📄 Cross-examination of Herbert Leon MacDonell (part 2) — Monday, December 16, 1996
Address:
C:\DEPT103\CIVIL\1996\DEC\16\CROSS-EXAMINATION-OF-HERBERT-L.DOC
TRIAL
▲ Day 32 of 57

Cross-examination of Herbert Leon MacDonell (part 2)

Witness: Prof. Herbert MacDonell
Examiner: Edward Medvene
Called by: Defense • Date: Monday, December 16, 1996 • Utterances: 63
Baker redirected MacDonell on the sock blood evidence, focusing on the red spherical deposits found under the cut-out area of the sock. MacDonell described an informal experiment he conducted — applying blood to his own similar sock — to confirm the drying time was about five minutes, supporting his conclusion that the spheres resulted from blood transferred while wet. The examination ended with a brief return to the gloves, where MacDonell confirmed he observed no shrinkage after replicating atmospheric conditions.
1 (Exhibit 1239 is displayed.)
2 Q:

(BY MR. BAKER) Now, you were never provided this cut-out area, were you?

3 A:

No. I never asked for it and I was never given it.

4 Q:

And the area where the red balls were, were directly under where the staining would have been?

5 A:

Well, it is stained -- it's stained all the way around, that light color is the stain, but the center portion has been cut out, and that would have been, of course, the most concentrated area and that's where those red balls were.

6 Q:

And I guess if it looks like a duck and quacks like a duck, it may be a duck.

In other words, those balls are right under the area of the highest concentration of where the blood stain would have been on the sock that was removed from -- the portion that was removed, correct?

KEY QUOTE
7 A:

Yes, I can conclude, but I can't prove -- everything that I know about blood tells me this is blood, but I cannot do a serology test on something that small.

8 Q:

Now, in terms of the experiments that you did do, tell the jury the experiment that you did do relative to the socks?

9 A:

Well, having --

10 MR. MEDVENE:

Objection, outside the scope, Your Honor.

11 THE COURT:

Overruled. You examined.

12 A:

When I returned after examining these socks, quite independent of any intention, I was wearing a pair of very similar socks, and having blood available almost wherever I am, I just put some on my sock for one purpose only, and that was to spread out a drop to see how long it would take to dry on my warm body.

One drop I teased around in an oval which was very close to an inch by an inch and a half, so I know it wasn't two drops or half a drop, it was about a drop, I don't want to say it was within 10 percent, but it was a drop which duplicated what I had seen.

And using a white tissue, which is an extension of the paint drying test done by ASTB -- oh, they use paper, I used tissue, I would touch that spot and apply very little pressure, and after five minutes or so, the stain was completely dry, I could not get any blood adhered to the clean white tissue.

That is a way of determining that it is dry.

So on my body, that day, it dried within about five minutes, and so that was a thin stain.

13 Q:

(BY MR. BAKER) And Mr. MacDonell, in terms of this drying test, in other words, what you're doing is taking, like a Kleenex tissue, that we have in the bathroom and you're seeing if there's any transfer of the blood that you put on the sock, on yourself, and seeing if there's any transfer onto that white Kleenex, correct?

14 A:

Any microscopic transfer. I was looking at it with my 20-power microscope, and even though you can't see it with the human eye, you can sometimes still see it with this. After that had happened, that I couldn't see it, then I concluded that it was dry.

15 Q:

And obviously the transfer of the red balls is only going to occur while the blood is wet and able to be transferred?

16 MR. MEDVENE:

Objection, leading, Your Honor.

17 THE COURT:

Overruled.

18 Q:

(BY MR. BAKER) Now, you obviously don't know who manipulated the sock before you saw it on April 2, 1995, do you?

19 A:

I don't like the word manipulated. I don't know what happened to the sock, but it was stained.

KEY QUOTE
20 Q:

And you don't know what happened to any of Mr. Simpson's reference blood or the reference blood of the victims before -- well, at any time, do you?

21 A:

No.

