Cross-examination of Douglas Deedrick (part 3)

📄 Cross-examination of Douglas Deedrick (part 3) — Thursday, July 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\6\CROSS-EXAMINATION-OF-DOUGLAS-D.DOC

TRIAL

▲ Day 109 of 167

◀ Sidebar: presentation objections Redirect examination of Douglas Deedrick (part 1) ▶

Witness: Douglas Deedrick
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Thursday, July 6, 1995 • Utterances: 93

F. Lee Bailey concludes his cross-examination of FBI hair and fiber expert Douglas Deedrick by eliciting a series of concessions about what was NOT found in the evidence: no hairs or fibers linking the victims or either glove to the Bronco, no OJ Simpson hairs on either glove, and no Goldman or Nicole hairs on the socks. Bailey then pivots to cat hairs found across multiple items, attempting to highlight contamination or innocent transfer, before closing on the key limitation: there is no way to determine how long any of the hairs had been on any item prior to June 12th.

# 1 (The following proceedings were held in open court:)

# 2 MR. BAILEY:

Mr. Deedrick, I'm sorry for the interruption.

# 3 THE COURT:

Hold on. Hold on. We are waiting for one juror.

# 4 MR. BAILEY:

Oh.

# 5 (Brief pause.)

# 6 THE COURT:

All right. Mr. Bailey. All right. We have all of our jurors present again.

# 7 (Discussion held off the record between Defense counsel.)

# 8 MR. BAILEY:

Mr. Deedrick, I want to ask you, with respect to certain items that have been referred to in your testimony, whether these assertions are acceptable, from your point of view, in other words, whether or not you find them to be true. First of all, as to hair found in the Bronco, would you agree that no hair consistent with Nicole Brown Simpson was found in the Bronco?

# 9 MR. DEEDRICK:

That's correct.

# 10 MR. BAILEY:

Would you also agree that no hair consistent with Ronald Goldman was found in the Bronco?

# 11 MR. DEEDRICK:

That's correct.

# 12 MR. BAILEY:

Okay. With respect to fiber in the Bronco, would you agree that no fiber consistent with either glove was found in the Bronco?

# 13 MR. DEEDRICK:

That's right.

# 14 MR. BAILEY:

Would you agree that no fiber consistent with Goldman's clothes was found in the Bronco?

# 15 MR. DEEDRICK:

That's correct.

# 16 MR. BAILEY:

As to both gloves--I'm sorry--and that no fiber consistent with Nicole Brown Simpson's clothes was found in the Bronco?

# 17 MR. DEEDRICK:

That's correct.

# 18 MR. BAILEY:

With respect to both gloves, would you agree that no hair consistent with O.J. Simpson, as you have used that term "Consistent," was on the Bundy glove?

# 19 MR. DEEDRICK:

That's right.

# 20 MR. BAILEY:

All right. And quite apart from the unidentified hairs, one limb, one fragment I think that you thought were from an African American, is it not also true that no hair consistent with O.J. Simpson was found on the Rockingham glove?

# 21 MR. DEEDRICK:

That's correct.

# 22 MR. BAILEY:

As to the socks that you examined, would you agree that no hair consistent with Ronald Goldman was found on the sock?

# 23 MR. DEEDRICK:

I would.

# 24 MR. BAILEY:

And that no hair consistent with Nicole Brown Simpson was found on the sock?

# 25 MR. DEEDRICK:

That's correct.

# 26 MR. BAILEY:

As to fiber with respect to your examination of the sock, would you agree that there is no fiber consistent with either glove?

# 27 MR. DEEDRICK:

I would, yes.

# 28 MR. BAILEY:

No fiber consistent with Goldman's clothes?

# 29 MR. DEEDRICK:

That's right.

# 30 MR. BAILEY:

And no fiber consistent with Nicole Brown Simpson's clothes?

# 31 MR. DEEDRICK:

That's correct.

# 32 MR. BAILEY:

Would you also agree that the fact that 35 hairs with roots were found on Ronald Goldman's shirt area--I believe, that is where the bulk of them were located?

# 33 MR. DEEDRICK:

That's right.

