📄 Cross-examination of Douglas Deedrick (part 4) — Wednesday, July 5, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\5\CROSS-EXAMINATION-OF-DOUGLAS-D.DOC
TRIAL
▲ Day 108 of 167

Cross-examination of Douglas Deedrick (part 4)

Witness: Douglas Deedrick
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Wednesday, July 5, 1995 • Utterances: 302
F. Lee Bailey cross-examines FBI hair and fiber expert Douglas Deedrick, pursuing two main lines of attack: (1) the fundamental unreliability of Deedrick's note-taking methodology, establishing that he cannot reconstruct what specific characteristics led him to any particular comparison conclusion, and (2) systematic gaps in his investigation, including failure to obtain clothing samples from police officers and others at the scene, and failure to examine a second knit cap discovered at the Bundy residence that a detective allegedly refused to book.
1 MR. BAILEY:

Mr. Deedrick, turning to the photographs that you did bring with you, these were taken through the lens of a very powerful microscope from 250 to 400 times magnification; is that correct?

2 MR. DEEDRICK:

Right. That's right.

3 MR. BAILEY:

Now, what is the depth of field of that lens? Is it almost zero?

4 MR. DEEDRICK:

It's pretty flat.

5 MR. BAILEY:

Okay. When we use depth in field in photography, we mean, for instance, a lens that could be focused on the gentleman seated to my right and on you and the court reporter all at the same time, correct?

6 MR. DEEDRICK:

Right. Depth of field means that you could see more in foc--it would be more in focus, right, depending on how far away it is from you.

7 MR. BAILEY:

But the microscope that was hooked to a camera to produce these pictures almost slices through the various parts of the hair as you rack it up and down, correct?

8 MR. DEEDRICK:

That's right. It's very flat, plain.

9 MR. BAILEY:

So that by turning the knob that controls the distance to the focal point--

10 MR. DEEDRICK:

Right.

11 MR. BAILEY:

--in the lens, you can look at the very bottom of the hair, the midsection or the very top?

12 MR. DEEDRICK:

That's right.

13 MR. BAILEY:

You may see different things at each level, correct?

14 MR. DEEDRICK:

You may. That's correct.

15 MR. BAILEY:

Not only that, but along the length of the hair, you may see some differences, true?

16 MR. DEEDRICK:

Sure.

17 MR. BAILEY:

As a matter of fact, people who let their hair grow long tend to have different characteristics towards the distal end or tip than at the proximal end or root because the hair is aging as it grows, correct?

18 MR. DEEDRICK:

Right. And it's also being exposed to different things.

19 MR. BAILEY:

Exposed to the environment, chemicals?

20 MR. DEEDRICK:

Right.

21 MR. BAILEY:

All kinds of things?

22 MR. DEEDRICK:

That's right.

23 MR. BAILEY:

All right. And I believe that you testified on direct examination that the average hair grows about--on an adult grows about a half an inch a month?

24 MR. DEEDRICK:

Right. That's correct.

25 MR. BAILEY:

All right. So that if you were dealing with hair samples no longer than an inch, in other words, that are trimmed periodically so that they don't grow beyond an inch, you're dealing with hair which is probably no more than two months old, correct?

26 MR. DEEDRICK:

That's--that's probably about right, yes.

27 MR. BAILEY:

And was that not true of all the K7 samples that you looked at generally?

28 MR. DEEDRICK:

They were less than 2 inches I believe.

29 MR. BAILEY:

Did you find many that were more than an inch? These are known hairs from Mr. Simpson.

30 MR. DEEDRICK:

1-5/8 probably was closer to the longest hair. And--right. There were other hairs shorter than an inch.

31 MR. BAILEY:

Now, when you made these photographs, you selected the place on the hair where you would take a half a millimeter and photograph it, correct?

32 MR. DEEDRICK:

Right. It's--it's--it's a selection made by me.

33 MR. BAILEY:

And you would select the depth of the hair from top to bottom where the camera was focused or where the lens was focused when you snapped the shutter, right?

34 MR. DEEDRICK:

Right. I think most of the photographs though, what I try to do is get the cuticle sharp on both sides. In order to do that, it's somewhere in the middle.

35 MR. BAILEY:

Okay. You aim for the middle?

36 MR. DEEDRICK:

Well, you try. And by getting in the middle, it depends on how the hair is laying. You try to get the cuticle sharp on both sides. And if it's an evenly round hair, that's pretty easy to do. If it's a more flattened hair, you may have one side in focus and the other one out of focus.

37 MR. BAILEY:

Okay. But ideally on a symmetrical hair, if you get at the midsection, you should get a sharp cuticle and it would be fuzzy if you were not at the midsection; is that correct?

38 MR. DEEDRICK:

Right. You may not--you may not get a sharp edge on the cuticle.

