📄 Cross-examination of Susan Brockbank (part 3) — Wednesday, June 28, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUN\28\CROSS-EXAMINATION-OF-SUSAN-BRO.DOC
TRIAL
▲ Day 105 of 167

Cross-examination of Susan Brockbank (part 3)

Witness: Susan Brockbank
Examiner: Robert Blasier
Called by: Prosecution • Date: Wednesday, June 28, 1995 • Utterances: 432
Defense attorney Robert Blasier cross-examined LAPD trace evidence examiner Susan Brockbank, methodically challenging the evidence handling procedures around key items — particularly that the large Bronco carpet sample (item 33) was stored in the same box as the Rockingham glove, Bundy glove, and knit cap, creating a potential fiber cross-contamination scenario. Blasier also highlighted that the Coroner's office bags supposedly containing Goldman's pants and socks, and Nicole's dress, were found completely empty of any debris — an anomaly Brockbank could not explain.
1 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. Miss Brockbank, would you resume the witness stand, please. And the record should reflect that we have been rejoined by all the members of our jury panel. All right. Mr. Blasier.

2 MR. BLASIER:

Thank you, your Honor. Miss Brockbank, ladies and gentlemen.

3 MR. BLASIER:

Miss Brockbank, I would like to ask you some questions about the carpet sample. That is item no. 33, is it not?

4 MS. BROCKBANK:

Yes.

5 MR. BLASIER:

Now, how large a sample was that or is it?

6 MS. BROCKBANK:

Umm, I didn't measure it, but it is probably two to three feet long and a foot and a half to two feet across.

7 MR. BLASIER:

It is a somewhat large and bulky item, is it not?

8 MS. BROCKBANK:

Yes.

9 MR. BLASIER:

You can't put it in an envelope?

10 MS. BROCKBANK:

No.

11 MR. BLASIER:

Would it be fair to say that it probably has thousands and thousands of fibers in it from the Bronco?

12 MS. BROCKBANK:

I would imagine so, yes.

13 MR. BLASIER:

Now, did you take note--when you ultimately examined it did you take note of the edges of where it was cut in terms of how much of the circumference around it was carpet as opposed to rubber matting? You know what I'm asking?

14 MS. BROCKBANK:

I know what you are asking and I believe all of it was.

15 MR. BLASIER:

Was carpet?

16 MS. BROCKBANK:

I believe so.

17 MR. BLASIER:

And did you make any note of what cutting device was used on the carpeting to see how rough or smooth the edge was?

18 MS. BROCKBANK:

No.

19 MR. BLASIER:

Is it your experience, in working with fiber evidence, that fibers from a carpet like that come off?

20 MS. BROCKBANK:

Yes.

21 MR. BLASIER:

And particularly if you cut along an edge of a carpet like that, it tends to cause things along the edges to fall off, too, doesn't it?

22 MS. BROCKBANK:

Yes.

23 MR. BLASIER:

Now, that item was too big to be stored in a bag, wasn't it?

24 MS. BROCKBANK:

Yes, it was.

25 MR. BLASIER:

So it was stored, the first time you saw it, it was wrapped up in a piece of paper?

26 MS. BROCKBANK:

That's correct.

27 MR. BLASIER:

And it was in box no. 2, right?

28 MS. BROCKBANK:

Yes, I believe so.

29 MR. BLASIER:

Do you want to double-check that?

30 MS. BROCKBANK:

Yes, if I could.

31 (Brief pause.)
32 MS. BROCKBANK:

Yes, it was in what I designated box no. 2.

33 MR. BLASIER:

When you first saw that it was June 21st, was it not?

34 MS. BROCKBANK:

Yes.

35 MR. BLASIER:

Did you get box no. 2 from the evidence control unit?

36 MS. BROCKBANK:

Yes, I did.

37 MR. BLASIER:

And you took it in--where did you take it first?

38 MS. BROCKBANK:

Into the trace unit.

39 MR. BLASIER:

And you opened the box and this large thing in paper was there?

40 MS. BROCKBANK:

Yes.

41 MR. BLASIER:

And it was there in the same box as several other evidence items, correct?

42 MS. BROCKBANK:

Yes.

43 MR. BLASIER:

Was it your intent at that time to examine the carpet?

44 MS. BROCKBANK:

Umm, not at that time, no.

45 MR. BLASIER:

What was your purpose in opening box no. 2 at that time?

46 MS. BROCKBANK:

Umm, to examine the two gloves and the two hats that were also in that box.

47 MR. BLASIER:

Had you been given some instructions to examine just those items and no other items?

48 MS. BROCKBANK:

Yes.

49 MR. BLASIER:

So you did not conduct a close inspection of the carpet or the container that it was wrapped in, did you?

50 MS. BROCKBANK:

Umm, other than to note it was paper wrapped and sealed, no.

51 MR. BLASIER:

When you say "Sealed," did you examine it carefully to determine that every seam in the paper that might lead to the inside was covered with tape?

52 MS. BROCKBANK:

Not every seam. I mean, it was closed with tape. Umm, there were no, you know, large gaps. I couldn't see any carpet sticking out of any orifices.

53 MR. BLASIER:

But you didn't carefully check each possible opening in the seam, did you, for tape?

54 MS. BROCKBANK:

Inch by inch, no.

55 MR. BLASIER:

Okay. Did you even know it was a carpet in there?

56 MS. BROCKBANK:

Umm, at that time, no.

