Direct examination of Douglas W. Deedrick (part 2)

📄 Direct examination of Douglas W. Deedrick (part 2) — Wednesday, November 13, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\13\DIRECT-EXAMINATION-OF-DOUGLAS-.DOC

TRIAL

▲ Day 14 of 57

◀ Jury brought in Sidebar: carpet fiber statistics ▶

Witness: Douglas Deedrick
Examiner: Dan Leonard
Called by: Defense • Date: Wednesday, November 13, 1996 • Utterances: 99

FBI fiber expert Douglas Deedrick testifies about the carpet fibers found in Simpson's Bronco, establishing their rarity by tracing them to an exclusive Ford supplier (Masland Industries of Carlisle, PA) and a specific post-May-1993 dye formulation. Through a series of production numbers, the testimony narrows the universe of matching vehicles from 136,000 total Ford vehicles down to 72,000 with the same dye batch, and approximately 14,000 Broncos — before the judge sustains a relevance objection and halts the line of questioning.

# 1 THE COURT:

You may resume.

# 2 Q:

(BY MR. MEDVENE) Agent Deedrick, with respect to the Bronco carpet fiber we were talking about -- well, let me step back.

When you find a carpet fiber, for example, that you determine matches certain evidence found at a crime scene, do you make an attempt to ascertain its uniqueness or rarity?

# 3 A:

Sometimes I do, yes.

# 4 Q:

And how do you go about doing that?

# 5 A:

Well, depends upon the type of fiber that I find, as to its cross-sectional shape, and again, based on my experience.

There are different carpet providers, carpet companies that make automobile carpet. And most of my contacts over the years have been with the automotive carpet producers within the United States, so I have contacts with a number of different people.

I also have contacts with fiber producers. So it's a matter of contacting them. I do have some familiarity with who produces carpet for certain types of vehicles, and there are contacts that I can reach out to for information.

# 6 Q:

To save time, cutting through everything you did, did you make a determination of what carpet company produced the carpet for Mr. Simpson's Bronco?

# 7 A:

That would have been Masland, M-A-S-L-A-N-D Industries in Carlisle, Pennsylvania.

# 8 Q:

And under what arrangement did they do it, and for what vehicle?

# 9 A:

Well, they have an exclusive contract with Ford and they produce that particular carpet for three types of vehicles. That would include the Bronco, full-size Bronco, the F series trucks, and the Econoline vans between 1992 and 1994.

# 10 Q:

And an exclusive contract means what?

# 11 A:

Well, they're the only providers. The carpet would be unique as to dye formulation, and as to the type of carpet, and as to that they produce only for Ford.

# 12 Q:

And the only producer to Ford of that carpet?

# 13 A:

For these vehicles, yes.

# 14 Q:

And you mentioned the dye formulation. The actual fibers are produced in great numbers by what company?

# 15 A:

Well, the fibers were produced by DuPont. And DuPont sells the yarn to Masland in undyed form; and they, in turn, will then make the carpet and then color the carpet to the specifications set out through the contract with Ford Industries.

# 16 Q:

And between -- strike that.

And did Ford, on the vehicles you described, have carpet in its vehicles in a number of different colors?

# 17 A:

There were four different colors, initially. They did change some of the colors during that same time frame between, '92 and '94.

# 18 MR. MEDVENE:

Now, could you put on the TV monitor, please, 516.

# 19 Q:

(BY MR. MEDVENE) Mr. Simpson's Bronco was what year, by the way?

# 20 A:

That was a '94.

# 21 Q:

And we put on 516. That I believe was up there before, but could you tell us during what years Masland utilized this carpet as exclusive to Ford, on the Bronco, F series trucks, and Econoline vans.

# 22 MR. LEONARD:

Your Honor, I think that misstates the testimony.

# 23 THE COURT:

Want to correct that?

# 24 MR. LEONARD:

Then was there was an additional vehicle that the carpet was in?

# 25 Q:

Can you -- could you tell us the three -- can you tell us the vehicles during 1992 and 1994, including the period Mr. Simpson's Bronco was made?

# 26 A:

Between -- between April -- I started in April of '92, this particular carpet with that fiber format was introduced. Between April of '92 -- and I ended in June of '94 because that's the date of the homicide -- they produced this particular carpet, as I said for the Bronco, the F series trucks. I think there were three different -- 150, 250, and 350 and -- well, not Econoline vans, so -- and the color was called medium mocha. It's a rose beige, but it's actually medium mocha.

They used that particular color and carpet, the name medium mocha, between those time frames. They didn't change the name medium mocha at all.

# 27 Q:

During the particular time period 1992 to 1994, while they didn't change the name, was there any change that affected the coloring of the mocha carpet that was in Mr. Simpson's vehicle?

# 28 A:

They changed the dye formulation in May of '93, still called medium mocha, but they altered the chemicals that went into the dye, the color that they ended up with.

# 29 Q:

And did you examine carpet samples before and after the dye change?

# 30 A:

Yes, I did.

