📄 Redirect examination of FBI photograph expert (2 of 2) — Thursday, January 16, 1997
Address:
C:\DEPT103\CIVIL\1997\JAN\16\REDIRECT-EXAMINATION-OF-FBI-PH.DOC
TRIAL
▲ Day 43 of 57

Redirect examination of FBI photograph expert (2 of 2)

Examiner: Peter Gelblum
Called by: Plaintiff • Date: Thursday, January 16, 1997 • Utterances: 14
Plaintiff's counsel Gelblum conducts a brief redirect of an FBI photography expert, reinforcing that negative 7-A showed no signs of alteration and that the negative's publication in November 1993 — eight months before the murders — undercuts any motive to alter it. Defense counsel Leonard immediately begins recross challenging the chain of custody of that negative.
1 Q:

Did you see any sign of alteration in negative 7-A, the one reprinted in the Buffalo Bills Weekly?

2 A:

No, sir, I did not.

3 Q:

Does the fact the negative from that photograph was printed in November, 1993, some eight months before the murders in this case, have any affect in your opinion in terms of motivation?

4 A:

As far as motivation goes, I would think if you were going to alter a photograph, you would definitely want -- not want to have it published ahead of the -- the subjective time that's in question.

5 Q:

Mr. Leonard asked you whether you had access to original negatives frequently before?

6 A:

The answer was no.

7 Q:

Okay. Does having access to the original negatives make your determination more certain or less certain?

8 A:

More certain.

9 Q:

And what do continuous scratches tell you about the sheet of negatives?

10 A:

Well, continuous scratches -- the reason I look for scratches, let's put it this way, the reason I look for scratches particularly is usually only in -- for the most part, in cut negatives where we have negatives that are cut, so I can determine that, in fact, at one time they were contiguous -- continuously one negative. But there may be many, many types of scratches. Some due to camera, some due to the processor, some due to mishandling, sometimes just placing in and out of the enlarger will cause scratches. Some of those won't match up because they've been produced on the negative after the actual cutting has been done. Just as long as the majority of them have been matched up, I can be fairly confident in my own mind this was one negative, all at one time, no one has substituted, let's say a proportion of five images into that group. That's the basic reason we look at the scratches.

11 Q:

Any of those scratches in any way indicative of any alteration in these negatives?

12 A:

No, sir.

13 MR. GELBLUM:

Thank you. I have nothing further. RECROSS-EXAMINATION BY MR. LEONARD:

14 Q:

You were asked a question by Mr. Gelblum about a photograph that was purported to have been published. You have no idea what the chain of custody of that negative was, do you, sir?

Temperature

procedural

Key Quotes (2)

Witness
if you were going to alter a photograph, you would definitely want -- not want to have it published ahead of the -- the subjective time that's in question.
Directly undercuts the defense theory of photo alteration by pointing to the implausibility of pre-murder manipulation.
Witness
Just as long as the majority of them have been matched up, I can be fairly confident in my own mind this was one negative, all at one time, no one has substituted, let's say a proportion of five images into that group.
Explains the scratch-matching methodology and affirms the integrity of the negative strip.

Evidence (1)

Informal
Negative 7-A, reprinted in the Buffalo Bills Weekly, published November 1993
discussed

Notable Exchanges (1)

LeonardWitness
Leonard opens recross by challenging whether the expert has any knowledge of the chain of custody of the negative in question, immediately attacking the foundation of Gelblum's redirect.
strategic

Credibility Attacks (1)

⚔ Witness
foundation challenge
Leonard attacks the expert's knowledge of the chain of custody for the Buffalo Bills Weekly negative, implying the witness cannot vouch for its integrity.

Objections

None recorded
Proceeding 8832 • 14 utterances • Plaintiff witness
Civil Trial
Department 103
⚖️ Start
📂 JAN 16, 1997 📄 Redirect examination of FBI ph
JAN 16, 1997 KRT DvH TD