57 MR. BLASIER:

Now, you had no knowledge at that time that you might be comparing fibers from that object with evidence items that were contained in the same box, did you?

58 MS. BROCKBANK:

No, I did not.

59 MR. BLASIER:

Now, that carpet fiber, you have seen individual fibers from the Bronco carpet, haven't you?

60 MS. BROCKBANK:

Since that time, yes.

61 MR. BLASIER:

And the ones you have seen are tan, nylon fibers, correct?

62 MS. BROCKBANK:

I believe so, yes.

63 MR. BLASIER:

The color also described is rose beige as well, same color?

64 MS. BROCKBANK:

Yes.

65 MR. BLASIER:

Now, that box that contained the carpet wrapped up in paper was the same box that contained the Rockingham glove in a paper bag, correct?

66 MS. BROCKBANK:

Yes.

67 MR. BLASIER:

The same bag--the same box, excuse me, that contained the knit cap?

68 MS. BROCKBANK:

Yes.

69 MR. BLASIER:

The same bag that contained the Bundy glove?

70 MS. CLARK:

Objection, misstates the testimony, same bag.

71 MR. BLASIER:

I'm sorry, same box that contained the Bundy glove?

72 MS. BROCKBANK:

Yes.

73 MR. BLASIER:

How was the paper folded that contained the carpet or did you even notice that?

74 MS. BROCKBANK:

Umm, at that time, no, not really.

75 MR. BLASIER:

Did you actually take the packet of carpet outside of the box on that--that time?

76 MS. BROCKBANK:

No, I didn't.

77 MR. BLASIER:

So it was left inside the box?

78 MS. BROCKBANK:

Yes, it was.

79 MR. BLASIER:

Did you ever take it out during that particular examination on the 21st?

80 MS. BROCKBANK:

No.

81 MR. BLASIER:

So is it fair to say that you did not conduct a careful examination of the inside of the box to see whether there might be any carpet fibers that have gotten out of the package or under the package in the corners of the box?

82 MS. BROCKBANK:

No, I did not.

83 MR. BLASIER:

What is the first thing did you after you opened that box was to look at the Rockingham glove?

84 MS. BROCKBANK:

The first thing I did after opening the box? I believe I examined the hats first and then the gloves.

85 MR. BLASIER:

Now, did you examine the Rockingham glove first or the Bundy glove first?

86 MS. BROCKBANK:

Item no. 9, I believe.

87 MR. BLASIER:

Yeah.

88 MS. BROCKBANK:

I examined first, yes.

89 MR. BLASIER:

Now, when you looked at the Rockingham glove, it was in a bag, correct?

90 MS. BROCKBANK:

Yes.

91 MR. BLASIER:

You opened the bag. Did you take out the glove before you looked in the bag?

92 MS. BROCKBANK:

Yes. Well, I mean no, I opened the bag, I looked in the bag, I see the glove, so I took the glove out.

93 MR. BLASIER:

Okay. So you take the glove out and did you examine the glove or did you examine the bag or do you remember?

94 MS. BROCKBANK:

Well, I took the glove out, laid it on my piece of paper and then I looked in the bag again.

95 MR. BLASIER:

And when you looked in the bag you saw some debris?

96 MS. BROCKBANK:

Yes.

97 MR. BLASIER:

Could you tell when you looked in the bag, before you emptied it, whether there was a tan carpet fiber in the debris in the bag?

98 MS. BROCKBANK:

No.

99 MR. BLASIER:

When you emptied out the bag, can I assume that you held it with one hand and had the other hand out like I'm doing and dumped the bag out into your hand?

100 MS. BROCKBANK:

No.

101 MR. BLASIER:

How did you do it?

102 MS. BROCKBANK:

I held the bag with one hand and I--reached in with the other and got what I could see and kind of tapped the bag over a piece--a piece of paper.

103 MR. BLASIER:

So in addition to reaching in and removing something, you tapped the bag so that anything that might be on the bag would go on the paper?

104 MS. BROCKBANK:

Yes.

105 MR. BLASIER:

Did you note whether--once everything was on the paper, did you see a tan carpet fiber or tan fiber?

106 MS. BROCKBANK:

No.

107 MR. BLASIER:

You have no way of knowing if there was a tan fiber in there, whether it came from the inside or the outside of the glove bag, do you?

108 MS. BROCKBANK:

No.

109 MR. BLASIER:

You wouldn't--would you agree that it is not an appropriate procedure, had you known, to store that large piece of carpet in the same box with evidence items from which you are going to ultimately do some comparison?

110 MS. BROCKBANK:

As far as that fiber evidence?

111 MR. BLASIER:

Yes.

112 MS. BROCKBANK:

Umm, if--it probably would not be my first choice.

KEY QUOTE
113 MR. BLASIER:

Okay. Would you want to keep those separate before you do any kind of comparison to prevent the possibility that they got cross-contaminated without you knowing about it?

114 MS. BROCKBANK:

That's correct.

115 MR. BLASIER:

Now, paper bags a lot of time with this kind of evidence are used because they are porous and they allow air to go through to dry things? Is that why paper bags are used?

116 MS. BROCKBANK:

Yes.

117 MR. BLASIER:

But paper bags have a lot of seams and creases in them on the inside and outside that can catch things, don't they?

118 MS. BROCKBANK:

Where the bottom is kind of glued shut, I guess there are some creases there, yes.

