All right. Thank you, ladies and gentlemen. Please be seated. Let the record reflect we have finally been rejoined by all the members of our jury panel this morning. Good morning, ladies and gentlemen.

THE JURY: Good morning.

As you recollect, yesterday we ended a little early because there were several things that I needed to take up with the lawyers, and we spent a long time yesterday and we spent a long time again this morning. I apologize to you for that. Unfortunately these things happen during the course of the trial, hard fought trial. Miss Clark, the People may call their next witness.

Thank you, your Honor. Good morning, ladies and gentlemen.

THE JURY: Good morning.

The People call Mr. Douglas Deedrick.

Douglas W. Deedrick, called as a witness by the People, was sworn and testified as follows:

Please raise your right hand. You do solemnly swear that the testimony you may give in the cause now pending before this Court, shall be the truth, the whole truth and nothing but the truth, so help you God.

I do.

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

My name is Douglas W. Deedrick. Deedrick is spelled D-E-E-D-R-I-C-K.

Miss Clark.

Thank you, your Honor.

DIRECT EXAMINATION BY MS. CLARK

Mr. Deedrick, can you tell us where you are employed?

I'm a special agent with the Federal Bureau of Investigation. I'm currently assigned at the FBI laboratory in Washington D.C.

How long have you been with the FBI, sir?

Well, I have been with the FBI for 23 years and I have been working in the laboratory now for a little over 17.

What is your current assignment?

Currently I'm the unit chief in the hairs and fibers unit of the scientific analysis section. I have been the unit chief for approximately two years.

What are your duties as unit chief?

Well, as unit chief I'm responsible for supervising other special agent examiners, support examiners and physical science technicians. I review reports that they compile. I provide protocols and information regarding the operations of the unit. I supervise various programs that are undergoing in the unit, such as skeletal remains. We have a DNA program that we are currently researching and other matters that deal with evidence admission and evidence examination.

Approximately how many employees do you supervise, sir?

I supervise about twenty employees.

Are they all hair and trace examiners?

Yes, they are.

And what is your education?

I came into the FBI in 1972 with a bachelor's degree in biology from Indiana University.

Can you tell the jury what you've done with the FBI over the past 23 years?

Well, in 1972 I hired on with the FBI as a clerical employee and I was a file clerk. I gave tours at FBI headquarters for several years and then I went in to new agent class in 1976. After completing new agents training, I was assigned to New York City as my first office, where I was involved in fugitive investigations and other matters. In late 1977 I was reassigned to the laboratory division into the hairs and fibers unit where I had one year of training and after that time became an examiner. Since that time I have primarily been an examiner in the unit.

And you continue to examine as part of your duties?

Yes.

And by "Examine" we mean hair and trace submitted to you in various cases?

We get evidence submitted to the FBI laboratory from local and state law enforcement agencies around the country and around the world. We also do support work for our FBI field operations, such as investigating bank robberies or kidnappings, hijackings, extortions, a number of investigations that we are responsible for as a law enforcement agency. We may conduct examinations in those cases.

So it sounds like all kinds of cases?

Well, there are number of violations, federal violations that we may get involved with, and from the standpoint of local and state, most of our work deals with homicide investigations, sexual assaults, aggravated assaults and other matters that are primarily the concern of local and state law enforcement.

So you are testifying in this case--it is a local case, right? This is not a federal case, is it? It is a state case?

Yeah, it is a state case, right.

Is it unusual for you to be testifying in a state case for a local agency?

No. Probably most of my testimonies have been in state Court.

Now, approximately how many cases have you examined in the lab?

Well, I've examined probably 4000 cases since 1978. That is about when I finished my training. I've testified in maybe 400 of those cases, so about ten percent of the cases that I work involve some form of testimony.

And in those 400 cases in which you have testified, have you qualified as an expert in the field of hair and trace examination?

I have. I also do feather examinations and I do some wood examinations, too, but it is trace-related.

Have you always testified for the Prosecution?

No.

You have testified for the Defense as well?

Maybe 25 or 30 times.

Whenever they ask you to?

Have you been involved in any training duties in the unit?

Well, as unit chief I kind of added on the training coordinator responsibilities which I had already had prior to becoming unit chief, so I am responsible for making sure that the training programs implemented in the unit for all the--the technicians, as well as the examiners, are complied with and the requirements met. I also teach at the FBI academy. I teach--I haven't taught new agents yet, but I have taught national academy individuals, people--law enforcement individuals who go to the FBI academy for a 15-week training period. I have lectured them. I have lectured in-service training for agents in the field and also I teach introduction to hairs and fibers, which is a two-week course that we provide other law enforcement agencies and other laboratories in how to do hair and fiber examinations.

Now, do you provide technical assistance to other agencies or institutions?

I do. I have been involved with training other individuals that are interested in hair and fiber type examinations. I've trained people from the CIA, from the postal inspectors. I've worked with people from the air force, the navy, NASA, Smithsonian. Quite often the Smithsonian will come up with some interesting artifact and they want some expertise on maybe hairs that are recovered or fibers that are found to determine the authenticity of a particular item. They may--and they have in the past come over to the laboratory and I've done examinations for them.

