📄 Direct examination of Dr. Henry Lee (part 1) — Tuesday, August 22, 1995
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▲ Day 140 of 167

Direct examination of Dr. Henry Lee (part 1)

Witness: Dr. Henry Lee
Examiner: Barry Scheck
Called by: Defense • Date: Tuesday, August 22, 1995 • Utterances: 436
Barry Scheck spent the entire proceeding establishing Dr. Henry Lee's credentials as an expert witness, covering his biography from wartime China through Taiwan, Malaysia, and his arrival in the US where he worked as a waiter, kung fu instructor, and gardener while earning degrees. By the time a recess was called, no substantive case testimony had begun — the session ended just as Scheck asked why Lee could not perform a complete crime scene reconstruction.
1 DR. LEE:

Good afternoon.

Henry C. Lee, called as a witness by the Defendant, was sworn and testified as follows:

2 THE CLERK:

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?

3 DR. LEE:

Yes, I do.

4 THE CLERK:

Please have a seat and state and spell your first and last names for the record.

5 DR. LEE:

Thank you. Henry C. Lee, L-E-E, Meriden, Connecticut.

DIRECT EXAMINATION BY MR. SCHECK

6 MR. SCHECK:

Dr. Lee, could you tell us what present position you hold?

7 DR. LEE:

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.

8 MR. SCHECK:

And, Dr. Lee, are you here by way of a subpoena?

9 DR. LEE:

Yes, sir.

10 MR. SCHECK:

Dr. Lee, where were you born?

11 DR. LEE:

Uh, I was born in china 1938, long time ago.

12 MR. SCHECK:

And did there come a time when you left mainland china and went to Taiwan?

13 DR. LEE:

Yes.

14 MR. SCHECK:

And is that--did you grow up in Taiwan?

15 DR. LEE:

Uh, during the civil war--

16 MR. GOLDBERG:

Your Honor, this is not relevant.

17 THE COURT:

Overruled.

18 MR. SCHECK:

I'll get there in a second.

19 THE COURT:

Proceed.

20 DR. LEE:

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.

21 THE COURT:

Next question.

22 MR. SCHECK:

Did you--what line of work did you--well, where did you get--you began your formal education in Taiwan?

23 DR. LEE:

Yes, sir.

24 MR. SCHECK:

And could you please describe that for us.

25 DR. LEE:

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.

26 MR. SCHECK:

And when you became a captain in the police department, did you develop then an interest in forensic science?

27 DR. LEE:

Uh, yes, sir.

28 MR. SCHECK:

And when you worked in the Taiwan Police Department, did you actually do cases?

29 DR. LEE:

Yes, sir.

30 MR. SCHECK:

Did you do crime scene investigation?

31 DR. LEE:

Yes, sir.

32 MR. SCHECK:

Did you do evidence comparison?

33 DR. LEE:

Yes.

34 MR. SCHECK:

Did you interview people, suspect interrogations?

35 DR. LEE:

Yes.

36 MR. SCHECK:

Did there come a time around 1964 where you left Taiwan and went somewhere?

37 DR. LEE:

Yes.

38 MR. SCHECK:

Could you tell us about that?

39 DR. LEE:

Uh, I went to Malaysia. My wife, we met in college, we got married.

40 MR. GOLDBERG:

Your Honor, it's not relevant.

41 THE COURT:

Went to Malaysia. Next question.

42 MR. SCHECK:

All right. And when you got to Malaysia in 1964, what occupation did you pursue?

43 DR. LEE:

Uh, I working in newspaper.

44 MR. SCHECK:

As what?

45 DR. LEE:

As a--initial as a reporter and subsequently promoted as assistant editor, final editor of the paper.

46 MR. SCHECK:

All right. In 1965, did you come to the United States?

47 DR. LEE:

Yes.

48 MR. SCHECK:

All right. And when you arrived at the United States, what kind of work did you pursue?

49 DR. LEE:

Uh, I did a lot of jobs.

