📄 Cross-examination of William Bodziak — Friday, September 15, 1995
Address:
C:\DEPT103\CRIMINAL\1995\SEP\15\CROSS-EXAMINATION-OF-WILLIAM-B.DOC
TRIAL
▲ Day 155 of 167

Cross-examination of William Bodziak

Witness: William Bodziak
Examiner: Barry Scheck
Called by: Prosecution • Date: Friday, September 15, 1995 • Utterances: 481
Barry Scheck cross-examines FBI footwear expert William Bodziak, probing whether Bodziak adequately reviewed Dr. Henry Lee's testimony before coming to court to rebut it. Scheck exposes that Bodziak missed key portions of Lee's bloodstain testimony relevant to the parallel line imprints on the envelope and triangular piece of paper, and catches Bodziak in a contradiction about whether he had read Lee's books. The bulk of the examination focuses on whether the lack of a border and non-printing area around the parallel line imprints — Bodziak's main reasons for excluding a shoe — could be explained by bloodstain sequencing evidence that Bodziak had not studied.
1 THE COURT:

All right. Mr. Woodin, would you take these items down unless, Mr. Scheck, you're going to start with these.

2 MR. SCHECK:

Well, let's start with these.

CROSS-EXAMINATION BY MR. SCHECK

3 MR. SCHECK:

Good morning.

4 MR. BODZIAK:

Good morning.

5 MR. SCHECK:

Good morning. I'll try. Mr. Bodziak, you've testified here that you were familiar with the majority of Dr. Lee's testimony. You said that today.

6 MR. BODZIAK:

Probably about 90 to 95 percent.

7 MR. SCHECK:

Well, yesterday, didn't you tell us that you were--didn't read it?

8 MR. BODZIAK:

I haven't read his testimony. I videotaped or saw on TV approximately 90 to 95 percent of his testimony.

9 MR. SCHECK:

Didn't you tell us yesterday that you had seen portions of it on news clips?

10 MR. BODZIAK:

I said that I had seen the majority of it on tapes of his testimony, continuous tapes, and I had seen some other recordings and news clips of parts that I didn't see.

11 MR. SCHECK:

Well--

12 MR. BODZIAK:

On the original tapes.

13 MR. SCHECK:

--yesterday--you said yesterday you saw the majority of them?

14 MR. BODZIAK:

Yes.

15 MR. SCHECK:

Now, you feel confident that you fully reviewed and studied his testimony in a way that gives you confidence that you can criticize what he said?

16 MR. BODZIAK:

I'm not here to criticize what Dr. Lee said, but to clarify it so it's not misleading, that the term "imprints" was not a shoeprint in my opinion.

17 MR. SCHECK:

Well, first of all, Dr. Lee used the term "imprint," correct?

18 MR. BODZIAK:

That's correct.

19 MR. SCHECK:

And with respect to testifying as to a shoeprint, the only full shoeprint in pattern that he testified to was the one that had been labeled 1337-A, correct?

20 MR. BODZIAK:

Could I see that?

21 MR. SCHECK:

Yeah.

22 MR. BODZIAK:

Yes.

23 MR. SCHECK:

Okay. That was his testimony, correct?

24 MR. BODZIAK:

Yes. I believe he was questioned several times throughout his testimony to clarify whether what he referred to as "imprints" he could positively say were shoeprints, and he qualified his opinion that he could not positively say they were shoeprints with the exception of that one that you're just referring to.

25 MR. SCHECK:

Well, he did that on direct?

26 MR. BODZIAK:

Yes.

27 MR. SCHECK:

He was very clear about it, wasn't he?

28 MR. BODZIAK:

I didn't perceive it as clear all of the time.

29 MR. SCHECK:

Well, do you recall the distinction that Dr. Lee made--well, would it be misleading to come in here and try to rebut testimony and statements that weren't even given?

30 MS. CLARK:

Objection, your Honor. Argumentative.

31 THE COURT:

Argumentative. Sustained.

32 MR. SCHECK:

Well, you talked about misleading the jury and your concerns about it.

33 MR. BODZIAK:

I was miss--I was confused myself in watching his testimony whether he was referring to shoeprints when he used the term "imprint" on many occasions. If I were confused, I'm sure that other people could be misled in his explanation of certain things.

34 MR. SCHECK:

Well, throughout your examination of his direct testimony and the boards, were not everything labeled clearly as imprints and throughout the course of his direct testimony, clear distinctions were made?

35 MR. BODZIAK:

That was part of the problem, sir. If you say "imprint," it includes fabric, ears, noses, shoes, fingerprints, everything that could actually press against logic. And if you use that term that way, as the flow of the questioning of both direct and cross of Dr. Lee went through, there were many occasions when I was not sure as a footwear examiner if he were referring to that as a shoeprint or some other object that made contact and left that mark. And if I could continue, the--

36 MR. SCHECK:

Well, I think--

37 MR. BODZIAK:

--term "shoeprint"--

38 MR. SCHECK:

Move to strike as not responsive.

39 THE COURT:

No. He's finishing his answer, counsel.

