📄 Direct examination of Susan Brockbank (morning) — Tuesday, June 27, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUN\27\DIRECT-EXAMINATION-OF-SUSAN-BR.DOC
TRIAL
▲ Day 104 of 167

Direct examination of Susan Brockbank (morning)

Witness: Susan Brockbank
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, June 27, 1995 • Utterances: 735
LAPD criminalist Susan Brockbank testifies on direct examination about her qualifications and her June 21, 1994 examination of two evidence boxes containing items from the crime scene and Rockingham, describing in meticulous detail her chain-of-custody procedures for collecting hair and fiber trace evidence. She walks the jury through the contents of each box — including the Rockingham glove, the Bronco carpet, the socks, and two caps — and describes the hairs from item 19 (a bindle from the Rockingham glove) as heavily encrusted with blood, visible even in the water used to mount them on a microscope slide.
1 (The following proceedings were held in open court, in the presence of the jury:)
2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. The record should reflect that we have been joined by all the members of our jury panel. And Miss Clark, the People may call their next witness.

3 MS. CLARK:

Thank you, your Honor. The People call Susan Brockbank.

Susan Brockbank, called as a witness by the People, was sworn and testified as follows:

4 THE CLERK:

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.

5 MS. BROCKBANK:

I do.

6 THE CLERK:

Please have a seat on the witness stand and state and spell your first and last names for the record.

7 MS. BROCKBANK:

Susan Brockbank, S-U-S-A-N B-R-O-C-K-B-A-N-K.

8 THE CLERK:

Thank you.

9 THE COURT:

Miss Clark.

10 MS. CLARK:

Thank you, your Honor.

DIRECT EXAMINATION BY MS. CLARK

11 MS. CLARK:

Miss Brockbank, can you please tell us what you do.

12 MS. BROCKBANK:

Yes. I'm a criminalist and I work for the city of Los Angeles assigned to the trace analysis unit of the scientific investigation division of the police department.

13 MS. CLARK:

And when did you begin with that job?

14 MS. BROCKBANK:

Umm, I began in 1987 and in the trace analysis unit I've been there for about five years. I started there in 1990.

15 MS. CLARK:

Now, where did you begin initially when you went to SID?

16 MS. BROCKBANK:

Initially I worked in the toxicology unit. I worked there for about a year and a half. That is the unit of the lab that analyzes things like urine and blood for drugs. And then I moved onto the narcotics analysis unit, which is the unit of the lab that analyzes bulk narcotics to identify that they are indeed narcotics and not powdered sugar or something like that. I worked there for about a year and then I moved on to the trace unit which is where I'm currently at, and I have been there, like I say, five, five and a half years.

17 MS. CLARK:

Now, with respect to hair and trace, can you tell us what kind of training you've had?

18 MS. BROCKBANK:

Should I start with my educational background?

19 MS. CLARK:

Yes.

20 MS. BROCKBANK:

I have a bachelor of science degree in microbiology with a minor in chemistry that is from California State University at Long Beach. And after graduating college I began--I first volunteered at the L.A. County Sheriff's crime lab. Later I worked as a student professional worker for the LAPD crime lab. Went back to the sheriff's crime lab as a laboratory technician. Came back to LAPD as a criminalist. That was in 1987. Once I became a criminalist, in the trace analysis unit specifically, I began going through on-the-job training in the areas of trace evidence. The trace unit analyzes things like hairs and fibers, shoeprints, tool marks, tire tracks, paint, glass, basically any type of physical evidence that may be found at a crime scene. The trace unit is the unit that analyzes those things. And I went through on-the-job training, like I said, in all those various areas of evidence analysis. Also in the area of crime scene investigation, part of my job includes going to crime scenes and actually collecting, preserving, identifying physical evidence. I also attended two courses in forensic microscopy.

21 MS. CLARK:

What is that?

22 MS. BROCKBANK:

Use of the microscope basically for doing forensic work, things like, you know, working on hairs and fibers or anything that requires a microscope. Those classes were taught by the Macrone Research Institute of Chicago, and I also attended a class in hair analysis which was taught by James Bailey of the Los Angeles County Sheriff's Department crime lab. And I think that about does it.

23 MS. CLARK:

So you have been working in the hair and trace unit for five years then?

24 MS. BROCKBANK:

Yes.

25 MS. CLARK:

And during that five years were you--what portion of that time was devoted actually to the examination of hairs or fibers?

26 MS. BROCKBANK:

Umm, I didn't actually begin performing analysis on case work until about a year and a half into my--my time in the trace unit. During that time I was going through these training classes and on-the-job training, so I began doing case work about a year and a half in, so that would be for the last four years roughly I've been doing case work in hair and fiber analysis.

27 MS. CLARK:

Now, how many times have you actually qualified as an expert am court on hair and trace analysis?

28 MS. BROCKBANK:

I think only about five times.

29 MS. CLARK:

Now, do you recall when you were assigned to do the hair and trace work on this particular case?

30 MS. BROCKBANK:

Umm, yes. I first was assigned to do work on this case on June 21st of 1994.

31 MS. CLARK:

Now, the duties that you performed in this case, were they primarily the collection of the hair and fiber from the items of evidence found at the crime scenes?

32 MS. BROCKBANK:

Primarily, yes.

33 MS. CLARK:

And the examination with respect to comparison of hairs and fibers, was that done by Mr. Deedrick, the unit chief at the FBI for hair and trace?

34 MS. BROCKBANK:

Yes, it was.

35 MS. CLARK:

On June 21st, if you can please tell us, was that your first contact with the evidence in this case?

36 MS. BROCKBANK:

Yes, it was.

37 MS. CLARK:

What did you do?

38 MS. BROCKBANK:

On June 21st I went to our evidence control unit, which is basically a secured storage facility for a lot of property that is seized and booked in various crimes throughout the city. I went to the evidence control unit and checked out two large boxes, each of these boxes containing evidence that I was interested in looking at.

39 MS. CLARK:

Where were they?

40 MS. BROCKBANK:

In the evidence control unit.

41 MS. CLARK:

And what is that?

42 MS. BROCKBANK:

Like I said, it is like a--it is a secured storage facility. When we, quote-unquote, book evidence, the evidence is actually physically taken to this room and it is kind of adjacent to the laboratory, and in this large room they just have racks and different things that they will store the boxes of evidence on.

43 MS. CLARK:

Do they have a freezer?

44 MS. BROCKBANK:

Yes.

45 MS. CLARK:

When you went to the evidence control unit on June the 21st, you recovered, you said, two boxes?

46 MS. BROCKBANK:

Yes.

47 MS. CLARK:

Where were they in the evidence control unit?

48 MS. BROCKBANK:

Umm, one was in their freezer and the other one was being held shelf storage.

49 MS. CLARK:

And did you recover both of them?

50 MS. BROCKBANK:

Yes, I did.

51 MS. CLARK:

Where did you take them?

52 MS. BROCKBANK:

I took them into the trace analysis unit which is where I work.

53 MS. CLARK:

Now, were the victim's hair samples or clothing contained in either of those boxes?

54 MS. BROCKBANK:

No, they were not.

55 MS. CLARK:

Was a hair sample collected from the Defendant kept in any of those boxes?

56 MS. BROCKBANK:

No, it was not.

57 MS. CLARK:

In fact, had a hair sample even been collected from the Defendant as of June the 21st, 1994?

58 MS. BROCKBANK:

Not to my knowledge.

59 MS. CLARK:

Did you collect that hair sample from the Defendant?

60 MS. BROCKBANK:

Yes, I did.

61 MS. CLARK:

Personally?

62 MS. BROCKBANK:

Yes.

63 MS. CLARK:

And when did you do that?

64 MS. BROCKBANK:

That was on July 12th of 1994.

65 MS. CLARK:

Now, which box did you begin with?

66 MS. BROCKBANK:

I believe I began with box no. 1, what I designated as box no. 1. The boxes don't have big numbers on them.

67 MS. CLARK:

Okay. With respect to the examination of the boxes, where did you perform that?

68 MS. BROCKBANK:

Umm, in the trace analysis lab we have basically lab benches going all around the perimeter of the lab and then in the center there is a large examination table. I performed most of my analysis on that large examination table in the center of the room.

69 MS. CLARK:

So is that in--do you have a separate part of the lab for hair and trace?

70 MS. BROCKBANK:

Umm, yes.

71 MS. CLARK:

That is a room that is just devoted to hair and trace analysis?

72 MS. BROCKBANK:

Well, yes, it is the trace analysis lab.

73 MS. CLARK:

Now, before you began to examine box no. 1, was there some preparation you made to clear the work area?

