📄 Recross-examination of Larry Ragle (part 1) — Monday, August 21, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\21\RECROSS-EXAMINATION-OF-LARRY-R.DOC
TRIAL
▲ Day 139 of 167

Recross-examination of Larry Ragle (part 1)

Witness: Larry Ragle
Examiner: Hank Goldberg
Called by: Defense • Date: Monday, August 21, 1995 • Utterances: 45
Goldberg challenges Ragle on cross to cite any specific forensic literature requiring air drying at the crime scene when using the cloth swatch technique — Ragle concedes he has no specific citation. Goldberg then tries to establish that the forensic literature contains variation in how to execute crime scene procedures, while Ragle defends the consistency of core principles.
1 MR. GOLDBERG:

Sir, are you repaired to cite to this jury any reference in the forensic science literature for the proposition that items should always be air dried at the scene when the cloth swatch technique was used to collect a dry stain?

2 MR. RAGLE:

Am I prepared to tell you where to look this up? Is that what you are asking? A printed reference?

3 MR. GOLDBERG:

Yeah. Did you bring a citation with you where you can say this person on this date and this journal wrote that when you use the cloth swatch technique you must always air dry at the scene?

4 MR. RAGLE:

I don't know of any. What we just read in Dr. Lee and the other author's books I think said that, and I believe there was something in the book you read from from doctor--from Barry Fisher, but I don't know if it is.

5 MR. GOLDBERG:

Well, can you point out for us where?

6 THE COURT:

Wait, wait. You guys are talking at the same time. Let him finish his answer.

KEY QUOTE
7 MR. GOLDBERG:

Okay.

8 MR. RAGLE:

I don't know if it used the word "Always."

9 MR. GOLDBERG:

In fact they said "Sometimes," right?

10 (No audible response.)
11 MR. GOLDBERG:

That was the only word that they used with respect to air drying, sometimes you should?

12 MR. RAGLE:

And I believe when you asked me that question before, when you said "Sometimes," I said it depends on the timing and the circumstances.

13 MR. GOLDBERG:

Okay. Now, what I'm asking you, and I will ask you again, is can you cite for us a single reference that specifically says that when you use the cloth swatch technique at a crime scene to collect a dried stain you must air dry it at the scene?

KEY QUOTE
14 MR. RAGLE:

No, I don't have any specific reference.

KEY QUOTE
15 MR. GOLDBERG:

And would you agree, sir, also, with the proposition that if we look at the forensic science literature and the textbooks as to how a crime scene should be processed, that we could find a variety of opinions on a variety of issues?

16 MR. RAGLE:

Not the basics. In various--I'm sure various authors under certain conditions would recommend some things, but the basic things that I indicated when we began this morning, the--I believe there were five basic rules, and I call those rules, absolutely required functions that must be done at a crime scene always have to occur. If they don't, you have a faulty crime scene.

17 MR. GOLDBERG:

Exactly. Those four things must occur?

18 MR. RAGLE:

Five.

19 MR. GOLDBERG:

I thought you said four. Recognition, collection, packaging and then what was the final one that you had mentioned?

20 MR. RAGLE:

Documentation and preservation.

21 MR. GOLDBERG:

Okay.

22 MR. RAGLE:

Preservation.

23 MR. GOLDBERG:

All right. As to the items that you referred, although we can find references to those five categories being musts, in terms of how to perform each one of those five categories, can we find differences between recognized forensic scientists in the literature?

24 MR. BLASIER:

I object. That is vague.

25 THE COURT:

Overruled.

26 MR. RAGLE:

I'm sure that if you looked at enough different books you would find some variations, but not--not--they are all focused towards the same common goal and that is to get the most information from the crime scene and to preserve the evidence.

KEY QUOTE
27 MR. GOLDBERG:

Of course, but we could find some variation in terms of how best to document the scene, couldn't we?

