Direct examination of Susan Brockbank

📄 Direct examination of Susan Brockbank — Tuesday, November 5, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\5\DIRECT-EXAMINATION-OF-SUSAN-BR.DOC

TRIAL

▲ Day 9 of 57

◀ Witness oath and identification Recess ▶

Witness: Susan Brockbank
Examiner: Peter Gelblum
Called by: Plaintiff • Date: Tuesday, November 5, 1996 • Utterances: 540

Susan Brockbank, a criminalist 3 with LAPD's Scientific Investigation Division, testified about her collection of hair and trace evidence from key items in the case, including both gloves, the Bundy knit cap, Ron Goldman's clothing, and items from OJ Simpson's Bronco. She described her chain-of-custody procedures and walked through Exhibits 464 and 484 — summary charts documenting trace evidence collection and hair exemplars — before explaining how she personally delivered a large batch of items to FBI hair and fiber analyst Douglas Deedrick on August 8, 1994.

# 1 Q:

Good afternoon, Mrs. Brockbank.

# 2 A:

Good afternoon.

# 3 Q:

For whom do you work?

# 4 A:

I work for the City of Los Angeles.

# 5 Q:

What division?

# 6 A:

The scientific investigation division of the police department.

# 7 Q:

How long have you worked for the scientific investigation division?

# 8 A:

About nine and a half years.

# 9 Q:

What did you -- What was your first job there?

# 10 A:

I worked in our toxicology lab.

# 11 Q:

What level were you?

# 12 A:

I was a criminalist 1.

# 13 Q:

Okay. And did you subsequently advance to criminalist 2?

# 14 A:

Yes, I did.

# 15 Q:

When was that?

# 16 A:

About 18 months after I came on the job.

# 17 Q:

Is that an automatic advancement?

# 18 A:

Yes.

# 19 Q:

As long as you're there after 18 months?

# 20 A:

Yes.

# 21 Q:

Did you subsequently advance to criminalist 3?

# 22 A:

Yes, I did.

# 23 Q:

When was that?

# 24 A:

I believe it was about three years ago. I'm not sure of the date.

# 25 Q:

Is that also an automatic advancement?

# 26 A:

No, it's not.

# 27 Q:

What's that based on?

# 28 A:

It's based on a promotional exam.

# 29 Q:

Merit promotion?

# 30 A:

Yes.

# 31 Q:

How many criminalists 3 are there at SID?

# 32 A:

There are ten positions for criminalist 3.

# 33 Q:

So in June of 1994, what position did you hold at SID?

# 34 A:

At that time, I was a criminalist 3.

# 35 Q:

Did you work in a particular unit in June 1994?

# 36 A:

Yes.

# 37 Q:

Which unit?

# 38 A:

I worked in the trace unit.

# 39 Q:

What is the trace unit?

# 40 A:

It's the unit of the lab that performs analysis on things like hairs and fibers, shoe prints, tire tracks, tool marks, paint, glass, just about any kind of physical evidence that might be found at a crime scene.

# 41 Q:

All that kind of physical evidence is included within the term "trace?"

# 42 A:

Yes.

# 43 Q:

When did you start in that unit?

# 44 A:

In December of 1989.

# 45 Q:

Did you, in June 1994 and subsequently, do some work on the investigation of the deaths of Ron Goldman and Nicole Brown Simpson?

# 46 A:

Yes, I did.

# 47 Q:

Did you collect hair and trace evidence?

# 48 A:

Yes, I did.

# 49 Q:

Did you collect hair and trace evidence in that case from various items of evidence that had been collected from the Bundy crime scene?

# 50 A:

Yes, I did.

# 51 Q:

Where did you do that collection?

# 52 A:

I did that collection in the trace unit.

# 53 Q:

Where is that?

# 54 A:

It's -- well, it's a particular room in the crime laboratory.

# 55 Q:

At SID?

# 56 A:

Yes.

# 57 Q:

That's downtown Los Angeles?

# 58 A:

Yes.

# 59 Q:

You didn't go to the crime scene itself?

# 60 A:

No.

# 61 Q:

Did you also, in connection with this case, collect hair and trace evidence from items of clothing that had been worn by Ron Goldman when he was killed?

# 62 A:

Yes, I did.

# 63 Q:

Did you do that work at the lab, as well?

# 64 A:

Yes; I did that in our serology unit of the SID.

# 65 Q:

Now, in collecting all this hair and trace evidence -- and we'll get into the specifics in a minute -- did you use your normal procedures to ensure the integrity of the evidence?

# 66 A:

Yes, I did.

# 67 Q:

Let's get to some specific items of evidence.

I want to hand you a document that has been marked as Exhibit 464.

# 68 MR. GELBLUM:

Steve, could you put that up on the Elmo.

# 69 (Mr. Foster complies.)

# 70 THE BAILIFF:

It keeps the glare.

# 71 (Referring to people.)

# 72 THE COURT:

If it bothers you, you can straighten it out.

# 73 MR. GELBLUM:

The jurors' vision.

# 74 JURORS:

Right. It needs to be straight, about so. She moved it over before she sat down.

# 75 MR. GELBLUM:

Say when.

# 76 JUROR:

To the left.

That's far enough. Yeah. Thank you.

# 77 Q:

(BY MR. GELBLUM) Do you recognize Exhibit 464, Ms. Brockbank?

# 78 A:

Yes, I do.

# 79 Q:

Is that something that I provided you with?

# 80 A:

Yes, it is.

# 81 Q:

Do you recognize that's essentially a reworking of a chart that you testified about in the criminal trial?

