Cross-examination of Gilbert Aguilar (part 2)

📄 Cross-examination of Gilbert Aguilar (part 2) — Thursday, August 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\17\CROSS-EXAMINATION-OF-GILBERT-A.DOC

TRIAL

▲ Day 138 of 167

◀ Cross-examination of Gilbert Aguilar (part 1) Redirect examination of Gilbert Aguilar ▶

Witness: Gilbert Aguilar
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, August 17, 1995 • Utterances: 114

Prosecution cross-examines defense fingerprint expert Gilbert Aguilar, focusing on the limitations of the fingerprint comparison process. Darden works to undermine the significance of OJ Simpson's prints not being found at the crime scene by establishing that fingerprints are transient, can't be dated, and that dozens of individuals who had access to the property — Nicole's sisters, Jason Simpson, household staff — were never compared to the latent prints recovered.

# 1 THE COURT:

Overruled.

# 2 MR. DARDEN:

Now, this was a Ferrari; is that right?

# 3 MR. AGUILAR:

Yes.

# 4 MR. DARDEN:

And what color was it?

# 5 MR. AGUILAR:

White.

# 6 MR. DARDEN:

You don't know whether or not some curious person touched the car while looking inside, do you?

# 7 MR. COCHRAN:

Object to the form of the question.

# 8 THE COURT:

Sustained.

# 9 MR. DARDEN:

Would you agree that with regard to each of the prints lifted from the Ferrari--well, strike that. Let's go to cards no. 16 and 17. These relate to the Jeep Cherokee; is that correct?

# 10 MR. AGUILAR:

Yes.

# 11 MR. DARDEN:

And that's Nicole Brown's Jeep Cherokee?

# 12 MR. AGUILAR:

I don't know who owned it.

# 13 MR. DARDEN:

Okay. Is it your understanding that the Cherokee was parked in the driveway at the rear of the condo?

# 14 MR. AGUILAR:

Yes.

# 15 MR. DARDEN:

You don't know where that Cherokee had been that day; is that correct?

# 16 MR. AGUILAR:

That's correct.

# 17 MR. DARDEN:

You don't know if Nicole Brown drove it to the recital?

# 18 MR. AGUILAR:

No, I don't.

# 19 MR. DARDEN:

You don't know who if anyone other than the murderer touched that vehicle; is that correct?

# 20 MR. COCHRAN:

Calls for speculation, your Honor.

# 21 THE COURT:

Sustained.

# 22 MR. DARDEN:

At any event, you lifted two prints from the Jeep Cherokee; is that correct?

# 23 MR. AGUILAR:

Miss Duke lifted two prints.

# 24 MR. DARDEN:

Okay. And were either of those two prints located near the door handles to the vehicle?

# 25 MR. AGUILAR:

No. They were on the outside, the passenger side of the vehicle, rear fender.

# 26 MR. DARDEN:

The rear fender?

# 27 MR. AGUILAR:

The rear.

# 28 MR. DARDEN:

You've already told us that you can't date a fingerprint, correct?

# 29 MR. AGUILAR:

That's correct.

# 30 MR. DARDEN:

How long can they last on a surface?

# 31 MR. AGUILAR:

A latent print could last--depending on the circumstances, could last as little as a few seconds to a year, maybe more.

KEY QUOTE

# 32 MR. DARDEN:

Now, when someone frequents a residence, it isn't uncommon to find their fingerprints in different areas of that residence; is that correct?

# 33 MR. AGUILAR:

You do find their fingerprints in different areas, yes.

# 34 MR. DARDEN:

Did you find any prints in this case, any prints belonging to the Defendant that would suggest to you that he frequented Nicole Brown's condominium?

# 35 MR. COCHRAN:

Object to the form of that question.

# 36 THE COURT:

Sustained. Rephrase the question.

# 37 MR. DARDEN:

Well, did you find the Defendant's fingerprint near any of the bathroom areas inside the condominium?

# 38 MR. COCHRAN:

Object, your Honor. Object to the form of the question. Said prints weren't found anywhere.

# 39 THE COURT:

Overruled, but rephrase the question.

# 40 MR. DARDEN:

Okay. Prints were lifted from one of the bathrooms; is that correct?

# 41 MR. AGUILAR:

From the outside door, yes.

# 42 MR. DARDEN:

You didn't find the Defendant's fingerprints there, correct?

