All right. The People may call their next witness. Mr. Goldberg, will you be handling this witness?
The People call Bill Bodziak to the stand. Good morning.
THE JURY: Good morning.
William J. Bodziak, called as a witness by the People, was sworn and testified as follows:
Please raise your right hand. You do solemnly swear that the testimony you may give in the cause now pending before this Court, shall be the truth, the whole truth and nothing but the truth, so help you God.
Please have a seat on the witness stand and state and spell your first and last names for the record.
William J. Bodziak, W-I-L-L-I-A-M, middle initial J. the last name is spelled B-O-D-Z-I-A-K.
I'm a special agent of the Federal Bureau of Investigation. I'm currently assigned in the FBI laboratory as an examiner of questioned documents, footwear and tire tread evidence.
I would like to first start with your formal training and experience. Did you have an university degree?
Yes. I have a BA degree in biology from East Carolina University and I have a Master's degree in forensic science from George Washington University.
And can you just briefly tell us what that forensic science degree, the Master's that you referred to, involves?
The forensic science degree is approximately half graduate forensic science courses and the other half of the courses are dedicated to law and criminology.
Okay. And turning to your experience at the FBI, when did you join the Federal Bureau of Investigation?
I entered as a special agent and my first capacity for three years was as an investigative field agent in the New Haven and Baltimore divisions.
I was transferred there to begin training in the areas of questioned documents, footwear and tire tread impressions.
The FBI had at the time a science program that intentionally brought in agents with science background to potentially bring back to the laboratory for those assignments.
Now, when you were first assigned to the laboratory division in 1973, what was your first assignment?
My first assignment in 1973 was to begin training, was a three-year course of training in the laboratory where I would work cases, hundreds of cases over those years, everyday under the direct supervision of the senior examiners.
Okay. And in addition to doing documents, are there other kind of things that you do in that section?
And how long have you actually been conducting examinations on footwear impression evidence?
Shortly after arriving in 1973 and beginning that case work training I was introduced to footwear and tire tread analysis as well.
And is that what you have done in this case, is to provide an analysis of some--of some footwear impression evidence?
Now, do we have a chart that is--that we can use to illustrate the kind of analysis that you have been doing in the FBI laboratory in general terms since 1973 in terms of footwear impression evidence?
And would that be helpful to you in describing the kind of techniques that you performed and the analysis that you perform there?
Your Honor, I would like to mark as People's next in order a chart entitled "What shoeprints can show," and I believe that is 373.
Sir, directing your attention to what's marked as People's 373 for identification, the section that says "If covered shoes of a suspect may be identified or eliminated," can you describe for us--if you need to step down you may do so--what kind of analysis you've performed that is signified by this portion of the chart.
Directing the attention to the top portion of the chart, one of the primary purposes of footwear comparison is ultimately to examine the footwear impressions from the crime scene, which is depicted here on the right side, (Indicating), with shoes of suspects that might be obtained during the investigation. In this particular chart I've shown, as an example on the right, an impression from a crime scene, a test impression made from the shoe of the suspect, and on the left side a reverse photograph of the shoe of the suspect. This comparison involves the class characteristics first of the shoe, that is, the physical shape and size, the design or pattern on the bottom of the shoe, which leaves its print in the impression, and then subsequently we will draw its attention to wear characteristics. Maybe the heel may begin to wear on the edge and other wear that might be evident and would change the pattern of the shoe. The fourth area of comparison, after the size design and wear, would be things such as accidental characteristics, such as a cut mark that would also show up in the impression and would be found on both the test impression and the known shoe. These cut marks or changes to the pattern of the shoe are what makes a shoe unique and would possibly enable, if there was an adequate number of these, the positive identification of this shoe having made the impression at the crime scene.
All right. Now, in cases that are submitted to you for analysis at the FBI, since 1973 when you've been working there, can you give us an estimate as to what percent, where they are submitted to you, they do not have shoes of a suspect?
Approximately forty percent of the case work that is submitted to us initially does not have the shoes of the suspect. A few of those may be submitted later after we provide them additional information.
Now, in cases where the shoes are not recovered, is it, nevertheless, possible to do other kind of analysis on the shoes?
Yes. The second and third portions of the chart draw the attention to those kind of requests we get in situations where we do not have the shoes of a suspect, and we are asked to provide the brand name and manufacturer of the shoe and we do this by accumulating, in a reference collection, thousands of designs of shoes and searching a particular pattern from the crime scene print through that reference collection, and hopefully we will be able to determine the manufacturer and brand name of that shoe. After that, depending on the quality of the impression and the completeness of the impression at the crime scene, as well as the kind of manufacturer of the shoe in question, we may be asked to give either a general estimate of the size and that would be just through a linear measurement, or an actual specific sizing of the shoe by directly working with the manufacturer.
