All right. Thank you, ladies and gentlemen. Please be seated. Let the record reflect we have been rejoined by all the members of our jury panel. Dr. Lakshmanan is still on the witness stand undergoing direct examination by Mr. Kelberg. And Mr. Kelberg, you may continue with your direct examination.
Thank you, your Honor. And again, with the Court's permission, could Dr. Lakshmanan step down, and we will put the photographic board--and maybe all counsel and Drs. Baden and Wolf will wish to retake their position.
Doctor, I would like to now go into a more detailed description from you of stab wound no. 1 and then go through the series of the four stab wounds.
Stab wound no. 1 is located on the left neck and it measures 7/16 of an inch by 1/8 of an inch in the photographic measurement I did.
Yes, (Indicating), and 3/16 inch in the transverse or anthroposterior access as I'm pointing here, (Indicating).
So this is the wound, when I measured it, in the state I could see it in the photograph, in the one-as-to-one photograph which I had.
The wound in Dr. Golden's measurement is 5/8 inch in length, in his description. The blunt end, as I mentioned earlier, is in the inferior part and the sharp end is in the upper part of the wound, and this wound penetrated the left side of the neck in a left to right direction and was up to two inches in-depth.
Doctor, from the information in Dr. Golden's protocol and your evaluation of the life-size photograph, can you tell us anything about the relative positions of the perpetrator and Nicole Brown Simpson at the time stab wound no. 1 was inflicted?
Yes. Doctor, for example, when I say "Relative positions," can you say whether the two were, relatively speaking, face-to-face, one was behind the other? Can you give us any additional information from that stab wound no. 1?
It could be a situation where they were facing each other and the assailant had a weapon in the right hand and that wound could have been inflicted in that manner.
Excuse me. I will step over back here again. Can you use me as Nicole Brown Simpson, just to show, relatively speaking--incidentally, when you use the term, and I used the term "Relative positions," what does that mean to you as a forensic pathologist?
It just means the positions in which these wounds could have been inflicted by the medical findings one has.
All right. Can you use me as Nicole Brown Simpson and indicate how in your opinion the--Nicole Brown Simpson and the perpetrator could have been face-to-face and have the stab wound no. 1 inflicted with a right-handed held knife?
And your Honor, for the record, Dr. Lakshmanan with his right hand, clenched fist representing holding a knife, has raised his arm above my left shoulder and has it angled at about a 45-degree angle towards my neck.
All right. Why don't you trade places so that the jurors can actually see the right arm.
The knife in question is a single-edged knife and the blunt edge would be on the lower part and the sharp edge would be the upper part corresponding to the wound.
Is there any way for you as a forensic pathologist to be able to say with specificity what was the actual relative positions?
Is there any way, given that you cannot say with specificity the relative positions, that you can say whether the knife was being held by the right hand or the left hand of the perpetrator?
And does the hand depend on what the actual--I will tell you what--does the hand that has the knife then depend--a finding depend on the relative positions at the time the wound was inflicted?
Now, can you do basically the same identification process for stab wound no. 2, or I'm sorry, sharp force injury no. 2?
Sharp force injury no. 2, I'm pointing to it right now, (Indicating), 1/8 inch, superficial. It is a superficial puncture/incise wound.
Doctor, in your opinion would that superficial incise wound create any extensive bleeding?
Incidentally, stab wound no. 1, if it did in fact strike either the left jugular vein or the left carotid artery, would that wound in your opinion be fatal if there was no medical intervention?
It could be potentially serious wound if the carotid artery and jugular vein was injured.
My question is would it, in your opinion, be a fatal wound if in fact Nicole Brown Simpson did not receive immediate and appropriate medical care?
If she did not receive proper medical care it could be a potentially serious fatal wound.
I would assume a fatal wound is a serious wound. In your opinion is it a fatal wound?
Now, doctor, in fact if there had been such a striking of the jugular or--and/or carotid, could that wound be fatal even with immediate and proper medical intervention?
Now, stab--I'm sorry--sharp force injury no. 2, in your opinion is that a non-fatal injury?
And other than being a superficial incise wound, does it have any significant bearing on the cause of death of Nicole Brown Simpson?
Is there anything else about--I'm sorry. Can you tell anything about the relative position of Nicole Brown Simpson and the perpetrator from the appearance of that sharp force injury no. 2?
So in the relative positions of face-to-face that you showed, that is a possibility?
That is a possibility and it could also be the person who had the weapon in the left hand and was in the back, that same kind of wound could have been inflicted in a left or right direction.
