Defense And Detective Squabble
SANTA MONICA, Dec. 11 (Noon) -- Det. Tom Lange clashed with defense attorney Robert Baker Wednesday morning in the O.J. Simpson civil trial over possible planting and contamination of evidence. And in a ruling, Judge Hiroshi Fujisaki gave the defense permission to recall Brian "Kato" Kaelin, to question him about statements he made in recent television interviews that Baker said are inconsistent with the former house guest's testimony.
Lange is still testifying on redirect examination. He is scheduled to be followed by LAPD criminalist Susan Brockbank.
Along with the ruling on Kaelin, Judge Fujisaki also decided that the defense could call expert witness John Gerdes. Gerdes testified in the criminal trial and coined the now-infamous description of the LAPD crime lab as a "cesspool of contamination." But he will not be able to use that phrase in the civil trial. Judge Fujisaki limited Gerdes testimony, ruling that he could only testify about whether or not specific evidence was contaminated.
Lange, who was the co-lead detective of the murder investigation, testified about a range of issues, from his theories of how the crime happened to his interview with Simpson at the police station to Mark Fuhrman's activities at Simpson's Rockingham estate. Baker did not hide his contempt for Lange's police work and testimony, aggressively firing questions at the now-retired detective. Several times Baker shouted at the witness. Lange answered in a controlled, but sometimes sarcastic, monotone.
Although Fuhrman will likely not testify in the civil trial, the defense used its examination of Lange to make sure the jurors heard his name -- and knew that he had an opportunity to plant evidence. Baker focused his questions about Fuhrman's activities at Rockingham, when the detectives went to find Simpson after the bodies were discovered.
"Do you know whether Detective Fuhrman was leaving [Simpson's house] . . . .so he would have the opportunity to plant a glove?" Baker asked. There was then an objection sustained by the judge.
Lange told the jury that he had more important things to do at Rockingham than watch Fuhrman.
"Fuhrman was out of any sight that you had, from approximately 5:40 [am] to 6:15, correct?" Baker asked.
"No I can't say that," Lange replied. "I did not specifically keep a record of Mr. Fuhrman's movement...I can't give an accounting for every moment he was there."
Tensions escalated between Baker and Lange when the defense attorney accused the former detective of demeaning Simpson on "every television show you can get your mug on" in order to make money from a book deal. Lange and his former partner Philip Vannatter signed a book contract for $110,000. Lange told Baker he initially did not want to write the book, but decided he needed to tell his side of the story.
"We've been vilified to unbelievable extremes in this case and it's about time we stood up and replied," Lange said. "We've been lied about."
Baker and Lange also squabbled about his interview with Simpson at police headquarters the day after the murders. Baker has tried to show the jury that Simpson, even though he was exhausted from taking a red-eye to Chicago and then returning to Los Angeles, willingly answered questions from police. But Lange had a different impression.
"In all the minutes that you were [conducting the interview] did Mr. Simpson ever indicate to you that he would not answer any of your questions?" Baker asked.
"He skirted around quite a few," Lange replied.
Retorted Baker: "Like you're doing."
"Is that a question?" Lange asked.
"I guess it's a statement," Baker replied.
-Robert Schmidt
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