Good afternoon.
Henry C. Lee, called as a witness by the Defendant, was sworn and testified as follows:
You do solemnly swear that the testimony you may give in the cause now pending before this court, shall be the truth, the whole truth and nothing but the truth, so help you God?
Currently, I'm the chief criminalist for state of Connecticut. Also, I'm the laboratory director for Connecticut State Police forensic laboratory. However, today, I come here as a--act as an independent consultant, nothing to do with my official capacity.
During the civil war, my family left mainland china when I was seven years old. We went to Taiwan. My father passed away. My mother raised us up.
Did you--what line of work did you--well, where did you get--you began your formal education in Taiwan?
I grow up in Taiwan. In 1957, I joined the police force, national police in Taiwan. I graduated from central police college in Taiwan in 1960. Subsequently, I become a police captain assigned in Taipei Police Department.
And when you became a captain in the police department, did you develop then an interest in forensic science?
As a--initial as a reporter and subsequently promoted as assistant editor, final editor of the paper.
All right. And when you arrived at the United States, what kind of work did you pursue?
Your Honor, it's really not relevant unless we're going to get into something forensic in nature.
I work in restaurant as a waiter and teach self-defense, kung fu, also gardening and to support myself to go through the school and my family.
KEY QUOTEWe develop a very close friendship and worked together on numerous research project, work on couple books together. We become close friends.
And in the course--in preparing for your testimony here, have you had conversations with Dr. de Forest about what you were going to tell this jury?
Did you show him various boards and other things that you prepared for purposes of your testimony?
Did you discuss with him the details of exactly what you were going to testify to in front of this jury?
All right. When did that--did you have an extensive conversation with him recently about your testimony?
All right. Now, you told us that you were working at--you got this degree in 1970 at John J. College for Criminal Justice. At that time, were you working at NYU?
Then in 1975, did you obtain a doctorate from New York University in biochemistry and molecular biology?
Yes. I--in 1975, I receive my Ph.D. in biochemistry with a concentration in molecular biology.
And at that time, did you then develop an affiliation with the University of New Haven?
Uh, I received my Ph.D.. Meanwhile, I'm still working at University--New York University medical center. Subsequently, I was promoted as research scientist. After receiving my Ph.D., I start exploring looking for other positions. In 1975, University New Haven offered me a position as assistant professor in forensic science.
And did you then begin a program at the University of New Haven in forensic science?
We--initially in 1975, we have a very small program, only few students. I'm the only faculty. Subsequently, in two years, I become associate professor, and another year, I become full professor, also the director of forensic science program. In meantime, we receive some grants and we develop a highly respect forensic science program. Now we have student come from all different state, other country. At the highest time--
At the highest time, we have four full-time faculty, about a dozen part-time faculties.
Now, in this program at the University of New Haven, starting in 1975, did you do work as--in criminal cases?
Yes. We also start a forensic laboratory, a teaching research and casework laboratory. In 1975, I start assist public defender's office first, exam physical evidence, assist attorney with their cases. In 1976, I become a consultant for Connecticut State Police forensic laboratory to assist them preparing a lot of cases, exam physical evidence.
At that time, late Governor Grasso offered me a position. And at that time, the police commissioner, Donald Long, and Colonel Rice persuaded me to join state police. So I took a salary cut, left university full-time, goes to police laboratory and become the first chief criminalist for the state of Connecticut.
Was this a job that essentially was created for you, a position they created for you?
Uh, in 1980, we start develop the laboratory. When I joined the state police laboratory, we have 27 uniformed police officer and two sergeants, one lieutenant assigned to me, and the laboratory, little later, convert men's room, very little equipment. And so gradually, we built a laboratory. So formally, state passed a statute called state forensic laboratory. I was named the director of that laboratory.
In this year, we just built a modern facility and the criminalistic section of my laboratory just move into the new facility.
And how many Ph.D. scientists and sections do you have in your forensic laboratory in Connecticut?
