS?

A: I SAW IT, SIR.

Q: OKAY. DID YOU DIRECT ANYONE TO SEE IF THERE WAS ANOTHER GLOVE AROUND, SINCE THEY NORMALLY COME IN PAIRS?

A: WHEN I WAS LOOKING AT THE CRIME SCENE I ILLUMINATED THE AREA WITH A FLASHLIGHT AND THERE WAS NEVER ANY OTHER GLOVE THERE. THAT WAS ONLY THAT ONE THAT I COULD SEE BY AN OBLIQUE ILLUMINATION OF THE CRIME SCENE AND A HORIZONTAL ILLUMINATION. I ONLY EVER SAW THE ONE, SIR.

Q: DID YOU LOOK AROUND THE BODY?

A: YES, I DID.

Q: WHERE?

A: FROM TWO PERSPECTIVES. ACTUALLY THREE, EXCUSE ME. FROM THE DOORWAY INSIDE THE CONDOMINIUM YOU COULD LOOK DOWN AND HAVE A LIMITED VIEW. FROM THE SOUTH SIDE OF THE BODIES, WHEN WE WALKED THROUGH THE PLANTED AREA, AND THEN FROM THE NORTH SIDE OF THE BODIES WHEN WE WALKED UP ON THE OUTSIDE OF THE FENCE. I LOOKED AT IT THREE DIFFERENT ANGLES.

Q: ALL RIGHT. TWO OF THE ANGLES YOU WERE WITHIN THE ENCLOSURE THAT IS NOW CALLED THE CRIME SCENE; IS THAT CORRECT?

A: (NO AUDIBLE RESPONSE.)

Q: IF YOU CONSIDER THE FENCE AND THE GATE TO BE AN ENCLOSURE?

A: I NEVER ENTERED INSIDE THE GATE, IF THAT IS THE QUESTION YOU ARE ASKING, SIR.

Q: OKAY. WELL, REVIEW THEM AGAIN IF YOU WILL, BECAUSE IT IS NOT CLEAR TO ME WITHOUT PUTTING A PICTURE UP AS TO WHERE YOU WERE STANDING. TIME ONE?

A: TIME ONE. TIME ONE WAS STANDING IN THE DOORWAY OF THE CONDOMINIUM INSIDE --

Q: OH, OKAY.

A: -- THE HOUSE.

Q: COULDN'T SEE ANY GLOVE FROM THERE, COULD YOU?

A: I DON'T RECALL SEEING A GLOVE FROM THERE, SIR.

Q: OKAY.

A: TIME TWO WAS FROM JUST SOUTH OF THE WALKWAY WHERE THE FEMALE VICTIM WAS LYING. TIME THREE WAS FROM THE NORTH SIDE OUTSIDE THE FENCE AT THE RESIDENCE THAT IS IMMEDIATELY NORTH OF 875 SOUTH BUNDY.

Q: DID YOU LOOK ANYWHERE ELSE ON ANY OTHER OCCASION?

A: YES, SIR.

Q: WHERE?

A: I LOOKED ON SIDEWALKS, I LOOKED IN THE STREET, I LOOKED ON THE LAWN, AND AS I WALKED, I LOOKED TO MAKE SURE YOU DON'T STEP ON ANYTHING OR DISTURB ANYTHING.

Q: SURE.

A: THAT SORT OF THING, YES, SIR.

Q: ALL RIGHT. NOW, BACK TO MY ORIGINAL QUESTION. DID YOU EVER ASK IF ANOTHER GLOVE HAD BEEN SEEN OR DIRECT ANYONE TO LOOK FOR ONE?

A: I DON'T RECALL MAKING THAT SPECIFIC REQUEST, SIR.

Q: YOU NEVER WROTE A REPORT OF ANY OF THESE MATTERS, DID YOU, LIEUTENANT?

A: NO, SIR, I HAVE NEVER WRITTEN A REPORT ON ANY OF THESE MATTERS.

Q: SO YOU ARE NOW -- I TAKE IT YOU HAVE NEVER TESTIFIED ABOUT THIS MATTER, HAVE YOU, BEFORE?

A: NO, SIR, I HAVE NEVER TESTIFIED IN THIS MATTER.

Q: SO YOU ARE RELYING TOTALLY ON YOUR MEMORY AT THE MOMENT OR YOUR MEMORY AND THE REPORTS OF OTHERS?

A: INDEPENDENT RECOLLECTION AND RECALL, SIR.

Q: OKAY. MY UNDERSTANDING IS THAT YOU RETURNED FROM THE THIRD VIEWING OF THE CRIME SCENE WITH DETECTIVE FUHRMAN --

A: NO, SIR. I RETURNED FROM THE THIRD VIEWING OF THE CRIME SCENE WITH DETECTIVE PHILLIPS TO SOUTH BUNDY.

Q: FOURTH THEN?

A: WHEN DETECTIVE FUHRMAN AND I WENT UP THERE, THAT WOULD HAVE BEEN A FOURTH TIME; THAT'S CORRECT, SIR.

Q: A FOURTH TIME?

A: YES, SIR.

Q: OKAY. YOU RETURNED AT ABOUT THREE O'CLOCK?

A: ABOUT 3:05 I WOULD THINK.

Q: ALL RIGHT. TELL THE JURY, IF YOU CAN, EVERYTHING YOU DID FOR THE NEXT TWO HOURS.

A: FOR THE NEXT TWO HOURS AFTER VIEWING THE CRIME SCENE WITH DETECTIVE FUHRMAN?

Q: YES.

MS. CLARK: OBJECTION, YOUR HONOR, BEYOND THE SCOPE.

THE COURT: OVERRULED. DO YOU WANT TO LOOK AT -- WHY DON'T YOU REVIEW ITEM 4. MR. BAILEY. LIEUTENANT, YOU CAN ANSWER THE QUESTION.

THE WITNESS: I STOOD ON THE EAST SIDE OF BUNDY JUST NORTH OF DOROTHY AND THE ONLY TIME THAT I LEFT THAT POSITION WAS WHEN I WALKED OVER TO LOOK AT THE DOG.

Q: BY MR. BAILEY: SORRY, I DIDN'T CATCH THE LAST --

A: THE ONLY TIME I LEFT MY POSITION -- WHAT WE WERE DOING IS WE WERE WAITING FOR ROBBERY/HOMICIDE TO ARRIVE AND I WALKED OVER AND LOOKED AT THE DOG. THAT WAS ABOUT IT.

Q: LOOKED AT THE DOG?

A: YES, SIR.

Q: OKAY. THIS IS THE AKITA?

A: I DON'T KNOW THE BRAND, BUT -- OR THE BREED, EXCUSE ME, BUT IT WAS -- IT WAS A PRETTY GOOD SIZED DOG, YES, SIR.

Q: DID THE DOG HAVE A LEASH ON IT WHEN YOU SAW IT?

A: I SEEM TO RECALL IT WAS A ROPE.

Q: A ROPE?

A: IT LOOKED MORE LIKE A ROPE TO ME THAN A LEASH, YES, SIR.

Q: AROUND HIS NECK, DRAGGING?

A: NO. I BELIEVE HE WAS TIED TO SOMETHING, A STREET POLE OR A TREE.

Q: THE DOG WAS TETHERED THE ONLY TIME YOU SAW HIM?

A: YES, SIR.

Q: ABOUT WHAT TIME WAS THAT?

A: ABOUT 3:15.

Q: NOW, OTHER THAN THAT ONE EXCURSION TO SEE THE DOG, DID YOU REMAIN AT THE POSITION YOU SHOWED US IN THE PRIOR PHOTOGRAPH, THE INTERSECTION OF BUNDY AND DOROTHY, FROM 3:00 UNTIL THE DETECTIVES LEFT AT 5:00?

A: YES, SIR.

Q: OKAY. AND WERE YOU STILL THERE AFTER THEY LEFT?

A: YES, SIR.

Q: DO YOU RECALL THEM LEAVING?

A: YES, SIR.

Q: ALL RIGHT. WHEN YOU SAW DETECTIVE FUHRMAN THAT NIGHT, WAS HE WEARING A COAT AT ANY TIME?

A: YES, SIR.

Q: AND WHEN WAS THAT?

A: WHEN I FIRST ARRIVED.

Q: AND DID YOU SEE HIM LATER WITHOUT A COAT?

A: YES, I DID.

Q: WHEN WAS THAT?

A: JUST SHORTLY AFTER THREE O'CLOCK. HE HAD IT OFF BY THE TIME HE AND I WALKED UP TO THE FRONT -- TO THE NORTH SIDE OF THE BODIES.

Q: OKAY. WHEN YOU WERE WITH DETECTIVE FUHRMAN YOU SAW HIM SHINE THE LIGHT, A REPLICA OF WHICH IS BEFORE YOU?

A: YES, SIR.

Q: ON THE BODY OF RON GOLDMAN?

A: YES, I DID.

Q: YOU DID SEE HIM POKE AROUND OR SHINE IT ANYWHERE ELSE OR MAKE ANY OTHER INVESTIGATION IN YOUR PRESENCE?

A: NO, SIR.

Q: OKAY. SO THAT AS I UNDERSTAND IT, YOU WALKED UP, SHINED THE LIGHT ON THE BODY WHERE YOU DIRECTED HIM TO LOOK AND CAME OUT?

A: YES, SIR.

Q: HE HAS SAID FIVE SECONDS. WOULD THAT SOUND RIGHT TO YOU?

A: YES, SIR.

Q: OKAY. AND THAT IS WHEN HE SAID TO YOU "I DON'T THINK IT IS A GUNSHOT WOUND, I THINK IT IS A CUT"?

MS. CLARK: OBJECTION, OBJECTION.

THE COURT: WHAT IS THE GROUNDS?

MS. CLARK: MISSTATES THE TESTIMONY, YOUR HONOR.

THE COURT: OVERRULED.

Q: BY MR. BAILEY: I'M SORRY. DID I MISQUOTE YOU? I UNDERSTOOD THAT DETECTIVE FUHRMAN HAD DISAGREED WITH YOUR ANALYSIS AND SUBSTITUTED HIS OWN?

A: WELL, HE --

Q: HOW DID HE PUT IT?

A: WELL, SORT OF POLITELY THAT HE POINTED OUT TO ME THAT THAT WAS ONE OF THE REASONS AND THEY WERE THE HOMICIDE INVESTIGATORS, BECAUSE IT DIDN'T LOOK LIKE A GUNSHOT WOUND TO HIM.

Q: WAS HE SUGGESTING YOU HAD BEEN BENCHED?

A: WELL, HE WAS JUST SUGGESTING THAT HE HAD A DIFFERENT OPINION, I THINK.

Q: DETECTIVE FUHRMAN WAS NEVER BASHFUL ABOUT EXPRESSING HIS OPINIONS, WAS HE?

A: NO, SIR.

Q: NOW, CAN YOU TELL US FROM 3:00 TO 5:00 A.M. WHERE DETECTIVE FUHRMAN WAS?

A: UNTIL I BELIEVE IT WAS DETECTIVE LANGE OR VANNATTER, AND I DON'T RECALL WHICH ONE, ARRIVED, HE WAS WITH ME.

Q: HOW LONG WAS THAT?

A: THAT WAS FROM THE TIME THAT DETECTIVE PHILLIPS BROUGHT THEM BACK AROUND FROM THE BACK OF THE BUILDING UNTIL, GOSH, ALMOST 4:00 IN THE MORNING, SIR.

Q: OKAY.

A: AND FROM THAT POINT DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN WERE TALKING TO ONE OR BOTH OF THE HOMICIDE INVESTIGATORS AND I BELIEVE LIEUTENANT ROGERS HAD ARRIVED AND THEY WERE TALKING TO LIEUTENANT ROGERS AND WERE BEING -- WERE WALKING AROUND THE VICINITY WITH THEM SHOWING THEM VARIOUS THINGS THAT THEY HAD SEEN EARLIER.

Q: WAS THERE ANY TALK DURING THAT PERIOD ABOUT POSSIBLE SUSPECTS, LIEUTENANT?

A: YES.

Q: WAS MR. SIMPSON'S NAME MENTIONED?

A: NO.

Q: OKAY. WAS THERE A SUGGESTION OF SOME OTHER SUSPECTS?

A: EXCUSE ME, SIR. LET ME CLARIFY IF I MAY.

Q: YES. WHEN YOU SAY WAS HIS NAME MENTIONED --

Q: YES, AS A SUSPECT?

A: THAT WAS MY ANSWER THEN.

Q: IT WAS PRETTY MUCH UNDERSTOOD THAT THE DECEDENT WAS NICOLE BROWN SIMPSON, HIS FORMER WIFE, WAS IT NOT?

A: THERE WAS SOME DOUBT WHEN I ARRIVED AND PART OF THE PROCESS OF MY WALKING THROUGH AND SEEING AND DISCUSSING WITH DETECTIVE PHILLIPS AND SERGEANT ROSSI WAS TO MAKE THAT DETERMINATION BECAUSE IT WAS GOING TO BE MY DECISION WHETHER OR NOT WE HANDLE IT OR DETECTIVE -- ROBBERY/HOMICIDE DIVISION HANDLED IT AND I WANTED TO SATISFY MYSELF. BUT THERE WAS A PERIOD OF TIME, APPROXIMATELY 3:45, 3:50 IN THE MORNING I BECAME CONVINCED THAT IT WAS ALMOST CERTAINLY HER.

Q: DO YOU MEAN 2:45 OR 2:50?

A: I MEAN THAT I WAS BECOMING MORE CONVINCED. THE MORE I SAW, THE MORE CONVINCED I BECAME.

Q: YOU JUST SAID 3:45 TO 3:50.

A: I'M SORRY, I MISSPOKE. I MEANT 2:00 SIR.

Q: I THOUGHT SO. OKAY. SO THERE WASN'T ANY QUESTION BANDIED ABOUT AFTER THAT POINT ABOUT THE IDENTITY OF THE FEMALE VICTIM, WAS THERE?

A: I DON'T RECALL ANY DISCUSSION.

Q: YOU WOULD HARDLY PERMIT DETECTIVES TO GO NOTIFY MR. O.J. SIMPSON THAT HIS WIFE HAD BEEN MURDERED UNLESS YOU WERE SURE THAT THAT WAS TRUE; ISN'T THAT SO?

A: THAT IS A FAIR ASSESSMENT, YES, SIR.

Q: HAD YOU RECEIVED ANY SPECIAL INSTRUCTIONS AS TO HOW MR. SIMPSON SHOULD BE NOTIFIED IN THIS CASE?

A: YES, SIR.

Q: AND FROM WHOM?

A: FROM DETECTIVE PHILLIPS.

Q: HE TOLD YOU THAT SOMEONE ELSE HAD MADE A REQUEST OF HIM. DO YOU KNOW WHO THAT WAS?

A: YES, SIR, THAT WAS COMMANDER BUSHEY.

Q: WAS IT YOUR DECISION TO BRING IN ROBBERY/HOMICIDE ALONE OR HAD YOU BEEN INSTRUCTED TO DO THAT IF IT TURNED OUT THAT THE VICTIM WAS MRS. SIMPSON?

A: I WILL HAVE TO EXPLAIN THAT TO YOU, BUT IT WAS MY DECISION. THE CHIEF MADE A RECOMMENDATION, BUT I'M THE COMMANDING OFFICER ON THE SCENE AND IT IS MY RESPONSIBILITY TO MAKE THE DECISION, AND IT WAS MY DECISION.

Q: HIS RECOMMENDATION HOWEVER PRECEDED YOUR DECISION, DID IT NOT?

A: YES, IT DID, SIR.

Q: AND WAS IDENTICAL WITH YOUR DECISION, WAS IT NOT?

A: I AM VERY GRATEFUL TO HIM FOR HAVING SUGGESTED THAT TO ME, YES, SIR.

Q: IN RETROSPECT?

A: YES, SIR.

Q: DID YOU, WHEN YOU WALKED THROUGH THE HOUSE, NOTICE A LIST OF PHONE NUMBERS, INCLUDING MR. SIMPSON'S?

A: NO, SIR.

Q: DID YOU NOTICE A TELEPHONE WITH A DIALER ON IT THAT SAID "DADDY"?

A: NO, SIR.

Q: DID YOU KNOW THAT TWO CHILDREN HAD BEEN TAKEN OUT OF THE HOUSE?

A: I WAS INFORMED, YES, SIR.

Q: AND DID YOU KNOW THAT MR. SIMPSON AND MRS. SIMPSON HAD TWO CHILDREN. HAD YOU KNOWN THAT?

A: NO, I DID NOT KNOW THAT.

Q: ALL RIGHT. WAS THERE ANY TALK IN YOUR PRESENCE BY ANY OF THE DETECTIVES ABOUT ANY DIFFICULTIES MR. SIMPSON MIGHT HAVE HAD IN 1985 OR 1989?

A: NOT IN MY PRESENCE, SIR.

Q: DID DETECTIVE FUHRMAN EVER DISCUSS THAT SUBJECT WITH YOU?

A: HE NEVER DID, SIR.