All right. And these last two portions of the chart where you have discussed where it says "Brand name, manufacturer and size of the shoe," did you perform that kind of analysis in this particular case?
Now, Mr. Bodziak, returning to your qualifications in the area of shoeprint examination, are you a member of some professional organizations in the area of forensic science?
Do you have a curricula vitae that summarizes your various experience and training?
And sir, are you a fellow of the document section of the American Academy of Forensic Science?
Yes. It has basic education and experience requirements for entrance. In other words, you would have to be working in that field for a number of years and have people that would recommend you as a viable candidate.
Are you also a member of the International Association for Identification since 1988?
Yes. The International Association for Identification, known as the IAI, instead of calling their individual components dedicated to specific areas of forensic science sections, they call them subcommittees, and I'm a member of the subcommittee on footwear and tire track impression evidence.
And are you a professional member of the American Society of Questioned Document Examiners?
Are you also a certified diplomate of the American Board of Forensic Document Examiners?
The International Association of Forensic Science is an international organization which does not have regular membership. It meets every three years in a different country and the organization for that particular meeting is made by the country which hosts it.
Did you chair any meetings of that organization related to footwear and tire tread type evidence?
Yes. I chaired the section on footwear and tire impression evidence in Vancouver in 1987, and at Adelaide, Australia, in 1990, and in Dusseldorf, Germany, in 1993.
Now, in addition to your membership in these organizations, do you have also have some teaching experience?
There is a one-week course in the examination of footwear impression evidence at our FBI academy which I have taught since 1983.
And have you also published some articles in the area of footwear impression evidence?
Did you publish an article that appeared in the FBI law enforcement bulletin entitled "Shoe and tire impression evidence" in 1984?
And did you publish another article entitled "Manufacture and processes for athletic shoe outsoles and their significance in the examination of footwear impression evidence" in the journal of forensic science in 1986?
And did you co-author another article entitled "Forensic evaluation of the air bubbles present in polyurethane shoe outsoles as applicable in footwear comparison impressions" also published in the journal of forensic science in 1988?
Now, in addition to the article that we just mentioned, did you also author a book entitled footwear impression evidence?
That was in 1990. That was initially published by Elsevier Science Publishing Company in 1990 and the book rights have been taken over by CRC Press.
Now, during your involvement in this case, when you first became involved in the case, what type of analysis were you asked to perform?
Initially I was asked to determine what type of shoe, what brand or manufacturer, type of shoe made the impressions that were located in blood on the Bundy sidewalk.
And did you consult any reference collections of the sort that you mentioned previously in order to do that?
Yes, I did. I initially consulted the FBI's reference collection which involves thousands of impressions on computer and in photographs and catalogues, but I was unable to find that particular design.
KEY QUOTEWell, we have changed it over the years, but it was initially started in 1937 basically as a rubber heel file.
All right. You also were unable to locate the design in your reference catalogue?
After you were unable to locate the design based upon your own resources, did you take some additional steps?
In looking at the detail in the shoe impressions in the thirty photographs which I was submitted which were the impressions from the Bundy location, I observed that there were certain features about that shoe that strongly suggested that it was a high end--that is a very expensive Italian brand shoe. So I looked through our written reference material and I identified approximately 75 to 80 manufacturers and importers of high end Italian shoes and some south American shoes or Brazilian shoes, and I prepared a sketch and a--one of the photographs, a composite photograph--excuse me--a composite sketch and three photographs of heel impressions from the Bundy scene, along with a letter, and contacted those manufacturers and importers to see if they recognized or knew the origin of that particular design.
Yes. On August 17th I received a reply from a Mr. Peter Grueterich of the Bruno Magli Uma Shoe Store in New Jersey.
KEY QUOTEYes. He sent me two shoes that were left over from a Bruno Magli distribution of his in 1991 and 1992. These were both right shoes. One was a size 9 and a half and one was a size 12. And I believe from looking at them they were probably samples that were just left over.
Your Honor, at this time I would like to mark as People's next in order a chart.
Yes, 374, a chart that is entitled "Bruno Magli" and it has Lorenzo and Lyon shoes.
Mr. Bodziak, directing your attention to People's 374 for identification, do you recognize that?