# 82 MR. BLASIER:

Objection. Leading, foundation.

# 83 THE COURT:

Overruled.

# 84 Q:

(BY MR. GELBLUM) You can answer.

# 85 A:

Sorry.

Yes, it is.

# 86 Q:

Essentially the same information that was on that chart?

# 87 A:

Yes, it is.

# 88 Q:

Have you had an opportunity to review that exhibit before testifying today?

# 89 A:

Yes, I did.

# 90 Q:

Can you briefly describe what the exhibit reflects?

# 91 A:

The exhibit is a summary chart of various items of evidence, listing item numbers, a description of the evidence, a date that trace evidence was collected from each of those items, by whom, and a date that that evidence was received by the FBI laboratory, and another item number assigned by the FBI laboratory for that particular item.

# 92 Q:

And does this -- does this chart summarize a number of underlying documents?

# 93 A:

Yes, it does.

# 94 Q:

Are those documents, documents that are prepared in the -- prepared or used in the normal routine -- the normal course of business of SID personnel?

# 95 A:

Yes, they are.

# 96 Q:

Okay. In the ordinary course of business at SID?

# 97 A:

Yes.

# 98 Q:

Have you compared the summary that's shown on 464 with the underlying documents?

# 99 A:

Yes, I have.

# 100 Q:

And does it -- does 464 accurately summarize those documents?

# 101 A:

Yes, it does.

# 102 Q:

Your Honor, I would move 464 into evidence.

# 103 THE COURT:

Received.

# 104 (The instrument herein referred to, previously marked as Plaintiffs' Exhibit 464, was received in evidence.)

# 105 Q:

(BY MR. GELBLUM) I want to go through some of the items on Exhibit 464, and actually like to start with the second page.

When we get to the -- some of the items that you personally collected --

# 106 MR. GELBLUM:

Would you put the second page up.

# 107 (Indicating to TV screen.)

# 108 Q:

(BY MR. GELBLUM) On June 21, 1994, Ms. Brockbank, did you collect some hair and trace evidence from the glove that was found at Mr. Simpson's home on Rockingham, which had been assigned LAPD item number 9.

# 109 MR. BLASIER:

Objection. Leading.

# 110 THE COURT:

Overruled.

# 111 SUSAN BROCKBANK:

Yes, I did.

# 112 Q:

(BY MR. GELBLUM) What did you do with the hair and trace evidence when you collected it?

# 113 A:

When I collected it, I placed it into a paper bindle, and that bindle went into a coin envelope.

# 114 Q:

What is that paper bindle?

# 115 A:

It's a piece of paper, basically folded in thirds in one direction, kind of like this (indicating), and then again folded in third in the other direction, to form a little pouch, if you will, to hold evidence.

# 116 Q:

Is that standard procedure at SID?

# 117 A:

Yes, it is.

# 118 Q:

Generally speaking, how did you go about collecting the hair and trace evidence from the evidence items?

# 119 A:

I began by examining the items and picking off anything that I could see on each of those items, just visually examining, kind of turning it against the light so I could see anything kind of sticking out, picking those items off, placing them into the bindle.

And I lightly kind of scraped and shook each item over a piece of white paper, and anything additional that fell off also went into the bindle.

# 120 Q:

Okay. And when you put the material into the bindle, did you put any labeling on the bindle?

# 121 A:

Yes, I did.

# 122 Q:

What labeling?

# 123 A:

A description of what type of evidence, hairs and fibers or debris, that was removed from each item; the date, time, my initials, item number DR number.

# 124 Q:

Identifying information?

# 125 A:

Yes.

# 126 Q:

And then you said you put that bindle into a what?

# 127 A:

A coin envelope. Just a small kind of manila envelope.

# 128 Q:

Okay. Did you put any labeling on that coin envelope?

# 129 A:

Yes; it was similarly labeled.

# 130 Q:

Did you give the hair and trace evidence that you collected from the Rockingham glove a new item number?

# 131 A:

Yes, I did.

# 132 Q:

What item number is that?

# 133 A:

It was assigned item No. 110.

# 134 Q:

Is that information that you just told us about reflected on Exhibit 464?

# 135 A:

Yes, it is.

# 136 MR. GELBLUM:

Steve, would you go across the line for 110.

Could you go up and see the headings on the chart, as well.

# 137 Q:

(BY MR. GELBLUM) That shows a description of what you collected, generally speaking; is that right?

# 138 A:

Yes, it is.

# 139 Q:

Collection date includes June 21, right?

# 140 A:

Yes, it does.

# 141 Q:

And you collected it?

# 142 A:

That's correct.

# 143 Q:

Keep going across. We'll get to the last two columns a little later. Now, did you also collect some additional hair and trace evidence from the Rockingham glove on June 23?

# 144 A:

Yes, I did.

# 145 Q:

And what did you do with that evidence when you collected it?

# 146 A:

That was placed into another paper bindle, and then placed into the coin envelope.

# 147 Q:

Was that a separate bindle and separate coin envelope from the ones you prepared on June 21?

# 148 A:

It was a separate bindle, but the same coin envelope, because it was still part of the same item.

# 149 Q:

Now, on June 21, did you also collect some hair and trace evidence from a hat that was found in Mr. Simpson's Bronco which had been given the item number 27?

# 150 A:

Yes, I did.

# 151 Q:

And what did you do with that hair and trace evidence?

# 152 A:

Again, I placed it into a paper bindle, and that paper bindle went into a coin envelope.

# 153 Q:

Did you give that hair and trace evidence that you collected from the hat a new number?