Now, have you made any presentations at international symposiums?

I have. I made two presentations in Mexico at the Forensic International Symposium.

And what was that concerning?

Well, that was primarily the significance or the value of hair and fiber evidence to promote it in a sense to show the value of it to these investigators so that they may incorporate that type of analysis in the investigation of crimes in their areas.

Do you collaborate with other experts through forensic associations?

Yes. I have attended meetings down at--down at the academy. I went to the 1985 international hair symposium, sat on a committee there. I also--I have attended technical working group for fiber examinations--examiners which is at the academy and it is made up of individuals from around the country who are interested in developing knowledge about fiber examinations. I have attended the European fibers group meeting in Sweden just recently, and again that is working with the Europeans on the same type of work, but collaboration is part of growth and it is part of learning more about the field that we are working in.

You indicated that you did--you are involved in some training. Is there a training committee that you are involved with?

Well, there was a training committee that was established to establish guidelines for the new examiners that are coming on board around the laboratory to make them more uniform throughout the lab, and I was designated as a member of that committee to establish those guidelines. In the past I have been involved with committees that have essentially supervised the training and during the whole year of their training to make sure that the requirements of that unit were met, and it is sort of an outside review, as opposed to an internal review.

So you designed the training program?

Well, in the unit. I designed the hairs and fibers training program both for the technicians and for the new examiners.

Have you ever heard of proficiency tests?

Yes.

Do you take--do you administer those, in the course of your job as unit chief, to your employees?

I design the proficiency test relating to hair and fiber examinations for all the examiners in the unit. They take two tests a year. I have one of the examiners make up--make tests for me so I can maintain some proficiency. Working cases helps, but it is just a way to check. We do have a blind testing program which is--comes out of Quantico at the academy at the training division where tests come in or cases come in from field offices or other agencies. They look like a regular case and they are worked as a regular case and then they are reviewed--they are sent back to Quantico for review to see if they were done properly, if they were done in a timely fashion, just to review the accuracy and timeliness of the case.

In that situation then you are being tested but you wouldn't know it?

You wouldn't know it. As an examiner you wouldn't know it.

Well, what if you make a mistake on one of those blind tests, how do you find out?

Well, the blind test results are returned back to the unit chief for review. The unit chief will then determine if the case was done properly. I would review the notes of the case to make sure they were done. No recommendation is done at this particular time. I then return that to the training committee at Quantico who then makes final determinations. We are involved in external training as well. We have been taking external tests from the European fibers group and from other groups over the years.

By "External tests" you mean?

Well, an external test is a proficiency test that is provided from outside your own group, such as the European fibers group over the past couple years has sent tests out that we've--we've worked with and sent back a response in the past. And I can't recall how many years ago I think the English were sending around a test and I was asked to take the test for our unit and I haven't heard any results on that.

What does that mean, you haven't heard any results on that? Is there any significance to that?

I object as speculation.

Sustained.

Let me ask you, sir, if you know when you are tested, either through a blind proficiency test which you don't know you are being tested by Quantico or by an external test, are you notified if you made a mistake?

You become aware of it, yes, they will let you know. And the purpose of these tests, whether they are internal, external or blind, is to see if anybody is having a problem. If somebody is not making the matches that they should make or they should--that they make the proper associations are not--

I object to the use of the word "Match," your Honor.

Sustained.

May I lay a foundation, your Honor?

Proceed.

So you are notified if you make a mistake or you are made aware of that?

I object to that. He can't testify to what others do and don't do.

Overruled. Proceed.

The purpose of proficiency tests, as I said--

Go ahead and ask another question.

Did he answer it?

The question are you notified, yes or no?

Yes.

He has answered the question.

And the answer was yes.

Okay. Have you ever been notified, sir, of having made a mistake on a proficiency test?

No.

How about anybody else in your lab?

And since 1986 when proficiency testing began you have not had any mistakes brought to your attention?

No.

Made by anyone?

No. In the last few years I have been grading the tests as well.

Now, when--okay. Earlier you used a term and I would like to ask you about its scientific propriety. When you make an examination of hairs or fibers and you attempt to compare them to see if they are the same or similar composition, do you ever use the term "Match"?

Sure. We use the term "Match."

And when you use the term "Match" what do you mean?

Well, a match indicates that the questioned material and the known material exhibit the same microscopic characteristics. With textile fibers they may also exhibit certain optical properties which are also the same. When I say "Match," we cannot say with absolute certainty that a fiber originated from a particular fabric. It is not possible to do that, nor do we say that a hair that is found at a crime scene or in a proficiency test originated absolutely from that individual. Now, on a proficiency test you know it did because that is the way the test is designed. You have a known sample from an individual and you have a questioned hair. Now the questioned hair, I know came from that person. That is a fact. But the most an examiner can say about that hair is that hair could have come from that person if it exhibits the same microscopic characteristics. It is a fine line but we only say "Could have."

If it please the Court, in view of that explanation--

Your Honor, are we having speaking objections now?

Sustained. Counsel, side bar with the Court reporter.

Right.