Thank you, your Honor. Good morning, ladies and gentlemen.
THE JURY: Good morning.
DIRECT EXAMINATION (RESUMED) BY MR. SCHECK
Dr. Lee, we were talking yesterday about imprint evidence at Bundy and we had discussed first the board concerning the walkway; second, the board concerning the pieces of paper. And now I would like to turn our attention to a third board dealing with Mr. Goldman's jeans.
And Dr. Lee, on February 19th, I believe a little over a month or so into this trial, did you have an opportunity to examine Mr. Goldman's jeans?
And could you describe, using the photograph on the far left-hand side, the blood spatter patterns that you found.
The first picture on the left-hand side appears to depict an overhead view of the front portion of the blue jean of Mr. Goldman. What we viewing now is flat, the blue jean put on--appear to be on the piece of paper. By no means that I try to say this is a three-dimensional setting where somebody wear a blue jean like this, (Indicating). That only shows a two-dimensional side. On the left-hand side we see large amount of bloodstain, covers from the top and downwards. In between there are some area we see the involved area. In addition we see blood spatter, like pattern. Other could be bloody imprint; however, when the large amount of blood cover the surface, those difficult to see and very difficult to determine what type of imprint evidence. However, on the right-hand side the amount of blood is much less than the left-hand side. On the waistband area we have a large blood pattern. In the lower leg area we do see large amount of blood pattern, (Indicating). In addition, some blood drops, blood spatters, but this middle portion, (Indicating), appear to have a lot of imprint type of pattern. This is a black and white picture. It is not a color picture. The real color picture of this, the blue--the jeans supposed to look like blue jean. By the way, it is a Levi type of blue jean. The black area is consistent with reddish color bloodstain.
I'm not sure this is my picture or the picture state provide to me. It is a black and white picture that shows the pattern, (Indicating).
Now, Dr. Lee, have you been able to identify three areas of imprints that are of interest here that are depicted on the board?
Well, let me turn your attention first to imprint--what is labeled "Imprint 1." Could you please indicate for us, perhaps on the photograph--the larger photograph, where imprint 1 is? And your Honor, the record should reflect that we have created plastic overlays around each of these pictures so that Dr. Lee can draw on the plastic overlays.
All right. The record should will reflect that this exhibit 1339 is comprised of four photographs. One photograph is marked "Blue jeans," and the remaining three are imprint 1, 2 and 3. Proceed.
The landmark of this we see three consecutive drop--drops. Here is the three consecutive drops, (Indicating). That is the only area on this side of blue jean shows this landmark pattern. 1, 2, 3, (Indicating). 1, 2, 3, (Indicating). We see an imprint like pattern on the top right corner which is here, (Indicating). We see an imprint pattern consistent with a linear type of pattern in the middle portion, which in this location, (Indicating). Then we see additional pattern like two V's which located in here, (Indicating). So imprint no. 1 is the lower right side of the length area of this blue jean.
(Witness complies.) This v pattern is caused by so-called accordion effect. When the blue jean crunch up, the pant or shirt crunched up, some blood transfer onto this crunched area. Later, when you smooth it out, the exposed area going to have blood transfer. Unexposed area, exposed area, have now looks like a V, actually like an accordion when folding transfer. When you stretched out, you see this pattern, so which indicative, this portion of blue jean probably crunched up a little bit and we see two V's, yet we see a multiple V's, that is crunched up a lot.
Okay. Now, do you see, Dr. Lee, in imprint area no. 1, parallel line imprint patterns?
And could you mark below the arrow, why don't we call it "PLP," parallel imprint line pattern, what you think is appropriate.
Here have another imprint which I cannot tell, but it is not a parallel line pattern, (Indicating).
Imprint no. 2, again we see some accordion effect. In addition, we see a pretty clear imprint on the--if I'm the board, on my right hand lower corner, this location, (Indicating), in the center of this location. It appears to have some parallel line.
And could you show us where on Mr. Goldman's jeans on the right pant leg that would be?
