Cross-examination of Dr. Henry Lee (afternoon, part 4)

📄 Cross-examination of Dr. Henry Lee (afternoon, part 4) — Monday, August 28, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\28\CROSS-EXAMINATION-OF-DR-HENRY-.DOC

TRIAL

▲ Day 143 of 167

◀ Exhibit preparation Sidebar: video evidence ▶

Witness: Dr. Henry Lee
Examiner: Hank Goldberg
Called by: Defense • Date: Monday, August 28, 1995 • Utterances: 248

Prosecutor Hank Goldberg cross-examines defense forensic expert Dr. Henry Lee on shoeprint evidence from the Bundy crime scene walkway, walking him through a series of photographs taken June 13th and June 25th to establish that Bruno Magli prints were consistently present and that the mysterious 'parallel line' imprint Lee identified in his own June 25th photo does not appear in the earlier June 13th photographs. Goldberg also probes the limitations of Lee's crime scene documentation — no tripod, a tape measure instead of a scale ruler, and only twenty minutes on site.

# 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. Dr. Henry Lee is on the witness stand undergoing cross-examination by Mr. Goldberg.

# 3 MR. GOLDBERG:

Thank you.

# 4 MR. SCHECK:

Your Honor, just--

# 5 THE COURT:

Hold on just a second. We've got all our equipment?

# 6 MR. GOLDBERG:

Yes.

# 7 THE COURT:

All right.

# 8 MR. GOLDBERG:

Your Honor, for the record, I put the no. 10 sticker on the--on exhibit A, 598-A on the 11th tile, and Dr. Lee then said that he had seen something on 11 down, three across from left to right. I've moved it, I've moved no. 10 in Mr. Scheck's presence now to the 10th tile.

# 9 THE COURT:

All right. So we're agreed that the marker for the 10th tile is now correctly placed on this exhibit, correct?

# 10 DR. LEE:

Yes.

# 11 MR. SCHECK:

There was other testimony about other tiles, but--

# 12 THE COURT:

All right. Thank you.

# 13 MR. GOLDBERG:

Now, Dr. Lee--

# 14 THE COURT:

The appellate courts will just love this record.

KEY QUOTE

# 15 MR. GOLDBERG:

What?

# 16 THE COURT:

Never mind.

# 17 MR. GOLDBERG:

Dr. Lee, directing your attention to photographs 598-A, B and C, do you see some footprints on those photographs that are consistent with what has been identified as a Bruno Magli design?

# 18 DR. LEE:

Yes.

# 19 MR. GOLDBERG:

Do you see any items on there that can be identified as footprints that are inconsistent with the Bruno Magli design?

# 20 DR. LEE:

I see some imprint evidence in different locations. I don't know what type of pattern. It's--if we call this column no. 1, column no. 2, we can see column no. 1 and column no. 2, they are vivid pattern which consistent with Bruno Magli. Of course, those other focus, I don't know. Column no. 3, they are some appear to be imprint evidence which I don't know what kind of pattern.

# 21 MR. GOLDBERG:

Okay. So the only imprint evidence on any of these photos that we can say is both--that we can say is a shoe is consistent with the Bruno Magli design; is that correct?

# 22 DR. LEE:

These two in focus. These two is in focus, I can tell. The rest of them I can not tell.

# 23 MR. GOLDBERG:

All right. Now, did you take a look at Bill Bodziak's diagrams and notes with respect to his investigation of shoeprint evidence in the Bundy location?

# 24 DR. LEE:

No. This is the first time I see this beautiful chart. And a lot of blue, black--dark blue, all different color which appears to be indicates some footprint.

# 25 MR. GOLDBERG:

Can I put that up on another easel, your Honor?

# 26 THE COURT:

Yes. All right. And, Mr. Fairtlough, which diagram is this?

# 27 MR. FAIRTLOUGH:

This is People's exhibit 387-B.

# 28 THE COURT:

Thank you.

# 29 MR. GOLDBERG:

While we're waiting for him to put that up, the other items that you said are imprints that you can see--

# 30 DR. LEE:

Yes.

# 31 MR. GOLDBERG:

--are you saying that those are shoeprints or not shoeprints or "I don't know"?

# 32 DR. LEE:

I can tell you that imprint, but I can not tell you definitively those are shoeprints.