# 34 MR. BAILEY:

--strongly suggest to you that those hairs were pulled out by an attacker before he attacked Goldman and that the directionality goes from Nicole Brown Simpson to Ronald Goldman?

# 35 MR. DEEDRICK:

It appears from that evidence, yes.

KEY QUOTE

# 36 MR. BAILEY:

Would you also agree that you found in the hairs in the hat what appeared to be an indication of dandruff on the cuticle?

# 37 MR. DEEDRICK:

No. There was dandruff in the known hairs.

# 38 MR. BAILEY:

Yes.

# 39 MR. DEEDRICK:

In the known sample.

# 40 MR. BAILEY:

I'm sorry, in the known sample?

# 41 MR. DEEDRICK:

That's right.

# 42 MR. BAILEY:

Is it not true that you found no indication of dandruff in the knit hat?

# 43 MR. DEEDRICK:

That's right.

# 44 MR. BAILEY:

Or on any of the hairs that you have said could have come from O.J. Simpson?

# 45 MR. DEEDRICK:

That's right. That's correct.

# 46 (Discussion held off the record between Defense counsel.)

# 47 MR. BAILEY:

You have said that fibers tend to come and go as they cling to clothing and then fall off and so forth.

# 48 MR. DEEDRICK:

Right.

# 49 MR. BAILEY:

What about hairs? Do they sometimes hang around for a long time once attached to a given object?

# 50 MR. DEEDRICK:

They may, depending on the garment and what happens to the garment.

# 51 MR. BAILEY:

Did you find some cat hairs in your examinations of the materials in this case?

# 52 MR. DEEDRICK:

I did.

# 53 MR. BAILEY:

Could you tell the Court where you found them?

# 54 MR. DEEDRICK:

Give me a second, please.

# 55 MR. BAILEY:

Sure.

# 56 (Brief pause.)

# 57 THE COURT:

Do you want to mark Mr. Blasier's collage as an exhibit since it was exhibited to the jury?

# 58 MR. BAILEY:

If we may, your Honor, next in order. Can we use the paper version?

# 59 THE COURT:

Yes, we will use the paper version. Mrs. Robertson?

# 60 THE CLERK:

1224.

# 61 THE COURT:

1224.

# 62 (Deft's 1224 for id = collage)

# 63 MR. DEEDRICK:

Okay.

# 64 (Discussion held off the record between Defense counsel.)

# 65 THE COURT:

Mr. Bailey.

# 66 MR. DEEDRICK:

Okay. Shall I just read them off as I find them?

# 67 MR. BAILEY:

Tell us what you found with respect to cat hairs.

# 68 MR. DEEDRICK:

Okay. Now, on Q4, which is the cap from the Defendant's vehicle, there was a cat hair. Q4 was the cap that was found on the floorboard. There was also a cat hair that was recovered from Nicole Brown--Nicole Brown Simpson's dress, I recall. There were a number of cat hairs recovered from the tapings from cowling's Bronco. There was a cat hair recovered from a Chicago item, which we haven't talked about.

# 69 MR. BAILEY:

How about Q4, cap, did you mention that?

# 70 MR. DEEDRICK:

Q4? Well, it would have been the same cap, right, from the Bronco, and there is also a cat hair on the shovel.

# 71 MR. BAILEY:

Right. Okay. Now, cat hairs, like other hairs, can stay in place for quite some period of time?

# 72 MR. DEEDRICK:

Right, they can.

# 73 MR. BAILEY:

Did you ever inquire of anyone as to whether or not either of the Simpsons had a cat or the children? In other words, whether there was one around?

# 74 MR. DEEDRICK:

I believe it came up at one point. I don't recall the answer to that.

# 75 MR. BAILEY:

Did you learn that Nicole Brown Simpson had not had any cat for more than five months prior to the murder?

# 76 MS. CLARK:

Objection, hearsay.

# 77 THE COURT:

Sustained.

# 78 MR. BAILEY:

Okay.

# 79 MR. BAILEY:

I will ask you to assume that fact and then ask you if it is unusual that there should be a cat hair on her dress in light of those circumstances?

