Cross-examination of Gilbert Aguilar (1 of 2)

📄 Cross-examination of Gilbert Aguilar (1 of 2) — Tuesday, December 17, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\17\CROSS-EXAMINATION-OF-GILBERT-A.DOC

TRIAL

▲ Day 33 of 57

◀ Direct examination of Gilbert Aguilar Cross-examination of Gilbert Aguilar ▶

Witness: Gilbert Aguilar
Examiner: John Kelly
Called by: Defense • Date: Tuesday, December 17, 1996 • Utterances: 75

John Kelly cross-examines fingerprint examiner Gilbert Aguilar about the 17 fingerprints collected from the Bundy crime scene. Kelly systematically accounts for all identified prints — attributing them to a detective, a photographer, and a friend of Nicole's — leaving three unidentifiable exterior prints (nos. 5, 7, and 9) that Aguilar admits cannot be excluded as belonging to O.J. Simpson. The examination ends with Aguilar confirming that wearing a glove makes leaving a fingerprint 'impossible.'

# 1 Q:

Good afternoon, Mr. Aguilar?

# 2 A:

Good afternoon.

# 3 Q:

You have some familiarity with this crime scene layout that you were just testifying to?

# 4 A:

Yes.

# 5 Q:

And you're familiar with the fact that these two yellow forms here represent the bodies as they were found on the early morning of June 13?

# 6 A:

Yes.

# 7 Q:

And that these little markings here, the red and pink and blue, are footprints, they were bloody footprints found early that morning?

# 8 (Indicating to Exhibit 408.)

# 9 A:

I didn't know that.

# 10 Q:

Let me represent to you that they are.

# 11 MR. BLASIER:

Objection, outside the scope.

# 12 THE COURT:

Sustained.

# 13 Q:

(BY MR. KELLY) As I understand it, Mr. Aguilar, as you went through -- as you went through the fingerprint chart, the 17 prints we just spoke of, numbers 1 through 4 were either lifted from the front door or the front door frame; is that correct?

# 14 A:

That's correct.

# 15 Q:

That's this area back in here that I'm circling right now; is that correct?

# 16 A:

Yes.

# 17 (Indicating to Exhibit 408.)

# 18 Q:

Okay.

Then there were another five that you spoke of which would have been prints 13 through 17, that were lifted off two vehicles; is that correct also?

# 19 A:

Yes.

# 20 Q:

And in fact, 13, 14 and 15, you indicated were off a Ferrari which was inside a garage here; is that correct?

# 21 A:

Yes.

# 22 Q:

Okay.

And 16 and 17 were from the Jeep Cherokee parked in the driveway over here?

# 23 A:

Yes.

# 24 Q:

And, in fact, the two prints lifted off the Jeep Cherokee, did you make any sort of notation where they were lifted from off the Jeep Cherokee?

# 25 A:

Yes.

# 26 Q:

Where was that from?

# 27 A:

They were recovered from the outside passenger side of the vehicle on the rear fender.

# 28 Q:

On the rear fender?

# 29 A:

Yes.

# 30 Q:

Not on the door or inside the car?

# 31 A:

No prints were recovered from inside the car.

# 32 Q:

Okay.

And with regard to prints No. 11 and 12, I believe you indicated, first of all, that print No. 11 was found somewhere well inside the house.

In fact, I think it was on a bathroom door, was it not?

KEY QUOTE

# 33 A:

Yes.

# 34 Q:

And that was well into the interior of the house, between the living room and dining room, or somewhere like that?

# 35 A:

Yes.

# 36 Q:

And that was actually identified to one of Nicole's friends whose prints you've been provided with, had you not?

# 37 A:

Yes.

# 38 Q:

And with regard to No. 12 that was off of a pack of cigarettes, it was actually in the upstairs bathroom; is that correct?

KEY QUOTE

# 39 A:

Yes.

# 40 Q:

Okay.

