Cross-examination of Dr. Henry Lee (part 2)

📄 Cross-examination of Dr. Henry Lee (part 2) — Monday, August 28, 1995

Address:

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

TRIAL

▲ Day 143 of 167

◀ Recross-examination of Dr. Henry Lee (part 2) Recross-examination of Dr. Henry Lee (part 3) ▶

Witness: Dr. Henry Lee
Examiner: Hank Goldberg
Called by: Defense • Date: Monday, August 28, 1995 • Utterances: 7

In this brief redirect, Barry Scheck asked Dr. Henry Lee whether trace evidence — soil, berries, fibers, hairs — should theoretically transfer from crime scene to car if a perpetrator walked through the area. Lee affirmed the principle of trace transfer. Goldberg objected repeatedly but was overruled both times.

# 1 MR. SCHECK:

All right. You were asked some questions just now by Mr. Goldberg about trace evidence and blood.

# 2 MR. GOLDBERG:

Misstates the testimony.

# 3 THE COURT:

Overruled.

# 4 MR. SCHECK:

Now, would you expect in a struggle where shoes were in blood, in soil and crossed a path where there were berries to find evidence of soil and berries and even hairs and fibers from victims in a car if the perpetrator had engaged in a struggle and walked into that car?

KEY QUOTE

# 5 MR. GOLDBERG:

Your Honor, beyond the scope, calls for speculation, assumes facts not in evidence, misstates the testimony.

# 6 THE COURT:

Overruled.

# 7 DR. LEE:

If the shoes have contact the berry, contact the soil or fiber debris, in theory, we should see the transfer.

FURTHER RECROSS-EXAMINATION BY MR. GOLDBERG

KEY QUOTE

Temperature

procedural

Key Quotes (2)

Dr. Henry Lee

If the shoes have contact the berry, contact the soil or fiber debris, in theory, we should see the transfer.

Lee affirms the defense theory that a perpetrator would have carried trace evidence into the Bronco — the absence of such evidence is implicitly raised as meaningful.

Barry Scheck

Would you expect in a struggle where shoes were in blood, in soil and crossed a path where there were berries to find evidence of soil and berries and even hairs and fibers from victims in a car if the perpetrator had engaged in a struggle and walked into that car?

Scheck uses Lee's expertise to reinforce the absence-of-evidence argument regarding the Bronco, tying crime scene conditions to expected trace transfer.

Evidence (1)

Informal

Shoes alleged to have contacted blood, soil, berries, and fiber debris at crime scene

discussed hypothetically in context of trace transfer to Bronco

Notable Exchanges (1)

Hank Goldberg•Lance A. Ito

Goldberg fired a volley of four objection grounds simultaneously on Scheck's hypothetical question; Ito overruled all of them without comment.

strategic

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 7455 • 7 utterances • Defense witness

Criminal Trial

Department 103