📄 Cross-examination of Dr. Henry Lee (afternoon, part 3) — Monday, August 28, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\28\CROSS-EXAMINATION-OF-DR-HENRY-.DOC
TRIAL
▲ Day 143 of 167

Cross-examination of Dr. Henry Lee (afternoon, part 3)

Witness: Dr. Henry Lee
Examiner: Hank Goldberg
Called by: Defense • Date: Monday, August 28, 1995 • Utterances: 252
Goldberg cross-examines Dr. Henry Lee on wet transfer stains in evidence bindles 42 and 47, then pivots to the Bundy walkway shoeprint evidence. A significant moment arises when Dr. Lee distances himself from Defense exhibit 1337, stating 'I did not make this board,' undermining the accuracy of the defense's footprint diagram. Goldberg also establishes that Lee had no independent recollection of the exact tile locations of the parallel line imprints and had only 20 minutes at the scene.
1 THE COURT:

All right. Mr. Goldberg, would you collect that from Deputy Bashmakian, please. All right. Let the record reflect that each of the jurors had the opportunity to carefully review People's 596, the sock photograph.

2 MR. GOLDBERG:

Thank you, your Honor.

3 MR. GOLDBERG:

I'd like to move on to another topic if we may, and that's to ask you a couple clarifying questions about bindle no. 47. Now, it is your opinion that there was a wet transfer in that bindle; is that correct?

4 DR. LEE:

Yes. That's no doubt in my mind it's a wet transfer.

5 MR. GOLDBERG:

All right. Now, sir, when you were doing your examination in this case, did you find--

6 MR. GOLDBERG:

Well, let me withdraw that question, your Honor. I'd like to mark another exhibit as People's next in order what appears to be a board of three photographs showing bindle no. 42 in this case.

7 THE COURT:

All right. That will be People's 597.

8 (Peo's 597 for id = board)
9 THE COURT:

165, can you see that?

10 JUROR NO. 165:

Yes, sir.

11 THE COURT:

All right. 1386?

12 MR. GOLDBERG:

Sir, I'd like to direct your attention to the item that's been marked as People's 596--excuse me--5--

13 THE COURT:

97.

14 MR. GOLDBERG:

--97 for identification, Dr. Lee. Can you take a look at that?

15 DR. LEE:

Yes, sir. Your Honor?

16 THE COURT:

You may.

17 DR. LEE:

Yes.

18 MR. GOLDBERG:

Is this one of the items that you examined?

19 DR. LEE:

Yes, sir.

20 MR. GOLDBERG:

And did this also contain some wet transfers?

21 DR. LEE:

In my notes, I did mention this item have wet transfer.

22 MR. GOLDBERG:

And, sir, if the testimony in this case is that the swatches here came from a pool of the victim's blood, Nicole Simpson, would you expect that to play any material role in terms of whether or not we would get a wet transfer? In other words, would her blood be different from someone else's blood?

23 DR. LEE:

I don't know. I did not group that. I can't really tell you whose blood. The transfer in my note refer a bow tie, like a bow tie transfer. I try to find a piece in here have a bow tie (Indicating). Whether or not can fit this bow tie, I wasn't too successful.

24 MR. GOLDBERG:

And that could be something twisted; is that correct?

25 DR. LEE:

Yes, sir.

26 MR. GOLDBERG:

What I'm asking you--I guess my question wasn't very clear--is, would we expect that perhaps Orenthal Simpson's blood dries at a faster rate or different rate than Nicole Brown's blood?

27 MR. SCHECK:

Objection. Improper hypothetical.

28 THE COURT:

Sustained.

29 MR. GOLDBERG:

What?

30 THE COURT:

Sustained.

31 MR. GOLDBERG:

Well, would we expect that one person's blood would dry faster or slower than another person's blood?

32 DR. LEE:

This morning, indicates there are other factors. Among them, sample, condition of sample, the drying condition. Here, I don't know how many swatches have whole bundle of it and only few small transfer which indicative there are some wet transfer. That's all I can say.