So if I understand it, after we talk about 1 through 4, 11 and 12, and 13 through 17, those are all prints that were found basically in the interior of the house or that rear bumper of that Jeep Cherokee; is that correct?

# 41 A:

Yes.

# 42 Q:

And that leaves just six prints that were identifiable that were lifted on the outside; is that correct?

Strike that.

Three that were identifiable?

# 43 A:

That were lifted from the outside?

# 44 Q:

Yeah, there were only six lifted from the outside?

# 45 A:

Yes.

# 46 Q:

Okay.

And of the three of those prints, one was attributed to a Detective Phillips, was it not?

# 47 A:

Yes.

# 48 Q:

And one of those was attributed to a photographer, a Mr. Goodwin?

# 49 A:

Yes.

# 50 Q:

And by the way, it was print No. 10 that was attributed to Detective Phillips, correct?

KEY QUOTE

# 51 A:

Yes.

# 52 Q:

And it was print No. 6 that was attributed to Mr. Goodwin, the photographer?

KEY QUOTE

# 53 A:

Yes.

# 54 Q:

And that left only one identifiable print that was lifted from the outside of that premise; is that correct?

# 55 A:

Yes.

# 56 Q:

And that was print No. 8?

KEY QUOTE

# 57 A:

That's correct.

# 58 Q:

And that was actually lifted off, I believe you indicated, a right hand rail somewhere back there; is that correct?

# 59 (Indicating.)

# 60 A:

It was the rail away from the house.

# 61 Q:

Was that in this area here?

# 62 A:

Right.

# 63 Q:

Correct me if I am wrong, if you wear a glove, it's pretty difficult to leave a fingerprint, is it not?

# 64 A:

It's impossible.

# 65 Q:

Okay.

# 66 A:

Unless the glove had a hole in it.

KEY QUOTE

# 67 Q:

Okay.

So that's the only identifiable fingerprint that was found outside the house that was not matched to someone is No. 8 that was on the right hand of the -- or the outside of the house; is that correct?

# 68 A:

That's correct.

# 69 Q:

And that left three other unidentifiable prints, or numbers 5, 7 and 9?

# 70 A:

Yes.

# 71 Q:

And I believe you indicated that you had Mr. Simpson's fingerprints for an exemplar to match against these various prints?

# 72 A:

Yes.

# 73 Q:

Are you able to tell us with any certainty that prints 5, 7 and 9 were not Mr. Simpson's?

KEY QUOTE

# 74 A:

No.

# 75 MR. KELLY:

I have no further questions.

REDIRECT EXAMINATION BY MR. BLASIER:

Temperature

procedural

Key Quotes (3)

Gilbert Aguilar

It's impossible. Unless the glove had a hole in it.

Directly ties glove usage to the absence of fingerprints, supporting the defense theory that the killer wore gloves — consistent with the bloody gloves evidence.

John Kelly

Are you able to tell us with any certainty that prints 5, 7 and 9 were not Mr. Simpson's?

The strategic payoff of the entire examination — establishing that three unidentified exterior prints cannot be excluded as Simpson's.

Gilbert Aguilar

No.

One-word answer that leaves open the possibility that Simpson's ungloved prints were at the scene, undercutting the defense's clean narrative.

Evidence (1)

Exhibit 408

Crime scene layout diagram showing the positions of bodies and markings for bloody footprints

used as demonstrative during questioning; Kelly indicated locations of prints on it

Notable Exchanges (2)

John Kelly•Gilbert Aguilar

Kelly walks through all 17 prints systematically, accounting for each one until only three unidentifiable exterior prints remain, then asks whether they can be excluded as Simpson's — Aguilar says no.

strategic

John Kelly•Gilbert Aguilar

Kelly asks whether a glove prevents fingerprints; Aguilar says 'impossible' then volunteers the caveat about a hole in the glove.

revealing

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8679 • 75 utterances • Defense witness

Civil Trial

Department 103