Cross-examination: crime scene evidence

📄 Cross-examination: crime scene evidence — Friday, January 10, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\10\CROSS-EXAMINATION-CRIME-SCENE-.DOC

TRIAL

▲ Day 39 of 57

◀ Cross-examination of Dr. Henry Lee Deposition of Gary Siglar ▶

Examiner: Edward Medvene
Called by: Plaintiff • Date: Friday, January 10, 1997 • Utterances: 51

Defense redirect examination, almost certainly of Dr. Henry Lee, walks through crime scene photographs to establish a coherent narrative of a prolonged struggle at the Bundy Drive murder scene. Counsel systematically links the positions of physical items — an envelope, paper, keys, beeper, and blood transfer patterns — to argue they collectively indicate a sustained fight. The session ends with a plaintiff-side rebuttal read-in questioning whether Lee was implying LAPD and the FBI were incapable of solving the crime.

# 1 A:

Yes.

# 2 Q:

Now, that would indicate, would it not, that the area behind the body of Mr. Goldman was north?

# 3 A:

Yes.

# 4 Q:

Now, there isMr. Medvene suggested to you that there washe called this the norththe back gate area?

# 5 A:

Yes.

# 6 Q:

There's no gate there, is there?

# 7 A:

Fence.

# 8 Q:

All right. So let's call that the north fence area. May we?

# 9 A:

Sure.

# 10 Q:

All right. And then let's call the area where I am pointing the east fence area. Fair enough?

# 11 A:

Fair enough.

# 12 Q:

All right. And if we look at the Exhibit 593 again, the piece of paper was over by what is drawn the head of Nicole Brown Simpson's body, correct?

# 13 A:

Correct.

# 14 Q:

The envelope was in the area on the dirt area adjacent to the walk, correct?

# 15 A:

Correct.

# 16 Q:

The keys that we see in this photograph, which is third from the top in this, is at the foot of Mr. Goldman's body, true?

# 17 A:

True.

# 18 Q:

And the beeper that we see in the upper left-hand photo in the second photo on the left would be back behind the areabehind the tree area, is that not correct, and to the west of it?

# 19 A:

Behind the post, yes.

# 20 Q:

All right. And we have a post that looks like it's stabilizing that tree, correct?

# 21 A:

Correct.

# 22 Q:

And from your view of the scene, is this green area right at the head of Mr. Goldman's body the area where the tree comes up, that the post is directly behind it or on the north side of it?

# 23 A:

Maybe, maybe not. I don't know.

# 24 Q:

In any event, we have blood transfer in the pictures we have available all the way down the east fence area, do we not?

# 25 A:

Yes.

# 26 Q:

Well, certainly we can see blood transfer almost to the corner and we see a drop in the upper right-hand corner, correct?

# 27 A:

Correct.

# 28 Q:

And we don't know what's above that because nobody ever took any pictures of it, true? In addition to the blood going down the east side, we have blood going on the north side of the fence past the area where the pole is, correct?

# 29 A:

Correct.

# 30 Q:

And we have a significant amount of blood that's past the area of the pole, do we not, on both sides, on the Nicole Brown Simpson property and on the Ellinger property that's adjacent to it, isn't that true?

# 31 A:

Yes.

# 32 Q:

And we have a depression that extends from thevirtually the corner of the northeast side of the enclosed or caged-in area that extends beyond the tree for another however distance and then there is another area that has blood dripping down on the fence and down on the dirt on both sides of the fence, correct?

# 33 A:

Yeah, consistent with

# 34 Q:

Is allthen we have fresh leaves that you've talked about, we have bloody leaves and we have blood in the area of the tree, do we not?

# 35 A:

Yes.

# 36 Q:

Now, is that consistent with withthe envelope being in the position, the piece of paper being in the position over by the head, the envelope being in the position adjacent to the walkway, blood down the east side, depression in the area, I'm talking about keys here, beeper over here, and blood on the north side, is that all consistent with a struggle thatas well as the dead leaves and the blood that's on the ground, that takes a period of time?