# 33 MR. GOLDBERG:

Okay. Now, doctor, were you aware of any testimony by Mr. Bodziak on cross-examination offering a theory that someone perhaps turned around and went back down the walk as well wearing Bruno Magli shoes?

# 34 DR. LEE:

When I exam some crime scene photo, although it's a second, third generation, I do see couple footprint out of place in different direction. So I concur with his opinion. That's just interpretation.

# 35 MR. GOLDBERG:

All right. But that there seemed to be fewer prints perhaps--well, strike that. Okay. Now, doctor--

# 36 MR. GOLDBERG:

Excuse me. Your Honor, I'd like to mark as People's next in order, that would be 598-E and F--

# 37 THE COURT:

599? I'm sorry. 598. We're still doing the magnetic--

# 38 MR. GOLDBERG:

Yes.

# 39 THE COURT:

All right.

# 40 MR. GOLDBERG:

And E is what appears to be a--

# 41 MR. SCHECK:

This would be D I think.

# 42 MR. GOLDBERG:

No. We already had--

# 43 THE COURT:

A, B, C, D.

# 44 MR. GOLDBERG:

Yeah. He's right. I thought we already marked a D. Sorry. So D is going to be--oh, excuse me. There is a D. Okay. Yes, there was a D, your Honor. Okay. As E, what appears to be a further-away view of what appears to be a parallel line imprint that intersects with a tile, and then as F, what appears to be a closer view of the same photograph.

# 45 (Peo's 598-E and F for id = mag. Photos)

# 46 MR. SCHECK:

Your Honor, before he describes what they are, maybe he could show them to the witness and he'll authenticate them in that fashion.

# 47 THE COURT:

He gets to do it the way he wants to do it, counsel.

# 48 MR. SCHECK:

I'm only talking about the description of what it contains.

# 49 MR. GOLDBERG:

Your Honor, for the record, I'm taking C and B down, but I'm going to leave a up.

# 50 MR. GOLDBERG:

And, doctor, I'm going to put a on its side. And the way that I've arranged this, the dog's bowl is on the left-hand side of the photograph; is that correct?

# 51 DR. LEE:

That's correct.

# 52 MR. GOLDBERG:

So looking at it, it's as if we're sort of looking down the walk towards the alley; is that correct?

# 53 DR. LEE:

Yes.

# 54 MR. GOLDBERG:

All right. Now, I'd like to show you what has been marked as E, and I'm orienting that so that the tile is parallel with the floor as it's on the board, floor in this courtroom; is that correct?

# 55 DR. LEE:

That's correct.

# 56 MR. GOLDBERG:

And I'd like to show you F, and I'm orienting that similarly so that the tile is parallel with this courtroom floor.

# 57 DR. LEE:

Yes, sir.

# 58 MR. GOLDBERG:

Now, are these--do these two photographs depict the same scene?

# 59 DR. LEE:

Appears to be depict the same scene. Appears to be enhanced photo.

# 60 MR. GOLDBERG:

Excuse me?

# 61 DR. LEE:

Enhanced photo.

# 62 MR. GOLDBERG:

You mean enhanced, enlarged or--

# 63 DR. LEE:

Enlarged or enhanced because the contrast is much better than before, much better than my original photo.

# 64 MR. GOLDBERG:

Looking at this photograph or these two photographs now, does this item that intersects--the imprint that intersects the walkway appear to be more consistent with the shoeprint than in the photos that you looked at?

# 65 DR. LEE:

Maybe. I can not--I still call imprint. I can not say that's a foot.

# 66 MR. GOLDBERG:

Now, with respect to this photograph, sir, there appear to be a number of dark spots.

# 67 DR. LEE:

Imprints, yes.

# 68 MR. GOLDBERG:

Little dark patches?

# 69 DR. LEE:

Yes.

# 70 MR. GOLDBERG:

Were there berries on the walk?

# 71 DR. LEE:

Yes. There are berries on the walk.

# 72 MR. GOLDBERG:

And did the berries leave numerous berry stains in the area?

# 73 DR. LEE:

Well, I guess with berries, somebody step on the berry, going to be some berry stain.

# 74 MR. GOLDBERG:

So when we're looking at these little dark splotches on the photograph, those appear to be--

# 75 DR. LEE:

Those are residue of the berry. Not the berry stain.