Okay. Now, Dr. Lee, with respect to imprint area no. 2, is the parallel line pattern that you've circled there consistent with a partial shoeprint?
Now, let's--is there anything else we should note about this area before turning to imprint no. 3?
Imprint pattern no. 3. Here appear to have a pattern. Again looks like a block, a group of blocks, but very difficult to say whether or not this is a shoeprint or not. Just like any other imprint pattern, I know this is an imprint pattern. At this point in time I examine the blue jean flat, a two-dimensional examination, which not really represent three-dimensional setting. Very difficult for any scientist to go back, mentally reconstruct that blue jean in a three-dimensional setting. All I'm coming here today to report to you, they are imprint evidence on the blue jean. There are other imprint evidence in this location, (Indicating), appear to be--have some parallel line.
(Witness complies.) And this group of parallel lines appear to be applied on top of each other, a multiple applications, (Indicating). How that happened, the simple explanation--
So you are indicating here that this parallel line pattern on imprint no. 3, that there are a series of them on top of each other?
All right. Can you--what mechanism--well, let me ask this: Is this consistent with multiple contacts from whatever it is that is making the parallel line pattern impression, a parallel line imprint?
An imprint is created by an object with a certain design. It is sort of like a replicate. If this is a stamp, if I step on it, you are going to call an imprint, yet a multiple imprint on top of each other which could suggest have a multiple contact.
If the mechanism that caused this imprint was a shoe, is this consistent with partial shoe impressions kicking multiple times in that area?
If it is a shoe, which suggest it could be a multiple contact by the same type of a design, parallel design.
If this were--if this parallel line imprint comes from a shoe, could it be the Bruno Magli shoe?
Do these parallel line imprint patterns, they are not caused by folding of the fabric?
In other words, the accordion effect comes from the folding of the fabric but these parallel line imprints do not?
All right. Now, as I understand your testimony, the left leg in the area that is covered more with blood, one cannot see such patterns?
I cannot tell any pattern, just cover saturated with blood. I don't see anybody can come here, say they can see pattern through the blood.
Are these parallel line imprint patterns that you've identified for us, they are on different locations and come from different directions?
Your Honor, since this board is such that I think one requires study, may I request that the jury be allowed to come up and look at each of these markings now?
All right. Let me have counsel take a seat. All right. Deputy Jex, I think we need to open the door here, side door. All right. And we will start with 1386 as soon as Deputy Jex will come down around.
All right. Let the record reflect that every one of our jury members has had the opportunity to carefully examine Defense exhibit 1339. Mr. Scheck.
Thank you very much, your Honor. Dr. Lee, I would like to go back for a moment to what I believe is 1337.
Now, first of all, Dr. Lee, I think that trying to complete yesterday's testimony we neglected to draw circles around the imprints that you described yesterday on the piece of paper and the envelope, the piece of paper being marked 1338-A, and the envelope being marked 1338-B. Could you please do so.
And maybe could we mark that--would it be accurate to mark that as "PLP," parallel line pattern?
Now, Dr. Lee, with respect to both 1338-A and 1338-B, and I would ask--first 1338-A, is this parallel line imprint pattern consistent with having been made in blue?
So that means whatever caused this imprint had blood on it or stepped on blood? How does that work.
The parallel line, as I explained a minute ago, represent an object. An object have certain structure, pattern. This just a replicate when this object surface design have some blood transfer, have a physical contact, a direct contact with this portion of the paper, (Indicating), a stationary contact. If a movement, we are going to see smear, a contact. Cause this transfer. However, subsequently some other bloodstain got on top of this, so covers a portion of this pattern; therefore, difficult to see it.
Your Honor, I would just like to take 1338-A and I will walk from the right of the jury box to the left to slowly display that, with the court's permission.
Mr. Douglas, would you give Dr. Lee our short pointer there since it is a little more visible.
Perhaps for consistency sake first on 1337-B, would it be accurate to mark this one as a PLP as well?
And 1337-A, would it be accurate to mark that as PLP, and would you say that that is in fact a shoeprint?
Now, with respect to 1337-A and 1337-B, are the parallel line patterns here consistent with having been made in blood?