Q: WHEN YOU TALKED TO DETECTIVE FUHRMAN AND THEN WALKED WITH HIM UP TO THE NORTH SIDE, AS WE CALL IT, OF THE ENCLOSED AREA THAT HAS BEEN DESCRIBED AS THE CRIME SCENE, DID HE TELL YOU THAT HE HAD BEEN THERE BEFORE?

A: NO, SIR.

Q: ALL RIGHT. DID HE MENTION ANYTHING AT ALL?

A: NO, SIR.

Q: ALL RIGHT. DO YOU RECALL, LIEUTENANT, THAT THERE IS AN AREA OF HEAVY FOLIAGE IMMEDIATELY OUTSIDE THE CRIME SCENE?

A: YES, SIR.

Q: DID YOU PERSONALLY CARRY A FLASHLIGHT WITH YOU?

A: YES, SIR.

Q: DID YOU GO THROUGH THAT AREA?

A: WHEN YOU -- WHAT DO YOU MEAN "GO THROUGH IT"? DID I WALK THROUGH IT?

Q: THE FOLIAGE?

A: DID I WALK THROUGH IT?

Q: OR SEARCH THROUGH IT?

A: YES. SHINE THE LIGHT AND LOOK THROUGH, YES, SIR.

Q: WHEN DID YOU DO THAT?

A: WHEN I HAD WALKED UP WITH DETECTIVE PHILLIPS.

Q: ALL RIGHT. TELL ME EXACTLY WHERE IT WAS THAT YOU SHINED YOUR LIGHT.

A: BOTH TO THE SOUTH OF THE SIDEWALK AND TO THE NORTH OF THE SIDEWALK FROM THE CURB GOING WEST ALL THE WAY UP TO THE FENCE AND THEN WHEN WE WALKED AROUND INSIDE THE AREA, I TRIED TO SHINE IT ALL OVER THE AREA AS BEST I COULD.

Q: DID YOU LEAVE THE SIDEWALK AS YOU WALKED BY THE EAST BOUNDARY OF THE FENCE OR SIMPLY LOOK FROM THE SIDEWALK WITH YOUR FLASHLIGHT?

A: I STAYED ON THE SIDEWALK.

Q: OKAY.

A: UMM, THE PATHWAY THAT RUNS FROM THE EAST TO THE WEST IS WHAT I'M REFERRING TO AS A SIDEWALK NOW, NOT THE PUBLIC SIDEWALK. IS THAT WHAT YOU ARE TALKING ABOUT?

Q: I'M TALKING ABOUT BOTH.

A: OKAY. AND IN FACT I DID LOOK AT BOTH WITH A FLASHLIGHT, YES, SIR.

Q: OKAY. BUT YOU STAYED ON THE CONCRETE, I THINK THAT IS THE EASIEST WAY TO FRAME IT?

A: YES, SIR.

THE COURT: BOTH OF YOU, LET HIM FINISH ASKING THE QUESTION BEFORE YOU START ANSWERING, LIEUTENANT.

THE WITNESS: YES, YOUR HONOR.

THE COURT: MR. BAILEY, PLEASE LET HIM FINISH HIS ANSWER.

MR. BAILEY: I APOLOGIZE, YOUR HONOR. I'M AFRAID THE WITNESS AND I MAY SHARE A COMMON LINEAGE AS A MARINE.

THE WITNESS: U.S. ARMY, SIR. COMMAND SERGEANT MAJOR, U.S. ARMY, SIR.

MR. BAILEY: U.S. ARMY. PARDON ME. MR. DARDEN APPARENTLY DOESN'T KNOW HIS UNIFORMS BECAUSE HE TOLD ME YOU WERE A MARINE.

Q: WHEN WAS THE FIRST TIME, LIEUTENANT SPANGLER, THAT YOU RECITED FOR ANYONE'S BENEFIT YOUR TWO TRIPS UP TO LOOK AT GOLDMAN'S WOUND? DO YOU REMEMBER THE FIRST TIME YOU TALKED ABOUT THAT?

A: YESTERDAY.

MR. BAILEY: THANK YOU.

THE COURT: MISS CLARK.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MS. CLARK: THANK YOU, YOUR HONOR.

REDIRECT EXAMINATION

BY MS. CLARK:

Q: LIEUTENANT SPANGLER, IS IT COMMON FOR POLICE OFFICERS TO CARRY FLASHLIGHTS AT CRIME SCENES?

A: ESPECIALLY AT NIGHT, YES, MA'AM.

Q: AND IS IT -- WHAT IS THE PURPOSE OF HAVING A FLASHLIGHT AT A CRIME SCENE?

A: TO AID YOUR VISION, TO ALLOW YOU TO IDENTIFY AND SEE POTENTIAL ITEMS OF EVIDENCE.

Q: AND WOULD A FLASHLIGHT ALSO ILLUMINATE WHERE YOU ARE WALKING?

A: YES, IT WOULD.

Q: AND IS IT IMPORTANT TO SEE WHERE YOU ARE WALKING IN A CRIME SCENE THAT CONTAINS POTENTIAL EVIDENCE?

A: YES, MA'AM.

Q: AND WHY IS THAT?

A: SO YOU DON'T DISTURB THE EVIDENCE OR POSSIBLY DESTROY IT.

Q: AND SO IS IT COMMON PRACTICE, IN FACT ALWAYS DONE AT NIGHTTIME CRIME SCENES, THAT POLICE OFFICERS USE FLASHLIGHTS TO ILLUMINATE WHERE THEY WALK?

A: IT IS MY PRACTICE.

Q: NOW, AS I UNDERSTAND IT, SIR, BEFORE -- ACCORDING TO YOUR TESTIMONY ON CROSS-EXAMINATION, BY THE TIME DETECTIVE FUHRMAN CAME OUT TO YOU BEFORE YOU WENT WITH HIM TO THAT NORTH FENCE, HE HAD ALREADY WRITTEN NOTES? THAT WAS ALREADY DONE?

A: IT IS MY UNDERSTANDING, BUT I DID NOT PERSONALLY SEE THAT.

MR. BAILEY: I'M GOING TO OBJECT TO LEADING, YOUR HONOR.

THE COURT: SUSTAINED.

MS. CLARK: THIS IS --

THE COURT: THE QUESTION IS THERE. THE ANSWER IS THERE. THE OBJECTION IS THAT THE PRECEDING QUESTIONS HAVE BEEN LEADING. PROCEED.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

Q: BY MS. CLARK: YOU TESTIFIED ON CROSS-EXAMINATION, SIR, AS I UNDERSTAND IT, THAT DETECTIVE PHILLIPS BROUGHT DETECTIVE FUHRMAN OUT, TO THE BEST OF YOUR KNOWLEDGE. TELL US WHAT WAS YOUR KNOWLEDGE ABOUT WHERE DETECTIVE FUHRMAN HAD BEEN BEFORE YOU SAW HIM AND SPOKE TO HIM ON THE EAST SIDE OF BUNDY?

A: WELL, I HAD SEEN HIM AND DETECTIVE ROBERTS AT THE REAR OF THE LOCATION IN THE ALLEYWAY, AND WHEN DETECTIVE PHILLIPS LEFT ME HE WALKED AROUND THAT DIRECTION AND HE RETURNED WITH THEM. MY UNDERSTANDING WAS THAT THEY WERE INSIDE THE CONDOMINIUM, BUT I DID NOT PERSONALLY SEE THAT.

Q: OKAY. AND THEN WHAT WAS YOUR UNDERSTAND BEING WHAT DETECTIVE FUHRMAN WAS DOING INSIDE THE CONDOMINIUM BEFORE HE CAME OUT WITH DETECTIVE PHILLIPS TO SEE YOU ON THE EAST SIDE OF BUNDY?

A: BEGINNING THEIR INVESTIGATION.

Q: OKAY. WAS IT YOUR UNDERSTANDING THAT HE WAS WRITING NOTES INSIDE THE CONDOMINIUM AT THAT TIME?

A: YES.

Q: AND IT WAS AFTER THAT POINT -- AFTER THAT POINT THAT YOU HAD YOUR CONVERSATION ON THE EAST SIDE OF BUNDY AND WHAT YOU DID AFTER -- WHAT DID YOU DO AFTER THAT?

A: AFTER DETECTIVE PHILLIPS, DETECTIVE FUHRMAN AND DETECTIVE ROBERTS RETURNED TO MY LOCATION?

Q: YES.

A: I HAD A -- I MADE MY OBSERVATION OR DISCUSSED MY OBSERVATION OF THE INJURY AND I ASKED DETECTIVE FUHRMAN TO ACCOMPANY ME OVER TO LOOK AT IT FOR HIS OPINION.

Q: NOW, THE OBSERVATION THAT YOU MADE, THE CONVERSATION YOU HAD ABOUT THAT, WAS THAT WITH RESPECT TO THE ONE WOUND ON THE BACK OR WITH RESPECT TO ALL OF THE WOUNDS ON THE BODY?

A: THAT ONE WOUND, MA'AM.

Q: OKAY. DID YOU HAVE A CONVERSATION WITH DETECTIVE FUHRMAN ABOUT ANY OF THE OTHER POSSIBLE WOUNDS ON THE BODY?

A: NO, I DID NOT.

Q: AND WHEN YOU DISCUSSED WITH HIM THAT ONE WOUND THAT YOU SAW ON THE BACK, DID HE TELL YOU -- WHAT DID HE TELL YOU ABOUT HIS BELIEF CONCERNING THE CAUSE OF THAT ONE WOUND?

A: HE TOLD ME THAT HE DID NOT THINK IT WAS A GUNSHOT WOUND, THAT HE THOUGHT IT WAS A CUT.

Q: OKAY. WHAT WAS THE LANGUAGE? WAS HE DEFINITE OR WAS IT A POSSIBLE CUT?

A: WELL, HE WAS KIND OF -- I DON'T WANT TO CALL IT LAUGHING AT ME, BUT HE WAS OF THE OPINION THAT I DIDN'T KNOW WHAT I WAS TALKING ABOUT, I THINK. HE SEEMED TO BE FAIRLY CERTAIN IN HIS MIND THAT IT WAS A CUT.

Q: OKAY. WHAT WAS THIS, AN INSULTING CONVERSATION, SIR?

A: WELL, I CERTAINLY HOPE NOT, MA'AM.

Q: HOW DID YOU TAKE IT?

A: I WAS NOT INSULTED.

Q: WERE YOU LAUGHING?

A: I DEFERRED TO HIS EXPERTISE, THOUGH.

Q: WERE YOU LAUGHING AT THE TIME?

A: YES, I DID.

Q: YOU INDICATED, SIR, THAT YOU WERE GLAD THAT YOU HAD MADE THE DECISION TO REFER THE CASE TO ROBBERY/HOMICIDE?

A: YES, MA'AM.

Q: AND YOU WERE GRATEFUL FOR THE SUGGESTION FROM LIEUTENANT FRANKLE?

A: CHIEF.

Q: CHIEF FRANKLE?

A: YES.

Q: FORGIVE ME.

A: YES, MA'AM, I WAS.

Q: WHY IS THAT, SIR?

A: BECAUSE I HAVE, COUNTING DETECTIVE PHILLIPS, A FOUR-MAN HOMICIDE UNIT, AND THE -- I DON'T HAVE THE RESOURCES TO ADEQUATELY INVESTIGATE A CRIME THAT WAS OF THIS MAGNITUDE. I MEAN, I HAVE SOMETHING LIKE 38 DETECTIVES IN MY ENTIRE DIVISION. WE WOULD HAVE HAD TO SHUT DOWN EVERYTHING AND HANDLE NOTHING BUT THIS CASE. COULDN'T DO IT.

Q: AND THEN JUST SO IT IS CLEAR, SIR, BASED ON YOUR KNOWLEDGE OF THE OBSERVATIONS MADE AT THE CRIME SCENE, 875 SOUTH BUNDY, HOW MANY GLOVES WERE THERE?

A: THERE WAS ONLY EVER ONE GLOVE THERE THAT I SAW.

Q: OKAY. HAS IT EVER BEEN BROUGHT TO YOUR ATTENTION THAT ANYONE, WHETHER IT WAS THE FIRST OFFICER OR ANY OTHER OFFICER AFTER HIM AT THE SCENE, SAW ANYTHING OTHER THAN ONE GLOVE?

A: ONE GLOVE.

MS. CLARK: THANK YOU, SIR.

THE COURT: MR. BAILEY.

MR. BAILEY: NOTHING FURTHER.

THE COURT: ALL RIGHT. LIEUTENANT, YOU ARE EXCUSED FROM FURTHER TESTIMONY AT THIS TIME; HOWEVER, SUBJECT TO RECALL. PLEASE DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY ELSE EXCEPT FOR THE ATTORNEYS OR THEIR INVESTIGATORS. DO YOU UNDERSTAND THE ORDER, SIR?

THE WITNESS: YES, YOUR HONOR.

THE COURT: ALL RIGHT. THANK YOU VERY MUCH, LIEUTENANT. YOU ARE EXCUSED.

THE WITNESS: THANK YOU.

THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE A BRIEF RECESS AT THIS TIME TO CHANGE COURT REPORTERS.

PLEASE REMEMBER MY ADMONITION TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T ALLOW YOURSELF TO BE COMMUNICATED WITH REGARDING THE CASE, AND DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. ASK YOU TO STEP BACK INTO THE JURY ROOM, PLEASE. ALL RIGHT. WE WILL STAND IN RECESS FOR FIFTEEN.

(RECESS.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

THE COURT: BACK ON THE RECORD IN THE SIMPSON MATTER. ALL THE PARTIES ARE PRESENT. THE JURY IS NOT PRESENT. COUNSEL, YOU BROUGHT DOWN THE ADDITIONAL BOARDS; IS THAT CORRECT?

MR. DARDEN: YES, YOUR HONOR, THREE ADDITIONAL BOARDS. I HAVE SHOWN THOSE BOARDS TO MR. SHAPIRO.

THE COURT: ALL RIGHT. ARE WE READY TO PROCEED? I WOULD JUST SUGGEST THAT WE PUT IT SOMEPLACE OTHER THAN RIGHT THERE UP AGAINST THE JURY RAIL. ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE.

(BRIEF PAUSE.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

THE COURT: ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. LET THE RECORD REFLECT THAT WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF YOUR OUR JURY. MR. DARDEN, WOULD YOU DO ME A FAVOR AND GRAB THE MAG-LITE THAT IS THERE.

(BRIEF PAUSE.)

THE COURT: THANK YOU. ALL RIGHT. COUNSEL, WHO IS YOUR NEXT WITNESS.

MS. CLARK: YES, YOUR HONOR. THE PEOPLE CALL MR. DARRYL SMITH.

THE COURT: ALL RIGHT. MR. SMITH, COME FORWARD, PLEASE.

DARRYL SMITH, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

THE CLERK: PLEASE RAISE YOUR RIGHT HAND. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

THE WITNESS: I DO.

THE CLERK: PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

THE WITNESS: FIRST NAME IS DARRYL, D-A-R-R-Y-L. LAST NAME SMITH, S-M-I-T-H.

THE CLERK: THANK YOU.

THE COURT: ALL RIGHT. MR. SMITH, WOULD YOU JUST PULL THE MICROPHONE A LITTLE CLOSER TO YOU.

THE WITNESS: SURE.

THE COURT: THANK YOU, SIR.

THE WITNESS: OKAY.

DIRECT EXAMINATION

BY MS. CLARK:

Q: MR. SMITH, CAN YOU PLEASE TELL US WHAT YOU DO FOR A LIVING.

A: I WORK AS A FREELANCE CAMERAMAN OR DIRECTOR OF PHOTOGRAPHY.

Q: AND WERE YOU SO EMPLOYED ON THE DATE OF JUNE 13, 1994?

A: YES, I WAS.

Q: AND ON THAT DATE, SIR, DID YOU HAVE AN ASSIGNMENT FOR A PARTICULAR COMPANY?

A: YES, I DID.

Q: AND WHAT WAS THAT?

A: UMM, I WAS HIRED THROUGH GOLD COAST COMMUNICATIONS TO WORK FOR INSIDE EDITION.

Q: OKAY. SO ON THAT DAY WERE YOU OUT SHOOTING SOME FOOTAGE FOR INSIDE EDITION?

A: YES, I WAS.

Q: AND WHERE DID YOU GO?

A: AFTER LEAVING INSIDE'S MAIN HEADQUARTERS, WE WENT OVER TO WHAT IS NOW KNOWN AS NICOLE BROWN SIMPSON'S CONDO AND THEN ALSO OVER TO O.J.'S HOME.

Q: OKAY. ON ROCKINGHAM?

A: ON ROCKINGHAM, YES.

Q: NOW, WHEN YOU WENT TO NICOLE BROWN SIMPSON'S CONDOMINIUM, WAS THAT THE LOCATION OF 875 SOUTH BUNDY?

A: YES, IT WAS.

Q: OKAY. AND THERE IS SOME FOOTAGE I'M GOING TO SHOW YOU. BEFORE I DO, LET ME ASK YOU, SIR, THE FOOTAGE THAT WILL BE SHOWN TO YOU, HAVE YOU VIEWED THAT IN MY OFFICE WITH ME?

