Cross-examination of the witness

📄 Cross-examination of the witness — Tuesday, December 17, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\17\CROSS-EXAMINATION-OF-THE-WITNE.DOC

TRIAL

▲ Day 33 of 57

◀ Reading of prior criminal trial testimony of William Blasini Exhibits admitted ▶

Witness: Witness
Examiner: Dan Leonard
Called by: Prosecution • Date: Tuesday, December 17, 1996 • Utterances: 479

Mr. Leonard briefly cross-examines the witness to lock in favorable testimony: the witness saw no blood in the Bronco on June 21, 1994. Leonard highlights that photographs showing red stains at positions 303, 306, and 299 were taken on September 1, 1994 — after the witness had been in the vehicle — implying the blood appeared later.

# 1 (Reading:)

# 2 Q:

Mr. Blasini, what is your occupation, sir?

# 3 A:

I work for Pick Your Part, the world's largest self-service automobile recycling center.

# 4 THE COURT:

Mr. Baker, either use the microphone or speak louder.

# 5 MR. LEONARD:

(Reading:)

Thank you, Mr. Blasini.

And it's called Pick Your Part?

# 6 A:

Yes, sir.

# 7 Q:

All right.

And how long have you been so employed?

# 8 A:

About three and a half years.

# 9 Q:

And what is your present job title with Pick Your Part.

# 10 A:

I'm general manager of vehicle purchasing.

# 11 Q:

And as such, tell us briefly what you do as a general manager of Pick Your Part.

# 12 A:

Basically, I go to auctions, police auctions, impounds, and we buy cars.

# 13 Q:

And you've been doing this for how long?

# 14 A:

At Pick Your Part, for three and a half years.

# 15 Q:

Have you been in this industry for -- before that time?

# 16 A:

I was a wholesaler. I was wholesaling vehicles before this.

# 17 Q:

All right.

So you've been around automobiles for some time; is that correct?

# 18 A:

Fifteen years, to be correct.

# 19 Q:

All right, sir.

I'd like, sir, to direct your attention back to the date -- I believe June 21 of 1994.

Did you have an occasion on or about that date, in the afternoon, to be at Viertel's garage, here in downtown Los Angeles?

# 20 A:

Yes, I was.

# 21 Q:

And would you tell the ladies and gentlemen of the jury under what circumstances you were at Viertel's on that date, that Tuesday, June 21.

# 22 A:

Well, every Tuesday, we go there and we bid on cars -- they have four locations -- and the last location is at Temple, the main garage; that's where we wind up. And when I walked -- when we finished bidding on the cars, I was walking in to do the paperwork, when I just happened to see the Bronco inside the garage.

# 23 Q:

All right. So would you say you were accompanied by someone else at that point?

# 24 A:

I was accompanied by Bob Jones, Andrew Adlen, myself, and Sam Adlen, I think. I'm not sure about Sam, if he was there that day.

# 25 Q:

Let's take them one at a time.

We've heard the name Bob Jones before. By whom is Bob Jones employed?

# 26 A:

Viertel's.

# 27 Q:

You knew him prior to the date of June 21?

# 28 A:

Yes.

# 29 Q:

And you mentioned a Mr. Aden -- excuse me -- Adlen. What is Mr. Adlen's first name?

# 30 A:

Andrew.

# 31 Q:

And who is Mr. Andrew Adlen?

# 32 A:

He's a competitor. He also bids on the cars, as well.

# 33 THE COURT:

How do you spell Adlen? Do you know?

BY MR. COCHRAN: A-d-l-e-n, I believe, Your Honor, Andrew Adlen.

And you mentioned another Adlen, I believe.

# 34 A:

It's his uncle. I assume it's his uncle.

# 35 Q:

So you were there in the company of the two Adlens and yourself and Bob Jones; is that correct?

# 36 A:

I'm not correct on the second Adlen, but the first one was there, yes.

# 37 Q:

You're sure about the first one?

# 38 A:

Yes.

# 39 Q:

You were describing that you were at Viertel's, and this jury heard something about Viertel's and the layout there.

Can you describe for us where you were once you got there on that particular afternoon?

# 40 A:

Well, there's two entrances, two main entrances, one from the street and one from the back of the yard. And that's where we come from, from the back of the yard.

Once we're done bidding on the vehicles, we come through the back of the garage, and right there, as you walk in the area where they keep the restricted vehicles. And as you continue past that area, you go down to the offices.

# 41 Q:

All right. And did you -- you were in this -- walking in this area; is that right?

# 42 A:

Yes, I was.

# 43 Q:

And while in this area -- first, before we get to that, tell us what time -- what time of day was it on June 21?

# 44 A:

It was about 2:30, 3 o'clock in the afternoon.

