(BY MR. MEDVENE) Would you be good enough to walk up to the chart and orient the jury if it's appropriate by moving the picture to depict where the carpet was found in the vehicle and where the blood was found?
And you're approaching it with the size 46 sole?
The carpet -- this piece of carpet is the driver's side carpet. This would be the driver's side of the vehicle, so when you open the door, the edge would be along this side. So if I can turn this chart now on the edge, okay, and this area, this would be the edge along the door, so that the door would be opening in this manner. And stepping into the vehicle, whether it be with your left foot or right foot, and this vehicle of course, being somewhat higher than a passenger vehicle, the foot would go somewhere in this area. There would be the metal strip that once covered the carpeting right here, the threshhold plate as you open the door, and the portion here which you can see here is the curve portion that contours up behind the pedals. And to the right of it, up at the top would be where it goes over the console in the middle. That's why it's cut that way, because it was over a contoured area. So this area here would be where the first foot strike normally would be for most people in the vehicle.
It's --
MR. P. BAKER: Your Honor, I object, there's no foundation that he can testify as an expert.
It's an area that would be at the front door side corner of the rubber mat which is part of the carpet. And it's a purplish area which has resulted from the leucocrystal violet reaction of the blood.
There are also numerous other areas, drops of that same reaction, but this is the area here which I examined as a potential footwear pattern.
You're circling the area at the bottom the way I've placed it where you say that there was -- blood was enhanced so we can now see it?
In making the comparison, I attempted to make a comparison such as I did before with the soles and the test impressions which predominantly are the raised areas of the shoe, and show the recognizable design elements, and the border, and those features which I have previously testified to.
In this particular case, those were not evident in this stained area. But there were some features such as this area right here, and a couple parallel lines here, and what I call a squiggle or kind of a step up line which could represent the groove area between the design elements. That was the extent of what I was us able to observe.
MR. P. BAKER: I move to strike, speculation.
Overruled.
(BY MR. MEDVENE) If there is no impression that you're able to see from the raised areas of the sole, does that mean there's no more blood from the sole of the shoe?
No, it doesn't mean there's no more blood on the sole of the shoe. There could be blood up in the depressed areas and clinging to the edge of this perimeter, up in the cracks and so forth, but not that would normally make contact on a hard surface and leave an impression. Nevertheless, there could be some remaining areas which have blood, which is protected by those recessed areas.
And in your experience, over all the years you've been doing this examination, would that -- might that blood if it is in the crevices of the design element, what affect would stepping down on the carpet have on the release of the blood?
MR. P. BAKER: Speculation, "might that."
You've explained to us how blood, while not on the design elements, might be in the crevices.
What affect, in your opinion, would it have if one stepped down on a plush carpet such as in Mr. Simpson's Bronco, and there was blood in the crevices of the design area?
MR. P. BAKER: Leading.
If there was any remaining blood that was up in the grooves, then on this particular carpet which was very thick and spongy, in other words, the nap of the carpet was sufficiently thick that just a normal stepping on this carpet, that material of the carpet would go up in these grooves, there certainly would be the potential of it removing the blood now from those recessed areas and transferring it to the carpet and resulting in these marks here.
I'm going to approach and give you an overlay of a left 46 Bruno Magli and ask if you could apply that overlay to the blood area on the Bronco and tell us what, if anything, that demonstrates?
MR. P. BAKER: Objection, Judge, 352. He can't identify it.
See it a little bit better.
The first area that I pointed to was this area here which is a strip of dark area which is reacted with the blood and slightly curved. The two borders that print out in the shoe impressions representing the outer perimeter of the sole and the border which surrounds the design element can be placed over that area, and the width of this mark is the same size as that border.
Can I hold you up?
Can you make a mark on the exhibit and just back up for a minute.
I apologize.
And is circle where you first described it?
There are also two lines right here which are parallel lines, which is also if there is a lesser amount of blood the way that the inner and outer border of this shoe has printed, and those are two other areas that I noticed.
The other area was what I described as the shape of the area between rows of design elements, which is sort of a step down effect or a squiggle effect. It would represent the shape of the grooves between the design elements. And that area is right here.
