DIRECT EXAMINATION BY MR. COCHRAN
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MR. COCHRAN: All right. I would like to cut to the chase and get right to it. Did you formerly live in California before you moved to Illinois?
MR. HODGE: Yes, sir.
MR. COCHRAN: And I would like specifically to direct your attention back to the month of January of 1987 and specifically January 11 of 1987. Did you have occasion to see or interact with a person by the name of Mark Fuhrman?
MR. HODGE: Yes, sir, I did.
MR. COCHRAN: Was he a Los Angeles police officer at that point?
MR. HODGE: Yes, sir.
MR. COCHRAN: On that date were you taken into custody by Mr. Fuhrman?
MR. HODGE: I believe so--I believe it was that date, yes, sir.
MR. COCHRAN: All right. Was it the 11th or 12th or do you know the exact date?
MR. HODGE: I am unable to recall the exact date, sir.
MR. COCHRAN: Was it in January of 1987?
MR. HODGE: Yes, sir.
MR. COCHRAN: All right. And do you remember who Mr. Fuhrman's partner was at that time?
MR. HODGE: Yes, sir. It was Vettraino. I referred to him as Vettraino. I believe it is Tom Vettraino.
MR. COCHRAN: Tom Vettraino?
MR. HODGE: Yes, sir.
MR. COCHRAN: At some point were you placed inside of a police vehicle?
MR. HODGE: Yes, sir, I was.
MR. COCHRAN: And after you were placed inside that police vehicle were you taken somewhere?
MR. HODGE: Yes, sir.
MR. COCHRAN: Do you remember which officer was driving the vehicle?
MR. HODGE: Yes, sir.
MR. COCHRAN: Who, which one?
MR. HODGE: That was Vettraino.
MR. COCHRAN: Who was Vettraino's partner officer at that time?
MR. HODGE: Officer Fuhrman.
MR. COCHRAN: And where was officer Fuhrman seated in the vehicle, if you recall?
MR. HODGE: On the passenger side of the vehicle.
MR. COCHRAN: And where were you seated?
MR. HODGE: In the rear of the vehicle.
MR. COCHRAN: Were you handcuffed at that point?
MR. HODGE: Yes, sir.
MR. COCHRAN: And did officer Fuhrman say something to you as he was seated in the right front passenger seat and you were in the rear portion of that police vehicle?
MR. HODGE: Yes, sir, he did.
MR. COCHRAN: Will you tell the ladies and gentlemen of the jury what officer Fuhrman said to you on this date in January of 1987?
MR. HODGE: Yes, sir. At that time officer Fuhrman turned around, looked at me and told me, "I told you we would get you, Nigger."
MR. COCHRAN: Did you hear--you heard him clearly?
MR. HODGE: Very clearly, sir.
MR. COCHRAN: And when he said this to you can you describe for us the tone of voice that he used?
MR. HODGE: Anger, hatred, just something from deep inside, if you would, just--just very ugly.
MR. COCHRAN: And when he made this statement to you can you describe for the jury how you felt?
MR. DARDEN: Objection, irrelevant.
THE COURT: Overruled.
MR. HODGE: Belittled, scared, very, very angry. Umm, I could use many more adjectives, but those--
MR. COCHRAN: Does that encapsulate how you felt?
MR. HODGE: Lightly, yes.
MR. COCHRAN: Thank you very much for coming today. Nothing further, your Honor.
THE COURT: People.
CROSS-EXAMINATION BY MR. DARDEN
MR. DARDEN: Mr. Hodge, thank you for coming, sir. Sir, you used to live on Corning Avenue, was it?
MR. HODGE: Yes, sir.
MR. DARDEN: And you were arrested by Vettraino and Fuhrman on January 13, 1987; is that right?
MR. HODGE: I'm unable to recall the exact date, sir.
MR. DARDEN: By the way, did you--were you only arrested once by Vettraino and Fuhrman and placed in a police vehicle?
MR. COCHRAN: Your Honor, object. Beyond the scope.
THE COURT: Sustained.
MR. DARDEN: Trying to establish the date, your Honor.
THE COURT: The date of January, '87, is close enough.