# 45 Q:

And at some point after 2:30 or 3 o'clock in the afternoon on June 21, did you see a white Bronco?

# 46 A:

Yes, I did.

# 47 Q:

And who were you with when you first saw the Bronco?

# 48 A:

I was with Andrew Adlen and Bob Jones.

# 49 Q:

Did you have some conversation at all with Mr. Jones about that Bronco?

# 50 A:

The minute I saw the Bronco, I was amazed at -- yes, I did.

# 51 MR. LEONARD:

Okay. Over to page 43979, line 10.

# 52 (Reading:)

# 53 Q:

And what was the -- when you talked to Mr. Jones, can you tell us the general subject matter of what you talked to him about the Bronco, without telling us what you said and what he said?

# 54 A:

Basically, why was the vehicle there.

# 55 Q:

All right.

And did you get some response from him?

# 56 A:

Yes, I did.

# 57 Q:

Now, based upon that brief conversation you had with Bob Jones, did you have occasion to, at any point that afternoon, go over to or get inside of this particular -- particular vehicle, the Bronco?

# 58 A:

Yes, I did.

# 59 Q:

And describe for the ladies and gentlemen of the jury what you did in that regard, if anything.

# 60 A:

As far as walking up to the Bronco and exactly what I did?

# 61 Q:

Yes. Tell us what you did.

# 62 A:

I opened the door to the Bronco.

# 63 Q:

Let me stop you there.

Was the Bronco locked at that point?

# 64 A:

No, it wasn't, sir.

# 65 Q:

So you just walked over and opened the door?

# 66 A:

Yes, sir.

# 67 Q:

Which door did you open of the Bronco?

# 68 A:

The passenger's door.

# 69 Q:

On the passenger side of the vehicle?

# 70 A:

Yes, sir.

# 71 Q:

Now, you've seen pictures of that Bronco, and you've seen the Bronco itself; is that correct?

# 72 A:

Yes, sir.

# 73 Q:

Now, when you open the door to the Bronco, the passenger door, what happened next?

# 74 A:

I looked in the vehicle.

# 75 Q:

All right.

Now, was there any particular reason why you wanted to go and look inside this Bronco?

# 76 A:

Well, I guess there was a couple of reasons. It was -- it was a big story. Just the facts of looking at the Bronco, O.J. Simpson being involved in it, it was a big story. I was curious.

# 77 Q:

All right. You were curious at that point?

# 78 A:

Yes, sir.

# 79 Q:

Had you read or seen any stories on television regarding the Bronco being there?

# 80 A:

Some stories.

# 81 Q:

Were you expecting to see it at Viertel's?

# 82 A:

Not at all.

# 83 Q:

All right.

So you saw it, and then you had heard things about it, and you went over to it; is that right?

# 84 A:

Yes, sir.

# 85 Q:

Now, when you went over to the Bronco and opened the door, tell the ladies and gentlemen what you next did after that.

# 86 A:

I looked inside the Bronco. I looked at the seats, the floor. I looked at the dashboard. I basically looked all over the vehicle.

# 87 Q:

All right.

And why did you look all over the vehicle?

# 88 A:

Well, Andrew and I were talking that it was said that there was a lot of -- lot of blood in the vehicle.

# 89 Q:

Who -- who said there was a lot of blood in the vehicle?

# 90 A:

Well, it was said in the papers.

# 91 Q:

All right.

You had read or heard that?

# 92 A:

I heard that, yes.

# 93 Q:

And were you looking to see if there was a lot of blood in that vehicle?

# 94 A:

Well, that was the first thing I looked for, yes.

# 95 Q:

And will you describe for us how you --

Did you get inside the vehicle at some point?

# 96 A:

Yes, I did, sir.

# 97 Q:

Describe for the jury again how you got inside the vehicle and where you were when you were inside the vehicle.

# 98 A:

Well, once I looked in the vehicle, I sat in the passenger seat; I continued to look around the vehicle. I looked between the seats and I looked to the back of the vehicle.

# 99 Q:

So when you got inside the vehicle and sat in the passenger seat and looked all around the vehicle, did you see any blood?

# 100 A:

No, sir I didn't.

# 101 Q:

Were you looking specifically for blood?

# 102 A:

At first, yes, we were.

# 103 Q:

Now, you said "we." When you got into the passenger side of the vehicle and sat in the passenger seat, what did Mr. Adlen do, if anything, that you saw?

# 104 A:

He opened up the driver's door.

# 105 Q:

Did you see him at any point put any part of his body into the Bronco vehicle?

# 106 A:

Yes. Half of his body came into the vehicle.

# 107 Q:

Can you describe for the jury again how he did that, that movement.