50 MR. GOLDBERG:

Your Honor, it's really not relevant unless we're going to get into something forensic in nature.

51 THE COURT:

Overruled.

52 DR. LEE:

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 QUOTE
53 MR. SCHECK:

And while you were doing these jobs, did you attend the city university?

54 DR. LEE:

Yes.

55 MR. SCHECK:

And did you attend an institution known as John J.?

56 DR. LEE:

Yes. John J. College of Criminal Justice.

57 MR. SCHECK:

And did you also work during this period of time as a lab technician?

58 DR. LEE:

Yes.

59 MR. SCHECK:

And where was that?

60 DR. LEE:

I work at NYU medical center as a lab technician.

61 MR. SCHECK:

And did you receive a scholarship to go to John J. College of Criminal Justice?

62 DR. LEE:

Yes. I received some financial aid from the school.

63 MR. SCHECK:

And what--at that time--and this is around 1968?

64 DR. LEE:

Between `70, something around `70, 1970.

65 MR. SCHECK:

And what was this degree that John J. Was offering?

66 DR. LEE:

Offer bachelor's in forensic science.

67 MR. SCHECK:

And was that the only one then in the country or--

68 DR. LEE:

That's one of the better known schools at that time.

69 MR. SCHECK:

And at that time, did you meet a gentleman named Peter de Forest?

70 DR. LEE:

Yes.

71 MR. SCHECK:

And what was he?

72 DR. LEE:

Dr. de Forest was my professor that time.

73 MR. SCHECK:

And since that time, what has been your relationship with Dr. de Forest?

74 DR. LEE:

We develop a very close friendship and worked together on numerous research project, work on couple books together. We become close friends.

75 MR. SCHECK:

Now, has Dr. de Forest been hired as an expert by the Prosecution in this case?

76 DR. LEE:

Yes.

77 MR. GOLDBERG:

Irrelevant.

78 THE COURT:

Overruled.

79 MR. SCHECK:

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?

80 DR. LEE:

Yes.

81 MR. SCHECK:

Did you show him various boards and other things that you prepared for purposes of your testimony?

82 DR. LEE:

Yes, sir.

83 MR. SCHECK:

Did you discuss with him the details of exactly what you were going to testify to in front of this jury?

84 MR. GOLDBERG:

Irrelevant.

85 THE COURT:

Sustained at this point.

86 MR. SCHECK:

All right. When did that--did you have an extensive conversation with him recently about your testimony?

87 MR. GOLDBERG:

Irrelevant.

88 THE COURT:

Sustained at this point.

89 MR. SCHECK:

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?

90 DR. LEE:

Yes. I'm still work full-time, goes to school at night.

91 MR. SCHECK:

And were you--did you then pursue a degree at New York University?

92 DR. LEE:

Yes, sir.

93 MR. SCHECK:

And what was that?

94 DR. LEE:

Uh, a master degree in biochemistry.

95 MR. SCHECK:

And with whom were you working on your master's degree in biochemistry?

96 DR. LEE:

Dr. Sylvia Lee Wang and Dr. Severo Ochoa.

97 MR. SCHECK:

And did Dr. Ochoa--was he a Nobel Laureate in medical genetics?

98 DR. LEE:

Yes.

99 MR. SCHECK:

And were you his lab technician?

100 DR. LEE:

Yes.

101 MR. SCHECK:

Then in 1975, did you obtain a doctorate from New York University in biochemistry and molecular biology?

102 DR. LEE:

Yes. I--in 1975, I receive my Ph.D. in biochemistry with a concentration in molecular biology.

103 MR. SCHECK:

And at that time, did you then develop an affiliation with the University of New Haven?

104 DR. LEE:

No. That's afterwards.

105 MR. SCHECK:

Afterwards. Well, please explain how that occurred.

106 DR. LEE:

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.

107 MR. SCHECK:

And did you then begin a program at the University of New Haven in forensic science?

108 DR. LEE:

Yes.

