📄 Cross-examination of Roger Martz (part 2) — Tuesday, July 25, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\25\CROSS-EXAMINATION-OF-ROGER-MAR.DOC
TRIAL
▲ Day 121 of 167

Cross-examination of Roger Martz (part 2)

Witness: Roger Martz
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, July 25, 1995 • Utterances: 108
Marcia Clark conducts redirect examination of FBI forensic chemist Roger Martz, methodically rehabilitating him after defense cross-examination. Clark establishes that defense expert Dr. Fredric Rieders, who criticized Martz's EDTA testing methodology, never conducted any independent experiments of his own and misapplied an EPA study about fish toxicity to draw conclusions about EDTA levels in human blood. Martz also defends the stability of EDTA as a chemical and explains that the 'destroyed' digital data was simply raw instrument output, with the printed graphs constituting the scientifically relevant results.
1 (The following proceedings were held in open court:)
2 THE COURT:

Thank you. Proceed.

3 MS. CLARK:

Do you remember the last--

4 THE COURT:

Rust.

5 MS. CLARK:

Rust. Thank you.

6 THE COURT:

Never sleeps.

7 MS. CLARK:

You were asked a question as to whether or not you have conducted any experiment to determine whether or not EDTA on a bloodstain on a rusty surface will degrade as a result of contact with that rust. Do you recall that question?

8 MR. MARTZ:

Yes, I do.

9 MS. CLARK:

Can--could Dr. Rieders perform such an experiment, sir, to determine whether or not EDTA would degrade under those conditions?

10 MR. MARTZ:

Yes, he could.

11 MS. CLARK:

And to your knowledge, has he?

12 MR. MARTZ:

To my knowledge, he has not.

13 MS. CLARK:

You recall you were asked a question as to whether or not you conducted any testing as to whether or not fertilizer--if EDTA in a bloodstain was subjected to fertilizer, whether that would break down the EDTA. Do you recall that question?

14 MR. MARTZ:

Yes, I do.

15 MS. CLARK:

Could Dr. Rieders perform such a test or experiment, sir?

16 MR. MARTZ:

Yes, he could.

17 MS. CLARK:

And to your knowledge, has he?

18 MR. MARTZ:

To my knowledge, he has not.

19 MS. CLARK:

Do you recall questions concerning whether or not high intensity light focused on the socks might degrade any EDTA that was present in the bloodstains on that sock? Remember?

20 MR. MARTZ:

Yes, I do.

21 MS. CLARK:

To your knowledge, could Dr. Rieders perform such an examination or such an experiment to determine whether or not EDTA would degrade under that condition?

22 MR. MARTZ:

Yes, he could.

23 MS. CLARK:

To your knowledge, has he?

24 MR. MARTZ:

To my knowledge, he has not.

25 MS. CLARK:

You were asked a series of questions concerning whether or not sudden temperature changes could cause EDTA to degrade in blood. Do you recall that?

26 MR. MARTZ:

Yes, I do.

27 MS. CLARK:

Could Dr. Rieders perform experiments to determine whether or not sudden temperature changes would affect or degrade EDTA?

28 MR. MARTZ:

Yes, he could.

29 MS. CLARK:

To your knowledge, has he done so?

30 MR. MARTZ:

To my knowledge, he has not.

31 MS. CLARK:

Now, you indicated that you did confer with Dr. Rieders concerning the subject matter of this case on a couple of occasions, correct?

32 MR. MARTZ:

It was on one occasion last week.

33 THE COURT:

Proceed.

34 MR. MARTZ:

It was on one occasion. I believe it was last week.

35 MS. CLARK:

Now, the graphs that you generated as a result of the testing that you conducted were furnished to the Prosecution and to the Defense back in late February, early March?

36 MR. MARTZ:

The one graph was. There was additional graphs that I did this weekend.

37 MS. CLARK:

Other than the ones that you did this last weekend, were the other--was the other data submitted to the Defense and the Prosecution months ago?

38 MR. MARTZ:

Yes, it was.

39 MS. CLARK:

At any point, did Dr. Rieders call to tell you that he could not form conclusions or opinions because such experiments as I previously outlined to you had not been done?

40 MR. MARTZ:

No, he did not.

41 MS. CLARK:

Now, you recall that Dr. Rieders testified that he felt that based on the EPA study concerning the maximum tolerance for EDTA in the blood based on an experiment with fish extrapolated from that that the normal amount or the maximum amount you would find in people would be in parts per billion. Do you recall that testimony?