# 108 A:

The vehicle sits up high because it's a truck. And he basically opened the door and leaned over the seat and looked in the vehicle.

# 109 Q:

At the time he made that movement of looking inside the vehicle and looking inside, were you already inside the vehicle?

# 110 A:

I was already inside the vehicle, yes.

# 111 Q:

And you were seated in the passenger compartment, just as though you're seated in the witness seat there?

# 112 A:

Correct, sir.

# 113 Q:

All right.

Take your time and describe for the jury what you did from that particular vantage point inside the driver's compartment of that Bronco on June 21, 1994.

# 114 A:

Well, I basically, at first, looked for blood. And I looked all over the vehicle. I looked for fingerprint dust.

# 115 Q:

Do you recall seeing any fingerprint dust?

# 116 A:

Not inside the vehicle, no.

# 117 Q:

All right.

Tell us what else -- what happened after that.

# 118 A:

I saw some dust on the window sill, so I put my fingers on the window sill to see if there was any dust on them.

# 119 Q:

So you're holding your fingers up. And I want you to describe for this jury how you did this.

What did you do with regard to your fingers on the window sill, and which window sill was it?

# 120 A:

It was the same side I was sitting in, the passenger side. I put my fingers up on the window sill like this. (Indicating.)

# 121 Q:

So did you leave fingerprints there, as far as you could tell?

# 122 A:

Smudges. But I looked at my hands.

# 123 Q:

And you did that while you were inside the vehicle; is that correct?

# 124 A:

Yes, sir.

# 125 Q:

After you did this, what happened next, if you recall?

# 126 MR. LEONARD:

There's colloquy at this point. Mr. Cochran made a motion, Your Honor, as though with all ten of his fingers extended out in front of him, as though he touched the windshield.

# 127 THE COURT:

Palms forward.

# 128 Q:

Palms forward; is that correct?

# 129 A:

Fingers, not palms on the window, but fingers.

# 130 Q:

Okay.

Fingers forward?

# 131 A:

Correct.

# 132 Q:

All right. Thank you.

Now, what happened after you did this, you made this movement with your fingers forward?

# 133 A:

I looked at Andrew, and can't remember word for word, but basically what we said, we didn't find any blood.

At that point, I happened to look down on the ground, and I noticed that the floorboard on the driver's side, the carpet itself, was cut out.

# 134 Q:

You didn't see any carpets on the driver compartment; is that correct?

# 135 A:

Correct.

# 136 Q:

Now, tell the jury, how long did you stay, approximately, in this -- inside the vehicle, looking for blood and putting your fingers first in the windows -- window of the driver's compartment. How long did you stay in this position?

# 137 A:

I felt like it was for five minutes, but I really couldn't tell you. It was probably a couple of minutes.

# 138 Q:

All right.

Did you look -- now, let's look and see. Let's try and determine where you looked.

Did you look on the dash?

# 139 A:

Yes, sir.

# 140 Q:

Did you look in the dash at that point?

# 141 A:

Yes, sir, I did.

# 142 Q:

Did you have occasion to look at the console?

# 143 A:

Yes, I did.

# 144 Q:

Did you have occasion to look on the driver's side door?

# 145 A:

Yes, I did.

# 146 Q:

Did you have occasion to look at the steering wheel?

# 147 A:

Yes, I did.

# 148 Q:

Did you look -- could you describe for -- Could you describe for us -- earlier, you got in and you looked to your rear. Did you look toward the rear of the vehicle, also?

# 149 A:

Yes, I did.

# 150 MR. LEONARD:

I think this is Plaintiffs' exhibit 172, Your Honor, is it?

MR. P. BAKER: This is criminal 172 which is Civil 211.

# 151 MR. LEONARD:

(Reading:)

You saw this during the lunch break today, did you, this 172?

# 152 A:

Yes.

# 153 Q:

Indicating the chart.

With the Court's permission, can you step down for a minute.

# 154 MR. LEONARD:

Your Honor, he's going to point where the witness did, with your permission.

# 155 (Mr. P. Baker approaches the board.)

# 156 (Reading:)

# 157 Q:

This is a mock-up of this particular vehicle and photographs around it.

I want to ask you -- specifically, let's start with this, this -- this area over here, which purports to be the middle photograph.

On the left-hand side of this particular exhibit it has photo card 22 and 23 thereon.

Do you recall looking at that area of the driver's-side door of the Bronco?

# 158 A:

Yes, I do.

# 159 Q:

Do you recall at the locations of 22 or 23, seeing any blood at all at these -- those labels when you looked at the Bronco on that date of June 21, 1994?

# 160 A:

No, I didn't.

# 161 Q:

I want you to look down at No. 34.

Do you recall looking in that general area, also?

