Day 105 — Wednesday, June 28, 1995

Defense Challenges Evidence Handling; Court Orders Overnight Exhibit Review

Judge Lance A. Ito • Criminal Trial • 23 proceedings • 2381 lines

Appearing:

🔬 Susan Brockbank 🛡️ Robert Blasier 🏛️ Marcia Clark ⚖️ Lance A. Ito 🛡️ F. Lee Bailey 🛡️ Johnnie Cochran 🔬 Douglas Deedrick 🛡️ Peter Neufeld 🏛️ Rockne Harmon 🏛️ Christopher Darden 🏛️ Jonathan Fairtlough

tense

Defense counsel used Susan Brockbank's cross-examination to probe the limits of hair and fiber comparison, possible evidence transfer and cross-contamination, glove sizing, and differences between Brockbank's hair counts and what the FBI later found in bindles. Judge Ito separately ruled that FBI comparison photographs were evidence and ordered the boards left overnight for defense review, with Douglas Deedrick required to remain and consult. The court also required prosecution communications with defense expert Dr. Mullis to go through defense counsel. Clark's redirect used June 14 photographs to address the Rockingham glove's condition before Brockbank examined it.

Robert Blasier elicited that the wrapped Bronco carpet sample was stored in the same box as the Rockingham and Bundy gloves and knit cap, and questioned Brockbank about the possibility of fiber cross-contamination.
Brockbank testified that she observed no debris in identified Coroner's office bags for Goldman's pants and socks and Nicole's dress and panties, although she would expect debris from heavily soiled clothing.
Judge Ito ruled that the FBI hair-and-fiber photographs were evidence rather than merely demonstrative exhibits and ordered the boards left in the courtroom overnight for defense review.
Judge Ito ordered FBI expert Douglas Deedrick to remain and consult with defense counsel, while the exhibit boards were left in the courtroom overnight.
Brockbank agreed that more hairs were found in the bindles after they reached the FBI in Washington than she had counted.
Judge barred prosecutor Rockne Harmon from directly contacting defense DNA expert Dr. Mullis, requiring all communications go through defense counsel.
Blasier demonstrated that the evidence gloves were substantially smaller than new extra-large Aris Isotoner gloves, raising sizing questions.
Blasier asked about possible alternative sources of hair and tan carpet fibers; Brockbank said she personally had not been asked to perform some of the proposed checks and qualified broader answers by the limits of her knowledge.

administrative Administrative matters 🎞️ 112 lines
witness examination Direct examination of Susan Brockbank 🎞️ 118 lines
witness examination Cross-examination of Susan Brockbank (part 1) 🎞️ 301 lines
sidebar Sidebar (1) 6 lines
witness examination Cross-examination of Susan Brockbank (part 2) 🎞️ 251 lines
administrative Administrative discussion 🎞️ 6 lines
administrative Jury recall 9 lines
witness examination Cross-examination of Susan Brockbank (part 3) 🎞️ 432 lines
sidebar Sidebar: videotape discovery 30 lines
witness examination Cross-examination of Susan Brockbank (part 4) 🎞️ 253 lines
administrative Recess 🎞️ 92 lines
witness examination Cross-examination of Susan Brockbank (part 5) 🎞️ 6 lines
witness examination Redirect examination of Susan Brockbank 🎞️ 33 lines
witness examination Direct examination of Susan Brockbank (part 2) 🎞️ 260 lines
witness examination Cross-examination of Susan Brockbank (part 6) 🎞️ 26 lines
witness examination Redirect examination of Susan Brockbank (part 2) 🎞️ 4 lines
administrative Witness excused 🎞️ 3 lines
motion hearing Motion: exhibit admission 🎞️ 276 lines
motion hearing Motion: discovery violations 🎞️ 118 lines
sidebar Sidebar: Grisham references 8 lines
administrative Jury admonition 🎞️ 2 lines
motion hearing Motion: witness contact 🎞️ 25 lines
administrative Adjournment 7 lines

Day 105 • 23 proceedings • 2381 lines

Criminal Trial

Department 103