# 154 A:

Yes, I did.

# 155 Q:

What number was that?

# 156 A:

I have No. 111.

# 157 Q:

Was this information reflected on the chart?

# 158 A:

Yes, it is.

# 159 Q:

Again, on June 21, did you collect some hair and trace evidence from the glove that was found at the Bundy crime scene which had been given the item No. 37?

# 160 A:

Yes, I did.

# 161 Q:

And did you follow the same procedures for collecting and packaging that hair and trace evidence as you've already described?

# 162 A:

Yes, I did.

# 163 Q:

And did you collect some additional evidence from that, the Bundy glove, on June 23?

# 164 A:

Yes, I did.

# 165 Q:

By the way, did the trace evidence that you collected from the Bundy glove include any debris other than hairs and fibers?

# 166 A:

Yes, it did.

# 167 Q:

What kind of debris?

# 168 A:

Like dirt, maybe some plant material.

# 169 Q:

So you found some dirt connected with the glove found at Bundy?

# 170 A:

Yes.

# 171 Q:

Now, on the same day, did you also collect some hair and trace evidence from the blue knit cap that was found at the Bundy crime scene that was -- had been the knit cap, had been labeled as item No. 38?

# 172 A:

Yes, I did.

# 173 Q:

Did you collect hairs from different parts of that hat?

# 174 A:

Yes.

# 175 Q:

Did you collect hairs from both the -- or hair and trace evidence from both the inside and the outside of the hat?

# 176 A:

Yes, I did.

# 177 Q:

Did you put the materials from the inside and from the outside in the same bindle or different bindles?

# 178 A:

I put them in different bindles.

# 179 Q:

And did you label those accordingly from where you had found the evidence?

# 180 A:

Yes, I did.

# 181 Q:

And did you follow the same procedures in collecting and packaging that material as you had, as you've already described, with respect to the other material?

# 182 A:

Yes, I did.

# 183 Q:

Did you give that hair and trace evidence from the Bundy glove a new item number?

# 184 A:

Yes.

# 185 Q:

And what item number was that?

# 186 A:

Item No. 113.

# 187 Q:

Okay.

# 188 MR. GELBLUM:

Did I misspeak? Did I say the glove or did I say the cap?

# 189 MR. LEONARD:

You said glove.

# 190 MR. GELBLUM:

I meant to say cap.

# 191 Q:

(BY MR. GELBLUM) So the record is clear, the hair and trace evidence you collected from the cap, you labeled as item 113; is that right?

# 192 A:

That's correct.

# 193 Q:

And the material from the glove was labeled as what number?

# 194 A:

From the Bundy glove?

# 195 Q:

Yes.

# 196 A:

Was item No. 112.

# 197 Q:

Now, when you collected the hair and trace evidence from the blue knit cap that was found at Bundy, that you labeled as item 113, did you also collect some debris from that cap?

# 198 A:

Yes, I did.

# 199 Q:

And what did that debris include?

# 200 A:

Dirt and plant material.

# 201 Q:

That's from the blue knit cap at Bundy?

# 202 A:

Yes.

# 203 Q:

Now, you said a little earlier that you also collected some hair and trace evidence from some of the clothing that Ron Goldman was found in; is that right?

# 204 A:

Yes, that's correct.

# 205 Q:

Okay.

# 206 MR. GELBLUM:

Just so we can keep the numbers straight, I show you another document. I believe it's part of Exhibit 1412, but I'm not sure.

Just to be safe, let me give it a new number. I'm not sure it's from 1412.

# 207 MR. PETROCELLI:

New exhibit number?

# 208 MR. GELBLUM:

New exhibit and we're up to --

# 209 THE CLERK:

2142.

# 210 (The instrument herein referred to as Los Angeles Police Deparment Property Report was marked for identification as Plaintiffs' Exhibit No. 2142.)

# 211 Q:

You have in front of you, a document marked 2142. Can you tell us what that is?

# 212 A:

Yes. This is a police department property report.

# 213 Q:

Was that a document that's issued and used in the ordinary course of business at SID?

# 214 A:

Yes, it is.

# 215 Q:

For what purposes?

# 216 A:

For booking various items of evidence into our property unit.

# 217 Q:

Okay. There's two signatures at the bottom of Exhibit 2142. Do you recognize either one of them?

# 218 A:

Yes, I do.

# 219 Q:

Whose are they?

# 220 A:

The signature at the lower left-hand corner is that of Gregory Matheson, who is an assistant lab director at our laboratory. And the signature on the lower right-hand corner is that of Denise Lewis, who is a laboratory technician at our laboratory.

# 221 Q:

And was she a lab technician in June '94, as well?

# 222 A:

Yes, she was.

# 223 MR. GELBLUM:

I'd like to offer that in evidence, Your Honor, 1412.

# 224 MR. PETROCELLI:

No.

# 225 MR. GELBLUM:

2142. I'm sorry.

# 226 THE COURT:

Okay received.

# 227 (The instrument herein referred to, previously marked as Plaintiffs' Exhibit 2142, was received in evidence.)

# 228 Q:

Now, does Exhibit 2142 reflect how Ms. Lewis came into position of the item listed here?

# 229 MR. BLASIER:

Objection. No foundation.

# 230 THE COURT:

Sustained.

# 231 Q:

(BY MR. GELBLUM) Have you seen this document before?

# 232 A:

Yes, I have.

# 233 Q:

Have you seen documents similar to this that reflect the delivery of evidence to SID from other offices?

# 234 A:

Yes, I have.