42 MR. MARTZ:

Yes, I do.

43 MS. CLARK:

In your expert opinion, sir, is it--was it appropriate for him to use that EPA study to form a conclusion as to what would be the normal amount of EDTA you would expect to find in an average person?

44 MR. MARTZ:

I don't believe so. When I first got that study, which was I believe two nights ago, maybe it was Sunday night, I received that study, and the first thing in looking at it, it appeared to be out of place. They were talking about toxic clean-up of EDTA and they had a lot of things that were mentioned, and all of a sudden, out of nowhere came the fact that it said one part per billion would be normally expected in a human or considered to be the normal level. And it just didn't make sense to me why that would be there. So what I did was, the next morning, I called back to the laboratory and had them search the same reference. And it ended up that it was not a part per million, but it was a thousand--or a part per billion. It was a thousand parts per million. Evidently when it was printed out without good resolution--I really don't have the explanation now. In talking to EPA, they claim that it's a thousand parts per million is what it's supposed to be. So I did some further research, and it ended up that that was solely based on some studies to determine how much EDTA was needed to preserve blood. It had absolutely nothing at all what to do with the amount that would be expected in a person or could be toxic to a person. It was completely out of context and it was wrong.

45 MS. CLARK:

Now, if all of the--well, are you aware, sir, of any study that has been conducted to determine what amount of EDTA you could expect to find in any one of us on a given day?

46 MR. MARTZ:

No, I'm not aware of any study.

47 MS. CLARK:

Now, you were asked a series of questions about the quantification of blood in the samples that you took for testing. You recall those questions?

48 MR. MARTZ:

Yes, I do.

49 MS. CLARK:

Now, if you wanted the exact quantification of the amount, of the amount of blood that you are testing, you could do the tests that counsel proposed; is that correct?

50 MR. MARTZ:

Well, what that does is determines how many hemoglobin is in the blood, and from that, you can estimate how much blood is present.

51 MS. CLARK:

All right. Now, the evidence that you're speaking of that you tested, sir, is that evidence is still in existence?

52 MR. MARTZ:

As far as I know, it is, yes.

53 MS. CLARK:

And are you aware, sir, that the evidence has been in the possession of the Defense on more than one occasion?

54 MR. MARTZ:

Yes, I am.

55 MS. CLARK:

And could they have conducted the tests they propose to you to conduct in terms of quantifying the amount of blood in any given sample?

56 MR. BLASIER:

Objection.

57 THE COURT:

Sustained.

58 MS. CLARK:

Could a scientist with the capabilities that you're aware of in Dr. Rieders' lab conduct the test outlined to you by counsel for a quantification of blood in any given sample?

59 MR. BLASIER:

Same objection.

60 THE COURT:

Overruled.

61 MR. MARTZ:

Yes.

62 MS. CLARK:

Now, if what you want to know is whether or not any EDTA that may be detected in a stain comes from preserved tube, a preservative EDTA tube or comes from natural blood that has low levels of EDTA, would it be important to quantify with precision the amount of EDTA that you would find?

63 MR. MARTZ:

Not in this particular case. The studies that I did and the studies that were done at Quantico demonstrated very easily that you could determine between preserved blood and nonpreserved blood. We're talking a factor of 100 to a thousand times as much EDTA in preserved blood. And as I mentioned, we don't even know what the amount of EDTA is in human blood. And as I mentioned also, we don't even know whether in fact EDTA was found in these particular samples. The only thing I know for sure is, EDTA was present in the control blood samples that I made from the K67 and K68 blood samples.

64 MS. CLARK:

Now, you were asked if you had determined whether or not the red top tube has some EDTA in it just by the virtue of the way it's manufactured. Do you recall that question?

65 MR. MARTZ:

Yes, I do.

66 MS. CLARK:

Would you be capable of testing the tube to determine that?

67 MR. MARTZ:

Yes, I would.

68 MS. CLARK:

Would Dr. Rieders be capable of testing the tube to determine that?

69 MR. MARTZ:

Yes, he would.

70 MS. CLARK:

With respect to--you were questioned about destroying data, the digital data. First of all, what is counsel referring to with respect to the digital data?