We have 14 sections in two major divisions. Identification is one division, criminalistic is another division. I have total together, I have 14 sections including fingerprint, document, firearm, tool marks, imprints, of course serology, immunology, DNA, chemistry, arson, reconstruction, a full-service laboratory.
We serve all 174 police department in our state, 189 fire department and fire marshall's office in our state. In addition, of course, state police, we have 13 troops. Also, we serve other state, local, federal agency in Connecticut.
Now, has your lab been asked by other states to come in and participate in investigations that are being conducted on a state or local level?
Uh, our laboratory being asked to assist many other laboratory department, police department, sheriff department or fire department around the country and around the world to assist them in case investigation.
In terms of the New England area, do you frequently get requests from those states?
Maine, New Hampshire, Vermont, Rhode Island, all the--of course, Massachusetts. All the New England states.
Uh, right now, personally, myself alone, I have about 370 active cases, just myself have to handle, including cases from Hawaii, including cases from New Mexico, cases from California, cases from New Jersey, Rhode Island, Massachusetts and many other state.
For example, in California, Mr. Clark, George Clark, from the San Diego area, are you doing something for the San Diego people?
All right. In terms--you mentioned California. What jurisdictions are you doing cases with in California?
Umm, I'm just assist. I'm not in charge by all means investigate a case. Just some time, a sheriff department, some other time, a victim's family asking me to assist, a case currently in l--Los Angeles Sheriff Department, another case in San Francisco area.
All right. Now, could you describe a little bit, how does it--what--are there three different ways that you would come to get a case? Could you please explain that to the jury?
The cases--of course, the Connecticut cases is submit to us. Our major obligation, my major responsibility is state of Connecticut. However, when other state government or other police department ask for assistance--for example, one state governor ask our governor or another police commissioner ask my boss, the commissioner. So that's an official request and we assess the situation, we'll assist it. The second type request is come through university. I'm still teaching at university, and through the university, cases submit, we work on those cases. The third type of a cases is asking me personally as an independent consultant and sometime by family of the victim or family of the accused or the police department directly contact me or foreign government contact me. Usually, I assess, again, situation of state department or justice department, will look at my schedule whether or not can fit in. Of course, obviously I cannot do every case myself.
You mentioned the federal government. Let's discuss a little bit your working relationship with the federal government. Do you have a working relationship with the forensic people at the Federal Bureau of Investigation?
Very long now. I used to be their chairman of researching committee. That's Asclad director and FBI research training center, a joint committee. I used to be the chairman of that committee. I taught for FBI academy for several times. Also, I took at least eight training courses of symposium offered by FBI, including different subject area.
And in terms of the lectures at the FBI, have you lectured there in the area of crime scene reconstruction?
And also, with respect to your involvement with the federal government, have you ever been asked to do crime--forensic work for the defense department?
For example, a case happened in Korea. Enlist man was charged for rape, homicide, and I was asked by--
What about the Department of Justice of the United States government, the Federal Department of Justice? What role have you played with them in terms of forensic laboratories?
Yes. I've been involved as a grant reviewer to review grants proposal, research proposal. Also, currently, I am serving committee call new technology, law enforcement. And also, once a while, when they have dispute, I being asked to review the casework, try to see the merit of this dispute.
Again--now, recently, have you been asked to do something by Kenneth Starr, the independent counsel who is investigating what is known as the Whitewater incident?
Now, in terms of work on an international level--well, I guess this is sort of a crossover--have the state department, Amnesty International, ever asked you to do any forensic investigation?
Yes. Sometime, Amnesty International or American Care and other civic groups organization ask me to assist, to look into certain aspect of a case.
And did one of these involve some nuns that were murdered in El Salvador a few years ago?
Yes. My involvement is very limited. Just identification, grouping of some bone remain.
Now, in terms of international work, other countries, have you been asked to assist in cases in the Netherlands?
Is Canada frequently asked--Canadian authorities frequently ask you to assist them?
Did you have any involvements in identifying remains dealing with the unfortunate events in Croatia?
Now, Dr. Lee, in terms of the side that you're usually on in criminal cases in terms of percentages, what percentage of the time are you called by the Prosecution and what percentage of the time are you called by the Defense?
