Direct examination of Dr. Henry Lee (part 2)

📄 Direct examination of Dr. Henry Lee (part 2) — Friday, August 25, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\25\DIRECT-EXAMINATION-OF-DR-HENRY.DOC

TRIAL

▲ Day 142 of 167

◀ In-chambers: witness examination schedule Sidebar: cross-examination and evidence handling ▶

Witness: Dr. Henry Lee
Examiner: Barry Scheck
Called by: Defense • Date: Friday, August 25, 1995 • Utterances: 10

The final moments of Dr. Henry Lee's direct examination, in which he delivers his most consequential opinion: that the number of wet transfer imprints left by the blood swatches does not add up — only 4 of a possible 7 or 8 swatches left wet transfers on the collection paper. Lee states plainly, 'Something is wrong,' suggesting the evidence was either tampered with or mishandled after collection.

# 1 (The following proceedings were held in open court, in the presence of the jury:)

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Let the record reflect we've been rejoined by all the members of our jury panel. Mr. Henry Lee is on the witness stand still undergoing direct examination by Mr. Scheck. And, Mr. Scheck, I understand you have one or two closing questions?

# 3 MR. SCHECK:

Yes, your Honor.

# 4 THE COURT:

All right.

# 5 MR. SCHECK:

Dr. Lee, the last answer that you gave this jury with respect to this board is "Something is wrong." Could you please explain what you mean?

# 6 DR. LEE:

What I mean--

# 7 MR. GOLDBERG:

Calls for conclusion, your Honor. His opinion is speculation, no foundation.

# 8 THE COURT:

Overruled.

# 9 DR. LEE:

What I mean, there are seven swatches, maybe a potential eight swatches, four imprints, wet transfer on the paper. If seven swatches all dry, I shouldn't see any wet transfer. If seven swatches all wet, I should see seven transfers. I only see four. The number did not add up. There may be reason to explain. I don't know.

KEY QUOTE

# 10 MR. SCHECK:

Thank you.

Temperature

devastating

Key Quotes (2)

Dr. Henry Lee

What I mean, there are seven swatches, maybe a potential eight swatches, four imprints, wet transfer on the paper. If seven swatches all dry, I shouldn't see any wet transfer. If seven swatches all wet, I should see seven transfers. I only see four. The number did not add up.

The scientific basis for his 'something is wrong' conclusion — a direct, methodical argument that the swatch evidence is internally inconsistent, implying tampering or contamination.

Dr. Henry Lee

There may be reason to explain. I don't know.

Lee leaves the door open, maintaining scientific credibility while letting the implication of misconduct land with the jury.

Evidence (1)

Informal

A board displaying blood swatches and wet transfer imprints on collection paper — seven swatches (possibly eight) with only four corresponding wet transfers

discussed as basis for Lee's opinion that the evidence numbers do not add up

Notable Exchanges (2)

Barry Scheck•Dr. Henry Lee

Scheck asks Lee to elaborate on his prior 'something is wrong' statement. Lee responds with a precise logical breakdown: the math of wet vs. dry swatches and their expected transfer imprints does not reconcile with what the evidence shows.

strategic

Hank Goldberg•Lance A. Ito

Goldberg objects that Lee's conclusion calls for speculation without foundation. Ito overrules, allowing the damaging opinion to stand.

tense

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7432 • 10 utterances • Defense witness

Criminal Trial

Department 103