74 MS. BROCKBANK:

Yes. I washed down the lab bench with a dilute bleach solution just to clean the lab bench, and then I cover the lab bench with white butcher paper just to cover the area, and then I opened the first box and inventoried the items in that box. When I decided I was going to actually examine one of those items, I laid down another piece of white paper and used that as a clean working surface to examine each individual item. Between items that I examined I changed that paper, put down a new piece of paper.

KEY QUOTE
75 MS. CLARK:

That is as a matter of routine, you always do that?

76 MS. BROCKBANK:

Yes, I do.

77 MS. CLARK:

And you did that in this case?

78 MS. BROCKBANK:

Yes.

79 MS. CLARK:

Do you specifically recall having done that in this case?

80 MS. BROCKBANK:

Yes.

81 MS. CLARK:

So after you washed down the table with dilute bleach and put down the butcher paper--first of all, can you tell me this: Do you wear a lab coat when do you your examinations and collection?

82 MS. BROCKBANK:

Yes, I do.

83 MS. CLARK:

Always?

84 MS. BROCKBANK:

Always.

85 MS. CLARK:

And what color is it?

86 MS. BROCKBANK:

It is white.

87 MS. CLARK:

And do you wear gloves when you do the examination of items of evidence for hair and trace?

88 MS. BROCKBANK:

Yes, I do.

89 MS. CLARK:

What kind?

90 MS. BROCKBANK:

Latex gloves.

91 MS. CLARK:

And did you do so in this case?

92 MS. BROCKBANK:

Yes, I did.

93 MS. CLARK:

So after having gowned up, got your gloves on and the table is bleached and there is paper down, what did do you with box no. 1?

94 MS. BROCKBANK:

I opened it just by cutting along the tape with a razor blade. The box was taped shut and there was a seal across the top signed by Dennis Fung. I opened the box and removed the various items that were in it. There were several different items in each of those boxes, and I--

95 MS. CLARK:

One second, Susan. Excuse me, Miss Brockbank. Your Honor, we have a photograph I would like it to be marked People's 436.

96 THE COURT:

All right. People's 436 appears to be a photograph of a box with multiple seals.

97 MS. CLARK:

Thank you, your Honor.

98 (Peo's 436 for id = photograph)
99 MS. CLARK:

Ma'am, do you recognize what is being shown in this photograph?

100 MS. BROCKBANK:

Yes. Yes, it is a box. It is a little blurry in my picture. I don't know if you can focus it better. I believe that is box no. 1.

101 MS. CLARK:

Is that what the box looked like, box no. 1?

102 MS. BROCKBANK:

Well, except for all of the evidence tape across the top. Each time the box was closed by someone, a new piece of--it was re-taped and then an evidence seal was placed across the top. When I initially saw it, there was just one seal across the top, not several like you see there.

103 MS. CLARK:

And when you refer to "Seal," are you talking about that red tape?

104 MS. BROCKBANK:

Umm, yes, the red tape or LAPD evidence seals and those are placed are--when someone opens the box, does something with the evidence and then recloses the box and then it is actually taped shut with the brown tape that you see kind of going around the circumference of the box, there is brown tape that is about two inches wide and we wrap the boxes in both directions just to secure that box before placing that evidence tape over the top.

105 MS. CLARK:

And was it taped in that fashion with respect to--with respect to the brown tape and one of the evidence seals, was it taped in that fashion when you found it on June the 21st?

106 MS. BROCKBANK:

Yes, it was.

107 THE COURT:

Miss Clark, this is People's 437.

108 MS. CLARK:

Oh, thank.

109 THE COURT:

Thank you.

110 (Peo's 437 for id = photograph)
111 MS. CLARK:

Was there some kind of a list that tells you, without opening the box, what it should contain?

112 MS. BROCKBANK:

Yes. Actually, there is a label I guess--is it better if I point to this large one? The label on the end that is down near the bottom of the screen, there is a little brown label and in the upper right corner of that brown label you see a little bar code. A lot of our evidence is tracked based on bar code, so that is why you will see a bar code on a lot of the packages. But on that brown label there is a listing of the item numbers and those are LAPD items numbers for each piece of evidence that is contained in that bag.

113 MS. CLARK:

We have a close-up of that bag I'm going to show you, Miss Brockbank, and ask that it be marked 437-A.

114 THE COURT:

437-A.

115 (Peo's 437-A for id = photograph)
116 MS. CLARK:

Do you recognize what is shown in this photograph?

117 MS. BROCKBANK:

Yes, I do.

118 MS. CLARK:

And what is it?

119 MS. BROCKBANK:

That is a close-up of that evidence tag that is on that box and here you can see the--where it--on the tag it says "Describe contents briefly," you see a listing and it says "Item numbers" and a listing of each of the item numbers that are in that box.

120 MS. CLARK:

All right. Now, with respect to the items that are listed to be in that box, which, if any, item listed in that box there contained items of hair or trace?

121 MS. BROCKBANK:

Umm, let's see. I only examined two items in that box; item no. 19 and I believe 58. Those were the two items that were hair or fiber evidence.

122 MS. CLARK:

And item no. 19, what was that?

123 MS. BROCKBANK:

Umm, item no. 19 was a small coin envelope which contained a paper bindle which is basically a piece of paper tri-folded three ways to contain evidence on the inside and that paper bindle had some hairs in it.

124 MS. CLARK:

Do you see an item no. 19 on the board that has been marked as People's--

125 THE COURT:

436.

126 MS. CLARK:

436, thank you.

127 MS. CLARK:

--on People's 436?

128 MS. BROCKBANK:

May I get up?

129 MS. CLARK:

Yes.

130 MS. BROCKBANK:

(Witness complies.) What was your question again, I'm sorry?

131 MS. CLARK:

Do you see item no. 19 on the board marked as People's 436?

132 MS. BROCKBANK:

Yes, I do. It is right here in the upper right-hand corner, (Indicating). That is a coin envelope here that you see in the photograph and that is the white paper bindle that was inside that coin envelope.

133 MS. CLARK:

All right. You can resume your seat.

134 MS. BROCKBANK:

(Witness complies.).

135 MS. CLARK:

And we will show it to you on the monitor for everybody's comfort. Your Honor, I don't know if you want me to mark these individually. They are already depicted on the board.

136 THE COURT:

Which one is it on the board? Can you tell me?

137 MS. CLARK:

It is item no. 19.

138 THE COURT:

All right.

139 MS. CLARK:

All right. Can you tell us if you recognize what is shown in this photograph?

140 MS. BROCKBANK:

Yes, I do.

141 MS. CLARK:

And that is?

142 MS. BROCKBANK:

The coin envelope and white paper bindle that I examined.

143 MS. CLARK:

And was the--you see the writing on it there, no. 19, trace removed from no. 9 and a signature?

144 MS. BROCKBANK:

Yes, I do.

145 MS. CLARK:

Do you recognize the signature?

146 MS. BROCKBANK:

Yes, I do.

147 MS. CLARK:

Whose signature is that?

148 MS. BROCKBANK:

That is Dennis Fung, F-U-N-G.

149 MS. CLARK:

And the coin envelope, was it sealed when you recovered it from the box that was marked as no. 1?

150 MS. BROCKBANK:

Yes, it was sealed with a piece of tape.

151 MS. CLARK:

And the no. 9 that is referred to, no. 19, trace removed from no. 9, do you know what no. 9 is?

152 MS. BROCKBANK:

Yes.

153 MS. CLARK:

What is that?

154 MS. BROCKBANK:

No. 9 is a glove.

155 MS. CLARK:

Recovered from?

156 MS. BROCKBANK:

Umm, I believe that was the glove recovered from Rockingham.

157 MS. CLARK:

Okay. Now, the other items that were contained in the box with this coin envelope, you had the numbers already shown to you on the screen. Can you tell us, if you recall from memory, what item number--what items of evidence those numbers went to?

158 MS. BROCKBANK:

Umm, actually I don't. If I could refer to my notes?

159 MS. CLARK:

You may.

160 MS. BROCKBANK:

(Witness complies.) Did you just want the list of each of those item numbers or what--

161 MS. CLARK:

If you could just tell us briefly what each of those items are. No. 10?

162 MS. BROCKBANK:

Just a second.

163 MS. CLARK:

Okay.

164 MS. BROCKBANK:

Umm, item no. 10 was listed on the property report as a blue plastic bag.

165 MS. CLARK:

And 15?

166 MS. BROCKBANK:

15 was airline ticket receipt.

167 MS. CLARK:

And 16?

168 MS. BROCKBANK:

16 was a baggage tag.

169 MS. CLARK:

And 18?

170 MS. BROCKBANK:

18 was shoes.

171 MS. CLARK:

Reeboks?