Uh, approximately 95 percent is for the Prosecution, less than five percent for the Defense.
KEY QUOTEAnd ordinarily, that's in your role as--in your position in Connecticut, the state of Connecticut?
Matter of fact, state Connecticut almost 99 percent of time for Prosecution. Once in while, our funding involve exploratory type of physical evidence and Defense will ask me to testify.
Now, when you're working for the Prosecution on cases in your laboratory in Connecticut, what are your policies with respect to letting experts hired by the Defense come to your laboratory and join in experiments and examine evidence?
Sustained at this point. This is establishing credentials for testimony. That's not relevant at this point.
All right. In terms of the different areas that you have testified in as an expert for the Prosecution and Defense, just to get through it briefly, does that include hair examination?
Okay. Doctor, I would like to turn for a second to your writings. How many books or monographs or chapters in textbooks have you written?
And I think we've had some reference to some of them here. One of them is a book called introduction to criminalistics?
Uh, my book was translated in different languages, including china, Korea and currently Mexico.
I don't know the exhibit number on this. I'm not sure if this is marked. May I mark this next in order? We'll conform it if we have to. This is the monograph.
Go ahead. Proceed. What's our next--1337. I just hate to have more than one of the same thing floating around.
Your Honor, maybe we won't mark it. I'll just ask him about it and I'll substitute an exhibit number later.
Have you authored with Dr. Gaensslen and members of the Federal Bureau of Investigation a--what would you call this, a booklet or a monograph?
Yes. This just a monograph I co-author with other people, Dr. Gaensslen, that my co-worker at the University New Haven and Dave Bigby and Jim Courney, they work in the FBI academy. We together put together this guideline of collection, preservation of DNA evidence.
Uh, Twgdam, that's a technical working group on forensic application of DNA. That's FBI and the crime laboratory community put together, try to set up the guideline to improve the DNA testing services, application for forensic usage.
And did you also serve on a commission put together by the office of technology assessment?
Yes. That's a part of the--under the congress. Uh, I was a member of that DNA committee.
And are you at--did you--withdrawn. There's a book that we've discussed at some length during this trial known as DNA technology in forensic science, and that is a report of the national research council of the national academy of science. Are you familiar with it?
Well, you signed it and at the time that it was out, it was produced, you read it?
Now, in terms of your work as an editor, have you served as an editor of any journals in the area of forensic science?
I used to be on editorial board for nine different journals, but I just don't have enough time anymore. Currently, I serve on Journal Forensic Science. That's official publication of Academy of Forensic Science. Journal of Forensic Identification, that's the official publication for International Association of Identification. Also, I'm an editor for Forensic Review, and that was published by Taiwan Central Police College and the University Alabama. It's a review journal. And also, I'm an editor for Journal of American Pathology.
Now, if we could turn briefly to your teaching. You've indicated that you still have a position at the University of New Haven?
All right. And are there other institutions where you have either had part-time affiliation or been asked to give lectures?
Currently, I'm an agent professor at Central Connecticut University. And also, I team teach with some judges at University Connecticut law school. Also, I give lecture at Yale law school and some other medical school and also involved--I was involved in teaching at Northeastern University, John J. College of Criminal Justice, Bridgeport University, Western Connecticut University and numerous other higher education.
Yes. I was asked to talk to international group police organization, forensic scientists, medical examiners, sometimes judges' meeting, all different variety of professional organization.
Now, let's talk briefly about the professional associations where you're a member. What professional associations are you a member of and that you're active in?
Approximately 20 some different professional organization. Most are dealing with forensic science. To name a few, Academy of--American Academy of Forensic Science, England Forensic Society, England Fingerprint Society, International Association of Identification, International Bloodstain Pattern Analysis Association, International Homicide Detectives Investigators' Association and Northeastern Forensic Scientist Association, of course American Crime Laboratory Directors Association and some other organization.
Now, let's turn for--briefly to the International Association of Identification. What is this group involved in? What kinds of things do they focus on?