119 MR. BLASIER:

That is one of the reasons why rather than just reaching in and looking in and getting debris, you tap it to make sure that things that might have adhered to the inside or outside fall out?

120 MS. BROCKBANK:

Well, I'm trying to get things from the inside, but there may inadvertently be something on the outside.

121 MR. BLASIER:

The sample--the debris that was on the paper after you turned the bag over from the Rockingham glove, did you assign that a number?

122 MS. BROCKBANK:

Umm, that was all part of item no. 110.

123 MR. BLASIER:

And item no. 110 was all of the things that you had removed, all the debris that you had removed from that particular glove over the various times that you hooked at it?

124 MS. BROCKBANK:

Yes.

125 MR. BLASIER:

That particular bindle, when you went to Washington, that was one of the ones that you took with you, was it not?

126 MS. BROCKBANK:

Yes, it was.

127 MR. BLASIER:

And was that opened by Mr. Deedrick in your presence or opened by you in his presence?

128 MS. BROCKBANK:

Yes. Opened by him in my presence.

129 MR. BLASIER:

And he marked each of the bindles that you had prepared from not only that item but other items were marked right at that time when they were opened?

130 MS. BROCKBANK:

Yes, they were.

131 MR. BLASIER:

What was the marking given? What was the number given to that particular bindle, that is, the one--the debris from the Rockingham glove bag that you turned over and tapped?

132 MS. BROCKBANK:

It was given a Q number and I don't know it off the top of my head and I didn't record it in my notes.

133 MR. BLASIER:

Would it be on the picture there? Would you be able to see it from the picture?

134 MS. BROCKBANK:

Probably.

135 MR. BLASIER:

Maybe we can put this down so that she can look at it closely.

136 (Brief pause.)
137 MR. BLASIER:

Do you see item 110 over on People's no. 443--

138 MS. CLARK:

436.

139 MR. BLASIER:

436?

140 MS. BROCKBANK:

May I get up?

141 MR. BLASIER:

Sure.

142 (Witness complies.)
143 MR. BLASIER:

Second one down from the right, on the right from the top?

144 MS. BROCKBANK:

Yes.

145 MR. BLASIER:

Now, FBI number is indicated as Q3A, B and C. Is that consistent with your recollection?

146 MS. BROCKBANK:

Again, I didn't make any note of it. According to the chart, that is the number he assigned.

147 MR. BLASIER:

Can you look at the picture--each bindle was marked Q3A, B or C, was it not, in your presence?

148 MS. BROCKBANK:

Yes.

149 MR. BLASIER:

Can you see that picture closely enough to tell what the marking was on the debris from the bag on the Rockingham glove?

150 MS. BROCKBANK:

Umm, the descriptions of the bindles are actually on the other side of the bindles.

151 MR. BLASIER:

Okay.

152 MS. BROCKBANK:

So I can't really tell you. They are marked Q3A, B and C, but I don't know which one is A, which one is B and which one is C.

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

Miss Clark will check and we can stipulate to that.

155 MR. BLASIER:

Now, you on, was it, two other occasions that you examined that particular glove and removed debris from the glove?

156 MS. BROCKBANK:

On one other occasion.

157 MR. BLASIER:

One other occasion and that was what date?

158 MS. BROCKBANK:

On June 23rd.

159 MR. BLASIER:

Let me--I have a picture of what is on the board. Can we put that on the elmo so we can get that kind of straight?

160 (Brief pause.)
161 THE COURT:

Has this photograph been marked, Mr. Blasier?

162 MR. BLASIER:

No. It is a photograph from the board.

163 THE COURT:

All right.

164 MR. BLASIER:

It is the second--

165 THE COURT:

As to item which?

166 MR. BLASIER:

As to item no. 110.

167 THE COURT:

All right. Thank you. That will identify the photograph.

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

Your Honor, Miss Clark is prepared to stipulate that that debris item is Q3C, and we will double-check just to make sure.

170 THE COURT:

All right.

171 MS. CLARK:

I'm wrong, we'll change it.

172 MR. BLASIER:

Okay.

173 THE COURT:

All right. Thank you, counsel.

174 MR. BLASIER:

Now, the debris that was in that bag or that wound up on the paper on the table, you have no way of knowing when that or if it even came off of the glove, do you?

175 MS. BROCKBANK:

Umm, the glove is the only item that was in that bag so I would feel fairly certain that it did come off that glove, yes.

176 MR. BLASIER:

But you have no idea when, do you?

177 MS. BROCKBANK:

When it came off the glove? Sometime after or during the process of putting it in the bag, I would guess.

178 MR. BLASIER:

Okay. But you--the procedure that is used at SID--well, let me withdraw that. Your procedure is that when you remove debris from an evidence item you put it in a separate bindle rather than just putting it back in the bag with the original item, correct?

179 MS. BROCKBANK:

Yes.

180 MR. BLASIER:

And do you also do that if you are examining an item like you did with the Rockingham glove and find debris in the bag, you preserve that in a separate bindle marked, dated, initialed, so that you can go back and reconstruct when that debris got there, don't you?

181 MS. BROCKBANK:

Yes.

182 MR. BLASIER:

Now, when you are examining an item and debris winds up on your paper, sometimes you just pour it back in the bag rather than putting it in a separate bindle, correct?

183 MS. BROCKBANK:

I don't follow you. Could you--

184 MR. BLASIER:

I think you described sometimes. For instance, I think when you were examining the shirt or maybe some of the other clothing items where you put them on the paper to examine them, put them back in their bag, and if you see any debris on the paper you fold a crease in the bottom of it and pour it back in the bag?