40 MR. BODZIAK:

The term "shoeprint" or "footwear impression," as we discussed yesterday in our meetings prior to my testimony I thought was a much clearer term because it leaves no doubt as to what you're talking about. And if you're not sure if it's a shoeprint and you call it an imprint, then it should be a possible footwear impression or something, and that would leave total clarity as to what the discussion was about.

41 MR. SCHECK:

Well, when Dr. Lee was talking about--he talked about nose prints, ear prints and fabric prints; did he not?

42 MR. BODZIAK:

Yes.

43 MR. SCHECK:

Now, just to make this distinction clear, Dr. Lee made a distinction between the term "imprint" and "impression"?

44 MR. BODZIAK:

And--yes, he did.

45 MR. SCHECK:

An "imprint" he called a two-dimensional marking and an "impression" three-dimensional?

46 MR. BODZIAK:

That's correct.

47 MR. SCHECK:

You happened to use the term "impression" to refer to both?

48 MR. BODZIAK:

That's correct.

49 MR. SCHECK:

Do you see any scientific problem in making that distinction?

50 MR. BODZIAK:

No. As I previously stated, around the world and I think I mentioned yesterday, the British use the term "mark" in lieu of what Dr. Lee is saying he uses "imprint," and I recognize that when I read their literature and go to their meetings, that they're talking about a two-dimensional shoeprint or fingerprint, and they use the term "depressed mark" or "impression" if they're talking about three-dimensional. I found when talking--particularly in teaching classes, if you try to restrict yourself always to talking about "mark," "print," "depressed mark," depressed"--or "depression" or "impression" for different things, a lot of times, you were talking about all of them and other times you're talking about part of them. It became very confusing. So I just like to use the term "footwear impression" myself to cover everything. I think it tells the people you're talking about footwear impressions, either two-dimensional or three-dimensional.

51 MR. SCHECK:

Well, the answer to my question then, you see no scientific problem in making the distinction between "imprint" and "impression," the answer to that is yes?

52 MR. BODZIAK:

I have no problem with him by his choice, making that distinction, no.

53 MR. SCHECK:

All right. Now, you have testified here that you think there is something misleading about communicating that an imprint cannot be eliminated as a full shoeprint pattern.

54 MS. CLARK:

Objection.

55 MR. SCHECK:

Is that your testimony?

56 MS. CLARK:

Misstates the testimony.

57 THE COURT:

Overruled.

58 MR. BODZIAK:

I don't understand the question to what you're asking. Could you please rephrase it?

59 MR. SCHECK:

Okay. Do you think it is fair for an expert to testify that an imprint cannot be eliminated as coming from a shoe and can not be positively associated either?

60 MR. BODZIAK:

If they state it that way just as you have, no.

61 MR. SCHECK:

All right. And didn't Dr. Lee in the course of his testimony about imprints indicate as to various different imprints, that some of them--one of them he could say was a shoeprint and others he said he could not eliminate as having come from a shoe?

62 MR. BODZIAK:

At times, he did do that, yes.

63 MR. SCHECK:

And in fact, you offered very similar testimony, almost precisely the same kind of testimony in talking about certain imprints and impressions in this case; did you not?

64 MR. BODZIAK:

There were shoeprints I talked about today as well as other marks which were not shoeprints, yes.

65 MR. SCHECK:

When you were talking about the Bronco carpet fiber, you reached the opinion that you couldn't eliminate it, you couldn't possibly associate it with the Bruno Magli?

66 MR. BODZIAK:

That's correct.

67 MR. SCHECK:

And you went on to answer a question where you were asked to take a rubber shoe and describe for us how it is possibly consistent with the Bruno Magli and you then began playing with the overlays and lining things up?

68 MR. BODZIAK:

I was asked that specific question and that was my answer, yes.

69 MR. SCHECK:

And you went on to talk about possibilities even though in your opinion, you could not either eliminate or positively associate?

70 MR. BODZIAK:

That's correct.

71 MR. SCHECK:

Now--and there was nothing misleading about that, was there?

72 MR. BODZIAK:

I hope not.

73 MR. SCHECK:

Okay. Now, you talked about the envelope.

74 THE COURT:

All right. This is 1349.

75 MR. SCHECK:

Now, you said these are--do you recognize these as three different pictures of the envelope?

76 MR. BODZIAK:

May I step down?

77 MR. SCHECK:

Yes, please.

78 MR. BODZIAK:

Yes, I do.

79 MR. SCHECK:

And did you see Dr. Lee testify about this?

80 MR. BODZIAK:

Yes, I did.

81 MR. SCHECK:

With reference to this board?

82 MR. BODZIAK:

Yes.

83 MR. SCHECK:

Now, yesterday, you gave testimony about a flash bounce, correct?

84 MR. BODZIAK:

Yes.

85 MR. SCHECK:

Now, in terms of identifying the differences between the picture in the middle, which you recognize to be the first picture taken of the envelope; do you not?

86 MR. BODZIAK:

I don't know what order they were taken in.

87 MR. SCHECK:

Well, you remember that there was a picture taken with Mark Fuhrman pointing at the Bundy glove and then close-ups were made of the envelope as it was at that position at that time?

88 MR. BODZIAK:

I don't know what sequence they were in. I know what photographs you are talking about. I just don't know what sequence they were in.