This probably the largest body, an international organization to promote new technique in identification involving education, training of their members. It's a very active group involving fingerprint, footprint, voice analysis, document examination, any technique and--such as crime scene investigation, all encompassed by that organization.
If I remember correctly, they have a basic crime scene technician level, intermediate level, then have a senior crime scene analyst level.
Do you teach in that certification program and serve as an advisor to the committee that sets the standards for certification?
I'm a member--was a member or still am member I guess. I don't know what my status now in the committee, but I was advisor for that certification program. Also helped them review the testing question.
Now, does the International Association of Identification--they have different kinds of memberships; is that correct?
Yes. Nominated and--by the board and review your qualification. It's a peer group review. It's honor basically. They award you for your compliments and your contribution in forensic identification.
And in this international association, are there less than 10 distinguished members?
And there's also an award that is given by the International Association of Identification known as the Denaro award?
And I think that Professor MacDonell talked a little bit about this one and who received it, but is this the highest award given by this organization?
Now, let's turn to the American Academy of Forensic Science. Could you tell us what that organization is?
American--American Academy of Forensic Science, that's the highest forensic professional organization in the United States. However, its membership is not limit to the forensic scientists from United States. We have international membership. So become almost international body. And that's the largest forensic gathering every year, exchange new information, have excellent scientific program. We discuss our research, casework and it's a promotion of forensic science as a profession.
And does the American Academy of Forensic Science have different membership classes, provincial members, members, fellows and some--a class of people known as distinguished fellows?
I'm one of the few receive distinguished medallion, and that's--again, it's a great Honor to give it to you by your peer. It's not like other award. It's a peer recognition.
And in addition to that, is there something known as the distinguished criminalist award?
All right. So--and is this an award given by the American Academy of Forensic Science?
The criminalistic section. And is that the highest award that the criminalistic section gives?
All right. Are you the only person that has received both the Denaro award from the international group and the distinguished criminal award from the American Academy of Forensic Scientists?
Distinguished criminalist award. At this moment, I'm the only one. I'm sure in the future, a lot of young men, young women will definitely receive those award.
Okay. I think that--I think you mentioned that you're--well, you're regional vice president of International Association of Bloodstain Analysts.
Let's talk a little bit about what's known as Asclad or the--what does that stand for exactly?
This is an organization for the laboratory director. There are 391 crime laboratory in the country. So we have an organization. Every year, usually FBI hosts a meeting in FBI academy. We together exchange information about laboratory management, how to improve the forensic services to our user group and how can we develop forensic science as a true profession. It's non-bias type of profession.
And are you a--on the issue of accreditation, are you an inspector that goes out and accredits laboratories?
Our laboratory will have the limitation as our physical building. We're working in a dorm, converted laboratory. We don't have safety shower, emergency exits, and a lot of stuff violate OSHA regulation. So obviously our physical plan will not pass. However, our new laboratory just built, half of us already--we're already move in, and our Governor Roland and the legislature very supportive to have a second phase to build. Once that complete, we're going to definitely apply for accreditation.
Now, Greg Matheson testified about--we've had some testimony about a group known as the American Board of Criminalists.
Uh, this is a group to certify criminalists, have a certification program in the forensic criminalistic area.
Uh, it's a history. Long time ago, National Institute of Justice, justice department first develop this program, I'm one of the peer reviewer, develop questions to test other people in the country. That's in 19--late 70's or early 80's. Subsequently, this American Criminalist Board of Certification established, was one of the board members. And also, I reviewed the question, test the question, so-called pretest. So if I took the--know what's on the test, I feel not fair for me to take the test again. It's not fair, you know, you already know the questions. So that's why I did not take the test.
And I take it that--last question in these areas. From just walking around your office, it appears that--do you receive like hundreds of appreciation awards from police departments and crime labs around the country for your work with them?
It's approximately 400 different commendations, citations, certifications, award from all over the country and all over the world.
This case, in June 14, I receive a phone call from attorney Shapiro, Bob Shapiro, asking me to assist in this case.
And at that time, did you contact anyone in the Los Angeles Police Department or the SID about contributing your services in the investigation?