109 MR. SCHECK:

And could you describe that?

110 DR. LEE:

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--

111 MR. GOLDBERG:

Objection. Narrative, your Honor.

112 THE COURT:

Overruled.

113 DR. LEE:

At the highest time, we have four full-time faculty, about a dozen part-time faculties.

114 MR. SCHECK:

Now, in this program at the University of New Haven, starting in 1975, did you do work as--in criminal cases?

115 DR. LEE:

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.

116 MR. SCHECK:

And in 1979, did your relationship to the Connecticut State Police change?

117 DR. LEE:

Yes.

118 MR. SCHECK:

And how did that happen?

119 DR. LEE:

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.

120 MR. SCHECK:

Was this a job that essentially was created for you, a position they created for you?

121 DR. LEE:

Yes, sir.

122 MR. SCHECK:

And in 1980, did you--was another position created?

123 DR. LEE:

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.

124 MR. SCHECK:

And what kind of facility do you have now in your laboratory?

125 DR. LEE:

In this year, we just built a modern facility and the criminalistic section of my laboratory just move into the new facility.

126 MR. SCHECK:

And how many Ph.D. scientists and sections do you have in your forensic laboratory in Connecticut?

127 MR. GOLDBERG:

Not relevant.

128 THE COURT:

That's compound.

129 MR. SCHECK:

All right. How many Ph.Ds work at your laboratory?

130 MR. GOLDBERG:

Irrelevant.

131 THE COURT:

Overruled.

132 DR. LEE:

Right this moment, I have six Ph.Ds and one Md. work in my laboratory.

133 MR. SCHECK:

How many scientists altogether?

134 DR. LEE:

We have 36 forensic scientists. They all finished their terminal degree.

135 MR. SCHECK:

How many different sections or areas do you have in the lab?

136 DR. LEE:

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.

137 MR. SCHECK:

And your laboratory handles cases in the state of Connecticut; is that right?

138 DR. LEE:

Yes, sir.

139 MR. SCHECK:

And for how many police departments do you handle cases?

140 DR. LEE:

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.

141 MR. SCHECK:

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?

142 DR. LEE:

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.

143 MR. SCHECK:

In terms of the New England area, do you frequently get requests from those states?

144 DR. LEE:

Maine, New Hampshire, Vermont, Rhode Island, all the--of course, Massachusetts. All the New England states.

145 MR. SCHECK:

And what about states outside the New England area?

146 DR. LEE:

Yes.

147 MR. SCHECK:

Right now, what states do you have cases with?

148 DR. LEE:

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.

149 MR. SCHECK:

For example, in California, Mr. Clark, George Clark, from the San Diego area, are you doing something for the San Diego people?

150 MR. GOLDBERG:

Compound, irrelevant, unintelligible.

151 THE COURT:

It is compound. Rephrase the question.

152 MR. SCHECK:

All right. In terms--you mentioned California. What jurisdictions are you doing cases with in California?

153 DR. LEE:

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.

154 MR. SCHECK:

That's Alameda County?

155 DR. LEE:

Yes.

156 MR. SCHECK:

Where Mr. Harmon is from?

157 DR. LEE:

Yes.

158 MR. SCHECK:

And what about San Diego as well?

159 DR. LEE:

San Diego, we just finished a case.

160 MR. SCHECK:

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?

161 DR. LEE:

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.

162 MR. SCHECK:

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?

163 DR. LEE:

Yes. They're very, very nice, good laboratory, highly respect in the field.

164 MR. SCHECK:

And what is the nature of that relationship and how long has it gone on?

165 DR. LEE:

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.

166 MR. SCHECK:

And in terms of the lectures at the FBI, have you lectured there in the area of crime scene reconstruction?

167 DR. LEE:

Yes.

168 MR. SCHECK:

Trace evidence?

169 DR. LEE:

Uh, basically in that nature. Not specifically in trace evidence.

170 MR. SCHECK:

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?

171 DR. LEE:

Yes.