172 MS. BROCKBANK:

Yes, I believe so. I examined these at one point in time.

173 MS. CLARK:

Okay. And 35?

174 MS. BROCKBANK:

35 were some keys.

175 MS. CLARK:

36?

176 MS. BROCKBANK:

A pager.

177 MS. CLARK:

40?

178 MS. BROCKBANK:

A ring.

179 MS. CLARK:

And 46?

180 MS. BROCKBANK:

A menu.

181 MS. CLARK:

And were each of those in separate bags, each of those items?

182 MS. BROCKBANK:

Umm, yes, they were.

183 MS. CLARK:

And were they sealed?

184 MS. BROCKBANK:

Yes, they were.

185 MS. CLARK:

All right. Now, after you recovered item 19--

186 (Discussion held off the record between the Deputy District Attorneys.)
187 MS. BROCKBANK:

Actually each of those items were in envelopes, I'm sorry; not bags.

188 MS. CLARK:

In what, coin envelope or manila envelopes?

189 MS. BROCKBANK:

I described them as coin envelopes or actually just small yellow envelopes.

190 MS. CLARK:

Each of the items you have just read off to us?

191 MS. BROCKBANK:

Yes.

192 MS. CLARK:

And sealed individually?

193 MS. BROCKBANK:

Yes.

194 MS. CLARK:

Now, with respect to item 19, you said that you recovered a bindle from that envelope?

195 MS. BROCKBANK:

Yes, I did.

196 MS. CLARK:

And do you see that bindle depicted on the board marked People's 436?

197 MS. BROCKBANK:

Umm, yes.

198 MS. CLARK:

I'm going to show it to you on the monitor because I see you straining.

199 MS. BROCKBANK:

Yes.

200 MS. CLARK:

And where is that?

201 MS. BROCKBANK:

The bindle?

202 MS. CLARK:

Uh-huh.

203 MS. BROCKBANK:

It is in the upper right-hand corner of the--of the monitor. It is the white thing that is kind of folded. You can see the "19" and I think it is "D.F." On it.

204 MS. CLARK:

For Dennis Fung?

205 MS. BROCKBANK:

Yes.

206 MS. CLARK:

All right. So what did you do with that bindle?

207 MS. BROCKBANK:

Umm, I took it over to our stereomicroscope, which is a low power microscope, which is on the lab bench, one of the lab benches around the periphery of our lab--not the large one in the middle, but one on the side--and on that lab bench under the microscope I had laid down some white paper. I opened the bindle and examined the hairs that were inside. If I could just look at my notes for just a second?

208 MS. CLARK:

Sure.

209 MS. BROCKBANK:

(Witness complies.) And then I mounted those hairs on a microscope slide with some water. Basically what that involves is just taking a clean microscope slide, just a piece of glass about so big, (Indicating), about one-inch-by-three-inches, put a little dab of water on it to secure the hairs. Placed the hairs on. Again I had gloves on my hands when I did this. And placed the hairs on the slide using my hands, and then covered that with a coverslip, which basically is another piece of very thin glass, and that allows me to examine it on the microscope. I take that over to a microscope, which will magnify things on the order of 100 to 400 times, and I examined those hairs on that microscope.

210 MS. CLARK:

Now, at the time that you did this, were there any other items of hair or trace pertaining to this case in the vicinity?

211 MS. BROCKBANK:

No, there were not.

212 MS. CLARK:

Were there any items of hair or trace at all around these--around the coin envelope and the bindle marked as no. 19?

213 MS. BROCKBANK:

No, there were not.

214 MS. CLARK:

Now, with respect to the mounting in water, is that something that is favored? Is that a good idea, to mount hair or fibers on water?

215 MS. BROCKBANK:

Not really.

216 MS. CLARK:

And why is that?

217 MS. BROCKBANK:

For--for a microscopic examination of hairs water is a poorer mounting medium because of what's called a refractive index which is what allows you to see through something. Basically there is a number assigned to different objects. Water has a refractive index of around 1.25. It is a number--but what happens is hair, when you are looking at that under a microscope, you need to mount it in a refractive index that is close to the refractive index of hair, and water is very far from a hair, so when you examine it under the microscope you don't get to see all of the really important details of the hair that help you to get a real good identification of that hair.

218 MS. CLARK:

Does it have any impact on your ability to see accurately the color of the hair you are looking at?

219 MS. BROCKBANK:

To some degree it can affect that. Basically what you get is kind of a--when you look through the microscope, kind of a black border around everything, so it obscures a little bit of everything that you see.

220 MS. CLARK:

So after you examined the hair from no. 19 under the microscope in that water mount on the slide, what did you do next?

221 MS. BROCKBANK:

Umm, I just made some notations on my note sheet and then I unmounted the hairs, basically the reverse of mounting them. I took that coverslip off, removed the hairs from the slide, put them back into the paper bindle, folded that up, put it back into the coin envelope and folded the flap of the coin envelope so that it was closed, and that was the end of my examination at that point.

222 MS. CLARK:

So it went back into your original bindle, did it?

223 MS. BROCKBANK:

Yes.

224 MS. CLARK:

And back into the coin envelope?

225 MS. BROCKBANK:

Yes.

226 MS. CLARK:

Did you seal the bindle?

227 MS. BROCKBANK:

Not at that time, no.

228 MS. CLARK:

How did you close it?

229 MS. BROCKBANK:

Actually never.

230 MS. CLARK:

How did you make sure that the hair didn't fall out?

231 MS. BROCKBANK:

Just by folding the bindle. Like I say it is a tri-fold thing. I mean, if you have a piece of paper like this, you basically fold it three times and your hairs first will be placed in the center of that bindle, so you fold the edges over and the hairs are now in the center of those pieces of paper, and then you fold these other two edges over and then the hair is secured on the inside of that bindle.

232 MS. CLARK:

Is one end tucked into the other?

233 MS. BROCKBANK:

Some people do that and some don't.

234 MS. CLARK:

What do you do?

235 MS. BROCKBANK:

I usually do.

236 MS. CLARK:

And then that item is put into a coin envelope?

237 MS. BROCKBANK:

Yes.

238 MS. CLARK:

And is the coin envelope closed?

239 MS. BROCKBANK:

Yes, it was closed by folding over the top flap.

240 MS. CLARK:

Now, after you got done, after you did that, what did do you with the slide that you had the water on?

241 MS. BROCKBANK:

I discarded that slide.

242 MS. CLARK:

Did you notice anything unusual about the water in which the hair had been resting on the slide?

243 MS. BROCKBANK:

Umm, yes. Actually the water had kind of a reddish tinge to it because all of those hairs appeared to be encrusted with blood when I was examining them. There was a lot of blood on them.

KEY QUOTE
244 MS. CLARK:

After that examination, did you look at the butcher paper on which you had done your exam of item 19?

245 MS. BROCKBANK:

Yes.

246 MS. CLARK:

For what purpose?

247 MS. BROCKBANK:

Just to make sure that nothing had escaped the bindle when I was examining it, and there was nothing on the butcher paper.

248 MS. CLARK:

And did you look at your gloves?

249 MS. BROCKBANK:

Yes, I did.

250 MS. CLARK:

And for what purpose did you do that?

251 MS. BROCKBANK:

Basically the same reason. I checked my gloves periodically whenever I do an exam just to make sure that I don't get any hairs or fibers on them adhering to my gloves rather than on the slide or in the bindles that I'm working with.

252 MS. CLARK:

And did you do that in this case as well?

253 MS. BROCKBANK:

Yes.

254 MS. CLARK:

And was there any hair or trace on your gloves?

255 MS. BROCKBANK:

No.

256 MS. CLARK:

And this whole examination that you conducted of item 19, was that done with clean gloves on the clean butcher paper?

257 MS. BROCKBANK:

Yes.

258 MS. CLARK:

After you completed your examination, you examined the paper and the--and your gloves, what did you do next?

259 MS. BROCKBANK:

Umm, well, I returned that coin envelope to the box and then I began examining some other items.

260 MS. CLARK:

Did you change the paper?

261 MS. BROCKBANK:

Yes, I did.

262 MS. CLARK:

That is the butcher paper that you examine items on?

263 MS. BROCKBANK:

Right.

264 MS. CLARK:

And what about your gloves?

265 MS. BROCKBANK:

I also changed my gloves.

266 MS. CLARK:

Now, did you look at box no. 2?

267 MS. BROCKBANK:

Yes, I did.

268 MS. CLARK:

And--

269 (Discussion held off the record between the Deputy District Attorneys.)
270 MS. CLARK:

People's 438, your Honor.

271 THE COURT:

All right. 438.

272 (Peo's 438 for id = photograph)
273 MS. CLARK:

Showing you People's 438, do you recognize what is being shown there?