# 162 A:

I remember looking in the area, but I don't remember seeing that mark. I mean, I don't remember looking at -- that's past the door, so I really don't think I looked that far into it.

# 163 Q:

All right. 22, 23, you're sure you looked at that?

# 164 A:

I looked at this, because I walked around the vehicle, when I came to the driver's side, and the door was open.

# 165 Q:

Now, you described for the jury, I believe, that part of the carpet was out at the time you saw it; is that correct?

# 166 MR. GELBLUM:

Cut out.

# 167 MR. LEONARD:

Was cut out. Excuse me. At the time you saw it?

# 168 (Reading:)

# 169 A:

Yes.

# 170 Q:

Where was that?

Would that be in the area of the driver's area?

# 171 A:

It was in the section right here. (Indicating.)

# 172 Q:

He's indicating in the center, Your Honor, the area of the carpet in the -- near where there would be No. 33 there.

# 173 Q:

Area 33 there?

# 174 A:

Correct. Right there.

# 175 Q:

Now, at some point, you described for us that you looked at item -- you looked at the steering column; is that correct?

# 176 A:

Yes, sir.

# 177 Q:

You see the photograph on the top there, left.

Did you at any point look at the area of the steering column?

# 178 A:

Yes, I did.

# 179 Q:

And at any time on that date of June 21, did you see any -- what appeared to be blood on the steering column?

# 180 A:

No, I didn't.

# 181 Q:

Now, did you in any way touch the steering column that day?

# 182 A:

Yes, I did.

# 183 Q:

And describe that for the jury.

At what point did you touch the steering column?

# 184 A:

If I remember correctly -- it's been a year and three months when I walked into the vehicle -- I grabbed the steering wheel to pull myself inside. And I sat down in the vehicle, and I held the steering wheel for a short period of time.

# 185 Q:

And so we have this sequentially correct, let me back up for a moment, if I might.

You had been in the driver's compartment; is that correct?

# 186 A:

Yes.

# 187 Q:

And you told us you stayed in there for what appeared to be five minutes, it may have been less; is that right?

# 188 A:

Yes, sir.

# 189 Q:

And you told us about your observations from that location, right?

# 190 A:

Yes.

# 191 Q:

At that point, did you have occasion to get out of the driver's compartment of the vehicle?

# 192 A:

Out of the driver's --

# 193 Q:

Strike that.

Out of the passenger compartment of the vehicle?

# 194 A:

Yes, I did.

# 195 Q:

All right.

When you did that, where did you go, if anyplace?

# 196 A:

I walked around the vehicle, but I stopped at the window on the side which you don't have on here. And again, I looked for fingerprint dust, and I put my fingers again on the glass.

# 197 Q:

Now, so that we're clear and the jury has a picture of where you put your fingers, this was on the right side of the vehicle or the rear of the vehicle?

# 198 A:

The right side of the vehicle, the glass in the back, which is the biggest glass that shows.

# 199 MR. LEONARD:

Over to 43993.

# 200 (Reading:)

# 201 A:

I went around the vehicle and I went to the driver's side. The door was open. And I looked on the ground. I looked at the rug, and at that point, Andrew and I decided that -- that probably where all the blood was, was on the rug, because it was cut out and it wasn't there.

# 202 Q:

You didn't see any rug at that point, right?

# 203 A:

Excuse me?

# 204 Q:

You didn't see any carpet or rug there at that point; is that right?

# 205 A:

No, sir.

# 206 Q:

So didn't you then have occasion to get inside the vehicle? What did you do?

# 207 A:

I got inside the vehicle. Again, I looked over at the console to my right, and I looked back. And then at that point, I got out of the vehicle, and we left.

# 208 Q:

How long did you --

Did you actually get in and sit down inside the driver compartment on the left side?

# 209 A:

Yes, I did.

# 210 Q:

Is that a yes?

# 211 A:

Yes, sir. I'm sorry.

# 212 Q:

Okay.

How long did you remain in the driver's compartment on the left side, sir?

# 213 A:

About half the time that I was in the front and on the driver's side on the passenger side, so about two minutes.

# 214 Q:

Okay.

# 215 A:

Minute and a half.

# 216 Q:

While in there, did you do something and touch the steering wheel?

# 217 A:

Yes, I did.

# 218 Q:

Did you have occasion to examine the steering wheel to see if you saw any red spots on it?

# 219 A:

Well, I looked at the steering wheel. But as you can see, the steering wheel is black, so I couldn't tell you if there was anything on there. But I didn't look at it and -- but I didn't see any blood.

# 220 Q:

You didn't see any blood?

# 221 A:

No, sir.

# 222 Q:

Okay. All right.

Now, I want to specifically address your attention to the console.