# 76 MR. GOLDBERG:

All right. Now, doctor, I'd like to direct your attention back to Bill Bodziak's diagram.

# 77 DR. LEE:

Yes, sir.

# 78 MR. GOLDBERG:

And let's count over to the 10th tile. One, two--okay. So the 10--the 10th tile is to the--right between J and K and H and I; is that correct?

# 79 DR. LEE:

Yes, sir.

# 80 MR. GOLDBERG:

So the closest photographs we have to that tile would be photographs depicting H, I, J and K, correct?

# 81 DR. LEE:

This by the way not the 10th tile. This E and F by no means it's not 10th tile. Also going to be 10th tile as I just noticed the chart was upside down and should be here, from here, the side instead of on this side (Indicating).

# 82 MR. GOLDBERG:

Okay. Now, by second one, what are you talking about? The other that's not on--

# 83 DR. LEE:

Not--you did not show. Not shows the footprint.

# 84 MR. GOLDBERG:

Okay. The one that's a footprint is on what tile?

# 85 DR. LEE:

10th tile. One zero.

# 86 MR. GOLDBERG:

Okay. One zero. So that should be between H, I, J and K?

# 87 DR. LEE:

It's here (Indicating). It's not. It's little off H, I and J, K.

# 88 MR. GOLDBERG:

But do you have any note--you don't have any notes reflecting where that is?

# 89 DR. LEE:

Only Dr. Barbara Wolf, I dictate to her. She wrote down, "10th tile parallel line footprint."

# 90 MR. GOLDBERG:

And with respect to the one that's intersecting the tile--

# 91 DR. LEE:

Yes.

# 92 MR. GOLDBERG:

--that's the one where we don't know where it is?

# 93 DR. LEE:

Probably five or seven, in that neighborhood, but the notes do not reflect.

# 94 MR. GOLDBERG:

So E and F, we don't know.

# 95 DR. LEE:

We don't know.

# 96 MR. GOLDBERG:

All right. Now, let's take a look at the--and just so that we're clear, E and F are the photographs that you took on June the 25th?

# 97 DR. LEE:

No. E--I took some photograph. You use my photograph to enlarge those, enhance. Show additional--as I pointed out, there are numerous imprint evidence on here. This wiggly line, that another imprint evidence. Here is another parallel line imprint evidence, actually better than my own photo (Indicating).

# 98 MR. GOLDBERG:

Now, doctor, would you agree though that these photographs were taken on June the 25th, E and F?

# 99 DR. LEE:

My photograph was taken on June 25th. This photograph definite not taken on June 25th.

# 100 MR. GOLDBERG:

Well, isn't this--this comes from your photograph, right?

# 101 DR. LEE:

So it's not from my--you are taking--retaking my photograph. So you did not take on June 25th, 1995.

# 102 MR. GOLDBERG:

Okay. Well, I don't want to get into semantics.

# 103 DR. LEE:

No, that not semantic. That's really important--

# 104 MR. GOLDBERG:

Okay.

# 105 DR. LEE:

--because I took my picture on June 25th, 1994. This picture, somebody took picture of my picture.

KEY QUOTE

# 106 MR. GOLDBERG:

Your Honor, at this time, I'd like to mark as People's 598-G a photograph of what appears to be the same as E and F except that it's not enlarged.

# 107 THE COURT:

All right.

# 108 (Peo's 598-G for id = photograph)

# 109 MR. GOLDBERG:

Doctor, is this your picture?

# 110 DR. LEE:

Yes, sir. This is my picture.

# 111 MR. GOLDBERG:

Okay. Let's just put that on the elmo so we have that. Well, can't we get a little better than that? Your Honor, I'd like to mark as People's 598-H--do we have an H sticker? Unfortunately, I don't have an H sticker. But fortuitously, this happens to be footprint H and it has an H in it.

# 112 (Peo's 598-H for id = photograph)

# 113 MR. GOLDBERG:

I would like to direct your attention, Dr. Lee, to a footprint that is in photograph H.

# 114 DR. LEE:

Yes.

# 115 MR. GOLDBERG:

Now, does that appear to be one of the photographs that was taken on June the 13th?

# 116 DR. LEE:

I trust you.

