📄 Motion: exhibit admission — Wednesday, June 28, 1995
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C:\DEPT103\CRIMINAL\1995\JUN\28\MOTION-EXHIBIT-ADMISSION.DOC
TRIAL
▲ Day 105 of 167

Motion: exhibit admission

Date: Wednesday, June 28, 1995 • Utterances: 276
Judge Ito reviews a large set of hair and fiber evidence boards prepared by FBI expert Douglas Deedrick before his jury testimony. The hearing surfaces a discovery dispute over whether the Defense received FBI photographs shared through a special master in September 1994, and proceeds through systematic review of comparison boards covering Nicole Brown Simpson's hairs, Ronald Goldman's hairs, OJ Simpson's hairs, Bronco carpet fibers, cotton fibers, and dog hairs from the two gloves.
1 (The following proceedings were held in open court, out of the presence of the jury:)
2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. The record should reflect the jury has withdrawn from the courtroom. Counsel, have we resolved the manner in which the photographs of the hair and fiber evidence were shared with the Defense?

3 MS. CLARK:

Do we have that receipt back? We had furnished counsel with a copy of the receipt signed that indicated the photographs had been turned over to Myron Scholberg--

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

--on September 27th, 1994.

6 THE COURT:

All right. Is Mr. Deedrick available?

7 MS. CLARK:

That's where the photographs went. Mr. Longetti was special master assigned to help with the transfer of things to the Defense expert, and this receipt shows that he signed for them, pick up--picked them up on September 27th, 1994; and they were all given by Mr. Deedrick to him with directions to furnish them to Mr. Scholberg. And that was back in September. So they have them somewhere.

8 MR. BLASIER:

Well, this receipt says that Mr. Longetti got them. I don't know whether Mr. Scholberg got them just to look at them briefly or whether he was provided--

9 THE COURT:

Well, let's have Mr. Deedrick come on in. He was the one that directed all of this if I recollect correctly.

10 MR. NEUFELD:

He doesn't know either.

11 MS. CLARK:

He doesn't know?

12 MR. NEUFELD:

Just to save some time, your Honor, I called Mr. Longetti's office. There's no answer. I called Mr. Sholberg's home. There's no answer. I asked the gentleman from the FBI. He said he just gave them to Longetti and he didn't get them back from Longetti, but he doesn't know what Longetti did with them, if anything.

13 MS. CLARK:

Oh, come on.

14 THE COURT:

The issue is what was the direction that Mr. Deedrick gave to Mr. Longetti with regards to the photographs.

15 MR. BLASIER:

Your Honor, none of this resolves the fact we haven't seen these boards, not until just now. We haven't seen them yet.

16 MS. CLARK:

Well, they raised the discovery issue. So I'm saying discovery was given, and Mr. Deedrick can probably answer that question for us since he's right here now. But after he does that, we can just--I would like to show counsel all the boards. We have a lot to show them.

17 THE COURT:

Yes. Let's do that. But let's settle that one last question.

18 MS. CLARK:

Mr. Deedrick, what, if any instructions did you give to Mr. Longetti when you gave him the photographs that are indicated in the receipt dated September 27th, 1994?

19 MR. DEEDRICK:

I was told to turn over photographs and original notes plus the evidence for examination by the expert.

20 MS. CLARK:

By the Defense expert, Myron Scholberg?

21 MR. DEEDRICK:

That's right.

22 THE COURT:

Okay.

23 MS. CLARK:

Was anything ever--after you gave these things to Mr. Longetti for the purpose of furnishing them to Mr. Scholberg, the Defense expert, did you get anything back from Mr. Longetti?

24 MR. DEEDRICK:

Just the original evidence. Not the photographs or the notes.

25 MS. CLARK:

So the notes and the photographs did not come back to you?

26 MR. DEEDRICK:

Did not.

27 MS. CLARK:

Just your slides?

28 MR. DEEDRICK:

Well, just the slides and some of the items that I had provided.

29 THE COURT:

All right. Let's see the boards.

30 (Brief pause.)
31 THE COURT:

All right. Are these in any particular order, Miss Clark?

32 MS. CLARK:

I'm sorry, your Honor?