# 80 MS. CLARK:

Objection, improper hypothetical. Assumes facts not in evidence.

# 81 THE COURT:

Sustained.

# 82 MR. BAILEY:

All right.

# 83 MR. BAILEY:

There is no way that you can tell, either at the time of your examination or today, how long that hair had been on that dress, true?

# 84 MR. DEEDRICK:

There is no way to know that, no.

# 85 MR. BAILEY:

There is no way that you can tell how long the K7 similar hairs inside and outside the Bundy cap had been there?

KEY QUOTE

# 86 MR. DEEDRICK:

No.

# 87 MR. BAILEY:

Prior to June 12th?

# 88 MR. DEEDRICK:

No, there is no way.

KEY QUOTE

# 89 MR. BAILEY:

There is no way to tell how the non-K7, that is, unlike hairs and hair fragments of African American origin found inside and outside the Bundy cap, some of which were treated, no way to tell how long they had been there, correct?

# 90 MR. DEEDRICK:

That's right.

# 91 MR. BAILEY:

And there is no way to tell, Mr. Deedrick, which came first, is there?

# 92 MR. DEEDRICK:

No, there is no way to know.

# 93 MR. BAILEY:

Thank you.

Temperature

procedural

Key Quotes (4)

F. Lee Bailey

Would you agree that no hair consistent with O.J. Simpson, as you have used that term 'Consistent,' was on the Bundy glove?

Deedrick confirms no Simpson hair was found on the Bundy glove — a major concession that undermines the physical evidence linking OJ to the crime scene.

Douglas Deedrick

It appears from that evidence, yes.

Deedrick agrees that 35 hairs with roots on Goldman's shirt suggest Nicole's hair was pulled out by an attacker before Goldman was attacked — supporting a narrative about the sequence of the attack.

F. Lee Bailey

There is no way that you can tell how long the K7 similar hairs inside and outside the Bundy cap had been there?

Establishes the core defense limitation: the hair evidence cannot be temporally anchored to the night of the murders.

Douglas Deedrick

No, there is no way.

Repeated concession that undermines the probative value of the hair evidence — none of it can be definitively tied to June 12th.

Evidence (8)

Defense 1224

Mr. Blasier's collage, marked as exhibit after being shown to jury

marked for identification

Cap found on floorboard of defendant's Bronco

discussed — cat hair found on it

Informal

Nicole Brown Simpson's dress — cat hair recovered from it

discussed

Informal

Tapings from Cowlings's Bronco — multiple cat hairs recovered

discussed

Informal

Chicago item — cat hair recovered

mentioned

Informal

Shovel — cat hair found on it

discussed

+ 2 more

Notable Exchanges (3)

F. Lee Bailey•Douglas Deedrick

Bailey methodically walks Deedrick through a list of things NOT found — no victim hairs in Bronco, no OJ hairs on either glove, no victim hairs on socks, no glove fibers on socks — and Deedrick concedes each point.

strategic

F. Lee Bailey•Douglas Deedrick

Bailey attempts to use cat hair evidence to suggest innocent transfer or contamination, noting cat hairs appeared across multiple unrelated items. Clark blocks the most damaging questions via sustained objections.

strategic

F. Lee Bailey•Douglas Deedrick

Bailey closes by establishing that there is no way to know how long any of the hairs were on any item before June 12th, and no way to determine which came first — Deedrick agrees completely.

revealing

Credibility Attacks (2)

⚔ Douglas Deedrick

concession extraction

Bailey systematically used Deedrick's own findings to establish a long list of what the hair and fiber evidence did NOT show, reframing the testimony from inculpatory to exculpatory by focusing on absences.

⚔ hair evidence generally

temporal limitation

Bailey closed by getting Deedrick to confirm that none of the hair evidence can be dated — no way to know how long hairs were present before the murders, and no way to determine which hairs were deposited first.

Witness Demeanor

(Brief pause while Deedrick reviews notes to locate cat hair findings)

(Discussion held off the record between Defense counsel — twice)

Objections

2 objections (2 sustained, 0 overruled)

Proceeding 6652 • 93 utterances • Prosecution witness

Criminal Trial

Department 103