This stab wound, (Indicating), is transversely oriented. That is side-to-side in this photograph, in contrast to the other wound which is more in a vertical orientation, so this is more in a horizontal orientation. It has got a blunt end in the front and a sharp end in the back and this wound measures 5/16 inch by 3/16 inch in the state of the photography reviewed in the one-as-to-one photograph.
Doctor, from your review of the life-size photograph, is your measurement consistent with any measurement made by Dr. Golden, given limitations of measurements from photographs that you described yesterday?
There is no significant difference if you take the limitations of the process into consideration.
I discussed them yesterday. The photograph I'm viewing is a two-dimensional photograph. It is a slightly gaping wound. Dr. Golden approximated the wound when he did the measurement and when you approximate, you know, the wound can be longer because he measured it as a half an inch long wound and this--and also indicated that--the other problem when you do photographic measurement is that when you have a curvature like this, the neck is a curved area of the body, your measurement of the photograph doesn't take into consideration the curvature component which you would do in a real life measurement when you are measuring the wound in an approximated. State so given those limitations, his measurements are not significantly different from mine.
Now, doctor, is in your opinion stab wound no. 3 a potentially fatal stab wound if in fact it struck either the carotid or the jugular?
Stab wound no. 4 is the lower most wound. It also has the same horizontal orientation. It has got a sharp end on the right side of the photograph and a blunt end on the front of the photograph. And this wound in its gaping state measured 9/16 inch by 3/8 of an inch, the 9/16 inch being the horizontal component and 3/8 being the vertical component. And Dr. Golden measured his wound in his original notes as 7/8 inch in the approximated state, and given the limitations of the process, I saw no significant difference attributable to my measurements. And this wound also is a track in the body about one and a half inches.
Now, doctor, I don't think I asked you on stab wound no. 3 about relative positions. Would your answers be the same as to relative positions of Nicole Brown Simpson and the perpetrator in a right-handed or left-handed nature of the knife being held as they were for stab wound 1 and 2?
All right. Now, stab wound no. 4, excuse me, if that had--stab wound had in fact hit in any fashion, either the jugular or the carotid, would that stab wound be a fatal stab wound?
Would it still be a stab wound which would produce significant bleeding if it struck neither the carotid or the jugular?
Would your answers about relative positions of the perpetrator and Nicole Brown and the right-handed or left-handed nature of holding the knife be the same for stab wound no. 4 as they have been for stab wound 1, 2 and 3?
Doctor, is there any significance to you, as a forensic pathologist, that these four stab wounds appear to have a linear relationship if one goes from the stab wound no. 1 to sharp force injury no. 2, to stab wound no. 3, to stab wound no. 4?
Yes. It does have a significance because they are all localized to one area of the neck which would signify that there was some limitation of movement created at least to the neck area when these wounds were inflicted by the assailant, because they are localized to one area, more or less in the same area. And there is some movement, because one wound is not as deep as the other, but still it would signify some partial immobilization, at least because given the localized area of all these four stab wounds on that area.
Prevent movement of the person by holding them or holding them against a wall or just holding them tight so that you have some control over them that they cannot exert the same degree of movement as you would expect in a person who is not so compromised.
If a person were not so compromised, would you expect that person to try to avoid being struck by the knife?
Now, doctor, is there anything else, with respect to a description of these four sharp force injuries along the neck as seen in photograph B-18, you wish to bring out?
If we could move them, we are going to go back to the protocols and the diagrams.
And I will ask Mr. Lynch when he is at that position, we are putting 0B up, and we are putting--which is the protocol, and we are putting 3B up which is our form, I believe, 22.
Now, doctor, did Dr. Golden address each of these four sharp force injuries that we have been looking at in B-18 in his original autopsy report?
All right. Your Honor, then on page 5 of the protocol in the upper left-hand corner under "Description and multiple stab wound," I'm writing "B-18." I will leave it at that.
Yes, no. 4 stab wound the 7/8 wound which I discussed last continues on to page 6.
Would it be accurate, doctor, that the description on B-18 ends where I've got the red marker here, (Indicating)?
And so your Honor, with that red marker I'm making a u-shaped box, if you will, around those two photographs on page 6 and writing "B-18" within the margin.
Doctor, did Dr. Golden diagram in any fashion on any of the diagrams those four sharp force injuries?
The four stab wounds are diagrammed on the left side of the neck, in the lower right quadrant of this board, 1, 3, 4 and 2 is here, (Indicating), and you also have the description of all the wounds described.
Well, let's start--first of all, where do you see the description for the four stab wounds?