A: YES, I HAVE.

Q: AND EXPLAINED TO ME HOW THAT WAS DONE?

A: YES, I HAVE.

Q: DOES THE FOOTAGE SHOW THE EVENTS AND THE ORDER, THE CHRONOLOGICAL ORDER THAT THEY OCCURRED?

A: YES, IT DOES.

Q: OKAY. SO THAT THE FIRST SHOT THAT WE ARE GOING TO SEE, THAT IS WHAT OCCURRED FIRST IN TIME?

A: UMM, YES, I BELIEVE SO.

Q: AND THEN EVERY SHOT THEREAFTER?

A: EVERY SHOT THEREAFTER, YES.

THE COURT: IN ORDER.

MS. CLARK: IN ORDER. THANK YOU, YOUR HONOR.

THE WITNESS: IN ORDER.

Q: BY MS. CLARK: ARE THERE PIECES CUT OUT OF THE FOOTAGE?

A: THERE ARE PIECES CUT OUT. THE FOOTAGE HAS BEEN EDITED BUT IT TELLS THE STORY BASICALLY IN CHRONOLOGICAL ORDER.

MS. CLARK: THANK YOU, SIR.

THE COURT: MISS CLARK, LET ME INQUIRE. YOU HAVE VIEWED THAT; IS THAT CORRECT?

MS. CLARK: IT HAS ALREADY BEEN MARKED AND SHOWN, YOUR HONOR.

THE COURT: ALL RIGHT. REFRESH MY RECOLLECTION. IS THE FEED APPROPRIATELY CUT ON THESE?

MS. CLARK: YES. IT SHOULD BE CUT AND THIS IS THE TAPE THAT WAS SHOWN WITH DETECTIVE LANGE.

THE COURT: FINE. OKAY.

MS. CLARK: 101. PEOPLE'S 101, YOUR HONOR. ALL RIGHT. MR. SMITH, THERE IS A MONITOR RIGHT THERE FOR YOU TO VIEW.

THE WITNESS: RIGHT HERE? THANK YOU.

THE COURT: YES.

(AT 11:05 A.M., PEOPLE'S EXHIBIT 101, A VIDEOTAPE, WAS PLAYED.)

MS. CLARK: CAN WE BACK THAT UP? I'M SORRY.

(BRIEF PAUSE.)

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MS. CLARK: I'M SORRY.

Q: ALL RIGHT. DO YOU RECOGNIZE THIS FOOTAGE, SIR?

A: YES, I DO. CURRENTLY WE ARE ACROSS THE STREET AS NO CAMERAMEN WERE PERMITTED TO GO ACROSS THE STREET. THEY HAD US ALL BASICALLY STATIONED ON THE OPPOSITE SIDE OF THE STREET.

Q: SO ALL OF THE NEWS CREWS THERE AND THE CAMERAMEN WERE STATIONED ON THE EAST SIDE OF BUNDY?

A: BASICALLY ON THE EAST SIDE OF BUNDY. THERE WERE A COUPLE GUYS ACROSS THE STREET DOWN TOWARDS I GUESS THAT WOULD BE THE SOUTH SIDE AND THEY WERE MAKING THEIR WAY TO THE EAST SIDE.

Q: OKAY. SO THEN THE CRIME SCENE TAPE SHOT -- THE SHOT OF THE CRIME SCENE -- THE SHOT OF THE CRIME SCENE TAPE COMING DOWN, THAT WAS THE FIRST THING THAT OCCURRED?

A: YES, BEFORE ANY OF THIS HAPPENED.

Q: BEFORE ANY OF THIS?

A: RIGHT.

THE COURT: INDICATING THE POLICE OFFICER WAS LIFTING THE COTTON BLANKET.

MS. CLARK: AND WALKING ON THE WALKWAY.

THE COURT: YES.

Q: BY MS. CLARK: NOW, WHERE ARE YOU STANDING AT THIS POINT, SIR?

A: I'M STANDING ACROSS THE STREET. WELL, ACTUALLY I GUESS THAT WOULD BE THE WEST SIDE AFTER THE TAPE WENT DOWN AND I'M PRETTY MUCH STANDING ON THE GRASS.

Q: ON THE GRASS?

A: UH-HUH.

Q: AND CAN WE RUN THAT THROUGH ONE MORE TIME, PLEASE. SO WHILE THE CRIME SCENE TAPE WAS STILL UP, SIR, WHERE WERE ALL THE CAMERAMEN AND NEWS CREWS AND THE MEDIA?

A: A LOT OF MEDIA HAD LEFT AND I GUESS HEADED OVER TOWARDS ROCKINGHAM, BUT THE MEDIA THAT WAS THERE AT THAT TIME WAS BASICALLY ACROSS THE STREET. WHEN THE TAPE WENT DOWN I JUST BASICALLY INSTINCTIVELY WENT ACROSS THE STREET AND STOOD ON THE GRASS, BECAUSE THEN YOU CAN APPROACH A CRIME SCENE.

Q: SO THE FIRST TIME ANY CAMERAMEN WERE ALLOWED TO GET CLOSE TO THE CRIME SCENE WAS AFTER THE TAPE CAME DOWN?

A: AFTER THE TAPE CAME DOWN AT THE TIME, YOU KNOW, THAT I WAS THERE, WE WERE ALL STATIONED ACROSS THE STREET, AND WHEN THE TAPE CAME DOWN, AGAIN THAT IS WHEN WE WERE ALLOWED TO COME OVER BY THE CRIME SCENE.

MS. CLARK: OKAY.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

Q: BY MS. CLARK: DO YOU RECALL HOW LONG YOU HAD BEEN THERE WHEN THE CRIME SCENE TAPE CAME DOWN?

A: UMM, TO THE BEST OF MY RECOLLECTION ABOUT 30 TO 45 MINUTES.

(BRIEF PAUSE.)

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

(DISCUSSION HELD OFF THE RECORD BETWEEN MS. CLARK AND THE CLERK.)

MS. CLARK: READY? OKAY.

(AT 11:10 A.M., PEOPLE'S EXHIBIT 101, A VIDEOTAPE, WAS AGAIN PLAYED.)

Q: BY MS. CLARK: ALL RIGHT. WHERE ARE YOU STANDING WHEN THIS PART OF THE TAPE -- IF YOU COULD STOP IT HERE -- WHEN THIS PART OF THE TAPE IS BEING SHOT?

A: ACROSS THE STREET FROM -- FROM THE RESIDENCE. I GUESS THAT WOULD BE THE EAST SIDE.

Q: OF BUNDY?

A: OF BUNDY.

MS. CLARK: STOP.

Q: ALL RIGHT. NOW, YOU SEE THIS KID ROLLER SKATING DOWN THE SIDEWALK?

A: YEAH, I DO.

THE COURT: ALL RIGHT. EXCUSE ME, MISS CLARK. MISS CLARK, I'M SORRY, THE FIRST PORTION THAT MR. SMITH ANSWERED TO WAS THE OFFICER WHO WAS ROLLING UP THE CRIME SCENE TAPE.

MS. CLARK: YES, YOUR HONOR. THANK YOU.

THE COURT: ALL RIGHT.

Q: BY MS. CLARK: OKAY. YOU ARE STILL ACROSS THE STREET AT THIS POINT; IS THAT RIGHT?

A: YES, I AM.

(THE VIDEOTAPE CONTINUES PLAYING.)

MS. CLARK: OKAY. STOP, PLEASE.

Q: AT THIS POINT THE CRIME SCENE TAPE -- IS THIS SHOT AFTER THE CRIME SCENE TAPE HAS COME DOWN?

A: YES, THIS IS.

Q: OKAY. AND CAN YOU TELL US, SIR, WHERE YOU ARE STANDING AT THE TIME THIS SHOT IS FILMED?

A: UMM, APPROXIMATELY -- I'M EITHER RIGHT ON THE GRASS OR RIGHT BY THE CURB ON THE WEST SIDE OF BUNDY.

Q: OKAY. SO YOU ARE MUCH CLOSER NOW?

A: YEAH, YEAH, I AM.

THE COURT: THE RECORD SHOULD REFLECT THAT THE WITNESS IS REFERRING TO A PORTION OF THE TAPE WHERE IT APPEARS THAT THERE IS A CHILD LEANING OVER ROLLER BLADING PAST THE WESTEC SIGN.

MS. CLARK: YES, YOUR HONOR. THANK YOU. OKAY.

(THE VIDEOTAPE CONTINUES PLAYING.)

MS. CLARK: ALL RIGHT. STOP HERE. CAN YOU BACK IT UP?

Q: ALL RIGHT. AT THIS POINT, SIR, CHRONOLOGICALLY SPEAKING, DOES THIS EVENT OCCUR AFTER THE CHILD IS ROLLER BLADING?

A: YES.

Q: AND FOR THE RECORD BY "THIS" I'M REFERRING TO THE PORTION OF THE TAPE WHERE ONE OFFICER IS WALKING DOWN THE WALKWAY, THERE IS A BLOODY SHEET ON THE GROUND AND THERE IS ANOTHER OFFICER IN THE BACKGROUND WALKING IN THE SAME DIRECTION, BOTH OF THEM WALKING EAST ON THE WALKWAY?

A: YES.

Q: OKAY. NOW, WAS THERE ANYTHING -- WE EXAMINED -- YOU RECALL AS YOU TESTIFIED EARLIER, WE EXAMINED THIS TAPE IN MY OFFICE TOGETHER ON AN EARLIER OCCASION?

A: YES, WE DID.

Q: WAS THERE FOOTAGE THAT YOU FILMED BETWEEN THE LITTLE BOY ON THE ROLLER SKATES AND THESE OFFICERS COMING DOWN THE WALKWAY THAT IS NOT SHOWN HERE?

A: YES, THERE IS.

Q: HOW CAN YOU TELL THAT, SIR?

A: UMM, BASICALLY BECAUSE I SHOT A LOT OF IT AND IT IS EDITED TO WHERE THE IMPORTANT PART WAS THAT HE TOOK THE TAPE DOWN AND THE NEXT IMPORTANT PART WAS IT WAS STRANGE TO SEE A CHILD SKATING BY, THAT KIND OF THING. WHAT TRANSPIRED IN BETWEEN, THOSE WOULD BE CLOSE SHOTS OF OFFICERS AND CLOSE SHOTS, DIFFERENT SHOTS, SO THAT YOU CAN CUT UP AND MAKE A PROGRAM WITH, SO YES, THERE ARE -- I HAD CAMERA ROLLING AT DIFFERENT TIMES.

Q: OKAY. BUT THE SHOTS, ARE THEY STILL IN CHRONOLOGICAL SEQUENCE?

A: YES.

MS. CLARK: ALL RIGHT. GO AHEAD.

Q: AND IF YOU COULD TELL US, SIR, AS RE-ROLL THE TAPE NOW, WE ARE GOING TO ROLL IT SLOWLY, IF THERE IS ANOTHER CUT.

A: OKAY.

(THE VIDEOTAPE CONTINUES PLAYING.)

MS. CLARK: CAN YOU STOP THERE.

Q: HOW CLOSE ARE YOU HERE, SIR, WHEN YOU ARE FILMING THIS SHOT?

A: UMM, I'M STILL PRETTY MUCH ON THE GRASS.

Q: OKAY.

A: YEAH. ON THE GRASS RIGHT AT THE EDGE -- ON THE GRASS OR RIGHT AT THE EDGE OF THE SIDEWALK.

Q: OKAY. WERE YOU ABLE TO SEE THAT BLOODY SHEET OR BLANKET?

A: SURE.

Q: YEAH. DID THE BLOOD ON IT STILL LOOK WET OR MOIST TO YOU?

A: THAT I COULDN'T TELL.

Q: OKAY.

A: I COULDN'T TELL.

Q: YOU SAW THE FLIES AROUND IT?

A: UMM, IN MY BEST RECOLLECTION ALL I PRETTY MUCH SAW IS PRETTY MUCH WHAT YOU SEE HERE. I DIDN'T REALLY -- I CAN'T SAY I REALLY REMEMBER FLIES.

Q: OKAY.

A: BUT --

Q: BUT IF IT IS ON THE TAPE --

A: IF IT IS ON THE TAPE, I SAW IT, BASICALLY.

MS. CLARK: OKAY. OKAY.

(THE VIDEOTAPE CONTINUES PLAYING.)

MS. CLARK: COULD YOU STOP HERE.

Q: WHAT WAS -- WHAT WERE YOU TRYING TO FOCUS ON HERE? WAS THERE A PARTICULAR -- OTHER THAN OBVIOUSLY THE CRIME SCENE AND THIS IS BLOOD, WAS THERE SOMETHING THAT PARTICULARLY YOU WERE TRYING TO SHOW THAT DREW YOUR ATTENTION?

A: THE ONLY THING HERE IS TO MAKE SURE I GET A CLOSE-UP SHOT OF THE WHITE BLANKET WITH THE BLOOD SO THAT YOU CAN -- IF THEY CHOSE TO, THEY COULD CUT TO IT AND BASICALLY SHOW IT IN MORE DETAIL.

Q: DO YOU SEE, SIR -- YOU ARE LOOKING AT THE MONITOR.

A: OKAY.

Q: IN THE UPPER, I WANT TO SAY RIGHT-HAND CORNER KIND OF IN THE UPPER RIGHT-HAND TILE OF THIS FRAME, AND FOR THE RECORD THE FRAME I'M NOW DESCRIBING IS SHOWING THE BLANKET AND THE FIRST STEP OF THE STEPS THAT GO FROM THE WALKWAY UP TO THE LANDING, WHAT APPEARS TO BE A -- OH, THANKS. CAN YOU LOOK AT THE SCREEN, SIR, AND I'M GOING TO DIRECT -- LOOK AT THE RED DOT.

A: SURE.

Q: CAN YOU SEE IT?

A: YEAH, I SEE THE RED DOT. I CAN BARELY MAKE OUT THE SCREEN, BUT I CAN SEE THE AREA THAT YOU ARE CIRCLING AND THE TILE, OKAY.

Q: OKAY. DO YOU RECALL SEEING THAT SPOT?

A: YEAH, I DO.

Q: AND WHAT WAS THAT?

A: UMM, IT IS BASICALLY A LARGE AMOUNT OF BLOOD, COAGULATED BLOOD.

MS. CLARK: OKAY. GO AHEAD.

(THE VIDEOTAPE CONTINUES PLAYING.)

MS. CLARK: ALL RIGHT. STOP.

Q: ALL RIGHT, SIR. I'M GOING TO SHOW YOU TWO PHOTOGRAPHS, ONE OF WHICH HAS BEEN MARKED AS PEOPLE'S 57 AND ONE OF WHICH HAS BEEN MARKED AS DEFENDANT'S 1011 AND ASK YOU --

A: OKAY.

Q: -- TO YOU LOOK AT THESE. HAVE I SHOWN YOU THESE BEFORE, SIR?

A: NO, I HAVEN'T SEEN THESE BEFORE.

Q: OKAY. CAN YOU TELL ME, FIRST OF ALL, SIR, IF THOSE APPEAR TO BE BASICALLY THE SAME PHOTOGRAPH, ONE LARGE -- ONE LARGER THAN THE OTHER, ONE SHOWING THE LOGO AND ONE IN WHICH THE LOGO IS BLOCKED OUT?

A: YEAH, THEY ARE BASICALLY THE SAME PHOTOGRAPH.

Q: OKAY. AND CAN YOU TELL US, SIR, WHETHER OR NOT THESE ARE STILL SHOTS TAKEN FROM THE VIDEO THAT YOU FILMED THAT WE HAVE JUST BEEN LOOKING AT?

A: YEAH, THEY DO LOOK TO BE TAKEN FROM THE VIDEO.

Q: OKAY. AND IF YOU COULD LOOK AT YOUR MONITOR, SIR, THE FRAME THAT IS NOW BEING SHOWN, DO THESE APPEAR TO BE STILLS, THE STILL FRAME FROM THE VIDEO THAT YOU SHOT, THE FRAME THAT IS NOW BEING SHOWN TO YOU?

A: YES, IT DOES.

Q: AND SO IF WHAT YOU SHOT AND WHAT IS SHOWN IN THIS TAPE IS ALL IN CHRONOLOGICAL SEQUENCE, THIS PARTICULAR SHOT, WHICH IS A STILL OF WHICH IS SHOWN TO YOU IN PEOPLE'S 57 AND DEFENSE 1011 OCCURRED AFTER THE CRIME SCENE TAPE WAS TAKEN DOWN?

A: YES, YES.

MS. CLARK: OKAY. ROLL THE REST.

(THE VIDEOTAPE CONTINUES PLAYING.)

MS. CLARK: THANK YOU.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

MS. CLARK: NOTHING FURTHER.

THE COURT: MR. COCHRAN.

MR. COCHRAN: THANK YOU, YOUR HONOR.

CROSS-EXAMINATION

BY MR. COCHRAN:

Q: GOOD MORNING, MR. SMITH.

A: GOOD MORNING, MR. COCHRAN.