185 MS. BROCKBANK:

No, I don't believe I testified to that.

186 MR. BLASIER:

Okay. When that happens, what do you do with what you find on the paper?

187 MS. BROCKBANK:

I would place it in a bindle and so mark it.

188 MR. BLASIER:

Okay. That is the proper procedure anytime something falls off of an item?

189 MS. BROCKBANK:

That is what I would do, yes.

190 MR. BLASIER:

When you examined the Rockingham glove after preserving the debris in the bag, did you ever see a tan carpet fiber from the glove?

191 MS. BROCKBANK:

I may have seen a tan carpet fiber, but not recognized it as such. When I was examining, you know, the item and picking off hairs and fibers, as I'm picking them up I'm seeing them, but I may not know them for what they are as far as a tan carpet fiber, so it may have been there, but I didn't know until later that there was a tan carpet fiber there.

192 MR. BLASIER:

You are not aware of anything that you picked off the glove that was a tan carpet fiber?

193 MS. BROCKBANK:

Umm--

194 MS. CLARK:

Objection, that calls for speculation.

195 THE COURT:

Sustained.

196 MR. BLASIER:

Now, when you looked at the Rockingham glove, one of the things that you told us you did is that you removed some debris from the wrist area?

197 MS. BROCKBANK:

Yes.

198 MR. BLASIER:

And describe that debris to me again.

199 MS. BROCKBANK:

Umm, I believe it was hairs and fibers, and as I recall, it was kind of stuck to the glove.

200 MR. BLASIER:

On the inside or the outside, do you know?

201 MS. BROCKBANK:

On the outside.

202 MR. BLASIER:

Now, you indicated that the wrist was folded up and disturbed in some fashion I think is what you said. Do you remember that?

203 MS. BROCKBANK:

Yes.

204 MR. BLASIER:

And when you say "Folded up," do you mean that it looked like it had been maybe turned over as if someone were looking at the edging or the seam or the inside part around the wrist?

205 MS. BROCKBANK:

No.

206 MR. BLASIER:

How do you mean folded up?

207 MS. BROCKBANK:

I mean the--like the hem was kind of pulled out--out of shape, it was distorted.

208 MR. BLASIER:

And then you did examine the hem itself and saw that some of the thread from the hem had been taken out?

209 MS. BROCKBANK:

Yes.

210 MR. BLASIER:

Do you know who did that?

211 MS. BROCKBANK:

No.

212 MR. BLASIER:

So you don't know whether that was done by Dennis Fung or Andrea Mazzola or Collin Yamauchi before you got the glove?

213 MS. BROCKBANK:

Umm, I don't know if it was done by anyone or whether that was just damage to the glove that existed when it was collected.

214 MR. BLASIER:

Have you ever seen a picture of the Rockingham glove after it was collected from Rockingham and after it got to the lab but before it got to you?

215 MS. BROCKBANK:

Yes.

216 MR. BLASIER:

And where have you seen that picture?

217 MS. BROCKBANK:

Umm, I probably looked at it when I was in the lab. I think Dennis Fung had some photographs of the gloves taken after collecting it, but before I got it.

218 MR. BLASIER:

After collecting it at the lab?

219 MS. BROCKBANK:

The pictures were taken at the lab.

220 MR. BLASIER:

And these were pictures that--when were you shown those pictures?

221 MS. BROCKBANK:

Umm, I don't know. It was sometime actually after I had examined the gloves.

222 MR. BLASIER:

Do you know whether those pictures were taken before or after he examined the Rockingham glove at the lab?

223 MS. BROCKBANK:

That I don't know.

224 MR. BLASIER:

Now, in the bag with the Rockingham glove, was there a hair bindle that had been removed by Dennis Fung?

225 MS. BROCKBANK:

No.

226 MR. BLASIER:

Do you remember the pictures that you saw of the glove at the lab before you got it? Did it have Collin Yamauchi's initials around the wrist area?

227 MS. BROCKBANK:

I don't recall.

228 MR. BLASIER:

Did it have any cuttings taken out of it?

229 MS. BROCKBANK:

Umm, not that I recall.

230 MR. BLASIER:

When is the last time you saw those pictures?

231 MS. BROCKBANK:

Months.

232 MR. BLASIER:

When you examined the Rockingham glove for debris did you just do a visual exam or did you use any kind of magnifying device?

233 MS. BROCKBANK:

Umm, I just performed a visual exam.

234 MR. BLASIER:

Did you do a close visual exam like you have described for the knit cap where you hold it up to your eyes and roll every part of it so that you can see everything that is on it?

235 MS. BROCKBANK:

Yes, I did.

236 MR. BLASIER:

Is that generally in your experience satisfactory for seeing hairs and fibers that you need to collect?

237 MS. BROCKBANK:

Yes, it has been.

238 MR. BLASIER:

Do you remember seeing anything on the Rockingham glove, at the time that you did that close examination, that looked like tissue?

239 MS. BROCKBANK:

Body tissue?

240 MR. BLASIER:

Yes.

241 MS. BROCKBANK:

Umm, I remember seeing what appeared to be blood, but tissue specifically, not that I recall.

242 MR. BLASIER:

And would it be part of your procedure that had you seen something like that you would have preserved it or called it to somebody's attention or made some record of it?

243 MS. BROCKBANK:

I may have. I don't know. I don't know that I would have.