33 MR. GOLDBERG:

Okay. Well--and that's the same as bindle 47?

34 DR. LEE:

47 have few more transfers, four transfers.

35 MR. GOLDBERG:

So this has a few less transfers?

36 DR. LEE:

Yes, sir.

37 MR. GOLDBERG:

But both of them have transfers.

38 MR. GOLDBERG:

Your Honor, I'd like to show the witness very briefly the exhibit that we've marked as "Serology results board," People's 202 for identification. It's out in the hall apparently, if we may get it.

39 MR. SCHECK:

May we approach when he does?

40 THE COURT:

Serology results board?

41 MR. SCHECK:

I have an objection to this. Outside the scope.

42 THE COURT:

Overruled.

43 (Brief pause.)
44 THE COURT:

All right. This is People's exhibit?

45 MR. FAIRTLOUGH:

202.

46 THE COURT:

Proceed. Mr. Goldberg.

47 MR. GOLDBERG:

Okay. Doctor, I want to you assume there's already been testimony to this board and the accuracy of the PGM subtypes and direct your attention to the PGM subtype column.

48 MR. GOLDBERG:

May I approach, your Honor?

49 THE COURT:

Yes.

50 MR. GOLDBERG:

Showing you item no. 42 for identification, it says, "Blood under Nicole brown"; is that correct?

51 DR. LEE:

The chart say so.

52 MR. GOLDBERG:

Yes. And according to the chart, there is an inconclusive result on that PGM subtype, an inc. B?

53 DR. LEE:

Right.

54 MR. GOLDBERG:

Thank you. Now, in terms of bindle 42 containing blood under Nicole brown--

55 DR. LEE:

Yes, sir.

56 MR. GOLDBERG:

--and bindle 47, do you believe that the same process was responsible--I mean, are the types of transfer stains we're seeing in both of those consistent?

57 DR. LEE:

First, we don't have 47 on the board.

58 MR. GOLDBERG:

Yeah. I'm not asking you--

59 DR. LEE:

Oh, you not asking me the board.

60 MR. GOLDBERG:

--transfer stains, yes.

61 DR. LEE:

I thought you asking me about a board.

62 MR. GOLDBERG:

But the transfer stains are consistent in both cases; is that correct?

63 DR. LEE:

They're wet transfer. That aspect similar, but the transfer pattern being different.

64 MR. GOLDBERG:

All right. And there were different swatches and different combinations of swatches?

65 DR. LEE:

Yes. Yes.

66 MR. GOLDBERG:

All right. Thank you. Now, getting to the shoeprints that we left off with on the Bundy location--

67 DR. LEE:

Yes, sir.

68 MR. GOLDBERG:

--on the walkway itself, there was one photograph from June the 13th--

69 DR. LEE:

Yes.

70 MR. GOLDBERG:

--that you referred to. And was it your conclusion in your testimony that there was some parallel lines that could be seen in that?

71 DR. LEE:

Yes, sir.

72 MR. GOLDBERG:

And was it your conclusion when you testified on Friday that with regard to those parallel lines and that photograph, it could be anything?

73 DR. LEE:

Yes. Just some parallel line. And I can not say that's a footprint.

74 MR. GOLDBERG:

Your Honor, I'd like to mark as People's next in order a photograph that is depicting one of the shoeprints. It's P-50.

75 THE COURT:

All right. This will be People's 598. Have you shown that to Mr. Scheck?

76 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)
77 MR. GOLDBERG:

I'm sorry. It's already been marked as People's 45-I.

78 THE COURT:

All right. Withdraw 598.

79 MR. GOLDBERG:

May I just approach the witness very quickly?

80 THE COURT:

You may.

81 MR. GOLDBERG:

Sir, I'd like to show you quickly what we've already marked in this case as 45-I. Does that appear to be a first generation photograph of the June 13th photograph that appear to have some parallel lines that could be anything?