Dr. Lee, could--on 1337 there are--there is a diagram of the Bundy area and some dots on it. Could you draw lines between these pictures indicating where all of them are located with respect to those dots?
Yes. The extremely left corner one is located on no. 10 tile. The middle one located between fifth and sixth tile. The envelope is approximately in this location, (Indicating). The piece of paper that is on the lower level walkway, (Indicating). The blue jean located approximately this location, (Indicating). This the limit pattern here, (Indicating), is somewhere long the walkway.
And incidentally, Dr. Lee, with respect to the parallel line imprint pattern that you identified for us on this June 12/june 13 walkway photograph, in theory is it possible that that imprint pattern could arise from an imperfection in the tile?
It could be, because I only look at a picture. I myself did not have an opportunity to go there, identify the tile. It could be anything. What--I don't want to misled people, and ladies and gentlemen, say that is a shoeprint. By no means I did not say that is a shoeprint; just a partial imprint with some parallel line.
You say that--so with respect to I guess all the imprint patterns other than what I think we've marked as the lower right-hand photograph on 1337 and a larger photograph that we've called 1337-A, you cannot definitively call these parallel line imprint patterns, with that exception, a shoeprint; is that correct?
However, are these parallel line imprint patterns consistent with coming from the Bruno Magli?
However, these parallel line imprint patterns are consistent with having come from a shoe?
Now, Dr. Lee, if we assume that these parallel line imprint patterns come from a shoe, I think you've told us they are not consistent with the Bruno Magli or Mr. Goldman's shoe, correct?
Dr. Lee, in your experience at crime scenes have you ever seen a single assailant wear two pairs of shoes?
KEY QUOTENow, Dr. Lee, you were discussing with us, in the course of your description of the imprint pattern evidence, different kinds of bloodstain patterns; is that correct?
There is a discipline of analysis known as bloodstain spatter or splatter interpretation?
All right. And you were making reference in your testimony so far to certain kind of bloodstain patterns?
All right. And are there different kind of patterns that an expert in this area can identify?
All right. Is there a way that you can demonstrate for us, by the use of paper and ink, the different kind of bloodstain patterns that you've already discussed, and you would discuss in our examination of further evidence in this case?
Your Honor, at this time I would ask permission to, with a bottle of red ink and paper, have Dr. Lee demonstrate different kind of bloodstain patterns.
What I would suggest, your Honor, is that we have some paper--may I consult with Dr. Lee as to which is the best one--some red ink, and what I would suggest is that--ask that Dr. Lee be given permission to take the ink, the paper, and using this--
All right. We need to have Dr. Lee examine the papers to see which ones he feels is appropriate first.
Mr. Scheck. And Dr. Lee, you can step down, but if you would, because you will have your back to the court reporter, if you could keep your voice up, please.
All right. Thank you. All right. It appears that Dr. Lee has a stack of what appears to be white cotton fiber paper and various inks.
Dr. Lee, with the use of the red ink and the paper can you demonstrate for us bloodstain patterns?
Yes. Blood circulating in our body system in a constant speed depends on capillary, vein or artery. With a different speed, artery circulating faster than the vein and the vein circulating faster than the capillary. This circulation system--
At this time I would object that Dr. Lee's answer is narrative and it is also nonresponsive.
It is nonresponsive to the question. Do you want to have him explain the blood system and how it impacts blood patterns?
As a predicate for explaining bloodstain patterns, could you explain for us briefing something about the circulatory system as it relates to how blood comes out of the body?
Yes, sir. In this closed circulation system carry the oxygen nutrient through the body and that is why we can function. Once this system interrupt, the blood will come up. Depends which part of the body. If an artery, the blood will gush out, so-called arterial spurting, arterial gushing. If a vein was cut, the blood will rush out. If just a capillary cut, the blood dripping out. Once it has come out of our body, we cannot take back any more, we cannot control any more. The environment and the physics takes over. It is no longer--can be controlled by an individual. Once the blood come out, would deposit to a surface. The surface usually is the lowest surface, whatever lowest surface. For example, here, that is--if I dripping the blood or ink onto this surface, that is the lowest surface. If I drip here, (Indicating), the carpet going to be lowest surface. It stop on the surface according to the physics, the gravity.