On the upper photographs on the far right, there is a photographic card number 30 and 31, and to the left of those are 30, and appear to be some kind of red smudges.

As you sat in the vehicle on the right side, the passenger side, did you have occasion to look down at that console depicted there in that photograph?

# 223 A:

I looked at the console twice; once I was in the vehicle and before I entered the vehicle.

# 224 Q:

At any time, were -- any point where you sat in that vehicle or before you got in that vehicle, did you ever see any red or blood spots at the items 30 and 31 inside the Bronco at that date?

# 225 A:

No, sir.

# 226 Q:

You looked specifically for it; is that correct?

# 227 A:

Yes, sir.

# 228 MR. LEONARD:

Down to line 24, 43996.

MR. P. BAKER: Okay.

# 229 Q:

Did you see any red spots when you looked at the console in that particular area of the photograph there, 303 and 306, sir?

# 230 A:

I would have to look at -- 303 is there, and 306 is this one?

# 231 Q:

Yes, the one right next to it.

# 232 A:

Yes, I did.

# 233 Q:

Did you see a blood spot there?

# 234 A:

No, sir.

# 235 Q:

You did not?

# 236 A:

No, sir.

# 237 Q:

You looked there?

# 238 A:

Yes, sir.

# 239 Q:

And this is as you were actually looking for blood; is that right?

# 240 A:

Yes, sir.

# 241 Q:

Now, with regard to the dash, there's a photograph here in the upper left-hand corner, number 24.

Do you remember whether or not you saw any spots at all on the dash area of that vehicle, any red spots?

# 242 A:

No, sir; no, I don't.

# 243 MR. LEONARD:

Over to 43998, line 13.

# 244 Q:

Now, Mr. Blasini, during the time that you were inside that vehicle, either on the right side or the left side, the passenger side or the driver side, did you ever see any red spots resembling blood inside that vehicle at all?

# 245 A:

No, sir, I didn't.

# 246 Q:

And when you left that vehicle and you had left, at least you had on two occasions placed your fingerprints in the window of that vehicle; is that correct?

# 247 A:

Yes, sir.

# 248 MR. LEONARD:

43999, line 1.

You can retain your seat there.

MR. P. BAKER: (Resumes seat on the witness stand.)

# 249 (Reading:)

# 250 Q:

Now, Mr. Blasini, you've come here pursuant to subpoena; is that correct?

# 251 A:

Yes, sir.

# 252 Q:

And you've come here to testify because you've been subpoenaed; is that correct?

# 253 A:

Correct sir.

# 254 Q:

You did not volunteer to come forward, did you?

# 255 A:

Not at all, sir.

# 256 Q:

Is Mr. Adlen still employed in this same work -- line of work?

# 257 A:

Yes, he is, sir, as far as I know.

# 258 MR. LEONARD:

Over to 44 -- 44000, line 21.

# 259 (Reading:)

# 260 Q:

Now, with regard to that vehicle, you have described for the jury where that vehicle was located, I guess, in T2 on 1254 you described the vehicle was not locked; is that correct?

# 261 A:

Correct.

# 262 Q:

Before you got inside that vehicle on June 21, did you have to sign any kind of log or anything of that nature?

# 263 A:

No, sir.

# 264 Q:

Was anybody guarding that vehicle at that time?

# 265 A:

No, sir.

# 266 Q:

You just walked up and got inside the vehicle?

# 267 A:

Yes, sir.

# 268 Q:

Both you and Adlen?

# 269 A:

Yes, sir.

# 270 Q:

And while you were inside this vehicle for however long it was, five minutes, seven minutes, or whatever, was Bob Jones over there watching you while you were in the vehicle?

# 271 A:

Bob Jones walked over with us and then -- and then walked away to his office while we were looking at the vehicle.

# 272 Q:

So you were in there by yourself, right?

# 273 A:

Yes, sir.

# 274 Q:

And after you finished looking in the vehicle and making your observations, where did you go then, if you recall?

# 275 A:

Once we were done, I proceeded to pick up the paperwork from the vehicles that we had purchased, and I left.

# 276 Q:

And you were there in the normal course of your business to buy some actual vehicles from Viertel's; is that correct?

# 277 A:

Correct.

# 278 Q:

Now, in your work --

# 279 MR. LEONARD:

We're going over to 44002, line 10.

# 280 (Reading:)

# 281 A:

Yes, I have.

# 282 Q:

How often?

# 283 A:

Well, Pick Your Part purchases like 8,000 vehicles a month, so I do come across a lot of vehicles, and a lot of these vehicles are wrecked vehicles that were in accidents, so on, and you get to see a lot of blood.

# 284 Q:

You have done that in the past and seen that yourself?