These are enlarged photographs on the right side of the Lorenzo at the top and the Lyon or Lyon at the bottom. The differences between those two shoes is the Lorenzo has a higher heel collar to it and the Lyon or Lyon has a lower cut as a conventional shoe would have, and those shoes were sent to me by Mr. Grueterich. The retail of those was approximately $160.00, and they were Bruno Magli shoes distributed in 1991 and `92 in six different colors. The colors were white, black, brown, blue, brandy and olive.
Are there any design features of the shoe that you can point out to us of significance in terms of your analysis?
Only the point that I've already mentioned, that the Lorenzo and Lyon are different primarily was because one is more of a high-top shoe and the Lyon or Lyon is a lower cut around the heel.
And at this time I would like to mark as People's 375 for identification a box and its contents of Bruno Magli shoes.
Exhibit 375 are the two shoes, the Lyon or Lyon and the Lorenzo, which were submitted to me by Mr. Peter Grueterich and which were left over from the shipment or distribution of those shoes in 1991 and 1992.
And if you can hold up one of them again, I think it is the Lorenzo, it appears to be faded a little bit on one side?
Yes. The left side of this shoe is much darker than the right side, which appears to maybe have been in a window and is somewhat discolored.
Now, in addition to the information that you sent out that you just told us about to these shoe manufacturers, did you send out any other inquirers to law enforcement agencies?
Yes. Also sending--I sent an inquiry to eight international laboratories which I knew had computerized reference collections such as the FBI and I sent them pictures of the sole of the shoe as well as the pictures from the crime scene, a couple pictures from the crime scene at Bundy, and asked them the same question, could they identify the brand name or manufacturer of this shoe.
Were any of those countries with computerized systems similar to the FBI's able to provide you with any information?
Yes. Seven of them responded and said they did not have this shoe in their collection. The eighth one, the national police agency in Tokyo, Japan, responded and advised that they had a shoe that they had obtained from a merchant of this design that was distributed in Europe and was made in Italy.
Now, as a result of the information that you have just talked to us about, did you determine who the manufacturer was of the Bruno Magli shoe?
Yes. Well, if I could comment on the bottom of the shoe, which has the manufacturer's name on it?
The bottom of the shoe has design elements which are repeated across the entire sole area, as well as the heel, and these design elements, which repeat after one another across the width and length of the shoe, are identical in size in both the heel and the sole, and they are surrounded by a perimeter, a little raised line, and then there is an outer perimeter which does not actually touch the surface of the ground, but which is a little bit raised but can touch it if there is enough weight or other factors. The same is true of the heel. And the leading edge of the heel is curved and has the notch cut off of the medial side, the inner side. This is a reverse photograph so this is actually the left--an enlargement of the left shoe, and this would be the outside of the body and this would be the inside to the right as you look at it, (Indicating). And in the center arch area also is the name "Bruno Magli," that is b-r-u-n-o m-a-g-l-I, as well as the capital "M" for Bruno Magli, their logo in the middle of that, and at the very bottom in the shadow here, which is probably hard to see, is the words "Made in Italy" and up in the top corner here is the word "Silga," s-I-l-g-a, which to answer your question, this is the manufacturer in Italy of this outsole.
Okay. Now, is that common in the footwear industry, that the company whose name goes on the shoe doesn't necessarily have their own factories that they own?
That is very common in the footwear industry, to have one company make the outsoles and sell those to another company that will then create the upper, which are attached and glued and stitched to the bottoms.
Well, it may also be a shoe factory, but they may--I don't know their full habits of purchasing, but with regard to this shoe, they had this mold made by Silga for their shoes and these molds--these molded bottoms which were sent to another factory which is called 4C also in Italy, in the same area of Italy, and then the uppers were stitched and placed into the bottom and made and sold as a shoe.
Okay. Now, after you made these determinations, Mr. Bodziak--and you can resume the stand, if you like.
--as to the manufacturer of the sole of the Bruno Magli shoe and also the upper, did you decide to visit the factories, these two factories?
And before getting into that, did you have some training and experience specifically in shoe manufacturing?
Yes. Over the years, since the late seventies, I have been to approximately--footwear manufacturers approximately 25 occasions.
And what is the purpose of trying to gather information about how shoes are manufactured from the standpoint of a forensic shoe examiner?
In some cases the purpose is because of the need to, in a particular case that I might be working, but as a general training tool it is important to learn the various ways that shoes can be manufactured, because there is quite a lot of differences between a direct attach injection molded shoe or a cut shoe that is made of unvulcanized rubber or a composition molded shoe.