Of all the impressions that you examined in the photos of the Bundy crime scene taken June 13, that's including the walkway, the closeup of the tiles, the clothing, individual papers or other things that were photographed, did you see any shoe design other than the Bruno Magli size 12 shoe design that you have previously described to us?
KEY QUOTEDid you have an opportunity to compare a pair of shoes that belonged to Mr. Simpson and the Bruno Magli size 12?
I place before you what's been marked 404, and represent that as a matter of record these are a pair of Reebok shoes, belonging to Mr. Simpson, that he gave to Detective Lange.
And I ask you if you compared those shoes with the size 12 Bruno Magli that's contained in Exhibit 395?
Yes. I compared the Reebok shoes, left and right Reebok shoes, with the Exhibit 395 Bruno Magli. The Bruno Magli, as I have described, or will describe, these soles are compression molded, they're known as a cup sole, they're sort of like a cup, if you poured water into them, and they're attached to the bottom of the shoe by literally placing the lasted shoe, the completed upper to them, and through glue and stitching they're applied.
The Reebok is a similar construction. It's also a cup sole. It's known as a half cup sole because the toe area -- the middle which is just flat, but the toe area and heel area are cupped. They have variations of this known as cup half cup, three-quarter cup, so forth. So the general construction is compression molded cup sole construction. So even though the Reebok is an athletic sole, its manner of manufacture makes it a comparable shoe to compare with the Bruno Magli.
And I made a comparison of the external sole dimensions -- linear dimensions, and the internal measurement of the shoes, and found that they were virtually identical; that the Bruno Magli shoe and the Reeboks, if you place them one over another, you can line up their soles from heel to toe, left to right, and they fit as well as you could possibly expect.
It's the same size internally. It reads a size 12, U.S. size 12, as well as the European 46, size 12 Bruno Magli, and it's physical dimensions and characteristics for comparability are the same, yes.
Well, if you were hoping to finish today that's possibly not going to happen.
Okay. Ten minutes, ladies and gentlemen.
For the record, I'd like to note that these exhibits that are being moved in are by reference, and their numbers are 401, 412A through O, 413, 414, 415, 411, 410, 416 and 404.
(BY MR. MEDVENE) Since Mr. Baker didn't bring his mail in let's use this board here. Let's quickly go through it.
The top left-hand corner of the chart is a picture of the Bruno Magli catalog depicting the Lorenzo style of shoe, and also provides information about the Lyon as well, and it shows a profile of the Lorenzo, which is the high bootie top, the Lyon which is the standard cut around the heel. It gives the 6 style numbers for both the Lorenzo and an additional 6 for the Lyon, with a different style number for each color that I previously mentioned, the brown, black, white, olive, brandy and blue.
And so that -- the Lorenzo is represented in this particular picture. And that shoe was distributed, as I previously stated, through 40 stores in the U.S. and Puerto Rico.
In particular, Lorenzo and Lyon styles in size 12, only 299 were ever sold at those 40 stores from 1991 to '93, so it was a very limited production shoe in this country.
The design of the shoe -- some of the items of which I may have overlapped with prior testimony, the upper has various cut components which are stitched together. Those stitches represent seams; sometimes they have an accordian-like design under the seam, and other times they are just straight seams. And there are other various characteristics of the upper such as the laces, the color, the texture of things that can be observed, and the sole itself has a profile to it in terms of the high and low spots that cause different contours that are observable around the sole. The cut corner, not inner side of the heel. The raised heel itself, the design on the bottom and so forth.
So this shoe has very distinctive features both in the upper and in the sole which make it distinct and recognizable as that design.
This chart represents a whole variety of designs of shoes. Starting with this picture of the New Balance athletic shoe representing athletic shoes.
Athletic shoes typically are lighter color materials, mixtures of colors and materials, they have logos on them, they have a lot of different things, features in them, such as heel counter devices and different gimmicks and things to cause support, and so forth, and typically your athletic shoe does not look anything like this Lorenzo shoe.