39 MR. BAILEY:

Okay. And you made each selection that appears on the relevant hairs as opposed to the atlas hairs in this case, correct?

40 MR. DEEDRICK:

Right. All of these photographs were just selected by me.

41 MR. BAILEY:

How many hairs do you normally need to pull from a human head for comparison purposes in order to account for variances within the range of that individual?

42 MR. DEEDRICK:

That--that may vary a little bit, not knowing what the range of characteristics might be within a person's head. I've--I've heard of upwards of a hundred hairs from an individual taken at random from different parts. From that 125 or 30 hairs may be selected as a range of characteristics. We recommend to police officers and to crime labs that at least 25 full-length randomly selected hairs and including combings be selected. That may not be enough or it may be more than enough.

43 MR. BAILEY:

Okay. But with respect to the different parts of the head, what different places at a minimum do you like to see hairs drawn from to cover the range?

44 MR. DEEDRICK:

Again, that may vary a little bit too. If the color of the hair is pretty uniform, then hair should be selected from the back and from the sides, from the top and from the front. You'll get differences in length and perhaps texture and so forth. And the way the hairs are cut is a good example. If the person has patches of color, then one might be sure to get samples from that area of the hair. I used to have a black spot. So you would take hairs from that as representative of possibly hairs that may come from that. It may not be within your four areas that you normally pick from, but you try to take them from four or five different areas.

45 MR. BAILEY:

All right. Well, if you were dealing with an example like yourself where there was quite a range in color, you would want to get from separate areas of the head and also a sample of each kind of color; would you not?

46 MR. DEEDRICK:

Right. You would try to do that to represent the range.

47 MR. BAILEY:

Can you place a hair in the comparison microscope for study purposes without mounting it?

48 MR. DEEDRICK:

Well, you can.

49 MR. BAILEY:

Do you?

50 MR. DEEDRICK:

No. No. It's not recommended.

51 MR. BAILEY:

Excuse me. None of the hairs that you have talked about in this case for comparison purposes were viewed prior to your mounting them or having Miss Brockbank do it, right?

52 MR. DEEDRICK:

That's correct. They would have been mounted on a slide.

53 MR. BAILEY:

And any judgments that you made were as to mounted hairs?

54 MR. DEEDRICK:

Right.

55 MR. BAILEY:

To eliminate an individual from questioned hair samples, do you need to look at hairs from the various parts of the head in order to make a reliable judgment?

56 MR. DEEDRICK:

That would be preferred.

57 MR. BAILEY:

Okay. Is it not a fact that with respect to the police officers and other law enforcement personnel that appear on the elimination board, only two hairs were mounted in each case?

58 MR. DEEDRICK:

I don't--I don't believe that to be the case.

59 MR. BAILEY:

Do you remember how many you did mount of each example? Except for Miss Brockbank, I believe there were three.

60 MR. DEEDRICK:

I don't--I don't believe that's the case, but I'd have to see--see the slides.

61 MR. BAILEY:

Well, tell us the right number.

62 MR. DEEDRICK:

I don't recall exactly how many were mounted.

63 MR. BAILEY:

Could you eliminate someone with merely two hairs?

64 MR. DEEDRICK:

I would try not to.

65 MS. CLARK:

Objection. Misstates the testimony. Two slides, not two hairs.

66 MR. BAILEY:

Did you mount hairs from the elimination suspects on two slides?

67 MR. DEEDRICK:

Right. I felt--and again, my recollection is that each sample was a suitable sample in number, right.

68 MR. BAILEY:

Okay.

69 MR. DEEDRICK:

Some were two slides. Some were three. Brockbank's were longer, so there were three slides.

70 MR. BAILEY:

Well, most importantly, I take it you are confident that the unidentified Caucasian hair found on the Rockingham glove didn't come from any of the people whose samples you looked at?

71 MR. DEEDRICK:

Yeah. I wasn't satisfied with any of their hairs as a possible donor.

72 MR. BAILEY:

Okay. And you have no idea who did deposit that hair, correct?

73 MR. DEEDRICK:

No, I don't.

74 MR. BAILEY:

All right. You did eliminate both victims you told us on direct examination?

75 MR. DEEDRICK:

Right. I did eliminate those and they're in the--it's in the report that way.

76 MR. BAILEY:

Now, Mr. Deedrick, can you give us a little information about the manner in which you work with agencies other than your own? I know in the FBI pretty much what your routine is. But you work with many, many other law enforcement agencies as you've told us, correct?

77 MR. DEEDRICK:

Right. From all around the country.

78 MR. BAILEY:

Uh-huh. And you work with different levels of expertise and sophistication as to their facilities, equipment and personnel?

79 MR. DEEDRICK:

Right.

