Defense calls Gilbert Aguilar.
GILBERT AGUILAR, called as a witness on behalf of the Defendant, was duly sworn and testified as follows:
You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
Gilbert Aguilar, G-i-l-b-e-r-t A-g-u-i-l-a-r.
DIRECT EXAMINATION BY MR. BLASIER:
I'm a forensic print specialist assigned to the Scientific Investigations Division in the latent print section.
Well, a latent fingerprint is the reproduction of the friction skin left on an object, which when you touch it, it's usually invisible and must be made visible using fingerprint powders, using chemicals, or you could use a laser.
When I talk about friction skin, I'm talking about the skin found on your fingers, the palms of your hands. You also have friction skin on your toes and the soles of your feet. It's different than the other skin on your body, where it has these ridges that flow across them.
The unique thing about these ridges is they don't just flow from one end to the other, what they do is they'll flow and they will stop. At the point where they stop we call those ending ridges. Another thing these ridges will do is they will flow and they will divide into two ridges. At the point where they divide we call those bifurcations, because -- everybody has these ridge endings and bifurcations throughout their entire friction skin, but what makes a print unique, a fingerprint unique, is where they are in relationship to each other.
When you use the term "unique," are you talking about the ability of latent fingerprints to, under some circumstances, uniquely identify a single person?
Now, you were -- at some point you were assigned to examine fingerprints that were collected at 875 South Bundy after the Simpson homicide, correct?
Could we show a board here.
THE COURT REPORTER: Do we have a number on that?
MR. P. BAKER: That exhibit number is 4 --
To orient yourself, this appears to be an overhead view of the crime scene at 875 South Bundy?
Now, is it correct that there were 17 latent fingerprints found in the area of 875 South Bundy by the specialist who took those latent prints?
1303 is a two-page document. It's a homicide investigation report. Wherever a homicide has occurred, and we respond to that homicide and recover latent prints, we'll document where the prints were recovered on this, and hand it over to the investigator.
Now, when you receive the latent fingerprints that have been obtained, you compare them to known individuals to see whether or not they match up?
Are there other ways that you can compare to determine whether you can identify the person who left the fingerprint?
Well, the other method would be through the fingerprint computer which is called AFIS, the Automatic Fingerprint Identification System, and we're able to run somebody's fingerprints through the system to find out whose prints they are if the person has a record or has applied and had their prints on file, it should match it up.
And one thing about the AFIS system, it only -- you can only run fingers; in fact, just the first joint of the finger. The computer cannot read the second or third joint of the finger or palm or footprints.
Now, in this case were you asked to compare the 17 latent fingerprints that were found at the Bundy scene with various known individuals?
And did that include any of the police officers that might have been at the scene at 875 South Bundy?
And is it accurate that Mr. Simpson's -- that none of these 17 latent fingerprints were identified as coming from Mr. Simpson?
KEY QUOTENow, I'd like to go through just 1 through 17, and could you tell us -- you may want to use the pointer, if you could, where each one of these 17 prints was located and what you were able to determine about each one?
Sure, if you like, use the original lifts.
Before you do that, let me ask you a question.
What's another difference between an identifiable latent fingerprint and an unidentifiable latent fingerprint?
An identifiable latent fingerprint means there's enough in the print to positively identify, if you had somebody's prints, if you had their inked fingers or inked palms.
A non-identified print or unidentifiable print means the latent print itself lacks sufficient characteristics to positively identify that print to an individual.
Is it accurate that among the 17 prints that you're going to tell us about there are some of both kinds?
And there are some that you have been able to identify as being associated with a particular individual, correct?
Okay.
Could we start with No. 1, and perhaps if you like, you can step down and indicate on the board where each one came from and what you were able to tell about it.
Okay.
No. 1, the latent print was recovered from the inside front door frame. That would be the same -- the door frame as in where I'm indicating up here.
So it's been compared to everybody that you mentioned, as well as the search of the AFIS system?
No. 3 was located at the same location where print No. 2 was, from inside the front door near the doorknob. There was also a palm print and that print was -- also has not been identified.
No. 4.
No. 4 came from the same location of where print No. 1 was from, the door frame, and it's a palm print so it wasn't able to be run through the system. And also, that print was not -- it has not been identified and it is an identifiable print.
No. 5.
No. 5 came from a hand rail outside of the residence, was near the front door location, so it's about right in this area where there's a hand rail.
That print is a palm print and that print is non-identifiable, which means we'll never know whose it is.
No. 6 came from -- from a hand rail from the outside of the location near the front entrance.
There's a hand rail near the front entrance of the location.
This print is a finger, and this print was identified to one of the photographers that is employed by the police department out there, Mr. Goodwin.
No. 7 came from a post, a top of a gate post that is between -- I believe the gate post is about right in this location or it was near a gate, the small gate. I believe it's right over here.
Right. It's a small gate. It was on top of the post. This print was also non-identifiable which means we'll never find out who this print belongs to.
No. 8 was from a hand rail. Right at the stairs, stairs coming down, there was a hand rail.
Now, when you say some of those will never be identified, can you say whether or not Mr. Simpson could be eliminated?
Okay. You can't.
Basically, there's just not enough information to tell anything about them?
The next one was also from the hand rail, from a rail near the front of the house.
This print is also a print that is non-identifiable.
The next one was from the -- outside the gated entrance to the front of the house, the gate right here. That print was recovered from there. And this print was -- in fact, there's two fingers on it, the left index and left middle finger of Detective Ron Phillips with the Los Angeles Police Department.
The next one was recovered from inside the house; it was the outside of the bathroom door between the living room and the kitchen. There's a -- I believe it was a small bathroom.
There was a small bathroom right around this location, between the living room and the kitchen, and it was on the south side of the door.
And this print is identifiable. In fact, it was identified to a Faye Resnick.
The next one was off of a package of Marlboro Lights that was found in the master bedroom on the back of the toilet.
This print was identified to Nicole Brown.
So you described all of the latent prints that were obtained from the Bundy scene, correct?
Okay.
And of those 12, to summarize, how many of those were identifiable but you couldn't identify the source?
Now, when you say the other -- the other, I guess, five prints were from vehicles, you're talking about vehicles that were at 875 South Bundy?
Why don't you tell us about each of those five, what you were able to determine, what vehicle they came from?
Yes. Three of them came off of a white Ferrari; got a print off of the hood, a print off the driver side -- the outside of the window, another one off of the Ferrari, off the driver side on the front door.
They were -- all three prints were all identifiable and all three have not been identified.
Yes. The other two were recovered from a Jeep Cherokee, black in color, both prints recovered from the outside passenger side, rear fender. Both are palm prints, both are identifiable, and both of them have not been identified.
So what would be, of the 17 prints, the total number that were identifiable, but Mr. Simpson has been eliminated from, and you've not been able to identify the source?
(BY MR. BLASIER) Mr. Aguilar, was there ever any attempt to check the -- either the back gate or the front knob on the front gate for prints?
The back gate, yes. The knob, I don't remember. I'm sure it was, but knobs are very hard to get prints off of.
Is it accurate that Mr. Simpson's -- that none of these 17 latent fingerprints were identified as coming from Mr. Simpson? That's correct.
Nine.
A non-identified print or unidentifiable print means the latent print itself lacks sufficient characteristics to positively identify that print to an individual.
Was there ever any attempt to check the -- either the back gate or the front knob on the front gate for prints? ... And were there any identifiable prints on the back gate? No.