89 MR. SCHECK:

Well, do you recall the testimony that the sequence was, the middle picture was the envelope from the Fuhrman photograph and the one to the left was a subsequent photograph taken at the crime scene with the evidence marker as you can see in the top here?

90 MR. BODZIAK:

I see they're different photographs. Again, I don't remember the exact sequence of it.

91 MR. SCHECK:

Now, in regard to this board, do you think that a flash bounce moved the hair, fiber and trace that you see in the middle picture that we now see in the left-hand picture?

92 MS. CLARK:

Objection. Argumentative.

93 THE COURT:

Sustained. Rephrase the question.

94 MR. SCHECK:

All right. You see that there's hair and fiber, the trace evidence in the middle picture.

95 MS. CLARK:

Objection. Beyond the scope, your Honor.

96 THE COURT:

Overruled.

97 MR. SCHECK:

Do you see that?

98 MR. BODZIAK:

Yes.

99 MR. SCHECK:

Do you see it in the left-hand picture?

100 MR. BODZIAK:

Point specifically to what you're referring to.

101 MR. SCHECK:

Yes. Hair, fiber and trace at the top of the envelope here, do you see it in this picture here (Indicating)?

102 MR. BODZIAK:

You're referring to all this material which appears black on the center of the envelope (Indicating)?

103 MR. SCHECK:

Yes.

104 MR. BODZIAK:

And over here (Indicating)?

105 MR. SCHECK:

Yes.

106 MR. BODZIAK:

No, I do not see it.

107 MR. SCHECK:

All right. And could flash bounce be responsible for the differences in these two photographs with respect to the hair and trace?

108 MR. BODZIAK:

I would not--

109 MS. CLARK:

Objection to characterization of hair and trace, your Honor.

110 THE COURT:

Overruled.

111 MR. BODZIAK:

I would not attribute flash bounce to eliminating all of this. There may be differences in exposures in lighting that would account for minor things, but not for a large quantity of material.

112 MR. SCHECK:

So flash bounce couldn't have moved that material off of the envelope in your opinion?

113 MR. BODZIAK:

No. That's correct.

114 MR. SCHECK:

And you are aware of testimony in this case that these two pictures represent the envelope being moved from one place to the other?

115 MR. BODZIAK:

I don't recall that, that particular testimony, no.

116 MR. SCHECK:

You don't recall Dr. Lee putting up boards and showing the movement of the envelope from one place to the other?

117 MS. CLARK:

Objection. Beyond the scope, irrelevant.

118 THE COURT:

Overruled.

119 MR. BODZIAK:

I was listening to his testimony as it pertained to footwear impression.

120 MR. SCHECK:

So your answer to that is no?

121 MR. BODZIAK:

I don't recall that, that exact statement.

122 MR. SCHECK:

All right. But you would agree that flash bounce can't move an envelope from one place to another?

123 MR. BODZIAK:

Of course not.

124 MR. SCHECK:

Thank you.

125 (Brief pause.)
126 THE COURT:

Thank you, Mr. Harris.

127 MR. SCHECK:

Now, you--in terms of including something as possibly coming from a shoeprint and excluding something as possibly coming from a shoeprint, would it be fair to say that before you can make a definitive exclusion, you have to have an adequate amount of information?

128 MR. BODZIAK:

Are we talking about shoeprint comparisons with known shoes or just looking at the--could you be more specific, sir?

129 MR. SCHECK:

Sure. Looking at an imprint made in blood. Are you with me?

130 MR. BODZIAK:

A shoe imprint?

131 MR. SCHECK:

Just an imprint.

132 MR. BODZIAK:

Of anything.

133 MR. SCHECK:

An imprint pattern made in blood.

134 MR. BODZIAK:

Yes.

135 MR. SCHECK:

Are you with me?

136 MR. BODZIAK:

Yes.

137 MR. SCHECK:

All right. Before one can conclude that it could not have been left by a shoe, eliminating that possibility definitively, is it necessary to have an adequate factual basis to do so?

138 MR. BODZIAK:

You would need to have an imprint which had sufficient detail so that you could recognize the characteristics in that what you're calling an imprint, whether it be from fabric or shoes or other material, and you would have to have that sufficient detail and clarity to make a determination as to whether you, based on your expert experience, experience and expertise in that area, could say it was a fabric or shoe or something, and there may be a point in time where you have insufficient detail to make any determination.

139 MR. SCHECK:

And would it be fair to say that the imprint itself is a scientific fact, it's there?

140 MS. CLARK:

Objection. Vague. What shoe?

141 THE COURT:

That is vague.

142 MR. SCHECK:

I'm sorry? Are you familiar with the distinction Dr. Lee made between scientific fact and interpretation?

143 MR. BODZIAK:

I'm very familiar with what he said and also what I practice by.

144 MR. SCHECK:

Okay. But do you recall his distinction between scientific fact and interpretation?

145 MR. BODZIAK:

It's hard sometimes to understand the way he--when he words things exactly--I believe he was saying the same thing I believe in, that a scientific fact is in fact something that you can prove beyond any doubt at all at least in your opinion. This notebook is sitting on this desk. That's a scientific fact. The interpretation in this case would be very easy, and anybody that looked at it would agree in that interpretation, that if there is a notebook in front of me on this desk. If you had something that was less obvious, then interpretation becomes a more important factor, and you must be fair in that interpretation and you must always only refer to something that you can see as clearly as this book on the table before you make a determination in the case of an imprint whether--or what it was.