# 235 Q:

Okay. And does that include documents you've seen before that reflect the delivery to SID of evidence from the coroner's office?

# 236 A:

Yes.

# 237 Q:

And does this document reflect such a delivery?

# 238 A:

Yes, it does.

# 239 Q:

And when does this document reflect that items were received at SID from the coroner's office?

# 240 A:

This document says that these items were received on June 24, 1994.

# 241 Q:

From the coroner's office?

# 242 A:

From the coroner's office.

# 243 Q:

And does this document reflect Ms. Lewis entering various items into the LAPD's numbering system?

# 244 MR. BLASIER:

Objection. No foundation.

# 245 THE COURT:

Sustained.

# 246 Q:

(BY MR. GELBLUM) Is this document -- have you seen documents similar to this, where items are received from the coroner's office to SID, and assigned new item numbers?

# 247 MR. BLASIER:

Objection. Irrelevant.

# 248 THE COURT:

Why don't you just have her testify from the official document?

# 249 MR. GELBLUM:

This is the official document.

# 250 THE COURT:

Have her testify from it, rather than having her draw conclusions as to who did what.

# 251 MR. BLASIER:

I'd object to having her testify from the document. The document speaks for itself.

# 252 THE COURT:

Overruled.

# 253 Q:

(BY MR. GELBLUM) What does this document say as to what number Ms. Lewis assigned to Ron's hair kit item -- I'm sorry -- hair kit, Ron Goldman's hair kit?

# 254 A:

His hair kit was given item number 73, according to this report.

# 255 Q:

What is a hair kit?

# 256 A:

That's something that's taken from a decedent by a coroner's investigator or coroner's criminalist. What it includes are samples of body hair from all over the body: Head hairs -- it generally includes head hairs, eyelash, eyebrow hairs, arm hairs, sometimes leg hairs.

If the victim is a male and has facial hair, it may include moustache and beard hair, that sort of thing.

# 257 Q:

Okay. And what item number was assigned to Ron's pants?

# 258 A:

His pants were given item number 79.

# 259 Q:

And his shirt?

# 260 A:

His shirt was given item number 81.

# 261 MR. GELBLUM:

And on the next page, Steve.

# 262 (Mr. Foster displays page on TV screen.)

# 263 Q:

(BY MR. GELBLUM) What item number was given to Nicole's hair kit?

# 264 A:

That was given item number 83.

# 265 Q:

And Nicole's dress?

# 266 A:

Her dress was given number 86.

# 267 Q:

Thank you.

# 268 MR. GELBLUM:

Steve, would you put back up 464, the second page.

# 269 (Mr. Foster complies.)

# 270 Q:

(BY MR. GELBLUM) Mrs. Brockbank, on July 27, 1994, did you collect hair and trace evidence from the pants that Ron Goldman was wearing when he was killed?

# 271 A:

Yes, I did.

# 272 Q:

And those pants we saw are labeled as item 79?

# 273 A:

Yes.

# 274 Q:

And what did you do with that hair and trace evidence when you collected it, same things you did before?

# 275 A:

Yes.

# 276 Q:

And did you give the hair and trace evidence you got from those pants a new item number?

# 277 A:

Yes, I did.

# 278 Q:

What item number?

# 279 A:

Item No. 161.

# 280 Q:

Okay. On the same day, did you collect hair and trace evidence from Ron's shirt, which we've just seen labeled as item number 81?

# 281 A:

Yes, I did.

# 282 Q:

And did you use the same procedures in collecting that evidence as you've already testified to with respect to the other items?

# 283 A:

Yes, I did.

# 284 Q:

Did you give that hair and trace evidence from Ron's shirt a new item number?

# 285 A:

Yes, I did.

# 286 Q:

Which number?

# 287 A:

Item No. 163.

# 288 Q:

And again, on the same day, did you collect some hair and trace evidence from -- I'm sorry.

On Ron's shirt, did you have two separate item numbers for hair and trace evidence collected from Ron's shirt?

# 289 A:

Yes.

# 290 Q:

Why did you do that?

# 291 A:

Actually, the second item number, item No. 165, that was hair and trace removed from a bag which once contained his shirt. Those items were inside this bag.

# 292 Q:

And 163 was directly from the shirt?

# 293 A:

Correct.

# 294 Q:

Now, on the next day, July 28, did you collect some hair and trace evidence from item number 91, which was a white towel that was found in Mr. Simpson's Bronco?

# 295 A:

Yes, I did.

# 296 Q:

And did you collect that in the same manner as you previously described?

# 297 A:

Yes, I did.

# 298 Q:

And did you give that hair and trace evidence from the white towel a new item number?

# 299 A:

Yes.

# 300 Q:

And what item number was that?

# 301 A:

Item No. 166.

# 302 Q:

All right.

Again, on July 28, did you also collect some hair and trace evidence from a plastic sheet that was found in Mr. Simpson's Bronco that had been identified as item number 93?

# 303 A:

Yes.

# 304 Q:

And did you collect that in the same manner as you previously testified?

# 305 A:

Yes, I did.

# 306 Q:

And did you give that hair and trace evidence from the plastic sheet a new item number?

# 307 A:

Yes.

# 308 Q:

What number?

# 309 A:

Item No. 1367.

# 310 Q:

On August 2, Mrs. Brockbank, did you collect hair and trace evidence from a shovel that was collected from Mr. Simpson's Bronco that had been labeled as item number 92?

# 311 A:

Yes, I did.

# 312 Q:

And did you collect that in the same manner as you previously testified to?

# 313 A:

Yes, I did.

# 314 Q:

Did you give that another item number?

