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From: [email protected]
Date: 3/19/03
Time: 2:24:18 AM
Remote Name: 152.163.188.66
notes:
You keep saying that the key to the frame-up was Spangler’s order to Phillips not to call the coroner, without addressing the facts that Phillips was the only one who departed from the normal routine in that regard and he was officially off the case. You also insist that Phillips was the ranking investigator without checking the transcripts for the word games that Marcia and Phillips played with the word “investigator” until Bailey backed Fuhrman into a corner. There is more than one right answer and they are hidden. --Jasper
Nonsense. The state law is clear. The coroner is to be notified IMMEDIATELY. Now they played plenty of word games about what imemdiately means. They also played plenty of word games about what or who an invstigator was, such as their obligation to take notes, call in various support personnel, what the LAPD manual said about it.
Yup, there are lots of different answers for different purposes.
The fact remains that for the purpose of complying with the CORONER NOTIFICATION requirement, Phillips qualified as an investigator who under the LAPD manual would have been required to carry out that responsibility (or Fuhrman). Their arguments about Rossi's responsibility hinged entirely about whether he qualified as such an investigator.
The fact still remains, and here you can again blab until the cows fly over the moon, that Fuhrman could not have known that Phillips would be ordered not to call in the coroner. He could have expected even less that they would be "replaced" before they had to fulfill their responsibilities.
Phillips's answer about not calling the coroner because he was ordered not to are very clear.
To repeat:
Q. So at any rate, you had decided to mame the first call at 2:50, but Lieutenant Spangler told you don't do that, gave you an ORDER not to; is that correct?
A. That's correct.
No mistaking that Phillips was specifically barred by Spangler from making that first call.
Now I realize that your claim about this at least partly hinges on the issue raised during an earlier portion of the cross where Phillips also claims it was no longer his responsibiity at that time because they had been relieved, and that he was therefore, no longer an "investigating" officer. What Phillips is trying to avoid admitting is that he had committed a misdemeanor by not making the call.
The fact is that Phillips acknowledged that the California health and Safety code provided that: ". . . but I understand if you were to have a situation where you would have a dead body and you made no notification at all to the coroner's office and I imagine you just walked away from it, you would be guilty of a misdemeanor or some type of crime."
Well, folks, by following Spangler's order, he just walked away from it.
But Cochran went further. Citing section 10250 of the Califronia health and Safety Code that provides "Any PERSON who does not notify the coroner as required by this section is guilty of a misdemeanor," he asks if failing to notify the coroner under the required circumstances was a crime, Phillips concedes: "If you didn't notify the coroner when you had a dead body and you were a POLICE OFFICER, I would assume you were violating the law."
Now forget the bull shit about whether or not Phillips was an investigating officer. Was he a person? If so, he had the LEGAL DUTY to notify. He acknowledged it. Spangler ORDERED him not to fulfill his legal duty that Phillips damn well recognized that he had.
You can play all the words games you want, but NOTHING changes the fact that Phillips damn well knew he had the legal duty to make that notification under both a penal statute as well as the LAPD manual. He sought to fulfill it, but also tried to dodge responsibility for having failed to do so. And Cochran damn well nailed him on it, and also uncovered where the cover up was coming from. It damn well wasn't Fuhrman.
That's the completely wrong answer.
Prien