Q: JUST A FEW QUESTIONS, SIR, IF I MIGHT. YOU WERE THE PHOTOGRAPHER ON A PROGRAM THAT WAS ULTIMATELY SHOWN ON INSIDE EDITION; IS THAT CORRECT?

A: THAT'S TRUE.

Q: AND WAS THE NARRATOR OF THE PROGRAM SOMEONE BY THE NAME OF JOEL LOYE, L-O-Y-E?

A: I DON'T KNOW WHO THE NARRATOR WAS, SIR.

Q: DID YOU SEE THE SHOW WHEN IT WAS ULTIMATELY PRODUCED?

A: NO, I DID NOT.

Q: AS I UNDERSTAND IT THEN IS WHAT YOU DO, YOU DO YOUR WORK AT THE SCENE THERE AND YOU TURN IT OVER TO THEM?

A: RIGHT.

Q: THEY THEN CAN EDIT, CUT AND SPLICE?

A: ANYWAY THEY CHOOSE.

Q: SO WHEN WE SEE ON IT TELEVISION IT IS NOT ALWAYS IN THE SAME ORDER IN WHICH YOU SHOT IT; IS THAT CORRECT?

A: THAT'S CORRECT.

Q: THEY HAVE THAT OPTION?

A: THEY DO HAVE THAT OPTION.

Q: NOW, FROM WHAT YOU HAVE INDICATED TO US, SIR, YOU SHOT MORE FILM THAN WE ARE SEEING HERE TODAY; IS THAT A FAIR STATEMENT?

A: THAT IS A FAIR STATEMENT.

Q: LET'S START AT THE BEGINNING. WHAT TIME DID YOU ARRIVE OUT AT 875 BUNDY ON JUNE 13, 1994?

A: THAT WOULD HAVE BEEN IN THE NEIGHBORHOOD OF ABOUT 2:00 TO 2:30.

Q: 2:00 TO 2:30 IN THE AFTERNOON?

A: YES.

Q: WHEN YOU ARRIVED THERE, AS I UNDERSTAND YOUR TESTIMONY, THE YELLOW PERIMETER WAS STILL UP; IS THAT CORRECT?

A: YES, IT WAS.

Q: WERE THERE STILL OFFICERS AROUND INSIDE THE YELLOW BAND WHEN YOU FIRST GOT THERE?

A: YES.

Q: AND DID -- WOULD I BE CORRECT IN ASSUMING THAT YOU TOOK SOME PHOTOGRAPHS OR SOME VIDEO OF THE OFFICERS WALKING AROUND IN THERE?

A: UMM, YES, YOU WOULD BE CORRECT.

Q: IN OTHER WORDS, YOUR IDEA AND YOUR GOAL AS A -- ARE YOU CALLED A VIDEOGRAPHER?

A: YOU CAN CALL ME THAT.

Q: I WANT TO CALL YOU WHAT --

A: BASICALLY WHEN YOU SHOOT FOR INSIDE EDITION YOU ARE A NEWS PHOTOGRAPH.

Q: OKAY. SO AS A NEWS PHOTOGRAPHER, YOU HAVE AN EYE FOR THE NEWS, YOU ARE SHOOTING AND TRYING TO GET WHATEVER MIGHT BE RELEVANT FOR THE PROGRAM THEREAFTER, IS THAT A FAIR STATEMENT?

A: YES, IT IS.

Q: SO WHEN YOU ARRIVED THERE SHORTLY AFTER TWO O'CLOCK, WOULD I BE CORRECT IN ASSUMING THAT YOU STARTED TO SHOOT AT THAT POINT; IS THAT CORRECT?

A: UMM, YES, SOON AFTER THAT.

Q: AND WHERE IS THAT FILM NOW THAT YOU SHOT THAT WE ARE NOT SEEING TODAY?

A: THAT WOULD HAVE TO BE -- THAT IS THE PROPERTY OF INSIDE EDITION.

Q: IN OTHER WORDS, YOU TURNED IN OR SOLD IT OVER TO THEM?

A: I DON'T SELL IT OVER TO THEM. I TURN IT OVER TO THEM. THEY HIRE ME FOR THE DAY. THEY PAY ME MY REQUIRED FEE FOR THE DAY AND IT IS THEIR PROPERTY.

Q: SO THE FILM IS AT INSIDE EDITION; IS THAT CORRECT, AS FAR AS YOU KNOW?

A: THAT'S TRUE.

Q: AND WITH REGARD TO WHAT YOU SHOT PRIOR TO THE TAKING DOWN OF THE SCENE, DO YOU RECALL WHETHER YOU SAW POLICE OFFICERS IN AND AROUND THAT CRIME SCENE INSIDE THE YELLOW TAPE?

A: WHEN I WAS SHOOTING FROM ACROSS THE STREET?

Q: YES, YES.

A: YES, THERE WERE.

Q: THEY SEEMED TO BE WORKING IN THAT AREA, WERE THEY?

A: YES, THEY DID.

Q: DO YOU REMEMBER HOW MANY POLICE OFFICERS WERE IN THERE?

A: NO, I DON'T.

Q: YOU HAVE NO RECOLLECTION OF THAT?

A: NO, NOT -- I DIDN'T TAKE COUNT.

Q: ALL RIGHT. HAVE YOU -- WHEN IS THE LAST TIME YOU SAW THE FILM THAT YOU SHOT PRIOR TO THE CRIME SCENE BEING TAKEN DOWN?

A: I GUESS THE LAST TIME -- THE TOTAL FILM OR JUST THIS PIECE I'M LOOKING AT NOW?

Q: I'M THINKING NOW THE FILM WHEN YOU FIRST GOT THERE BEFORE THEY TOOK THE CRIME SCENE DOWN, WHEN DID YOU LAST SEE THAT?

A: I'M SORRY, COULD YOU --

Q: SURE. LET ME ASK YOU THAT AGAIN. YOU CAME THERE SHORTLY AFTER TWO O'CLOCK AND YOU STARTED TO SHOOT AT THAT POINT?

A: RIGHT.

Q: I'M ASKING YOU NOW WHEN IS THE LAST TIME THAT YOU SHOT BEFORE THE CRIME SCENE WAS TAKEN DOWN?

A: THAT DAY. THAT DAY.

Q: SO BACK ON JUNE 13?

A: BACK ON JUNE 13.

Q: YOU HAVE NOT SEEN IT SINCE?

A: NOT SEEN IT SINCE.

Q: AND HOW LONG WOULD YOU SAY YOU SHOT BEFORE THE CRIME SCENE WAS TAKEN DOWN?

A: UMM, TOTAL TAPE TIME I WOULD BE UNAWARE, BUT WE WERE THERE APPROXIMATELY ABOUT AN HOUR -- ABOUT -- YEAH, 45 MINUTES, AN HOUR, 30, 45 MINUTES TO AN HOUR.

Q: GOT THERE AT WHAT TIME?

A: I GOT THERE APPROXIMATELY ABOUT RIGHT AROUND TWO O'CLOCK, 2:00, 2:30.

Q: OKAY. DO YOU KNOW WHAT TIME THE CRIME SCENE WAS TAKEN DOWN?

A: NOT EXACTLY, NO. LIKE I SAID, ABOUT 45 MINUTES AFTER I GOT THERE.

Q: IF THE CRIME SCENE WAS TAKEN DOWN BETWEEN 3:30 AND 3:45, WOULD THAT SEEM TO BE ACCURATE TO YOU?

A: YEAH, THAT WOULD BE CLOSE.

Q: CLOSE. SO IF YOU GOT THERE BY 2:00, BETWEEN 2:00 AND 2:30, YOU MIGHT HAVE AT LEAST AN HOUR, MAYBE AN HOUR, A LITTLE BIT MORE? IS THAT A FAIR STATEMENT?

A: YEAH, THAT IS A CORRECT STATEMENT.

Q: AND WOULD I BE CORRECT IN ASSUMING THAT DURING THIS PERIOD OF TIME YOU SHOT AS MUCH AS POSSIBLE THAT YOU THOUGHT MIGHT BE RELEVANT DURING THAT TIME BEFORE THE CRIME SCENE WAS TAKEN DOWN?

A: YEAH. I THOUGHT WHAT I FELT WOULD BE RELEVANT TO TELL THE STORY, SURE.

Q: YOU SHOT THAT FROM ACROSS THE STREET; IS THAT CORRECT?

A: YES, I DID.

Q: WHAT KIND OF A CAMERA WERE YOU USING OR LENS AT THAT POINT?

A: AT THAT POINT THE CAMERA WOULD BE A SONY 70 IS WITH A 14 AND ONE LENS WITH A TWO TIMES EXTENDER.

Q: THAT REALLY CLEARS IT UP FOR ME, I TELL YOU THAT. I HAD TO ASK THAT, DIDN'T I? SO THERE WAS A CAMERA, A LENS THAT WOULD ALLOW YOU, I PRESUME, TO --

A: YES, IT WOULD.

Q: -- ZOOM IN; IS THAT CORRECT?

A: YES, IT WOULD.

Q: SO YOU CAN GET THOSE CLOSE-UP SHOTS WE SAW?

A: YES.

Q: THE LAST TIME YOU SAW THAT FILM WAS ON JUNE 13 IN THE POSSESSION OF INSIDE EDITION, RIGHT?

A: YEAH.

Q: IF WE WANTED THAT FILM OF WHAT TOOK PLACE BEFORE THE CRIME SCENE WAS TAKEN DOWN, WE WOULD HAVE TO GO TO INSIDE EDITION?

A: IF YOU WANT ANYTHING ELSE BESIDES WHAT YOU ARE TODAY TALKING ABOUT, YES, YOU WOULD HAVE TO GO TO INSIDE EDITION.

Q: HOW DID YOU GET THIS?

A: I DIDN'T GET THIS.

Q: FROM INSIDE EDITION?

A: THE NEXT TIME I SAW IT IT WAS IN MARCIA CLARK'S OFFICE.

Q: ALL RIGHT. SO YOU HAD NOTHING TO DO WITH GETTING IT? YOU WERE JUST THE MAN WHO SHOT IT; IS THAT CORRECT?

A: YES.

Q: ALL RIGHT. I UNDERSTAND. AND SO THERE MAY BE AT LEAST AN HOUR OF FILM THAT PRECEDED THE TAKING DOWN OF THAT YELLOW TAPE SOMEWHERE AT INSIDE EDITION, RIGHT?

A: I WOULDN'T SAY AN HOUR BECAUSE THAT MEANS I WOULD HAVE RUN CONTINUOUS.

Q: ALL RIGHT. HOW MUCH?

A: BUT THERE IS MORE FILM, YES.

Q: OKAY. ALL RIGHT. AND THEN AT SOME POINT AFTER PERHAPS 3:30, AS YOU SAW THE CRIME SCENE BEING TAKEN DOWN, YOU THEN CAME ACROSS THE STREET AT THAT POINT AND GOT A CLOSER VANTAGE POINT; IS THAT CORRECT?

A: THAT'S CORRECT.

Q: ALL RIGHT. DO YOU RECALL WHETHER OR NOT WHEN YOU WERE SHOOTING DURING THE PERIOD AFTER 2:00 TO THE TIME THE CRIME SCENE WAS TAKEN DOWN HOW MANY DIFFERENT OFFICERS YOU SHOT OR TOOK PICTURES OF DURING THAT PERIOD OF TIME?

A: NO.

Q: DO YOU REMEMBER WHETHER OR NOT ANY OF THE OFFICERS THAT YOU TOOK PICTURES OF DURING THAT TIME FRAME WERE IN PLAIN CLOTHES?

A: NO, I DO NOT.

Q: YOU USED THE WORD "WE" AT SOME POINT. WERE YOU BEING ASSISTED BY SOME OTHER PERSON WHEN YOU WERE OUT THERE THAT MORNING?

A: SURE. I ALWAYS TAKE AN AUDIO MAN WITH ME.

Q: OKAY. WHO WAS YOUR AUDIO PERSON THAT DAY?

A: THAT WOULD BE JEFF WATTS.

Q: IS HE ALSO FREELANCE?

A: HE IS ALSO FREELANCE.

Q: ALL RIGHT. SO YOU ARE BOTH, YOU AND MR. WATTS, ARE THEN BOTH HIRED BY INSIDE EDITION FOR THE DAY?

A: WE WERE BOTH HIRED BY GOLD COAST WHICH PLACES US WITH INSIDE EDITION.

Q: OKAY. NOW, WHAT ARE OUTTAKES?

A: WHAT ARE OUTTAKES?

Q: YES, WHAT ARE OUTTAKES?

A: OUTTAKES ARE BASICALLY WHAT YOU USE THAT WOULDN'T BE IN ORDER, BUT YOU WOULD USE TO TELL A STORY. THEY DON'T NECESSARILY HAVE TO COME FROM THE ORIGINAL FOOTAGE IN WHICH YOU ARE SHOOTING. THEY CAN COME FROM ANYWHERE, COME FROM A MOVIE. YOU KNOW, YOU ARE TELLING A STORY, THERE IS AN INTERVIEW, YOU CAN BRING A PIECE OF A MOVIE IN, A PIECE OF ANYTHING, AND USE IT, IN OTHER WORDS, FOR OUTTAKES, IS BASICALLY B ROLL.

Q: ALL RIGHT. YOU CAN JUST WORK IT INTO THE STORY?

A: WORK IT INTO THE STORY.

Q: IS THAT CORRECT?

A: RIGHT.

Q: ALL RIGHT. AND WITH REGARD TO THIS INSIDE EDITION SHOW, ALTOGETHER HOW MUCH WOULD YOU SAY THAT YOU SHOT BEFORE THE TAPE CAME DOWN AND AFTER THE TAPE CAME DOWN, IF YOU RECALL?

A: WELL, I WOULD PROBABLY -- BEFORE THE TAPE CAME DOWN I PROBABLY ROLLED ABOUT AROUND THIRTY MINUTES. I WOULD SAY TWENTY TO THIRTY MINUTES. TAPES USUALLY RUN ABOUT 20 -- EITHER A 20-MINUTE LOAD OR A 30-MINUTE LOAD.

Q: DO YOU REMEMBER WHAT YOU WERE USING THAT DAY, A 20 OR 30-MINUTE LOAD?

A: INSIDE GENERALLY USES -- AT THAT TIME THEY WERE GENERALLY USING 30-MINUTE LOADS.

Q: DO YOU RECALL WHETHER OR NOT YOU USED MORE THAN ONE TAPE PRIOR TO THE YELLOW TAPE BEING TAKEN DOWN?

A: NO, DEFINITELY NOT.

Q: SO IT WOULD ALL BE ON ONE TAPE?

A: BEFORE, YES, IT SHOULD BE ON ONE TAPE.

Q: AND THEN AFTERWARD DID YOU USE ANOTHER TAPE?

A: YES.

Q: AFTER THE TAPE CAME DOWN?

A: YES.

Q: ALTOGETHER THAT DAY WHILE YOU WERE AT THE SCENE HOW MANY TAPES DID YOU USE ALTOGETHER?

A: WHILE I WAS JUST AT THE BUNDY SCENE?

Q: AT THE BUNDY SCENE, YES?

A: UMM, I WOULD SAY IT BASICALLY -- IT SHOULD HAVE ALL FIT ON TWO TAPES.

Q: PERHAPS TWO TAPES?

A: YES.

Q: IS THAT YOUR BEST RECOLLECTION NOW?

A: THAT IS MY BEST RECOLLECTION AT THIS POINT.

Q: AND WE ARE TALKING ABOUT THE BUNDY -- THE TWO TAPES AT BUNDY?

A: WE ARE TALKING ABOUT BUNDY.

Q: OKAY. THE PART THAT WE SAW HERE WITH THE TAPE TAKEN DOWN AND THE LITTLE BOY SKATING BY ON THE ROLLER BLADES --

A: RIGHT.

Q: -- WOULD THAT BE ON TAPE 2?

A: THAT I WOULDN'T HAVE A RECOLLECTION OF.

Q: YOU DON'T KNOW?

A: IT WOULD EITHER BE ON 1 OR 2.

Q: ONE OR TWO OF THEM?

A: YEAH. IT WASN'T LIKE A DEFINITIVE STOP AND START AT THAT POINT.

Q: OKAY. THIS WHITE -- WAS IT A BLANKET OR A SHEET, IF YOU WERE ABLE TO TELL, WHEN YOU GOT OVER CLOSER TO IT? WHAT WAS THAT THAT HAD BEEN OVER ONE OF THE BODIES?

A: UMM, AS FAR AS I COULD TELL IT WAS BASICALLY WHAT WAS COVERING SOME AREAS OF THE CRIME SCENE.

Q: RIGHT. I GUESS WHAT I'M ASKING, DID IT APPEAR TO YOU TO BE A BLANKET OR A SHEET?

A: IT APPEARED TO BE LIKE A BLANKET.

Q: IT WAS WHITE IN COLOR; IS THAT RIGHT?

A: IT WAS QUITE, YES, WITH A TEXTURE TO IT.