82 DR. LEE:

Yeah. This is a much better photograph than what I obtained.

KEY QUOTE
83 MR. GOLDBERG:

And now that you see that photograph, does it appear that the parallel lines are in fact trawl marks or scratches in the surface of the pavement?

84 DR. LEE:

Could be.

85 MR. GOLDBERG:

Does that appear to be the most reasonable explanation?

86 DR. LEE:

Yes. Right.

87 MR. GOLDBERG:

Okay. So that leaves us with the parallel line imprints that you saw on June the 25th that we discussed?

88 DR. LEE:

Yes.

89 MR. GOLDBERG:

Now, sir, when you took those photographs of parallel line imprints on the Bundy walk itself--

90 DR. LEE:

Yes, sir.

91 MR. GOLDBERG:

--had you seen those prints on the walk at any time prior to June the 25th?

92 DR. LEE:

I wasn't there. I definite did not see anything like this before.

93 MR. GOLDBERG:

And did you examine the photographs in this case that were provided to you by Mr. Shapiro to determine whether or not you could see those particular parallel line prints in the photos?

94 DR. LEE:

Unfortunately, the area I found really don't have a good photograph. Most of the overall view photo is taken at angle. It's lost the perception. Some did. Some are pretty good photograph. Those are selective. Just shows those imprint consistent with Bruno Magli.

95 MR. GOLDBERG:

All right. Let's take a look at the Defense exhibit 1337, which is the footprint board if we may.

96 DR. LEE:

Yes. Bless you.

97 (Brief pause.)
98 MR. GOLDBERG:

Now, with respect to the photograph on this exhibit that is at the bottom in the middle that says "Walkway, June the 25th, 1994 on it"--

99 DR. LEE:

Yes, sir.

100 MR. GOLDBERG:

--can you show the ladies and gentlemen of the jury clearly where the parallel line footprint is?

101 DR. LEE:

I say imprint evidence. I think I did not say footprint. I don't think I identify this as footprint. I identify this one as footprint. I see parallel line imprint here (Indicating).

102 MR. GOLDBERG:

Okay. But does this appear to have a round edge that would seem to be consistent with some sort of a manufactured object like a sole?

103 DR. LEE:

Maybe.

104 MR. GOLDBERG:

And did you say that the characteristics of these two items were the same?

105 DR. LEE:

No. This is a parallel line here like Bruno Magli. Here look like a portion on top of each other. You are overlapping them two patterns. That's why I call imprint evidence. I did not call footprint. This one is a clear one. You can see from the toe to the heel. That's why I call this one a footprint. It's no doubt in my mind this made shoe (Indicating).

106 MR. GOLDBERG:

Both of these imprint--parallel imprints were in blood from appearances?

107 DR. LEE:

This definite is, and this I tested also consistent with (Indicating).

108 MR. GOLDBERG:

And--well, I make a motion to strike the part about testing because I said appearances.

109 THE COURT:

Appearances. That will be stricken.

110 MR. GOLDBERG:

And, Dr. Lee, was it your opinion that insofar as you could tell, the characteristics of these two are consistent with one another?

111 DR. LEE:

Yes, sir.

112 MR. GOLDBERG:

All right. Now, can you tell us from your--now, this parallel imprint is it fair to say sort of transects one of the tiles?

113 DR. LEE:

It's a mixture of imprints, debris overlapping, quite a few stuff in there, quite a few imprint items altogether. This one is clear and define. That's why I call this as an imprint. I don't refer to as a footprint (Indicating).

114 MR. GOLDBERG:

But this particular imprint seems to go across where the tiles meet at a junction; is that correct?

115 DR. LEE:

Yes. A portion of this appear to be cross.

116 MR. GOLDBERG:

All right. And can you just double-check your notes, doctor, to see whether you accurately stated what tile you believe the cross footprint to be in?

117 DR. LEE:

Well, actually, this one is tile 10. I have no doubt of this. This I did not bring my note with me. You get a copy. I think it's between tile 5, 6 or 7, 6, something in that neighborhood (Indicating).