One description is here, (Indicating), and then 2 and then you have stab wound no. 3 here, (Indicating), and 4 here, (Indicating).
All right. I'm going to put a box around that on the diagram and write in "SW no. 1."
And actually this includes also because it says, "Three inches below the EAC" which is external auditory canal. From here it is three inches below here, (Indicating), so that should be included, too.
All right. I will raise the even circled area on the lower right-hand side of the diagram to include that.
I'm sorry. Can you all see? No. 1 is this 1/8 superficial wound here which I alluded to here which is no. 2, (Indicating).
All right. In that area, doctor, I'm going to circle where you have just been pointing and write "SW--actually "SF" for sharp force no. 2.
No. 3 is here, (Indicating), and the orientation is here and this half an inch and this is the--
All right. Would it be accurate to say, doctor, that the area I'm circling now in the form, taking in the right lower quadrant, is the area of the diagram of sharp force injuries 1, 3 and 4?
So I'm going to mark "SW no. 1, SW no. 3, SW no. 4," and then the area that you circled or with the pointer outlined in the lower left quadrant of form 22 I'm circling and I will write in this is "SW no. 3"; is that correct, doctor?
And I will circle that area and write "SW no. 4." Doctor, can you identify the content of Dr. Golden's description there for us?
This is--he described as a 7/8 inch wound, 1/32 blunt end in the front, sharp end in the back and one-to-one and a half inches deep, and if you look at the same description here, one to one and a half inches.
"Here" was a reference to page 6 of the autopsy form no. 12. Doctor, anything further with respect to identification on these four sharp force injuries on diagram 22?
Was there any reference to these four sharp force injuries in Dr. Golden's addendum?
While we are in this position, let me cover just a couple of brief points, if we could.
Now, in the upper part of that document there is a date and time listed. Do you see that?
And that is what you indicated is the fullest type of autopsy performed in your office; is that correct?
You also testified yesterday, I believe, regarding a mix-up in identification of a specimen between urine and bile; is that correct?
Yeah, but the form doesn't reflect the mistake because the form was correctly marked as bile in there. What was marked wrongly was the bottle. You see, the bottle has spaces--the wrong box was marked off on the bottle, so not on the 15.
And there is a box marked "Witnesses to autopsy" which has been checked and there appear to be the name of "Vannatter and Lange, LAPD 6/14/94"?
And that is to reflect officers Vannatter and Lange were present to observe the autopsy?
Now, if we could flip this to the next form, 16, now, you mentioned that this type of form is used to write in a lot of information as the autopsy is performed; is that correct?
And it also includes a reference to the time over which the autopsy was conducted, the formal autopsy; is that correct?
In the lower part of the form. The autopsy was started at 8:30 and completed at 10:30 from the inscriptions on this form.
Doctor, also, is this from an external exam list of areas an indication by Dr. Golden regarding the height and weight of ms. Brown Simpson?
Doctor, is there anything else that you wish to bring to the attention of the ladies and gentlemen of the jury regarding those four stab wounds or sharp force injuries?
I would like to move just briefly to what is obviously a cropped photograph that is right next to you in the lower series of photographs that I believe is marked B-10. Is that the designation of a better view of it than I, doctor?
Doctor, again just to be clear, this is cropped pursuant to the order of the Court, correct?
And you viewed the full photograph both in the set of sizes these are in general and also in the life-size photographs; is that correct?
It shows a small reddish brown abrasion in the right side of the face a short distance from the eyebrow area.
Now, you talked about an abrasion yesterday being a blunt force trauma type injury; is that correct?
And is the color that you see of that abrasion of any significance to you in evaluating when in relationship to death that injury was received by Nicole Brown Simpson?
Reddish brown color we have here, would indicate it is an antemortem abrasion.
Basically when you have an injury indicated that you will have inflammatory response and sometimes bleeding. Here there is no bleeding but you have the reddish brown color because of the vascularity of the structures underlining it. And there is no microscopic section available of this area, but looking at it from my experience and the appearance of this wound, it is a wound which happened when she was alive.
Doctor, can you identify any source for the abrasion that you see in that photograph?
It is a nonspecific type of abrasion. There is no pattern to it. So any rough surface could have caused this type of abrasion which could be--any type of rough surface could have caused this. Depending on what kind of items are given as a hypothetical situations, we can discuss it further.
From your visits to the 875 south Bundy location--and you testified yesterday you did examine the environmental surroundings there for looking for sources for blunt force trauma--can you--did you find any that would be consistent with being a source for this particular abrasion identified in B-10?