Q: SOME TEXTURE. DID YOU SEE WHAT HAPPENED TO THAT AFTER -- WHILE YOU WERE THERE, THAT WHITE BLANKET?

A: NO, I DON'T REMEMBER SEEING WHAT HAPPENED TO THAT.

Q: DO YOU RECALL WHETHER OR NOT YOU SHOT SOME INDIVIDUAL OR OFFICER MOVING THAT WHITE BLANKET TO SOME OTHER PLACE DURING THE COURSE OF YOUR TWO ROLLS THAT YOU SHOT?

A: YES. THERE WAS -- THERE WAS SOME MOVEMENT AND THE BLANKET WAS MOVED.

Q: ALL RIGHT. AND AS YOU THINK BACK IN YOUR MIND NOW DO YOU REMEMBER WHERE IT WAS MOVED TO?

A: UMM, BASICALLY THE ONLY THING I CAN REMEMBER WAS IT BEING MOVED IN THAT GENERAL AREA IN WHICH IT IS PLACED ON THE TAPE NOW.

Q: ALL RIGHT. DO YOU EVER RECALL A TIME WHILE YOU WERE STILL THERE THAT IT WAS MOVED OUT OF YOUR SIGHT, THAT WHITE BLANKET?

A: NO, I CAN'T SAY THAT I DO.

Q: ALL RIGHT. THE LAST TIME YOU REMEMBER SEEING IT IT WAS STILL THERE; IS THAT CORRECT?

A: THE LAST TIME I REMEMBER SEEING IT, YES, IT WAS THERE.

Q: ALL RIGHT. NOW, IN ADDITION TO YOURSELF, WERE THERE OTHER CAMERAMEN OUT THERE SHOOTING ALSO AT ABOUT THE TIME THAT YOU ARRIVED, SHORTLY AFTER TWO O'CLOCK?

A: THERE WERE SOME OTHER CAMERAMEN OUT THERE; HOWEVER, WHEN THE TAPE CAME DOWN I WAS THE FIRST ONE -- PRETTY MUCH THE ONE TO START ACROSS THE STREET AND START SHOOTING.

Q: WELL, LIKE A SCOOP THING, RIGHT?

A: WELL, IT IS BASICALLY WHAT I'M BEING PAID FOR IS TO COVER THE STORY, BUT NOT GET IN THE WAY.

Q: ALL RIGHT. SO YOU WERE THE FIRST ONE TO GET ACROSS THE STREET. BEFORE THAT, HOWEVER, THERE WERE OTHER CAMERA PERSONS THERE; IS THAT RIGHT?

A: YES, I DID SEE SOME OTHER CAMERA PERSONS THERE.

Q: DID YOU KNOW SOME OF THESE PEOPLE?

A: ACTUALLY, NO, I CAN'T RECALL.

Q: DO YOU RECALL ANY OTHER PROGRAMS OR SUCH AS YOU TALKED ABOUT INSIDE EDITION AND GOLD COAST, I GUESS IT WAS, THE OTHER PROGRAMS WHO WERE OUT THERE COMPETING FOR STORIES AT THAT POINT?

A: THE ONLY THING I REMEMBER IS WITH REGARDS TO THE MEDIA, IS SATELLITE TRUCKS THAT WOULD ROLL BY, CHANNEL 7, 2, KCAL, THEY WOULD ROLL BY.

Q: LOCAL NEWS MEDIA?

A: CONTINUE TO LOOK AT THE SCENE.

Q: LOCAL NEWS MEDIA?

A: LOCAL NEW MEDIA.

Q: DID YOU SEE THEM ON OCCASION STOP AND SHOOT FOOTAGE ALSO, THE LOCAL NEWS MEDIA?

A: I DID SEE ONE PERSON AND I'M TRYING TO REMEMBER NOW, I BELIEVE IT WAS 7, THAT WAS THERE.

Q: YES.

A: FOR A LITTLE WHILE AND THEN I BELIEVE THEY LEFT, AND AS A MATTER OF FACT, I KNOW THEY LEFT AND PROCEEDED TO ROCKINGHAM.

Q: ALL RIGHT. WHEN YOU SAW 7, CHANNEL 7, THAT IS ABC I PRESUME?

A: YES, THAT IS ABC.

Q: DO YOU RECALL THE INDIVIDUAL WHO WAS DOING THE SHOOTING?

A: NO, I DO NOT.

Q: ALL RIGHT. WAS THIS AT A TIME PRIOR TO THE TAPE COMING DOWN?

A: UMM, YES, THERE WAS. THEY WERE.

Q: OKAY. WHEN YOU ARRIVED THERE AFTER TWO O'CLOCK THERE WERE OTHER NEWS ORGANIZATIONS WHO WERE ALREADY THERE WHEN YOU GOT THERE, IS THAT A FAIR STATEMENT?

A: YES, THERE WERE OTHER MEDIA THERE.

Q: ALL RIGHT. ALL RIGHT. YOU JUST CAN'T RECALL WHO THEY WERE AT THIS POINT OR CAN YOU?

A: NOT AT THIS POINT. I MEAN -- THAT WAS -- THAT ENDED UP BEING FROM A DAY THAT JUST SEEMED LIKE IT WAS JUST GOING TO BE SOME NORMAL -- NORMAL EVERYDAY QUICK SHOOT QUICK PICK-UP TO A MEDIA FEST BASICALLY.

Q: ALL RIGHT. AND BY THAT YOU MEAN A MEDIA FEST, YOU MEAN THERE WERE A LOT OF MEDIA?

A: I MEAN A LOT OF MEDIA TURNED OUT LATER ON IN THE DAY AND WE WERE AT DIFFERENT PLACES AND STUFF.

Q: FROM WHAT YOU INDICATED TO US, AT SOME POINT -- YOU LEFT BUNDY AT SOME POINT?

A: YES.

Q: AND ABOUT WHAT TIME WAS THAT, SIR?

A: LEAVING BUNDY, I WOULD SAY IT HAD TO BE IN THE NEIGHBORHOOD OF AROUND 5:00.

Q: 5:00, SO YOU STAYED AT BUNDY SOMETHING MAYBE JUST A LITTLE BIT SHORT OF THREE HOURS; IS THAT CORRECT?

A: THAT WOULD BE CORRECT.

Q: AND --

A: TWO TO THREE HOURS.

Q: TWO TO THREE HOURS?

A: YES.

Q: AND DID YOU COULDN'T TO SHOOT UNTIL THE TIME YOU LEFT?

A: YEAH, PRETTY MUCH, PRETTY MUCH.

Q: AND OVER THAT TIME NOW OF THE -- IF YOU STAYED TWO HOURS PLUS, COULD YOU HAVE SHOT MORE THAN TWO ROLLS IF YOU ARE USING 30-MINUTE ROLLS?

A: ACTUALLY PROBABLY NOT. WHILE I AM DOCUMENTING THINGS THAT ARE GOING ON, I'M ALSO BEING SELECTIVE ON WHICH SHOTS I'M TAKING. IT TAKES TIME SOMETIMES TO SEE AND TO ACTUALLY BE CREATIVE IN YOUR PROCESS OF HOW TO TELL THE STORY OR HOW TO MAKE SURE IT IS READY FOR THE EDITORS TO TELL THE STORY AND THE DIRECTOR OR THE PRODUCER TO TELL A STORY WHEN THEY GET BACK.

Q: WAS THERE A DIRECTOR OR A PRODUCER AT THE SCENE THAT DAY AT ALL?

A: SURE THERE WAS A PRODUCER THERE.

Q: WHO WAS THE PRODUCER?

A: UMM, IT SHOULD BE MALCOLM, MALCOLM -- I DON'T REMEMBER MALCOLM'S LAST NAME. SORRY, MALCOLM.

Q: MALCOLM?

A: SORRY.

Q: OKAY. WELL, PROBABLY CALL IN AND TELL US. MALCOLM?

A: I WASN'T THINKING ABOUT THAT.

Q: OKAY. BUT IT IS MALCOLM AND HE'S A MALE?

A: YES, HE IS.

Q: OKAY. WAS HE WITH YOU THE ENTIRE TIME?

A: YES. HE PRETTY MUCH DOGGED MY EVERY STEP.

Q: ALL RIGHT. NOW I'M SURE HE WILL CALL IN. WAS MALCOLM DIRECTING YOU WHAT TO SHOOT ALSO?

A: NO. I MEAN HE WILL HAVE SUGGESTIONS AT A TIME AND SAY, YOU KNOW, LET'S MAKE SURE WE GET THIS, LET'S MAKE SURE WE GET THAT, BUT A LOT OF IT IS ALSO MY -- WE HAVE WORKED TOGETHER, THEY KNOW I'M GOING TO DELIVER, YOU KNOW, WHAT THEY NEED TO TELL THE STORY, SO IF THEY SEE SOMETHING SPECIAL, THEY USUALLY SUGGEST IT.

Q: ALL RIGHT. SO THAT WE CAN MAKE SURE THIS IS CLEAR, THERE WERE AT LEAST THREE OF YOU IN YOUR GROUP, THE AUDIO MAN, JEFF WATTS?

A: YES.

Q: MALCOLM, THE PRODUCER, AND YOU AS THE VIDEOGRAPHER?

A: YES, SIR.

Q: THERE IS NO LOG THAT YOU HAVE THAT WOULD TELL THE EXACT TIME YOU GOT THERE?

A: THERE IS A LOG WHEN WE CHECKED INTO GOLD COAST COMMUNICATIONS. THEY WANTED US THERE BY 1:20. WE CHECKED IN AT 1:30, THEN WE PROCEEDED OVER TO INSIDE WHICH IS ABOUT FIFTEEN TO TWENTY MINUTES AWAY.

Q: PROCEEDED OVER TO WHERE?

A: TO INSIDE EDITION.

Q: WHERE IS THAT LOCATED?

A: INSIDE EDITION IS LOCATED ON WILSHIRE BOULEVARD IN THE -- I DON'T KNOW THE EXACT ADDRESS.

Q: OKAY. BUT HOW FAR IS THAT FROM THE BUNDY LOCATION?

A: UMM, FROM THE BUNDY LOCATION IT IS IN THE NEIGHBORHOOD OF ABOUT 20 -- ABOUT 25 MINUTES, 20, 25 MINUTES.

Q: YOU WERE AT INSIDE EDITION A SHORT PERIOD OF TIME, I PRESUME?

A: RIGHT. WE BASICALLY WENT THERE TO PICK UP MALCOLM.

Q: ULTIMATELY WHEN YOU DID LEAVE AT 5:00, DID YOU GO OVER TO THE ROCKINGHAM LOCATION?

A: YES, WE DID.

Q: DID YOU SHOOT FOOTAGE THERE ALSO?

A: YES, WE DID.

Q: WHO HAS THAT FOOTAGE?

A: INSIDE EDITION.

Q: YOU USED SOME DIFFERENT TAPES FOR THAT, I PRESUME?

A: YES.

Q: OKAY. WHEN DID YOU TALK -- WHEN WERE YOU IN MISS CLARK'S OFFICE? WHEN DID YOU HAVE THIS CONVERSATION WITH HER?

A: THIS CONVERSATION WOULD HAVE TAKEN PLACE ABOUT THREE WEEKS AGO FROM THIS FRIDAY, I BELIEVE.

Q: IN THIS BUILDING?

A: YES, IN THIS BUILDING. YOUR OFFICE IS IN THIS BUILDING, RIGHT?

MS. CLARK: (NODS HEAD UP AND DOWN.)

THE WITNESS: YES, IN THIS BUILDING.

Q: BY MR. COCHRAN: YOU CAN'T ASK HER. YOUR BEST RECOLLECTION?

A: IN THIS BUILDING. SORRY.

MR. COCHRAN: NO PROBLEM. THANK YOU VERY KINDLY. I HAVE NOTHING FURTHER.

THE COURT: MISS CLARK, ANYTHING MORE FROM MR. SMITH?

MS. CLARK: JUST VERY BRIEFLY, YOUR HONOR.

THE WITNESS: OKAY.

REDIRECT EXAMINATION

BY MS. CLARK:

Q: MR. SMITH, FROM THE TIME YOU GOT THERE AND YOU BEGAN TO SHOOT FOOTAGE AT BUNDY, WERE YOU ONLY FILMING THE CRIME SCENE?

A: BASICALLY THE CRIME SCENE AND THERE MAY BE A SHOT OR TWO OR ANYTHING ABOUT THE NEIGHBORHOOD BECAUSE YOU WANT TO SHOW WHERE IT IS. EVERYTHING IS LOCATED.

Q: DID YOU SHOOT ANY FOOTAGE OF NEIGHBORS THAT YOU SPOKE TO?

A: UMM, WE WENT UP TO A COUPLE OF HOMES TO ASK PEOPLE, KNOCK ON DOORS, THAT KIND OF THING, TO SEE IF ANYBODY KNEW ANYTHING, BUT GENERALLY NOBODY WAS HOME.

Q: OKAY. DO YOU HAVE ANY FOOTAGE OF THAT, TALKING TO ANY NEIGHBORS THAT MAY HAVE BEEN THERE?

A: OKAY. AGAIN, I DON'T HAVE ANY FOOTAGE OF THAT. THAT WOULD BE INSIDE EDITION. THEY HAVE ALL RIGHTS AND EVERYTHING TO THE FOOTAGE AND I -- WE DIDN'T GET A CHANCE TO REALLY TALK TO ANY NEIGHBORS BEFORE THE CRIME SCENE -- BEFORE THE TAPE WENT DOWN.

Q: OKAY. SO WAS THE CRIME SCENE TAPE COMING DOWN BASICALLY YOUR BEGINNING FOOTAGE AT BUNDY?

A: UMM, NO. THERE IS A LITTLE FOOTAGE BEFORE THAT BECAUSE I WOULDN'T KNOW THAT THE CRIME SCENE TAPE WOULD BE COMING DOWN, SO I SHOT BASICALLY THE AREA AND WHAT WAS GOING ON.

Q: OKAY. CAN YOU REMEMBER HOW MUCH -- FOR HOW MUCH TIME YOU WERE SHOOTING BEFORE THE CRIME SCENE TAPE CAME DOWN?

A: (NO AUDIBLE RESPONSE.)

Q: APPROXIMATELY. I KNOW --

A: THAT IS KIND OF -- I REALLY CAN'T ANSWER THAT -- ANSWER THAT. I MEAN, WE WERE THERE SHOOTING, KNOCKING ON SOME DOORS, THAT KIND OF THING. MY BEST RECOLLECTION COULD BE 30 -- 30, 45 MINUTES. WE WERE ALL SURPRISED WHEN THE TAPE CAME DOWN, SO --

Q: OKAY. SO THAT 30 TO 45 MINUTES BEFORE THE TAPE CAME DOWN, THAT WAS NOT JUST THE CRIME SCENE THAT YOU WERE FILMING THEN, IS THAT --

A: RIGHT.

MS. CLARK: OKAY. THANK YOU.

THE COURT: MR. COCHRAN.

RECROSS-EXAMINATION

BY MR. COCHRAN:

Q: SO THAT WE ARE CLEAR, SO THAT WE ARE ABUNDANTLY CLEAR HERE --

A: YEAH.

Q: -- DID YOU IN FACT SHOOT THE CRIME SCENE, A PORTION OF THE CRIME SCENE BEFORE THAT TAPE CAME DOWN?

A: RIGHT, YES.

Q: BECAUSE YOU DIDN'T KNOW WHEN THE TAPE WAS COMING DOWN, DID YOU?

A: NO, I DID NOT.

MR. COCHRAN: THANK YOU.

THE WITNESS: YOU ARE WELCOME.

MR. COCHRAN: OKAY.

THE COURT: IS MALCOLM BRITISH?

THE WITNESS: I'M SORRY.

THE COURT: IS MALCOLM BRITISH?

THE WITNESS: I THINK HE IS BRITISH.

THE COURT: WE ARE TALKING ABOUT THE SAME PERSON. MR. SMITH, THANK YOU VERY MUCH FOR COMING IN. YOU ARE NOW EXCUSED.

THE WITNESS: YOU ARE WELCOME. THANK YOU.

THE COURT: NEXT WITNESS.

MR. DARDEN: THE NEXT WITNESS, YOUR HONOR, WILL BE DETECTIVE PHILIP VANNATTER.

THE COURT: ALL RIGHT.

PHILIP VANNATTER, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

THE CLERK: PLEASE RAISE YOUR RIGHT HAND. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

THE WITNESS: I DO.

THE CLERK: PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

THE WITNESS: MY NAME IS PHILIP VANNATTER, PHILIP IS SPELLED WITH ONE "L." VANNATTER, V-A-N-N-A-T-T-E-R.

THE CLERK: THANK YOU.

THE COURT: MR. DARDEN.

DIRECT EXAMINATION

BY MR. DARDEN:

Q: DETECTIVE, YOU ARE A MEMBER OF THE LAPD?

A: YES.

Q: HOW LONG HAVE YOU BEEN A POLICE OFFICER EMPLOYED BY THE LAPD, SIR?

A: 26 YEARS PLUS.