118 MR. GOLDBERG:

Okay. So when you said "This," you're talking about the imprint evidence that's on the bottom in the middle. We don't know what tile it is on for sure.

119 DR. LEE:

Yes, sir.

120 MR. GOLDBERG:

And can you tell us what tile it was on for sure by looking at your notes?

121 DR. LEE:

No.

122 MR. GOLDBERG:

All right. But the one in the lower part of the diagram on the right you say is on tile no.--

123 DR. LEE:

10.

124 MR. GOLDBERG:

Okay.

125 DR. LEE:

Yes.

126 MR. GOLDBERG:

Your Honor, at this time--well, is it conceivable--I don't want to have the courtroom flooded with boards, but is there a way that we can have three boards at one time or is that just an impossibility? All right. Let's just take this one down. Your Honor, I'd like to next mark a blank magnetic board as People's 5--

127 THE COURT:

98.

128 MR. GOLDBERG:

I thought had a 9--we don't have a 98?

129 THE COURT:

98.

130 (Peo's 598 for id = magnetic board)
131 MR. GOLDBERG:

Okay. Can we put the easel in the middle, your Honor? Your Honor, actually let's--your Honor, I'd like to mark as People's next in order, it will be--can I mark it as part of this--well, I'll do it as 599-A, B and C, a series of magnetized photographs of the Bundy walk. A appears to be the furthest up the walk, B is the middle photograph in terms of where it's positioned on the walk.

132 THE COURT:

All right. Do we have any remains on this?

133 MR. GOLDBERG:

No, your Honor.

134 THE COURT:

All right. May I see it, Mr. Bancroft?

135 MR. GOLDBERG:

And C is going to be the furthest east. That would be towards where Nicole's body was.

136 THE COURT:

All right. Noted.

137 (Peo's 598-A, B and C for id = mag. Photos)
138 MR. GOLDBERG:

And, your Honor, with the court's permission, can I put A, B and C tags on that just so we can make the testimony a little easier to follow?

139 THE COURT:

Yes, please.

140 MR. GOLDBERG:

Now, Dr. Lee, perhaps you could step down for a moment.

141 THE COURT:

And, Mr. Goldberg--

142 MR. GOLDBERG:

Well, put it where it's not covering any of the tiles like on the spout.

143 THE COURT:

2:45. 2:45.

144 MR. GOLDBERG:

2:45? Okay. Your Honor, while Dr. Lee is examining that photograph, I'd like to put photograph 45--People's 45-D on the elmo, which is P-46 or on laser, whichever way we can do it. We're going to put it on the elmo instead, your Honor.

145 THE COURT:

All right.

146 MR. GOLDBERG:

I believe it has to be arranged the other way so that we can see the whole photo.

147 MR. GOLDBERG:

Okay. Dr. Lee, I want you to look carefully at this, and I'll show you the actual photo off the elmo if you need to see it, but I would like to direct your attention to what would appear to be a detective's left leg, left foot, third tile.

148 DR. LEE:

You have two--

149 MR. GOLDBERG:

Black--

150 DR. LEE:

Set of shoes.

151 MR. GOLDBERG:

Black shoes.

152 DR. LEE:

Black shoes.

153 MR. GOLDBERG:

In the third tile?

154 DR. LEE:

One, two, three. Yeah, third tile.

155 MR. GOLDBERG:

All right. I'd like you to look carefully at the shoeprint that is to the right of the third tile.

156 DR. LEE:

To the right. Here. You mean this one (Indicating)?

157 MR. GOLDBERG:

Yeah. To the right of the tile in the third row.

158 DR. LEE:

Third row. Left or right?

159 MR. GOLDBERG:

No, no. Third row back towards what would be the alley.

160 DR. LEE:

That's one, that's two, that's three, right (Indicating)?

161 MR. GOLDBERG:

Yeah.

162 DR. LEE:

The third row. Okay.