Could you demonstrate for the jury, for example, you mentioned a drop, what is known as a low velocity drop?
Yes. If the blood come out without any force, just dripping, going to form certain patterns. This pattern, (Indicating), generally we consider a low velocity blood drop.
All right. The record should reflect that Dr. Lee has taken a bottle of--out of a bottle of red ink a dropper.
Now, if one were to measure the diameter of those drops, could this be correlated with the source of it to the target?
In general we can do an estimation. We have to know the substrata. Is this paper, carpet, pavement or wood? Each substrata surface will have different effect. You cannot use the paper to compare a carpet or use the carpet to compare the pavement; therefore, you have to know the drop size, how big a drop, and have to know the substrata. Sometime we can make some correlation. We cannot make, say, an exact determination how high.
But can one make a reasonable approximation, in certain instances, by measuring the diameter of a vertical drop such as this with respect to where the source was?
Is it therefore important, when documenting, preserving evidence at a crime scene, to make an effort to document the size of drops?
And the photographs taken in this case of the bloodstain evidence at the Bundy and Rockingham scenes, did they contain rulers in them so that such measurements could be made?
I did not have opportunity to see every photograph. I cannot tell you. The photograph what I examined I did not see rulers.
Now, with respect to this low velocity drop, are there something known as jagged edges and satellite spatter?
Yes. If you look the periphery area, you see this jagged edge and small spatter around this main group. Those called satellite pattern.
Before we discuss angular deposits, is there another point you think should be made?
Before we discussed the issue of angular deposits, is there a principle that we should appreciate?
This diameter sometime give us some information, how big a drop, what the possible estimation of distance by correlation of a known casting. Such as let's say assume everything equal. We use the paper. If I let the drop on--at about three inches, second 16 inches, keep increase the distance, you see the diameter varies. When I increase the distance, but to a limit, doesn't matter how I increase the distance, will not increase the diameter that reach the terminal velocity.
--if I climb up a tall building, such as empire state building, drop a drop of ink, it will cover the whole manhattan, because this relationship. It is not. It is not going to happen this way, only to a certain distance. That is why this correlation--you just changed the pattern.
I understand. Let the record reflect first that Dr. Lee took the eyedropper and dropped a series of drops, as he indicated, at different heights on this piece of paper and causing circles of different size, as he went upwards, increasingly larger, and when I took the paper to move it and show it to the other jurors, I turned it a little and it caused some of those drops to move, but--
If you asked for my permission I would have encouraged you to wait until it dried a little.
What so far we talking about, the receiving surface, is flat, horizontal, but in a three-dimensional setting, a room or scene, you have vertical surface, for example, the wall. You have climbing surface at an angle. A drop of blood deposit on a vertical surface, a wall or in climbing surface, will have a different pattern than what I have--just have a minute ago demonstrated. Those called angular deposit. If the source of this liquid almost parallel to the receiving surface, when I drop, it form a specific pattern. If I vary this surface angle a little bit, it change the shape. Finally become ninety degree receiving surface, it will become a circular pattern.
Any juror in the back row who thinks they need to stand up to view any of these things, feel free to do so. All right. 165, can you see that?
So would it be fair to say that the impact angle can be determined to some extent by the width and length of the bloodstain pattern?
And is that something that ought to be done when properly processing a crime scene?
A medium velocity involving certain force. It could be an internal force, the blood pressure, or an external force, for example, a person swinging a hand, swinging a bat or a weapon. Those encompass a large group of bloodstain pattern we call medium velocity bloodstain pattern.
Sometime, yes, we can go back, reconstruct the possible direction of impact, can project back, say, the possible source, the location of the blood source.