80 MR. BAILEY:

Right? And is it fair to assume that those facilities that have their own laboratories, reasonably elaborate laboratories, consult the FBI generally in the more difficult cases rather than the ones that are pretty obvious?

81 MS. CLARK:

Objection. That calls for speculation.

82 THE COURT:

Overruled.

83 MR. DEEDRICK:

Well, there's a lot of reasons why some crime labs may request our assistance. It may be political reasons. It may be that they're overburdened and they can't handle a case of that type. They may feel it's a little more complex than what they're used to doing. So there could be a number of reasons why they select us or ask us to help them.

84 MR. BAILEY:

Well, is this a case for political reasons do you know?

85 MR. DEEDRICK:

I think politics plays a part in a lot of things.

86 MR. BAILEY:

Okay. Do you think that the Los Angeles Police Department was a little weary of this case and decided to put it in your lap?

87 MS. CLARK:

Objection. Argumentative, calls for speculation.

88 MR. DEEDRICK:

I don't know.

89 THE COURT:

Sustained.

90 MR. BAILEY:

In any event, when you are called in on a case, to what degree do you exercise some influence over the investigation so that you can make sure that you get the information you need and don't get surprised by information you didn't get?

91 MR. DEEDRICK:

Well, from the analysis of evidence in a case--and you're referring to this particular case or any case?

92 MR. BAILEY:

Well, I'm interested in your practices and then if they were conformed in this case, fine, and if you took extraordinary steps, I would like to know that too.

93 MR. DEEDRICK:

Okay. In a case where evidence is being examined, I may decide that I would like to get additional known standards. I may call out to the contributor. They may--they may have to go collect additional samples from the suspects or from the victims, if they're still available, or perhaps elimination standards from police officers or the crime scene personnel. I may request carpet standards, fiber standards to resolve certain information that I'm getting from looking at slides. I may find something that I feel might be useful in trying to link unusual fibers or unusual structures that I'm seeing. I like to get involved in the case at least from my standpoint with a local investigator to see if I can help out in any way.

94 MR. BAILEY:

Do you require that they at least offer you samples of everything that they have collected that might relate to your studies?

95 MR. DEEDRICK:

Well, some of the decisions they make--they make. Sometimes they decide not to send some samples for some reason and sometimes they send it all. It really depends on the case and who they are.

96 MR. BAILEY:

Do you ever direct or request that they go obtain additional information so that you can complete your responsibility?

97 MR. DEEDRICK:

I do.

98 MR. BAILEY:

Did you do that in this case?

99 MR. DEEDRICK:

I did.

100 MR. BAILEY:

Can you tell the jury what it was that you asked for that was not initially submitted to you apart from the Bronco carpet I think you've testified to?

101 MR. DEEDRICK:

Yeah. Well, I--I found a number of--

102 MS. CLARK:

Objection. We'd better approach on this one.

103 THE COURT:

What else he asked for?

104 MR. BAILEY:

Well, if she says approach--

105 MS. CLARK:

I think Mr. Bailey would like to know--

106 THE COURT:

Well--

107 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)
108 (A conference was held at the bench, not reported.)
109 THE COURT:

All right. Thank you, counsel. Mr. Bailey.

110 MR. BAILEY:

Did you ask whether or not you could see any samples of clothing belonging to Mr. Simpson that might relate to some of the fibers that you were looking at?

111 MR. DEEDRICK:

I did--I did request samples of fabric, yes.

112 MR. BAILEY:

All right. Did you ever receive any samples of fabric?

113 MR. DEEDRICK:

Yes.

114 MR. BAILEY:

Now, did you similarly request samples of fabric from others who were present in the vicinity of the places where these fibers, for instance, the blue black fibers were found?

115 MR. DEEDRICK:

I did--I did request a number of different possible sources of fiber, yes.

116 MR. BAILEY:

Okay. Can you give us an example of the kinds of requests you made for sources of fibers from people other than Mr. Simpson?

117 MR. DEEDRICK:

Well, I had a number of fibers that were recovered on--in specific items, the gloves, the hat had a lot--a lot of fibers off the knit hat and those were the main items. The fibers off of the victims, I--I had--well, I had a few, but the key items I believe were the two gloves as well as the knit hat. And I made several requests regarding possible clothing. I gave a list of fibers and by color and by type and to see if these would be of value from an investigative standpoint.

118 MR. BAILEY:

Did you receive any example, for instance, of an LAPD uniform?

119 MR. DEEDRICK:

No, I didn't.

120 MR. BAILEY:

Do you know what color they are?

121 MR. DEEDRICK:

No.

122 MR. BAILEY:

Do you know how many uniformed officers were in and about the scene prior to the time that the victims were removed?

123 MR. DEEDRICK:

No.