Yes. There is--there is a staircase there and there is a wall, a metal side wall, and this could be from the wall where there is enough surface from the wall.
How is that inflicted then between a rough surface of a wall and the area of the body where this abrasion is seen?
Well, the head could have come in contact with the wall. That would be one way it could have been caused.
Doctor, could you slide the photograph board--just slide it down for me and take a look for a second.
May I have just a moment, your Honor, and I think it will be helpful, doctor, if you slide the board back the other way so microphone is not covered.
Doctor, in your opinion, is that particular abrasion a non-fatal blunt force trauma injury?
Is it something which would allow you, as a forensic pathologist, to identify with specificity the manner in which it was inflicted?
Is there any way that you as a forensic pathologist can tell us, in the sequence of wounds that were received by Nicole Brown Simpson, when that was, other than to say it was received while she was alive?
Did Dr. Golden describe this particular abrasion in his original autopsy protocol?
Yes, he did, and he also diagrammed it. He described it in page 8 of his autopsy protocol.
Fifth paragraph: "External injuries of the scalp, small abrasion, reddish brown measuring 3/8 by quarter inch appearing to be antemortem is found lateral to eyebrow."
Your Honor, may the record reflect with the red marker I am circling that area. I am writing "B-10" on the left margin of that on page 8 of the form 12 protocol.
Doctor, would you identify on form 22 where Dr. Golden has described it or diagrammed it.
All right. First of all, where he diagrammed it, I will circle that area, and this is in the lower left quadrant. I will draw a line out to the clear area and I will write "B-10" there?
And I will circle that area and drawn a line to connect the earlier writing of mine of B-10.
Yes. We did an addendum on this and the measurement has changed in the addendum.
And I will circle that on the blow-up and write "B-10" out at the margin. Now, what is the difference, doctor, between what is described here in the addendum and what was initially--let me hold up--
The initial measurement was 3/8 by quarter inch. The measurement was about half an inch by quarter inch.
Doctor, do you have any information, from your review of all of the materials, on which this revision on the description of that abrasion was made?
He made it in the addendum and I--I think what happened was he had included this injury in the body of the report under the systemic review and he thought he probably didn't address it and then when he saw the photographs he addressed it in the addendum thinking he didn't address it. But I don't have an answer why he called it half-inch by quarter inch. I think he measured it from the photograph he had when he measured it.
Doctor--sorry, your Honor. Doctor, according to the diagram, that diagram entry that we circled in the lower left side with the B-10, that handwritten entry was made at the time of the autopsy by Dr. Golden?
Is there any significance to you, with respect to the difference in description half an inch versus quarter inch, 3/8 inch by quarter inch, on this particular abrasion on any of the issues you reviewed?
So you have what would be a third series of dimensions for that particular abrasion; is that correct?
Is there any significance to you in the difference between your measurement from the one-to-one photograph and the two measurements that are provided in the original protocol and the addendum?
Is that difference a difference that can be attributed to something other than the limitations of the process of photographic measurement?
And given that difference of 1/16 of an inch, is that difference consistent with the limitations that you have described of photographic measurement?
My arm is getting tired. I will put that down. If we could take the addendum down.
As long we are in this position, one thing I failed to I think bring out with the protocol, and getting back to the very first major stab/incise wound and what we started with this morning of the aspiration of blood, you mentioned something about it being addressed in some fashion in Dr. Golden's protocol; is that correct?
If you look at page 9, 1, 2, 3, 4, 5--the paragraph just before the last paragraph of the page--you see: "Injuries to the upper airway including the incise wound of the hypopharynx and epiglottis have been described. Otherwise, the mucosa of the larynx piriform sinuses and trachea and major bronchi are anatomic. No mucosal lesions are evident and no blood is present."
And is that the basis on which you form an opinion that there was no aspiration of blood by Nicole Brown Simpson from that major stab/incise wound?
All right. Before we move to the next page, your Honor, for the record, I'm outlining with the red marker that paragraph and I'm going to write "B-13, 16, B-16, and B-18" and the word "Aspiration of blood" on the left margin.
Under "Lungs" if you look, it says that the lungs: "Sectioned surface of the lungs show minimal congestion and no injuries or lesions."
Yes, because you have aspiration, you will describe it--when you section the lung you will see the aspirated blood in the distal portion of the airways and you will see it on the dissectioning of the lung.
Your Honor, I have outlined that area on page 10. I will again write "B-13, B-16, B-18" and aspirate--"Asp of blood."