172 MR. SCHECK:

And could you explain a little about that?

173 DR. LEE:

For example, a case happened in Korea. Enlist man was charged for rape, homicide, and I was asked by--

174 MR. GOLDBERG:

Your Honor, this really isn't relevant.

175 THE COURT:

Overruled.

176 DR. LEE:

--by the trial advocate, the Judge, to look into the case.

177 MR. SCHECK:

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?

178 DR. LEE:

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.

179 MR. SCHECK:

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?

180 DR. LEE:

Uh, by his assistant, Mark Tuohey, to look into death of Vincent Foster.

181 MR. SCHECK:

All right. And you can't discuss that?

182 DR. LEE:

I cannot discuss that.

183 MR. SCHECK:

But you have been asked to do that just recently?

184 DR. LEE:

I cannot discuss the matter.

185 MR. SCHECK:

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?

186 DR. LEE:

Yes. Sometime, Amnesty International or American Care and other civic groups organization ask me to assist, to look into certain aspect of a case.

187 MR. SCHECK:

And did one of these involve some nuns that were murdered in El Salvador a few years ago?

188 DR. LEE:

Yes. My involvement is very limited. Just identification, grouping of some bone remain.

189 MR. SCHECK:

Now, in terms of international work, other countries, have you been asked to assist in cases in the Netherlands?

190 DR. LEE:

Right this moment, yes, I have a case from Netherland.

191 MR. SCHECK:

Brunei?

192 DR. LEE:

Brunei involving homicide, some type homicide.

193 MR. SCHECK:

Taiwan?

194 DR. LEE:

Yes.

195 MR. SCHECK:

Is that homicide case currently going on?

196 DR. LEE:

Yes.

197 MR. SCHECK:

Canada?

198 DR. LEE:

Yes.

199 MR. SCHECK:

Is Canada frequently asked--Canadian authorities frequently ask you to assist them?

200 DR. LEE:

We work closely sometime for the Defense, sometime for Prosecution.

201 MR. SCHECK:

Germany?

202 DR. LEE:

Yes.

203 MR. SCHECK:

Scotland Yard?

204 DR. LEE:

We had a case before and we work with Scotland Yard.

205 MR. SCHECK:

Did you have any involvements in identifying remains dealing with the unfortunate events in Croatia?

206 DR. LEE:

Yes. And as matter of fact, probably this October, we'll have to go to Croatia.

207 MR. SCHECK:

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?

208 DR. LEE:

Uh, approximately 95 percent is for the Prosecution, less than five percent for the Defense.

KEY QUOTE
209 MR. SCHECK:

And ordinarily, that's in your role as--in your position in Connecticut, the state of Connecticut?

210 DR. LEE:

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.

211 MR. SCHECK:

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?

212 MR. GOLDBERG:

Not relevant, your Honor.

213 THE COURT:

Sustained at this point. This is establishing credentials for testimony. That's not relevant at this point.

214 MR. SCHECK:

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?

215 DR. LEE:

Yes.

216 MR. SCHECK:

Does it include enhancement and examination of footprint evidence?

217 DR. LEE:

Yes.

218 MR. SCHECK:

Arson investigation?

219 DR. LEE:

Yes.

220 MR. SCHECK:

Rape?

221 DR. LEE:

Yes.

222 MR. SCHECK:

Homicide?

223 DR. LEE:

Yes.

224 MR. SCHECK:

Trace evidence?

225 DR. LEE:

Yes.

226 MR. SCHECK:

Crime scene reconstruction?

227 DR. LEE:

Yes.

228 MR. SCHECK:

And something that's called blood spatter or blood splatter interpretation?

229 DR. LEE:

It's blood pattern interpretation.

230 MR. SCHECK:

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?

231 DR. LEE:

Including books or booklet, monographs or chapter, more than 20, more than 20 now.

232 MR. SCHECK:

Are some of these books used as textbooks in forensic science?

233 DR. LEE:

Yes.