# 285 A:

Oh, yes.

# 286 Q:

Now, with regard to the security, if any, around this particular vehicle, can you describe for us, to the ladies and gentlemen of the jury, whether or not there were any barriers or anything around this particular Bronco, as you went in and got inside of it on that date. Can you describe that for us?

# 287 A:

Yes, they do have. It's, like, the chain links that you see at the Banks that form the lines; that's what they use to block it off.

# 288 Q:

And where was that in relation to the Bronco?

# 289 A:

It was on the outside of the Bronco, all the way around the restricted area.

# 290 Q:

All right.

And when you went inside, how did you get past there?

# 291 A:

I think from -- I can't remember exactly, but I think there's an opening on either side that you can walk right through or you can just step right over it.

# 292 Q:

And that's how you just walked right in; is that right?

# 293 A:

Yes.

# 294 Q:

And there's nobody to stop you, right?

# 295 A:

No, sir.

# 296 Q:

In fact, Bob Jones was with you and walked away, right?

# 297 A:

Correct, sir.

# 298 MR. LEONARD:

Thank you very much for coming today, sir.

# 299 MR. LEONARD:

I have one other area. Over on page 44022, line 12:

# 300 (Reading:)

# 301 A:

Yes, ma'am.

# 302 Q:

And do you see areas where there are red smudges on that side on the passenger side of that console?

# 303 A:

I sure do.

# 304 Q:

You see it by the numbers there?

# 305 A:

Yes.

# 306 Q:

And at the time you were in the Bronco on June 21, where -- there were no numbers marking any spot; is that correct?

# 307 A:

No -- correct.

# 308 MR. LEONARD:

Over to page 44024, line 16, referring to the passenger console.

# 309 (Reading:)

# 310 Q:

You specifically looked at that part of the console; is that right?

# 311 MR. GELBLUM:

What page are you on?

# 312 MR. LEONARD:

44024.

# 313 (Reading:)

# 314 A:

When I first entered the vehicle, before I sat in the vehicle, I put my elbows on the seat to look inside, and I directly looked at the console, straight at the console. That's what I looked at.

# 315 Q:

You specifically looked at the console?

# 316 A:

Well, the Bronco sits a little higher than a regular car does. So when you enter the car, the seat's higher. So when you -- when you look in, you automatically see the console; you see the top of the seat almost parallel with the console.

# 317 Q:

And then did you put your elbows down on the passenger seat and stare at the console? Is that what you --

# 318 A:

I can't remember if I put my elbows or put my hands, but I know that I looked in first, before I entered the vehicle.

# 319 Q:

Okay.

And you looked specifically at the area shown in 30?

# 320 A:

I looked straight ahead, right.

# 321 Q:

Did you look at the area shown in 31?

# 322 A:

No, I didn't, not at that point.

# 323 Q:

Now, you're telling this jury that you did not see the red stain depicted in 31; is that correct?

# 324 A:

Correct.

# 325 Q:

You're not telling the jury it wasn't there?

# 326 A:

Correct.

# 327 Q:

You did not see the red stain mark in 30; is that correct?

# 328 A:

Correct.

# 329 Q:

You're not telling the jury it wasn't there?

# 330 A:

I didn't see it.

# 331 Q:

You're not telling the jury it wasn't there?

Can you answer the question I asked you, sir?

# 332 A:

Anything is possible, but I didn't see the marking.

# 333 Q:

You didn't see it; that's what you're telling us, correct?

# 334 A:

Correct.

# 335 Q:

You cannot tell us it wasn't there?

# 336 A:

It wasn't there when I looked.

# 337 Q:

You are telling us, then, is, it wasn't there?

# 338 A:

I looked. I didn't see the mark.

# 339 Q:

Now, if I told you that the photograph -- that the photograph was taken on June the 14th, a week prior to your getting into the Bronco, sir, would that change your opinion any?

# 340 A:

No, it wouldn't.

# 341 MR. LEONARD:

I don't have anything else.

# 342 (Mr. Gelblum now reads the questions, with Mr. P. Baker continuing to read the answers.)

# 343 MR. GELBLUM:

Just lines 1 to 3.

# 344 (Reading:)

# 345 A:

It was in the rear of the building.

# 346 MR. GELBLUM:

44006, line 19.

# 347 MR. LEONARD:

I'm sorry?

# 348 MR. GELBLUM:

44006, line 19.

MR. P. BAKER: Okay.

# 349 Q:

Now, you said you were looking for print dust?

# 350 A:

Yes.

# 351 Q:

Why were you looking for print dust?

# 352 A:

Because it was known that there was print -- that the vehicle was printed. There was blood in the vehicle. And that's basically what we heard, and we just took it for granted.