124 MR. BAILEY:

Okay. Are you concerned when you were attempting to make comparisons with possible sources of the fibers you're looking at?

125 MR. DEEDRICK:

I thought you were going on with that. I was waiting for the punch line.

126 MR. BAILEY:

No punch.

127 MR. DEEDRICK:

Oh.

128 MR. BAILEY:

No. Are you concerned about sources?

129 MR. DEEDRICK:

Yeah. It's a concern, sure, as you're trying to determine the origin of a particular fiber as to where it may have come from.

130 MR. BAILEY:

If you thought a fiber looked significant and found that a day earlier, someone had thrown a hundred of them in the area, that would have a bearing on any inferences you might draw, correct?

131 MR. DEEDRICK:

Well, it has a bearing on what value you place on it, sure.

132 MR. BAILEY:

Okay. Now, are you aware of the circumstances that existed as between the two locations involved here, that is Rockingham and Bundy and the people who were common to both?

133 MR. DEEDRICK:

I have some general understanding of that. I know there's some detectives that were at both locations.

134 MR. BAILEY:

Okay. But I'm talking prior to the crime.

135 MR. DEEDRICK:

Oh, no.

136 MR. BAILEY:

Do you know whether or not Mr. Simpson regularly visited the Bundy location?

137 MR. DEEDRICK:

I--I assumed that was a logical, logical thing.

138 MR. BAILEY:

Do you know whether or not Mrs. Simpson visited the Rockingham location?

139 MR. DEEDRICK:

Again, I assumed that that was logical.

140 MR. BAILEY:

Did you know that the children were back and forth a good deal?

141 MR. DEEDRICK:

Yes. I figured that also.

142 MR. BAILEY:

Uh-huh. Did you know that the vehicle, the Bronco, was used by both?

143 MR. DEEDRICK:

I wasn't sure of that.

144 MR. BAILEY:

Okay.

145 MS. CLARK:

Objection. That assumes facts not in evidence. Motion to strike. Ask the jury to be admonish.

146 THE COURT:

Overruled.

147 MR. BAILEY:

Did you know that the dogs would go back and forth between the locations?

148 MR. DEEDRICK:

I figured that was a possibility, sure.

149 MR. BAILEY:

Okay. And in matters of primary, secondary, tertiary and whatever transfer, the movement of people back and forth between relevant locations is always a possible source for hairs, fibers and other things, correct?

150 MR. DEEDRICK:

Well, you can--you can eliminate that possibility, right.

151 MR. BAILEY:

Exactly. Now, do you know the condition of the soil in the vicinity of the place where Ronald Goldman's body was discovered prior to its being placed there by someone in the course of the killing?

152 MR. DEEDRICK:

The soil?

153 MR. BAILEY:

Yeah.

154 MR. DEEDRICK:

No.

155 MR. BAILEY:

Did you know that the LAPD collected a sample of that soil?

156 MR. DEEDRICK:

No, I didn't know that.

157 MR. BAILEY:

Was it ever submitted to you for examination?

158 MR. DEEDRICK:

No.

159 MR. BAILEY:

Do you know whether or not it was loaded with hairs, both animal and human?

160 MR. DEEDRICK:

No. I wouldn't know what was in it.

161 MR. BAILEY:

Okay. Would it be important for you to know in what parts of a property or a home people spent time or animals spent time in trying to assess the significance of hairs and fibers?

162 MR. DEEDRICK:

That--that may be--again, it's a point that the listeners to the results would have--it would have more meaning to them. It would have less significance if you found something that you'd expected to find a lot of stuff there.

163 MR. BAILEY:

What I'm trying to learn is whether or not in this case you made all of those inquiries.

164 MR. DEEDRICK:

I don't know if I made all of the inquiries, but these are obvious questions that came to mind at some point.

165 MR. BAILEY:

All right. Now, you know that a number of police officers were at both locations sometime after midnight on the 13th of June, 1994?

166 MR. DEEDRICK:

Right. I'm aware of that.

167 MR. BAILEY:

And that some went back and forth like the detective, Bundy, Rockingham, back to Bundy and so forth?

168 MR. DEEDRICK:

Right.

169 MR. BAILEY:

Okay. Did you collect any samples of any of the fabrics as to what they were wearing that day while they were performing their duties?

170 MR. DEEDRICK:

No.

171 MR. BAILEY:

How about the medical personnel who were on the scene, Mr. Fung, Miss Ratcliffe and others from the Coroner's office?

172 MR. DEEDRICK:

Nothing was submitted.

173 MR. BAILEY:

All right. Well, did you ask, as you did with hairs--I assume that was your request that brought forth the elimination hairs; was it not?

174 MR. DEEDRICK:

Right. Along with the fiber request.