274 MS. BROCKBANK:

Well, it is a box. I believe it is box no. 2, but again, that photograph is kind of blurry. I can't really read the tag.

275 MS. CLARK:

If we show you the tag close-up would that help?

276 MS. BROCKBANK:

That would help, yes.

277 MS. CLARK:

People's 438-A.

278 THE COURT:

438-A.

279 (Peo's 438-A for id = photograph)
280 MS. BROCKBANK:

Yes. That is the tag on the object that I had designated as box no. 2.

281 MS. CLARK:

Now, that shows that there were--the same as the other tag, that there is a description area for the contents of the box?

282 MS. BROCKBANK:

Right.

283 MS. CLARK:

And it is just they are described by item number?

284 MS. BROCKBANK:

Umm, yes.

285 MS. CLARK:

Number 9--numbers 1 through 9--let me just single out some of the items in it so that we don't have to do a laundry list.

286 MS. BROCKBANK:

Okay.

287 MS. CLARK:

Item no. 9 is what?

288 MS. BROCKBANK:

Item no. 9 was a glove.

289 MS. CLARK:

And that was the Rockingham glove?

290 MS. BROCKBANK:

Yes.

291 MS. CLARK:

Item no. 13?

292 MS. BROCKBANK:

Item no. 13 were some socks.

293 MS. CLARK:

The socks found in the Defendant's bedroom?

294 MS. BROCKBANK:

Yes.

295 MS. CLARK:

Item no. 33?

296 MS. BROCKBANK:

Item no. 33 was a piece of carpeting that was removed from a Bronco.

297 MS. CLARK:

Was that the piece of carpet taken from the floor of the Defendant's Bronco?

298 MR. BLASIER:

Objection, leading, no foundation.

299 THE COURT:

Sustained.

300 MS. CLARK:

Item no. 33, do you know what the source was, the origin of that?

301 MS. BROCKBANK:

Umm, I understand that it was removed from Mr. Simpson's Bronco.

302 MR. BLASIER:

Objection, move to strike.

303 THE COURT:

Sustained. The answer is stricken.

304 MS. CLARK:

Have you seen the item?

305 MS. BROCKBANK:

Yes, I have.

306 MS. CLARK:

Did you examine the item at some point?

307 MS. BROCKBANK:

Yes, I did.

308 MS. CLARK:

And you know it to be?

309 MS. BROCKBANK:

A piece of carpeting.

310 MS. CLARK:

Okay. And item no. 27?

311 MS. BROCKBANK:

Umm, item no. 27 is a hat.

312 MS. CLARK:

And do you know where that came from?

313 MR. BLASIER:

Objection, no foundation.

314 THE COURT:

Sustained.

315 MS. CLARK:

Do you recall the appearance of that cap?

316 MS. BROCKBANK:

Umm, yes. It was kind of a cap with a little brim on it. I think it was like brown, maybe like a checkered design.

317 MS. CLARK:

All right. Photograph, your Honor, People's no. 439.

318 THE COURT:

439.

319 (Peo's 439 for id = photograph)
320 MS. CLARK:

Showing you People's 439, can you tell us if you recognize in this photograph the cap you were describing?

321 MS. BROCKBANK:

Yes. That is the cap, item no. 27, that I examined.

322 MS. CLARK:

And with respect to the piece of carpet that you saw, item no. 33, do you recognize anything in this photograph as consistent with a piece of carpet that you saw and recognize as item no. 33?

323 MS. BROCKBANK:

Umm, the piece of carpet underneath that hat was item no. 33 that I examined.

324 MS. CLARK:

Second photograph, People's no. 440.

325 (Peo's 440 for id = photograph)
326 MS. BROCKBANK:

Excuse me.

327 MS. CLARK:

Okay. This is no. 33?

328 MS. BROCKBANK:

Yes.

329 MS. CLARK:

Do you see an area on this carpet that you recognize as like the one--the piece that you saw in the box no. 2?

330 MS. BROCKBANK:

Umm, the rubber mat area that you see here, which is part of that--that piece of carpeting, that was--item 33 had that rubber mat and also a stained area which I think you can see in the upper left corner of this photograph just vaguely, there was a stained area there that appeared to be blood stain.

331 MS. CLARK:

Is that--

332 MR. BLASIER:

Objection, no foundation for that.

333 THE COURT:

Overruled.

334 MS. CLARK:

Do you see where the arrow is pointing, Miss Brockbank?

335 MS. BROCKBANK:

Yes.

336 MS. CLARK:

Is that the area that you just referred to that appeared bloody to you?

337 MS. BROCKBANK:

Yes.

338 (Discussion held off the record between the Deputy District Attorneys.)
339 MS. CLARK:

I'm going to print this, your Honor, and ask that it be People's 440-A.

340 THE COURT:

Yes.

341 (Peo's 440-A for id = photograph)
342 MS. CLARK:

All right. Then item no. 38 was also in box no. 2?

343 MS. BROCKBANK:

Yes.

344 MS. CLARK:

And what is that?

345 MS. BROCKBANK:

38 was also a--it was a knit hat.

346 MS. CLARK:

Do you recall what color?

347 MS. BROCKBANK:

I believe it was black, dark blue, black. I can't really remember.

348 MS. CLARK:

If I show you a photograph will that help you?

349 MS. BROCKBANK:

Yeah.

350 MS. CLARK:

People's 441, your Honor.

351 THE COURT:

441.

352 MS. CLARK:

Thank you.

353 THE COURT:

Photo of a blue hat, blue watch cap or dark-color watch cap.

354 (Peo's 441 for id = photograph)
355 MS. CLARK:

It is darker now. Do you recognize that?

356 MR. BLASIER:

Object to the Prosecutor testifying.

357 THE COURT:

It is a dark-color watch cap.

358 MS. CLARK:

Do you recognize that?

359 MS. BROCKBANK:

Yes. It appears to be the watch cap.

360 MS. CLARK:

Okay. Item no. 38 that you refer to?

361 MS. BROCKBANK:

Yes.

362 MS. CLARK:

Now, going back to the label on that box, People's 438, now, those items that we have just itemized; 9, 13, 27, 33, 38--excuse me, one more--item no. 37, was that also in the box?

363 MS. BROCKBANK:

Yes, it was.

364 MS. CLARK:

And what is that?

365 MS. BROCKBANK:

That is another glove.

366 MS. CLARK:

If you can tell us, ma'am, how those--were all of those items individually packaged?

367 MS. BROCKBANK:

Umm, yes, they were.

368 MS. CLARK:

In--

369 MS. BROCKBANK:

Each of those items were individually packaged in paper bags which had been folded over and taped closed.

370 MS. CLARK:

With respect to the piece of carpeting that we have referred to as no. 33 that you just pointed out to us in a photograph, how was that packaged?

371 MS. BROCKBANK:

That item was wrapped in white paper and the paper was sealed with that--that two-inch tape that I referred to earlier, that brown tape.

372 MS. CLARK:

Was--was that carpet piece completely covered?

373 MS. BROCKBANK:

Yes. I didn't see any exposed areas.

374 MS. CLARK:

And did the tape completely seal it?

375 MS. BROCKBANK:

Umm, it--it--yeah, it sealed the open edges.

376 MS. CLARK:

So there was no openings in the container, the paper that was wrapping the item no. 33 carpet?

377 MS. BROCKBANK:

None that I noticed.

378 MS. CLARK:

Now, the other items that are listed in the--as being in that box, were any of those items either hair or fiber items?

379 MS. BROCKBANK:

No, not that I am aware of.

380 MS. CLARK:

Well, you inventoried the box, did you not?

381 MS. BROCKBANK:

Yes, I did. I didn't open every single item. I just inventoried the packages--

382 MS. CLARK:

Okay.

383 MS. BROCKBANK:

--that were in that box.

384 MS. CLARK:

And with respect to the--then everything in the box was individually wrapped; is that correct?

385 MS. BROCKBANK:

Yes.

386 MS. CLARK:

In what?

387 MS. BROCKBANK:

Some of the items were in coin envelopes. The items mentioned before were, you know, item 33 was wrapped. The other items were in brown paper bats and the rest of the items were in coin envelopes which were also taped closed.

388 MS. CLARK:

So everything was individually wrapped and sealed?

389 MS. BROCKBANK:

Yes.

390 MS. CLARK:

With respect to the gloves, item 9, item--let me ask you this: This box no. 2, did you get this from shelf storage or from the freezer?

391 MS. BROCKBANK:

Umm, box no. 2 was frozen stored, so it was in the freezer.

392 MS. CLARK:

So the items that you recovered from that box, were they frozen?

393 MS. BROCKBANK:

Yes, they were.