22 MR. MEDVENE:

Objection, argumentative.

23 Q:

(BY MR. BAKER) And you don't know whether or not the blood that's in that stain contains EDTA, a blood preservative from a reference vial, do you?

24 MR. MEDVENE:

Objection, he's arguing the case.

25 THE COURT:

Sustained.

26 Q:

(BY MR. BAKER) Well, relative to the phenolphthalein --

27 A:

It's phenolphthalein. You drop the E when it's reduced.

28 Q:

All right.

Relative to the -- Mr. Medvene asked you if the presumptive blood test, in putting too much liquid on the swab, could produce the balls that we have shown, or the ball that we have shown in the photograph, correct?

29 A:

Yes.

30 Q:

And in this case it wasn't swatched until after the photographs were already taken, isn't that true?

31 A:

That's correct.

32 Q:

So it couldn't have produced the red ball that we see in the photograph, correct?

33 A:

Not that swabbing. However, if someone had swabbed the surface on top prior to that and used a lot of liquid, whether it's saline solution or distilled water, just actually soaked it, that is possible. But that would be very poor technique. That's not the way you do it. You usually cut it out and then do it.

34 Q:

If they had done that in this exceedingly poor technique, they would have to have done it at the time before the cut-out was made to have the transfer of blood go through to side 3, correct?

35 A:

Precisely, yes, that's why it's cut out.

36 Q:

You obviously have -- you were not given any information that any such poor technique was ever used, or that any technique was used on this sock before the cut-out was actually cut by LAPD, correct?

37 A:

That's correct. I was not.

38 Q:

And as I think you indicated, freezing and unfreezing just simply isn't going to do it, correct?

39 A:

No. My socks did not get damp when I did that.

40 Q:

Mr. Medvene had asked about perspiration and a quick and violent murder.

Do you have an opinion as to whether or not -- well, this is -- strike that.

This area we're talking about is not on the foot, is it, that's up on the ankle area?

41 A:

Yes, it's on the ankle.

42 Q:

So he talked about perspiration of a foot causing a dilution in the blood and a possible causing of the phenomenon of the balls.

If there was perspiration that got as high as the ankle, would you anticipate that you're going to see some sort of sodium chloride or salt deposit as well?

43 MR. MEDVENE:

Objection, speculation, Your Honor.

44 THE COURT:

He's an expert on sodium chloride deposits. Overruled.

KEY QUOTE
45 MR. MEDVENE:

No foundation.

46 A:

If you have --

47 Q:

(BY MR. BAKER) Okay.

Have you ever seen deposits left from perspiration?

48 A:

Yes, I have.

49 Q:

And have you ever examined them under a microscope?

50 A:

Some of them you don't need a microscope. You see crystals of salt, sodium chloride, particularly on the underarm area of clothing, on shirts and blouses.

51 Q:

Was there any sodium chloride deposit on those socks at all?

52 A:

I didn't see anything that I could call crystals, but it would take a lot of perspiration to leave a significant deposit.

I would have to say that the person could perspire and they could have damp skin, cold, clammy skin, but more likely in the shoe than above it, where you got more radiation area, except that area could be confined by the pants, standing up, the pants would cover that, and it might somehow keep it damp longer, but also prevents you from bumping into something and getting it on it if the pants were over the sock.

53 Q:

Now, in terms of your own -- the drying experiment that you did relative to socks that are similar to this, drying at 5 or 6 minutes, that was -- well, strike that.

When did you do that?

54 A:

I did that after I got back, I think, in June. I just did it one day, as I said. I saw I was wearing similar socks, I wanted to see the drying time, and that's why I did it.

55 Q:

Blood is going to dry quicker when the sock is on a person because of the body heat we all radiate; is that correct?

56 A:

That's correct. Not so much what we radiate, but what we transfer to the fluid if we radiate it, it's gone.

57 Q:

Fair enough.

Just one other question on these gloves.

Now, when you have a -- when you looked at those gloves, did you see that there was any coating, or anything whatsoever on the leather?