33 THE COURT:

Are these in any particular order?

34 MS. CLARK:

They should be. If they're not, they will be.

35 THE COURT:

All right. This first board is entitled "Black head hairs, 16 different individuals."

36 MS. CLARK:

They are in order presentation I am informed.

37 THE COURT:

All right.

38 MS. CLARK:

Except for there are three large teaching boards?

39 (Discussion between Deputy District Attorney and Mr. Deedrick.)
40 MR. NEUFELD:

Your Honor, just one question. I don't know if the People are representing that we also received these pictures in advance or copies of these pictures?

41 MS. CLARK:

These are--no, I'm not representing that. These are taken from the FBI atlas. They are not evidence in this case.

42 MR. BLASIER:

Well, then they shouldn't be used.

43 THE COURT:

They're a demonstration of 16 different types of black head hair, is that what this is?

44 MS. CLARK:

Exactly.

45 MR. BLASIER:

Your Honor, we object to this kind of demonstration without some showing that these 16 people are somehow representative of the black population as a whole or some data can be given as to what distribution these people are or where they came from.

46 THE COURT:

What is this, Miss Clark?

47 MS. CLARK:

This is just to demonstrate ranges of characteristics. It's not meant to be dispositive or it's not meant to represent all possible hairs that might exist or what they all might look like in the entire world.

48 THE COURT:

All right. When we say black head, are we referring to persons with black hair or African American hair or what?

49 MS. CLARK:

African American hair.

50 THE COURT:

And it's just demonstrative for Mr. Deedrick to be able to explain to the jury the different kinds of appearances of hairs that he sees under the microscope. We have one for Caucasian hairs as well.

51 THE COURT:

All right. Let's see that.

52 MS. CLARK:

That--I showed counsel the photographs because they need to be mounted.

53 THE COURT:

These are also from the FBI atlas?

54 MS. CLARK:

Yes, your Honor.

55 THE COURT:

All right. Next item.

56 MR. BLASIER:

Your Honor, for the record, I object to these on the same grounds as the implication here from both of these exhibits is that there's some well-defined way to break hair down in categories as referenced by this board when in reality, there may be many kinds of hair similar to the one in the top left, but slightly different, that difference examiners would see differently, and I would object on that basis.

57 MS. CLARK:

That's what cross-examination is for. The witness is not going to represent that there's no other kinds of hairs in the world but these. He is going to say this is a sampling showing how they look different under the microscope. That's all it is.

58 THE COURT:

All right. Let me see the third one.

59 MS. CLARK:

Can I ask a question--

60 THE COURT:

I'm sorry.

61 MS. CLARK:

--as a point of organization, your Honor?

62 THE COURT:

Yes.

63 MS. CLARK:

Who's doing--I'm getting objections from Neufeld and from--

64 THE COURT:

No. You're getting--no. Mr. Blasier is handling this, so I assume he's handling the witness.

65 MR. BLASIER:

No, I'm not. Actually Mr. Bailey is, but I'm handling the boards.

66 THE COURT:

All right. One person on the boards. Known head hairs from Nicole Brown Simpson.

67 MS. CLARK:

This shows the photographs of Nicole's exemplars as seen under a microscope and where he found matches in the questioned evidence. Not all of them, just some as a representative sample.

68 THE COURT:

Are we confident in our terminology "Match"? Is that something that's in the nomenclature for hair comparison?

69 MR. BLASIER:

It is not.

70 MR. BAILEY:

I would ask that the word not be used because after all the DNA evidence--

71 THE COURT:

Well, excuse me, counsel. We're going to get one counsel on this. Mr. Bailey, do you want to handle this or Mr. Blasier?

72 MR. BAILEY:

Yes, I am handling it, your Honor. And I'm asking the word "Match" not be used. The most the hair technician can--

73 THE COURT:

Well, here's the issue. Who's handling this witness?

74 MR. BAILEY:

I am.

75 THE COURT:

All right.

76 MS. CLARK:

Why don't we inquire of the witness whether the term "Match" is appropriate or not. He's the expert.