71 MR. MARTZ:

Well, in the mass spectrometer, it's a very complex instrument and you're acquiring a lot of data. For all the points that you want, you're acquiring a lot of data that is really not relevant and it takes up a lot of computer space. What you're doing is waiting for the peak to come out, but you're acquiring the data the whole time. So each time you perform a scan on the instrument, you're saving that data. Each one and a half seconds, I'm storing a lot of data on the computer. I'm recording all the masses that I'm looking for and putting it on the computer so then I can retrieve after the run is over and look to determine whether something is present or not, and then I will print out that data that is relevant to the case.

72 MS. CLARK:

And when you print out the data that's relevant to the case, are you referring to the graphs that have been--some of which have been shown?

73 MR. MARTZ:

Yes.

74 MS. CLARK:

What does the digital data do in terms of helping you to interpret that graph?

75 MR. MARTZ:

Well, the digital data allows me to select the appropriate scan or mass spectrum to print out. The printout is what I interpret, which comes from the digital data. But I make my interpretation based upon the chart that is printed out.

76 MS. CLARK:

Now, if what someone wants is the digital data that backs up the graphs that you have generated, could you go back and test the evidence again and preserve that digital data?

77 MR. MARTZ:

Yes, you could.

78 MS. CLARK:

Has anyone asked you to do that?

79 MR. MARTZ:

No, they have not.

80 MS. CLARK:

When Mr. Blasier visited you in Washington D.C., did he ask you to do that?

81 MR. MARTZ:

No, he did not.

82 MS. CLARK:

And the graphs that you've presented here in court, are those an accurate depiction of the results of the testing that you performed?

83 MR. MARTZ:

Yes, they are.

84 MS. CLARK:

So the digital data simply tells you where to print out a graphs?

85 MR. MARTZ:

Well, it has all the data that's been stored. Only some of that is relevant. I will go through, take out the relevant data, print it out and put that with the case.

86 MS. CLARK:

Okay. And so what that--the relevant data being the graphs that we've seen here in court?

87 MR. MARTZ:

That's correct.

88 MS. CLARK:

All right. You're aware of Dr. Rieders' capability, sir. Could he test the blood of Nicole brown Simpson that is currently in evidence for EDTA?

89 MR. MARTZ:

I believe that he could.

90 MS. CLARK:

To your knowledge, has he done so?

91 MR. MARTZ:

To my knowledge, he has not.

92 MS. CLARK:

In fact, as far as you know and as far as you are aware, sir, Dr. Rieders has done nothing more than take your test results and give his own interpretation to them. Is that your understanding?

KEY QUOTE
93 MR. MARTZ:

That's my understanding.

KEY QUOTE
94 MS. CLARK:

And he has performed no independent tests on any of the evidence in this case?

95 MR. MARTZ:

That's my understanding.

KEY QUOTE
96 MS. CLARK:

Sir, you were asked whether or not you had taken bloodstains recovered from metal and aged them for three weeks to determine whether or not you could still detect EDTA in them. Do you recall that question?

97 MR. MARTZ:

Yes I do.

98 MS. CLARK:

If the hypothesis given to you is that there is an allegation that evidence has been planted at or near the time of collection and not aged for three weeks, would it be--would it have any relevance to age that bloodstain for three weeks before testing it for EDTA?

99 MR. MARTZ:

No. I mean, if you're going to try to duplicate exactly what happened, you would want to do it the same time period. As I mentioned earlier, I don't believe that either of those would be necessary in the case of EDTA. It is such a stable chemical.

100 MS. CLARK:

And could you explain what you mean by that?

101 MR. MARTZ:

Well, EDTA is used as a preservative. It's used because it is a very stable chemical and it also helps to stabilize other chemicals. Its melting point or decomposes at about 300 degrees centigrade. That's a very hot temperature. I've seen no studies at all that EDTA will break down when it's in the dry form, and based on the studies that I've done on the blood, I can very easily identify EDTA in preserved blood that is several years old.

102 MS. CLARK:

And how were you able to prove that, sir?

103 MR. MARTZ:

Well, I took the bloodstains that we had in the laboratory that were on swatches since 1993 and I analyzed those, and I got similar results as I get from preserved blood that's preserved today or weeks ago.

104 MS. CLARK:

You were talking about a validation study, sir. First of all, let me ask you this. The procedures and methods that you employ to detect--determine whether or not you could detect and then identify EDTA in any of the samples in this case, was that any new method that you never used before?

105 MR. MARTZ:

No. I'm basically using the mass spectrometer which I've used in the laboratory since 1975. That's--my opinion is based on the mass spectrum of the chemicals.

106 MS. CLARK:

In the course of your work for the FBI, sir, over the past 20 years, how common is it for you to be asked to look for a certain chemical in A--in either blood or urine?