146 MR. SCHECK:

So you would say that the imprint or the physical object would be a scientific fact and then there is interpretation of scientific fact based on lots of different factors and other observations a scientist can make?

147 MR. BODZIAK:

Well, if you're--if you're referring to the imprints that Dr.--are you referring to the imprints that Dr. Lee pointed to in his testimony?

148 MR. SCHECK:

Well, I'm trying to define some terms with you at the beginning. I'm just asking you very simply, Mr. Bodziak, you heard Dr. Lee testify that there is a distinction between scientific facts and interpretation?

149 MR. BODZIAK:

Right.

150 MR. SCHECK:

You concur that that is--

151 MR. BODZIAK:

Right.

152 MR. SCHECK:

--a recognized distinction?

153 MR. BODZIAK:

Absolutely.

154 MR. SCHECK:

All right. And that different experts can have different interpretations of scientific facts?

155 MR. BODZIAK:

If they're properly trained and they're--they limit their conclusions to only what they can see with absolute certainty, they should reach the same opinion.

156 MR. SCHECK:

Uh-huh. And the available information to them?

157 MR. BODZIAK:

As I just stated, if there's sufficient information in detail to make their determination, they should reach the same conclusion.

158 MR. SCHECK:

Okay. And do you have--you're aware of Dr. Lee's reputation in the forensic community?

159 MR. BODZIAK:

Uh, I--as far as I know, he holds a fine reputation.

160 MR. SCHECK:

And on scientific facts, experts can differ in their interpretations?

161 MR. BODZIAK:

If that expert is adequately trained and experienced in that area and the material, the information which they're basing their opinion on is clear, they should not differ. They do in real life, but they should not.

162 MR. SCHECK:

Okay. Now, are you telling us that you think Dr. Lee is not adequately trained in the area of imprints and footwear impressions?

163 MR. BODZIAK:

I have only some information regarding his training in that area, and I would believe that it's far less than mine. I don't--I've never had the opportunity to check any casework of his. He's never--I know he's checked cases of mine and I know of no instance in which he's disagreed, but I don't have any personal knowledge firsthand of his work in shoeprint analysis.

164 MR. SCHECK:

Well, have you read his books?

165 MR. BODZIAK:

No, I have not.

166 MR. SCHECK:

So without reading his books and without having reviewed his cases, you feel confident that you can say that his knowledge of this area of imprints and footwear impressions is inadequate?

167 MS. CLARK:

Objection. That is misleading, your Honor.

168 THE COURT:

Overruled.

169 MS. CLARK:

Concerning reference to the books.

170 THE COURT:

Overruled.

171 MR. BODZIAK:

The only recent books that I'm aware of that were edited--and I don't believe the areas within--regarding footwear impressions were written by Dr. Lee, but they were edited by him--were in fact prepared in large by--to the best of my knowledge, by Mr. Kenneth Zercie, who is the senior footwear impression examiner in Connecticut and who has taken my class and received training from me in that area. I have looked in his book to skim over it and it seemed very, very general and basically very small part of what I teach and have taught to Mr. Zercie and other people throughout the years.

172 THE COURT:

All right. Would you spell Zercie for us?

173 MR. BODZIAK:

Z-e-r-c-I-e.

174 THE COURT:

Thank you.

175 MR. SCHECK:

I thought you just told us that you hadn't read Dr. Lee's books.

KEY QUOTE
176 MR. BODZIAK:

I skimmed over it. I thought it was very, very general. I--

177 MR. SCHECK:

Which books?

178 MR. BODZIAK:

There were a series of I think--I don't know if they're laboratory manuals from his--that someone showed to me once and I briefly skimmed through them, and then there was a book that was written in 1994 and I think it was published in the republic of china that was very, very general with regard to shoe impressions.

179 MR. SCHECK:

So you feel that you were sufficiently familiar with his work in this--all his work in this area and all he's written?

180 MR. BODZIAK:

I believe he's been the director of a laboratory for a considerable number of years and that he doesn't conduct on a normal basis in that laboratory bench experience--bench-type examinations of shoe impressions, but rather directs the laboratory. He may oversee it and he may occasionally take an interest in it, but I don't think he gets out casework and I don't--and as I previously stated, I don't have a lot of personal knowledge. That's why it's hard for me to answer your question.

KEY QUOTE
181 MR. SCHECK:

Well--

182 MR. BODZIAK:

You're asking me to answer you and I'm trying to give you the best, you know, information that I can on what I do or don't know about Dr. Lee.

183 MR. SCHECK:

Wait a second. Mr. Bodziak, you just told us that you don't have any direct personal knowledge or about what Dr. Lee does with respect to casework or his--what he's published in these areas, yet you're telling us that you think that he doesn't do much bench laboratory comparisons of imprints and shoe imprints.

184 MS. CLARK:

Objection.

185 MR. SCHECK:

Didn't you just say that?

186 MS. CLARK:

Objection. Misstates the testimony, argumentative.

187 THE COURT:

Sustained.