77 THE COURT:

Well, we'll get to that. We're looking at the boards first. This is a comparison of hairs. I take it the top row is Nicole Brown Simpson exemplar hairs and the bottom row are hairs from various places associated with the crime scene, correct?

78 MS. CLARK:

That's correct.

79 THE COURT:

All right. What's the objection to this?

80 MR. BAILEY:

We don't object to it.

81 THE COURT:

All right. Next board. All right. This board is entitled, "Known head hairs from Ronald Goldman," four photographs, two photographs to the right head hair from Goldman's shirt. Any objection to this?

82 MR. BAILEY:

No objection.

83 THE COURT:

All right. Nice boards.

KEY QUOTE
84 MS. CLARK:

You like them?

85 THE COURT:

Yeah. All right. This is entitled, "Elimination head hair samples," and appears to have 16 photographs of hair which is--each one of which has a name which appears to represent one of the many witnesses who have testified with regard to this case.

86 MS. CLARK:

Yes, your Honor. As the Court will recall, Miss Brockbank testified to the collection of exemplars of various police and lab personnel who were then--whose hair was then microscopically compared by Mr. Deedrick, again, certain questioned hairs in the evidence, and this board was prepared to demonstrate the differences in their hair and why they did or did not match the hairs.

87 THE COURT:

Any objection?

88 MR. BAILEY:

Yes, there is, your Honor.

89 THE COURT:

All right.

90 (Discussion held off the record between Defense counsel.)
91 MR. BAILEY:

In addition to the running objection to the fact we were not shown these the night before the witness was called, the prior witness has testified in order to fairly compare head samples, they have to be taken from different parts of the head. We do not believe there were sufficient samples taken here until the evidence shows to the contrary.

92 MS. CLARK:

Except we have a stipulation to that effect. We have a stipulation to the effect that the exemplars were taken from the police and lab personnel in a forensically appropriate manner.

93 THE COURT:

All right. Let's see the next one.

94 MR. BAILEY:

Also, your Honor, for the record--

95 THE COURT:

Yes.

96 MR. BAILEY:

--we did not get these photographs we do not believe.

97 THE COURT:

Miss Clark?

98 MS. CLARK:

I don't know.

99 THE COURT:

All right. Check on that.

100 MS. CLARK:

I know that the hair samples were of course furnished to the Defense, the samples themselves.

101 MR. BAILEY:

I don't believe, your Honor, that these had been collected by the time we were furnished photographs.

102 MS. CLARK:

The hair samples themselves were sent to the Defense a number of times.

103 THE COURT:

All right. Next board.

104 MS. CLARK:

These are the known head hairs taken from the exemplar for the Defendant and the photographs that depict the questioned hairs recovered from the evidence at the crime scenes which match those hairs in the opinion of our expert, Mr. Deedrick.

105 MR. BAILEY:

No objection except the failure to show the night before.

106 THE COURT:

All right.

107 MS. CLARK:

I don't think we're going to get to the testimony concerning those last couple of boards until tomorrow.

108 THE COURT:

Well, let's see where we are. Let's see the next one. How many of these do you have, Miss Clark?

109 MS. CLARK:

Five more.

110 THE COURT:

All right.

111 MS. CLARK:

And then teaching boards.

112 THE COURT:

Let's go.

113 MS. CLARK:

This is another board, same thing, Defendant's head hairs from the known sample and then photographs from the crime scene evidence, photographs of hairs recovered from the crime scene, evidence which I believe Mr. Deedrick will testify are matched.

114 THE COURT:

The interesting one being also Q23, the hair from Goldman's shirt, and I can't see Q47.

115 MS. CLARK:

Q47, hair from the knit cap.

116 THE COURT:

All right. Mr. Bailey.

117 MR. BAILEY:

No objection except the same objection.

118 MS. CLARK:

This board compares the known cotton fibers from Ronald Goldman's shirt to questioned cotton fibers recovered to items of evidence at the crime scene, one from the Rockingham glove--excuse me--two from the Rockingham glove and then one of the photographs depict the--from the Bundy glove and two of the photographs from the knit hat.

119 MR. BAILEY:

No objection.

120 THE COURT:

All right.