# 315 A:

Yes.

# 316 Q:

And what was that?

# 317 A:

Item No. 169.

# 318 Q:

And a couple days later, did you collect some hair and trace material from item number 13 which were the socks that were collected from Mr. Simpson's bedroom?

# 319 A:

Yes, I did.

# 320 Q:

Did you collect that in the same manner as you previously testified?

# 321 A:

Yes.

# 322 Q:

And package it in the same manner?

# 323 A:

Yes.

# 324 Q:

And did you give that hair and trace evidence a new item number?

# 325 A:

Yes.

# 326 Q:

Which was what?

# 327 A:

Item number 221.

# 328 Q:

Now, finally, in terms of your collection, on August 23, 1994, did you collect some additional material from Ron Goldman's shirt, item number 81?

# 329 A:

Yes, I did.

# 330 Q:

And what material was that?

# 331 A:

It was more hair, fiber and dirt, blood, debris -- sorry.

# 332 Q:

Did you give that a new item number?

# 333 A:

Yes, I did.

# 334 Q:

Which was what?

# 335 A:

285.

# 336 Q:

Did you collect that and package it in the same manner us previously testified to?

# 337 A:

Yes.

# 338 Q:

Did you put that in a separate bindle from the other items you collected from Goldman's shirt?

# 339 A:

Actually I believe that debris I placed into a Petri dish, a plastic Petri dish, which is just another type of container rather than a paper bindle.

# 340 Q:

And did you label the Petri dish?

# 341 A:

Yes.

# 342 Q:

In that similar manner to what you testified previously?

# 343 A:

Yes.

# 344 Q:

Now, back up on the first page of Exhibit 464, and over to the first line of the second page, there's some references to items collected by people other than you. You see that?

# 345 A:

Yes, I do.

# 346 Q:

Can you previously just walk us through what items were collected, by the various people?

# 347 MR. BLASIER:

Objection. No foundation.

# 348 THE COURT:

Sustained.

# 349 MR. GELBLUM:

She already testified she reviewed the underlying documents and this accurately summarizes those documents.

# 350 THE COURT:

Then use the underlying documents.

# 351 MR. GELBLUM:

Well, let's just go through it in the same way we have.

# 352 MR. BLASIER:

Objection.

# 353 THE COURT:

Sustained. That's a list you created.

You can rely on business records from -- you rely on business records. Use the business records.

# 354 MR. GELBLUM:

The summary section as well in 1500 of the Evidence Code.

# 355 THE COURT:

There's an objection.

# 356 MR. GELBLUM:

The evidence -- the exhibit's been admitted in evidence, correct, Your Honor?

# 357 THE COURT:

Excuse me. The list has.

# 358 MR. GELBLUM:

Okay.

# 359 THE COURT:

There's been no testimony with regards to it. Without some foundation, I'm not going to just let that list come in as proof of the items contained therein. It's just a summary.

# 360 Q:

(BY MR. GELBLUM) Mrs. Brockbank, did you review documents when you were comparing this Exhibit 464 to the underlying documents that reflect that Mr. Goldman's hair kit was collected by Claudia Ratcliffe from the coroner's office on June 13, 1994.

# 361 MR. BLASIER:

Objection.

# 362 THE COURT:

Overruled. Yes, I did.

# 363 Q:

And what document was that?

# 364 A:

The actual hair kit envelope itself. I examined a photograph and on the hair kit envelope. It has the date and a signature by Claudia Ratcliffe, collected by --

# 365 MR. BLASIER:

Objection. Move to strike. She did not examine the item.

# 366 THE COURT:

Excuse me.

# 367 MR. BLASIER:

Move to strike her answer -- response of -- she didn't identify the items.

# 368 THE COURT:

Answer remains.

# 369 Q:

(BY MR. GELBLUM) Did you review documents, Mrs. Brockbank, that reflect that on August 15, 1994, Colin Yamauchi of SID collected a sample from Ron Goldman's pants?

# 370 A:

Yes, I did.

# 371 Q:

Okay.

And by the way, at a later point in time, was that sample given a new item number other than 79?

# 372 A:

Yes, it was.

# 373 Q:

What item number was that?

# 374 A:

I'd have to refer to my notes.

# 375 Q:

Go ahead.

# 376 (Witness reviews documents.)

# 377 A:

Item number 79 was given new item number 428.

Well, the sample that was removed from item 79 was given item number 428.

# 378 Q:

Okay. Did you also review documents, Ms. Brockbank, that reflected that on August 15, 1994 Mr. Yamauchi collected --

# 379 THE COURT:

Wait a minute. Excuse me a second, please.

# 380 MR. GELBLUM:

I'm sorry.

# 381 THE COURT:

I don't know where you're going, but you're going from this chart you got up on the TV screen, 79, to a bunch of other numbers. I don't know where those other numbers are.

# 382 MR. GELBLUM:

They're not on the chart, Your Honor.

# 383 THE COURT:

I know.

# 384 MR. GELBLUM:

I'm just having the witness testify to what that number is, that new number is.

# 385 MR. BLASIER:

Objection. No foundation.

# 386 THE COURT:

Sustained.

# 387 Q:

(BY MR. GALBLUM) Did you see -- have you seen documents, business records of SID that reflect that new item number, Mrs. Brockbank?

# 388 MR. BLASIER:

I'm going to object. They can put the business records in. They can't have a witness describe them when they're not here.

# 389 THE COURT:

I agree.

# 390 MR. PETROCELLI:

Your Honor, may we approach briefly, please?

# 391 THE COURT:

All right.