Vehicles that are in restricted areas usually have print dust on them.

# 353 Q:

And you saw print dust on the exterior of the car, did you not?

# 354 A:

I didn't.

# 355 Q:

You didn't?

You didn't see any print dust on the outside of the vehicle; is that right? Is that right?

# 356 A:

Right, correct.

# 357 Q:

Now, the vehicle was inside the building of T2, correct?

# 358 A:

Yes, ma'am.

# 359 Q:

It was not out in the sun?

# 360 A:

No, it wasn't.

# 361 Q:

When you got into that car, were you carrying a flashlight?

# 362 A:

No.

# 363 MR. GELBLUM:

Over to 44008, line 19.

# 364 (Reading:)

# 365 Q:

Now, you did not get down and inspect the driver's door panel with a flashlight, did you?

# 366 A:

No.

# 367 MR. GELBLUM:

Down to the next page, line 1.

# 368 (Reading:)

# 369 Q:

And you did not, when you got into the passenger side of the vehicle, bend down to inspect the console closely, did you?

# 370 A:

Not underneath, no.

# 371 Q:

When you were sitting in the passenger side of the car, your leg was parallel with the console; isn't that right?

# 372 A:

Yes.

# 373 Q:

Now, when you were looking at the steering wheel, sir, what effort did you make to inspect it carefully for blood?

# 374 A:

I didn't.

# 375 MR. GELBLUM:

44010, line 8.

# 376 (Reading:)

# 377 Q:

Now, you told us you were looking for print dust in the Bronco; is that right?

# 378 A:

Yes.

# 379 Q:

I take it that means you have seen print dust before?

# 380 A:

Correct.

# 381 Q:

You indicated, in fact, you had seen it before in the restricted area of Viertel's, correct?

# 382 A:

Correct.

# 383 Q:

And the area that the Bronco was parked in was a restricted area, was it not?

# 384 A:

Correct.

# 385 MR. GELBLUM:

It's Civil Exhibit 1749. This is Criminal Exhibit 528 A. Now, this photograph -- I'm sorry. 44011, line 20.

MR. P. BAKER: Okay.

# 386 (Reading:)

# 387 Q:

This photograph taken on June the 14, was shown to Mr. Meraz during his testimony.

Do you see the exterior of the driver's door?

# 388 A:

I sure do.

# 389 Q:

Do you see anything around the door jam?

# 390 A:

I sure do.

# 391 Q:

What does that look like to you?

# 392 A:

Looks like print dust to me.

# 393 Q:

Are you telling us, sir, you did not see that on June the 21st?

# 394 A:

I did not see it.

# 395 Q:

Doesn't mean it wasn't there, did it, sir?

# 396 A:

Correct.

# 397 MR. GELBLUM:

44020, line 5.

Exhibit 637, please, Steve.

# 398 (Exhibit No. 637 displayed on the Elmo screen.)

# 399 MR. GELBLUM:

You ready?

MR. P. BAKER: Yes.

# 400 Q:

The exterior portion where the driver's door handle is, did you look specifically into this area where the number 23 is?

# 401 A:

No.

# 402 Q:

So that we're clear, you are not telling this jury that there was no blood in that area which is marked with a number 23, correct?

# 403 A:

No, I'm not. I'm not saying that.

# 404 MR. GELBLUM:

Page 44023, line 1.

# 405 (Reading:)

# 406 Q:

Now, are you telling us when you sat on the passenger seat, sir, your leg would have been right up against the area marked by 30; isn't that correct?

# 407 A:

Correct.

# 408 Q:

And the area marked by 31, which appears to be to the rear of the console area, would have been blocked by your side; isn't that correct?

# 409 A:

If I was sitting on the seat, yes, correct.

# 410 Q:

Okay.

# 411 MR. GELBLUM:

44025, line 16. Exhibit 639.

# 412 MR. LEONARD:

Your Honor --

# 413 MR. GELBLUM:

44025, line 16.

# 414 MR. LEONARD:

It's already been read, Your Honor.

# 415 MR. GELBLUM:

Oh I'm sorry. You're right; you read that.

44027, line 1. Exhibit 640.

# 416 (Exhibit No. 640 displayed on the Elmo screen.)

# 417 Q:

Showing you another photograph now that's been, I think, previously shown, now it's got numbers in it, 303, 306. Do you see that?

# 418 A:

Yes.

# 419 Q:

Appears to be the console?

# 420 A:

Yes.

# 421 Q:

Bottom right-hand corner has the date September 1, 1994, correct?

# 422 A:

Correct.

# 423 Q:

Do you see red stains in the area of 303, 306, 304, 305 in this?

# 424 A:

I sure do.