121 MS. CLARK:

Okay. This is fibers that are from the knit hat found at the crime scene, your Honor, the blue knit cap, and the known is K47. These were exemplars I believe removed by Mr. Deedrick himself from the cap, and those are compared to questioned fibers from Mr. Goldman's shirt in the lower two. On this other side, K17 is a known fiber from Nicole Brown's dress and that's compared to fiber found on Mr. Goldman's shirt in Q23.

122 MR. BAILEY:

No objection.

123 THE COURT:

All right.

124 MS. CLARK:

This is the board concerning the match of Bronco carpet fibers. On the upper row, we have known samples, K14, 9. We have two for K14 and one for K9. K9 shows the scanning electronmicroscope photograph of the fiber. The other two I believe are microscopic photographs. They're compared to fibers found on the Rockingham glove and on the knit cap.

125 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)
126 (Discussion held off the record between Defense counsel.)
127 MR. BAILEY:

Can you make the representation as to whether they were ever given to the Defense? I thought I'd been through everything, hair and trace. I haven't seen them.

128 THE COURT:

Mr. Bailey, which photographs have you not seen?

129 MR. BAILEY:

Any of those.

130 THE COURT:

Miss Clark.

131 MS. CLARK:

I don't--if I can be given a moment to find out.

132 THE COURT:

All right. Let's see the next one. Let's hold that one aside.

133 MS. CLARK:

This was the last board made. So it may be that we just got these photographs.

134 THE COURT:

All right. This is bluish black cotton fiber associations.

135 MS. CLARK:

That's correct. The bluish black cotton fiber, your Honor, there is no known exemplar for. However, Mr. Deedrick found bluish black cotton fibers on the Rockingham glove, on Mr. Goldman's shirt and on the Defendant's socks, which all match each other, which is indicative of what was worn on the night of the murder.

136 MR. BAILEY:

Without much further foundation, we object to that exhibit.

137 MS. CLARK:

Well, the foundation is all going to be laid by the expert.

138 MR. BAILEY:

At the moment, we haven't heard it, and we object.

139 THE COURT:

All right.

140 MS. CLARK:

This is a comparison--this is a--one of the bluish black cotton fibers that we indicated was found on Ron Goldman's shirt. The upper one was found to be wrapped around the bloody hair that matched those of Nicole Brown. The lower one is another fiber found on Ron Goldman's shirt. Again, the blue black cotton fiber. To the left of that, those two photographs, as you face the board is a fiber, a blue cotton fiber from Ron Goldman's jeans for the purpose of demonstrating some of the differences that can be seen in fibers and in their color. So the two on the right-hand side are a match to each other and the single photograph to the left of that is there for comparison purposes.

141 MR. BAILEY:

Same--

142 THE COURT:

How do you explain the wrapping around affect?

143 MS. CLARK:

The wrapping around of the fiber around her hair? The--that during the murder, the Defendant was wearing fabric of this kind of fiber, the blue black cotton fiber, and that in the course of stabbing, got some of her hair or in the course of grabbing her by the hair back, in the course of the stabbing, got one of her hairs on his clothing, which, when he went back to Ron Goldman, transferred to Ron Goldman's shirt.

KEY QUOTE
144 THE COURT:

That's an awfully tight wrap around of a small fiber around a hair is the point I'm making.

KEY QUOTE
145 MS. CLARK:

Mr. Deedrick will be able to explain that.

146 THE COURT:

Just curious. All right. Mr. Bailey, your objection is what?

147 MR. BAILEY:

Same as before, your Honor. I don't think there's an adequate foundation. After Mr. Deedrick testifies, perhaps they can lay a foundation. But I don't see one yet.

148 MS. CLARK:

The foundational deficiency that counsel is referring to is the lack of a known standard?

149 MR. BAILEY:

Among others.

150 THE COURT:

This is head hairs from Ronald Goldman. All right. Mr. Bailey, any objection to this?

151 MR. BAILEY:

No. No, your Honor.

152 THE COURT:

All right. Dog hair comparisons.

