Cross-examination of Prof. Herbert MacDonell (part 4)

📄 Cross-examination of Prof. Herbert MacDonell (part 4) — Tuesday, August 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\1\CROSS-EXAMINATION-OF-PROF-HERB.DOC

TRIAL

▲ Day 126 of 167

◀ Sidebar: blood drying time Sidebar (1) ▶

Witness: Prof. Herbert MacDonell
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, August 1, 1995 • Utterances: 32

Peter Neufeld conducted a brief redirect examination of Prof. Herbert MacDonell focused on the socks evidence, specifically whether perspiration experiments were possible and whether the absence of diffusion in the blood stains indicated the socks were not wet when the blood was applied. Marcia Clark objected repeatedly but was overruled on nearly every point, with only the final question — asking MacDonell to opine on whether the socks were wet when removed — being sustained.

# 1 (The following proceedings were held in open court:)

# 2 MR. NEUFELD:

May I?

# 3 THE COURT:

Thank you, counsel.

FURTHER REDIRECT EXAMINATION BY MR. NEUFELD

# 4 MR. NEUFELD:

Professor MacDonell, the Prosecutor asked you about whether or not you had done any experiments on the socks to test for the perspiration at any earlier time. Are any such experiments possible?

# 5 MS. CLARK:

Objection. That calls for speculation, your Honor.

# 6 THE COURT:

Overruled.

# 7 PROF. MACDONELL:

Certainly they are possible.

# 8 MR. NEUFELD:

What would the experiment be?

# 9 PROF. MACDONELL:

You would have to get someone exerting themselves to the point where they perspired profusely to soak through from the inside to the outside of the sock.

KEY QUOTE

# 10 MR. NEUFELD:

In addition to experiments, sir, can somebody who is trained make an assessment on whether or not those socks were soaked in perspiration at about the time that the blood was put on them?

# 11 MS. CLARK:

Objection. That calls for speculation.

# 12 THE COURT:

Overruled.

# 13 MS. CLARK:

Beyond the scope of his expertise, your Honor.

# 14 PROF. MACDONELL:

Yes.

# 15 THE COURT:

Overruled.

# 16 MR. NEUFELD:

And did you do that, sir?

# 17 PROF. MACDONELL:

I examined the photograph again which showed very clear staining and no evidence of dilution or diffusion.

KEY QUOTE

# 18 MS. CLARK:

Objection. That is speculation again, beyond his expertise.

# 19 THE COURT:

Overruled. Overruled.

# 20 MR. NEUFELD:

And had there been extensive perspiration, would there be evidence of diffusion?

# 21 MS. CLARK:

Objection. Speculation, your Honor.

# 22 THE COURT:

Overruled.

# 23 MS. CLARK:

No foundation.

# 24 THE COURT:

Overruled.

# 25 PROF. MACDONELL:

I would expect to see it, yes.

KEY QUOTE

# 26 MR. NEUFELD:

Miss Clark just asked you another question about socks being taken off when they are wet in the bedroom. From what you know about the case and your observations of the socks, sir, do you have any reason to believe that the socks were wet at the time they were removed in that bedroom?

# 27 MS. CLARK:

Objection, objection.

# 28 THE COURT:

Sustained.

# 29 MR. NEUFELD:

Nothing further, your Honor.

# 30 THE COURT:

Anything further?

# 31 MS. CLARK:

Nothing further.

# 32 THE COURT:

All right. Mr. MacDonell, thank you very much. You are excused. Ladies and gentlemen, we will take our recess for the afternoon session. Please remember all of my admonitions to you. Don't discuss the case among yourselves, don't form any opinions about the case, don't conduct any deliberations until the matter has been submitted to you, do not allow anybody to communicate with you with regard to the case. We will stand in recess until 1:00 P.M. and counsel, if you recollect, we have an early recess today at 3:45 for a juror appointment, but we do have some legal issues to take up.

Temperature

procedural

Key Quotes (3)

Prof. Herbert MacDonell

I examined the photograph again which showed very clear staining and no evidence of dilution or diffusion.

Core defense argument: the blood pattern on the socks is inconsistent with them being worn and sweaty, supporting the planted-evidence theory.

Prof. Herbert MacDonell

I would expect to see it, yes.

Confirms that perspiration at the time of blood transfer would have caused visible diffusion — which was absent, bolstering the defense's planted-blood narrative.

Prof. Herbert MacDonell

You would have to get someone exerting themselves to the point where they perspired profusely to soak through from the inside to the outside of the sock.

Establishes the evidentiary standard for a perspiration test, framing how the blood stain pattern is anomalous.

Evidence (2)

Informal

Photograph of the socks showing blood staining pattern

discussed — MacDonell described 'very clear staining and no evidence of dilution or diffusion'

Informal

The socks found in OJ Simpson's bedroom

discussed — whether they showed signs of perspiration at time blood was applied

Notable Exchanges (1)

Marcia Clark•Lance A. Ito

Clark objected six consecutive times in rapid succession — speculation, beyond expertise, no foundation — and was overruled on all but the final question. The sustained objection came when Neufeld asked MacDonell to directly opine on whether the socks were wet when removed, which the court found a step too far.

strategic

Objections

8 objections (1 sustained, 6 overruled)

Proceeding 7117 • 32 utterances • Defense witness

Criminal Trial

Department 103