Up in front of you here, or off to the side, is Exhibit 211 which is the Bronco evidence collection board. You've testified briefly about this when you were here last time. You personally did some collection of evidence from the Bronco, sir?
Well, not from the Bronco itself, from parts of the Bronco that were brought into the laboratory.
And which parts of the Bronco were brought into the laboratory?
MR. P. BAKER: Your Honor, I'm going to object. There's no foundation as to the offer of proof.
The left door of the driver's door, both front seats, the center console of the vehicle, and the steering wheel, plus there was a couple of little trim pieces.
Let's put the next exhibit in order up on the Elmo. (Exhibit 2374 displayed on Elmo.)
What this photograph shows is the driver's door, the interior of the driver's door. This is a photograph that was taken in the laboratory. I believe at this point, the door is actually laying on the ground. That's one reason why the mirror is turned flat. You'll see in the picture three numbers, I believe, 296, 297, 298 and 299. Those numbers are placed as evidence item numbers next to blood items that I collected, along with scales, to show the size of it.
(BY MR. LAMBERT) These were items that you collected on September the 1st; is that what you're saying?
Would you please compare for the jury the items that you collected from the door on September the 1st to the items collected by Dennis Fung, depicted in this photograph on June 14, from the door.
That would be stain Item 223, on the other exhibit from the original evidence collection, (indicating to Exhibit 211), taken from the Bronco. Item No. 298 on the television (2374), corresponds with what is No. 22, which is kind of a swipe or a light smear-type of blood-stain area above the armrest (indicating to Exhibit 211).
And number 299 on the TV screen here (indicating to Exhibit 2374) refers to a stain that's up on the trim area. This does not -- the number is not depicted but it corresponds with the stain that is kind of above the 22 -- number 22 stain, up kind of towards the front of the car a little bit up on this trim (indicating to Exhibit 211.)
So those three items that you collected on September the 1st were re-collections of items that Dennis Fung had already done on June 14?
MR. P. BAKER: Leading, no foundation.
(BY MR. LAMBERT) And when you were here last time, Mr. Matheson, you also mentioned that of the items that you collected off the console on September the 1st, that some of those were items that Mr. Fung had collected on the earlier occasion, too. Which items are those?
Can I step down? (Indicating to Exhibit 211.) Referring to this display here, the lower right-hand photograph is a photograph of the console that's actually taken in the laboratory. The numbers that appear on it are numbers that I placed there during my collection on that day. To compare it to a collection that was done by Mr. Fung earlier, there's a kind of a continuous stain here that is actually item number 303 on the console which would correspond with item number 30 from the original collection, and item number 304 from my collection corresponds with the right rear of the console, item number 31.
And when you collected items 303 and 304, were you able to determine if they had previously been the subject of a collection effort by Mr. Fung?
MR. P. BAKER: No foundation.
(BY MR. LAMBERT) Now, sir, I'd like to show you some photographs taken on August the 10th by two different LAPD photographers. And what I'd like you to do is to examine each of the photographs in the order in which I give them to you, and on this copy of the photographs, I'd like you to mark whether you see any of the blood that you collected on September the 1st in these photographs.
(BY MR. LAMBERT) And if you could -- we've put the same photograph up on the Elmo here. If you could point out to the jury any of the blood evidence that you see in Exhibit 1420?
Okay. In this particular exhibit, looking at the photograph that's in front of me, I can make out -- doesn't show up quite as clearly on the screen, but in the recessed area of the driver's door handle, there is a -- a dark stain area that would coincide with a stain that was collected both by Mr. Fung and by myself. In this exhibit that's the only, you know, clear stain that I could make out. There are some kind of hazy areas that, you know, may or may not be blood. I know where they're at so it makes it maybe a little easier to see it so -- I'm not totally sure it's obvious in the picture that's what they are. That one stain is clear down in the recess, and when you look with a magnifying glass --
Would you take this copy of that exhibit and mark the blood area that you can see in the photograph?
It's not as clear in this copy as it is on the original photograph. But I'm circling an area down in the recess of the driver's door handle.
2375. (The instrument herein described as a photograph was marked for identification as Plaintiffs' Exhibit No. 2375.)
Steve, if you could put that up. (The instrument herein described as a photograph was marked for identification as Plaintiffs' Exhibit No. 2376.)
(BY MR. LAMBERT) Would you point out to the -- on the television screen, to the jury, where you see any of the blood evidence that you collected on September 1 in this August 10 photograph?
Okay. The most apparent stain in this photograph is the one that was collected above the arm rest on the driver's door. In this area right here, you can make out, you know, on the video screen, a little bit of a darkened area that corresponds to where that red stain was collected.
Okay. Thank you. And on Exhibit 2377, would you please mark where it is you could see the blood on that particular photograph?
Okay. I'm circling on 2377 the stained area that corresponds with blood that I collected at a later date. (The instrument herein described as a photograph was marked for identification as Plaintiffs' Exhibit No. 2377.)