153 MS. CLARK:

On this board, we have the known samples in the upper row. Again, the first three as you face it from the left to the right, being from Kato, and the last one from Chachi on the upper row. And on the bottom row, we have questioned samples taken off the glove found at Bundy, one of which Q7A appears to match Chachi's hair and then the other questioned samples that match Kato are from the glove at Rockingham and the glove at Bundy.

154 MR. BAILEY:

No objection.

155 THE COURT:

All right.

156 MS. CLARK:

Now, we have teaching boards. Carpet fiber variations.

157 THE COURT:

Mr. Bailey?

158 MR. BAILEY:

No objection.

159 MS. CLARK:

And again, this is another instruction board concerning fibers.

160 MR. BAILEY:

No objection.

161 THE COURT:

Take it away.

162 MS. CLARK:

There you go.

163 THE COURT:

I've seen it. Thank you. Last one.

164 MS. CLARK:

Cotton fibers. Teaching board, again instruction.

165 THE COURT:

Any objection?

166 MR. BAILEY:

No, your Honor.

167 THE COURT:

All right. All right. I have--

168 MS. CLARK:

Then we have summary boards, which you've already seen.

169 THE COURT:

Yes. All right. I have five objections--

170 MS. CLARK:

I'm sorry. There's one more thing. With respect to the educational, we have a series of photographs on laser showing the microscopic comparisons, how they're conducted and the different--

171 THE COURT:

Don't you think we should see those?

172 MS. CLARK:

Sure. What is--that's why Mr. Fairtlough will show it to us now on laser.

173 THE COURT:

Shouldn't we have seen these a while back?

174 MR. BAILEY:

We haven't seen the corrected board I don't think.

175 THE COURT:

How many of these photos do we have on the laser disk?

176 MS. CLARK:

Of these teaching photos, your Honor?

177 THE COURT:

Yes.

178 MS. CLARK:

John? Five or six? Your Honor, we had--

179 THE COURT:

All right. The first one is transmittance, appears to have something to do--what is this? Color wave length?

180 MS. CLARK:

Yes, your Honor.

181 THE COURT:

Blue fiber. Blue fiber. All right. Mr. Bailey, any objection to this?

182 MR. BAILEY:

No, your Honor.

183 MS. CLARK:

Color comparison chart.

184 THE COURT:

All right. Let's see the next one? Absorbance. Any objection to this?

185 MS. CLARK:

That shows measurement by light absorbance, comparison of fat fibers. It's an example, right. It's not our evidence, correct?

186 MR. DEEDRICK:

No. It's just an example.

187 MR. BAILEY:

No objection.

188 MR. DEEDRICK:

Absorbance, brown cotton fiber, brown cotton fiber.

189 MS. CLARK:

Again, an example, not our evidence.

190 MR. BAILEY:

No objection.

191 THE COURT:

Next one.

192 MS. CLARK:

This is for the purpose of teaching, the components of hair.

193 THE COURT:

Any objection?

194 MR. BAILEY:

No, your Honor.

195 THE COURT:

All right.

196 MS. CLARK:

Again, same thing, purpose of teaching, components of hair.

197 THE COURT:

Titled "Hair shaft."

198 MR. BAILEY:

No objection.

199 MS. CLARK:

Same thing for teaching.

200 THE COURT:

Fibers.

201 MS. CLARK:

Fibers.

202 MR. BAILEY:

No objection.

203 THE COURT:

All right.

204 MS. CLARK:

This shows the process of examination using--

205 THE COURT:

Indicating the use of a microscope.

206 MR. BAILEY:

No objection.

207 MS. CLARK:

This shows the process of mounting.

208 THE COURT:

A hair.

209 MS. CLARK:

A hair.

210 MR. BAILEY:

No objection.

211 THE COURT:

All right. This is hair analysis, pulling evidence from a pillbox.

212 MS. CLARK:

Placed on glass slide, cover slip.

213 THE COURT:

Any objection?

214 MR. BAILEY:

No objection.

215 THE COURT:

Next.

216 MS. CLARK:

Permount.

217 MR. BAILEY:

No objection.

218 THE COURT:

Next.

219 MS. CLARK:

Blotting off the excess solvent.

220 MR. BAILEY:

No objection.

221 MS. CLARK:

Looking at the slide under the stereomicroscope.