# 117 MR. GOLDBERG:

Okay. And incidentally, when we're taking photographs of shoeprints, is it preferable to have photographs if possible in black and white?

# 118 DR. LEE:

Yes.

# 119 MR. GOLDBERG:

And then I'd like to mark as People's 594-I for identification--

# 120 MR. SCHECK:

598.

# 121 THE COURT:

598.

# 122 MR. GOLDBERG:

--598-I another imprint.

# 123 (Peo's 598-I for id = photograph)

# 124 MR. GOLDBERG:

Let's take one of these down.

# 125 THE COURT:

Or you can just move them over.

# 126 MR. GOLDBERG:

Now, I'd like to direct your attention to what--a photograph that's actually been previously testified to in this case and this case labeled as H.

# 127 DR. LEE:

Yes.

# 128 MR. GOLDBERG:

And that is also depicted on Bill Bodziak's diagram.

# 129 THE COURT:

387-B.

# 130 MR. GOLDBERG:

As H.

# 131 DR. LEE:

Okay.

# 132 MR. GOLDBERG:

And now I'd like to direct your attention to a photograph that's been marked as I for identification here. Now, I'd like you to compare very carefully E and I for identification.

# 133 DR. LEE:

Yes.

# 134 MR. GOLDBERG:

First I'd like to direct your attention to the heel print of E and I.

# 135 DR. LEE:

All right.

# 136 MR. GOLDBERG:

Does it appear that the same portion--does it appear that the same portion of the heel print is missing in both of those?

# 137 DR. LEE:

Yes.

# 138 MR. GOLDBERG:

And I'd like to direct your attention to what would be the toe area of I.

# 139 DR. LEE:

Right.

# 140 MR. GOLDBERG:

Does it appear that with respect to the toe area of I, that portions of the toe area in relationship to the tile, the grouting in the tile is consistent with its placement on E?

# 141 DR. LEE:

Could be. I can not see that definitively, but could be.

# 142 MR. GOLDBERG:

But you agree that that appears to be--

# 143 DR. LEE:

I don't have the tile here.

# 144 MR. GOLDBERG:

All right. Now, doctor, do you also notice what appear to be in this photograph some possible splatter patterns maybe from a bird?

# 145 DR. LEE:

It's a bird? If you say that's a bird, that's fine.

KEY QUOTE

# 146 MR. GOLDBERG:

Can you take a look at that spatter?

# 147 DR. LEE:

How can I look at spatter, tell you that's a bird, squirrel. I can't tell.

# 148 MR. GOLDBERG:

Well, whatever it is, there's some sort of a white spatter pattern in there, correct?

# 149 DR. LEE:

Could be a--could be anything.

# 150 MR. GOLDBERG:

Okay. Whatever it is, there appears to be some sort of a white mark that appears to be a spatter; is that correct?

# 151 DR. LEE:

Sure.

# 152 MR. GOLDBERG:

Okay. Now, I'd like to direct your attention to H for identification and see whether you can see that same spatter pattern appears in both photographs.

# 153 DR. LEE:

Looks like a similar pattern. But again, I can not tell you that's a spatter or not spatter. If you just want to--asking me is this more or less like same location, I will tell you it looks like more or less same if use this ruler. Whether or not on the walkway have other so-called bird or spatter or not--for example, here you have one that's not showing in the photo (Indicating). I don't know.

# 154 MR. GOLDBERG:

Or this could be a photographic--

# 155 DR. LEE:

This could be a photograph.

# 156 MR. GOLDBERG:

Except--

# 157 DR. LEE:

Anything is possible.

# 158 MR. GOLDBERG:

All right. These are some of the problems we get into with photographs.

# 159 DR. LEE:

Right. Because look at here, you have additional stuff and here I don't see additional stuff.

# 160 MR. GOLDBERG:

Now--

# 161 DR. LEE:

It's kind of difficult to just look at the picture. That's difficult.

# 162 MR. GOLDBERG:

Now, Dr. Lee--

# 163 DR. LEE:

Yes.

# 164 MR. GOLDBERG:

--if you are photographing footprints on a walkway, you are supposed to use a tripod; is that correct?

# 165 DR. LEE:

That's correct. Supposed to. Ordinary, if I do my crime scene, I do. If you asking me did I take this with tripod, no. I only have 20 minute, just enough to get there, take couple shot and get out.