244 MR. BLASIER:

But you don't recall seeing anything like that, do you?

245 MS. BROCKBANK:

No, I don't recall.

246 MR. BLASIER:

Now, I want to ask you about the knit cap, that is item no. 38, correct?

247 MS. BROCKBANK:

Yes.

248 MR. BLASIER:

You described in some detail how you examined the hat, both inside and out, and I was a little confused by some of the steps. Did you look at the outside of the cap first?

249 MS. BROCKBANK:

Yes, I did.

250 MR. BLASIER:

And did you do that close examination that you described to us on the outside of the cap first?

251 MS. BROCKBANK:

Yes.

252 MR. BLASIER:

And while you were doing that were you--the hat was over the piece of paper?

253 MS. BROCKBANK:

Yes.

254 MR. BLASIER:

And presumably the inside of the hat was exposed to the paper while you are looking at the outside or did you make some effort to keep the inside of the hat from being exposed to the paper? Do you understand what I'm asking?

255 MS. BROCKBANK:

Umm, I think I do. Umm--

256 MR. BLASIER:

Did you hold it right side up or--

257 MS. BROCKBANK:

Right. And I don't know the--I don't remember how I held the hat.

258 MR. BLASIER:

So is it possible that you held it in a way that debris from the inside might fall down on the paper?

259 MS. BROCKBANK:

Possibly. I don't remember observing anything falling, just only what I was picking off.

260 MR. BLASIER:

And the things that you picked off, what did do you with them?

261 MS. BROCKBANK:

Placed them into a bindle.

262 MR. BLASIER:

Where did you have that bindle?

263 MS. BROCKBANK:

Just to the side, so I was holding the hat here, there was a large piece of paper here, and the bindle was right to the side here, (Indicating).

264 MR. BLASIER:

Now, when you did the inside of the hat, you used the same procedure?

265 MS. BROCKBANK:

Yes.

266 MR. BLASIER:

And you turned the hat inside out?

267 MS. BROCKBANK:

Yes.

268 MR. BLASIER:

Did you change paper?

269 MS. BROCKBANK:

Yes--or no. I'm sorry, no, I didn't.

270 MR. BLASIER:

You left the same paper there?

271 MS. BROCKBANK:

Yes.

272 MR. BLASIER:

Now, the hairs and fibers that you picked off the inside of the hat, what did you do with those?

273 MS. BROCKBANK:

Umm, I put them in a separate paper bindle.

274 MR. BLASIER:

Now, that separate paper bindle, was that sitting on the table right next to the hat?

275 MS. BROCKBANK:

Yes, similar to what I just described.

276 MR. BLASIER:

Opened?

277 MS. BROCKBANK:

Umm, it would be opened when I placed something it in and then I close it.

278 MR. BLASIER:

So each time you place a new hair or fiber in there, you close it?

279 MS. BROCKBANK:

Yeah, I fold it over.

280 MR. BLASIER:

Fold it over completely like you do when you store it?

281 MS. BROCKBANK:

Umm, like I--well, not completely. It is a tri-fold, three--you know, both ways and I would fold it over one way, not the complete folding.

282 MR. BLASIER:

And was the bindle from the outside hairs that you had collected and fibers also sitting there at the same time?

283 MS. BROCKBANK:

No.

284 MR. BLASIER:

Now, I think you described that after you went through that process, you then scraped the outside or shook it gently?

285 MS. BROCKBANK:

Yes, just--just gently kind of scraped with my hands to see. Well, I did the inside first as far as the scraping goes.

286 MR. BLASIER:

Okay. Then you turned it back outside and did the outside?

287 MS. BROCKBANK:

Yes.

288 MR. BLASIER:

What was the color of that knit cap? What was the color of the fibers in it?

289 MS. BROCKBANK:

It was dark blue.

290 MR. BLASIER:

Umm, did you see any tan nylon fibers in that cap at any time?

291 MS. BROCKBANK:

Umm, again, I may have seen them and not recognized them for what they were. Umm--

KEY QUOTE
292 MR. BLASIER:

Do you recall--

293 MS. BROCKBANK:

But I don't recall specifically seeing a nylon carpet fiber.

294 MR. BLASIER:

Okay. And the tan--the color tan is substantially different than the color of the cap; is it not?

295 MS. BROCKBANK:

Yes.

296 MR. BLASIER:

Would that make it easier to see a tan fiber, that color hat, than if it were a closer color to the hat?

297 MS. BROCKBANK:

Umm, it would make it easier to see, I would think, but when I am removing trace evidence I'm not making a note of every little thing that I'm seeing.

298 MR. BLASIER:

Okay.

299 MS. BROCKBANK:

If you told me--

300 MR. BLASIER:

Uh-huh.

301 MS. BROCKBANK:

--so, I may have seen it, it may have been there. I may have removed it and just not made that cognitive note of it.

302 MR. BLASIER:

Okay. May I have a minute, your Honor?

303 (Discussion held off the record between Mr. Blasier and Mr. Morton.)
304 MR. BLASIER:

Now, we are still talking about June 21st for the cap?

305 MS. BROCKBANK:

Yes.

306 MR. BLASIER:

How many bindles did you make from your examination of the cap that day?

307 MS. BROCKBANK:

Umm, I believe I made three; one of the hairs and fibers removed from the inside, one from hairs and fibers removed from the outside and I believe there was one with debris, plant material.