# 392 (The following proceeding were held at bench:)

# 393 MR. GELBLUM:

Your Honor, under the -- we're working both on the business records exception, which she established, I believe, for these summary voluminous documents exception which --

# 394 THE COURT:

Fine.

# 395 MR. GELBLUM:

Which allows --

# 396 THE COURT:

You haven't shown me the business record. You just showed me a summary.

# 397 MR. GELBLUM:

The defense has all those business records as -- I have had ample opportunity to review them.

# 398 THE COURT:

The jury doesn't have it. I don't have it, there's objection.

# 399 MR. PETROCELLI:

Under 1509, if the records are available for inspection, they don't need to be actually produced.

# 400 THE COURT:

Mr. Petrocelli, you're going from a summary that has one set of numbers, to some sort of record with another set of numbers on which there's nothing on which we can verify her testimony.

# 401 MR. PETROCELLI:

Forget this last thing. It's not on here. All she's trying to do --

# 402 MR. GELBLUM:

I won't give the new numbers.

# 403 MR. PETROCELLI:

-- Is establish the chain of custody of the trace evidence that was taken from the items and then send to the various testing agencies like we did with Mr. Matheson. It's the identical document, sort of document under 1509.

We don't have to produce the actual underlying records. They're available for inspection and the defense has them. They haven't objected. They want all those records introduced.

# 404 MR. GELBLUM:

I won't --

# 405 MR. PETROCELLI:

We're just establishing the chain.

# 406 THE COURT:

Well, you're establishing a bunch of other numbers. The jury's listening to a bunch of other numbers that have no relationship to anything they've had.

# 407 MR. GELBLUM:

I won't put those other numbers on. I'm just trying to clarify.

# 408 THE COURT:

If you're confusing me, you're confusing the jury.

KEY QUOTE

# 409 MR. GELBLUM:

I -- that's a very safe bet. I will stay away from the new numbers.

KEY QUOTE

# 410 MR. PETROCELLI:

Thank you, Your Honor.

# 411 (The following proceedings were resumed in open court in the presence of the jury:)

# 412 Q:

(BY MR. GELBLUM) Ms. Brockbank, in reviewing Exhibit 464 and comparing it to the underlying documents, did you review documents that collect -- that Nicole's hair kit was collected on June 13, 1994, and assigned a item number 83?

# 413 A:

Yes, I did.

# 414 Q:

Okay. And did you also review documents that reflect that Nicole's dress fabric sample was checked on August 15, 1994 from item number 86?

# 415 A:

Yes, I did.

# 416 Q:

And did you also review documents that reflect that fibers from the left rear of Mr. Simpson's Bronco were collected on August 11, 1994 and assigned item number 226?

# 417 A:

Yes, I did.

# 418 Q:

And similarly, did you review documents that reflect that on August 11, 1994 fibers from the right front of Mr. Simpson's Bronco were collected and assigned item number 228?

# 419 A:

Yes, I did.

# 420 Q:

Did you also reflect documents that on the same day, August 11, fibers were collected from the right rear of Mr. Simpson's Bronco and assigned item number 230?

# 421 A:

Yes.

# 422 Q:

And again, did you review documents that reflect that on August 11, 1994, fibers were collected from the rear cargo area of Mr. Simpson's Bronco and assigned item number 231?

# 423 A:

Yes, I did.

# 424 Q:

And then did you actually collect some hairs from an Akita on November 30, 1994?

# 425 A:

Yes, I did.

# 426 Q:

Where did you do that?

# 427 A:

It was in the yard at the Rockingham location.

# 428 Q:

Okay,

And what did that Akita look like? What color, do you recall?

# 429 A:

I don't remember.

# 430 Q:

Okay. And you assigned those hairs, item No. 366?

# 431 A:

Yes, I did.

# 432 Q:

Okay. And then on the top of the next page, did you review documents that reflected that on June 14, 1994, Dennis Fung collected some hair and trace evidence from item number 9, the Rockingham glove?

# 433 A:

Yes, I did.

# 434 Q:

And that was assigned item number 19?

# 435 A:

Yes.

# 436 Q:

Let me back up to the first page again in the middle. Did you collect some hair exemplars from Mr. Simpson on July 12, 1994?

# 437 A:

Yes, I did.

# 438 Q:

Would you tell the jury please what a hair exemplar is?

# 439 A:

A hair exemplar is a representative sample of hair from a person, in this case, Mr. Simpson and it was just head hair. So a representative sample is just hairs from all over the head, all areas of the head.

So if I was collecting a sample of hair from myself, an exemplar, I wouldn't take a bunch from the front right here 'cause there's a lot of hairs in the back that are quite different than these ones right here in the front. So I would collect samples from all different areas of the head. That's what I did in this case.

# 440 Q:

And where was Mr. Simpson when you made that collection?

# 441 A:

He was outside of his cell at L.A. county jail.

# 442 Q:

What did you do with Mr. Simpson's hair exemplar when you collected it?

# 443 A:

I placed it into a paper bindle and that went into an envelope.

# 444 Q:

And did you label those in a manner you described before?

# 445 A:

Yes.

# 446 Q:

Did you package, by the way, package and label the hair exemplar you took from the Akita in the same manner?

# 447 A:

Yes, I did.

# 448 Q:

Did you also collect hair exemplars from various employees of SID, the coroner's office and the LAPD?

# 449 A:

Yes, I did.

# 450 Q:

Okay. Like to show you another document which has been marked as Exhibit 484.

# 451 MR. BLASIER:

May I see that, please?

May I have a copy, please?