# 43 MR. AGUILAR:

His fingerprints were not there.

KEY QUOTE

# 44 MR. DARDEN:

You didn't find the Defendant's fingerprint on the interior doorknob to the front door; is that correct?

# 45 MR. AGUILAR:

His fingerprints were not there. That's correct.

KEY QUOTE

# 46 MR. DARDEN:

Now, you told us that there were other individuals whose fingerprints you didn't have to compare to the prints left at the scene; is that correct?

# 47 MR. AGUILAR:

Yes.

# 48 MR. DARDEN:

Okay. That would include Sidney and Justin Simpson?

# 49 MR. AGUILAR:

Yes.

# 50 MR. DARDEN:

You weren't allowed to have those?

# 51 MR. COCHRAN:

Object to the form of the question.

# 52 THE COURT:

Overruled. You requested those?

# 53 MR. AGUILAR:

Yes, I requested them, but I never received them.

KEY QUOTE

# 54 MR. DARDEN:

Okay. We've all probably seen persons have their fingerprints taken and placed on an exemplar card on television. Is that basically how it goes? You roll your fingers in ink and then they're rolled on to a card?

# 55 MR. AGUILAR:

Yes. You apply a thin later of printer's ink to the fingerprints, you roll it across and then you get it to the white fingerprint card and you just roll it again and you get a permanent record of the latent or of the ink print.

# 56 MR. DARDEN:

Did you compare--well, strike that. You told us that you compared Denise Brown's fingerprint to the latent prints lifted at the scene; is that correct?

# 57 MR. AGUILAR:

Yes.

# 58 MR. DARDEN:

Are you aware that she has another sister named Tanya?

# 59 MR. AGUILAR:

Yes.

# 60 MR. DARDEN:

And did you compare hers?

# 61 MR. AGUILAR:

I don't remember if I did or not.

# 62 MR. DARDEN:

Okay. Are you aware that she has another sister named Dominique?

# 63 MR. AGUILAR:

No. I don't know how many sisters she has. I know she had at least one.

# 64 MR. DARDEN:

And did you compare Dominique Brown's known exemplar to the latent prints at the scene?

# 65 MR. AGUILAR:

I'd have to check my records.

# 66 (Brief pause.)

# 67 MR. DARDEN:

While he's--

# 68 MR. AGUILAR:

No. I only--the only--the only sister that I compared was a Denise.

# 69 MR. DARDEN:

Now, the document you're looking at, that document was marked by Mr. Cochran as evidence; is that correct?

# 70 MR. AGUILAR:

It was one of them I believe.

# 71 THE COURT:

1324.

# 72 MR. DARDEN:

And that is a page from that list of 58 individuals, individuals whose prints you compared to the latent prints at the scene; is that right?

# 73 MR. AGUILAR:

Yes.

# 74 MR. DARDEN:

Okay. Now, when you met with the Defense expert Mr. Ragle, did he ask you to obtain Dominique and Tanya Brown's fingerprints and compare them to the--

# 75 MR. COCHRAN:

Object, your Honor. Hearsay, no observation to that hearsay.

# 76 THE COURT:

Speaking objection. Sustained.

# 77 MR. DARDEN:

Did you compare Jason Simpson's prints?

# 78 MR. AGUILAR:

No.

# 79 MR. DARDEN:

Did you compare Nicole Brown--the baby-sitter's prints?

# 80 MR. COCHRAN:

Object. Facts not in evidence.

# 81 THE COURT:

Sustained.

# 82 MR. DARDEN:

Do you know whether Nicole Brown had a baby-sitter?

# 83 MR. COCHRAN:

Objection. Irrelevant and immaterial.

# 84 THE COURT:

Overruled.

# 85 MR. AGUILAR:

No.

# 86 MR. DARDEN:

Do you know whether or not she had a maid?

# 87 MR. AGUILAR:

No.

# 88 MR. DARDEN:

Do you know whether or not she had an Avon lady?

KEY QUOTE

# 89 MR. COCHRAN:

Objection, your Honor.

# 90 THE COURT:

Overruled.

# 91 MR. AGUILAR:

No.

# 92 MR. DARDEN:

How about a gardener or a grounds keeper?

# 93 MR. AGUILAR:

Not aware.

# 94 MR. DARDEN:

You didn't compare the prints of any of those individuals or any individuals fitting those categories to the prints left at the scene; is that correct?

# 95 MR. AGUILAR:

That's correct.