175 MR. BAILEY:

Right.

176 MR. DEEDRICK:

I'm sorry.

177 MR. BAILEY:

Did you ask that the people who were wearing clothes that day, as we assumed all of them were, identify at least the color and fabric that they were wearing?

178 MR. DEEDRICK:

That went hand in hand with the hair request--

179 MR. BAILEY:

Okay.

180 MR. DEEDRICK:

--that it would be--it would be good to get elimination standards of clothing of personnel if there was a question about that.

181 MR. BAILEY:

All right. And how many people was it reported to you were wearing a blue black fiber constructed garment that day?

182 MS. CLARK:

Objection. Incomplete hypothetical.

183 THE COURT:

Overruled.

184 MR. DEEDRICK:

Nobody explained anything to me about what they were wearing.

185 MR. BAILEY:

Well, what did you do with the information you received? You say you asked to know what everybody was wearing that day who was on the scene, and I assume you got a response?

186 MR. DEEDRICK:

I don't believe I asked them what everybody was wearing. I indicated that it might be useful information to know if we have certain fiber types if there's a question about their possibly originating from a police officer or detective or whoever else might have been there, and that request went out.

187 MR. BAILEY:

And what response did you receive?

188 MR. DEEDRICK:

Well, I got elimination hair standards at a later date.

189 MR. BAILEY:

I understand that. And you've talked about that. I'm asking you, what response did you receive to the question who was wearing what who was at the crime scene?

190 MR. DEEDRICK:

Well, I don't recall any specific response.

191 MR. BAILEY:

You didn't get a response, did you?

192 MR. DEEDRICK:

No. Like I said, the only thing I got were the hair samples.

193 MR. BAILEY:

You haven't the vaguest idea to this day whether 1, 10 or 30 people were wearing dark cotton clothing around that crime scene, correct?

KEY QUOTE
194 MR. DEEDRICK:

I--I don't know.

195 MR. BAILEY:

All right. Did you inquire as to whether or not samples had been taken from either of the homes inside the homes?

196 MR. DEEDRICK:

No. Well, I don't believe I recall ever asking for samples except for perhaps from carpet samples.

197 MR. BAILEY:

Okay.

198 MR. DEEDRICK:

But as far as other furnishings or clothing, no.

199 MR. BAILEY:

How about the clothing inside Mrs. Simpson's home? Did you ask to examine any of that, particularly any that might be dark blue or blue black?

200 MR. DEEDRICK:

No.

201 MR. BAILEY:

Did you receive a single garment from anyone for examination and comparison?

202 MR. DEEDRICK:

No. I did not receive any fabrics from anybody or anyplace to try to account for the blue black fibers you're referring to.

203 MR. BAILEY:

Okay. Let's talk for a minute about the knit cap. Have you been made privy to the fact that a second knit cap was discovered?

204 MR. DEEDRICK:

I had a number of caps submitted. I'm not sure which one--

205 MS. CLARK:

Objection. Misstates--

206 THE COURT:

Sustained. Assumes facts that are in evidence.

207 MR. BAILEY:

I'm sorry, your Honor?

208 THE COURT:

Assumes facts that are not in evidence.

209 MR. BAILEY:

Your Honor--15874, your Honor.

210 THE COURT:

Excuse me. I stand corrected. One of the detectives who testified to that.

211 MR. BAILEY:

Page 15874.

212 THE COURT:

I had to recollect four months back.

213 MR. BAILEY:

Okay.

214 THE COURT:

It took me five seconds to remember. Thank you.

215 MR. BAILEY:

Were you informed that a Defense investigator in the company of a lead detective in this case discovered in a closet on the second floor of the Bundy residence a knit cap similar in appearance to the one found near the body of Ronald Goldman?

216 MS. CLARK:

Objection. "Similar appearance" misstates the evidence.

217 THE COURT:

Overruled. Overruled.

218 MR. DEEDRICK:

Yeah. I don't know if I received that particular cap or not. I did receive some additional caps at a later date. But if that's one of them, I wouldn't know.

219 MR. BAILEY:

Well, if I tell you that the detective refused to book it, would you assume that you never received it?

220 MR. DEEDRICK:

Well, that's a good assumption.

KEY QUOTE
221 MS. CLARK:

Objection, your Honor.

222 THE COURT:

Overruled.

223 MR. BAILEY:

If you had examined that cap and found the hair compatible with or could have come from Mr. Simpson in the hat, would that have been of any significance?

224 MR. DEEDRICK:

I'm not sure how other than maybe left his hat in the house at one point in time.

225 MR. BAILEY:

Would you have reported the fact that you found a similar cap with hairs similar to Mr. Simpson or could have come from located in the house of his ex-wife and children?

226 MR. DEEDRICK:

Right. I would have reported that.