394 MS. CLARK:

And the gloves, item 9 and item 37, were they frozen?

395 MS. BROCKBANK:

Yes, they were.

396 MS. CLARK:

You examined them on June 21st, did you not?

397 MS. BROCKBANK:

Yes, I did.

398 MS. CLARK:

When you first examined them, were they frozen?

399 MS. BROCKBANK:

They had been frozen.

400 MS. CLARK:

And dried?

401 MS. BROCKBANK:

Yes. They were dry.

402 MR. BLASIER:

Your Honor, I'm going to object, lack of foundation, vague as to time.

403 THE COURT:

Overruled.

404 MS. CLARK:

Was there anything else in this box other than the items--the item numbers that are shown here?

405 MS. BROCKBANK:

That are listed on that label?

406 MS. CLARK:

Right.

407 MS. BROCKBANK:

No. Those are the only items that were in that box.

408 MS. CLARK:

Now, was there a box within that box?

409 MS. BROCKBANK:

Yes.

410 MS. CLARK:

And what was that marked, if you recall?

411 MS. BROCKBANK:

Umm, I believe it was marked "Red stains."

412 MS. CLARK:

Was it sealed?

413 MS. BROCKBANK:

I don't believe it was.

414 MS. CLARK:

Was it closed?

415 MS. BROCKBANK:

Yes, I believe was just folded over at the top.

416 MS. CLARK:

And what was inside it?

417 MS. BROCKBANK:

Several coin envelopes.

418 MS. CLARK:

And marked as containing?

419 MS. BROCKBANK:

I didn't make any notation of specifically what they were containing, but they were individual coin envelopes and they were all individually sealed and numbered.

420 MS. CLARK:

Were those blood swatches in those coin envelopes?

421 MR. BLASIER:

Objection, objection, no foundation.

422 THE COURT:

Sustained.

423 MS. CLARK:

Do you know what was inside the coin envelopes?

424 MR. BLASIER:

Objection, asked and answered.

425 THE COURT:

Overruled.

426 MS. BROCKBANK:

Umm, I referred to a property report to look and see what item listed on that property report corresponded to the numbers that I saw, and they were listed as red stains.

427 MS. CLARK:

In the property report?

428 MS. BROCKBANK:

I believe it was red stains.

429 MS. CLARK:

Are you sure?

430 MS. BROCKBANK:

Or cloth swatches, I'm sorry. Can I look to see what I wrote?

431 MS. CLARK:

Please.

432 MS. BROCKBANK:

(Witness complies.) Umm, I wrote on my notes just "Red stains," but I don't know exactly how they were listed in the property report, if they were red stains or cloth swatches.

433 MS. CLARK:

Did you--did you do--did you make an effort to look at the property report at the time that you had contact with this box on the 21st to verify what was in those coin envelopes?

434 MS. BROCKBANK:

Not on that day, no.

435 MS. CLARK:

At some subsequent time did you?

436 MS. BROCKBANK:

Yes.

437 MS. CLARK:

Do you currently recall what you read in the property report?

438 MS. BROCKBANK:

No.

439 MS. CLARK:

Would it refresh your memory if you saw the property report.

440 MS. BROCKBANK:

Yes.

441 MS. CLARK:

Your Honor, I'm going to show the witness--

442 MR. BLASIER:

Excuse me, your Honor.

443 THE COURT:

Yes. What item?

444 MS. CLARK:

I'm sorry--

445 THE COURT:

What item?

446 MS. CLARK:

With respect to--

447 THE COURT:

What are you showing her?

448 MS. CLARK:

I'm showing her property reports, your Honor.

449 THE COURT:

All right.

450 MS. CLARK:

For items 1 through 8 and then items 11 through 14 and then items 20 through 34, 37 to 39, 41 to 45, 47 to 52, 54 to 57.

451 MS. CLARK:

Does that refresh your memory?

452 MS. BROCKBANK:

Yes.

453 MS. CLARK:

And what is--what is the description of what was contained in the coin envelopes that you used to conduct the inventory?

454 MS. BROCKBANK:

Umm, the description in the property report is "Cloth watch or cloth swatches used to"--

455 MR. BLASIER:

I'm sorry.

456 MS. BROCKBANK:

--"Used to transfer red stain."

457 MS. CLARK:

And those were all sealed up in their own coin envelope in that box marked "Red stains"?

458 MS. BROCKBANK:

Yes.

459 MR. BLASIER:

Excuse me, your Honor. May I look at those again?

460 THE COURT:

Sure.

461 (Brief pause.)
462 MS. CLARK:

The other items that were not cloth swatches, were any of those hair or trace or fiber items?

463 MS. BROCKBANK:

No, they were not.

464 MS. CLARK:

So there was--do you recall seeing a stick?

465 MS. BROCKBANK:

Again, all I saw was the outer packaging. I didn't know at that time what was in those packages. I only found out by checking the property report and seeing "Stick."

466 MS. CLARK:

Okay. All right. Now, the plaid cap, the picture of that you saw on the Bronco, and the blue knit cap, were those individually packaged and sealed when you contacted them in the box?

467 MS. BROCKBANK:

Yes, they were.

468 MS. CLARK:

Were there any hair samples of either victims Ron Goldman or Nicole Brown or the Defendant in that box?

469 MS. BROCKBANK:

No, there was not.

470 MS. CLARK:

Now, when I say "Hair sample," are you familiar with the collection--the manner of collection of hair samples from victims of the homicide at the Coroner's office?

471 MS. BROCKBANK:

Yes.

472 MS. CLARK:

And are those samples--are samples taken from victims of homicides and packaged by the Coroner's office and sent to you for examination on a routine basis?

473 MS. BROCKBANK:

Yes, they are.

474 MS. CLARK:

And those samples were not in this box?

475 MS. BROCKBANK:

No, they were not.

476 MS. CLARK:

And nor was the Defendant's, correct?

477 MS. BROCKBANK:

That's correct.

478 MS. CLARK:

Now, the item of carpet, the no. 33 that you referred to, and you identified in the Bronco, did you touch that item on June 21st?

479 MS. BROCKBANK:

Umm, the touch--I touched it just in the course of inventorying what was in that box. It is a rather large item and I moved it around a little bit to get to some of the other items that were in the box, but I didn't actually take it out of the box.

480 MS. CLARK:

Did you open it or tear the paper covering it in any manner?

481 MS. BROCKBANK:

No, not on that day.

482 MS. CLARK:

All right. After doing the inventory of the box, did you assure yourself that it did contain what it was listed to contain on that tag?

483 MS. BROCKBANK:

Yes, I did.

484 MS. CLARK:

And what did you do next?

485 MS. BROCKBANK:

Umm, I believe I began by examining the cap, item no. 27, and--

486 MS. CLARK:

Before beginning did you take any precautions or make any preparations?

487 MS. BROCKBANK:

Yes. Again I covered lab bench. I put out a clean piece of white paper and then I removed the item 27 from the box, which was a paper bag, which was taped, you know, folded over and taped, opened the bag over that white paper, and removed from the bag that brown cap.

488 MS. CLARK:

Okay. Were you wearing clean gloves?

489 MS. BROCKBANK:

Yes, I was.

490 MS. CLARK:

Now, at the time that you begin that kind of examination, what is your purpose? Why are you examining that item of evidence?

491 MS. BROCKBANK:

I was asked to examine these items and remove any trace evidence, things like hairs and fibers or other debris that were on any of these items.

492 MS. CLARK:

And in order to collect hair and fibers from a given item, do you have some kind of container that you always use?

493 MS. BROCKBANK:

I use a paper bindle, so I have basically a white pad of paper that I use, I tear off sheet and before I started I kind of pre-folded some, so that I had bindles all ready to go, and those were set aside, and so, umm, I took one of those bindles, had it out on the lab bench when I was examining the item.

494 MS. CLARK:

And the first item that you examined was the cap, item no. 27?

495 MS. BROCKBANK:

Yes.

496 (Brief pause.)
497 MS. CLARK:

People's 439.

498 MS. CLARK:

And that is the cap that you--that was the first item that you examined in this case?

499 MS. BROCKBANK:

Well, after item 19, yes.

500 MS. CLARK:

I'm sorry, yes. Item 19 was--when you examined that item, that had already been removed from a piece of evidence, correct?

501 MS. BROCKBANK:

Right, that's correct.

502 MS. CLARK:

So is this the first piece of evidence item that you yourself examined in this case?

503 MS. BROCKBANK:

For the sake of collecting trace evidence off of, yes.

504 MS. CLARK:

Yes, I'm sorry. Thank you. And what is the method that you used to collect hair or fibers from this item?