188 MR. SCHECK:

Well, you just--didn't you just say that you think that Dr. Lee doesn't do much comparison of imprints and shoe imprints at crime scenes at the laboratory bench?

189 MR. BODZIAK:

Let me make it perfectly clear. I thought I did. He is the director of a laboratory.

190 MR. SCHECK:

Yes.

191 MR. BODZIAK:

He attends many, many meetings as he testified to. He's very active in many, many aspects of forensic science from a management level. He has people under him who I have trained who told me they are the senior footwear examiner, meaning they do the footwear casework. I don't know personally what amount of casework Dr. Lee does. The facts I've just stated are what I know.

192 MR. SCHECK:

Well, in our--in terms of--you are familiar with his testimony in this case?

193 MR. BODZIAK:

Yes, I am.

194 MR. SCHECK:

And are you familiar with the fact that Dr. Lee testified that when he--that he goes to crime scenes on a regular basis?

195 MR. BODZIAK:

Yes.

196 MR. SCHECK:

And that he looks at imprints and footwear impressions?

197 MR. BODZIAK:

Yes.

198 MR. SCHECK:

And that he goes back to the lab and analyzes them?

199 MR. BODZIAK:

Yes.

200 MR. SCHECK:

And cited many, many cases--

201 MS. CLARK:

Objection. Misstates the testimony, your Honor.

202 THE COURT:

Overruled.

203 MR. SCHECK:

And cites many, many cases where he actually went out and did that and continues to do that?

204 MS. CLARK:

That misstates the testimony, your Honor.

205 THE COURT:

Overruled.

206 MR. BODZIAK:

I believe he stated in general cases he's worked on. I don't know if he referred specifically to footwear impressions in what you would call many, many cases.

207 MR. SCHECK:

Well, isn't it true--withdrawn, the form. Are you aware of Dr. Lee's reputation in the community as someone who actually goes out to crime scenes and examines evidence and comes in to court and testifies about it as opposed to being a manager that oversees?

208 MR. BODZIAK:

I've stated to you the full extent of my knowledge of Dr. Lee's work.

209 MR. SCHECK:

And by your own admission, it's limited?

210 MS. CLARK:

Objection, your Honor. This is argumentative.

211 THE COURT:

It is.

212 MR. SCHECK:

It is limited, isn't it?

213 MS. CLARK:

Same objection, your Honor.

214 THE COURT:

Overruled.

215 MR. BODZIAK:

It's limited, yes. But--

KEY QUOTE
216 MR. SCHECK:

Thank you.

217 MR. BODZIAK:

--it's what I know.

218 MR. SCHECK:

Now, let's talk about the parallel line imprints on the envelope and the eyeglasses. You had said that--you gave us a number of reasons that you thought that you could definitively eliminate that as having come from a shoe.

219 MR. BODZIAK:

That's correct.

220 MR. SCHECK:

And I believe the first reason that you talked about is that on the imprint of the envelope, you detected non-printing areas around the imprint itself.

221 MR. BODZIAK:

The areas around it do not contain a continuation of that same pattern.

222 MR. SCHECK:

And that you I think referred to it as an island.

223 MR. BODZIAK:

I thought a good way of describing that print was that it was isolated and I thought the word "island" would be something that the jury could relate to in understanding what I meant.

224 MR. SCHECK:

And you also said that that imprint didn't--was not accompanied by a border?

225 MR. BODZIAK:

That's correct.

226 MR. SCHECK:

And I believe that you testified that--withdrawn. Now, you would agree--and I think we had--we had some brief discussion before you came in here and testified, correct?

227 MR. BODZIAK:

That's correct.

228 MR. SCHECK:

Not a very lengthy one. No more than a half hour?

229 MR. BODZIAK:

I think it was longer than that, but--

230 MR. SCHECK:

Close?

231 MR. BODZIAK:

Hour and a half.

232 MR. SCHECK:

Hour and a half total?

233 MR. BODZIAK:

Yeah.

234 MR. SCHECK:

All right. And you would agree, would you not, that if blood gets on to a portion of the sole of the shoe, that it would leave an imprint without a border?

235 MR. BODZIAK:

And I testified to that yesterday, yes.

236 MR. SCHECK:

Yes. And it would leave a partial imprint with non-printing area around it?

237 MR. BODZIAK:

That's correct.

238 MR. SCHECK:

Now, did you not testify on direct examination that the only possible way that this could have happened with respect to the parallel line imprint on the envelope is if the imprint occurred at the very onset of the crime? Were those your words?

239 MR. BODZIAK:

I was trying to make a case for that happening, and it would be likely that if that kind of occurrence did in fact happen, it would be before the whole walkway was covered with blood.

240 MR. SCHECK:

Well, did you not say the only possible way that could happen is, it would--if it was at the very outset of the crime, the first drops of blood that was spilled were one of those drops that may have fallen to the ground, whatever contact that blood at that point had was limited in size because there is only one drop in that area and then items transferred to the paper?

241 MR. BODZIAK:

That sounds like what I said, yes.

242 MR. SCHECK:

And you were asked--questioned by Miss Clark that the basis--

243 MS. CLARK:

Objection, your Honor. Could I see what counsel is reading from?

244 THE COURT:

It's the transcript from yesterday, counsel.