Q: AND YOU ARE DETECTIVE TOM LANGE'S PARTNER; IS THAT RIGHT?

A: YES.

Q: AND YOU WERE HIS PARTNER ON THE MORNING OF JUNE 13?

A: THAT'S CORRECT.

Q: OKAY. NOW, I WOULD RATHER NOT DISCUSS ALL OF YOUR ASSIGNMENTS DURING THE PAST 26 PLUS YEARS, DETECTIVE, BUT WHAT YEAR DID YOU JOIN THE DEPARTMENT?

A: IN JANUARY OF 1969.

Q: WERE YOU ASSIGNED TO PATROL AFTER THAT?

A: YES.

Q: WHAT YEAR DID YOU FIRST BECOME A DETECTIVE?

A: THE LATTER PART -- LAST PART OF 1971.

Q: OKAY. NOW, AT SOME POINT WERE YOU TRANSFERRED TO WEST L.A. DIVISION?

A: YES.

Q: THE SAME DIVISION WE HAVE BEEN HEARING ABOUT DURING THIS TRIAL?

A: THAT'S CORRECT.

Q: OKAY. AND DURING WHAT TIME PERIOD WERE YOU ASSIGNED TO WEST L.A. DIVISION?

A: I WENT TO WEST L.A. THE LATTER PART OF 1975 AND LEFT THERE THE FIRST COUPLE OF MONTHS OF 1979.

Q: OKAY. AND WERE YOU A DETECTIVE THROUGHOUT YOUR ASSIGNMENT TO WEST L.A.?

A: YES.

Q: YOU NEVER WORKED PATROL?

A: NO.

Q: YOU NEVER HAD ANY OR PERFORMED ANY PATROL FUNCTIONS?

A: NO.

Q: AND WHAT IS YOUR CURRENT ASSIGNMENT, SIR?

A: I'M A POLICE DETECTIVE, LOS ANGELES POLICE DEPARTMENT, ASSIGNED TO ROBBERY/HOMICIDE DIVISION, HOMICIDE SPECIAL SECTION.

Q: OKAY. NOW, YOU HAVE WATCHED SOME PORTIONS OF THIS TRIAL, HAVE YOU?

A: YES, I HAVE.

Q: YOU WATCHED DETECTIVE LANGE TESTIFY TO SOME EXTENT?

A: SOME OF HIS TESTIMONY, YES.

Q: NOT ALL OF HIS TESTIMONY?

A: NO.

Q: OKAY. YOU HAVE BEEN MONITORING THE TRIAL, HAVE YOU?

A: YES, I HAVE.

Q: YOU ARE A CO-LEAD INVESTIGATOR IN THIS CASE; IS THAT RIGHT?

A: THAT'S CORRECT.

Q: OKAY. WHAT TIME DID YOU FIRST RECEIVE THE CALL REQUESTING YOU TO RESPOND TO 875 SOUTH BUNDY?

A: THREE O'CLOCK THE MORNING OF JUNE THE 13TH, 1994.

Q: OKAY. WHO CALLED YOU?

A: LIEUTENANT JOHN ROGERS.

Q: OKAY. NOW, WHEN LIEUTENANT ROGERS TELEPHONED YOU DID HE ADVISE YOU OF THE CIRCUMSTANCES AT BUNDY AS HE UNDERSTOOD THEM TO BE?

A: YES.

Q: WHAT DID HE SAY?

A: LIEUTENANT ROGERS TOLD ME THAT WE WERE ASSUMING THE RESPONSIBILITY OF A DOUBLE HOMICIDE AT 875 SOUTH BUNDY AND THAT ONE OF THE VICTIMS WAS BELIEVED TO BE NICOLE BROWN SIMPSON.

Q: OKAY. AND HE TOLD YOU THAT NICOLE BROWN SIMPSON WAS O.J. SIMPSON'S EX-WIFE, DID HE?

A: YES.

Q: OKAY. AND I TAKE IT THAT YOU CONSIDERED THIS A SERIOUS SITUATION, THAT IS, A FACT THAT THERE WERE TWO DEAD PEOPLE ON BUNDY?

A: WELL, I CONSIDER ANY HOMICIDE CALL THAT I GO ON A SERIOUS SITUATION, YES.

Q: OKAY. WELL, THE FACT THAT IT INVOLVED NICOLE BROWN SIMPSON, DID THAT MAKE THE SITUATION SEEM ANY MORE URGENT OR IMPORTANT IN YOUR MIND?

A: THE ONLY THING THAT THAT TRIGGERED IN MY MIND THAT -- KNOWING THAT THERE WAS A CONNECTION TO MR. SIMPSON, THAT THERE WOULD PROBABLY BE A LOT OF MEDIA, YES.

Q: OKAY. WELL, AT THAT POINT, THAT IS, WHEN YOU HEARD THAT MISS SIMPSON MIGHT BE A VICTIM, DID YOU THINK IN YOUR MIND THAT PERHAPS YOU SHOULD INVESTIGATE THE CASE DIFFERENTLY THAN YOU WOULD ANY OTHER MURDER CASE?

A: NO, SIR. EVERY HOMICIDE CASE IS IMPORTANT.

Q: SO WHAT TIME DID YOU ARRIVE AT 875 SOUTH BUNDY, SIR?

A: 4:05 IN THE MORNING.

Q: OKAY. AND WHEN YOU ARRIVED, WAS YOUR PARTNER, DETECTIVE LANGE, THERE?

A: NO, HE WASN'T.

Q: AND WHEN YOU ARRIVED, WHERE DID YOU PARK YOUR VEHICLE?

A: I PARKED MY VEHICLE HEADED NORTH ON BUNDY ON THE EAST SIDE OF THE STREET SOUTH OF DOROTHY.

Q: AND WERE YOU GREETED BY ANY OTHER DETECTIVES?

A: WELL, I APPROACHED TWO DETECTIVES THAT WERE STANDING INSIDE THE INTERSECTION OF DOROTHY AND BUNDY.

Q: AND THESE TWO DETECTIVE, WERE YOU ACQUAINTED WITH THEM PREVIOUSLY?

A: NO, I DIDN'T KNOW THEM.

Q: YOU NEVER MET THEM BEFORE?

A: NO.

Q: OKAY. AND YOU INTRODUCED YOURSELF TO THESE TWO DETECTIVES?

A: THAT'S CORRECT.

Q: OKAY. AND WHAT NAMES DID THEY GIVE YOU AT THAT TIME?

A: I INTRODUCED MYSELF TO DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN.

Q: AND DID YOU HAVE A CONVERSATION WITH DETECTIVE PHILLIPS AND DETECTIVE FUHRMAN AT THAT TIME?

A: MAINLY WITH DETECTIVE PHILLIPS. HE INTRODUCED HIMSELF AS THE HOMICIDE COORDINATOR OF WEST L.A.

Q: OKAY. SO HE WAS THE SUPERVISING DETECTIVE AT THAT POINT; IS THAT CORRECT?

A: THAT WAS MY UNDERSTANDING, YES.

Q: WAS FUHRMAN'S SENIOR?

A: YES.

Q: AND DID DETECTIVE PHILLIPS BRIEF YOU ON THE SITUATION AT THAT TIME?

A: YES, HE DID.

Q: WHAT DID HE TELL YOU?

A: HE TOLD ME THAT THERE WAS A DOUBLE HOMICIDE AT THE LOCATION, THAT ONE OF THE VICTIMS HAD BEEN IDENTIFIED AS NICOLE BROWN SIMPSON, THAT TWO MINOR CHILDREN HAD BEEN REMOVED FROM THE RESIDENCE AND HAD BEEN TAKEN TO WEST L.A. DIVISION FOR SAFEKEEPING, AND THAT HE HAD PREVIOUSLY SPOKEN WITH COMMANDER BUSHEY ABOUT A PERSONAL NOTIFICATION. AT THAT TIME I WASN'T REALLY TOO CONCERNED ABOUT THAT.

Q: OKAY. AND AFTER YOU HAD THIS CONVERSATION WITH DETECTIVE PHILLIPS, DID HE TAKE YOU SOMEWHERE?

A: YES, HE DID.

Q: WHERE DID HE TAKE YOU?

A: WELL, I ASKED HIM TO GIVE ME A BRIEF WALK-THROUGH SO I COULD ACCLIMATE MYSELF TO THE CRIME SCENE AFTER I INFORMED HIM THAT WE WERE ASSUMING THE INVESTIGATION.

Q: OKAY. NOW, THIS REQUEST OF YOURS, THAT IS FOR A BRIEF WALK-THROUGH --

A: YES.

Q: -- OF THE CRIME SCENE --

A: YES.

Q: -- IS THAT ROUTINE?

A: ABSOLUTELY.

Q: NOTHING EXTRAORDINARY OR UNUSUAL ABOUT YOUR MAKING THAT KIND OF REQUEST?

A: NOTHING AT ALL, NO, NOT SINCE I'M TAKING OVER THE INVESTIGATION OF THE CRIME.

Q: OKAY. NOW, WERE YOU AWARE THAT DETECTIVE PHILLIPS HAD BEEN TOLD EARLIER THAT MORNING THAT THE RHD DIVISION WAS GOING TO ASSUME RESPONSIBILITY FOR THE CRIME SCENE INVESTIGATION?

A: I'M NOT SURE I UNDERSTAND THAT. WAS I AWARE THAT HE HAD BEEN TOLD?

Q: YEAH.

A: I WOULD ASSUME THAT BECAUSE I HAD BEEN TOLD THAT WE WERE TAKING THE INVESTIGATION BY MY SUPERVISOR, SO I WOULD ASSUME THAT THAT HAD BEEN RELAYED TO HIM, YES.

Q: OKAY. AND THE FACT THAT RHD WOULD ASSUME RESPONSIBILITY FOR AN INVESTIGATION, THERE IS NOTHING UNUSUAL ABOUT THAT, IS THERE?

A: NOTHING AT ALL, NO.

Q: OKAY. NOW, IF YOU KNOW, DETECTIVE VANNATTER, WHAT IS THE RESPONSIBILITY, THE INVESTIGATIVE RESPONSIBILITY OF THE LOCAL DETECTIVE UNIT IN A SITUATION LIKE THIS, THAT IS, WHEN THE RHD DIVISION COMES IN AND ASSUMES RESPONSIBILITY FOR THE INVESTIGATION?

A: WELL, THEY -- THEY HAVE THE RESPONSIBILITY, AT THE TIME THAT THEY ARE INFORMED THAT WE ARE TAKING OVER, TO MAINTAIN THE SECURITY OF THE SCENE; HOWEVER, UPON OUR ARRIVAL IT IS NOT UNUSUAL FOR US TO ASK THEM TO ASSIST US IN THE INVESTIGATION TO A POINT THAT WE CAN'T HANDLE IT OURSELVES.

Q: WELL, ONCE LOCAL DETECTIVES LEARN THAT RHD HAS TAKEN OVER, SHOULD THEY CONTINUE TO INVESTIGATE THE CRIME SCENE?

A: NO, THEY SHOULDN'T. THEY SHOULD ONLY MAINTAIN THE SECURITY AND INTEGRITY OF THE CRIME SCENE.

Q: NOW, IT TOOK YOU APPROXIMATELY, WHAT, ONE HOUR AND FIVE MINUTES TO ARRIVE AT THE SCENE THAT IS AFTER YOU RECEIVED THE INITIAL PHONE CALL?

A: THAT'S CORRECT.

Q: OKAY. AND SO DURING THAT ONE-HOUR-AND-FIVE-MINUTE PERIOD THESE LOCALS SHOULD JUST STAND BY?

A: THEY SHOULD MAINTAIN THE INTEGRITY OF THE CRIME SCENE, THAT'S CORRECT.

Q: HOW MANY HOMICIDE INVESTIGATIONS HAVE YOU BEEN INVOLVED WITH DURING YOUR STAY AT RHD?

A: QUITE A FEW. AT RHD I WOULD GUESS MY OVER ALL CAREER I CAN PROBABLY GIVE YOU A FIGURE. PROBABLY OVER 200 I HAVE BEEN PERSONALLY INVOLVED IN. I'VE PROBABLY BEEN AT THE SCENE OF MAYBE AS MANY AS FIVE TO 600 HOMICIDES.

Q: OKAY. AND IN EACH OF THOSE SITUATIONS WHERE RHD TOOK OVER, THE LOCAL DETECTIVES ALWAYS STOOD BY UNTIL RHD ARRIVED; IS THAT RIGHT?

A: THAT'S CORRECT. THEY MAINTAIN THE -- THE INTEGRITY AND ISOLATE WITNESSES AND THINGS LIKE THAT.

Q: NOW, YOU TOLD US A MOMENT AGO THAT DETECTIVE PHILLIPS TOOK YOU ON A WALK-THROUGH?

A: YES.

Q: OKAY. WHERE DID YOU AND DETECTIVE PHILLIPS GO FIRST, THAT IS, AFTER YOU LEFT THE INTERSECTION AT DOROTHY AND BUNDY?

A: DETECTIVE PHILLIPS -- WE WALKED NORTH ON BUNDY AND HE TOOK ME TO THE SOUTH SIDE OF THE WALKWAY THAT LEADS TO THE FRONT OF THE RESIDENCE THROUGH THE SHRUBBERY. I STOOD BACK BEHIND HIM, A COUPLE OF FEET, AND HE POINTED OUT ITEMS IN THE CRIME SCENE TO ME.

Q: NOW, AS YOU APPROACHED THE CRIME SCENE FROM THE FRONT, WERE YOU CARRYING A FLASHLIGHT?

A: YES.

Q: WHAT KIND OF FLASHLIGHT?

A: A FOUR-CELL D BATTERY FLASHLIGHT, A LONG FLASHLIGHT LIKE THAT. I DON'T KNOW THE BRAND OF IT.

Q: OKAY. HOW LONG IS THAT FLASHLIGHT? HOW MANY INCHES?

A: OH, IT IS PROBABLY I GUESS 14 INCHES MAYBE.

Q: OKAY. AND WAS DETECTIVE PHILLIPS ALSO CARRYING A FLASHLIGHT?

A: AS I RECALL, YES.

Q: OKAY. NOW, YOU HAVE TOLD US THAT YOU HAD BEEN TO MANY CRIME SCENES. WHEN YOU APPROACH A CRIME SCENE ARE YOU CAREFUL NOT TO STEP ON THINGS?

A: YES.

Q: OKAY. WHY IS THAT?

A: WELL, CAN I RELATE IT TO THIS CRIME SCENE?

Q: OKAY.

A: THIS WAS A VERY, VERY BLOODY CRIME SCENE. YOU DON'T WANT TO CONTAMINATE THE AREA. THE AREA HAS BEEN SECURED, SO YOU ARE VERY CAREFUL AND YOU PICK YOUR -- YOU PICK YOUR ROUTE VERY CAREFULLY. NOT ONLY DO YOU NOT WANT TO CONTAMINATE A CRIME SCENE, I ALSO HAVE A LOT OF HEALTH CONCERNS REGARDING BEING EXPOSED TO BLOOD, SO I TRY TO BE EXTREMELY CAREFUL TO KEEP BLOOD OFF FROM ME.

Q: AND SO YOU ARE SHINING THAT FLASHLIGHT ON THE GROUND THEN I TAKE IT?

A: EVERY PLACE, THAT'S CORRECT.

Q: ALL RIGHT. AND YOU ARE MAKING CERTAIN THAT YOU DON'T STEP ON ANY EVIDENCE?

A: YES.

Q: YOU SAW OFFICER RISKE TESTIFY?

A: YES. I SAW PART OF HIS TESTIMONY.

Q: AND SERGEANT ROSSI?

A: YES.

Q: AND DID YOU ALSO WATCH THEM DRAW FOR US THE PATH THAT THEY USED AS THEY APPROACHED A CRIME SCENE FROM THE FRONT?

A: I DID.

Q: OKAY. WAS THAT THE SAME PATH YOU TOOK?

A: I WAS TAKING THE SAME PATH.

Q: OKAY. AND WHEN YOU LEFT THE CRIME SCENE, THE BUNDY, THE INITIAL -- AFTER THE INITIAL WALK-THROUGH DID YOU GO OUT THE SAME WAY YOU CAME IN?

A: YES.

Q: OKAY. WHY DID YOU DO THAT?

A: TO MAINTAIN THE INTEGRITY OF THE CRIME SCENE.

Q: IS THERE A RULE IN HOMICIDE INVESTIGATIONS RELATIVE TO WHETHER OR NOT ALL OFFICERS APPROACHING THE CRIME SCENE TAKE THE SAME ROUTE AND EXIT THROUGH THE SAME ROUTE?

A: WELL, I THINK IT IS AN UNWRITTEN RULE THAT IS TRAINED AND TAUGHT TO OFFICERS BY OLDER OFFICERS THAT ONCE A ROUTE HAS BEEN DETERMINED INTO A CRIME SCENE, NORMALLY THAT IS DONE BY THE RESPONDING OFFICERS, ONCE THAT AREA OR THAT ROUTE HAS BEEN DETERMINED AND BEEN WALKED ON, THEN WE ATTEMPT TO USE THE SAME ROUTE TO KEEP EVERYTHING ELSE AS CLOSE TO THE WAY IT WAS FOUND AS POSSIBLE.

