📄 Clarification on Dr. Lee's testimony — Tuesday, August 29, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\29\CLARIFICATION-ON-DR-LEE-S-TEST.DOC
TRIAL
▲ Day 144 of 167

Clarification on Dr. Lee's testimony

Date: Tuesday, August 29, 1995 • Utterances: 10
Defense attorney Barry Scheck raises a pre-emptive objection to clarify the record on Dr. Henry Lee's prior testimony about presumptive blood tests at Rockingham. Scheck, after reviewing trial tapes, feared the prosecution might argue in closing that blood was found near the Rockingham air conditioner/sink area — when in fact Dr. Lee was about to explain those results were likely false positives from metal surfaces. Scheck requests the court bar any such argument and offers a Lee affidavit if needed.
1 THE COURT:

All right. Any other issues we need to address before we go to the Fuhrman tape issue?

2 MR. SCHECK:

One short issue, your Honor. I noticed yesterday, in reviewing some tapes of Dr. Lee's testimony, that there was a question--

3 THE COURT:

Once wasn't enough?

4 MR. SCHECK:

Well, it was something that came out that was--when I watched the tape and I correlated with what I heard in court, it came out a little differently than I had heard it, and I just wanted to be clear on the record because of what the events--

5 THE COURT:

I'm not getting the drift of what you are saying.

6 MR. SCHECK:

Let me be specific. What happened was that Mr. Goldberg asked Dr. Lee a question to the effect of did you make any findings consistent with blood at the Rockingham location? And Dr. Lee said something to the effect of he had conducted tests on a doorknob, sink traps and air conditioner, and at that point as he was about to explain something further, Mr. Goldberg got up and said I think you've answered the question. Now, I at that point was standing up as well because I thought, and it was--I thought what Mr. Goldberg was doing is that he knew, we all knew that there had be presumptive tests conducted at Rockingham on sink traps and a doorknob and the metal top of an air conditioner where there was no red stain, and these are the kind of presumptive tests that Dr. Lee was about to say give false positives because they are metal surfaces and if he tests any sink, any trap of a sink, he is going to get a false positive if he did it in any household, because of bacteria, metal, et cetera, so I thought that was what the answer was. When Mr. Goldberg was stopping him from answering I thought he was doing that because he didn't want to elicit testimony that was against the rule of the court and I thought that it hadn't really come out because he didn't testify to what the results were. But then yesterday, looking at the tapes and the reaction of some people to the tapes, it became a concern of mine that the People might actually try to use that testimony to sum up that blood was found in the air conditioning area of Rockingham. I just want to make clear that we have an objection to that.

7 THE COURT:

All right.

8 MR. SCHECK:

And that that would have been improper. I didn't think it came out that way. That is not what Dr. Lee's testimony would be. And if an affidavit is necessary, I spoke to him this morning, he would gladly submit it to the court, so basically the only relief I'm asking for at this point is that no reference be made to that testimony or argument to that effect, that there was blood evidence found in that area because, that is not the results.

9 THE COURT:

All right. This is a comment for the purposes of making a timely objection, I take it then?

10 MR. SCHECK:

Yes.

Temperature

procedural

Key Quotes (4)

Lance A. Ito
Once wasn't enough?
Wry aside about recalling or revisiting Dr. Lee's testimony — one of Ito's characteristically dry moments.
Barry Scheck
I thought that was what the answer was. When Mr. Goldberg was stopping him from answering I thought he was doing that because he didn't want to elicit testimony that was against the rule of the court.
Scheck explains he initially read Goldberg's interruption as strategic self-protection — not realizing it might later be spun as an admission of blood evidence.
Barry Scheck
The People might actually try to use that testimony to sum up that blood was found in the air conditioning area of Rockingham. I just want to make clear that we have an objection to that.
States the core concern: preventing prosecution from mischaracterizing incomplete testimony in closing argument.
Barry Scheck
If he tests any sink, any trap of a sink, he is going to get a false positive if he did it in any household, because of bacteria, metal, et cetera.
Summarizes the scientific basis for Dr. Lee's expected testimony — presumptive tests on metal yield false positives, not blood findings.

Evidence (1)

Informal
Presumptive blood tests on doorknob, sink traps, and metal top of air conditioner at Rockingham — no red stain present; Scheck argues results were false positives due to metal surfaces
discussed (testimony clarification)

Notable Exchanges (1)

Barry ScheckLance A. Ito
Scheck delivers a lengthy, winding explanation; Ito cuts in with 'I'm not getting the drift of what you are saying,' prompting Scheck to finally be specific.
procedural

Light Moments (1)

Lance A. Ito
Ito quips 'Once wasn't enough?' when Scheck mentions revisiting Dr. Lee's testimony on tape.

Objections

None recorded
Proceeding 7461 • 10 utterances
Criminal Trial
Department 103
⚖️ Start
📂 AUG 29, 1995 📄 Clarification on Dr. Lee's tes
AUG 29, 1995 KRT DvH TD