222 MR. BAILEY:

No objection.

223 MS. CLARK:

And a close-up view of the slide under a stereomicroscope.

224 MR. BAILEY:

No objection.

225 MS. CLARK:

We already did this. Fiber analysis. This shows the FTIR with microscope attachment.

226 MR. BAILEY:

No objection.

227 THE COURT:

Next.

228 MS. CLARK:

This shows another form of fiber analysis, the microspectrophotometer. Another aspect of fiber analysis is the florescent microscope.

229 MR. BAILEY:

Can we go back to the other one? I'm speaking with Dr. Morgan.

230 (Brief pause.)
231 MR. BAILEY:

No objection.

232 THE COURT:

All right. Next.

233 MS. CLARK:

Florescent microscope.

234 MR. BAILEY:

No objection.

235 THE COURT:

Next.

236 MS. CLARK:

This is--this just demonstrates the photograph that is taken as a result of the magnification done by a scanning electron microscope.

237 MR. BAILEY:

I can't read the writing in the upper right corner. Do you know what it says?

238 MR. FAIRTLOUGH:

1991 bronco-1850 nylon.

239 MR. BAILEY:

Pardon me?

240 MR. FAIRTLOUGH:

1991 bronco-1850 nylon.

241 MR. BAILEY:

No objection.

242 THE COURT:

Next.

243 MS. CLARK:

Same thing.

244 MR. FAIRTLOUGH:

`92-`94 bronco-1405 nylon.

245 MR. BAILEY:

We haven't seen these before. Do I understand these are from other broncos?

246 MS. CLARK:

Yes. Right? Wait a second. Oh, oh. From other broncos?

247 MR. DEEDRICK:

Representation from a Bronco. Yes, that year.

248 MS. CLARK:

From `92? Or `92 to `94?

249 MR. DEEDRICK:

It doesn't matter. I think it was a `94 model where I got a sample from.

250 MS. CLARK:

It was a--not this Bronco?

251 MR. DEEDRICK:

No.

252 MR. BAILEY:

So for comparison purposes.

253 MR. DEEDRICK:

It's an illustration to show how they changed.

254 MR. BAILEY:

No objection.

255 THE COURT:

Next.

256 MR. FAIRTLOUGH:

1995 Bronco, 1405 nylon.

257 MR. BAILEY:

Well, it's kind of late in the game to be showing us all this, and I don't see what a `95 Bronco has to do with a `94 Bronco.

KEY QUOTE
258 MS. CLARK:

It just shows the changes, the manufacturer changes.

259 MR. BAILEY:

The fact of a change to `95 is not historical in the case, right?

260 MS. CLARK:

It's illustrative of the differences that you can find in fiber shapes and cross-sections.

261 MR. BAILEY:

No objection.

262 THE COURT:

All right. Next.

263 MR. FAIRTLOUGH:

These are the last two. This is an elmo version.

264 MS. CLARK:

Again, teaching. This will be--

265 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)
266 MR. BAILEY:

No objection.

267 THE COURT:

All right. The Court's had an opportunity to look at these exhibits. You may take your places again, counsel. All right. Either side have any other comments they want to make as to these items?

268 MR. COCHRAN:

Will your Honor allow us a moment to have a break to have further comment? Can we have perhaps--will the Court allow us 10 minutes?

269 THE COURT:

To confer on these exhibits?

270 MR. COCHRAN:

Yes. Yes, your Honor.

271 MR. BAILEY:

We haven't seen most of them before or had a chance to discuss them.

272 MS. CLARK:

I do apologize, your Honor, but we were correcting and fixing and changing them up until literally this morning.

KEY QUOTE
273 THE COURT:

Well, counsel, they're only asking for 10 minutes right now.

274 MS. CLARK:

No. I'm apologizing to counsel.

275 THE COURT:

Okay. Take 15. Also, the record should reflect, counsel, I did receive a videotape from Dr. Lakshmanan. So if you want to deputize somebody to come back and take a look at it.

276 (Recess.)