Doctor, one other thing while we are on this page, we will flip back to page 9, there is an entry regarding the cornu, that horn, in Dr. Golden's original protocol that--
All right. If we could flip back to page 9 because I think it is caught in mid-sentence in the flip. Doctor, inviting your attention to the last sentence that begins at the bottom of page 9 and continues then on to page 10, does this deal with Dr. Golden's observation regarding that area, including the cornu or horns?
Yes. He says: "The hyoid bone and thyroid cartilages are intact, inasmuch as the incised wound passes through the thyrohyoid membrane and the ligament and both greater cornuas of the thyroid cartilage are intact."
And that is a matter that you have addressed as you have identified in Dr. Golden's addendum; is that correct?
So your Honor, where Dr. Lakshmanan has just made mention from page 10, I have circled it and I will write "B-13, B-16, B-18" and I will write the word "Horns."
Is that mistake of any significance to you on these issues that we have discussed?
I already said it is not of significance because the hold is available and the major description have been described.
Does it in any way, whether it was nicked or not nicked, impact on the manner or sequence of how she died?
All right. Doctor, I think we are going to go back to the photographs if counsel and the doctor would like to change positions again.
Doctor, I want to invite your attention now to a photograph that has underneath it the designation "Right side of the head" and the letter and number B-20. Do you see that?
The right side of the head is shown. The scalp hair has been shaved postmortem and you can see a discoloration of the skin which is a bruise. And in my measurement, using the one-as-to-one photograph, it was 7/8 of an inch in diameter.
When you say "A bruise," that is our lay term. What is the more technical term for the bruise?
Contusion in the right temporal area of the head which is the right side of the head.
Could you turn so that the jury can see the right side of your body and point to the area that is shown with this contusion.
Your Honor, for the record, the witness is using his index finger to point to the--appears to be close to the right temple.
From the appearance, the color that you see in this photograph--and incidentally, this was a photograph taken during the course of the autopsy procedures?
And in the manner you described yesterday of shaving when there appears to be an injury that may be hidden by the hair of the decedent?
Is the color that appears in this contusion of significance to you in assessing, no. 1, when in relationship to death this injury was received by Nicole Brown Simpson?
This occurred when she had blood pressure, she was alive, and there is evidence of hemorrhage. And the color, as I said, is reddish brown in color and this would signify that she had blood pressure when she sustained this injury.
Doctor, how long, if you can offer an opinion, must Nicole Brown Simpson have lived in order for that coloration to have shown and be seen at autopsy?
You can get this kind of hemorrhage into the soft tissues within minutes after the injury.
You can see it as early as a minute, because when you crush the tissues, the tissues bleed and you can get the bleeding immediately.
In your opinion could Nicole Brown Simpson have died as little as one minute after this injury was inflicted?
Could Nicole Brown Simpson have received the sharp force injury that you identified as the last major sharp force injury inflicted, that fatal neck wound, received that within seconds of having received the blunt force trauma injury shown in this photo?
And then lived for the period of time necessary, as you indicated, to allow for the discoloration?
Not seconds, because you need to have enough blood pressure to cause this bruising. I missed your earlier question. The injury to the neck which caused the fatal wound must have occurred after a few minutes or a minute later, because you need some time for the bleeding to occur in the tissues. And for that reason I would say that she was alive at least for a few minutes, at least a minute, if not more, before the last wound was inflicted, because once the last wound is inflicted, you won't have any blood pressure available to cause this kind of bleeding in the scalp.
Doctor, do you have an opinion as to any source or sources that could cause that blunt force trauma contusion?
It could be something like a fist, it could be an object with a round smooth surface, like the base of a knife could do that. You could also have the head being struck against a smooth-surfaced area, which is rounded.
KEY QUOTEAnd doctor, what, if any, physiological or body reaction would you expect from Nicole Brown Simpson having sustained that injury?
The injury itself is not fatal, but as you know, the--this is a covering of the head, the skin of the covering of the head, and you have the brain inside, and as you all know that you can have what's called a concussion happening, which is transient loss of consciousness can occur. If somebody sustains a bruising to the head, it can occur.
The concussion syndrome can occur for a few seconds to minutes and you may not find any structural abnormality of the brain.
So in other words, a concussion can be sustained from this blunt force trauma and you, as a forensic pathologist at autopsy, can't see something which confirms that that occurred?
That's correct. And this is commonly seen in boxers, boxing, when people get hit with a fist, they transiently get dazed or even lowering--
Seconds. And then sometimes it can be even for minutes and that is what you see in the countdown and then they get up. And people have done studies and they have found that you don't find anything on the CT scans or MRI scans.
Basically a computerized tomography of the head, computerized axiom tomography of the head.