MR. DARDEN: Perhaps I should approach then.
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THE COURT: All right. Mr. Darden, where are you going with this?
MR. DARDEN: I'm trying to establish what the date is, because--I will give this to Mr. Cochran. This is the printout on the F.I.'s with that time with Mr. Hodge. There were many, many, many, many contacts by LAPD, from the narcotics and gang units, of Mr. Hodge. Mr. Hodge was a crack dealer over on Corning Avenue, an area where crack was sold by him and members of the Playboy Gangster Crips.
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MR. COCHRAN: Judge, isn't the issue whether or not Fuhrman arrested this man and indicated to him--the issue he was called for you limited very specifically was whether Fuhrman turned around and said, "I tell you I will get you Nigger." That is the question. It happened in January of 1987. That is the question.
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MR. DARDEN: Mr. Hodge, did you complain to the LAPD about the manner in which you were arrested by these two officers?
MR. HODGE: On which occasion, sir?
MR. DARDEN: On the occasion you just described for Mr. Cochran?
MR. HODGE: Yes, sir.
MR. DARDEN: You filed a formal complaint?
MR. HODGE: Yes, sir.
MR. DARDEN: When you were arrested, were you holding a drill or something in your hand?
MR. COCHRAN: Object to the form of this question, your Honor. Beyond the scope.
THE COURT: Sustained.
MR. DARDEN: Let me show you a copy of an IAD complaint. By the way, did you have any portion at all of the IAD minute that you filed?
MR. HODGE: At this time--
THE COURT: Excuse me, counsel. I think your question assumes IAD and that the jury knows what we are talking about here.
MR. DARDEN: Certainly.
MR. DARDEN: You complained to Internal Affairs Division at LAPD; is that right?
MR. HODGE: I believe it was Internal Affairs, yes, sir.
MR. DARDEN: Okay. You were interviewed by them?
MR. HODGE: Yes, sir.
MR. DARDEN: Okay. And were you interviewed by a supervising officer at West L.A. Station as well?
MR. HODGE: I believe it was a supervising officer.
MR. DARDEN: Okay. And your name is Roderic T. Hodge; is that correct?
MR. HODGE: No, sir.
MR. DARDEN: Okay. What is your name?
MR. HODGE: Roderic T. Hodge.
MR. DARDEN: What is your birthdate?
MR. HODGE: August 22, 1964.
MR. COCHRAN: May I see that, counsel?
THE COURT: I will give Mr. Cochran a copy.
THE COURT: All right.
MR. COCHRAN: Is that the--if you will just take a look at that, please, sir.
MR. HODGE: (Witness complies.)
THE COURT: Mr. Darden.
MR. DARDEN: Does that refresh your recollection that the date of arrest was January 13, 1987?
MR. HODGE: Not really, sir, but I take it--
MR. DARDEN: Does that appear to be the complaint that you filed with LAPD?
MR. HODGE: Yes, sir, it does. It appears to be.
MR. DARDEN: Okay. Okay. And on the last page of that document does it indicate that you had a second interview with someone from Internal Affairs on January 23, 1987, an interview with a Sergeant Lamprey?
MR. HODGE: Yes, sir, it does indicate that.
MR. DARDEN: Okay. Did you have such an interview?
MR. HODGE: Yes, sir, I believe so.
MR. DARDEN: Okay. Nowhere in this Internal Affairs complaint is it mentioned that you complained of Fuhrman's use of any epithets; is that correct?
MR. HODGE: I haven't read over the entire of the interview, sir.
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MR. DARDEN: Did you see the epithet indicated here in these documents?
MR. HODGE: No, sir.
MR. DARDEN: Okay. Do you think it might be contained in some other document?
MR. COCHRAN: I object. That calls for speculation.
THE COURT: Rephrase the question.
MR. DARDEN: At any event, thank you, Mr. Hodge.
THE COURT: Mr. Cochran.
MR. COCHRAN: Yes. Thank you very kindly, your Honor.
REDIRECT EXAMINATION BY MR. COCHRAN
MR. COCHRAN: Good afternoon, Mr. Hodge.