# 31 Q:

And were you able to tell the difference?

# 32 A:

Yes, I was.

# 33 Q:

Now, you've told us, in referring to the 516, something about the carpet that Masland produced for the three Ford vehicles between '92 and '94.

Did they produce a different kind of carpet or a different design or color or carpet in 1991?

# 34 A:

Well, in '91, they had -- I think they may have called it medium mocha; I'm not sure. They had a different fiber shape; it was a DuPont fiber, but the cross-sectional shape was different, easily distinguishable.

I have a photograph of that.

# 35 Q:

Would you put on the board, please, 517.

# 36 (The instrument herein referred to as Dupont Fiber No. 1850 was marked for identification as Plaintiffs' Exhibit No. 517.)

# 37 Q:

(BY MR. MEDVENE) Could you describe for us what 517 is?

# 38 A:

Well, 517 is the '91 Bronco fiber. And it was, again, a DuPont fiber. It's 1850 nylon; I knew that. Thanks for the help (indicating to screen.)

That's DuPont 1850. They switched to 1405 for the -- '92 through '94. It's a different shape.

If you remember, that knobby end on the 1405 DuPont, 1850 is irregular and they used this a lot. This is high production-type fiber, and you find it in floor mats and you also find it in carpeting in a lot of different vehicles. I believe they sell it in residential, this particular shape.

# 39 Q:

Now, starting in '95, certainly sometime after June of '94, did Masland produce a different configuration carpet than produced and utilized in Mr. Simpson's vehicle?

# 40 MR. LEONARD:

Objection. Relevance.

# 41 THE COURT:

Sustained.

# 42 Q:

(BY MR. MEDVENE) Do you know the type of fiber -- Strike that.

Do you know the type of carpet utilized by Ford in 1995?

# 43 MR. LEONARD:

Objection. Relevance.

# 44 THE COURT:

Sustained.

# 45 Q:

(BY MR. MEDVENE) Going back, then to the April 1, '92, to July of '94 period, based on your investigation, did you make a determination on your examination of the carpet fibers -- did you make a determination whether the carpet in Mr. Simpson's Bronco was produced by Masland for Ford before or after the dye change?

# 46 MR. LEONARD:

Objection. Calls for speculation.

# 47 THE COURT:

Lay a foundation.

(BY MR. MEDVENE) Did you examine the Bronco carpet fiber produced by Masland between 1992 through June of 1994 -- Excuse me -- between April of 1992 to the dye change in May of 1993?

# 48 A:

I don't know if I understand the question at all. Can you repeat it?

# 49 Q:

Sure.

Did you examine the carpet, that carpet that Masland produced not Ford vehicles, prior to and after the dye change?

# 50 A:

I did, yes.

# 51 Q:

And did you conduct an examination to determine whether the carpet in Mr. Simpson's Bronco was produced by Masland prior to the May '93 dye change or after?

# 52 MR. LEONARD:

Calls for speculation.

# 53 THE COURT:

Overruled.

# 54 DOUGLAS DEEDRICK:

The fibers from O.J. Simpson's Bronco corresponded with the post-dye change, so it would have been after May of '93.

His vehicle was produced in October of '93.

KEY QUOTE

# 55 Q:

(BY MR. MEDVENE) And how did you make a determination that the carpet in Mr. Simpson's Bronco was produced after May of '93?

# 56 A:

Well, it was from a microscopic comparison and also color comparisons, dye formulation.

# 57 Q:

Now, I want to now deal with the period from April of '92 to June of '94 that you talked about.

Based on your communications with Masland, did you determine the total number of Ford vehicles -- and might I ask you to -- let's set up the board and maybe we can write a few numbers down on the board.

# 58 (Counsel displays writing paper.)

# 59 Q:

(BY MR. MEDVENE) Based on your communications with Masland, were you able to determine the total number of Ford vehicles -- that is, all Ford vehicles -- with medium mocha carpet between April of '92 and June of 1994?

# 60 A:

Yes.

# 61 Q:

And what was that number?

# 62 A:

136,000 vehicles.

# 63 Q:

Could you put that up on the board, please.

# 64 A:

Just write the number 136, or how would you want me to do it?

# 65 Q:

Well, why don't we put, just so it will be meaningful, because we'll be dealing with a few numbers -- why don't we just put "Ford medium mocha April 92, June 99, (sic) 136.

# 66 MR. GELBLUM:

June '94.

# 67 MR. MEDVENE:

June '94.

We ask that that be marked as next in order, Your Honor, which is, I believe, 2170.

# 68 (The instrument herein referred to as Handwritten chart by Mr. Deedrick was marked for identification as Plaintiffs' Exhibit No. 2170.)

# 69 Q:

(BY MR. MEDVENE) Now, of this total number -- if you wouldn't mind standing close to the board -- of this total number, how many of these were Broncos?

# 70 A:

26,000.

# 71 Q:

All right. And the remainder were what kind of car?

# 72 A:

Well, it would have been F series trucks and Econoline vans.