That is another way of looking at the brain structures when somebody is alive.
What I'm trying to say is that you can have the syndrome of concussion without leaving any finding at all and you can have the syndrome of concussion when somebody is alive the without leaving any brain damage.
Doctor, assume hypothetically that Nicole Brown Simpson was struck on the head, either with a hand, fist or the rounded end of a knife in the manner you described, and became dazed, as you have indicated, and slumped to the ground and the perpetrator then moved from where her body was over to where Mr. Goldman's body is found, to that area, and then came back to Nicole Brown Simpson and raised her head in the manner you described yesterday and inflicted that major incise stab wound as you demonstrated yesterday. Would that circumstance be consistent with the time frame required to create the bruising coloration in the scalp as seen in B-20?
KEY QUOTEObjection, calls for speculation, improper hypothetical, not based on any facts in this case.
But I also want to ask in your hypothetical discussion regarding the stab wound of the neck and the other wound she had on the head.
Then also it is a possibility but that means the stab wounds to the neck and the other sharp force injuries to the head must have occurred around the time of the bruising but before the final wound in the neck.
Because my opinion is that the major wound to the neck is the final wound, and the stab wounds to the left side of the neck have hemorrhage in the deep tissues which indicated that she had blood pressure when those wounds were inflicted and they would also cause bleeding. We also have evidence of injuries to the--other sharp force injuries to the left side and back side of the head, in addition to this bruising on the right side of the head, which all have evidence of bleeding in the tissues, which indicates that she had blood pressure when those injuries were inflicted, so--and I already opined that the last wound was the fatal incise wound to the neck. So that is why I am saying that I wanted to know in your hypothetical whether these wounds were there when the bruising to the right side of the head took place.
And if they were, they would result in a lowered blood pressure; is that correct?
They would cause lowering of the blood pressure, but what I am see saying is that they could have occurred concurrently while the infliction of the stab wounds took place. During the altercation the person could have also been pushed or hit on the right side of the head simultaneously while the stab wounds are taking place.
And still subsequently then produce the major stab/incise wound as the last sharp force injury received?
Yes. What I'm trying to say is you have sharp force injuries to the left neck, you have sharp force injuries to the side and back of the head, a blunt force injury to the right side of the head. I can't say how they occurred had sequence, but they occurred before the fatal stab wound. And since I already opined that the fatal stab wound occurred when the person was incapacitated and probably unconscious face down, combined, these injuries somehow resulted in her being unconscious.
Doctor, in your opinion, given that set of circumstances, could all of those other injuries have been inflicted in a very short period of time?
Within minutes. The altercation can take place so fast because you are talking about three sharp force traumas to the neck and three sharp force traumas to left side of the neck and these sharp force traumas could have occurred within minutes.
Within a minute also because this kind of altercation can take place pretty rapidly.
Does the period for the altercation to some degree depend upon the relative physical size and strength between the perpetrator and the victim?
Does it also depend on whether or not the victim is taken by surprise or is aware of impending danger?
Does it also depend upon how motivated the perpetrator may be in inflicting injury?
Does it also depend on whether the perpetrator has the element of surprise on his or her side?
And from the standpoint of the forensic pathologist, is there any way medically on that basis alone that you can draw conclusions to a reasonable medical certainty as to how these occurred?
Doctor, did Dr. Golden address the contusion that is seen in this photograph B-20 in his original protocol?
Now, doctor, let me move--we will come back to this photograph and we will come back to the diagrams and the chart--protocols in a moment, but I would like to move to the photograph that is immediately to the right on this exhibit 352 of photograph B-20. That has a marking of B-33, brain tissue sample. Do you see that, doctor?
That is a sample of the brain of Miss Simpson which was saved by our--by Dr. Golden during his autopsy which Dr.--which I saw when I reviewed the tissue samples with the Defense pathologist, Dr. Baden, and Dr. Wolf was also present at that time.
Now, you indicated that Dr. Golden saved this section of brain tissue; is that correct?
And it was saved in one of those jars that you showed us yesterday from the photographs?
Was there more than this--one sample of brain tissue saved by Dr. Golden from the autopsy of Nicole Brown Simpson?
Approximately how many samples were saved, and if up need to refresh your memory with something, please do so.
In addition to this specimen which had the contusion, there were 13 sections of brain and brain stem of varying sizes.
And doctor, did you examine each of the 14 sections grossly, that is, without the aid of a magnifying device or a microscope?
When you did this, did you observe anything of significance to you in looking at the brain tissue that is shown in the photograph that is B-33?
