Agent Martz, you were asked some questions yesterday by Miss Clark regarding why you don't belong to any professional societies that specialize in mass spectrometry other than the one that you mentioned. Do you remember that?
And I believe your answer or your response to Miss Clark's suggestion was that you can keep up with current trends by talking to your peers; is that right?
Well, I think I can do it in more ways than that. I have twenty people that work for me and some of them are very highly educated. I have four Ph.D.s presently working for me. They are out attending a lot of meetings, presenting papers. We have a staff at Quantico, a lot of Ph.D.s that do a lot of research and we keep in contact with them. We are constantly bringing people into the FBI academy for training. The FBI is constantly sending people outside to give speeches, lectures, talks, papers. Some of the organizations that were mentioned that I don't belong to, I have attended some of their meetings. I have co-authored papers that were presented at those meetings. So with the staff that I have, it is very easy to keep up because we have 20 people that are very aggressively do forensic science.
Agent Martz, does the FBI prohibit you from joining professional organizations in your specialty?
I am a member of one, and like I said, a lot of the people in the unit are members of other ones, yes.
The papers that you say you published, is that the four you mentioned yesterday over 17 years?
Well, there is four there and then I have two papers that are being published right now.
Now, does the FBI require that you obtain an undergraduate degree in chemistry or toxicology to become a chemist and toxicologist?
To work in the chemistry unit you have to have a certain number of chemistry hours that are required. I met that specification. I had extensive training in chemistry in college.
Is that answer to that no. That the FBI doesn't require that you have a degree in it?
Now, yesterday I asked you some questions about your--the blood test that you ran on your blood. Do you remember that?
And I made some suggestions about the possibility that maybe the EDTA or the EDTA like substance that appears in your blood may have come from the tube itself. Do you remember that?
When you got the stain from the back gate you never inquired at all what conditions under which that stain might have been subjected to either before it was collected or after, correct?
I think the only question that I had is whether or not DNA was identified, because in my opinion if DNA was present, the EDTA would still be present.
So you asked no questions at all about the conditions under which that stain got there and may have been subjected to prior to collection?
So you didn't consider the question as to whether the effect of the environment might have any effect at all, did you?
In my opinion EDTA is a very stable chemical and when dried in a bloodstain the environment would not affect it.
No. As I mentioned, EDTA is a very stable chemical and in dried conditions in my opinion it will not break down in that short a time.
Is there any study that you are aware of with dried bloodstains and whether or not the EDTA degrades with weathering?
No, but I contacted the manufacturer that makes the preserved blood tubes of EDTA and the shelf life of the tubes when it is in solution is 18 to 24 months about.
Are you aware of any study that anyone has ever done on bloodstains, dried bloodstains, that have been subjected to environmental influences in terms of whether or not that diminishes the amount of EDTA that you can recover?
Do you know of any scientific literature that is relevant at all to that question?
Probably the most relevant is the testing that I have done myself on some old bloodstains from 1993 and one from 1991.
Did the Prosecution tell you in this case that you are supposed to write a report when you do testing?
In the laboratory when a case is submitted we will perform or supply a report. When we do research we generally don't supply a report.
Were you instructed that if you did testing related to a case that you are supposed to write it up as a report?
Is it your practice then, when do you a test on something, even though it is related to a case, you don't feel the necessity even to take notes?
It would--it would depend on the circumstances. If it is something that I can remember readily, no, I wouldn't.
So that the criterion you use is whether you can remember it down the road as to whether you write anything down?
Agent Martz, do you think it would make any difference on your ability to recover EDTA from the stain from the back gate if was placed in a wet condition in a plastic bag?
I don't believe that it is. I believe EDTA is stable, even in those conditions in that short a time period.
So these assumptions that you are making that nothing is going to happen on the EDTA on the sock or the back gate would be the conditions under which they were put there, collected, stored, handled, since EDTA is stable, that ends the inquiry as far as you are concerned? You don't need to do any specific testing on that question at all?
Well, I did test the blood which is this solution, the known blood sample. That is the best control in the world. EDTA is more stable, in my opinion, as a stain than it is in solution and it survived in the blood sample, the known sample that I tested.
I'm sorry. Did you ever make any inquiry with respect to the sock as to how many times it had been handled by various experts, criminalists, et cetera?
Did you make any inquiry whatsoever to determine what kind of light, ultraviolet, infrared, regular light it had been subjected to before you got it?
Do you do any studies to back up the notion that or your opinion that light, different kind of light sources is not going to have any effect on EDTA?
There is studies that show that it passes through the body unchanged and that is a severe hostile environment.
Let me ask you this--withdraw. Are you saying that because it passes through the body that that is enough for you to conclude that different kind of light on it is not going to have any effect on it?
You said that by your own experiment you determined that. What experiment did you do to test the effects of different kind of light on dried bloodstains with EDTA in them?
You were aware, were you not, that the sock had gone through infrared light or did you know that?
Agent Martz, did do you any experiments to determine whether you could as efficiently remove EDTA blood from metal as you could from a swatch?