163 MR. GOLDBERG:

Now, Dr. Lee, taking a look back at--you want to look at it down here?

164 DR. LEE:

Yes. I can't see this one (Indicating).

165 MR. GOLDBERG:

Okay. So the one that we're referring to, that we've just been referring to as the same as on photograph C on our Bundy exhibit; is that correct?

166 DR. LEE:

That's correct.

167 MR. GOLDBERG:

So that would be the third row. Sir, is the arrow in the right place on the telestrator?

168 DR. LEE:

You mean the shoeprint you want to show me?

169 MR. GOLDBERG:

Yes.

170 DR. LEE:

Yes.

171 MR. GOLDBERG:

Can we print that and mark that?

172 MR. GOLDBERG:

Okay. Dr. Lee, I'm going to put a little "3" in an area of the tile that appears to contain no shoeprint evidence. Is this okay?

173 DR. LEE:

Sure.

174 MR. GOLDBERG:

So that would be the third row. I'm not going to mark all of these because otherwise, it would take too long. But if this is 3, 4, 5, 6, 7--

175 DR. LEE:

7.

176 MR. GOLDBERG:

7. Okay. I want you to attest if I'm putting no. 7 in the right place.

177 DR. LEE:

Yes.

178 MR. GOLDBERG:

Okay. Let's use the bigger photograph. This is 7, 8, 9, 10. And the parallel line shoeprint is supposed to be where?

179 DR. LEE:

Here (Indicating).

180 MR. GOLDBERG:

And do you see anything that bears--

181 DR. LEE:

I see something on the tile.

182 MR. GOLDBERG:

You see something on that tile?

183 DR. LEE:

Yeah.

184 MR. GOLDBERG:

Where?

185 DR. LEE:

Appear to be a pattern on this tile (Indicating).

186 MR. GOLDBERG:

You're saying you could see a pattern on that tile?

187 DR. LEE:

Some kind of pattern. I can not describe this pattern because this picture taken--again, it's not one to one direct down. The photographer take a picture in my position. So everything lost perspective. You can't--you do see something here. Whether or not those are--you can see quite a few stuff here. This is a set of footprint. But here, you can see they are transfer imprints, but I can not tell you what kind of a pattern (Indicating).

188 MR. SCHECK:

Your Honor, could the record reflect here that Dr. Lee has indicated first reddish--the darker red ones that were previously referred to as Bruno Magli, and I think it goes from the set of tiles which are the--

189 THE COURT:

No. 7.

190 MR. SCHECK:

Well, there's--I think if you start from the number--

191 THE COURT:

No. 7.

192 MR. SCHECK:

--no. 7, that they go straight back. And then he indicated another set--

193 DR. LEE:

Column.

194 MR. SCHECK:

--another column of imprints--

195 THE COURT:

Third tile over from the left.

196 MR. SCHECK:

--one tile over from the left. And in particular, the discussions started with an examination of where Mr. Goldberg had placed the "10" which, if we go three tiles over to the right, he indicates seeing an imprint there.

197 THE COURT:

So noted. Thank you.

198 MR. GOLDBERG:

So, Dr. Lee, you're saying that the imprint is 10 down the tile--

199 DR. LEE:

You can actual start from here.

200 MR. GOLDBERG:

--but the possible, whatever it is, is 10 down and three over; is that right?

201 DR. LEE:

But here again, 10, 9, 8, 7 and 8 is here with something.

202 MR. GOLDBERG:

Now, in your notes, did you document any imprint as being 10 down and three over?

203 DR. LEE:

I don't have this photograph. That's the first day I see this photograph.

204 MR. GOLDBERG:

Well, Dr. Lee, with respect to the parallel line imprint, didn't you say it was 10 down and one over? Is that correct?

205 DR. LEE:

That's still one over from this one, one over. That's not right. That's the planter (Indicating).

206 MR. GOLDBERG:

Well, here, let's compare them. Can you help me with this, doctor?