Well, did you ask for an opportunity to have access to evidence as it was being tested by anybody at the SID to participate in that process?
I did call LAPD laboratory. I know some scientists there. We're good friends, and I did call the lab director, Michelle Kestler. As she was busy, we talked briefly, and subsequently she asked me to talk to Greg Matheson.
Yes. He's a very nice gentleman and good scientist. I talk to him, but I know he's concerned and reservation. We had a brief discussion. Basically I have to go through the attorneys.
Well, without telling us the content of the communication, were you directed to go through the attorneys in terms of your offer and desire to get access to the information?
Now, with respect to policies in your own laboratory concerning Defense experts, when you were working with the Prosecution in investigating evidence as it comes in in a case, what is your policy?
What--do you--are you receiving any money personally for the work you did in this case?
Was there--is there other money that is being given by Mr. Simpson for other purposes?
Half of the--half of the compensation goes to University New Haven, have a scholarship fund for law enforcement officer, workshops or young students want to major forensic science. The other half goes to Department of Public Safety for the training, equipment, laboratory services.
KEY QUOTENow--and how much money to this point has been donated to these two--the University of New Haven and the Connecticut Police lab?
Approximately--I don't remember exactly. The check just go direct. I just sign it. I don't want to look at it. It just goes to university. Approximately 25,000 each institution.
Now, what were you asked to do in terms of this case for the Defense? What tasks were you asked to perform? What areas?
Uh, basically involving review some physical evidence and exam, study the crime scene and crime scene pictures, photographs, try to find the scientific fact, what involved in this case. So my role is rather limited, not really involving other aspect of investigation. In addition, when the time I was called in, the crime scene already almost nonexist. So my involvement just so-called a limit review of the crime scene photographs and crime scene inspection. Physical evidence, that's my strength. I exam quite a few pieces physical evidence.
Did you review the DNA evidence in this case, all the hybridization strips and autorads and everything that came out of LAPD, the Department of Justice and cellmark?
Forensic science is a general term, encompass a variety of professions. We basically apply the nature science to the matter of law, which encompass, for example, forensic medicine, pathology, forensic odontology--that's forensic dentistry--forensic anthropology, of course criminalistics.
Criminalistics is a narrow field of the forensic science. In criminalistics, a criminalist is a person working criminalistic field, which we deal with scientific evidence, physical evidence. We deal with crime scene patterns, crime scene investigation, crime scene reconstruction. We study hairs, fibers, footprint, fingerprint, blood, DNA, variety of physical objects. Also, we're dealing with other so-called trace evidence, gloves, soil, metal, plastic, sometime hair fiber also list as trace evidence. We in addition also look at, for example, rape, seminal evidence, fire accelerant. Let's say building collapse. We look at construction. And if airplane fall down, we have to go there, look at body remain, try to identify and hopefully can assist to identify the cause.
Now, the term "Crime scene reconstruction," would it be fair to say that after looking at as much evidence as you can, crime scene reconstruction would involve trying to figure out what happened, how it happened and the sequence of events?
Uh, yes. In certain aspect, you're absolute correct. Crime scene reconstruction, just basically based on the physical evidence, result of study of physical evidence, analysis of physical evidence and crime scene study, try to put the piece of puzzle together to determine when it happened, how did it happen, what did happen, where it happen. So called six W, and of course, try to answer certain aspect of sequence of event.
Actually we're going to take a recess at this point. All right. Ladies and gentlemen, we're going to take a brief recess at this time. Please remember all my admonitions to you. We'll be in recess for 15 minutes. All right. Dr. Lee, you can step down. Return in 15, please.
I work in restaurant as a waiter and teach self-defense, kung fu, also gardening and to support myself to go through the school and my family.
Approximately 95 percent is for the Prosecution, less than five percent for the Defense.
Well, it's distinguished criminalist, not distinguished criminal.
I cannot make a complete reconstruction for this case.
Half of the compensation goes to University New Haven, have a scholarship fund for law enforcement officer... The other half goes to Department of Public Safety for the training, equipment, laboratory services.