107 MR. MARTZ:

It's very common.

108 MS. CLARK:

And so your being requested to ask to look for EDTA in this case, was that an unusual request in terms of being asked to look for a chemical in either blood or urine?

Temperature

tense

Key Quotes (5)

Roger Martz
It had absolutely nothing at all what to do with the amount that would be expected in a person or could be toxic to a person. It was completely out of context and it was wrong.
Martz dismantles Dr. Rieders' use of an EPA environmental study to establish baseline EDTA levels in humans, calling it flatly wrong — a direct credibility blow to the defense's star EDTA expert.
Marcia Clark
In fact, as far as you know and as far as you are aware, sir, Dr. Rieders has done nothing more than take your test results and give his own interpretation to them. Is that your understanding?
Frames Rieders as a pure reinterpreter rather than an independent scientist, undermining his authority as an expert witness.
Roger Martz
That's my understanding.
Martz confirms Rieders performed no independent tests on any evidence — a damaging concession extracted on redirect that the defense cannot easily rebut.
Roger Martz
Its melting point or decomposes at about 300 degrees centigrade. That's a very hot temperature. I've seen no studies at all that EDTA will break down when it's in the dry form.
Directly rebuts defense suggestions that environmental conditions (rust, fertilizer, light, temperature) could have degraded EDTA in the bloodstain evidence, undermining the alternative-explanation theory.
Lance A. Ito
Never sleeps.
Judge Ito's dry wit — completing the Neil Young reference after Clark said 'Rust' — a rare light moment from the bench.

Evidence (6)

Informal
Graphs generated from mass spectrometer testing of bloodstain samples for EDTA
discussed and defended as accurate representations of test results
Informal
K67 and K68 blood reference samples (OJ Simpson's blood from preservative tube)
discussed — only samples confirmed by Martz to definitively contain EDTA
Informal
Bloodstains on socks
discussed in context of EDTA degradation hypotheticals
Informal
EPA study on EDTA environmental tolerances
challenged — Martz argues it was misapplied by Rieders; the 'one part per billion' figure was a typographical/resolution error for 1,000 parts per million, and the study concerned blood preservation, not human baseline levels
Informal
1993 laboratory bloodstain swatches used as validation samples
discussed — Martz tested them to demonstrate EDTA remains detectable in aged preserved blood
Informal
Blood of Nicole Brown Simpson (evidence)
discussed — Martz confirms Rieders could have tested it independently but did not

Notable Exchanges (3)

Marcia ClarkRoger Martz
Clark runs through a systematic checklist — rust degradation, fertilizer exposure, high-intensity light, temperature changes — eliciting from Martz that Rieders could have run each experiment but did not. The repetitive structure is clearly designed to hammer the jury with Rieders' inaction.
strategic
Marcia ClarkRoger Martz
Clark walks Martz through the EPA study error: Martz called EPA directly after receiving the study Sunday night and learned the 'one part per billion' figure was a printing/resolution error for 1,000 parts per million, and the study was about blood preservation protocols, not human physiology.
revealing
Marcia ClarkRoger Martz
Clark addresses the 'destroyed digital data' allegation — Martz explains the mass spectrometer generates continuous raw scan data every 1.5 seconds, only some of which is relevant; the printed graphs are the scientifically interpreted output and are what he relies on.
procedural

Light Moments (1)

Lance A. Ito
After Clark said 'Rust,' Judge Ito completed the phrase: 'Never sleeps' — a reference to the Neil Young album, drawing a rare moment of levity.

Credibility Attacks (2)

⚔ Dr. Fredric Rieders
establishing failure to conduct independent testing
Clark systematically establishes through Martz that Rieders performed no independent experiments on any evidence — he merely reinterpreted Martz's existing test results. Rieders also never contacted Martz to say he lacked the data needed to form opinions.
⚔ Dr. Fredric Rieders
exposing methodological error / misuse of scientific source
Martz testifies that Rieders misapplied an EPA environmental study on EDTA toxicity in fish to claim human baseline EDTA levels are in parts per billion. Martz called EPA directly and confirmed the figure was a printing error — it should be 1,000 parts per million — and the study concerned blood preservation, not human physiology.

Objections

2 objections (1 sustained, 1 overruled)
Proceeding 7026 • 108 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 JUL 25, 1995 📄 Cross-examination of Roger Mar
JUL 25, 1995 KRT DvH TD