Okay. And are you able to use this information in your analysis in determining shoe size that left impressions at a crime scene?
Now, is this something that you are routinely able to do based on that kind of information and other information?
Now, do we have some charts that can be used in order for you to illustrate for us how it is that this kind of a determination of shoe size can be made?
I would like to mark as People's 276 for identification--excuse me--376, a chart entitled "Determination of shoe size."
Sir, directing your attention to People's 2--excuse me--376 for identification, do you recognize that?
And can you tell us what the top portion of the chart under "Nonspecific sizing" refers to?
Yes. Nonspecific sizing is what I would label as instances when we were submitted partial impressions from a crime scene or impressions that we could never specifically identify as having been made by a specific manufacturer, and because of those characteristics, not being able to link them to a specific manufacturer, we would only be able to give an estimate and sometimes a very rough estimate, of the approximate size based on the impressions that we had from the crime scene. And this would be, like I say, a very rough estimate, but in responsible specific sizing would be what I would call that.
Now, in cases where you do have the information as to who manufactured the shoe, what can you do?
In that case we can specifically size the shoe if it has been made in certain manners. If it has been cut from a sheet of goods and then just glued to the bottom, that is usually not possible with an absolutely 100 percent certainty, but if the shoe has been folded and the molds have been made with a hand-milled method, where the person is actually guiding the milling device and creating the molds through their personal direction, as opposed to a computer method, then each of those molds, both in different sizes, as well as molds that may be duplicated in the same sizing, each of those will come out slightly different. And those differences will manifest themselves in impressions at the crime scene and enable a direct comparison to eliminate the molds that did not make the shoe and identify the mold which did make the shoe.
Is the testimony that you just gave as to determining a shoe size summarized on this chart?
And using the lower portion of the chart, can you explain for us in a little bit more detail what it is that you can determine from a hand-milled mold?
The molds would vary, because person's hands would be involved in it, and they would not be directed by a computer, and I placed arrows on two molds here, (Indicating). The drawings represent two molds of the same size, and because a pattern or template is used, it is transferred at a different manner each time when they wrought out or hand mill the mold and the arrows showing the exact resulting positions of the design in this case, the circles and the zigzag or herringbone pattern and where those circles and patterns touch the perimeter of the shoe, those will vary both within the same size and between different sizes.
So, for example, on the two shoe sketches, if we are referring to the portion that has the arrow that relates to the zigzag, it appears that the shoe on the left starts with a zag and then has a zig and the other one has a zig and then a zag; is that correct?
If I may use the pointer, on the right-hand side, what I was stating is that the zigzag is going in a downward direction in an identical point in the heel where at this same point in the heel it is going in an upward direction and almost parallel to the corner, even though the size and shape features of the zigzag are the same because they are from the same original pattern, it is the point at which they meet the perimeter which most clearly shows the differences. The same would apply to the circle.
Okay. Do we have another chart that is designed to indicate how it is that this phenomena occurs with hand-milled molds?
And I would like to mark as People's next in order, it is 377 for identification, a chart entitled "Hand-milled molds or how hand-milled molds are made."
Directing your attention to the top of this chart, Mr. Bodziak, where it says "A design pattern is used in the hand milling of a mold," what does that refer to?
What I'm referring to at the top of the chart is basically a pattern or template and this would be, for demonstration purposes, one which had again the zigzag or herringbone pattern and the circles and this would be larger than the resultant molds and it would either be a plastic template or some other type of pattern that the person would use as a reference or guide to control the direction of the wroughting device which would chew out the metal from the steel block and create the actual steel or aluminum mold which the shoe is molded in.
And using the bottom portion of the chart, can you indicate for us how it is that this process can result in variations each time you create a mold using that same template?
What this shows at the bottom, and I have made one of these herringbone rows a different color to draw attention to that, this would be the template, and we will use the yellow or gold line as a reference point, and this would represent the block of steel or aluminum that the hand operator would wrought out in this pattern using this as a pattern device or as a guide. And even though at first look these two shoe designs seem to be the same, looking at the exact configuration and directly--particularly easy to see at the perimeter from one shoe to the next--and specifically looking at the gold line for demonstration purposes, you can see that the resultant pattern is different from one mold to the next, even though they are the same size.
So does that mean, sir, that if you have two molds that were created with the same template, that as a forensic shoeprint examiner you would be able to distinguish those two molds?
And is that based upon the placement, the exact placement of the mold with respect to the perimeter of the shoe?