234 MR. SCHECK:

And I think we've had some reference to some of them here. One of them is a book called introduction to criminalistics?

235 DR. LEE:

Yes. That book I co-authored with Dr. de Forest and Dr. Gaensslen.

236 MR. SCHECK:

All right. Is there another text known as physical evidence in forensic science?

237 DR. LEE:

Yes.

238 MR. SCHECK:

Is that one a bit more widely distributed?

239 DR. LEE:

Yes.

240 MR. SCHECK:

Have you recently published books in china?

241 DR. LEE:

Uh, my book was translated in different languages, including china, Korea and currently Mexico.

242 MR. SCHECK:

You have a new book on crime scene investigation?

243 DR. LEE:

Yes.

244 MR. SCHECK:

Now, with respect to the area of DNA, first of all, I believe--

245 MR. SCHECK:

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.

246 THE COURT:

I hate to have more than one of these things floating around.

247 MR. SCHECK:

I'm sorry?

248 THE COURT:

Go ahead. Proceed. What's our next--1337. I just hate to have more than one of the same thing floating around.

249 MR. SCHECK:

Your Honor, maybe we won't mark it. I'll just ask him about it and I'll substitute an exhibit number later.

250 THE COURT:

All right.

251 MR. SCHECK:

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?

252 DR. LEE:

Can I look at it?

253 (Brief pause.)
254 DR. LEE:

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.

255 MR. SCHECK:

And so that--that deals with how to collect DNA evidence at crime scenes?

256 DR. LEE:

That's not the book. Just a monograph.

257 MR. SCHECK:

And was that later published in substantial form in a journal?

258 DR. LEE:

Yes. This paper subsequently was published in two different journals.

259 MR. SCHECK:

Now, there's an organization known as Twgdam. What's that?

260 DR. LEE:

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.

261 MR. SCHECK:

And did you also serve on a commission put together by the office of technology assessment?

262 DR. LEE:

Yes. That's a part of the--under the congress. Uh, I was a member of that DNA committee.

263 MR. SCHECK:

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?

264 DR. LEE:

Uh, I know about it. I don't remember everything in the book.

265 MR. SCHECK:

Are you one of the authors of that report?

266 DR. LEE:

I'm one of the committee members.

267 MR. SCHECK:

Okay.

268 MR. GOLDBERG:

Objection. Not responsive.

269 THE COURT:

Overruled.

270 MR. SCHECK:

Well, you signed it and at the time that it was out, it was produced, you read it?

271 DR. LEE:

We're one of the committee member. So there are couple committee member work on it.

272 MR. SCHECK:

Now, in terms of your work as an editor, have you served as an editor of any journals in the area of forensic science?

273 DR. LEE:

Yes.

274 MR. SCHECK:

What are they?

275 DR. LEE:

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.

276 MR. SCHECK:

What is the American--what is that Journal of American Forensic Pathology?

277 DR. LEE:

That's a journal basically dealing with forensic medicine and forensic science.

278 MR. SCHECK:

Now, if we could turn briefly to your teaching. You've indicated that you still have a position at the University of New Haven?

279 DR. LEE:

Yes.

280 MR. SCHECK:

All right. And are there other institutions where you have either had part-time affiliation or been asked to give lectures?

281 DR. LEE:

Yes.

282 MR. SCHECK:

And what are they?

283 DR. LEE:

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.

284 MR. SCHECK:

People's University in Beijing?

285 DR. LEE:

Yes.

286 MR. SCHECK:

Have you been asked to give lectures to--at medical schools?

287 DR. LEE:

Yes.

288 MR. SCHECK:

Police--

289 DR. LEE:

Medical school, yes.

290 MR. SCHECK:

Police academies?

291 DR. LEE:

And police academy from almost every state in the country.

292 MR. SCHECK:

National District Attorneys' associations?

293 DR. LEE:

Yes.

294 MR. SCHECK:

Public defender's groups?

295 DR. LEE:

Yes.