505 MS. BROCKBANK:

Umm, basically it is picking--just using my hand, sometimes tweezers if my hands just don't quite have the dexterity I need, and picking off the hairs and fibers that I see. When I'm dealing with garments, things like hats, clothing, I will actually kind of physically roll the item and look very carefully across the top surface and see hairs or fibers that are kind of protruding, pick those off and place them into the paper bindle. And when I'm done picking everything that I can see, then I will just gently kind of shake and scrape that item over that white piece of paper. If anything falls off, then I also add that to the bindle.

506 MS. CLARK:

And did you--the bag--excuse me, the cap, when you first retrieved it from the box, you said it was contained in a bag that was taped shut?

507 MS. BROCKBANK:

Yes.

508 MS. CLARK:

Before actually examined the cap, what, if any, did you do with that bag that it was in? Did you look inside it?

509 MS. BROCKBANK:

Umm, as I'm removing the cap from the bag, I looked inside to see if there are any loose hairs or fibers in the bag as well. Sometimes hairs or fibers will fall off of an item and remain in the bag.

510 MS. CLARK:

And did you do that in this case?

511 MS. BROCKBANK:

Yes, I did.

512 MS. CLARK:

And did you see any items of hair or fiber or trace remaining in the bag when you removed the cap?

513 MS. BROCKBANK:

No, I don't believe I did.

514 MS. CLARK:

After you collected the fiber and hair from the cap in the manner you've described, into the bindle, what did you do next?

515 MS. BROCKBANK:

When I was done with my examination I replaced the cap into its paper bag and then I basically fold the white examination paper that I'm--that I'm working on, I will fold it and tap the side so any loose fibers or hairs that may be there will kind of fall in based on kind of like a funnel effect. Tap the side and gravity helps and the things fall down into that crease and I crease it the opposite way so that I get everything in that very localized area on that white piece of paper and take those items and place them in the bindle.

516 MS. CLARK:

You literally pick up whatever debris has fallen into the funnel created by the crease?

517 MS. BROCKBANK:

Right.

518 MS. CLARK:

You put that into the bindle?

519 MS. BROCKBANK:

Right. Make sure there is nothing else remaining on that white piece of paper, and the bindle is placed into a coin envelope. I mark the bindle with some identifying information. I mark the coin envelope with some identifying information, place the bindle into the coin envelope. I fold over the top flap and then I remove the white piece of paper, discard it along with my gloves, and go on to the next item.

520 MS. CLARK:

Okay. Before you mark on the bindle, do you fold it up?

521 MS. BROCKBANK:

Yes.

522 MS. CLARK:

Before folding it up do you check your gloves to see if there is any remaining hair or trace remaining on them?

523 MS. BROCKBANK:

Yes.

524 MS. CLARK:

Do you check the paper that the cap had been on and the bindle had been on before you fold up the bindle?

525 MS. BROCKBANK:

Yes.

526 MS. CLARK:

Again for hair and trace that may have strayed off?

527 MS. BROCKBANK:

Yes.

528 MS. CLARK:

After folding up the bindle, do you recall what you marked on it?

529 MS. BROCKBANK:

Umm, not specifically, but probably something like, you know, "Hairs and fibers removed from cap, item 27," my initials, the date, the DR number.

530 (Discussion held off the record between the Deputy District Attorneys.)
531 MS. CLARK:

If I show you a photograph, would it sharpen up your memory a little?

532 MS. BROCKBANK:

Sure, it would.

533 MS. CLARK:

Okay. This is the item no. 111 that is already on the board marked People's 436, your Honor.

534 THE COURT:

All right.

535 (Brief pause.)
536 MS. BROCKBANK:

Well, this is--shows the back of that coin envelope and then the bindle, which is a little difficult to read.

537 MS. CLARK:

Can we zoom in?

538 MS. CLARK:

Okay. The bindle is where in this photograph?

539 MS. BROCKBANK:

It is in the lower right-hand corner just above the ruler, that white kind of square piece of paper with a lot of writing on it.

540 MS. CLARK:

Uh-huh, and the coin envelope next to it, that is what you put it into?

541 MS. BROCKBANK:

Yes.

542 MS. CLARK:

And what is that white envelope doing there?

543 MS. BROCKBANK:

The white envelope is an analyzed evidence envelope that I then place that coin envelope into.

544 MS. CLARK:

We are going to zoom in. All right. Okay. The coin envelope is now centered.

545 MS. CLARK:

Do you recognize that handwriting?

546 MS. BROCKBANK:

Yes. That is my writing.

547 MS. CLARK:

And what does it say?

548 MS. BROCKBANK:

It says "Trace evidence removed from cap, item no. 27, by S.A. Brockbank, E9110 on 6/21/94."

549 MS. CLARK:

S.A. Brockbank, that is you?

550 MS. BROCKBANK:

That is me.

551 MS. CLARK:

All right. Now, moving over to the bindle, do you recognize that writing?

552 MS. BROCKBANK:

Yes. Again that is my writing.

553 MS. CLARK:

"Removed from cap item no. 27 by S.A.B.," that is all what you wrote?

554 MS. BROCKBANK:

Yes.

555 MS. CLARK:

And on June the 21st, `94, as well?

556 MS. BROCKBANK:

Yes.

557 MS. CLARK:

Okay. There is a "Q4" and writing on the lower left-hand corner of that bindle?

558 MS. BROCKBANK:

Yes, there is.

559 MS. CLARK:

Whose is that?

560 MS. BROCKBANK:

Umm, that is writing placed on there by Doug Deedrick and his initials are below that.

561 MS. CLARK:

Now, there is a number on that, 94-0817431?

562 MS. BROCKBANK:

Yes.

563 MS. CLARK:

What is that?

564 MS. BROCKBANK:

That is the DR number of this case.

565 MS. CLARK:

And the item no. 111?

566 MS. BROCKBANK:

That is the item number that--that these hairs and fibers were later booked as by me.

567 MS. CLARK:

So you take an evidence item from a crime scene, for example, in this case, the cap, okay, item no. 27. When you remove hair and fiber you give that hair and fiber that you recovered from that piece of evidence a new number?

568 MS. BROCKBANK:

That's correct.

569 MS. CLARK:

And in this case it was 111?

570 MS. BROCKBANK:

Yes.

571 MS. CLARK:

All right. After you repackaged--after you packaged this actually into the bindle and into the coin envelope, where did you put the coin envelope?

572 MS. BROCKBANK:

Umm, the coin envelope then went into that larger analyzed evidence envelope that you see and then that was set aside on my work bench while I went to the next item.

573 MS. CLARK:

And what did do you with the cap?

574 MS. BROCKBANK:

Umm, the cap had already been replaced into its paper bag, which was folded over and taped closed, and I returned that to the box.

575 MS. CLARK:

Which was the item that you next looked at?

576 MS. BROCKBANK:

Umm, the next item was the knit cap, item no. 38.

577 MS. CLARK:

Before you looked at it, did you take any precautions to make sure the area was clean from anything that you might possibly have missed after creasing, folding and everything else?

578 MS. BROCKBANK:

Yeah. I--well, I discarded that white piece of paper that I was working on, changed my gloves, placed down a new white piece of paper and put on new gloves before I looked at the next item.

579 MS. CLARK:

And the next item, item no. 38, that was the blue knit cap?

580 MS. BROCKBANK:

Yes.

581 MS. CLARK:

And what manner was it packaged in when you first saw it?

582 MS. BROCKBANK:

It was packaged in a paper bag which had been folded over and taped closed.

583 MS. CLARK:

And after you removed--you removed it from the bag, I take it?

584 MS. BROCKBANK:

Yes, I did.

585 MS. CLARK:

And what did you do next?

586 MS. BROCKBANK:

Umm, similar to how I examined the first cap, I removed the--the knit cap from the bag, placed it on my white piece of paper, again rolling it and looking, you know, very carefully over every inch of the hat, I removed hairs and fibers from the exterior of the hat, placed those into a paper bindle. And then I turned the cap inside out and I removed, you know, using the same process, removed hairs and fibers from the inside of the cap. I placed those in a separate paper bindle, marked the paper bindle from the inside, "Hairs and fibers removed from inside of cap," marked the paper bindle from the outside, "Hairs and fibers removed from outside of cap."

587 MS. CLARK:

Now, you started with the outside of the cap then?

588 MS. BROCKBANK:

Yes.

589 MS. CLARK:

Before you even looked at the outside of the cap did you look into the bag that had contained the cap?

590 MS. BROCKBANK:

Yes, I did.

591 MS. CLARK:

Did you see any hair and trace inside the bag that held the cap?

592 MS. BROCKBANK:

Umm, I don't believe I did.

593 MS. CLARK:

After you--you created the bindle for the--let me ask you this: You recovered hair and fiber from the exterior of the cap by picking?