# 166 MR. GOLDBERG:

But if someone does take a picture with a tripod and they're not adjusting--they're trying to keep the tripod at the same height as they go down the walk, photographs should match up much better than one would expect; is that correct?

# 167 DR. LEE:

Uh, in certain aspect, it's correct. But, for example, this photograph, it's not correct. The ruler got the shoe and it was supposed to have a t-bar shape. This block something, here block something. You are not seeing the whole shoe.

# 168 MR. GOLDBERG:

Well, doctor, also, you used a metal retractor.

# 169 DR. LEE:

That's all I got.

# 170 MR. GOLDBERG:

But you're not supposed to use that in shooting photography, correct?

# 171 DR. LEE:

No. Not saying you not supposed to. You only can use whatever you get that moment. If I bring my whole crime scene lab to Bundy that day, of course I can. Tripod, laser lock, I probably going to use chemical enhancement. I probably can develop minimal, I just look at a photo--

# 172 MR. GOLDBERG:

Your Honor, actually there's no question pending at this point.

# 173 THE COURT:

All right. The question was regarding the ruler. Proceed.

# 174 MR. GOLDBERG:

Well, Dr. Lee, you didn't use one of the rulers that was marked in evidence, did you?

# 175 DR. LEE:

That's called a ruler too.

# 176 THE COURT:

Appears to be a tape measure.

# 177 MR. GOLDBERG:

All right. Tape measure. At any rate, let's not get off the subject and deal with another area. Do you notice on H there appears to be a little portion of a heel print on--

# 178 DR. LEE:

Yes.

# 179 MR. GOLDBERG:

Now, let's try to match up what appears to be a possible splatter pattern and the heel print on these two photographs. And now, I'm blocking part of your photograph.

# 180 DR. LEE:

Yes.

# 181 MR. GOLDBERG:

Does that appear to match up reasonably well?

# 182 DR. LEE:

Yes, sir. Yes, sir.

# 183 MR. GOLDBERG:

Okay. Is it reasonable to believe that these two photographs are depicting portions of the same tile?

# 184 DR. LEE:

Yes.

# 185 THE COURT:

All right. Mr. Goldberg, you--

# 186 MR. GOLDBERG:

I'm blocking the jurors again.

# 187 THE COURT:

No. No. It's all right. That's not my concern. I just need--the record needs to reflect which--that you superimposed H over--

# 188 MR. GOLDBERG:

Over I.

# 189 THE COURT:

Over I. Thank you.

# 190 MR. GOLDBERG:

Now, let's take a look at--back at A. Let's go on to the ninth tile. We have a little bit of a heel imprint that seems to be consistent with H.

# 191 DR. LEE:

Right.

# 192 MR. GOLDBERG:

And we have another larger footprint on the--intersecting the eighth and ninth tiles that appears to be consistent with I.

# 193 DR. LEE:

Yes.

# 194 MR. GOLDBERG:

Correct?

# 195 DR. LEE:

Correct.

# 196 MR. GOLDBERG:

All right. Now, directing your attention back to your photograph, the June--excuse me--the June 25th photograph.

# 197 DR. LEE:

Yes, sir.

# 198 MR. GOLDBERG:

Let's call it that.

# 199 DR. LEE:

Yes.

# 200 MR. GOLDBERG:

Do you notice what appears to be a similar heel print in the bottom corner of the tile?

# 201 DR. LEE:

Could be.

# 202 MR. GOLDBERG:

And does that appear to be consistent with the portion of the heel print in H?

# 203 DR. LEE:

Yes, sir.

# 204 MR. GOLDBERG:

All right. Now, with respect to--now, doctor, is it reasonable to believe that we have now identified photographs that were taken on the 13th of the same area that was photographed on June the 25th?

# 205 DR. LEE:

Yes.

# 206 MR. GOLDBERG:

Now, with respect to the wave-like pattern--

# 207 DR. LEE:

Yes.

# 208 MR. GOLDBERG:

--on the June the 25th photograph, is it fair to say that that does not appear in the June 13th photographs?

# 209 DR. LEE:

It's under the ruler first thing. Second, this problem much lighter compared to this pattern. If it made of blood, this is dark, this going to be much lighter, which if you have a direct lighting, you probably--just like Mr. Goldberg just say, reflection, bleach out, all kind of possibility, you may don't see it. After time, aging, progression, this thing gets darker, darker. That's why the contrast you start can see. Unless you can see it, you can't take picture.