It is based on the fact that in the hand milling process, as opposed to a process where you make duplicate molds from the beginning, or a computer process where the computer of course is going to do exactly the same thing every time with a cadcam device, in the hand milling process each of these patterns will result in a slightly different position each time.
Okay. Now, is there--are there some other factors that you take into account when you are trying to determine shoe sizing of shoes?
And do we have another chart that is designed to illustrate some of those other factors?
And I would like to mark as People's 378 for identification a chart entitled "Other factors contributing to shoe size."
Sir, directing your attention to People's 378 for identification, can you tell us what the top portion of the chart refers to?
Yes. The top portion of the chart depicts what is known in the footwear industry as a last, l-a-s-t, and this is--was originally years ago always in wood, but nowadays it is normally aluminum or a hard plastic, and it is basically a foot form, represents the size and shape of a foot, that would be used to stitch and stretch the upper of the shoe over and then the upper would be tacked around the bottom of it and then that would be placed on top of the molded bottom and that molded bottom would be glued or stitched to the upper.
Because the size and shape features of the last are going to denote the width, the height of the instep, the width of the heel, not the bottom of the heal, but the top as well. They are going to be quite a bit different, and high-healed shoes of ladies, versus work boots of a man, versus hip boots, versus athletic shoes, and so those features, because they allow and control the room in the upper of the shoe, they are going to be a factor in the eventual fit of that shoe to a particular person.
The second portion refers just generally to the fact that the physical size and shape as well as size considerations of shoes drastically different, such as high-heel shoes, athletic shoes and work boots, obviously are different because of the type of construction, even though they might accommodate the same size foot.
The choice of which sizing system is used is the common sizing systems used in the world. The top row which is labeled "Centimeter" and the bottom row which is measured in inches, they are just linear measurements for reasons, they are not sizing methods. But the Europe, method which goes from zero to 48 on this chart, if I can see from it here, and the English or British system, the United Kingdom and the American size for men and then the U.S. ladies sizes are laid down in this diagram or chart showing the relative conversion factors or equivalents. For instance, if I may step down--
The--for instance, a size 42 European--let me first say that the distance between each size in the European is different than the distance between each size in the English and American. The difference in sizes between English and American are each a third of an inch, each size for half size, but the European is different, so when trying to--when an American person travels to Europe and they go to buy a shoe that is made for a European market and not to be sold in America, they will have to look at the sizes, such as 38, 40, 42 and so forth, and try to find the American equivalent size that they normally would wear in America, and that would be a starting point for them in trying on shoes to see if that shoe fit. For instance, looking at a 42, it coincidentally lines up very well with the British size 8, but not very well with the American size, more like an eight and a half or in between an eight and an eight and a half, but the 38--excuse me--the 40 coincidentally lines up just right with the American. A 44 is a little bit more than an American 10 and a 46 falls between the 11 and a half and 12, and so those would simply be equivalents, so if you were to go into a shoe store in America, you might find on the label U.S. size 10, and then also perhaps the United Kingdom size, the equivalent and the European equivalent.
Okay. Now, are these comparisons that you have just made between the European and American sizes such that you know for sure that any given European shoe of a particular size can automatically be converted to an American shoe--
Because of the fact that there are other factors in the shoe in addition to just the size of the sole, and the fact that in most instances the European size doesn't line up directly with the American or British size, there would have to be some decision as to which size that shoe would be made on and what it would be called.
Okay. And are there some other factors that are--in addition to the ones that are on this chart--that also go into the issue of shoe size?
Yes. There is other factors. One that is very important is the personal preference for fit. Some people, for instance, if they are buying a soccer shoe, may prefer it to be very tight. If they are buying a dress shoe, they may prefer it to be loose so they don't have to go into that breaking-in. If the shoe is in very expensive leather shoe, they may know in a couple wears it will be very soft and pliable and very much to their foot and they may like that fit, so they may intentionally buy it a little snug, so there is a lot of factors involving personal preference that play into account.
Okay. Would it be just fair to say, to summaries this issue of shoe sizing, that there are more factors that go into it than a lay person might imagine?
Now, did you receive some additional evidence from Bruno Magli and Silga companies in terms of some sole sample?
I contacted the Silga company, which is on the eastern side of Italy, and which possessed the ten molds from size 38 to size 47 of this design, and I obtained samples in the range of 42 through 47 for comparison purposes.
Your Honor, at this time I would like to mark as People's 379 for identification a series of outsoles 42 through 47. They are in a box, so it would be the box and its contents.
Sir, showing you People's 379 for identification--here, let me take the shoes-- sir, can you show us what you received from Silga?