# 37 A:

It's all relatedif it's all related, it consistent with the struggle.

# 38 Q:

And we also have blood on the shoes and we have on the boots of Mr. Goldman, that is subsequently then encased in dirt, correct?

# 39 A:

Yes, sir.

# 40 Q:

And that means that he had to step into wet blood and then step into dirt, correct?

KEY QUOTE

# 41 A:

Both.

# 42 Q:

And then we have, in addition to that, sir, we have a cutfresh cut on the toe of Mr. Goldman's boot that is consistent with a fresh knife cut, correct?

# 43 A:

Correct.

# 44 Q:

And in addition to that, we have a beeper that iswould appear more probably than not outside the fenced-in area, correct?

# 45 A:

It appears to be. (Tape halted.)

MR. P. BAKER: End of defense redirect. Wethey just have a couple more questions.

# 46 MR. MEDVENE:

If the Court please, we've agreed with Mr. Baker, we have one question to read and an answer, to puta brief question and answer that's going to be played in context. 381, line 4 through 11.

# 47 (Reading:)

# 48 Q:

So, Dr. Lee, with due deference, you're not suggesting, are you, that because you didn't get to do the work that you indicate you suggest that the L.

# 49 A:

Police Department and the Federal Bureau of Investigation and the various scientific agencies that were involved in analysis here, were not perfectly capable of solving the crime and presenting adequate evidence?

# 50 A:

I cannot comment on that issue. (Tape is played.)

KEY QUOTE

# 51 Q:

Are you sayingwhen you say you cannot comment on it, Doctor, are you suggesting that by taking, for example, different pictures than were taken, the DNA results showing Mr. Simpson's blood, Ms. Brown's blood, Mr. Goldman's blood at various locations of the crime scene would be in any way changed? You're not suggesting

Temperature

procedural

Key Quotes (3)

Witness (Dr. Lee)

It's all related — if it's all related, it consistent with the struggle.

The defense's core goal: tying all physical evidence together into a single prolonged struggle narrative.

Witness (Dr. Lee)

I cannot comment on that issue.

Lee declines to endorse or refute whether LAPD/FBI competence affected the outcome — a careful non-answer that cuts both ways.

Witness (Dr. Lee)

Correct. Q. And that means that he had to step into wet blood and then step into dirt, correct? Witness: Both.

Establishes the sequence of Ron Goldman's movement through wet blood then dirt, supporting the struggle timeline.

Evidence (2)

Exhibit 593

Crime scene photographs showing positions of paper, envelope, keys, beeper, and blood patterns at Bundy Drive

discussed extensively to establish struggle narrative

Deposition transcript page 381, lines 4-11

Read-in from prior deposition: plaintiff's counsel asking Dr. Lee whether he was implying LAPD/FBI were incapable

read into record by plaintiff (Medvene) as rebuttal

Notable Exchanges (2)

Mr. P. Baker (defense)•Witness (Dr. Lee)

Baker methodically walks through each item at the crime scene — paper near Nicole's head, envelope on walkway, keys at Goldman's feet, beeper behind the post — and the witness confirms each position, building toward the 'prolonged struggle' conclusion.

strategic

Mr. Medvene (plaintiff)•Witness (Dr. Lee)

Medvene reads in a deposition passage pressing Lee on whether his criticisms of the investigation implied LAPD/FBI were not capable of solving the crime. Lee's answer — 'I cannot comment on that issue' — avoids the trap but also fails to affirmatively defend the agencies.

strategic

Credibility Attacks (1)

⚔ Dr. Henry Lee

implication of bias / overreach

Medvene's read-in presses Lee on whether his criticism of the investigation implicitly condemned LAPD and FBI competence — an attempt to reframe Lee's crime scene critiques as an unsupported attack on professional agencies rather than objective scientific observation.

Witness Demeanor

(Tape halted.)

(Reading:)

(Tape is played.)

Objections

None recorded

Proceeding 8773 • 51 utterances • Plaintiff witness

Civil Trial

Department 103