# 425 Q:

And you're telling this jury you did not see any of those red stains when you were in the Bronco on June the 21st; is that correct?

# 426 A:

I didn't see 303 and I didn't see 306.

# 427 Q:

And you cannot tell the jury that 303, 304, and 305 were not there?

# 428 A:

Correct.

# 429 Q:

You didn't see them?

# 430 A:

I didn't see them, correct.

# 431 Q:

But they could have been there?

# 432 A:

Yes, they could have been.

# 433 MR. GELBLUM:

44029, line 6.

You can take that off.

# 434 (Referring to Elmo screen.)

# 435 (Reading:)

# 436 Q:

Now, Mr. Blasini, when you opened the car door, no interior light came on in that Bronco, did it?

# 437 A:

Not that I can remember.

# 438 Q:

I'm looking at glasses that you're wearing today. Are those prescription?

# 439 A:

No, they're not.

# 440 Q:

Did you wear those glasses back on June 21, 1994?

# 441 A:

No. I had regular sunglasses, dark sunglasses.

# 442 Q:

You wore those while you were inside the Bronco?

# 443 A:

No, I didn't.

# 444 Q:

Where did you take them off?

# 445 A:

When I entered the building.

# 446 Q:

And you're wearing tinted glasses today in court, aren't you?

# 447 A:

Yes, I am.

# 448 Q:

Why is that?

# 449 A:

I had radial keratotomy about seven years ago, and I get a glare from light, certain lights, fluorescent lights, sunlight, so I wear the tinted glasses.

# 450 Q:

And that happened seven years ago, sir?

# 451 A:

About seven years ago, yes.

# 452 Q:

Isn't it true, sir, that the area of the T2 where the Bronco was parked, has fluorescent lights?

# 453 A:

I think so, yes, but they're never on.

# 454 Q:

You're testifying to this jury they were not on -- on June the 21, 1994?

# 455 A:

A lot of times during the daytime, they don't have the lights on.

# 456 Q:

Are you telling the jury they were not on, on June the 21st, 1994?

# 457 A:

I couldn't tell you. I couldn't remember.

# 458 MR. GELBLUM:

Thank you. That's all.

# 459 MR. LEONARD:

Over to --

# 460 MR. GELBLUM:

I'd like to move in -- oh, you want to finish? Go ahead.

# 461 MR. LEONARD:

Yeah.

44028, line 2.

# 462 (Reading:)

# 463 Q:

And would it change your testimony any as to 303 and 306, the red stains on that area of the console, if I told you that photograph was taken on September 1, 1994, after you were in the Bronco?

# 464 A:

It wouldn't change my testimony.

# 465 MR. LEONARD:

Over to 44032, down at line 25.

# 466 (Reading:)

# 467 Q:

You didn't see any blood inside that Bronco, did you?

# 468 A:

No, sir.

# 469 Q:

In fact Mrs. Clark didn't ask you about number 299 there on B, by the window sill.

Can you see that where you are?

# 470 A:

No, I can't.

# 471 Q:

On June 21, 1994, this area, number 299 on that photograph here, did you see any red substance on that date in that area?

# 472 A:

No, I didn't.

# 473 Q:

Anything Ms. Clark asked in any way change your mind about you had not seen any blood on that date?

# 474 A:

No, nothing changes my mind.

KEY QUOTE

# 475 Q:

You've come here and told us the truth here today?

# 476 A:

I did, sir.

# 477 Q:

Pursuant to subpoena?

# 478 A:

Yes, sir.

# 479 MR. LEONARD:

Thank you, sir.

Temperature

procedural

Key Quotes (3)

Witness

No, sir.

Unequivocal denial of seeing any blood inside the Bronco on June 21, 1994.

Witness

No, nothing changes my mind.

Witness holds firm even after redirect by Ms. Clark, reinforcing the defense's implied suggestion that blood was planted post-June 21.

Witness

I did, sir.

Witness affirms truthfulness of testimony, and notably adds he appeared pursuant to subpoena — not voluntarily.

Evidence (3)

Informal

Photograph taken September 1, 1994 showing red stains at positions 303 and 306 on the Bronco console area

discussed to establish stains postdate witness's presence

Informal

Position 299 on Bronco photograph — red substance near window sill

discussed; witness confirmed they did not see it on June 21, 1994

44032

Transcript read-in reference, line 25 — prior testimony that witness saw no blood in Bronco

read into record

Notable Exchanges (1)

Dan Leonard•Witness

Leonard walks the witness through each stain location and confirms the witness saw nothing on June 21 — a clean, strategic confirmation of defense theory that blood appeared after the fact.

strategic

Objections

None recorded

Proceeding 8692 • 479 utterances • Prosecution witness

Civil Trial

Department 103