# 452 MR. GELBLUM:

I gave you a copy couple days ago.

# 453 THE COURT:

What number?

# 454 MR. GELBLUM:

484. Your Honor, it's got a slightly different description on the Exhibit list. This is a replacement for that same information, different description.

Do you recognize that document, Mrs. Brockbank?

# 455 A:

Yes, I do.

# 456 Q:

Is that something that I provided to you?

# 457 A:

Yes, it is.

# 458 Q:

Is that like 464, a restatement in a different format of information from a chart you testified about in a criminal trial?

# 459 A:

Yes, it is.

# 460 Q:

Can you briefly describe what is reflected on this document?

# 461 A:

Yes. The far left column lists the LAPD item number that was assigned to each item. Then there's a description of each item listing the person whose hair exemplar corresponds to that item number; followed by the collection date, which is the date I collected hairs from that person.

Well, most of the collection was done by me. You'll see the "collected by" and you'll see Brockbank on every space.

Exhibit 1, that was my own hair which was collected by someone else.

And then there's a "received by FBI" date and then the FBI item number that was assigned to it.

# 462 Q:

Okay. And you think -- I think you personally collected all these exemplars, other than the one that was collected from you --

# 463 A:

Yes.

# 464 Q:

-- And obviously were present when that one was collected?

# 465 A:

Yes, I was.

# 466 Q:

Who -- was that collected from you?

# 467 A:

That was collected by Ron Raquel, R-A-Q-U-E-L.

# 468 Q:

Who is that?

# 469 A:

He's a co-worker of mine.

# 470 Q:

At SID?

# 471 A:

Yes.

# 472 Q:

And does Exhibit 484 accurately reflect the information regarding your collection and Mr. Raquel's collection of hair exemplars?

# 473 A:

Yes.

# 474 MR. GELBLUM:

Your Honor, I'd move 484 into evidence.

# 475 THE COURT:

Received.

# 476 (The instrument herein referred to as a document entitled "Summary of Hair Exemplars from LAPD and Coroner Personnel" was marked for identification as Plaintiffs' Exhibit No. 484.)

# 477 (The instrument herein referred to as a document entitled "Summary of Hair Exemplars from LAPD and Coroner Personnel" was received in evidence as Plaintiffs' Exhibit No. 484.)

# 478 Q:

(BY MR. GELBLUM) Some of the people on here, Ms. Brockbank, the jury already heard about. Some are new names. If you could, I'd like for you tell us who those people are?

# 479 A:

Certainly.

# 480 Q:

Who is Sandra Clairborne?

# 481 A:

She is a forensic fingerprint specialist, works in our latent prints unit.

# 482 Q:

And Jean Braggs, B-R-A-G-G-S, who is that?

# 483 A:

Yes. He's also a forensic print specialist.

# 484 Q:

And Rolf, R-O-L-F, Rokahr, R-O-K-A-H-R who's that?

# 485 A:

He's a photographer in SID.

# 486 Q:

And going down a little further, Michele Kestler, K-E-S-T-L-E-R, who is that?

# 487 A:

She's is our lab director currently.

# 488 Q:

What did she do in November, 1994?

# 489 A:

What did she do?

# 490 Q:

What was her job?

# 491 A:

She was the Assitant Lab Director at this time.

# 492 Q:

And in June, 1994?

# 493 A:

She was also the assistant lab director then.

# 494 Q:

And Colin Yamauchi, who is that?

# 495 A:

He is a coworker of mine. He's a criminalist.

# 496 Q:

And on the next page, who is Erin, E-R-I-N, Riley, R-I-L-E-Y?

# 497 A:

She's also a criminalist.

# 498 Q:

And Claudia Ratcliffe we mentioned previously, who is she?

# 499 A:

She's a coroner's investigator.

# 500 Q:

Lastly is Ed McGowan and just shows that he checked that hair a couple months after the others. Why was that?

# 501 A:

He had shaved his head. We had to wait for his hair to grow out.

KEY QUOTE

# 502 Q:

Who is Mr. McGowan?

# 503 A:

He's a police officer.

# 504 Q:

Now -- thank you. On August 8, 1994, did you deliver certain materials to the FBI in Washington DC?

# 505 A:

Yes, I did.

# 506 Q:

What did you deliver?

# 507 A:

Would you like me to list the item numbers or --

# 508 Q:

Sure, you have to refer to Exhibit 464.

# 509 A:

Is that the first Exhibit you gave me?

# 510 Q:

Yes.

# 511 A:

Yes. There were a number of items, including item 73, Goldman's hair kit; item 83, which is Nicole's hair kit; item 122, which is Mr. Simpson's hair exemplar; item number 19, which was the hair and trace from the Rockingham glove; item 110, which was the hair and hair trace from -- Oops.

Did I just say -- no, I'm sorry. Item 110, which was also hair and trace from the Rockingham glove; item 111, which is hair and trace from item 27, the hat and the Bronco.

# 512 Q:

Item 112, which was hair and trace from the Bundy glove; item 113, hair and trace from Bundy hat, the knit cap; item 161, which is hair and trace from Mr. Goldman's pants which were item 79.

Item 163, which is hair and trace from Mr. Goldman's shirt, item 81.

No. 165, which is hair and trace from Mr. Goldman's shirt item 81. Actually, the bag that the shirt was in --

Item 166 which is hair and trace from the towel from the Bronco item number 91.

Item 167, which was hair and trace from the plastic sheet from the Bronco, item number 93.

And item 169, which was hair and trace from the glove from the Bronco, item number 92 and finally item number 221, which was hair and trace from item number 13, socks.