A medium velocity, I indicate quite a few different type. The simplest type we usually see at the scene, that is a medium velocity pattern. A medium velocity pattern give you a direction. It usually consist several, a trail. When this force increase, the spot getting smaller, (Indicating). Now, this also consistent with a medium velocity cast-off pattern. Sometime we can look at how many trails at the scene, determine how many blow or possibly weapon was lift up and down by looking at ceiling, looking at wall.
Perhaps we could take this first piece of paper and we will mark it medium velocity 1, and the second medium velocity 2. And would it be fair to say that increased velocity, smaller--
All right. Mr. Scheck, I'm going to direct that we mark all of these blood spatter or drop demonstration papers as Defense exhibit 1340-A through whatever. And what I would like for you to do at the conclusion of the court day, present to Mrs. Robertson a key, 1340-A through B and then the key as to what it is.
Is there any other pattern, with respect to medium velocity, that you think we should demonstrate to understand bloodstain patterns?
Impact spatter have some force on the surface. A force direct apply to the surface can cause a splash pattern or project a pattern and all those pattern are considered medium velocity spatter pattern.
That is why I feel very reluctant to do that. You have to hold it. Can you see it? Maybe like this, (Indicating).
If, say, a couple drop of blood on the surface, if a force apply to this surface, you going to have certain so-called medium velocity pattern. May I have some tissue?
Your Honor, at this time I'm going to object to any further demonstrations as being irrelevant.
Now, you've handed me this piece of paper you put your fingers on, after you slammed the table?
Could you please--and you are characterizing this as a medium velocity pattern and imprint. Could you please explain that to the jury?
Those are direct contact imprint; however, on the paper some small spatter also deposit on this piece of paper so here, (Indicating), you have a combination of two patterns. An experienced examiner can look at this pattern, determine the sequence, which one applied first, the imprint or a spatter.
A compression, which I just demonstrate, have some blood-like material directly contact the surface with the energy of force result lateral movement. That is a compression.
Yes. If this compression with a movement, now become a smear. This is a compression, this is a smear, (Indicating). Both have to have surface contact.
If you have one surface have some wet blood, the next surface have a contact, you have a mirror image. If this surface against another surface, now we have a wet transfer.
Let's mark--the paper that I have marked mirror image. The record should reflect is the paper that Dr. Lee dropped blood on and then folded creating the mirror image.
And then the piece of paper where he then took the mirror image pattern and placed it on another piece of paper, that one should be called wet transfer?
If a surface have some liquid, blood, ketchup or anything, if a person use a kitchen towel or a person's clothes contact and wipe it, that is called wipe. Now, this surface have some transfer, if touch a clean surface, now this become a swipe. Wipe and swipe, (Indicating). Both are transfer pattern, but different, which experienced examiner can tell at the scene which one is which.
Swipe is another surface. For example, my clothing have some blood, touch a clean surface and that is a swipe.
Which we already indicate a contact pattern can be any surface with some amount of liquid; finger, shoes, ear, nose, body, touch a surface and cause a direct transfer, that is called a contact pattern. If this bottle touch surface, leave a pattern, that is a contact transfer pattern.
A dynamic contact is with a movement. Contact with a movement. Now, you have a pattern with a movement pattern. This movement can cause the deposit surface, the receiving surface can be both moved or one surface moved and then we can tell the direction of this movement.
Dr. Lee, are there any other bloodstain patterns that we should--you believe we should demonstrate to understand your testimony about--that we are going to be discussing about bloodstain evidence at the crime scenes?
There are many other patterns; however, some pattern not totally relevant, such as high velocity blood spatter pattern, that is due to gunshot wound. Some pattern which difficult to demonstrate; arterial spurt, arterial gushing, which I really don't want to do here.
All right. Ladies and gentlemen, we are going to take our mid-morning recess. Remember all my admonitions to you. We will stand in recess for fifteen. Dr. Lee, you can step down.
If this is a shoeprint, this is a different type of design than Bruno Magli.
I don't see anybody can come here, say they can see pattern through the blood.
You are the lawyer; I'm a scientist.
Dr. Lee, in your experience at crime scenes have you ever seen a single assailant wear two pairs of shoes?
Have you ever been to a Gallagher show? We are getting close.