207 MR. SCHECK:

Your Honor, I think we should put this up too.

208 DR. LEE:

No, no. That's the other way around.

209 MR. GOLDBERG:

Okay. And so according to your notes, the print that we're looking for should be 10 down and two over?

210 DR. LEE:

No. My notes says "10th tile." I did not put--make this board.

211 MR. GOLDBERG:

So you're saying--

212 DR. LEE:

Somebody made this board.

213 MR. GOLDBERG:

So you're saying this board is wrong?

214 DR. LEE:

I think if I look at this picture today, this probably one next in this location. I did not make this board (Indicating).

KEY QUOTE
215 MR. SCHECK:

Can we have that reflected on the board?

216 THE COURT:

Mr. Goldberg.

217 MR. SCHECK:

Put that up so that we can make a change?

218 MR. GOLDBERG:

Well, you'll have to do that on redirect I suppose.

219 THE COURT:

You want to at least--wait, wait. Mr. Goldberg, while you're conducting your examination, would you at least describe for the record what the witness is referring to?

220 MR. GOLDBERG:

Okay. I--he was referring to the Bundy imprint board and saying, "I did not make this board."

221 DR. LEE:

Yes.

222 THE COURT:

Which is Defense exhibit what?

223 MR. SCHECK:

I think it's 1337.

224 THE COURT:

All right. Thank you.

225 MR. GOLDBERG:

Sir, did you say you were not given photos from June the 13th of this walkway?

226 DR. LEE:

I don't have a picture as clear as this. I have some picture barely see the images, not too good.

227 THE COURT:

All right. Counsel, we've got a logistical problem here because we've got four or five jurors who can't see the witness now. So--

228 MR. GOLDBERG:

Dr. Lee, did you ask--

229 THE COURT:

Hold on, hold on, hold on. All right. We're going to have to move some of these items. Do you need 1337 up at this point?

230 MR. GOLDBERG:

1337? I don't necessarily need it up as long as he's came down--well, I think he's already testified where--

231 MR. SCHECK:

May I request, your Honor, that marking be made on the board?

232 THE COURT:

No. You can do that on your part of the redirect, counsel.

233 MR. GOLDBERG:

Doctor, did you ever ask the Defense to provide you with higher quality pictures?

234 DR. LEE:

I get the information that's all the picture we get. It's total out of sequence mixed up like a deck of card. I spend lot of time trying to make some sense out.

235 MR. GOLDBERG:

But when you got it from Mr. Shapiro, did you say, "Please send me some examination quality photos"?

236 DR. LEE:

I did ask it. He said that's all he get. He took it back right away. I don't have the photograph.

237 MR. GOLDBERG:

So you don't have them now?

238 DR. LEE:

I don't have it now.

239 MR. GOLDBERG:

Now, I'd like to direct your attention to your notes from 6-25. What does that say in terms of where the 10th tile footprint is?

240 DR. LEE:

By the way, that's Dr. Wolf, Barbara Wolf note. But 10th tile here, first line parallel, you see this line parallel line footprint (Indicating).

241 MR. GOLDBERG:

So it's on 10, but do we know how many over it is from the notes?

242 DR. LEE:

Based on her notes, I don't know.

243 MR. GOLDBERG:

Well, do you have notes that show how--

244 DR. LEE:

I was so busy taking picture, I only have 20 minutes to work. I only can do one thing at a time. I dictate to her. Whether or not she put it down, I don't know.

KEY QUOTE
245 MR. GOLDBERG:

All right. So at this point, we have no record as to where that is?

246 DR. LEE:

Judge by your photograph, I think it's the second row in front of house. That's the third house, in front of planter. That's the second row.

247 MR. GOLDBERG:

You have no independent recollection?

248 DR. LEE:

No. No.

249 MR. GOLDBERG:

And you have no independent recollection of where the other one is; is that correct?

250 DR. LEE:

I only have one shot very short time. I photograph document it.