# 513 Q:

Now, Mrs. Brockbank, to whom did you deliver those items at the -- to the FBI?

# 514 A:

I delivered those to Douglas Deedrick.

# 515 Q:

Can you spell that for the reporter?

# 516 A:

Douglas, D-O-U-G-L-A-S, I think, Deedrick, D-E-E-D-R-I-C-K.

# 517 Q:

Who is Mr. Deedrick?

# 518 A:

He's the head of the FBI laboratory hair and fiber unit.

# 519 Q:

Did Mr. Deedrick assign new FBI item numbers to the items that you delivered?

# 520 MR. BLASIER:

Objection. No foundation.

# 521 THE COURT:

Sustained.

# 522 Q:

(BY MR. GELBLUM) Did you see Mr. Deedrick assign new FBI item numbers for the items reflected on Exhibit 464?

# 523 A:

Yes, I did.

# 524 Q:

Okay. And are those numbers reflected on Exhibit 464?

# 525 A:

Yes, they are.

# 526 Q:

Okay. Now, some of those items, particularly the ones on the first page of the FBI items start with a K and on the next two pages the item numbers start with a Q.

Do you know what the significance of those different designations is?

# 527 A:

Yes, I do.

# 528 Q:

What is that?

# 529 A:

The K stands for known, K-N-O-W-N, and the Q stands for request -- stands for question.

KEY QUOTE

# 530 Q:

What does that mean?

# 531 A:

"Knowns" are items where you know the origin of those items. For instance, exemplar hair, where you know it came from a particular person's head and the Q'd items are items in question. You're trying to determine the possible source of those items.

# 532 Q:

Okay.

# 533 A:

By comparing them to the knowns.

# 534 Q:

And were the other items of hair and trace evidence that are listed on exhibits 464 and 484 subsequently delivered to the -- delivered to the FBI?

# 535 A:

Yes, they were.

# 536 Q:

And are the dates of those deliveries reflected on exhibits 464 and 484?

# 537 A:

Yes, they are.

# 538 Q:

And are the FBI numbers assigned to those items also reflected on exhibits 464 and 484?

# 539 A:

Yes, they are.

# 540 Q:

Thank you. I have nothing further.

Temperature

procedural

Key Quotes (4)

Susan Brockbank

The K stands for known, K-N-O-W-N, and the Q stands for request -- stands for question. 'Knowns' are items where you know the origin of those items. For instance, exemplar hair, where you know it came from a particular person's head and the Q'd items are items in question. You're trying to determine the possible source of those items.

Explains the FBI's K/Q labeling system for hair evidence, foundational for understanding how trace evidence comparisons work.

Susan Brockbank

He had shaved his head. We had to wait for his hair to grow out.

Brief but memorable moment explaining why one SID employee's hair exemplar was collected months later than the others.

Hiroshi Fujisaki

If you're confusing me, you're confusing the jury.

Judge cutting through a muddled attempt by Gelblum to introduce item sub-numbers not reflected on the summary chart; redirected the examination.

Peter Gelblum

I -- that's a very safe bet. I will stay away from the new numbers.

Gelblum conceding the judge's point at the bench conference, revealing a strategic misstep in presenting chain-of-custody numbering.

Evidence (13)

Plaintiffs' 464

Summary chart of trace evidence items: item numbers, descriptions, collection dates, collectors, dates received by FBI, and FBI item numbers

Introduced and received in evidence; used as primary reference throughout testimony

Plaintiffs' 2142

LAPD Property Report reflecting receipt of victims' clothing and hair kits from the coroner's office on June 24, 1994; signed by Gregory Matheson and Denise Lewis

Introduced and received in evidence

Plaintiffs' 484

Summary chart of hair exemplars collected from LAPD and coroner personnel, with collection dates and FBI item numbers

Introduced and received in evidence

Informal

Rockingham glove (LAPD item 9) — hair and trace collected June 21 and June 23, 1994; assigned items 110 and 19

Discussed as source of trace evidence

Informal

Bundy glove (LAPD item 37) — hair, fiber, dirt, and plant material collected; assigned item 112

Discussed as source of trace evidence

Informal

Blue knit cap from Bundy (LAPD item 38) — hair and trace from inside and outside collected separately; assigned item 113

Discussed as source of trace evidence

+ 7 more

Notable Exchanges (3)

Peter Gelblum•Hiroshi Fujisaki•Daniel Petrocelli•Robert Blasier

Bench conference over whether Brockbank could testify to sub-item numbers not reflected on Exhibit 464. Fujisaki refused, saying the jury was already confused by competing numbers with no visible anchor in evidence.

strategic

Peter Gelblum•Hiroshi Fujisaki

Repeated friction over whether Brockbank could narrate the summary chart's non-self-collected entries without producing the underlying business records. Judge sustained objections and told Gelblum to use the actual documents.

tense

Peter Gelblum•Dan Leonard

Gelblum misspoke on the record, saying 'glove' when he meant 'cap' for item 113; corrected on the spot with Leonard's help.

routine

Light Moments (2)

Susan Brockbank

Ed McGowan's hair exemplar was collected months after everyone else's because he had shaved his head and they had to wait for it to grow back.

Susan Brockbank

Brockbank explained hair exemplar collection by using herself as an example: 'I wouldn't take a bunch from the front right here 'cause there's a lot of hairs in the back that are quite different than these ones right here in the front.'

Objections

15 objections (6 sustained, 5 overruled)

Proceeding 8153 • 540 utterances • Plaintiff witness

Civil Trial

Department 103