245 MS. CLARK:

Which I don't have.

246 THE COURT:

You have real time. Proceed.

247 MR. SCHECK:

Now, and you gave this opinion after a discussion of the volumes of photographs that you would look at at the crime scene, right?

248 MR. BODZIAK:

And the examination of the actual envelope itself, yes.

249 MR. SCHECK:

Okay. Now--

250 (Brief pause.)
251 THE COURT:

Mr. Scheck.

252 MR. SCHECK:

This is 1346.

253 THE COURT:

Thank you.

254 MR. SCHECK:

Did you review Dr. Lee's testimony with respect to this board?

255 MR. BODZIAK:

Can I come down and--

256 MR. SCHECK:

Please do.

257 MR. BODZIAK:

I don't believe I saw this particular board, no.

258 MR. SCHECK:

And you didn't review his testimony--

259 THE COURT:

Excuse me.

260 MR. SCHECK:

--by MR. SCHECK: With respect to this board--

261 THE COURT:

Mr. Scheck, do we have any remains on this?

262 MR. SCHECK:

No.

263 MR. BODZIAK:

I'm sorry. Could you--

264 MR. SCHECK:

And you didn't review his testimony with respect to this?

265 MR. BODZIAK:

I don't recall him talking about this--these blood marks on the envelope, no.

266 MR. SCHECK:

All right. Now, you said that the parallel line imprint could have been made without a border and without a non-printing area around it if that came from some blood drops that were shed at the onset of the struggles?

267 MR. BODZIAK:

That's one possibility, yes.

268 MR. SCHECK:

All right. But you were dubious about that because there was a whole pool of blood that you saw at the crime scene?

269 MR. BODZIAK:

That's one of the reasons that I don't think it's a shoeprint.

270 MR. SCHECK:

Now, do you recall Dr. Lee's testimony that the parallel line imprint, because of the bloodstain patterns, had to be left first and there were other blood imprints over it later, thereby indicating that there could be some--you could time the deposits by way of an interpretation of the bloodstains?

271 MR. BODZIAK:

I don't recall that testimony.

272 MR. SCHECK:

You don't?

273 MR. BODZIAK:

No. I don't recall this board. I must have missed that part.

KEY QUOTE
274 MR. SCHECK:

You don't? You must have missed--

275 MR. BODZIAK:

Yes.

276 MR. SCHECK:

Must have missed it. And--well, do you think that before you come in and testify about when you think bloodstains were deposited, it would have been useful to study Dr. Lee's testimony with respect to the bloodstain evidence?

277 MS. CLARK:

Objection. That's argumentative and it's beyond the scope.

278 THE COURT:

Sustained. It's argumentative.

279 MR. SCHECK:

Do you think that bloodstain analysis in terms of spatter and the times of deposit has some significance in terms of figuring out when imprints were made?

280 MR. BODZIAK:

Are you referring to shoe imprints?

281 MR. SCHECK:

Well, I'm referring to bloodstains generally.

282 MR. BODZIAK:

Well, I'm not here to testify about bloodstains, but shoeprints.

283 MR. SCHECK:

I understand. But these are imprints made in blood, aren't they, that we're talking about?

284 MR. BODZIAK:

Are we talking about shoeprints or fabric impressions or other markings in blood?

285 MR. SCHECK:

Isn't the discussion here about imprints?

286 MR. BODZIAK:

The--one of the reasons that I'm here is to dispel this mysterious word "imprint" as including anything that you want it to be and refer specifically to shoeprints, which is what I examined.

287 MR. SCHECK:

But as a scientific fact, an imprint is an imprint.

288 MR. BODZIAK:

No. It's not a scientific fact that an imprint is an imprint. You mean, imprint of a number of objects we've talked about and if you would be--

289 MR. SCHECK:

I would be very specific--

290 MR. BODZIAK:

--referring--

291 MS. CLARK:

Objection. Counsel is interrupting the witness.

292 THE COURT:

Yes. Let him finish his answer.

293 MS. CLARK:

May the witness please finish his answer?

294 MR. SCHECK:

Had you finished, sir?

295 MR. BODZIAK:

I just would like to talk specifically about shoeprints or know in your questions if you're asking me about shoeprints or fabric impressions or specifically what you're asking about.

296 MR. SCHECK:

Well, don't you believe that it is important to consider all the evidence in reaching an interpretation of an imprint found at a crime scene?

297 MR. BODZIAK:

In general, yes.

298 MR. SCHECK:

And wasn't one of the reasons that you were ruling out the parallel line imprints as could have possibly coming from his shoe was the lack of a border and the non-printing area around it?

299 MR. BODZIAK:

That is one of several reasons why, yes.

300 MR. SCHECK:

Well, two actually. Right?

301 MR. BODZIAK:

Two. Two of several reasons.

302 MR. SCHECK:

And before you came and testified, yesterday you gave us a board that you didn't use listing your reasons for eliminating the parallel line imprint patterns as being--possibly coming from a shoe. Do you recall that?

303 MR. BODZIAK:

I didn't prepare those boards and when I reviewed them upon arriving in Los Angeles, I did not think they could explain it as well as I could just talking. So I chose not to use them.

304 MR. SCHECK:

All right. But in those boards, there were four different reasons that you stated?