# 96 MR. DARDEN:

Now, is it uncommon to find fingerprints on areas or any areas that are accessible to the public?

# 97 MR. COCHRAN:

Object. That's vague, indefinite, uncertain, unintelligible.

# 98 THE COURT:

Vague.

# 99 MR. DARDEN:

Well, let's take a car, for instance. You have a car, right?

# 100 MR. AGUILAR:

Yes.

# 101 MR. DARDEN:

You drive the car places and you park it, right?

# 102 MR. AGUILAR:

Yes.

# 103 MR. DARDEN:

You park it on the street?

# 104 MR. AGUILAR:

Yes.

# 105 MR. DARDEN:

Okay. It's accessible to the public?

# 106 MR. AGUILAR:

Yes.

# 107 MR. COCHRAN:

Irrelevant and immaterial.

# 108 THE COURT:

Overruled.

# 109 MR. DARDEN:

It wouldn't be uncommon to find fingerprints on a vehicle that has been parked out in public, right?

# 110 MR. AGUILAR:

That's correct.

# 111 MR. DARDEN:

And it wouldn't be uncommon to find prints on that vehicle that could not be matched to any known individual; is that correct?

# 112 MR. AGUILAR:

That's correct.

# 113 MR. DARDEN:

And by your testimony today--well, strike that.

# 114 MR. DARDEN:

Thank you, sir.

Temperature

procedural

Key Quotes (4)

Gilbert Aguilar

A latent print could last--depending on the circumstances, could last as little as a few seconds to a year, maybe more.

Undermines the evidentiary weight of any print found — or not found — at the scene.

Gilbert Aguilar

Yes, I requested them, but I never received them.

Aguilar confirms he requested Sidney and Justin Simpson's prints for comparison but was never provided them, suggesting gaps in the investigation.

Gilbert Aguilar

His fingerprints were not there. That's correct.

Direct confirmation that OJ Simpson's prints were not found on the interior doorknob of the front door — the core defense point this witness was called to establish.

Christopher Darden

Do you know whether or not she had an Avon lady?

Part of Darden's deliberate escalation from legitimate visitors to absurdist ones, illustrating the near-infinite pool of uncompared persons whose prints could appear on surfaces accessible to Nicole's visitors.

Evidence (4)

Defense 1324

List of 58 individuals whose known fingerprint exemplars were compared to the latent prints lifted at the crime scene

referenced during cross to establish who was and was not compared

Cards 16 and 17

Fingerprint lift cards corresponding to the Jeep Cherokee

discussed; prints were lifted from the passenger-side rear fender, not near door handles

Informal

Latent prints lifted from the exterior door of one of the bathrooms inside the condominium

discussed; Simpson's prints were not among them

Informal

White Ferrari parked at the scene

briefly discussed regarding unknown persons potentially touching the vehicle

Notable Exchanges (3)

Christopher Darden•Gilbert Aguilar

Darden methodically lists categories of people — baby-sitter, maid, Avon lady, gardener — whose prints were never compared to scene evidence, building a picture of an under-inclusive investigation.

strategic

Christopher Darden•Gilbert Aguilar

Aguilar confirms OJ Simpson's prints were not found on the front door interior knob or the bathroom exterior door — the heart of the defense's fingerprint case — but Darden pivots to show the absence is inconclusive given the number of uncompared individuals.

strategic

Christopher Darden•Gilbert Aguilar

Aguilar reveals he never received Sidney and Justin Simpson's fingerprints despite requesting them, and never compared Jason Simpson's prints at all.

revealing

Light Moments (1)

Christopher Darden

Darden's escalating list of Nicole's hypothetical visitors culminates in asking about an 'Avon lady,' drawing an objection from Cochran.

Credibility Attacks (1)

⚔ Gilbert Aguilar

omission / scope of investigation

Darden establishes that Aguilar compared only 58 individuals' prints and excluded numerous people with plausible access to Nicole's home — including Jason Simpson, Nicole's sisters Tanya and Dominique, her babysitter, maid, and gardener — calling into question the completeness of the fingerprint comparison process.

Witness Demeanor

(Brief pause.) — Aguilar pauses to check his records before confirming he only compared Denise Brown among Nicole's sisters.

Objections

11 objections (6 sustained, 5 overruled)

Proceeding 7353 • 114 utterances • Defense witness

Criminal Trial

Department 103