308 MR. BLASIER:

Was that debris that had been in the bag or debris that had fallen off while you were doing your examination or debris that you had separated from hair and fiber?

309 MS. BROCKBANK:

Umm, I don't really recall. I think it could have been a combination of all of those.

310 MR. BLASIER:

And do you feel fairly confident that from your careful examination of the cap that you noticed and removed all of the hairs and fibers of interest from that cap?

311 MS. BROCKBANK:

All of them that I could see, yes, I did remove.

312 MR. BLASIER:

Now, do you know what numbers your bindles were assigned at the FBI?

313 MS. BROCKBANK:

Again, no.

314 MR. BLASIER:

Okay. Umm, that item of evidence was taken to the FBI by you in August to be examined by you and Mr. Deedrick, correct?

315 MS. BROCKBANK:

Yes.

316 MR. BLASIER:

Now, were you present when he physically examined the knit cap?

317 MS. BROCKBANK:

Umm, yes.

318 MR. BLASIER:

Did you see him conduct his examination?

319 MS. BROCKBANK:

Yes.

320 MR. BLASIER:

How did he examine the hat? Just briefly describe what technique he used to examine the hat.

321 MS. BROCKBANK:

Umm, he had it on a lab bench which he had covered with paper and I believe he used a magnifying device to observe the hat and he was rolling it between his fingers looking and picking things out. I don't remember if he scraped it or not. I don't really recall that.

322 MR. BLASIER:

Now, he prepared a bindle of additional things that he found on the hat that you hadn't, did he not?

323 MS. BROCKBANK:

I believe he did.

324 MR. BLASIER:

And were you present at the lab when he was examining items of evidence that had come from the Bronco; namely, the shovel, the plastic bag and the towel?

325 MS. BROCKBANK:

Umm, I was present there while he examined quite a lot of evidence, and--but I wasn't, you know, standing over his shoulder every minute. I was in other--in another part of the lab and he kind of called me over when he found something interesting he wanted me to look at, basically.

326 MR. BLASIER:

Is it accurate that he examined many things from the Bronco just prior to the time that he examined the knit cap or do you know?

327 MS. BROCKBANK:

I have no idea.

328 MR. BLASIER:

You indicated that you found some animal hairs inside the Bundy glove. Do you remember that?

329 MS. BROCKBANK:

Umm, I believe I did.

330 MR. BLASIER:

Now, animal hairs are fairly easy to distinguish from human hairs, are they not?

331 MS. BROCKBANK:

Usually.

332 MR. BLASIER:

And with animal hairs again you are looking at some characteristics to the hair; color as well, correct?

333 MS. BROCKBANK:

Yes.

334 MR. BLASIER:

Dogs are a little more difficult to do comparisons with because they may have several different colors in their coats, correct?

335 MS. BROCKBANK:

I have never performed any comparisons with animal hairs.

336 MR. BLASIER:

Okay. When you found the animal hair inside the Bundy glove, do you remember how far inside the glove it was?

337 MS. CLARK:

Objection, that misstates the testimony, "Inside."

338 THE COURT:

Overruled.

339 MS. BROCKBANK:

No.

340 MR. BLASIER:

But it was inside the glove?

341 MS. BROCKBANK:

Yes.

342 MR. BLASIER:

Now, is that assuming, assuming the dog wasn't wearing a glove, of how hair and fiber from one source through several transfers can wind up in another place such as inside a glove?

343 MS. BROCKBANK:

I think that would be a good example.

344 MR. BLASIER:

Okay.

345 MS. BROCKBANK:

I don't think many dogs wear gloves.

KEY QUOTE
346 MR. BLASIER:

So would you agree that the fact that you might find a hair inside of something like a glove doesn't necessarily mean it came from a hand inside the glove?

347 MS. CLARK:

Objection, that calls for speculation.

348 THE COURT:

Sustained.

349 MR. BLASIER:

You described, when you examined Mr. Goldman's jeans, that they were heavily soiled. Do you remember that?

350 MS. BROCKBANK:

Yes, I do.

351 MR. BLASIER:

And by that do you mean that they had a lot of dirt on them?

352 MS. BROCKBANK:

Yes.

353 MR. BLASIER:

In all different locations on the jeans?

354 MS. BROCKBANK:

Umm, I don't remember specifically what locations, but I do remember there was a heavily soiled area.

355 MR. BLASIER:

Consistent with someone moving around in the dirt a lot?

356 MS. BROCKBANK:

I don't know. Someone laying in the dirt perhaps.

357 MR. BLASIER:

Well, did you notice whether it was limited to one side, the same side of the jeans that the body was found on? Did you make any note of that?

358 MS. BROCKBANK:

I didn't make any note of that. I don't--at that point in time I don't know that I had ever seen the photographs. I don't really know how the body was laying, but I do vaguely remember that there was like a concentration in one general area. I don't remember what area.

359 MR. BLASIER:

Okay. When you examined Mr. Goldman's shirt, were there any buttons missing?

360 MS. BROCKBANK:

I don't know.

361 MR. BLASIER:

Did you ever conduct an examination to determine whether any buttons had been ripped off of his shirt?

362 MS. BROCKBANK:

No, I did not.

363 MR. BLASIER:

You can tell by looking at thread from where a button come off whether it has been ripped off a shirt or cut off, can't you?

364 MS. BROCKBANK:

Umm, I would think you might be able to. That is something I have never done.