28 MR. RAGLE:

Well, I don't know who brought it up, but the videotaping is an example.

29 MR. GOLDBERG:

Right.

30 MR. RAGLE:

Some--some departments prefer to do--to do still photography and videotaping.

31 MR. GOLDBERG:

And some don't do either, right?

32 MR. RAGLE:

Oh, I don't know of any that doesn't photograph.

33 MR. GOLDBERG:

At small crime scenes there are some that don't take any photographs aren't there?

34 MR. RAGLE:

In malicious mischief type of crime scenes.

35 MR. GOLDBERG:

Or even in some low grade felonies; isn't that true?

36 THE COURT:

Not particularly relevant to this case.

37 MR. GOLDBERG:

Okay.

38 MR. GOLDBERG:

Well, sir, isn't it also true that in the area of identifying how best to identify evidence at a crime scene in terms of the techniques to use, there may also be some variation in the forensic literature?

39 MR. RAGLE:

I don't understand the first part of your question.

40 MR. GOLDBERG:

In terms of what specific technique to use in order to find evidence at a crime scene, there are some differences in the literature, aren't there?

41 MR. BLASIER:

Object. That is vague. He is talking about a specific process.

42 THE COURT:

I think we have sort of gone around this for a while.

43 MR. GOLDBERG:

Okay.

44 (Discussion held off the record between the Deputy District Attorneys.)
45 MR. GOLDBERG:

Yes, your Honor. There was one other thing that I want to get into, but it would require us to approach.

Temperature

tense

Key Quotes (4)

Larry Ragle
No, I don't have any specific reference.
Direct concession that his testimony about air drying requirements lacks a citable source in forensic literature.
Larry Ragle
I'm sure that if you looked at enough different books you would find some variations, but not--not--they are all focused towards the same common goal and that is to get the most information from the crime scene and to preserve the evidence.
Ragle tries to hold the line on his credibility by acknowledging variation while insisting the fundamentals are consistent.
Lance A. Ito
Wait, wait. You guys are talking at the same time. Let him finish his answer.
Ito intervenes early, signaling impatience with the pace and overlap of this examination.
Hank Goldberg
Okay. Now, what I'm asking you, and I will ask you again, is can you cite for us a single reference that specifically says that when you use the cloth swatch technique at a crime scene to collect a dried stain you must air dry it at the scene?
The prosecutorial goal of this segment — pinning down that LAPD's alleged failure to air dry lacks a codified standard Ragle can point to.

Evidence (2)

Informal
Dr. Henry Lee's forensic science textbook — referenced for air drying guidance
discussed
Informal
Barry Fisher's forensic science textbook — referenced for air drying guidance
discussed

Notable Exchanges (3)

Hank GoldbergLarry Ragle
Goldberg pins down Ragle's admission that the forensic literature uses 'sometimes' — not 'always' — regarding air drying, and that Ragle cannot cite a single source requiring it. Ragle's only defense is that context determines the requirement.
strategic
Hank GoldbergLarry Ragle
Minor credibility moment: Goldberg misremembers Ragle's five-step framework as four steps; Ragle corrects him.
revealing
Lance A. ItoHank Goldberg
Ito twice interrupts Goldberg's line of questioning — once for talking over the witness, once with 'I think we have sort of gone around this for a while' — signaling the repetitive nature of the examination.
procedural

Credibility Attacks (1)

⚔ Larry Ragle
lack of foundation / no citable authority
Goldberg repeatedly demands a citation from forensic literature to support Ragle's testimony that air drying at the scene is required practice; Ragle ultimately admits he has no specific reference, undermining the authority of his critique of LAPD's collection procedures.

Witness Demeanor

(No audible response.) — after Goldberg presses on the word 'sometimes'

Objections

3 objections (1 sustained, 1 overruled)
Proceeding 7972 • 45 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 AUG 21, 1995 📄 Recross-examination of Larry R
AUG 21, 1995 KRT DvH TD