# 210 MR. GOLDBERG:

Well, Dr. Lee, with respect to the June the 25th photograph--

# 211 DR. LEE:

Yes. Right.

# 212 MR. GOLDBERG:

--and the wave-like pattern, this was not one of the items that you identified as being the parallel line?

# 213 DR. LEE:

No.

# 214 MR. GOLDBERG:

And this was not something you identified being consistent with blood; is that correct?

# 215 DR. LEE:

I did not test--I test this area. I test some other area, test couple area (Indicating). I don't recall exactly spot so many--so long ago.

# 216 MR. GOLDBERG:

So you can't recall?

# 217 DR. LEE:

I can't recall.

# 218 MR. GOLDBERG:

All right. But just so that it's clear, if we look at I and H--

# 219 DR. LEE:

Yes.

# 220 MR. GOLDBERG:

--and we're looking at the intersection of the tile in the area of the heel print on H--

# 221 DR. LEE:

Right.

# 222 MR. GOLDBERG:

--does that appear to be the same as the intersection on E that also contains a partial heel print?

# 223 DR. LEE:

Yes.

# 224 MR. GOLDBERG:

Now, is there any photographic--would you agree that there is no indication of the parallel line imprint on the June the 13th photographs?

# 225 DR. LEE:

Not what we can see.

# 226 MR. GOLDBERG:

Because here we see a fairly dark impression; is that correct?

# 227 DR. LEE:

That's correct.

# 228 MR. GOLDBERG:

And what I'm referring to here, I'm talking about the June the 25th--

# 229 DR. LEE:

Yes, sir.

# 230 MR. GOLDBERG:

--photograph. But we do not see that on the June 13th photograph; is that correct?

# 231 DR. LEE:

With this particular photo.

# 232 MR. SCHECK:

Your Honor, the record should reflect Mr. Goldberg was pointing towards I think it's 598-H at that moment, the black and white.

# 233 MR. GOLDBERG:

Your Honor, at this time, I'm going to move on to a different, but related area. But before I do that, would it be possible for the jurors to get a close-up view of the photographs that are now on the board?

# 234 THE COURT:

All right. Let's start with juror no. 1.

# 235 (The board with photographs, People's exhibit 598 was examined by each one of the jurors.)

# 236 THE COURT:

Mr. Fairtlough, the jurors would like it down a little bit.

# 237 (Mr. Fairtlough complies.)

# 238 THE COURT:

Thank you. Any of the jurors want to use a magnifying glass looking at any of this?

# 239 A JUROR:

It's fine.

# 240 THE COURT:

Fine?

# 241 (Brief pause.)

# 242 THE COURT:

All right. The record will reflect that each of the jurors have had the opportunity to carefully examine 598. Mr. Goldberg.

# 243 MR. GOLDBERG:

Excuse me. Sorry, your Honor?

# 244 THE COURT:

Proceed.

# 245 MR. GOLDBERG:

Your Honor, I wanted to show one of the videos that was previously marked as 101, but Mr. Scheck now wants to approach.

# 246 THE COURT:

All right. With the court reporter, please.

# 247 MR. GOLDBERG:

Your Honor, while we are doing that, is it okay if we take these boards down?

# 248 THE COURT:

Yes, please.

Temperature

procedural

Key Quotes (4)

Dr. Henry Lee

I only have 20 minute, just enough to get there, take couple shot and get out.

Goldberg elicits this admission to undermine the rigor of Lee's June 25th crime scene examination, which produced the contested parallel line imprint evidence.

Dr. Henry Lee

I took my picture on June 25th, 1994. This picture, somebody took picture of my picture.

Lee insists on a precise evidentiary distinction when Goldberg tries to characterize enhanced/enlarged reproductions as equivalent to Lee's original photographs — a methodologically important correction.

Dr. Henry Lee

It's a bird? If you say that's a bird, that's fine.

Lee deflects Goldberg's attempt to get him to speculate about the origin of white spatter marks, highlighting the limits of photographic interpretation.

Lance A. Ito

The appellate courts will just love this record.

Dry judicial humor reacting to the confusion over tile numbering and exhibit placement — the record at that point was nearly incoherent.