Temperature

procedural

Key Quotes (5)

Lance A. Ito
That's an awfully tight wrap around of a small fiber around a hair is the point I'm making.
Ito spontaneously questions the physical plausibility of Clark's murder narrative explanation for the fiber-wrapped-around-hair evidence, showing active judicial engagement with the science.
Marcia Clark
The wrapping around of the fiber around her hair? The--that during the murder, the Defendant was wearing fabric of this kind of fiber, the blue black cotton fiber, and that in the course of stabbing, got some of her hair or in the course of grabbing her by the hair back, in the course of the stabbing, got one of her hairs on his clothing, which, when he went back to Ron Goldman, transferred to Ron Goldman's shirt.
Clark lays out the prosecution's physical narrative of how fiber transferred from Simpson to Nicole to Goldman during the murders.
Marcia Clark
I do apologize, your Honor, but we were correcting and fixing and changing them up until literally this morning.
Clark admits the exhibits were finalized the morning of testimony, explaining why Defense had not seen them — a recurring discovery tension throughout.
F. Lee Bailey
Well, it's kind of late in the game to be showing us all this, and I don't see what a '95 Bronco has to do with a '94 Bronco.
Bailey flags both a discovery complaint and a relevance challenge to the comparative Bronco fiber photographs from different model years.
Lance A. Ito
Nice boards.
A candid moment of judicial approval that prompts Clark's surprised 'You like them?' — one of the few light exchanges in an otherwise administrative proceeding.

Evidence (14)

Informal
Board: 'Black head hairs, 16 different individuals' — FBI atlas demonstrative of African American hair varieties
reviewed, objected to on representativeness grounds, allowed as demonstrative
Informal
Board: Known head hairs from Nicole Brown Simpson compared to questioned hairs from crime scene evidence
reviewed, no objection
Informal
Board: Known head hairs from Ronald Goldman compared to hairs from Goldman's shirt
reviewed, no objection
Informal
Board: Elimination head hair samples from police and lab personnel
reviewed, objected to on discovery and foundation grounds
Informal
Boards: Known head hairs from OJ Simpson compared to questioned hairs from crime scenes (multiple boards)
reviewed, no objection except running discovery objection
Informal
Board: Cotton fibers from Ronald Goldman's shirt compared to fibers from Rockingham glove, Bundy glove, and knit cap
reviewed, no objection
+ 8 more

Notable Exchanges (4)

Lance A. ItoMarcia Clark
Ito questions Clark's narrative explanation for how a fiber came to be 'tightly wrapped' around Nicole Brown's hair, noting the physical improbability is something he finds notable. Clark defers to Deedrick for the explanation.
probing
Peter NeufeldMarcia ClarkDouglas Deedrick
Discovery dispute over FBI photographs: Deedrick confirms he gave notes and photographs to special master Longetti for delivery to Defense expert Scholberg in September 1994, but neither Longetti nor Scholberg could be reached to confirm receipt.
tense
Lance A. ItoF. Lee BaileyRobert Blasier
Ito attempts to establish which defense attorney is handling the hair/fiber witness and which is handling the boards, requiring both Bailey and Blasier to clarify their respective roles before proceedings could continue.
procedural
F. Lee BaileyDouglas DeedrickMarcia Clark
Exchange over Bronco carpet fiber SEM photographs from other model year Broncos — Bailey challenges relevance of 1995 Bronco to the 1994 Bronco in the case; Deedrick clarifies photographs illustrate manufacturer changes in fiber cross-section shapes.
strategic

Light Moments (1)

Lance A. Ito / Marcia Clark
After reviewing the hair comparison boards, Ito spontaneously offers 'Nice boards.' Clark responds with a surprised 'You like them?' — a brief moment of levity in an otherwise administrative hearing.

Witness Demeanor

(Discussion held off the record between the Deputy District Attorney and Defense counsel.)
(Brief pause.)
(Discussion between Deputy District Attorney and Mr. Deedrick.)
(Discussion held off the record between the Deputy District Attorney and Defense counsel.)
(Discussion held off the record between Defense counsel.)
(Brief pause.)
(Recess.)

Objections

7 objections (0 sustained, 2 overruled)
Proceeding 6595 • 276 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUN 28, 1995 📄 Motion: exhibit admission
JUN 28, 1995 KRT DvH TD