365 MR. BLASIER:

Did anyone, to your knowledge, examine the shirt to determine whether any buttons were missing?

366 MS. BROCKBANK:

Umm, no one did that, to my knowledge.

367 (Discussion held off the record between Defense counsel.)
368 MR. BLASIER:

Now, I want to ask you a couple of questions about the bags that came from the Coroner's office with the clothing.

369 MS. BROCKBANK:

Okay.

370 MR. BLASIER:

Do you recall testifying about that?

371 MS. BROCKBANK:

Yes.

372 MR. BLASIER:

And you conducted an examination of those bags on what date?

373 MS. BROCKBANK:

Umm, that would be the same date that I examined the clothing, which would have been July 27th.

374 MR. BLASIER:

July 27th?

375 MS. BROCKBANK:

Yes.

376 MR. BLASIER:

Umm, and those were bags that were--did not have the clothing in them, but had been stored in the same--was it in a box? Was all the clothing in one box?

377 MS. BROCKBANK:

All the victim's clothing was in one box. Each item was in its own individual bag and then there was this bundle of bags from the Coroner's office.

378 MR. BLASIER:

And it was your understanding that the bags that the clothing were in had been supplied by Denise Lewis or she had put the clothing from the Coroner's bags into new bags?

379 MS. BROCKBANK:

That was my understanding.

380 MR. BLASIER:

As far as you know, was your examination of the old bags the first one that--the first examination that was done at LAPD to see whether there was any debris in the bags?

381 MS. BROCKBANK:

I believe so, yes.

382 MR. BLASIER:

Now, with items of clothing especially, let's say, a pair of pants that is heavily soiled, has a lot of blood on it, those are the kind of items that can very easily shed things when they are put in bags, taken out of bags, put back in bags, can't they?

383 MS. BROCKBANK:

Umm, the--I would think the soil would tend to fall off.

384 MR. BLASIER:

Would you expect to find debris in a bag, if it contained an article like that, for any significant period of time?

385 MS. BROCKBANK:

I would expect that, yes.

386 MR. BLASIER:

Now, the clothing had been at the Coroner's office from June 14th until the lab received it on the 27th? Is that your understanding?

387 MS. BROCKBANK:

I don't know when the lab received it.

388 MR. BLASIER:

Now, when you looked at the bags, you looked at the shirt bag first?

389 MS. BROCKBANK:

Could I refer to my notes?

390 MR. BLASIER:

Sure.

391 MS. BROCKBANK:

(Witness complies.) Umm, no, I examined the jeans first, then the socks, then the shirt.

392 MR. BLASIER:

The jeans, then the socks, then the shirt? Is that what you said?

393 MS. BROCKBANK:

Yes.

394 MR. BLASIER:

Is it your understanding that the socks were in a different bag at the Coroner's office from the jeans?

395 MS. BROCKBANK:

Oh, I think maybe I'm thinking of something different. Umm, did you say when I examined the clothing or the original bags of clothing were in?

396 MR. BLASIER:

Original bag from the Coroner's office that the clothing had been while it was at the Coroner's office?

397 MS. BROCKBANK:

Umm, those bags I don't know what order I examined them in.

398 MR. BLASIER:

Okay. Now, when you examined, however, the bag that had contained the shirt, there was debris in it, as you might expect, was there not?

399 MS. BROCKBANK:

There was some debris in it.

400 MR. BLASIER:

And did you preserve that in the way that you have described?

401 MS. BROCKBANK:

Yes.

402 MR. BLASIER:

When you examined the bag that had supposedly contained the pants and the socks of Ronald Goldman, there was no debris in it, was there?

KEY QUOTE
403 MS. BROCKBANK:

None that I observed.

404 MR. BLASIER:

Is it fair to say that it was consistent--the appearance of that bag was consistent with nothing like the pant and the sock having been in it and shed any debris?

405 MS. BROCKBANK:

There was no debris likes hairs and fibers that I observed.

406 MR. BLASIER:

And when you examined the bag from the Coroner's office that had supposedly contained Nicole Brown Simpson's dress and panties, there was nothing in it, was there?

407 MS. BROCKBANK:

I did not observe anything, no.

408 MR. BLASIER:

There was no debris, was there?

409 MS. BROCKBANK:

I did not observe any, no.

410 MR. BLASIER:

You have no way of knowing--you have no personal knowledge, no way of knowing whether or not the victim's clothing at some point was all stored in the same bag, do you?

411 MS. BROCKBANK:

I have no personal knowledge of that at all, no.

412 MR. BLASIER:

When you were back in Washington you testified that a number of things had--a number of exemplar samples were sent back from here while you were there, correct?

413 MS. BROCKBANK:

Yes.

414 MR. BLASIER:

And they included exemplars, fibers taken from various places in the Bronco, correct?

415 MS. BROCKBANK:

Yes.

416 MR. BLASIER:

And were you present when Mr. Deedrick examined those different exemplars?

417 MS. BROCKBANK:

Umm, I may have been in the lab. Again, I wasn't standing over his shoulder watching him work.

418 MR. BLASIER:

Do you know whether or not those exemplars contained many different kind of fibers from the Bronco, in addition to just the tan nylon fiber?

419 MS. BROCKBANK:

Umm, that I don't know.

420 MR. BLASIER:

You told us about how a very, very small fiber had been removed from a piece of tissue at the Coroner's office. Do you remember that?

421 MS. BROCKBANK:

Yes.

422 MR. BLASIER:

Was there a black and white videotape made of that?