Evidence (8)

People's 598-A, B, C

Magnetic photographs of Bundy walkway showing shoeprint imprints, including Bruno Magli-consistent prints

discussed, compared, partially removed from board during examination

People's 598-D

Magnetic photograph (existence confirmed after numbering confusion)

referenced

People's 598-E and F

Enhanced/enlarged reproductions of Lee's June 25th photograph showing parallel line imprint intersecting a tile

introduced, compared against June 13th photos

People's 598-G

Lee's original June 25th photograph (unenlarged), authenticated by Lee

introduced, authenticated

People's 598-H

Black-and-white photograph of shoeprint area taken June 13th, labeled H, corresponding to Bodziak's diagram

introduced, overlaid on 598-I for comparison

People's 598-I

Photograph of shoeprint area on walkway tile

introduced, compared to 598-E and 598-H

+ 2 more

Notable Exchanges (4)

Hank Goldberg•Dr. Henry Lee

Goldberg attempts to get Lee to agree that the wave-like parallel line pattern visible in his June 25th photo does not appear in the June 13th photographs. Lee concedes 'Not what we can see' and offers aging/contrast explanations, but does not walk back his earlier testimony.

strategic

Hank Goldberg•Dr. Henry Lee

Goldberg presses Lee on whether enhanced photos of his June 25th image were 'taken June 25th.' Lee firmly corrects him: 'somebody took picture of my picture' — distinguishing original from reproduction. Goldberg retreats: 'I don't want to get into semantics.' Lee: 'No, that not semantic. That's really important.'

revealing

Hank Goldberg•Dr. Henry Lee

Goldberg challenges Lee's crime scene methodology — no tripod, use of a retractable tape measure instead of a scale ruler. Lee is unapologetic: 'That's all I got' and 'If I bring my whole crime scene lab to Bundy that day, of course I can.'

strategic

Lance A. Ito•Hank Goldberg

Ongoing confusion over tile numbering on the board (chart was upside down, sticker placed on wrong tile, exhibit letters confused with Bodziak's grid labels). Ito observes: 'The appellate courts will just love this record.'

light

Light Moments (4)

Lance A. Ito

After Goldberg places exhibit marker on the wrong tile and must move it in Scheck's presence, Ito deadpans: 'The appellate courts will just love this record.'

Hank Goldberg

Goldberg notes that exhibit 598-H 'happens to be footprint H and it has an H in it' — implying fortuitous labeling.

Dr. Henry Lee

When Goldberg asks Lee to identify white marks as possibly bird droppings, Lee replies: 'It's a bird? If you say that's a bird, that's fine.' Then adds: 'How can I look at spatter, tell you that's a bird, squirrel. I can't tell.'

Lance A. Ito

Ito gently corrects Goldberg's use of 'ruler': 'Appears to be a tape measure.'

Credibility Attacks (3)

⚔ Dr. Henry Lee

methodology challenge

Goldberg highlights that Lee had only 20 minutes at the Bundy scene on June 25th, did not use a tripod, and used a retractable tape measure rather than a proper scale ruler — all deviations from forensic best practice that could affect the reliability of his photographic documentation.

⚔ Dr. Henry Lee

prior inconsistent evidence / absence of corroboration

Goldberg establishes that the wave-like parallel line imprint Lee identified in his June 25th photograph does not appear visible in June 13th crime scene photographs of the same tile area, suggesting the imprint may not have been present at the time of the murders or may be an artifact of aging/photographic conditions.

⚔ Dr. Henry Lee

incomplete documentation

Lee acknowledges his notes on the location of the parallel line imprint were dictated to Dr. Barbara Wolf and are sparse — he cannot independently confirm which tile it was on beyond 'the 10th tile,' and for other imprints can only say 'probably five or seven, in that neighborhood, but the notes do not reflect.'

Witness Demeanor

Lee is composed and precise throughout, frequently qualifying conclusions ('could be,' 'I can not tell you definitively')

Occasionally dry and gently humorous in deflecting overreach from Goldberg

Stands his ground on evidentiary distinctions (original vs. reproduction photo) without becoming combative

Jurors passed photograph board for close examination; at least one juror declined magnifying glass offered by Ito

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7443 • 248 utterances • Defense witness

Criminal Trial

Department 103