Don't beat me to the punch, Steve. The next one now is going to be 23 -- 23 what? 2378. Which is another photograph taken on September 1. And could you please put that up now, Steve. (The instrument herein described as a photograph was marked for identification as Plaintiffs' Exhibit No. 2378.)
(BY MR. LAMBERT) Now, would you point out to the jury where you see blood that was collected by you on September the 1st in this August 10 photograph?
Okay. The area that I'm concerned with here that shows a stained area is on that right rear area of the console, would be right down in this area here (indicating). You can see the darkened area. That corresponds with the stains that were collected by Mr. Fung and by myself on that upper corner.
On 2379 I'm circling with a red pen the right rear corner of the console showing the stained area.
Which will be 2380. (The instrument herein described as a photograph was marked for identification as Plaintiffs' Exhibit No. 2380.)
(BY MR. LAMBERT) Would you please take a look at that one and tell the jury if you can see any of the blood that you collected on September the 1st in that photograph?
This photograph actually shows two faint areas of staining that was later collected. One that was depicted earlier in a previous photograph, the smear or swipe stained area that's above the left arm rest on the side. And there also is another area which is on the inner side of -- of this console, appears right where I'm pointing to the picture, right there.
Now, I also would ask you whether this appears to be one of the stains that you collected in that photograph as well?
Yes, that's correct, that's a third area that we talked about previously up on the trim piece up here (indicating).
Can you please mark those, then, on the next one -- exhibit in order -- which is 2381? (The instrument herein described as a photograph was marked for identification as Plaintiffs' Exhibit No. 2381.)
Okay. On 2381, I am circling with the red pen the stained area above the arm rest, the stained area on that control module edge, and the stained area on the trim piece.
And finally, on Exhibit 2382, the final photograph we have taken on August 10, could you point out if you see any of the blood you collected on September 1 in that photograph and then point it out to the jury? (The instrument herein described as a photograph was marked for identification as Plaintiffs' Exhibit No. 2382.)
Okay. This photograph -- actually the photograph shows it better than up on the video screen. But it's very evident. The red staining on the right rear of the console back in this area right here which is a lower part of it. Little bit of staining on the upper right corner where the blood was collected from. And it does show a little bit of staining that's on the lower right side of the console, obviously -- or previously collected in the -- and collected by myself at a later time.
Would you, on Exhibit 2383, please mark the spots that you just pointed out to the jury where you see blood evidence?
Okay. I'm going to put one red circle around the combined stains on the right rear of the console area and one red circle around the stain that appears farther forward on the right-hand side of the console.
Now, Your Honor, with your permission, I'd ask that I pass these photographs with the magnifying glass to the jury so they have an opportunity to look at them themselves close up.
Turn the light on. (Bailiff complies.)
MR. P. BAKER: Your Honor, for one minute I'm going to run back for an exhibit. Are you taking a quick -- are you --
May I approach without the reporter with Mr. Baker? (A bench conference was held which was not reported.) (Counsel resume their seats.)
MR. BAKER: Why don't we go back up there. (A bench conference was held which was not reported.) (The following proceedings were held in open court in the presence of the jury.)
(BY MR. LAMBERT) Mr. Matheson, the photographs from August 10 showing the blood that you collected on September the 1st that we just passed around, those were taken outdoors at Viertel's. Have you ever been to the indoor Viertel's facility where cars are stored?
Are you able to do a search for something like these blood traces that we've been looking at in a car indoors at Viertel's without special lighting equipment?
(BY MR. LAMBERT) When you did car searches at Viertel's inside the lot, did you use a flashlight?
MR. P. BAKER: Irrelevant, Your Honor, it doesn't have to do with this case.
(BY MR. LAMBERT) And would you have been able to see the evidence without a flashlight?
MR. P. BAKER: Lack of foundation.
(BY MR. LAMBERT) Now let's turn to another subject. Before you is exhibit number -- what is this exhibit number -- 2312, the Bundy glove. Do you recognize that glove, sir?
Yes. Appearing on the lower palm area of the glove are my initials, GBM, along with the letter A and an arrow pointing to an area I sampled for testing, a D and a line pointing to an area that was sampled for testing. On the back of the palm is a white B with an arrow pointing to an area where I -- I did some testing. There should also be a C which may appear under the -- under the tag.
I removed portions of the stains on there to do serological or blood typing, type of testing.
And what were the results that you got from that conventional serology test?
MR. P. BAKER: Objection, outside -- that's not rebuttal.
The results that I obtained from all four of the stained areas that I tested off of this glove was in an enzyme system called PGM subtyping. The results were a 2 plus 1 plus.
KEY QUOTEAfter obtaining those conventional serology tests, was any further testing done with regard -- in regard to this glove?
Well, the indication of who's blood it was was Mr. Goldman, the glove was found at the scene in proximity to Mr. Goldman's body, did not seem necessary at that point to do any further testing on this item.