305 MR. BODZIAK:

I believe there were four boards--

306 MS. CLARK:

Objection. Irrelevant, your Honor.

307 THE COURT:

Overruled.

308 MR. SCHECK:

Now, if there were evidence based on bloodstain interpretation that the parallel line imprint on the envelope happened before the other bloodstains on the envelope, would you not agree that that was scientific facts to support the position that that imprint was left before a greater amount of blood shed occurred at the scene?

309 MR. BODZIAK:

I totally concur that that imprint was left at that point, but by fabric where another object, not a shoe.

310 MR. SCHECK:

Move to strike. Not responsive.

311 THE COURT:

Overruled.

312 MR. SCHECK:

My question, sir, is that if through the--you understand that Dr. Lee--do you--dr. Lee testified that the parallel line imprint pattern was then covered over with a greater amount of blood from another imprinting source.

313 MR. BODZIAK:

Yes. I've examined the envelope. I'm aware of what you're talking about.

314 MR. SCHECK:

All right. And that would you concur, looking at the middle photograph labeled bloodstain pattern no. 2, that in the upper right-hand corner of that is the parallel line imprints that we're talking about?

315 MR. BODZIAK:

Yeah. I think there's a much better photograph to discuss it.

316 MR. SCHECK:

Yes. I understand.

317 MR. BODZIAK:

This is very hard to discuss because you can't see the parallel lines very well and it's way out of scale. But yes, I know what you're talking about.

318 MR. SCHECK:

Well, there are other photographs of this.

319 MR. BODZIAK:

Yes.

320 MR. SCHECK:

Correct?

321 MR. BODZIAK:

Yes, there are.

322 MR. SCHECK:

And this particular board, do you know, was the one where the discussion of when things were deposited occurred in Dr. Lee's testimony?

323 MR. BODZIAK:

I previously stated I did not--

324 MR. SCHECK:

Right.

325 MR. BODZIAK:

--see that board.

326 MR. SCHECK:

Didn't follow this.

327 MR. BODZIAK:

But I know what you're talking about--

328 MR. SCHECK:

All right.

329 MR. BODZIAK:

--with regard to the imprint or the small mark which he referred to as "imprint" with the wavy lines.

330 MR. SCHECK:

Okay. Now, would you not agree that this depiction of the order of deposits of blood supports the position that the parallel line imprint on the envelope occurred earlier in the struggle rather than later when there was more blood shed?

331 MR. BODZIAK:

Are you asking that in the context of how it would influence my determination regarding whether or not that was a shoeprint?

332 MR. SCHECK:

I'm asking you just to concede that that is a fact that relates to when that imprint was made, when the blood deposits occurred.

333 MR. BODZIAK:

In my testimony yesterday, I conceded there was hypothetical ways which could have in fact occurred that that small print could have been put on there in a way--and I gave one example, at the onset of the crime--with--before the other blood or, you know, that would be the reason that it would be a small isolated print, which I think is what you're asking. If I could continue. That in no way influences my whole interpretation of it as to whether or not it's a shoeprint.

334 MR. SCHECK:

Well, wait. Please, if you can, I'll try to make my questions as clear as possible and maybe you could--

335 MS. CLARK:

Objection, your Honor, to the editorializing.

336 THE COURT:

Overruled.

337 MR. SCHECK:

Now, all I'm asking is that you said yesterday you were answering in response to hypotheticals, right?

338 MR. BODZIAK:

I gave a hypothetical of how that impression could occur without surrounding features in an island configuration.

339 MR. SCHECK:

Right.

340 MR. BODZIAK:

Of that size.

341 MR. SCHECK:

Right. And what you were saying is, if it occurred earlier in the struggle where there were just a few blood drops that might have gotten on the sole of the shoe, you would get an imprint without non-printing area around it and without a border, right?

342 MR. BODZIAK:

I never mentioned anything about blood drops on a shoe in this case. But in the hypothetical context, I said it could be a drop of blood on any object hypothetically, including a shoe, and that is how you could get the isolated island impression.

343 MR. SCHECK:

Right. And that was on direct you offered that, right?

344 MR. BODZIAK:

Not as a shoe in this case, but as a hypothetical event, yes.

345 MR. SCHECK:

Right. Yes. And you said that would be the only possible way it could happen, right?

346 MR. BODZIAK:

That was one way in which it could happen.

347 MR. SCHECK:

Well, but you were unaware of this board and testimony that Dr. Lee gave supporting his contention that that imprint--

348 MS. CLARK:

Objection. Asked and answered by the witness.

349 THE COURT:

Overruled.

350 MR. SCHECK:

--occurred--

351 MS. CLARK:

Argumentative.

352 THE COURT:

Overruled.

353 MR. SCHECK:

--earlier in the struggle before subsequent deposits of blood were on the envelope?

354 MS. CLARK:

Asked and answered.

355 THE COURT:

Overruled.

356 MR. BODZIAK:

The sequence of the events with regard to the blood deposition on the envelope has no influence on my interpretation of those parallel lines. Whether they came before or after would have no bearing on my overall interpretation and opinion that that is not a shoeprint.

357 MR. SCHECK:

Would it have bearing on at least two of the factors that you raised, the lack of a border and the lack of non-printing area around it?