58 A:

No, it was very smooth leather, and I didn't -- you can't see scotch-guard or anything like that anyway on the clothing, you can't see a treatment if it's there on leather, in my experience, but I did not see any obvious signs of anything except just plain leather.

59 Q:

And the fact that it didn't shrink after you had put blood on it and tried to -- and replicated the atmospheric conditions, was that consistent with your knowledge, and having worn gloves basically since you were a kid, that they don't shrink?

60 MR. MEDVENE:

Objection, lack of foundation, Your Honor.

61 THE COURT:

Overruled.

62 A:

I didn't know if they would shrink or not and if so, how much. I had no idea because I don't have gloves such as that. They're very nice gloves and -- I don't have bad gloves but I don't have nice ones like that, and so -- I've never had them shrink, and that -- I can remember them -- getting them sopping wet. So I didn't expect them to shrink. I gave what I considered a very fair evaluation of it, and I could not detect any shrinkage.

63 MR. BAKER:

Thank you.

Temperature

procedural

Key Quotes (4)

Herbert MacDonell
everything that I know about blood tells me this is blood, but I cannot do a serology test on something that small.
MacDonell's clearest statement of the limits and strength of his conclusion — he can't prove it analytically but is confident based on expertise.
Robert Baker
I guess if it looks like a duck and quacks like a duck, it may be a duck.
Baker framing the blood-sphere-as-planted-blood argument in the most accessible terms possible for the jury.
Herbert MacDonell
I don't like the word manipulated. I don't know what happened to the sock, but it was stained.
MacDonell carefully distancing himself from loaded defense language while still acknowledging he has no chain-of-custody knowledge.
Hiroshi Fujisaki
He's an expert on sodium chloride deposits. Overruled.
Rare judicial commentary that implicitly endorses the breadth of MacDonell's expertise and undercuts Medvene's objection with dry humor.

Evidence (2)

Exhibit 1239
The sock with cut-out area displayed, showing the staining pattern and location of the red spherical deposits
displayed, discussed
Informal
Photograph of the sock showing the red ball before swabbing occurred
referenced to establish timeline — photograph predates swabbing, ruling out swab-caused contamination

Notable Exchanges (3)

Herbert MacDonellRobert Baker
MacDonell describes his informal at-home experiment: wearing similar socks, applying a single drop of blood, spreading it to the same approximate dimensions as the stain on the evidence sock, then testing dryness with a tissue under a 20-power microscope. Dried within five minutes on his warm body.
methodical, credibility-building
Herbert MacDonellRobert Baker
Exchange on whether perspiration could explain the red balls — Baker establishing that the stain is on the ankle, not the foot, and that heavy perspiration reaching the ankle would likely leave visible salt crystals, which MacDonell did not observe.
strategic
Herbert MacDonellRobert Baker
MacDonell corrects Baker's pronunciation mid-examination: 'It's phenolphthalein. You drop the E when it's reduced.'
light

Light Moments (2)

Herbert MacDonell
MacDonell interrupts Baker to correct the pronunciation of 'phenolphthalein,' explaining the phonetic rule about dropping the E when reduced.
Hiroshi Fujisaki
Judge Fujisaki overrules Medvene's speculation objection with the dry remark 'He's an expert on sodium chloride deposits.'

Credibility Attacks (1)

⚔ LAPD evidence handling
implication of tampering/poor technique
Baker establishes that MacDonell was never given the cut-out portion of the sock (the most concentrated stain area), that he has no knowledge of what happened to Simpson's reference blood, and that no poor swabbing technique that could explain the spheres was ever reported to him — building the inference that the evidence was tampered with post-collection.

Objections

7 objections (1 sustained, 5 overruled)
Proceeding 8662 • 63 utterances • Defense witness
Civil Trial
Department 103
⚖️ Start
📂 DEC 16, 1996 📄 Cross-examination of Herbert L
DEC 16, 1996 KRT DvH TD