There was evidence of hemorrhage on the surface of the brain which we refer to in medical terms as subarachnoid hemorrhage, S-U-B-A-R-A-C-H-N-O-I-D, hemorrhage, and underlining the hemorrhage on the surface because it is a section of the brain there was evidence of discoloration of the gray portion of the cerebral cortex and this was a contusion of the brain and it measured ten millimeters by four milliliters when we examined it on June 22, 1994.
Doctor, when that examination took place did either Dr. Baden or Dr. Wolf tell you anything regarding what, if any, observation they made of that tissue?
We were together and I--myself and Dr. Baden felt that this was a brain contusion.
Did you identify that, without hearing from Dr. Baden, as--as to any view he might have?
Were basically the three of you independently looking at this series of tissue samples?
Independently looking as you are three individuals, but you are all looking at the same thing?
All right. Now, doctor, how long did it take you in looking at that sample to think that there is something of significance, to you as a forensic pathologist, shown in that sample?
Because if you look at the photograph here, (Indicating), you see the normal gray/brown cortex and you see the white matter underlying that and that is a normal appearance and it is obvious that this part of the brain is discolored and hemorrhagic, that is there is bleeding into this part of the brain and that is how a contusion looks.
And doctor, when you use the term "Contusion" with this brain tissue, are you using it in the same terms that you have used it with respect to the photograph B-20?
And as you have described in general with blunt force trauma that is of a contusion nature?
Doctor, from your examination--and by the way, have you microscopically examined this tissue sample?
What does the--what is the significance, if any, of the finding that it is an acute hemorrhage?
It could have occurred as--it occurred immediately after the injury, but it can be observable as early as a minute.
So if the person lived a minute with blood pressure, that the injury could get to a condition where it can be seen as it is in this photograph?
I'm not saying from this injury, but is this injury, in your opinion, a fatal injury?
That is, you could have this injury as part of the head injury which Miss Simpson sustained when the contusion to the brain was--contusion to the scalp, skin was sustained on the right side of the head, and by itself you can't call it a fatal injury because it is only a small portion of the brain which is endured, but it could be part--this could be associated with a concussion syndrome. No. 1, it could cause seizures sometimes but by itself you cannot say it can cause death like you can say with a stab wound or sharp force injury.
In order to gain context for that injury, what are you going to have to look for?
We need to know which side it was from and Dr. Golden's report indicates it was from the right side underlying the contusion--underlying the contusion of the skin.
We are going to get into that in a moment in more detail, but first, when a contusion to the brain is observed at autopsy, would it be the custom and practice in your office to retain that sample of brain tissue?
In retaining that sample of brain tissue would the forensic pathologist be expected to cut it in a fashion so that the entire area of the contusion is preserved?
From your observation on June 22nd, your observation of this photograph and your microscopic examination--or let me finish the question, please, doctor--from your examination microscopically can you determine whether all of the contusion in this area of Nicole Brown Simpson's brain was excised at autopsy?
The photograph we took was on the 30th. The margins of the area we saw of the brain cortex did show hemorrhage in the margins, so I can't say with certainty whether the contusion which was seen was the extent of the contusion or there was any visible contusion which was left in the brain when this portion was resected.
For a little more clarity, at least for me, is this photograph, B-33, a fair and accurate representation of the tissue as you saw it with Dr. Baden and Dr. Wolf on June 22nd?
I understand that. My question, though, is irrespective of the difference in dates, is the photograph a fair and accurate representation of the tissue as you saw it on the 22nd?
No, because we took a section for microscopic study so the photograph we have reflects the injury, but I cannot say with certainty that it reflects the state of the contusion as we saw it on the 22nd, because we didn't take photographs on the 22nd.
But did you, on or after the 22nd and before the 30th, take a sample of that tissue in order to prepare one or more microscopic slides?
Well, was the photograph taken--I mean we don't see anything in the form of a cutting device in this photograph.
No. We have additional photographs which show the section we photographed also.
All right. Do you have a photograph which shows the section before any cutting for microscopic examination was performed?
Well, I will get a few more minutes in doctor. Why don't you come back here, we can talk some more, and then you will have a chance to look for it over the noon hour.
Doctor, the kind of brain tissue that is represented in photograph B-33 is what kind?
It is mainly the surface of the brain and all the lobes of the brain. You have the same appearance grossly of the brain tissue.
Did you examine this tissue sample to try and determine with greater specificity what part of the brain it could have come from?
Yes. I--I did a microscopic study--I examined the microscopic sections which were submitted and microscopically there was evidence of the internal granular layer. The brain cortex has several layers and there is an internal granular layer present which would go along with it being from the parietal or temporal lobe of the brain.