Now, I'd like to show you some photographs of the glove, the first one of which is Exhibit 40, which is from the crime scene, and then in addition, I'd like to show you Exhibits 2309 -- put the number on the back.
THE COURT REPORTER: Have those been previously marked?
They've been previously marked. Yeah. 2309, 2310. (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2309.) (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2310.)
Which will be 2384. (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2384.)
2385. (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2385.)
2386. (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2386.)
2387. (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2387.)
2388. (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2388.)
And 2389. (The instrument herein described as photograph of glove was marked for identification as Plaintiffs' Exhibit No. 2389.)
(BY MR. LAMBERT) I would ask you, Mr. Matheson, if you could compare first the glove to the crime scene photograph, Exhibit 40, and tell me if the glove depicted in the crime scene is the same as the glove in front of you?
MR. P. BAKER: Lack of foundation.
(BY MR. LAMBERT) Could you point out to the jury on the Elmo up here, the stains on the crime scene photograph that appear on the glove here in court?
Again, some of it is a little more difficult to see up on the video screen, but I was making the comparison, just both a general appearance of the glove, but in particular there are a number of -- of stained areas or stains on the glove that appear in the photograph. There's two in this vicinity, and then along kind of drooling kind of stain on this side along with a larger pooled area of blood along this area of the glove and a stain up towards the kind of palm area. From looking at the location of those stains, and looking at the glove itself, even though you no longer have the chips of blood or the chunks of blood that are visible in this picture, on the glove, you can make out stained areas that are the same in appearance. There's -- in the lower portion of the glove itself, as a matter of fact, one of the stains sampled for testing is D. There's the -- two kind of roundish stains that appear here and here. There's the elongated kind of what I call a drooling type of stain that appears across here. An area of staining here near this notch in the glove where I -- it appears there was a larger amount of blood that would coincide with this stained area here, which also is, you know, the label is in a similar location to the label. And then in the palm area, there was a -- a chip or a stain, and that coincides with the stained area that I actually sampled and did some testing as point A on the glove.
Now, have you also compared the glove here in court to the other photographs I showed you which were taken on June 14 of the glove, and are there additional similarities between those photographs and the glove that you could point out to the jury? (Witness reviews photographs.)
That, that (indicating to photographs.) Several of the photographs are kind of wide shots or overall shots of the glove. The pictures that show the palm area have a similar type of staining as the crime scene photograph showing that they are the same glove. There are also some closeup pictures that are taken of the label on the glove itself.
This picture depicts the -- the label that's on the inside of the glove which has some red staining on it, particularly heaviest down in the area where it attaches to the glove itself. If you compare that to the exhibit that's here in court, the red stain has faded considerably over what it appears there. However, this is a -- excuse me (indicating to Elmo) -- a pattern that has, you know, some unique features to it. It is not just a circle or something. It has a couple of little protrusions that go across the printed line that if you look you can compare -- those same protrusions appear on the label itself just past the printed line, this staining here that extends between the stitch and the printed line also appears on the label on the glove here in court.
Looking at -- after looking at those photographs, Mr. Matheson, do you believe that this glove here in court is the same glove depicted in the crime scene photographs and in the June 14 photographs?
Now, a few days ago Mr. Baker showed Mr. Fung a photograph taken on June 14, the same time that these other ones, which is -- this is a blown-up version of Exhibit 2372. Have you seen that photograph before, sir?
MR. P. BAKER: I object to the question, Judge, it misstates the evidence, what transpired with Mr. Fung.
I didn't hear you.
MR. P. BAKER: What transpired with Mr. Fung, the examination of Mr. Fung. Move to strike the preface. If he wants to ask him a question, he can ask the question.
(BY MR. LAMBERT) The question is, a few days ago this photograph was shown to Mr. Fung. Have you seen the photograph before?
The first photograph you handed me, which I believe is marked 2372, is more a close-up picture of the glove than some of the ones I was looking at before. It shows the back left or -- excuse me -- the back side of the glove, in particular the ring finger and the middle finger. On the ring finger you can see a small amount of debris that's adhering to the surface of the leather.
Do you have any question as to whether this thing that we see on the glove is debris as opposed to a cut in the glove or a tear in the glove?
No, on examining particularly the close-up photograph, it's clearly a piece of debris that's sitting on the surface, kind of crusted in or caked in with what appears to be a little dirt and a hair that -- or a fiber that kind of wraps around it.
KEY QUOTEThe results that I obtained from all four of the stained areas that I tested off of this glove was in an enzyme system called PGM subtyping. The results were a 2 plus 1 plus.
You could tell there had already been some blood removed from that area.
It is not just a circle or something. It has a couple of little protrusions that go across the printed line... those same protrusions appear on the label itself just past the printed line.
On examining particularly the close-up photograph, it's clearly a piece of debris that's sitting on the surface, kind of crusted in or caked in with what appears to be a little dirt and a hair that — or a fiber that kind of wraps around it.