Q: OKAY. SO I TAKE IT THAT YOU WALKED ALL THE WAY UP TO THE GATE AREA OR MAILBOX AREA?

A: WELL, YEAH. I WAS A LITTLE EAST OF THE SOUTH CORNER OF THE GATE BACK IN THE FOLIAGE.

Q: AND DID YOU VIEW THE BODIES AT THAT POINT?

A: YES.

Q: OKAY. USING YOUR FLASHLIGHT?

A: YES.

Q: COULD YOU SEE NICOLE BROWN?

A: YES.

Q: COULD YOU SEE RON GOLDMAN FROM THAT PERSPECTIVE?

A: I COULD SEE HIM BUT NOT WELL.

Q: OKAY. DID DETECTIVE PHILLIPS POINT ANYTHING OUT TO YOU AT THAT TIME?

A: YES, HE DID.

Q: WHAT DID HE POINT OUT TO YOU?

A: HE ILLUMINATED A PLANT AREA AT THE FEET OF THE MALE VICTIM, RON GOLDMAN, AND HE ILLUMINATED A WHITE ENVELOPE THAT WAS LYING THERE ON THE GROUND, AS WELL AS WHAT APPEARED TO BE A BLUE KNIT CAP, A LEATHER GLOVE, A MAN'S LEATHER GLOVE.

Q: OKAY. AND HOW LONG DID YOU REMAIN THERE AT THAT SPECIFIC LOCATION?

A: VERY SHORT TIME.

Q: OKAY. AND YOU BACKED OUT OF THE CRIME SCENE?

A: THAT'S CORRECT.

Q: OKAY. WHERE DID YOU GO AT THAT POINT?

A: DETECTIVE PHILLIPS TOOK ME -- SHOWED ME THE FRONT AREA. THERE APPEARED TO BE CANINE PRINTS THAT HAD COME FROM THE AREA OF THE CRIME SCENE DOWN THE WALKWAY, AND HE INSTRUCTED ME ABOUT THOSE, TOLD ME TO BE CAREFUL, AND HE WALKED ME SOUTH ON THE WEST SIDEWALK OF BUNDY TOWARD DOROTHY. AS I WALKED SOUTH HE POINTED OUT SEVERAL CANINE PRINTS THAT APPEARED TO BE PRINTS IN BLOOD THAT HEADED SOUTH ON THE SIDEWALK. HE TOOK ME TO THE INTERSECTION OF DOROTHY AND WE TURNED WEST ON THE NORTH SIDEWALK OF DOROTHY AND THE CANINE PRINTS WERE FADING OUT AT THAT POINT, WERE GETTING VERY LIGHT. AND HE WALKED ME TO THE -- TO THE ALLEY, WHICH WOULD BE THE NORTH/SOUTH ALLEY WEST OF THE FRONT OF THE RESIDENCE, TO TAKE ME TO THE REAR OF THE LOCATION.

Q: OKAY. SO DID YOU APPROACH THE REAR OF 875 SOUTH BUNDY?

A: YES, I DID.

Q: IS THERE A DRIVEWAY IN THE REAR?

A: THERE IS AN APRON. I -- I -- I DON'T KNOW THAT YOU WOULD CALL IT A DRIVEWAY. IT WOULD BE MORE OF AN APRON TO A GARAGE OFF THE ALLEY.

Q: OKAY. WAS THERE A VEHICLE PARKED ON THAT APRON?

A: YES, THERE WAS.

Q: OKAY. WHAT KIND OF VEHICLE WAS THAT?

A: IT WAS A JEEP CHEROKEE, BLACK IN COLOR.

Q: YOU HAVE SEEN PHOTOGRAPHS OF THAT JEEP CHEROKEE I TAKE IT?

A: YES, I HAVE.

Q: WOULD YOU LIKE TO SEE IT AGAIN?

A: I -- IF YOU WANT ME TO, I WILL.

Q: NOW, DID YOU WALK PAST THE BLACK JEEP CHEROKEE?

A: FIRST WHEN I WAS TAKEN BACK THERE, I WAS DIRECTED TO THE -- TO THE NORTH SIDE OF THE VEHICLE, WHICH WOULD HAVE BEEN THE DRIVER'S SIDE AND IT WAS PARKED HEADED EAST ON THE APRON AND DETECTIVE PHILLIPS POINTED OUT WHAT APPEARED TO BE A BLOOD DROP ON THE PAVEMENT, AS WELL AS SOME CHANGE. AND THEN FROM THERE WE WALKED BACK AROUND THE JEEP AND ENTERED THE REAR OF THE LOCATION INTO THE RESIDENCE.

Q: OKAY. SO YOU ENTERED THE GARAGE?

A: THROUGH THE GARAGE INTO THE RESIDENCE, THAT'S CORRECT.

Q: AS YOU ENTERED THE RESIDENCE DID YOU THEN BEGIN TO CLIMB THE STAIRS?

A: YES.

Q: AND WAS THERE A SMALL BANISTER TO THE LEFT OF THE STAIRWAY?

A: YES, THERE WAS.

Q: DID YOU NOTICE ANYTHING ON THE STAIRWAY?

A: DETECTIVE PHILLIPS POINTED OUT AN ICE CREAM CUP SITTING ON THE -- AT THE BOTTOM OF THE BANISTER.

Q: OKAY. DID YOU SEIZE THAT ICE CREAM CUP AT THAT PARTICULAR MOMENT, DETECTIVE?

A: I DID NOT, NO.

Q: DID YOU EXAMINE THE ICE CREAM CUP?

A: I LOOKED AT IT. I VISUALLY LOOKED AT IT FOR A SHORT PERIOD OF TIME.

Q: WELL, DID YOU STOP AND LOOK AT IT OR DID YOU JUST LOOK AT IT AS YOU WALK PAST IT?

A: I LOOKED AT IT AS I WALKED PAST IT.

Q: OKAY. WHAT DID YOU NOTICE ABOUT THE ICE CREAM, DETECTIVE?

A: REALLY -- REALLY NOT TOO MUCH OTHER THAN IT APPEARED TO BE MELTED ICE CREAM.

Q: DID YOU CONSIDER THIS ICE CREAM TO BE A CRITICAL PIECE OF EVIDENCE IN THIS CASE, DETECTIVE?

A: AT THAT POINT?

Q: YEAH.

A: NO.

Q: HOW ABOUT AT ANY OTHER POINT?

A: NO. I'VE NEVER CONSIDERED IT TO BE A CRITICAL PIECE OF EVIDENCE.

Q: SO I TAKE IT YOU WALKED UP THE STAIRS; IS THAT CORRECT?

A: YES. I WAS -- I WAS LED UP THE STAIRS INTO THE KITCHEN AREA, THROUGH THE KITCHEN TO THE FRONT DOOR OF THE LOCATION.

Q: NOW, AS YOU APPROACHED THE FRONT DOOR, DID YOU NOTICE WHETHER IT WAS OPEN OR NOT?

A: THE DOOR WAS OPEN.

Q: OKAY. NOW, WAS IT JUST YOU AND DETECTIVE PHILLIPS AT THIS POINT?

A: YES.

Q: OKAY. DID YOU SEE ANYONE ELSE IN THE HOUSE AT THAT TIME?

A: THERE WAS NO ONE IN THE HOUSE.

Q: OKAY. AND DID YOU EXIT THE FRONT DOOR?

A: YES.

Q: OKAY. YOU WALKED OUT ONTO THE PATHWAY OR LANDING?

A: YES.

Q: NOW, PRIOR TO WALKING OUT THE FRONT DOOR, DID DETECTIVE PHILLIPS CAUTION YOU IN ANY WAY?

A: YES, HE DID.

Q: WHAT DID HE SAY TO YOU AT THAT TIME?

A: HE TOLD ME THAT HE HAD OBSERVED WHAT APPEARED TO BE BLOOD SHOEPRINTS AS WELL AS BLOOD DROPS LEADING WEST FROM THE CRIME SCENE TOWARD THE ALLEY AND TOLD ME TO BE CAREFUL NOT TO STEP ON ANY OF THOSE.

Q: OKAY. YOU STILL HAD YOUR FLASHLIGHT IN YOUR HAND?

A: YES.

Q: DID YOU WALK OUT THE DOOR?

A: YES.

Q: WHICH WAY DID YOU GO AT THAT POINT?

A: I STAYED TO THE SOUTH PORTION OF THE -- NEAR THE WALL OF THE RESIDENCE ON THE OUTSIDE. THE PORCH LIGHT WAS ON GIVING A LITTLE ILLUMINATION. AND I WALKED UP EAST TO JUST THE -- JUST BEFORE YOU START DOWN THE STAIRWAY TO WHERE THE VICTIMS WERE, USED MY FLASHLIGHT AND I OBSERVED THE SCENE.

Q: OKAY. WERE YOU -- WERE YOU BETTER ABLE TO SEE THE SCENE AT THAT POINT?

A: MUCH BETTER, YES.

Q: HOW MANY GLOVES DID YOU SEE THEN?

A: ONE.

Q: DID YOU EVER SEE TWO GLOVES AT THIS LOCATION?

A: NOT AT BUNDY, NO.

Q: OKAY. DID ANY OFFICER EVER TELL YOU THAT HE OR SHE SAW TWO GLOVES AT THAT LOCATION?

A: NO.

Q: AS YOU APPROACHED THE BODIES, AND THIS IS AFTER YOU EXITED THE FRONT DOOR, DID YOU SEE ANY BLOODY FOOTPRINTS ON THE LANDING?

A: ON THE LANDING?

Q: YES.

A: YES.

Q: ALL RIGHT.

A: ACTUALLY -- ACTUALLY I SAW THE FIRST PRINTS, THEY WERE POINTED OUT TO ME ON THE LANDING, AND THEN I OBSERVED WHAT APPEARED TO BE MOLDED PRINTS ON THE -- ON THE STEPS COMING UP, AS WELL AS BETWEEN THE TWO VICTIMS.

Q: WHAT DO YOU MEAN WHEN YOU SAY "MOLDED PRINTS"?

A: THIS WOULD BE WHERE THERE WAS BLOOD THERE AND A PERSON STEPPED IN THE BLOOD AND IT LEAVES A MOLDED IMPRESSION OF THE BOTTOM OF THE SHOE IN THE BLOOD ITSELF.

Q: OKAY. YOU SAW THIS MOLDED FOOTPRINT ON THE STEPS?

A: I SAW IT ON THE STEPS AS WELL AS BETWEEN THE TWO VICTIMS IT APPEARED TO BE MOLDED ALSO.

Q: OKAY. YOU HAVE BEEN WATCHING THE TRIAL, RIGHT?

A: YES, I HAVE.

Q: WHY APPROACH THE SCENE A SECOND TIME AT ALL?

A: ARE YOU TALKING ABOUT MY SECOND APPROACH ON THE LANDING?

Q: YEAH, YEAH.

A: I NEED TO ACCLIMATE MYSELF TO THE CRIME SCENE TO KNOW WHAT EVIDENCE I HAVE AND WHERE THE CASE IS GOING TO LEAD ME SO I CAN INSTRUCT THE PEOPLE THAT I CALL OUT TO ASSIST ME ON WHAT I WANT RECOVERED, HOW I WANT IT PROTECTED AND WHAT I WANT DONE WITH IT.

Q: OKAY. WHO IN FACT IS IN CHARGE OF THESE HOMICIDE INVESTIGATIONS? IS IT YOU, THE DETECTIVE, OR IS IT THE CRIMINALIST?

A: IT IS THE DETECTIVE.

Q: AND WHO DIRECTS THE CRIMINALIST?

A: THE DETECTIVE.

Q: OKAY. AND IF YOU CALL OUT A FINGERPRINT PERSON, WHO DIRECTS THE FINGERPRINT PERSON?

A: THE DETECTIVE.

Q: AND IF YOU CALL OUT THE CORONER, WHO TELLS THE CORNER WHEN THEY MAY REMOVE THE BODIES?

A: THE DETECTIVE.

Q: DOES THE CORONER HAVE THE RIGHT TO JUST WALK INTO YOUR CRIME SCENE AND REMOVE BODIES ANYTIME THEY WOULD LIKE?

A: ABSOLUTELY NOT.

MR. DARDEN: IS THIS A GOOD TIME TO BREAK, YOUR HONOR?

THE COURT: IT APPEARS SO.

THE COURT: LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THE MORNING SESSION. PLEASE REMEMBER MY ADMONITIONS TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU, DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU REGARDING THE CASE. WE WILL STAND IN RECESS UNTIL 1:30. DETECTIVE VANNATTER, YOU ARE EXCUSED UNTIL 1:30, SIR.

THE WITNESS: THANK YOU, YOUR HONOR.

(AT 12:00 P.M. THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

LOS ANGELES, CALIFORNIA; THURSDAY, MARCH 16, 1995 1:30 P.M.

DEPARTMENT NO. 103 HON. LANCE A. ITO, JUDGE

APPEARANCES: (APPEARANCES AS HERETOFORE NOTED.)

(JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

(CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

THE COURT: GOOD AFTERNOON, COUNSEL. BACK ON THE RECORD IN THE SIMPSON MATTER. ALL PARTIES ARE AGAIN PRESENT. THERE'S MISS LEWIS. ARE WE READY TO PROCEED? ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE.

MR. BAILEY: YOUR HONOR, WHILE THE JURORS ARE COMING IN --

THE COURT: I AM SORRY. MR. BAILEY?

MR. BAILEY: YES. AN EXHIBIT THAT WAS VIEWED YESTERDAY BY DETECTIVE FUHRMAN THROUGH THE ELMO HAS GOT A SPOT OF WATER ON IT, BLURRED IT. MISS CLARK HAS AGREED THAT I MAY REPRINT THE FRONT PAGE AND SUBSTITUTE IT. IT'S DEFENSE 102, AND I SIMPLY DIDN'T WANT TO DO THAT WITHOUT THE COURT'S PERMISSION.

THE COURT: CERTAINLY. YOU HAVE THE COURT'S PERMISSION. THANK YOU, MR. BAILEY.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

THE COURT: THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. ALL RIGHT. LET THE RECORD REFLECT THAT WE'VE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD AFTERNOON, LADIES AND GENTLEMEN.

THE JURY: GOOD AFTERNOON.

THE COURT: ANOTHER GREAT TIE AND SUSPENDER COMBINATION THERE. ALL RIGHT. DETECTIVE VANNATTER, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

PHILIP VANNATTER, THE WITNESS ON THE STAND AT THE TIME OF THE LUNCH ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

THE COURT: GOOD AFTERNOON, DETECTIVE VANNATTER.

THE WITNESS: GOOD AFTERNOON, YOUR HONOR.

THE COURT: YOU ARE REMINDED YOU ARE STILL UNDER OATH, SIR. MR. DARDEN, YOU MAY CONTINUE.

MR. DARDEN: THANK YOU, YOUR HONOR. GOOD AFTERNOON.

THE JURY: GOOD AFTERNOON.

DIRECT EXAMINATION (RESUMED)

BY MR. DARDEN:

Q: DETECTIVE VANNATTER, WHEN YOU LEFT OFF, YOU HAD JUST TOLD US THAT THE CORONER HAD NO AUTHORITY TO ENTER YOUR CRIME SCENE UNTIL SUCH TIME THAT YOU GAVE THEM YOUR CONSENT OR PERMISSION; IS THAT CORRECT?

A: THAT'S CORRECT, YES.

Q: BUT YOU DO HAVE A DUTY TO NOTIFY THE CORONER; IS THAT RIGHT?

A: YES.

Q: OKAY. AND WE HAVE SEEN ON THE ELMO A SECTION FROM THE HEALTH AND SAFETY CODE AND LAPD SPECIAL LAWYER NO. 21?

A: YES.

Q: OKAY. YOU'RE FAMILIAR WITH THOSE?

A: YES.

Q: AND THEY INDICATE THAT YOU SHOULD NOTIFY THE CORONER IMMEDIATELY; IS THAT RIGHT?

A: THAT'S WHAT THEY INDICATE, YES.

Q: OKAY. WELL, YOU'VE BEEN A DETECTIVE 20 YEARS, RIGHT?

A: ACTUALLY OVER 20 YEARS.

Q: OKAY. AND IN THE REAL WORLD, FROM A PRACTICAL POINT OF VIEW, WHAT DOES "IMMEDIATE" MEAN IN THE CONTEXT OF YOU AS A DETECTIVE CONDUCTING A HOMICIDE INVESTIGATION?

MR. SHAPIRO: OBJECTION. VAGUE, YOUR HONOR.

THE COURT: OVERRULED.

THE WITNESS: "IMMEDIATE" TO ME MEANS WHEN -- WHEN IT'S PRACTICAL FOR THEM TO RESPOND TO THE SCENE TO REMOVE THE BODIES. THERE'S NO NEED FOR THEM TO BE THERE BEFORE THEN, AND THAT WOULD BE AFTER I OR MY PARTNER HAD FINISHED THE SCENE.