Would you show us, please, turning--this is from--well, let me start this way. Can you determine, from examination of the tissue sample, what side of the brain, right or left side, parietotemporal area that tissue come from?
Can you tell it in any fashion, by either gross examination or microscopic examination?
Not from a small sample like this you cannot tell, but microscopically you cannot tell the side either.
Would you now--let's assume for just the sake of argument it is the right side. Would you turn to the right side for the jury to view and point out the area or areas from which this tissue sample would be consistent.
From this parietal area or temporal area. Actually I'm showing the outside of the head. The brain has got a special structure on the inside. Just a rough demonstration of the anatomical location in the brain. Parietal here, (Indicating), and temporal area here, (Indicating).
Your Honor, for the record, Dr. Lakshmanan is turning to face the jury with profile to the right side has circled with his finger the area just immediately in front of and slightly above the right top of the ear, as the temporal area.
Is an area that is directly above the first area that I just described and circles a larger area of the--starting to get to the top of the head.
And doctor, obviously there is no way that you can show with us your brain because it is, I assume, safely encased within your skull.
At this time. We will try and keep it in that condition. Can I have one moment, your Honor, with one diagram?
And if Mr. Lynch, while counsel and the doctors are moving, could flip to the form 29.
Doctor, this form 29, is this the form that was available for Dr. Golden during the course of the autopsy of Nicole Brown Simpson?
Can you show us on this form these areas that could be the areas from which the sample of brain tissue seen in photograph B-33 originated?
This is the side view of the brain. This is the--what we call as the cerebrum, c-e-r-e-b-r-u-m, and this is the portion of the brain called the cerebellum, c-e-r-e-b-e-l-l-u-m, and you have a smaller structure here which is the brain stem. The anatomical regions; parietal, temporal lobes which we were discussing refers to this part of the cerebrum, (Indicating). The front--there is a--the brain, as you know, has convolutions on the surface and it is basically divided into a frontal lobe, parietal lobe, temporal lobe and occipital lobe, so the parietal lobe is somewhere this area, (Indicating), and the temporal lobe is this area of the brain, (Indicating).
Doctor, before you go further, just briefly, so I can mark in where--I'm going to put f or frontal.
So this is what I refer to when I say parietotemporal area and this is what I refer to when I said that microscopically there was internal granular layer present on the layers of the cortex, because the layers of the context have six layers. The frontal area of the brain usually doesn't have a granular layer and it is usually a granular layer so that I can--how I see it is from a parietotemporal area. The occipital lobes has also different areas but they are different areas, so just microscopically I can say that this is from the parietotemporal area.
And the diagram directly above it the reverse showing the left side of the brain?
Yes, and this diagram shows the top part of the brain as you are looking at the brain from above, and this is the lower part of the brain showing the brain when you are looking at it from the bottom, the brain is turned upside down, and to--your have the cerebellum here, brain stem here, and this is the rest of the brain and this part of the brain is the undersurface of the frontal portion of the brain, the "F" part. This is the undersurface of the temporal lobe which is the "T" part here, (Indicating).
Your Honor, during the recess I will mark what has been done and ask that it be reflected on the record at the afternoon start of the trial.
All right. Ladies and gentlemen, we are going to take our recess for the morning session. Please remember all of my admonitions to do. Do not discuss this case among yourselves, don't form any opinions about the case, do not conduct any deliberations amongst yourselves until the matter has been submitted to you, do not allow anybody to communicate with anybody with regard to the case. We will stand in recess until one o'clock.
They are all localized to one area of the neck which would signify that there was some limitation of movement created at least to the neck area when these wounds were inflicted by the assailant, because they are localized to one area, more or less in the same area.
The injury to the neck which caused the fatal wound must have occurred after a few minutes or a minute later, because you need some time for the bleeding to occur in the tissues. And for that reason I would say that she was alive at least for a few minutes, at least a minute, if not more, before the last wound was inflicted, because once the last wound is inflicted, you won't have any blood pressure available to cause this kind of bleeding in the scalp.
It could be something like a fist, it could be an object with a round smooth surface, like the base of a knife could do that.
Assume hypothetically that Nicole Brown Simpson was struck on the head, either with a hand, fist or the rounded end of a knife in the manner you described, and became dazed, as you have indicated, and slumped to the ground and the perpetrator then moved from where her body was over to where Mr. Goldman's body is found, to that area, and then came back to Nicole Brown Simpson and raised her head in the manner you described yesterday and inflicted that major incise stab wound.