MR. HODGE: Sir.
MR. COCHRAN: Mr. Hodge, is there any doubt in your mind that in the month of January of 1987, Detective Fuhrman referred to you as a Nigger?
MR. HODGE: Sir, there's no doubt in my mind whatsoever.
MR. COCHRAN: Is that something you'd forget?
MR. HODGE: Something you don't forget.
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MR. COCHRAN: After your encounter with Mr. Fuhrman and the other officers on that day, you went down and made a complaint for their behavior; isn't that correct?
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MR. HODGE: Sir, I made three complaints.
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MR. COCHRAN: All right. Now, with regard to these documents that Mr. Darden showed you, did you notice anything unusual about the pages [of the complaint]? Would you look at the pages and look at the numbers of those pages.
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MR. COCHRAN: What do you see? Tell the jury what you see there.
MR. HODGE: Well, it goes from page 6 to page 17.
MR. COCHRAN: Do you know what happened to pages 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16?
MR. HODGE: No, sir. I would have no idea.
MR. COCHRAN: Now, with regard to that document, look in the upper right-hand corner under the "Type of complaint" that you made against these officers on January 13, 1987. Do you see that?
MR. HODGE: Yes, sir.
MR. COCHRAN: And what does it say?
MR. DARDEN: Objection.
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MR. DARDEN:The question went to improper--what was in the box in the upper right-hand corner shows improper tactics and excessive force, which is irrelevant.
MR. COCHRAN: Counsel is wrong about that. It does say that. Let me make an offer of proof. What it says--he opened the door on this. It says "Improper tactics, excessive force and disc," discourtesy. Let me show you something, Judge. I have another document, summary of adjudication cases dated on March 9, 1987 through March 13th, 1987, and what it shows is that this 22-year old black male alleged improper tactics, excessive force and discourtesy against the police. It's all blacked out. The discourtesy is the word "Nigger," and we have the right to bring that out. They're trying to make it seem like it wasn't there. That's what I indicated to the court.
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THE COURT: [E]xcessive force and improper tactics are not part of this.
MR. COCHRAN: Can I ask one thing, please, your Honor?
THE COURT: Yes.
MR. COCHRAN: While we are here? Your Honor, can--there's so much noise over here. In addition to that--he didn't mark this. Can you look at the first thing here? This man--I should be allowed to go into--I'd like you to read this part. He complains that he got pulled up by his arms by Fuhrman and suffered injuries and he was struck with a baton. In fact, in this investigation--I want to bring this out--there are nine photographs taken of this man's injuries and another report--another report down--taken place. Look at this, Judge. He refused treatment--and they took nine photographs of his right leg--for his back where somebody put a gun in his back, right leg and thigh and his wrist where he was hit with a baton. We can bring that in. You specifically stood here again and told Mr. Darden what to do and how to conduct--not told him. Made a suggestion. Judge, when they open the door, I have the right--may I finish? I have the right to talk about discourtesy or this other thing because he opened the door. He is the one who asked those questions. I abided by what you said. I asked my five or six questions and I sat down. This opens the door. He's opening this up with handcuffs, Judge. He had photographs taken. And they are trying to give a misleading impression to this jury. They're trying to say he didn't make this report. He made three reports different locations. This report is missing 11 pages or so right in the middle of it. There are photographs backing up what he says about violent treatment and everything and also says--
THE COURT: Keep your voice down.
MR. COCHRAN: --also says discourtesy, Judge, and I have good faith. I showed you this other report where it says in the summary of LAPD things how he made a report for discourtesy and it talks--doesn't talk about--they talk about, robbery-homicide, Hodge is a 22-year old--
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MR. COCHRAN: Now, Mr. Hodge, when you made these three complaints to the Los Angeles Police Department, did you include a complaint for discourtesy of the officers involved on that date, including Mr. Fuhrman?
MR. HODGE: Yes, I did.
MR. COCHRAN: When you included this complaint for discourtesy, did that include him calling you or saying, "We told you we were going to get you, Nigger"?
MR. HODGE: Yes, sir. That's correct.
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THE COURT: All right. Mr. Hodge, thank you very much.