296 MR. SCHECK:

Are you asked to give lectures at international meetings of police investigators?

297 MR. GOLDBERG:

Leading.

298 THE COURT:

Overruled.

299 DR. LEE:

Yes. I was asked to talk to international group police organization, forensic scientists, medical examiners, sometimes judges' meeting, all different variety of professional organization.

300 MR. SCHECK:

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?

301 DR. LEE:

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.

302 MR. SCHECK:

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?

303 DR. LEE:

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.

304 MR. SCHECK:

And do they have a certification program for crime scene analysts?

305 DR. LEE:

Yes, sir.

306 MR. SCHECK:

And what are the different steps in that program?

307 DR. LEE:

If I remember correctly, they have a basic crime scene technician level, intermediate level, then have a senior crime scene analyst level.

308 MR. SCHECK:

Do you teach in that certification program and serve as an advisor to the committee that sets the standards for certification?

309 DR. LEE:

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.

310 MR. SCHECK:

Now, does the International Association of Identification--they have different kinds of memberships; is that correct?

311 DR. LEE:

Yes.

312 MR. SCHECK:

And is there something known as a distinguished member?

313 DR. LEE:

Yes.

314 MR. SCHECK:

And are there--is that something that you have to be nominated to achieve?

315 DR. LEE:

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.

316 MR. SCHECK:

And in this international association, are there less than 10 distinguished members?

317 DR. LEE:

Yes.

318 MR. SCHECK:

Are you one of them?

319 DR. LEE:

Yes. I'm one of that--it's very dear to me and means a lot.

320 MR. SCHECK:

And there's also an award that is given by the International Association of Identification known as the Denaro award?

321 DR. LEE:

Yes.

322 MR. SCHECK:

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?

323 DR. LEE:

Yes.

324 MR. SCHECK:

And did you receive that, the so-called Denaro award?

325 DR. LEE:

Yes, I did receive.

326 MR. SCHECK:

Now, let's turn to the American Academy of Forensic Science. Could you tell us what that organization is?

327 DR. LEE:

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.

328 MR. SCHECK:

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?

329 DR. LEE:

Yes.

330 MR. SCHECK:

All right. And are you one of those distinguished fellows?

331 DR. LEE:

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.

332 MR. SCHECK:

And in addition to that, is there something known as the distinguished criminalist award?

333 DR. LEE:

Yes.

334 MR. SCHECK:

All right. So--and is this an award given by the American Academy of Forensic Science?

335 DR. LEE:

Yes. Criminalistic section, yes.

336 MR. SCHECK:

The criminalistic section. And is that the highest award that the criminalistic section gives?

337 DR. LEE:

Yes.

338 MR. SCHECK:

And did you receive that?

339 DR. LEE:

Yes, I did.

340 MR. SCHECK:

Now, I hate to--

341 MR. GOLDBERG:

Object to counsel's editorial.

342 MR. SCHECK:

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?

343 DR. LEE:

Well, it's distinguished criminalist, not distinguished criminal.

KEY QUOTE
344 MR. SCHECK:

Did I say that?

345 DR. LEE:

Yes.

346 MR. SCHECK:

My apologies.

347 DR. LEE:

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.

348 MR. SCHECK:

Okay. I think that--I think you mentioned that you're--well, you're regional vice president of International Association of Bloodstain Analysts.

349 DR. LEE:

I was.

350 MR. SCHECK:

A member and advisor to the International Homicide Investigators Association?

351 DR. LEE:

Yes.

352 MR. SCHECK:

Let's talk a little bit about what's known as Asclad or the--what does that stand for exactly?

353 DR. LEE:

American society of crime laboratory directors.

354 MR. SCHECK:

And what is that organization?

355 DR. LEE:

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.

356 MR. SCHECK:

And are you a--on the issue of accreditation, are you an inspector that goes out and accredits laboratories?

357 DR. LEE:

Yes. I was one of the early inspector for accreditation team.