227 MR. BAILEY:

Okay. Now, I think you said on Thursday, if I recollect correctly, in the first part of your testimony, that you had examined some 500,000 hairs over the course of your career.

228 MR. DEEDRICK:

I'm not sure if it was examinations or--I probably have. I probably have.

229 MR. BAILEY:

Well, do you recall that testimony or not?

230 MR. DEEDRICK:

I do recall the words "Half a million." I don't recall if it was hairs or hairs and fibers or examinations or--but I think I've at least seen that many hairs.

231 MR. BAILEY:

Okay. Half a million was in fact the words you yourself used.

232 MR. DEEDRICK:

I recall those vividly, yes.

233 MR. BAILEY:

And you meant for that to include the total 17 years that you've been devoting to this specialty. Does that include the year that you were sort of an intern?

234 MR. DEEDRICK:

Right.

235 MR. BAILEY:

Okay. Now, I take it with this many examinations or views of substances in your background, that it is not feasible to individually recall each experience to the point of being able to differentiate.

236 MR. DEEDRICK:

No. You can't do that.

237 MR. BAILEY:

For instance, if I were to ask you about evidence in one of the cases in which you've testified, you might or might not be able to remember what the objects look like, correct?

238 MR. DEEDRICK:

Right. That's correct.

239 MR. BAILEY:

And in cases that were of little moment, you probably would not, true?

240 MR. DEEDRICK:

I probably wouldn't.

241 MR. BAILEY:

And because of that, when you examine something through the comparison microscope, the only basis upon which you have formed opinions in the past, you make notes of what you see; do you not?

242 MR. DEEDRICK:

That's right.

243 MR. BAILEY:

And that is because if someone should later challenge the correctness of your comparison, you will be able to give detail somewhat like the lists that we viewed earlier to back up the opinion that you have reached, whether it be exclusion or inclusion?

244 MR. DEEDRICK:

No. That's not what I do.

245 MR. BAILEY:

You don't? Well, if you don't make notes as to what characteristics there are in a questioned and known sample, how are you able to tell later on which characteristics seem sufficiently similar or dissimilar to you to reach a conclusion?

246 MR. DEEDRICK:

Well, you do it at the moment when you--

247 MR. BAILEY:

You do it at the moment?

248 MR. DEEDRICK:

When you do your comparisons, right. The conclusions that I draw regarding whether or not a hair looks like another hair in a known standard, there are visual observations and some brief notes will be made regarding the hair, a brown Caucasian head hair. I may describe the roots. I may describe the length. I may describe the color or other characteristics, and I'll just put "Like K1," and that means to me that I compared all the characteristics that I felt were important and reached that conclusion.

249 MR. BAILEY:

Is it the case then, Mr. Deedrick, that as to any of the individual comparisons about which you've testified in this case, you are unable to reconstruct what individual similarities led you to your opinion?

250 MR. DEEDRICK:

Right. I couldn't do that from the notes.

KEY QUOTE
251 MR. BAILEY:

But isn't that, sir, very much like, "I can't describe it, but I know it when I see it"?

252 MR. DEEDRICK:

Well, again, I don't--I don't know if it's quite the same, but the characteristics are compared visually. The conclusions are reached based on that observation. The notes are there just as reminders, that is all, and the notes are not intended to be the basis for a conclusion.

253 MR. BAILEY:

The notes that you write are not the basis for your conclusion?

254 MR. DEEDRICK:

Well, they're not--I mean in terms of--I mean obviously I put a draw a conclusion, I put in it my notes like K1. That's the conclusion I reached. But the notes themselves are not the basis. I couldn't have somebody look at the notes and say, oh, yeah, that hair looks like that hair. They couldn't do that.

255 MR. BAILEY:

Well, now, Mr. Deedrick, examiners occasionally disagree on similarities and differences; do they not?

256 MR. DEEDRICK:

They could and they do, yes.

257 MR. BAILEY:

And whether or not they are sufficiently significant to warrant reaching conclusion a versus b?

258 MR. DEEDRICK:

Right. Examiners may differ in their opinions.

259 MR. BAILEY:

And when two examiners come to different conclusions in a lawsuit of this sort, somebody has to decide which one has used the better procedure. The more reliable procedure is the more credible, correct?

260 MR. DEEDRICK:

Well, someone might have to, yes.

261 MR. BAILEY:

Yes. And not having any individual notes as to what you were seeing in the microscope, but taking the position, "I made a judgment then even though I can't reconstruct it," is a wonderful Defense for cross-examination; is it not?

262 MR. DEEDRICK:

Well, that's--I'm not really sure I understand what you mean by that.