Okay. The--this is the--this is the compression molded sole and I received a left and right for size 42, 43, 44, 45, 46 and 47. The company refers to it as their U2887 mold and that is molded in the back of it, as well as the European size. The European size is on this sole because it is made in Italy, which is of course Europe, and so that is the sizing system that they would typically put on their molds and their soles when they make it. This is the same size sole. This one is a 47, which was on one of the prior displays, and shows the different design elements and the different aspects of this shoe design.
For instance, this is a size 42 and there is quite a bit of difference between the 42 and the 46, and it is that reason that I did not ask for the 38, 39, 40 and 41, because they were literally tiny compared to the larger impressions that we had.
Did you, on January the 23rd of 1995, actually go to Italy to visit the Silga factory and the 4C factory?
I went to the Silga factory first where they actually have the molds and through a compression molding process manufacture the--what I call the outsole or the sole unit of the shoe.
And do we have another chart with some photographs on it to show you what saw when you were observed the manufacturing process at Silga and then 4C?
Now, sir, showing you this diagram--excuse me--this series of photographs and the top part that says "Silga, factory A, B and C," using those photographs can you describe for us what you saw when you were observing the manufacturing process of the Silga sole?
The top three pictures are pictures that I took at the Silga factory in Italy. On the left it shows a bottom and top of a compression mold. The point I'm pointing to, which is to the right or actually in the center of the photograph, is the bottom of the mold and that is the part of the mold which would have the pattern and design and also the logo that says "Bruno Magli" in it. And to the left in the southwest corner of this photograph is the upper, and that would be the portion which puts the design in the back of the sole, sort of a honeycomb design. And just to the right of it, (Indicating), a couple of soles which happened to be there at the time, and this is known as compression molding or an open mold process, because like a waffle iron, they will put the pre-measured rubber in this mold cavity with this portion over top of it and they will mold it. It will melt and conform each time to the exact size and shape features and come out of the mold the same size and shape each time. In the photograph marked B at the top is a close-up showing the heel cavity of one of these molds, and in particular showing the word "Made in Italy" which I previously pointed to on the outsole, which are just in front of the heel. And also there is an oval area and removed--that is normally where the name goes, Bruno Magli, but the slug which is removed is sitting next to that mold and this was the purpose of taking this picture, was to show that this can be removed. The factory has another set of slugs which have the name lord, l-o-r-d, on them and that was the name on the shoe that the national police agency in Japan had identified as part of their reference collection from Europe. There is a little circular area between the heel and the oval area, and this--at this point it is blank, but if these shoe soles were made in Europe, the European size, such as 42, 46, 47, would go there if they desired to have them on the bottoms. There was one other name that they did have that went into this area, I can never remember how to spell it, but it is a-n-t-I-c-a, and I believe the last name is c-o-u-r-I-c-i-a or c-a, and it basically means tradition of fine shoe making in Italian, I'm told, and it was only for the display shoes, they had never sold a shoe with that name on it. And they only had a couple of those slugs. They didn't have them for every mold. On the right under C on the chart, (Indicating), is a compression molding oven, and once the biscuit of rubber has been put in the cavity of the mold and this top has come down and placed on top of it, it will then be pushed into this oven and the oven will close and under heat and pressure it will cause the melting of that biscuit of rubber and the resultant rubber sole in the same size and shape each time. I obtained a pair of these size 46 soles and hand carried them to the Silga factory--I'm sorry--the 4C factory.
Hold on for a second. I had a couple of questions I wanted to ask about the Silga.
I then went to the 4C factory, which was a few miles down the road, and that is the factory which Bruno Magli had commissioned to make the upper of their shoes and glue those uppers to the molded soles. Picture number D shows in the background, slightly out of focus, a shoe that is being--the glue is being applied to, and in the foreground in the center of the photograph, the outsole, which is having some glue applied to it. This glue is applied, it is allowed to cure and then before the two are put together, it is reactivated with heat to give sort of a contact cement arrangement. In photograph E the person there is taking an upper of the shoe and right next to his thumb is a little bit of green that you can see and that is part of the last that was used that had the upper of the shoe stitched around.
Well, part of the last which you can see over on F, and he is taking the molded rubber sole from Silga that has had glue applied and he is pressing them together very carefully to position them right. He is then going to put them in this machine to the right which will apply uniform pressure for a period of time to assure that the contact with that cement is complete. After that, in order to get the shoe which is very tight stretched around that last off of the last, it is turned over and put on this metal rod which has a little pin coming up that fits into a hole in the last and the toe of the shoe is pushed upward which breaks this last down in a manner that you would if you were sliding your foot out of the shoe and it allows them to remove the shoe from the last and of course put the shoelaces on and sell the shoes.