358 MR. SCHECK:

Do you believe accreditation is important?

359 DR. LEE:

Yes.

360 MR. SCHECK:

Now, is your laboratory presently accredited by Asclad?

361 DR. LEE:

No, it's not.

362 MR. SCHECK:

Why not?

363 DR. LEE:

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.

364 MR. SCHECK:

Now, Greg Matheson testified about--we've had some testimony about a group known as the American Board of Criminalists.

365 DR. LEE:

Yes.

366 MR. SCHECK:

Are you familiar with that group?

367 DR. LEE:

Yes.

368 MR. SCHECK:

Could you tell the jury what that is?

369 DR. LEE:

Uh, this is a group to certify criminalists, have a certification program in the forensic criminalistic area.

370 MR. SCHECK:

Now, are you certified?

371 DR. LEE:

No, I'm not certified by that group.

372 MR. SCHECK:

Well, why not?

373 DR. LEE:

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.

374 MR. SCHECK:

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?

375 DR. LEE:

It's approximately 400 different commendations, citations, certifications, award from all over the country and all over the world.

376 MR. SCHECK:

Now, Dr. Lee, how is it that you got involved in this case?

377 DR. LEE:

This case, in June 14, I receive a phone call from attorney Shapiro, Bob Shapiro, asking me to assist in this case.

378 MR. SCHECK:

And at that time, did you contact anyone in the Los Angeles Police Department or the SID about contributing your services in the investigation?

379 MR. GOLDBERG:

Not relevant, your Honor.

380 THE COURT:

Sustained.

381 MR. SCHECK:

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?

382 MR. GOLDBERG:

Not relevant, your Honor.

383 THE COURT:

Overruled.

384 DR. LEE:

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.

385 MR. SCHECK:

And did you speak to him?

386 DR. LEE:

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.

387 MR. GOLDBERG:

At this time, calls for hearsay.

388 THE COURT:

All right. Let's move on.

389 MR. SCHECK:

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?

390 MR. GOLDBERG:

Calls for hearsay and it's also leading, your Honor.

391 THE COURT:

Sustained.

392 MR. SCHECK:

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?

393 MR. GOLDBERG:

Objection. Irrelevant. Same objection from this morning.

394 THE COURT:

Sustained.

395 MR. SCHECK:

Could we discuss this at another time?

396 THE COURT:

It's not likely. Proceed.

397 MR. SCHECK:

Dr. Lee, do you have a regular fee for consultations?

398 DR. LEE:

Yes.

399 MR. SCHECK:

And what is it?

400 DR. LEE:

Uh, I have a regular fee. Basically is $300 per hour, my service.

401 MR. SCHECK:

All right. And did you charge a regular fee in this case?

402 DR. LEE:

No.

403 MR. SCHECK:

What--do you--are you receiving any money personally for the work you did in this case?

404 DR. LEE:

Only reimburse my traveling expenses.

405 MR. SCHECK:

Was there--is there other money that is being given by Mr. Simpson for other purposes?

406 DR. LEE:

Yes. Requested donation--

407 MR. GOLDBERG:

Objection, your Honor.

408 THE COURT:

Overruled.

409 DR. LEE:

A request in lieu the consultation fee, half of the consultation fee--

410 MR. GOLDBERG:

Your Honor--

411 DR. LEE:

--donate to--

412 THE COURT:

Overruled.

413 MR. GOLDBERG:

Not relevant.

414 THE COURT:

Where the compensation is going? Overruled.

415 DR. LEE:

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 QUOTE
416 MR. SCHECK:

Now--and how much money to this point has been donated to these two--the University of New Haven and the Connecticut Police lab?

417 DR. LEE:

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.

418 MR. SCHECK:

Now, what were you asked to do in terms of this case for the Defense? What tasks were you asked to perform? What areas?

419 DR. LEE:

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.

420 MR. SCHECK:

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?

421 DR. LEE:

No, I did not.

422 MR. SCHECK:

Now, Dr. Lee, what is forensic science?