263 MR. BAILEY:

Okay. If you had a listed criteria for each comparison you made, that is to say, you found a trace medulla in both samples, you found similarly shaped and placed ovoid bodies, you found similar clumping of the pigment all located on one side of the hair as opposed to around the inner diameter of the cuticle and you found that certain twists or bends or buckles were in the hair, that would give another expert an opportunity to decide whether your application of those criteria of similarity or distinction were done correctly and professionally; would it not?

264 MR. DEEDRICK:

No. I don't think so. Again, that's just a matter of procedure and how one goes about this process of comparing hairs. If another examiner is going to look at the same hairs and reach a conclusion, they can write down whatever they want. If they want to use a chart, if they want to use a graph, if they want to draw a picture of it or take a million photographs, it really doesn't matter. They have to decide for themselves if it could have come from the source or is it different. That's their opinion and they have to base it on what they know and from their experience. The conclusions I reached are based on my experience, my observations at the time I conducted the examination. I think it's improper to go about trying to compare notes.

265 MR. BAILEY:

Well, Mr. Deedrick, you are unable, I take it, except as these notes may disclose in an individual comparison to reconstruct what it is you were looking at that persuaded you to arrive at a judgment, correct?

266 MR. DEEDRICK:

I can refer to the known standards, describe those from the notes. The questioned hairs that I found correspond in many respects, if not all, to the known--the notes prepared from the known standard. So I find it duplicity in going through--I could write them down. I could write all the characteristics and I could make sure that all the notes corresponded perfectly just so I could avoid this bantering on whether or not they exhibit the same characteristics. But that's not what I do. I reach conclusions based on my observations. The notes are just to help me along as I go through my exam.

267 MR. BAILEY:

All right. You did make some notes; did you not?

268 MR. DEEDRICK:

I did.

269 MR. BAILEY:

Tell me about your habits in making notes. Do you date them, put them in any particular order?

270 MR. DEEDRICK:

No, I don't date them.

271 MR. BAILEY:

Can we tell from your notes when you claim you made certain observations through the microscope?

272 MR. DEEDRICK:

No.

273 MR. BAILEY:

Can we tell from your notes how long you spent looking at a particular comparison?

274 MR. DEEDRICK:

No.

275 MR. BAILEY:

Can we tell from your notes what it was you thought you saw that entitled you to make a comparison or the lack thereof or a distinction?

276 MR. DEEDRICK:

Probably not.

277 MR. BAILEY:

All right. Well, why do you keep any notes?

278 MR. DEEDRICK:

I'm sorry?

279 MR. BAILEY:

Why do you keep any notes? What do you need them for?

280 MR. DEEDRICK:

Just to refresh my memory if I have to go testify or at least comment on the case at a later date for some reason.

281 MR. BAILEY:

Mr. Deedrick, was there ever the slightest doubt in your mind that you would wind up on the witness stand in this case?

282 MR. DEEDRICK:

Not after the first couple slides. I realized I'd be here.

KEY QUOTE
283 MR. BAILEY:

Yes. And did you not note the fact that this is probably the most widely publicized case that you've ever been involved in.

284 MS. CLARK:

Objection. Argumentative.

285 THE COURT:

Overruled.

286 MR. DEEDRICK:

Oh, sure. I think we all agree on that.

287 MR. BAILEY:

All right. And did you not realize as you made your notes that the world might one day look at what you had done and how you had done it?

288 MR. DEEDRICK:

I wasn't--

289 MS. CLARK:

Objection. That's argumentative.

290 THE COURT:

That's irrelevant.

291 MR. BAILEY:

Okay. In any event, preparatory to turning to those notes, Mr. Deedrick, you turned handwritten notes to the Defense through the discovery process; did you not?

292 MR. DEEDRICK:

I did.

293 MR. BAILEY:

The Defense had those typed up and submitted to you for any corrections or omissions or little hand scratches that couldn't be deciphered?

294 MR. DEEDRICK:

Right.

295 MR. BAILEY:

You were kind enough to edit them and returned them?

296 MR. DEEDRICK:

Yes, sir.

297 MR. BAILEY:

They were corrected and returned to you?

298 MR. DEEDRICK:

Right.

299 MR. BAILEY:

And this morning, you have given them back to me with just a few corrections, right?

300 MR. DEEDRICK:

Right.

301 MR. BAILEY:

All right. Tonight, would you be kind enough to go over those notes so that we don't get bogged down. There are a few questions I have about the manner in which they were made and to be disclosed.

302 MR. DEEDRICK:

Be glad to.