# 73 Q:

Those were the only ones that had this kind of carpet, right?

# 74 A:

That's right.

# 75 Q:

Now, you've alluded to it, but during the -- the '92 to '94 period and the -- and the production of the medium mocha carpet by Masland, was there a dye formulation change?

# 76 A:

Right. In May of '93.

# 77 Q:

And what do we mean by a dye formulation change? Was the carpet still referred to as medium mocha?

# 78 A:

It was.

# 79 Q:

And what do we mean, "dye formulation?"

# 80 A:

Well, they just changed the chemicals that went into the vat when they dyed the carpet.

# 81 Q:

Would a number of chemicals go into the batch that affect what the color is?

# 82 A:

Right. They had, I believe, four or five dyes that were used. And they weigh a certain amount of each and they put it into this big tub of water, and it dissolves. And they then take undyed carpet and roll it around in it for a period of time until it absorbs the color, and then that's the color they end up with.

# 83 Q:

That's unique to Masland 440 (sic)?

# 84 A:

Right. That's one dye batch. That's correct.

# 85 Q:

Now, given the fact that -- strike that.

Let me step back.

So 136,000 is the amount of vehicles with the medium mocha carpet between April of '92 and June of '94?

Did you make a determination of that 136,000, how many were made after the dye batch changed?

# 86 A:

I did.

# 87 Q:

And what was that determination?

# 88 A:

About 72,000 vehicles would have had the same type medium mocha, same dye formulation.

KEY QUOTE

# 89 Q:

Can you put that up on the board.

Now, would with that 72,000 number include Mr. Simpson's Bronco?

# 90 A:

His vehicle would have been included in that 72,000.

# 91 Q:

Now, how many Broncos of the type that Mr. Simpson had were produced between the time of the dye change, May of '93 and June of 94?

# 92 A:

Well, about 14,000.

# 93 MR. LEONARD:

Your Honor, I object. Relevance. Move to strike.

# 94 THE COURT:

What is the relevance of all of this?

KEY QUOTE

# 95 MR. MEDVENE:

The relevance is to show --

# 96 MR. LEONARD:

Your Honor, I object to any speaking explanation in front of the jury. If he wants to approach side bar --

# 97 THE COURT:

I'll sustain it. I don't see any relevance.

# 98 MR. MEDVENE:

May we approach the bench?

# 99 THE COURT:

Okay.

Temperature

procedural

Key Quotes (4)

Deedrick

The fibers from O.J. Simpson's Bronco corresponded with the post-dye change, so it would have been after May of '93. His vehicle was produced in October of '93.

Pins the Bronco carpet to a specific, narrower production window, reducing the universe of matching vehicles.

Deedrick

136,000 vehicles.

Total Ford vehicles with medium mocha carpet April '92–June '94 — the starting universe before further narrowing.

Deedrick

About 72,000 vehicles would have had the same type medium mocha, same dye formulation.

Narrows the matching pool to post-dye-change vehicles, the category Simpson's Bronco falls into.

Hiroshi Fujisaki

What is the relevance of all of this?

Judge's skepticism signals the statistical rarity argument may not survive — the testimony is cut off before Medvene can complete the narrowing to 14,000 Broncos.

Evidence (3)

Plaintiffs' 516

Chart or image related to Masland carpet production for Ford vehicles 1992–1994

displayed on TV monitor, referenced during testimony

Plaintiffs' 517

Photograph of DuPont Fiber No. 1850 — the 1991 Bronco carpet fiber cross-section, used as comparison to the 1992–94 DuPont 1405 fiber

introduced and described

Plaintiffs' 2170

Handwritten chart by Deedrick showing Ford medium mocha vehicle production numbers (136,000 total; 26,000 Broncos; 72,000 post-dye-change)

created in court and marked as exhibit

Notable Exchanges (2)

Medvene•Fujisaki•Leonard

After Deedrick testifies that ~14,000 Broncos were produced with the matching dye formulation, Leonard objects on relevance and Fujisaki sustains — then asks 'What is the relevance of all of this?' forcing a sidebar before the statistical argument can be completed.

strategic — defense successfully interrupts the narrowing-universe argument at a critical moment

Medvene•Fujisaki

Medvene attempts to establish that no other vehicles after June 1994 had the same carpet, to further narrow the pool; Fujisaki sustains relevance objections twice, blocking the argument.

procedural friction

Light Moments (2)

Deedrick / Medvene / Gelblum

Deedrick asks how to write the number on the board ('Just write the number 136, or how would you want me to do it?'), and Medvene/Gelblum audibly correct 'June 99' to 'June 94' mid-sentence.

Deedrick

Deedrick thanks someone off-screen for helping with the monitor display ('I knew that. Thanks for the help (indicating to screen.)')

Witness Demeanor

(indicating to screen) — gestures toward display while identifying DuPont fiber 1850

Asked to stand close to the board while writing production numbers

Objections

5 objections (3 sustained, 2 overruled)

Proceeding 8237 • 99 utterances • Defense witness

Civil Trial

Department 103