423 DR. LEE:

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.

424 MR. SCHECK:

What is criminalistics?

425 DR. LEE:

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.

426 MR. SCHECK:

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?

427 DR. LEE:

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.

428 MR. SCHECK:

Now, are there degrees of reconstruction, complete versus partial and limited?

429 DR. LEE:

Yes.

430 MR. SCHECK:

Now, were you able to do a complete crime scene reconstruction in this case?

431 DR. LEE:

No.

432 MR. SCHECK:

Why not?

433 DR. LEE:

I cannot make a complete reconstruction for this case.

KEY QUOTE
434 MR. GOLDBERG:

I'll object getting into anything behind his qualifications at this point.

435 THE COURT:

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.

436 (Recess.)

Temperature

procedural

Key Quotes (5)

Dr. Henry Lee
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.
Humanizes one of the most credentialed experts in the trial; contrasts his humble American beginnings with his later stature.
Dr. Henry Lee
Approximately 95 percent is for the Prosecution, less than five percent for the Defense.
Preemptively defuses the perception that Lee is a hired gun for the defense; he is overwhelmingly a prosecution expert.
Dr. Henry Lee
Well, it's distinguished criminalist, not distinguished criminal.
Scheck called the award the 'distinguished criminal award' — Lee's deadpan correction was the most memorable moment of an otherwise dry credential session.
Dr. Henry Lee
I cannot make a complete reconstruction for this case.
The only substantive case statement before recess; sets up what will be a partial or limited reconstruction opinion, significant for the defense framing.
Dr. Henry Lee
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.
Establishes he is not personally profiting; ~$50,000 donated total, which insulates him from financial bias attacks.

Evidence (3)

1337 (tentative)
Monograph on DNA evidence collection and preservation co-authored by Lee, Gaensslen, and FBI academy personnel (Bigby and Courney); later published in two journals.
Shown to witness; nearly marked as exhibit, then held for later
Informal
'Introduction to Criminalistics' — textbook co-authored by Lee, de Forest, and Gaensslen
Referenced in passing
Informal
'DNA Technology in Forensic Science' — NRC/National Academy of Sciences report; Lee was a committee member/signatory
Discussed; Lee acknowledged membership on the committee

Notable Exchanges (4)

Barry ScheckDr. Henry Lee
Scheck referred to the 'distinguished criminal award' and Lee corrected him on the record: 'Distinguished criminalist, not distinguished criminal.'
light/wry
Barry ScheckLance A. Ito
Judge expressed mild irritation about a loose exhibit — 'I just hate to have more than one of these things floating around' — before telling Scheck to proceed without formally marking it.
light/procedural
Barry ScheckHank GoldbergLance A. Ito
Scheck repeatedly tried to elicit that Lee offered to cooperate with LAPD/SID during their investigation and was rebuffed; Goldberg objected on relevance and hearsay grounds; Ito sustained and then flatly said 'It's not likely' when Scheck asked if they could revisit the issue.
strategic/blocked
Barry ScheckDr. Henry Lee
Lee disclosed he is currently consulting for Kenneth Starr's office on the death of Vince Foster as part of the Whitewater investigation, but declined to discuss it further.
revealing/restrained

Light Moments (3)

Dr. Henry Lee
Scheck called the highest criminalistic award the 'distinguished criminal award'; Lee corrected him with a straight face.
Lance A. Ito
Judge Ito, handling a loose exhibit: 'I just hate to have more than one of these things floating around.'
Dr. Henry Lee
Lee describing his early American jobs: waiter, kung fu instructor, gardener — all while attending school at night.

Witness Demeanor

(Brief pause.) — while Lee was handed the DNA monograph to examine
(Recess.) — taken at end of session before any substantive testimony

Objections

18 objections (6 sustained, 11 overruled)
Proceeding 7379 • 436 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 AUG 22, 1995 📄 Direct examination of Dr. Henr
AUG 22, 1995 KRT DvH TD