Temperature

tense

Key Quotes (5)

Douglas Deedrick
Right. I couldn't do that from the notes.
Bailey's central impeachment point: Deedrick cannot reconstruct from his notes what specific characteristics led him to any comparison conclusion, undermining the verifiability of all his opinions.
F. Lee Bailey
But isn't that, sir, very much like, 'I can't describe it, but I know it when I see it'?
The culminating attack on Deedrick's methodology — framing his expertise as subjective and unreviewable rather than scientific.
F. Lee Bailey
You haven't the vaguest idea to this day whether 1, 10 or 30 people were wearing dark cotton clothing around that crime scene, correct?
Highlights the critical gap in fiber investigation: no one ever told Deedrick what clothing scene personnel wore, leaving the blue-black fibers potentially explainable by police contamination.
Douglas Deedrick
Not after the first couple slides. I realized I'd be here.
Candid admission that he knew immediately he'd be testifying in the most publicized case of his career — yet kept only sparse, undated notes.
Douglas Deedrick
Well, that's a good assumption.
Deedrick concedes that if a detective refused to book the second knit cap, he almost certainly never received it for examination — a significant gap in evidence collection.

Evidence (9)

Informal
K7 hair samples — known hairs from O.J. Simpson, generally under 1-5/8 inches in length
discussed regarding sampling methodology and length
Informal
Rockingham glove — contained one unidentified Caucasian hair Deedrick could not match to any elimination sample
discussed; Deedrick confirmed he has no idea who deposited the hair
Informal
Knit cap found near Ronald Goldman's body — subject of hair comparisons
discussed in context of fiber collection and second cap discovery
Informal
Second knit cap discovered in second-floor closet of Bundy residence by defense investigator and lead detective
referenced as never submitted; detective allegedly refused to book it
Informal
Blue-black fibers found on gloves, knit hat, and victims
discussed at length as evidence Deedrick could not trace to any clothing source due to lack of submissions
Informal
Bronco carpet sample
mentioned as one item Deedrick did request and receive
+ 3 more

Notable Exchanges (4)

F. Lee BaileyDouglas Deedrick
Extended sequence establishing that Deedrick's notes contain no dates, no time spent per comparison, and no individual criteria that could allow another expert or the court to verify what he observed. Bailey forced Deedrick to admit he could not reconstruct from notes what he saw, and the notes were 'just reminders.'
strategic
F. Lee BaileyDouglas Deedrick
Bailey established that Deedrick never received clothing samples from any police officers, detectives, medical personnel, or coroner staff at the scene, and was never told what color or fabric anyone was wearing — leaving the source of blue-black fibers completely unaccounted for.
revealing
F. Lee BaileyDouglas DeedrickMarcia Clark
Bailey introduced the second knit cap found at Bundy, representing that a detective refused to book it. Clark objected that 'similar appearance' misstated the evidence; Ito overruled. Deedrick agreed it was a 'good assumption' that he never received it.
heated
F. Lee BaileyDouglas Deedrick
Bailey walked through all the cross-contamination vectors Deedrick had not investigated: Simpson visiting Bundy regularly, Nicole visiting Rockingham, children going back and forth, dogs going between locations, people in common at both scenes — none of which Deedrick had systematically accounted for.
strategic

Light Moments (2)

Douglas Deedrick
After a long windup question about the significance of finding hairs at the crime scene location, Deedrick deadpanned: 'I thought you were going on with that. I was waiting for the punch line.' Bailey replied: 'No punch.' Deedrick: 'Oh.'
Lance A. Ito
Judge Ito initially sustained an objection saying the second knit cap 'assumes facts not in evidence,' then immediately corrected himself when Bailey cited a page from the transcript: 'I stand corrected... I had to recollect four months back. It took me five seconds to remember.'

Credibility Attacks (3)

⚔ Douglas Deedrick
methodology attack — notes insufficient to reconstruct opinions
Bailey established through sustained questioning that Deedrick's notes contain no dates, no time records, and no itemized characteristics for individual comparisons, making it impossible for any other expert or the court to verify what he actually observed. Bailey explicitly framed this as 'I can't describe it, but I know it when I see it' and as a 'wonderful defense for cross-examination.'
⚔ Douglas Deedrick
investigation gap — failure to obtain elimination clothing samples
Bailey demonstrated that despite Deedrick requesting elimination hair standards and fiber sources, he never received clothing information from any police officer, detective, or crime scene personnel, and cannot say whether 1 or 30 people at the scene wore dark cotton clothing matching the blue-black fibers — undercutting the probative value of the fiber comparisons.
⚔ Douglas Deedrick
omitted evidence — second knit cap never examined
Bailey elicited that a second knit cap found in a Bundy closet by a defense investigator was never booked by a detective and therefore never submitted to Deedrick, meaning potentially exculpatory or significant fiber/hair evidence on that cap was never analyzed.

Objections

11 objections (3 sustained, 7 overruled)
Proceeding 6625 • 302 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 JUL 5, 1995 📄 Cross-examination of Douglas D
JUL 5, 1995 KRT DvH TD