594 MS. BROCKBANK:

Yes.

595 MS. CLARK:

And then did you scrape it with your hand gently?

596 MS. BROCKBANK:

Umm, not initially, not until I had already looked on the inside of the cap also. I didn't want to disturb any--anything that might be loose on the inside of the cap, so I removed everything I could by picking first from both inside and outside and then I went back and just gently kind of scraped and, you know, saw if anything came off.

597 MS. CLARK:

So when you first looked at the exterior and the interior, you did not shake or scrape the cap?

598 MS. BROCKBANK:

No.

599 MS. CLARK:

After you picked off whatever you could see from the exterior of the cap, you put that into a bindle, did you?

600 MS. BROCKBANK:

Yes.

601 MS. CLARK:

Did you change paper or gloves before going on to the interior?

602 MS. BROCKBANK:

No.

603 MS. CLARK:

And why not?

604 MS. BROCKBANK:

Umm, I was still examining the same item. There was really no reason to change gloves. Nothing that I saw.

605 MS. CLARK:

Did you make any effort to examine the paper or your gloves after you picked off the exterior trace of hair?

606 MS. BROCKBANK:

Yes. There was nothing remaining on the paper and nothing remaining on my gloves.

607 MS. CLARK:

Did you fold up the bindle containing the exterior hair or trace before you moved on to the interior?

608 MS. BROCKBANK:

Umm, yes. That bindle was folded up and placed into a coin envelope, kind of set aside while I looked at the other--the inside of the cap.

609 MS. CLARK:

Okay. And then after you looked at the inside of the cap, did you examine the paper and your gloves for any remaining hair or trace that might not have been collected into the bindle?

610 MS. BROCKBANK:

Yes.

611 MS. CLARK:

Did you see any?

612 MS. BROCKBANK:

No.

613 MS. CLARK:

And then did you fold up the interior bindle?

614 MS. BROCKBANK:

Umm, when I had it inside out, I actually did do the little scraping. There is no sense in turning it inside out, you know, twice, so I just did that and placed that in the bindle, then I folded up the bindle.

615 MS. CLARK:

Okay.

616 MS. BROCKBANK:

Then I turned the cap right outside and kind of gently scraped and shook the outside.

617 MS. CLARK:

So did you create a third bindle for that?

618 MS. BROCKBANK:

No.

619 MS. CLARK:

What did you do with the hair and trace that came off when you did the last scraping of the outside?

620 MS. BROCKBANK:

Put that back in the bindle marked "Exterior."

621 MS. CLARK:

And after--okay. So you picked off the exterior, then you turned it inside south and picked off the interior?

622 MS. BROCKBANK:

Yes.

623 MS. CLARK:

And then you scraped the interior?

624 MS. BROCKBANK:

Yes.

625 MS. CLARK:

After you scraped the interior and completed putting everything into that bindle, you examined the paper and your gloves for hair and trace?

626 MS. BROCKBANK:

Yes.

627 MS. CLARK:

And there was none?

628 MS. BROCKBANK:

Right.

629 MS. CLARK:

Then you went back and scraped the exterior?

630 MS. BROCKBANK:

Yes.

631 MS. CLARK:

And that hair and trace went into the exterior bindle?

632 MS. BROCKBANK:

Yes.

633 MS. CLARK:

All right. After that, did you examine the paper and your gloves for any hair or trace?

634 MS. BROCKBANK:

Yes.

635 MS. CLARK:

Was there any?

636 MS. BROCKBANK:

No.

637 MS. CLARK:

And then what did you do?

638 MS. BROCKBANK:

Umm, then the cap was--well, I kind of forgot, I--I always initial the evidence that I examine, so on item 27, before replacing the cap into the bag, I put my initials on--usually I try and mark on the tag of the item, so I marked that cap, but then on 38 there is a tag on the inside which I marked with my initials, then I replaced it into the bag that it came from, fold it over and tape it closed.

639 MS. CLARK:

That is the bag itself?

640 MS. BROCKBANK:

Yes.

641 MS. CLARK:

So you initial the actual evidence items themselves when you examine them for hair and trace?

642 MS. BROCKBANK:

Yes.

643 MS. CLARK:

You did that for 27 and 38?

644 MS. BROCKBANK:

Yes.

645 MS. CLARK:

With respect to the bindles that you created, did you put them both in one coin envelope?

646 MS. BROCKBANK:

Yes, I did.

647 MS. CLARK:

Were they closed up before you put them into the coin envelope?

648 MS. BROCKBANK:

Yes, they were.

649 (Discussion held off the record between the Deputy District Attorneys.)
650 MS. CLARK:

I'm showing the photograph, your Honor, that is already depicted, I believe, on our chain board.

651 THE COURT:

All right. This has to do with item 112.

652 MS. CLARK:

112, your Honor. I'm sorry, it is 113. It should be 113.

653 MS. BROCKBANK:

I'm sorry, on the knit cap I believe I separated the interior from the exterior and put them in separate coin envelopes, not the same coin envelope.

654 MS. CLARK:

Okay.

655 (Discussion held off the record between the Deputy District Attorneys.)
656 MS. CLARK:

Let me change photographs, your Honor.

657 (Brief pause.)
658 MS. CLARK:

All right. This is the photograph for item no. 113 on the chain board which shows hair and trace from no. 38, we have referred to the blue knit cap. Are you looking at that photograph?

659 MS. BROCKBANK:

Yes.

660 MS. CLARK:

You see there is a blue thing down at the bottom of the photograph in the lower left-hand corner?

661 MS. BROCKBANK:

Yes.

662 MS. CLARK:

What is that?

663 MS. BROCKBANK:

Umm, we call them slide mailers. It is basically a container that we place mounted slides, those are slides with hairs mounted on them, to protect the slide, so that, you know, you don't just drop a glass side into an envelope and expect it to stay intact, so it can get broken very easily, so we have these plastic containers and we also have some cardboard containers that we will place those slides into to protect them when they are being transported and stored and that sort of thing.

664 MS. CLARK:

I have two photographs.

665 MR. BLASIER:

Counsel, what number is that?

666 MS. CLARK:

That is just from the chain board. I'm not marking those individually because they are already on 426.

667 (Discussion held off the record between Deputy District Attorney and Defense counsel.)
668 MR. BLASIER:

Can we have that one marked, your Honor?

669 THE COURT:

Mr. Fairtlough, can we print this out? It is available.

670 (Peo's 426-A for id = photograph)
671 THE COURT:

Miss Clark.

672 (Discussion held off the record between Deputy District Attorney and Defense counsel.)
673 MS. CLARK:

I have a photograph, your Honor, ask that it be marked People's next in order, 442.

674 (Peo's 442 for id = photograph)
675 MS. CLARK:

Can you tell us if you recognize what is shown in this photograph?

676 MS. BROCKBANK:

Umm, there is--at the top of the screen there is a large--well, larger coin envelope with my markings, 94-0817431, item no. 113 and S.A.B., which is an envelope that I placed the other envelopes, which aren't on the screen any more, but were on the screen a second ago.

677 MS. CLARK:

Let's pull back a little bit here.

678 MS. BROCKBANK:

Yeah.

679 MS. CLARK:

All right. That is a larger manila type envelope that you just identified?

680 MS. BROCKBANK:

Yes.

681 MS. CLARK:

Below that you see some other things?

682 MS. BROCKBANK:

Right. Off to the left is a large white paper bindle which I removed--that is actually a bindle that I placed debris. I believe there were like leaves and plant material on the exterior of the hat, and I placed those into that bindle.

683 MS. CLARK:

That has a separate item number, doesn't it?

684 MS. BROCKBANK:

Umm, no. It is also item no. 113, which is what I booked those items as.

685 MS. CLARK:

Okay. You packaged the soil and the leaves separately?

686 MS. BROCKBANK:

Yes, I did.

687 MS. CLARK:

Okay. That is what is contained in that larger white package?

688 MS. BROCKBANK:

Yes.

689 MS. CLARK:

Then off to the right of that there are three small appear to be white bindles?

690 MS. BROCKBANK:

Right.

691 MS. CLARK:

Can you tell us what those are?

692 MS. BROCKBANK:

Umm, those are--are three bindles that--well, when I initially examined the hat, I put the hairs from the exterior in one bindle and the hairs from the interior in a separate bindle and then each of those bindles went into those two coin envelopes that you see in the lower right portion of the screen.

693 MS. CLARK:

So did you separate then the bindle for the exterior from the bindle from the interior into separate coin envelopes?

694 MS. BROCKBANK:

Yes, I did.

695 MS. CLARK:

Do you want to correct that when you said earlier you didn't?