Well, when I went to the factory, of course they were to longer making the shoes that were only made in 1991 and `92 for Bruno Magli. They are still making--these are Bruno Magli shoes. They are the same lasts. This is a size American 12 last, and they are making the shoes for the same company in the same style, but they are--they do not have the same leather material of course that they had, which was a softer suede leather back in `91 and `92. They are now using a harder pebble grain material.
Now, with respect to the photograph that is letter F on this chart, the item there that is depicted as the last--is that correct?
And they are in a bag--excuse me. They are in a shoe box that is in a brown paper wrapping and I will place the exhibit no. 381 on the brown paper wrapping. May I approach?
Sir, showing you 381 for identification, can you remove the contents of the package and tell us what you are doing.
(Witness complies.) Exhibit 381 is the pair of lasts which were used to make the shoes that I observed being made at the Silga and 4C factory. The outsole size that I observed being used at that time was the size--European size 46 sole, and these lasts are--even though they are made in Europe, are graded with an American size 12, and the reason for that is the American grading system for shoes takes into account more measurements and variations than the European lasting system which normally shoes in Europe are only available perhaps in one width, maybe two widths. So because these are quality shoes, they are very expensive shoes that are made with leather, to have or to be produced with a high quality, they use the American grading system and American lasts. On the side of one of these lasts was written when I observed it in the factory, in addition to size 12, was written the number "46."
Okay. Can you place one of those lasts perhaps in the size 46 outsole just so that we can see how they compare.
All right. Now, based upon all of the information that you had from your visit to Italy from the lasts and the soles and the photographs of the Bundy crime scene location, were you able to form an opinion regarding the size of the shoe--the size of the shoes that caused the shoeprints at Bundy location?
That size was an American size 12 with the European size 46 sole attached to it.
KEY QUOTENow, do you have some additional charts that are designed to show the basis of that opinion and how you arrived at it specifically?
Directing your attention to what I would like to mark as People's next in order, a chart entitled "Reversed"--excuse me--"Reverse shoe sole chart," 382 for identification, your Honor?
Sir, directing your attention to this exhibit, it is People's 382 for identification. Can you tell us what this is?
Yes. On the top of the chart are reverse photographs, approximately two-time enlargements of photographs that I took of the left soles from size 42 through 47. By "Reverse" I mean that they were photographed and then the negative was reversed and the reason for doing that is so that the--it is as if as if you were looking down through the shoe and the same configuration as if the shoeprint was being laid on a two-dimensional surface and it also makes the comparisons easier for test impressions which are of course made in that manner. So these are reverse photographs, approximately two-time enlargements of soles 42 through 47, and on the bottom of the chart is a very small portion of a test impression made with each of these soles and it--the test impression represents the area which has the red rectangle around it on the sole above it. So on the left of the chart is the corner of the heel of the left shoe in a six-time enlargement demonstration configuration, and to the right of that is the 43 and so forth, all the way to the 47.
Using this chart can you describe for us how it was that you were able to make a determination regarding shoe size?
Yes. Because of what I had mentioned before, the differences between the molds of each size, because they are hand-milled and because there is only in this case one mold for each size, I'm using this as a demonstration of showing how the pattern, drawing your attention to the upper corner of this, how the pattern will vary in the respective areas of each of these soles. This is true of all areas of the heel and all areas of the sole, but for demonstration purposes you can see that the pattern is in a different position, even though the pattern remains the same size. Each individual design element is the same size.
Well, if you take, let's say, 42 and 43, just for illustration purposes, can you demonstrate for us how the impression for 42 corresponds to the sole for 42?
Yes. The--I don't know if the sole is large enough to be seen, but looking first then at the impression, there is a fragment of part of the design element on the left border, a certain distance from the top curved portion of the heel, and then this is this curved area between that design element and the other half of the design element and so you can see that there is a respective portion of this design corresponds with that area on the left shoe, size 42. And the reason it corresponds is because the impression the shoe leaves makes physical contact with the surface and the physics of contact ensure that this pattern is going to be reproduced. In other words, this pattern is going to represent these features precisely. You wouldn't have this shoe making a pattern that agreed with one of the other shoes, and then looking at the same area in 43, you can see that the--there is a much bigger part of this area, this curved area has got a lot of design between it and the perimeter. This is moved out a lot further and you are starting to get the angulation here of other aspects of that design and this is an angle you have here as well, (Indicating), and this represents precisely what you have in the respective area of the size 43 sole. Looking to the far right, between the 47 and the 46, in the instance of the 47, to the far right, the manufacturer of the molds forgot to route the border, that is, this line, raised line around the shoe and so the designed is opened, there is no connecting border, and that is very, very obvious in the impression. And then looking to the left of 47, looking at the 46 impression at the bottom, there is just a drastic difference between the design positions in those shoes whereas these are a little bit closer but still distinctly different.