423 MS. BROCKBANK:

Umm, there was a videotape. I don't recall really whether it was black and white or not. It may have been black and white. It was made by Steve Dowell.

424 MR. BLASIER:

How long was this videotape?

425 MS. BROCKBANK:

I don't know.

426 MR. BLASIER:

And the videotape was to preserve him or you removing this fiber from this piece of tissue?

427 MS. BROCKBANK:

He removed it; I did not.

428 MR. BLASIER:

Did you see what he did with this videotape?

429 MS. BROCKBANK:

No.

430 MR. BLASIER:

May I have a minute, your Honor?

431 THE COURT:

Certainly.

432 (Discussion held off the record between Defense counsel.)

Temperature

procedural

Key Quotes (4)

Susan Brockbank
it probably would not be my first choice
Brockbank concedes that storing the Bronco carpet sample in the same box as the gloves and hat — before fiber comparisons were made — was not proper procedure, undermining the integrity of the trace evidence chain.
Susan Brockbank
I don't think many dogs wear gloves.
Brockbank's dry humor in response to Blasier's question about animal hair found inside the Bundy glove — the only light moment in an otherwise technical examination.
Susan Brockbank
I may have seen them and not recognized them for what they were... I may have removed it and just not made that cognitive note of it.
Admits she could have collected and discarded tan Bronco carpet fibers from the knit cap without recording them, undermining the completeness of her evidence collection.
Robert Blasier
When you examined the bag that had supposedly contained the pants and the socks of Ronald Goldman, there was no debris in it, was there?
Blasier plants the suggestion that the Coroner's bags may never have actually held the clothing — or the clothing was moved between bags — since a heavily soiled pair of jeans should have shed debris.

Evidence (7)

Item 33
Bronco carpet sample, 2-3 feet long, stored wrapped in paper in box no. 2 alongside the gloves and knit cap
discussed as potential contamination source
Item 9
Rockingham glove, stored in paper bag inside box no. 2
discussed; debris collection procedures challenged
Item 110
All debris removed from Rockingham glove bag across examinations; bindle designated Q3C by FBI
discussed; chain of custody and origin of debris challenged
Item 38
Knit cap (dark blue), examined June 21 by Brockbank and later by FBI's Deedrick
discussed; Deedrick found additional fibers Brockbank had missed
People's 436
Chart/photograph showing FBI Q-number assignments to bindles
referenced to identify which bindle was Q3A, B, or C
Informal
Coroner's office bags — originally containing Goldman's jeans/socks and Nicole's dress/panties; found empty of debris when examined July 27
discussed as anomalous; defense implies contents may have been transferred between bags
+ 1 more

Notable Exchanges (3)

Robert BlasierSusan Brockbank
Blasier walks Brockbank through the fact that the Bronco carpet sample — containing thousands of tan nylon fibers — was stored unwrapped (only in paper, not sealed inch-by-inch) in the same box as the Rockingham glove, Bundy glove, and knit cap, before any fiber comparisons were done. Brockbank admits she did not inspect the carpet package carefully and did not know it was a carpet at the time.
strategic
Robert BlasierSusan Brockbank
Blasier establishes that the Coroner's bags for Goldman's heavily soiled jeans/socks and Nicole's dress were completely empty of debris when Brockbank examined them on July 27 — despite that heavily soiled clothing would be expected to shed material. Brockbank has no personal knowledge of whether the clothing was ever actually stored in those bags.
revealing
Robert BlasierSusan Brockbank
Blasier presses Brockbank on the hem of the Rockingham glove being distorted, thread pulled out, and whether prior examiners (Fung, Mazzola, Yamauchi) caused the damage. Brockbank cannot say, and admits she doesn't know if the damage pre-dated collection.
strategic

Light Moments (1)

Susan Brockbank
When Blasier asked whether finding animal hair inside the Bundy glove showed how fibers transfer without direct contact, Brockbank agreed and added: 'I don't think many dogs wear gloves.'

Credibility Attacks (3)

⚔ LAPD evidence storage procedures
procedural challenge
Blasier establishes that storing the large Bronco carpet sample (thousands of tan fibers) in the same box as the gloves and knit cap — before fiber comparisons — risked cross-contamination. Brockbank concedes this 'probably would not be my first choice.'
⚔ Susan Brockbank
omission / incomplete examination
Blasier highlights that Deedrick found additional fibers on the knit cap that Brockbank had missed, and that Brockbank did not record every fiber she observed or removed, making it impossible to reconstruct what was on the items when collected.
⚔ LAPD / Coroner evidence chain
absence of expected evidence
The Coroner's bags for Goldman's pants/socks and Nicole's clothing were empty of any debris — highly unusual for heavily soiled, bloody garments. Brockbank has no personal knowledge of whether those items were ever actually stored in those specific bags, raising chain-of-custody concerns.

Witness Demeanor

(Brief pause.) — while Brockbank retrieved notes to confirm box number
(Witness complies.) — Brockbank leaves the stand to examine the evidence board
(Indicating) — Brockbank physically demonstrates her bindle placement during hat examination
(Discussion held off the record between Deputy District Attorney and Defense counsel.) — multiple sidebar discussions, including stipulation on Q3C designation

Objections

4 objections (2 sustained, 1 overruled)
Proceeding 6585 • 432 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 JUN 28, 1995 📄 Cross-examination of Susan Bro
JUN 28, 1995 KRT DvH TD