251 MR. GOLDBERG:

Okay. Let's--are we going to take a recess at 2:45, your Honor, because I wanted to switch to the other print and maybe we can take a recess now.

252 THE COURT:

All right. All right. Ladies and gentlemen, we'll take our mid-afternoon 15-minute recess at this point. Remember all my admonitions to you. Dr. Lee, you can step down. We'll be in recess for 15.

Temperature

tense

Key Quotes (4)

Dr. Henry Lee
I did not make this board.
Lee disavows Defense exhibit 1337, the footprint board central to defense arguments about shoeprints at Bundy, suggesting it may contain errors in tile placement.
Dr. Henry Lee
I was so busy taking picture, I only have 20 minutes to work. I only can do one thing at a time. I dictate to her. Whether or not she put it down, I don't know.
Reveals the rushed, imperfect conditions of Lee's scene examination, undermining the precision of his documentation of the parallel line imprints.
Dr. Henry Lee
This is a much better photograph than what I obtained.
Lee concedes the prosecution held higher-quality photos than he was given by the defense, raising questions about what the defense provided him.
Dr. Henry Lee
I think if I look at this picture today, this probably one next in this location. I did not make this board.
Lee suggests the defense exhibit may have placed the imprint in the wrong tile location, a potentially damaging concession.

Evidence (7)

People's 596
Sock photograph
Jurors reviewed
People's 597
Board of three photographs showing bindle no. 42
Introduced and discussed with Lee re: wet transfers
People's 202
Serology results board with PGM subtypes
Discussed; Lee directed to item 42 showing inconclusive PGM subtype result
People's 45-I
First-generation photograph of June 13th Bundy walkway showing parallel lines
Lee concedes parallel lines are most likely trawl marks or scratches in the pavement, not shoeprints
Defense 1337
Footprint board depicting shoeprints at Bundy
Challenged; Lee disavows authorship and questions accuracy of tile placement
People's 598
Blank magnetic board
Introduced as display surface
+ 1 more

Notable Exchanges (3)

Hank GoldbergDr. Henry Lee
Goldberg walks Lee through tile numbering on the Bundy walk photographs, exposing that Lee has no independent recollection of exact tile locations for the parallel line imprints and that his notes (taken by Dr. Barbara Wolf) do not specify the column position.
strategic
Dr. Henry LeeHank Goldberg
When shown the defense's footprint board (1337), Lee states he did not make it and suggests the imprint location may be marked incorrectly, an unexpected concession damaging to the defense.
revealing
Hank GoldbergDr. Henry Lee
Goldberg establishes that Lee requested better photographs from Shapiro but was told 'that's all he get,' and that Lee no longer has those photos, raising evidence-access questions.
strategic

Light Moments (1)

Dr. Henry Lee
Dr. Lee says 'Bless you' to someone who apparently sneezed during exhibit retrieval.

Credibility Attacks (3)

⚔ Dr. Henry Lee
documentation gaps
Goldberg establishes Lee had only 20 minutes at Bundy, dictated notes to an assistant (Dr. Barbara Wolf), has no independent recollection of exact tile locations, and cannot verify the accuracy of Defense exhibit 1337 which he did not author.
⚔ Dr. Henry Lee
quality of materials provided
Goldberg shows Lee a first-generation prosecution photograph that is 'much better' than what the defense gave him, implying Lee's scene analysis was limited by the materials the defense provided.
⚔ Defense exhibit 1337
witness disavowal
Lee himself states he did not make the footprint board and believes the imprint location marked on it may be incorrect, undermining a key defense visual exhibit.

Witness Demeanor

(Brief pause.) during exhibit retrieval
Lee steps down from witness stand to examine photographs on display board
Lee uses 'Indicating' repeatedly while pointing at photographs and boards

Objections

3 objections (1 sustained, 1 overruled)
Proceeding 7458 • 252 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 AUG 28, 1995 📄 Cross-examination of Dr. Henry
AUG 28, 1995 KRT DvH TD