But could you have done the same thing with different parts of the shoe and made the same kind of illustration of how you can distinguish from 42 through 47?
Yes, I could have done it with both shoes and I could very well done it for each part of the shoes, but because I would have to make these so large to see for demonstration purpose I chose to just illustrate one as an example.
Do you have another exhibit chart showing one of the shoeprints or actually two of the shoeprints at Bundy location and how you engaged in an analysis to determine the size of those shoes?
I would like to mark that as People's 383 for identification, your Honor. It is called "Shoeprint comparison" chart.
Sir, directing your attention to this chart that is entitled "Shoeprint comparison," can you illustrate for us how it was you were able to make your comparison? Maybe you can start with one of the two shoeprints.
(Witness complies.) Okay. The chart entitled "Shoeprint" comparison on the left side has one of the photographs which I examined which is a bloody shoeprint from the Bundy location. At the crime scene it was marked shoeprint E, the Los Angeles Police Department called it shoeprint E and the FBI--in my report I referred to it as Q107. It is an impression of both the sole and heel. On the right side is another shoeprint which I marked FBI Q68 and which was down in the lower walkway area at the very entrance, inside the gate, and that is of a heel impression. And if whatever impression would have been up here, (Indicating), would have been--if an impression had been laid down up here, it would have been interfered with by the other blood in that area, so you can really only see the heel impression on FBI Q68. In the middle is an approximate two-time enlargement of one of the test impressions I made of the left shoe using the European sole size 46, and attached to shoeprints E and the shoeprint on the right and the left of the chart, are transparencies that are made from the same test impression that is in the center, and this allows, in the comparison and demonstration process of superimposing the features that are left in test impressions of the size 46 and other size soles, over top of the impressions that are examined at the crime scene. And by putting these over these impressions, the precise configuration of the design elements, as I had mentioned before, and how they meet the borders where they are visible in this print, as well as the design element and fragments of the border which were up in this area and made from respective areas of the shoe, correspond, and also FBI Q68, the heel impression, the overlay demonstrates that as well. You can place this overlay back and forth and see the corresponding pattern agrees. Using this method I was able to take the size 42 through 47 shoes of both left and right and I was able to make test impressions through direct physical contact in a transparency form. I was able to place these over the crime scene impressions and determine which size of the European soles made that impression and eliminate the others. And in doing so, with regard to these two, I determined the left size 46 sole positively made the impressions and the 42 through 45 and 47 soles could positively be eliminated.
And with respect to the print on the right that says "Shoeprints FBI Q68" even though only a heel of that is visible, you were able to determine that was a 46 European sole?
Because the heels, like the rest of the shoe, are distinctly different and so no other heel in the other sizes could have made that impression.
Were you able to determine whether these shoe prints were made with a shoe that was manufactured on that precise mold that you saw at the Silga factory, the 46 mold?
Yes, it was--it had to have been made in that mold. There would be no other mold like it. So it was made--the shoe that made the impressions that I have addressed here, Q107 and Q68, were positively shoes that came from the Silga mold size 46.
Your Honor, I was going to move on to another topic now. Do you want me to do that, given that it is only 25 minutes after the hour?
Well, I will leave to it your discretion. Counsel, do you want to forge ahead or do you want to take a break at this point?
All right. Ladies and gentlemen, we are go going to take our mid-morning recess at the time. Please remember all my admonitions to you. Don't discuss the case amongst yourselves, don't form any opinions about the case, don't conduct any deliberations until the matter has been submitted to you, do not allow anybody to communicate with you with regard to the case. We will stand in recess for 15. Mr. Bodziak, you may step down.
On August 17th I received a reply from a Mr. Peter Grueterich of the Bruno Magli Uma Shoe Store in New Jersey.
That size was an American size 12 with the European size 46 sole attached to it.
The retail of those was approximately $160.00, and they were Bruno Magli shoes distributed in 1991 and '92 in six different colors.
I initially consulted the FBI's reference collection which involves thousands of impressions on computer and in photographs and catalogues, but I was unable to find that particular design.