Umm, the only testings that were done, per say, was the gate which was--that wouldn't count, but the can, I used one metal surface. That was the only one that I had done.
And that was a control swatch that presumably had been taken from the gate nearby, not part of the bloodstain? That is what your understanding was?
Well, I had prepared my own control swab because that one wasn't large enough. I had mentioned that yesterday, I believe.
So your control that you used for the gate, you didn't even use the swatch that they sent you, that was their control swatch?
So you used a swatch that--and you don't know whether it was the same kind of material, the same thickness, do you?
So you only ran--two times you ran that control that you just told us about that you made on your material and the can to see how much--what your ion count would be, how much EDTA you got out, correct?
Agent Martz, that is 1271-A on the screen. Could you take a look at that. Let me ask you this: Does that represent charts 4085, the control that you just talked about where you used your own fabric?
Isn't it accurate that one explanation--one possible explanation for that is that you can't remove EDTA as efficiently from metal as you can from cloth?
No. I will let you give that one next. Is that one reasonable explanation that I gave you?
It is the variation over the day and as I mention, when I do a control--whenever I perform this experiment we are cutting a piece of a fabric. Okay. I don't know--or on that day the size that I cut, the control is going to be the same size as the known, or the Q and the known are going to be the same. On a different day I may cut something a little larger or a little smaller. I didn't have a particular instrument or a scale to weigh the exact size that I took, so what I took was relative sizes, and the size the one day could have been larger than the size the other day, plus the instrumental conditions. Those would be my explanation as to the difference in the ion count.
Agent Martz, did you write down in your work papers that you used different sizes in different tests?
Why didn't you write that down? If you changed the conditions from one test to the next why didn't you write that down?
As I mentioned, I didn't check the conditions. I compare the K to the Q and that is what was relevant here, to determine whether or not the stains came from preserved or not preserved blood, so I prepared those the same each day.
You wrote down, when you did your first test on February 22nd, the sizes of the sample that you used, the size of the swatches and you wrote down that information, didn't you?
But you didn't write anything down for February 28th showing that you had changed the conditions using different sizes?
Well, I mean, it is--it would be impossible for me to cut the exact same size stain. I didn't see any reason to write that down.
Does that fall in the category of something that you remembered you changed it so you didn't need to write it down?
Well, I think it is obvious that I can't cut the exact same size of stain and I mentioned that earlier and that is why I always cut a larger amount of the questioned stain than I did the known. Now, when I'm cutting them right in front of me at same time, I can see that. Now, five days later, ten days later when I'm cutting, I don't have those in front of me any more. I am approximating the size that I am cutting.
So you might have actually cut a bigger swatch when you did the can experiment on the 28th than you had for the positive control on the 22nd?
So you are using your results to bootstrap and find--and say that you must have used a smaller sample because of the results?
KEY QUOTEIt couldn't be the result you got, not being able to remove EDTA from metal as efficiently as you can from the swatch?
Now, Agent Martz on the 28th you tested the gate, the evidence, the bloodstain evidence from the gate, did you not?
And this is the same positive control, this is your--your can experiment, correct?
Now, you didn't make a chart that showed those experiments on the 28th for the Prosecution, did you?
Now, Agent Martz, would you agree that all of these charts that you made for the Prosecution have as their basis an underlying assumption that you are using the same amount of blood from the evidence as you are using in the control?
Well, I tried to approximate it, but you got to remember here that I'm taking blood off of a surface and I don't specifically remember how much I took off.
Wouldn't it be very misleading to put two figures on a chart when they are based on different starting amounts?
Well, as I mentioned earlier, when I cut a stain it is very easy, I can see it, but when I took a stain off of a can I removed it with a cotton swatch.
Wouldn't it be very misleading to put together a chart when you are starting--when you have different starting amounts for the components of that chart?
Now, you've testified that your ion counts can fluctuate by as much as four times because of the machinery, correct?
And I want you to assume hypothetically for just a moment that--well, let me ask you this: What is your assumption in terms of how much blood you used for the evidence sample on February 28th for the gate?
Umm, it was--it was larger than the minimum amount that I required, which is the one millimeter squared.
And you had determined that the minimum size swatch that you needed to use to get a detectable amount was one square millimeter?
Well, that was based on negative ions. For a positive ion I would need one/tenth of that, so it would be a very shall very small.
Well, you calculated what size swatch you needed for these tests to have a minimum detectable amount of EDTA blood, did you not?
Based on the fact that the positive ion is ten times stronger or has ten times the ability to detect it, then I would need one/tenth the size stain.
I want you to assume, for purposes of a hypothetical, that your estimate of the quantity of the blood that you use from the bloodstain was only one/fourth of what you thought it was. Do you have that in mind?
And obviously if you used much less blood you would expect a lower ion count, wouldn't you?
Yes. I mean, if I can remember what I did, I won't write it down.
No, I did not.
That doesn't look like a thousand-fold difference, does it?
So you are using your results to bootstrap and find--and say that you must have used a smaller sample because of the results?
I didn't do any specifically.