Likewise, if you look at the boots, whether that's this type of boot, which is kind of a semi-high work boot which has a totally different shape construction and look to it, obviously the components in the stitch seams and the sole are different.
Or even a cowboy boot, which is not pictured here, which is distinctly different looking. Or if you look at dress shoes, whether they have tassels or whether they have buckles or laces. Patterns across the top toe, all of these shoes represented throughout this board, they all have distinctly different seams, colors, textures, laces, buckles, tassels, different types of soles which make them easily distinguishable from this particular design of shoe, the Lorenzo Bruno Magli shoe.
What I want to move to now then is what's marked as 2211, the picture of Mr. Simpson. And previously there was discussion of a photograph taken by Mr. Scull, that he testified was taken of Mr. Simpson on September 26, '93, prior to a Buffalo/Miami football game.
Using what you just explained to us and what you've explained to us today, I want to deal with that chart now, and whether or not you have an opinion as to whether Mr. Simpson, in that photo, is wearing a Bruno Magli shoe.
Was this chart, that's 2211, prepared under your direction?
If I may start to answer your question, the chart has numerous photographs on it that are numbered 1 through 8. It may be easier if I start with number 2.
2 is an enlarged contact sheet. And a contact sheet is in this fashion was made by placing the negative strip which consisted of negative number 1, and number 2 --
I'm going to object to how this contact sheet was made. He has no firsthand knowledge of this.
You may stipulate the explanation on contact, we've already heard the testimony of contact prints from another witness.
Could you take me or could you point to the particular photographs on the board that you used as a basis for your opinion whether or not Mr. Simpson in photo number 1 is wearing a pair of Bruno Magli shoes?
Yes, photograph number 1 is an enlargement of the content of negative 1 as depicted in Item number 2.
Item number 3 is a slightly larger area of the legs and shoes taken from the same negative of Mr. Simpson negative number 1.
Item number 6 and Item number 4 are 8 by 10 photographs of the right and left shoes of Mr. Simpson from the same negative, but they are printed so that the darker shoes and pants show up better. In other words, they are printed with a different exposure so that these dark areas now show up light and allow for us to examine the seams, and sole design, and other features in the shoes, whereas in the print that's made for the overall exposure, they appear in dark.
Number 7 is a photograph taken in the studio, under my direction, of Exhibit 395, the right Bruno Magli Lorenzo shoe, and the approximate position of the right shoe as depicted on the right leg of Mr. Simpson in negative number 1.
Item number 5 on this chart is a computer print taken directly of negative number 1 of the lower area or bottom area, beneath the toe of the right shoe.
Again, identical. And taken from negative number 1.
And to the right, Item number 8 is a left and right profile, just for reference purposes of Exhibit 395, the Bruno Magli Lorenzo shoe.
In examination, I made or caused to be made these prints for the purpose of comparing the detail on the shoes in this photograph with the known standard, the 395 Bruno Magli Lorenzo shoe.
I observed numerous features during the comparison and I have numbered them specifically on Items 4, 5 and 7.
We'll begin with numbers 1, 2, 3, 4, 5 through 11, which point to features on the sole of this shoe which I observed.
Looking at number 7, which is the 395 shoe, number 1, 2 and 3 refer to the raised area above the -- stitching above that runs around that shoe. Number 2 is actually the stitching area, the depressed area, and then below that is another raised area so that number 1 and number 3 are actually the raised areas and number 2 is the depressed area where the stitching is in this shoe.
Number 4 is the area below that which is a broader area, which again runs around the perimeter of the shoe.
Number 5 is the next area below that, which is also a broad area and which continues around beneath the shoe until it meets that border, which encompasses the design elements underneath.
Number 6 is that border -- that border, that very thin line that runs around the design element.
Looking at those characteristics up to 1 through 6, and looking at the photograph of Mr. Simpson at the Buffalo football game, and the picture, which is number 4 -- Item Nos. 1 through 6 are visible and correspond with the features in the Bruno Magli Lorenzo shoe.
Next, looking at Item number 7, there are features of the shoe, the design elements, which are visible in that photograph. Those design elements are also visible and are pointed to by number 7 in the photograph of Mr. Simpson's right shoe at the Buffalo football game.