Q: BY MR. DARDEN: OKAY. BUT YOU DO MAKE A FIRST CALL OR FIRST CALL NOTIFICATION?

A: THAT'S CORRECT.

Q: OKAY. AND WHAT IS THE PURPOSE OF THAT FIRST CALL OR FIRST NOTIFICATION TO THE CORONER?

A: THE FIRST CALL IS MADE SO THEY CAN SET THEIR DEPLOYMENT AND THEIR MANPOWER SO THEY DON'T HAVE PEOPLE STANDING AT SCENES FOR HOURS WAITING FOR THE DETECTIVES TO FINISH THEIR WORK BEFORE THEY CAN REMOVE THE BODIES.

Q: OKAY. AND SO I ASSUME THEN AFTER YOU MAKE THAT FIRST CALL OF NOTIFICATION, THAT YOU ALSO MAKE A SUBSEQUENT CALL OR SECOND CALL?

A: THAT'S CORRECT, YES.

MR. DARDEN: CAN I HAVE ONE MOMENT, YOUR HONOR?

THE COURT: CERTAINLY.

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

Q: BY MR. DARDEN: AND WHEN YOU MAKE THE SECOND CALL OR SECOND NOTIFICATION TO THE CORONER, WHAT IS THE PURPOSE OF THAT?

A: THE SECOND CALL OR SECOND NOTIFICATION IS MADE WHEN WE DEEM IT TIME FOR THEM TO RESPOND TO REMOVE THE BODIES FROM THE CRIME SCENE. THAT'S THE PURPOSE OF THE SECOND CALL, TO TELL THEM TO ACTUALLY RESPOND TO THE SCENE.

Q: ARE ALL CRIME SCENES ALIKE?

A: ABSOLUTELY NOT. EACH CRIME SCENE IS AN EXPERIMENT IN ONE. THEY'RE ALL UNIQUE AND THEY'RE ALL DIFFERENT.

Q: OKAY. AND I TAKE IT THAT THE EVIDENCE YOU MIGHT FIND AT ANY PARTICULAR CRIME SCENE VARIES?

A: COMPLETELY, YES. IT WOULD BE -- IT WOULD BE A VERY EASY JOB IF THEY WERE ALL THE SAME.

Q: OKAY. WHEN YOU CONDUCT A HOMICIDE INVESTIGATION, DO YOU -- WELL, STRIKE THAT. AFTER YOU EXITED THE FRONT DOOR AT BUNDY AND AFTER YOU VIEWED THE BODIES FROM THE LANDING, DID YOU FOLLOW THE BLOODY FOOTPRINTS THAT YOU DESCRIBED TO US EARLIER?

A: I WAS LED ALONG THE FOOTPRINTS, YES.

Q: YOU HAD YOUR FLASHLIGHT WITH YOU?

A: YES, I DID.

Q: AND YOU WERE LED BY DETECTIVE PHILLIPS; IS THAT CORRECT?

A: YES, SIR.

Q: OKAY. HE ALSO HAD A FLASHLIGHT?

A: YES.

Q: AND YOU SAW THE BLOODY SHOEPRINTS?

A: I DID.

Q: DID YOU SEE ANYTHING ELSE OF INTEREST TO YOU AS A HOMICIDE INVESTIGATOR NEAR THOSE BLOODY SHOEPRINTS?

A: YES.

Q: WHAT DID YOU SEE?

A: I SAW FIVE BLOOD DROPS THAT LED FROM THE AREA OF THE BODIES ALONG THE LEFT SIDE OF THE SHOEPRINTS TO THE -- TO THE MOUTH OF THE AL -- OR OUT TO THE END OF THE WALKWAY OUT ON THE APRON OF THE DRIVEWAY.

Q: YOU SAW FIVE?

A: THERE WERE A TOTAL OF FIVE THAT I SAW, YES.

Q: NOW, WHAT WAS THE SIGNIFICANCE THAT YOU ATTACHED TO THESE BLOOD DROPS, IF ANY?

A: WELL, THEY APPEARED TO BE NOT ASSOCIATED WITH THE CRIME SCENE ITSELF. IT APPEARED TO ME THAT THE BLOODY SHOEPRINTS WERE BEING LEFT BY THE SUSPECT AS HE WAS EXITING WEST AND THAT HE WAS EITHER BLEEDING HIMSELF OR WAS CARRYING AN OBJECT TO HIS LEFT THAT WAS -- THAT WAS DRIPPING BLOOD. SO HE EITHER HAD AN INJURY OR I HAD HIM DROPPING BLOOD FROM SOME OBJECT.

Q: SOME OBJECT OR SOME INJURY TO THE LEFT OF THAT PERSON'S BODY?

A: THAT'S CORRECT.

Q: AND YOU SAY YOU FOLLOWED THE SHOEPRINTS AND THE BLOODY -- AND THE BLOOD DROPS RATHER?

A: THAT'S CORRECT.

Q: AND THEY WENT OUTSIDE OR RATHER YOU WALKED OUTSIDE THE REAR GATE?

A: THAT'S CORRECT.

Q: AND DID YOU SEE ANY BLOOD DROPS OUTSIDE THE REAR GATE?

A: YES. THERE WAS ONE ON THE APRON OF THE DRIVEWAY JUST NORTHWEST OF THE REAR END OF THE VEHICLE THERE.

Q: OKAY. AND THERE IS A POINT WHERE THE APRON TO THE DRIVEWAY MEETS THE PAVEMENT IN THE ALLEY; IS THAT RIGHT?

A: MEETS THE ASPHALT, THAT'S CORRECT. IT GOES -- THE APRON IS CEMENT AND IT ENDS AT THE ALLEY, WHICH IS ASPHALT.

Q: DID YOU SEE ANY DROPS OF BLOOD ON THE ASPHALT IN THE ALLEY?

A: NO, I DID NOT.

Q: DID YOU SEE ANY BLOODY SHOEPRINTS IN THE ALLEY?

A: NO.

Q: THIS FACT -- THE FACT THAT YOU SAW NO BLOOD ON THE ASPHALT IN THE ALLEY, WHAT SIGNIFICANCE IF ANY DID YOU ATTACH TO THAT OBSERVATION?

A: THAT INDICATED TO ME THAT MOST LIKELY, A SUSPECT HAD ENTERED SOME MODE OF TRANSPORTATION, POSSIBLY A VEHICLE, AT THAT POINT AND HAD LEFT THE SCENE. THAT'S WHY THERE WERE NO FURTHER BLOOD DROPS.

Q: NOW, AFTER YOUR ARRIVAL AT THE BUNDY CRIME SCENE, WERE YOU EVER GIVEN ANY DOCUMENTS AT ALL?

A: YES.

Q: WHAT DOCUMENTS?

A: I WAS GIVEN MARK FUHRMAN'S NOTES THAT HE HAD COMPLETED BEFORE MY ARRIVAL.

Q: AND WHO GAVE YOU THOSE NOTES?

A: DETECTIVE PHILLIPS.

Q: OKAY. AND YOU'VE SEEN DETECTIVE FUHRMAN'S NOTES ON THE ELMO HERE IN COURT, HAVE YOU?

A: YES, I HAVE.

Q: ARE THOSE THE SAME NOTES DETECTIVE PHILLIPS GAVE YOU?

A: YES.

Q: AND DID YOU MAINTAIN POSSESSION OF THOSE NOTES?

A: THAT'S CORRECT.

Q: AND DO YOU RECALL WHAT TIME IT WAS THAT DETECTIVE PHILLIPS GAVE YOU THOSE NOTES?

A: WOULD HAVE BEEN SHORTLY AFTER 4:05, MY ARRIVAL. WE STOOD AND TALKED FOR APPROXIMATELY FIVE MINUTES AND DURING THAT PERIOD OF TIME, HE GAVE THEM TO ME.

Q: NOW, AS YOU WALKED DOWN THE WALKWAY AT BUNDY AND EXITED THE REAR GATE, DID YOU NOTICE ANYTHING ON THE REAR GATE AT ALL?

A: YES, I DID.

Q: WHAT DID YOU NOTICE?

A: I NOTICED WHAT APPEARED TO BE BLOOD WIPINGS ALONG THE UPPER RAIL OF THE GATE AND WHAT APPEARED TO BE BLOOD DROPS ON THE BOTTOM RAIL OF THE GATE.

Q: AND WERE THESE BLOOD WIPINGS AND BLOOD DROPS POINTED OUT TO YOU BY DETECTIVE PHILLIPS?

A: THEY WERE.

Q: YOU'VE TOLD US THAT YOU HAVE VISITED APPROXIMATELY 500 HOMICIDE SCENES; IS THAT RIGHT?

A: APPROXIMATELY, YES.

Q: OKAY. AND ON HOW MANY OCCASIONS, ON HOW MANY OF THOSE VISITS DO YOU WEAR BOOTIES OVER YOUR SHOES?

A: I DON'T THINK I EVER HAVE. I CAN'T RECALL EVER -- EVER DOING THAT.

Q: WELL, DID YOU THINK AT THE TIME THAT GIVEN THE SUSPECTED IDENTITY OF THE VICTIM IN THIS CASE OR ONE OF THE VICTIMS, THAT PERHAPS YOU SHOULD DO THINGS DIFFERENT OR DIFFERENTLY FROM THE WAY YOU'VE DONE THEM IN THE PAST?

A: THE ONLY -- THE ONLY THING THAT'S DIFFERENT WITH THIS CASE THAN ANY OTHER CASE I'VE EVER HANDLED AND THE ONLY MORE IMPORTANCE THAT I SEE IN THIS CASE THAN ANY OTHER MURDER I'VE HANDLED IS THE PRESS COVERAGE. ANY MURDER I'VE HANDLED HAS BEEN VERY, VERY IMPORTANT TO ME.

Q: SO YOU DID IN THIS CASE WHAT YOU'VE DONE IN ALL THE OTHER CASES?

A: ABSOLUTELY.

Q: OKAY. WHAT DID YOU DO AFTER YOU EXITED THE REAR GATE AT BUNDY?

A: EXCUSE ME. MYSELF AND DETECTIVE PHILLIPS WALKED BACK TO THE FRONT TO THE INTERSECTION OF DOROTHY AND BUNDY AND I AWAITED THE ARRIVAL OF MY PARTNER WHO HADN'T ARRIVED THERE YET. I DIDN'T WANT TO START THE INVESTIGATION WITHOUT HIM SO HE COULD BE ACCLIMATED ALSO.

Q: OKAY. SO YOU WAITED FOR DETECTIVE --

A: YES, THAT'S CORRECT.

Q: DETECTIVE LANGE?

A: YES.

Q: OKAY. AND WHAT TIME DID YOU ARRIVE BACK AT THE INTERSECTION AT BUNDY AND DOROTHY?

A: I WOULD SAY APPROXIMATELY 4:15 TO 4:20.

Q: OKAY. AND SO HOW LONG DID IT TAKE THEN; THAT IS, HOW LONG DID IT TAKE TO DO THAT WALK THROUGH?

A: 10 MINUTES AT THE MOST PROBABLY.

Q: OKAY. AND WHEN YOU ARRIVED BACK AT THE INTERSECTION AT BUNDY AND DOROTHY, WAS LIEUTENANT ROGERS THERE?

A: YES.

Q: AND WHO WAS HE?

A: HE WAS MY IMMEDIATE SUPERVISOR.

Q: AND WAS LIEUTENANT SPANGLER THERE?

A: YES.

Q: AND WAS CAPTAIN DIAL THERE?

A: YES.

Q: AND WHO IS CAPTAIN DIAL?

A: CAPTAIN DIAL IS THE PATROL COMMANDER FOR WEST LOS ANGELES DIVISION.

Q: OKAY. AND WERE THERE OTHER POLICE OFFICERS THERE AT THE INTERSECTION AT THAT TIME?

A: YES.

Q: OKAY. NOW, AT SOME POINT, DID DETECTIVE LANGE ARRIVE AT THE LOCATION?

A: YES.

Q: AND WHAT TIME DID HE ARRIVE IF YOU RECALL?

A: 4:25?

Q: AND DID YOU INTRODUCE DETECTIVE LANGE TO DETECTIVES FUHRMAN AND PHILLIPS?

A: I DID.

Q: AND WAS THERE ANY INDICATION AT ALL AT THAT TIME THAT DETECTIVE LANGE HAD EVER MET DETECTIVES PHILLIPS AND FUHRMAN?

A: NONE WHATSOEVER.

Q: AND DID YOU ASK DETECTIVE PHILLIPS TO DO SOMETHING AT THAT TIME?

A: I DID.

Q: AND WHAT DID YOU ASK HIM TO DO?

A: I ASKED HIM TO GIVE MY PARTNER, DETECTIVE LANGE, A WALK THROUGH OF THE SCENE ALSO AND THEN WE WOULD MEET BACK OUT FRONT.

Q: AND DID HE DO THAT?

A: THAT'S CORRECT.

Q: AND DID YOU WAIT FOR DETECTIVE LANGE?

A: I DID.

Q: AND DID HE AT SOME POINT COME BACK TO THE FRONT OF THE --

A: YES.

Q: -- PROPERTY?

A: YES.

Q: WHAT HAPPENED NEXT, DETECTIVE?

A: WE CONFERRED IN THE INTERSECTION. I DISCUSSED IT WITH MY PARTNER. DETECTIVE PHILLIPS WAS THERE. AGAIN, DETECTIVE PHILLIPS HAD NOTIFIED ME EARLIER AND HE HAD AGAIN BROUGHT UP THE SUBJECT THAT HE HAD BEEN ORDERED BY COMMANDER BUSHEY TO MAKE A NOTIFICATION, A IN-PERSON NOTIFICATION. MY CONCERN AT THAT TIME WAS, I REALIZED THAT THIS WOULD MOST LIKELY BE A VERY HEAVY MEDIA EVENT BECAUSE OF THE IMPLICATIONS OF THE PEOPLE INVOLVED. I HAD BEEN EARLIER TOLD THAT THERE WERE TWO MINOR CHILDREN IN CUSTODY, AND MY CONCERN WAS TO MAKE A NOTIFICATION, MAKE A DISPOSITION FOR THE CHILDREN TO GET THEM OUT OF THE POLICE STATION, TO MEET MR. SIMPSON, REALIZING THAT AT SOME POINT, I WAS GOING -- MYSELF OR MY PARTNER WAS GOING TO HAVE TO INTERVIEW HIM. SO WE MADE A DECISION TO MAKE A NOTIFICATION AT THAT TIME.

Q: NOW, WE HAVE SEEN THE LAPD POLICY REGARDING NOTIFICATION OF NEXT OF KIN -- OF NEXT OF KIN IN HOMICIDE CASES.

A: YES, THAT'S CORRECT.

Q: AND YOU'RE FAMILIAR WITH THAT POLICY?

A: YES, SIR, I AM.

Q: AND THE POLICY DOES APPLY TO NEXT OF KIN; IS THAT RIGHT?

A: THAT'S CORRECT.

Q: NOW, MR. SIMPSON WAS MISS BROWN'S EX-HUSBAND, RIGHT?

A: THAT'S CORRECT.

Q: DOES HE QUALIFY AS NEXT OF KIN?

A: NOT TO THE VICTIM, BUT -- NOT TO THE FEMALE VICTIM. HOWEVER, AGAIN, WE HAD TWO SMALL CHILDREN IN CUSTODY THAT HE WAS THE FATHER OF THAT WE NEEDED TO MAKE A DISPOSITION ON. SO I THOUGHT IT APPROPRIATE THAT HE BE NOTIFIED.

Q: OKAY. NOW, YOU TOLD US EARLIER THAT YOU HAD WORKED IN WEST L.A. DIVISION SOME YEARS AGO.

A: THAT'S CORRECT.

Q: I GUESS YOU LEFT -- YOU LEFT WEST L.A. DIVISION IN 1979 WAS IT?

A: YEAH. I BELIEVE IT WAS EITHER FEBRUARY OR MARCH OF 1979.

Q: OKAY. WELL, DURING YOUR STINT AS A DETECTIVE AT WEST L.A. DIVISION, HAD YOU EVER VISITED 360 NORTH ROCKINGHAM?

A: I DON'T THINK I'VE EVER -- I THINK THAT WAS THE FIRST TIME I WAS EVER ON THE STREET, WAS ON JUNE THE 13TH.

Q: SO YOU WEREN'T FAMILIAR WITH THAT AREA THEN?

A: NOT AT ALL.

Q: OKAY. IT WASN'T DETECTIVE FUHRMAN'S IDEA THAT YOU SHOULD GO TO MR. SIMPSON'S HOME?

A: NO.

Q: WHAT WAS YOUR RANK AT THE TIME BY THE WAY?

A: DETECTIVE 3.

Q: AND DETECTIVE LANGE'S RANK WAS WHAT?

A: DETECTIVE 3.

Q: AND DETECTIVE PHILLIPS?

A: DETECTIVE 3.

Q: AND WHAT WAS DETECTIVE FUHRMAN'S RANK?

A: AT THAT TIME, HE WAS A DETECTI