696 MS. BROCKBANK:

Right. That is what I said a couple minutes ago.

697 MS. CLARK:

Right. Then there is a third bindle there. Did you create that at some later point?

698 MS. BROCKBANK:

Yes.

699 MS. CLARK:

How did you do that?

700 MS. BROCKBANK:

Well, at a later point I was asked to separate the darker pigmented hairs from the lighter ones. There was some hairs that appeared to be blond in color, very light, and then there was some dark black to brown hairs. I was asked to separate those from the animal hairs, so there became now three bindles instead of just the one. One has the dark-colored hairs in it and one has the light-colored hairs in it and one has the animal hairs in it.

701 MS. CLARK:

Lots of stuff on that hat?

702 MS. BROCKBANK:

Yeah.

703 MS. CLARK:

Did you somehow designate, when you did that, where those hairs came from on the cap, when you had to regroup them?

704 MS. BROCKBANK:

Umm, well, I marked each of those--each of those bindles, and I--the markings are there, and you know, very basic descriptions of the hairs. The top one you can see: "Seven blond lightly pigmented hairs, no roots from outer surface of knit cap, item 38, separated by S.A.B.," those are my initials, "On 6/23/94." Those were separated from the original bindle and placed into that bindle. And then the second bindle down, thank you: "Four dark brown to black hairs, including one with fleshy root intact." I was also asked to see if hairs had roots or if they were just fragments of hairs which meant they were broken or cut or in some way the root detached from them, so I noted that there was one with a root. And then: "From outer surfaces of knit cap, item no. 38, separated by S.A.B., 6/23/94." And then the third bindle you can't really read what is on it, but it is--you can see part of it. It is "Animal hairs and fibers."

705 MS. CLARK:

All right. Did you make notations on the coin envelopes depicting what was--which bindle was in which envelope?

706 MS. BROCKBANK:

On the coin envelopes? I noted that--well, the one on the right you can see, says "Inside cap surfaces." The one on the left is covered up by one of the bindles, but it said, "Outside cap surfaces" which were exterior of the cap and interior of the cap.

707 MS. CLARK:

All right. After you put the one--at that point it was just two bindles; one bindle in each?

708 MS. BROCKBANK:

That's correct.

709 MS. CLARK:

Coin envelope and you wrote on the coin envelope. What did you do with them, the coin envelopes?

710 MS. BROCKBANK:

I folded over the top of the coin envelope, placed those in that analyzed evidence envelope that I had set aside, when I--when I examined the first cap, placed it in there with that cap. Actually--well, it was inside that larger--I'm sorry, those two went inside the larger and the--let me start over. The two coin envelopes and the bindles inside them, along with the larger white bindle you see on the left, were all placed in that larger envelope up at the top of the screen, then that was placed into the analyzed evidence envelope that I had set aside after examining the first cap.

711 MS. CLARK:

A box within a box within a box?

712 MS. BROCKBANK:

Yes.

713 MS. CLARK:

Had you at this point opened that package containing the Bronco carpet, item no. 33?

714 MS. BROCKBANK:

Had I what, I'm sorry?

715 MS. CLARK:

Had you touched or had you opened that carpet--that piece of carpet, item no. 33 that you described earlier as being encased in paper?

716 MS. BROCKBANK:

No, I had not opened it at that time.

717 MS. CLARK:

All right. What did you do with the blue knit cap after you completed all of this?

718 MS. BROCKBANK:

It was placed back into the paper bag that it came from and the tape bag was folded over, taped closed and put back into the box that it came out of.

719 MS. CLARK:

Okay. And taped shut again?

720 MS. BROCKBANK:

Yes.

721 MS. CLARK:

Did you move on to the next item of evidence at that point?

722 MS. BROCKBANK:

Yes.

723 (Discussion held off the record between the Deputy District Attorneys.)
724 MS. CLARK:

And what was that?

725 MS. BROCKBANK:

Umm, the glove, item no. 9.

726 MS. CLARK:

The glove from Rockingham?

727 MS. BROCKBANK:

Well, both of the gloves, item no. 9 and then item no. 37.

728 MS. CLARK:

What did you do to prepare for the examination of those items?

729 MS. BROCKBANK:

Umm, again that piece of paper, my working surface from the previous item was discarded, my gloves were discarded, and a new piece of paper was laid down and I applied new gloves. And then I took that glove, item no. 9, removed it from the bag and began my examination on it.

730 (Discussion held off the record between the Deputy District Attorneys.)
731 MS. CLARK:

I'm sorry.

732 THE COURT:

Item no. 9.

733 MS. CLARK:

Yes.

734 THE COURT:

Perhaps this would be a good spot before we move on to that.

735 MS. CLARK:

All right.

Temperature

procedural

Key Quotes (4)

Susan Brockbank
The water had kind of a reddish tinge to it because all of those hairs appeared to be encrusted with blood when I was examining them. There was a lot of blood on them.
Key physical observation linking trace evidence from the Rockingham glove directly to blood, supporting the prosecution's narrative.
Susan Brockbank
No. 9 is a glove... I believe that was the glove recovered from Rockingham.
Establishes the chain of custody connecting the bindle of hair (item 19) to the Rockingham glove specifically.
Susan Brockbank
I washed down the lab bench with a dilute bleach solution just to clean the lab bench, and then I cover the lab bench with white butcher paper... Between items that I examined I changed that paper, put down a new piece of paper.
Core chain-of-custody testimony establishing contamination-prevention procedures, preemptively countering defense challenges.
Susan Brockbank
I marked the paper bindle from the inside, 'Hairs and fibers removed from inside of cap,' marked the paper bindle from the outside, 'Hairs and fibers removed from outside of cap.'
Shows methodical separation of interior vs. exterior trace evidence from the knit cap, maintaining evidentiary integrity.

Evidence (13)

People's 436
Photograph of evidence box no. 1 with multiple evidence seals
Introduced, used to orient witness to items within box
People's 437 / 437-A
Photograph and close-up of evidence tag on box no. 1 listing item numbers
Introduced to identify box contents
People's 438 / 438-A
Photograph and close-up of evidence tag on box no. 2 (freezer box)
Introduced to identify frozen evidence contents
People's 439
Photograph of brown checkered cap (item no. 27)
Introduced, identified by witness
People's 440 / 440-A
Photograph of Bronco carpet piece (item no. 33) showing rubber mat and apparent blood stain
Introduced; witness identified stained area as appearing to be blood
People's 441
Photograph of dark blue/black knit watch cap (item no. 38)
Introduced, identified by witness
+ 7 more

Notable Exchanges (3)

Marcia ClarkRobert BlasierLance A. Ito
Clark repeatedly tried to establish through Brockbank that item 33 came from OJ Simpson's Bronco; Blasier objected twice (leading, no foundation) and both were sustained. Clark then successfully elicited that Brockbank understood it came from 'Mr. Simpson's Bronco,' but that answer was also stricken on Blasier's motion.
strategic
Marcia ClarkSusan Brockbank
Extended walk-through of Brockbank's anti-contamination protocol — bleaching surfaces, changing paper and gloves between items, checking gloves periodically — clearly designed to preempt defense challenges to evidence handling.
strategic
Marcia ClarkSusan Brockbank
Clark asked about the blood swatches/cloth swatches in the inner box marked 'Red stains'; Brockbank had to consult her notes and the property report and could not recall the exact wording, ultimately reading 'cloth swatches used to transfer red stain.'
revealing

Light Moments (2)

Lance A. Ito
Ito interjects to correct Clark's exhibit number mid-question ('Miss Clark, this is People's 437'), saving her from mislabeling the exhibit.
Susan Brockbank
Brockbank asks the court 'Should I start with my educational background?' before launching into an unprompted multi-minute career summary.

Credibility Attacks (2)

⚔ Susan Brockbank
Foundation challenges / implicit competence challenge
Blasier repeatedly objected to Brockbank testifying about where specific items were collected (Bronco, bedroom), suggesting she lacked personal knowledge and was relaying information rather than direct observation. Two answers were stricken.
⚔ Susan Brockbank
Implicit attack via memory lapses
Brockbank repeatedly could not recall specifics without her notes — item origins, exact property report language, how items were described — requiring multiple note consultations and refreshing with property reports, slightly undermining her authority as the primary trace examiner.

Witness Demeanor

(Witness complies.) [multiple times, getting up to point at board]
(Witness consults notes on multiple occasions)
Methodical and self-correcting; voluntarily corrects 'bags' to 'envelopes' mid-testimony

Objections

8 objections (4 sustained, 3 overruled)
Proceeding 7917 • 735 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 JUN 27, 1995 📄 Direct examination of Susan Br
JUN 27, 1995 KRT DvH TD