To further enlarge and enhance that specific area, Item number 5 is a computer print. And that computer print is made utilizing the computer and printing emphasizing the red highlights of that, because the foot is over the red area of the field.
And this shows in a slightly better fashion the design elements and those correspond with the design element positions and the general pattern of that on the right Bruno Magli Lorenzo shoe.
Continuing on, number 8 is the curve which is in the arch area of this sole. It's this curve right here, and it can be seen at this three-quarter shot of the sole marked by number, and also in the photograph of the Bruno Magli Lorenzo shoe taken at the football game of Mr. Simpson.
Number 9 refers to the cut corner. And the cut corner, because it's cut off from the side, shows up as an angle. And this is visible and is referred to as number 9 in the photograph, under number 7 here, of the actual 395 shoe, and also by number 9 in the photograph of that shoe at the Buffalo football game.
Number 10 refers to the curvature, the meeting of the bottom area and the contoured area, and the angle of that area when you look at the heel area of the Bruno Magli shoe, and that same contour and combination can be seen in number 10.
Number 11 refers to the manner in which this sole raises up in the heel area. In this area, as it goes up, it's a little bit thicker, and at the angle that shoe is photographed, this thickness can be detected, and this is pointed to by number 11, and it's also visible at number 11 in the photograph of the shoe at the Buffalo football game.
Item number 12 through 18 refer to the seam positions and their directions in the upper of the shoe again.
Item number 7 depicting the actual Exhibit 395, Bruno Magli Lorenzo shoe.
Number 12, referring to a seam in the back, in front of the heel. This would be this area here.
And number 12 pointing to that same seam in the photograph in the football game.
Incidentally, prior to your analysis of the pictures printed of Mr. Scull's negatives, were the negatives, to your knowledge, examined for authentication by a photographic examiner?
MR. P. BAKER: Objection, hearsay.
Was that examiner, to your knowledge, formerly the head of the Federal Bureau of Investigation Photographic Unit that's among it's duties was the examination of negatives for authentication?
MR. P. BAKER: Objection. Can we approach on this?
Okay.
MR. P. BAKER: This is all prejudicial. It's hearsay and it's irrelevant. If they want to bring in the guy who examined the photo, then they can bring him in. They can't put it through the back door through Bodziak is what I'm trying to say. He examined and he had all these qualifications. If he examined it, if he found it authentic, they have to bring him in.
Well, I think one expert can rely on another expert's opinion in a particular area, Your Honor, and all he's testifying to now is that the man that examined the negative for authenticity just when he formerly worked. It's my last question, incidentally.
The theory is they're going to cross-examine him in this particular and he's entitled, we believe, as an expert, to say that this negative -- all we're saying is that that negative, prior to his examination, was sent to a separate expert to examine.
The other side -- the other side has taken the position, and if the Simpson side puts on evidence -- there's no evidence now that the picture's other than authentic. If they put on any evidence in their case, we can rebut -- well, there's nothing for him to testify at this time about.
MR. P. BAKER: Judge, they know we already have an expert who says there's 16 inconsistencies with that photograph. If they want to bring in their guy, they can bring him in. Now, Mr. Bodziak, at his deposition, testified that he wouldn't tell this jury --
We just ask to strike what.
MR. P. BAKER: The question and the answer -- the question --
The question and was it submitted to another expert for authentication, and yes, that may remain. Whether it's authentic or not, that's stricken.
MR. P. BAKER: Okay.
The Bruno Magli shoe and the Reeboks, if you place them one over another, you can line up their soles from heel to toe, left to right, and they fit as well as you could possibly expect.
Lorenzo and Lyon styles in size 12, only 299 were ever sold at those 40 stores from 1991 to '93, so it was a very limited production shoe in this country.
Item Nos. 1 through 6 are visible and correspond with the features in the Bruno Magli Lorenzo shoe.
Of all the impressions that you examined in the photos of the Bundy crime scene taken June 13 ... did you see any shoe design other than the Bruno Magli size 12 shoe design? No, I did not.