358 MR. BODZIAK:

No. Because if we had a picture of the entire envelope here, which I would like to use or explain if I could in my answer--

359 MR. SCHECK:

Uh-huh.

360 MR. BODZIAK:

Do we have one of the entire envelope, because this doesn't show what I would like to point to in my answer.

361 MR. SCHECK:

You are talking about what kind of picture would you like? Picture of the entire envelope in any size?

362 MR. BODZIAK:

Sure.

363 (Brief pause.)
364 THE COURT:

All right. This is 1349.

365 MR. HARRIS:

Yes, your Honor.

366 MR. BODZIAK:

Okay. If I can answer your question, if you look at the envelope, there are many areas around this parallel pattern which don't have a continuation of that pattern. Some of them are obstructed by additional blood, and if you are stating that that came afterward and I--that wouldn't have any bearing on my example. There are other areas that still do not contain blood which still are isolated. And, for instance, over here, there's no continuation of that pattern, but there's no border like you may get on a shoe. So on this side, there's very little blood, almost no blood right here (Indicating) on the corner of the envelope. Yet, there's no contamination of the pattern (Indicating). Over here, of course, it's obstructed by other bloodstains. This in no way--what you're stating then to Dr. Lee's testimony has no influence on my opinion regarding whether this is a shoeprint or not.

367 MR. SCHECK:

Well, I really don't want to be repetitive about this, but are you conceding that from the deposition of the blood, that the other blood that you say was obstructing the pattern came after?

368 MR. BODZIAK:

I'm not rendering an opinion whether it came before or after. I'm stating that with regard to the examination of these parallel lines and their features, which are dissimilar in the entire--looking at this examination, dissimilar to a footwear impression, have no bearing on my opinion.

369 MR. SCHECK:

Well, so in other words, even if, as you said on direct examination yesterday, this imprint was made at the onset of the struggle and it came from an early blood drop and thereby accounted for the fact that there's no border and no impression, nothing in a non-printing area around it, that wouldn't affect your opinion?

370 MS. CLARK:

Objection. Asked and answered.

371 THE COURT:

Overruled.

372 MR. BODZIAK:

It had--what I'm examining is the characteristics of this imprint or impression, whatever made it, I'll use a general term "impression," whether it's fabric or shoes or whatever, I'm saying that my examination of that is totally independent of the other blood around it, which obviously is not related to it and has no bearing whether that other blood came before or after on my opinion with regard to this impression.

373 MR. SCHECK:

So you're looking at one factor and not considering the rest?

374 MR. BODZIAK:

When you look at a shoe impression, you don't consider anything else. You're looking at the shoe impressions.

375 MR. SCHECK:

Okay. Now, there--I think even in your own report, you indicate that there are--you observed creases and folds in this area of the envelope.

376 MR. BODZIAK:

Well, there's obviously normal--this envelope has been creased and folded or crumpled in many places.

377 MR. SCHECK:

But I'm referring particularly to the area of the parallel line imprint was an area that was creased and folded.

378 MR. BODZIAK:

Yeah. Right here, along here, along here, here, this mark along here was actually a result of the eyeglass curvature inside the envelope (Indicating). There's just a number of those features that you're describing along the envelope, yes.

379 MR. SCHECK:

And the envelope was not on a flat surface, was it?

380 MR. BODZIAK:

I don't know if, when this mark was made, it was or not. But it has no influence on the examination of these characteristics.

381 MR. SCHECK:

Well, do you know if the receiving surface that the envelope was on was flat?

382 MR. BODZIAK:

The receiving surface could have been as varied as a drop of blood on the envelope and Ron Goldman's jeans making contact and making that print. It could be a drop on his jeans and him with the envelope in his hand coming down and responding to that and putting this mark on it. There's no way to look at this and tell how that happened. That is why you rely on your examination of the physical features here and you're not influenced by other factors that you don't know for certain what occurred. I'm looking at the physical characteristics of this impression or imprint. Based on those features, in my opinion, for the reasons I stated yesterday, it is not a shoeprint.

383 MR. SCHECK:

Mr. Bodziak, did you hear Agent Deedrick testify?

384 MR. BODZIAK:

Yes, I did.

385 MR. SCHECK:

Did you hear Agent Deedrick say that he thought it was unlikely that the imprint there could have been made by the envelope coming into contact with Ron Goldman's jeans in the fashion that you just described and then falling to the ground?

386 MR. BODZIAK:

I believe he stated there had to be some pressure involved of some sort. It couldn't fall through the air and just touch his jeans and fall off, but it could with pressure make contact with his jeans.

387 MR. SCHECK:

Are you--you don't recall Agent Deedrick saying that he thought the most likely and reasonable interpretation of how that imprint occurred is that the envelope was flat on the ground and something or some object--

388 MS. CLARK:

Objection. That misstates the testimony.

389 MR. SCHECK:

--imprinted on it?

390 THE COURT:

Sustained.

391 MR. SCHECK:

Do you recall his testimony about that?

392 MR. BODZIAK:

May I answer that?

393 THE COURT:

Yes.

394 MR. BODZIAK:

I recall his testimony that there had to be pressure, and common sense would dictate that the envelope being on the ground would be a more likely scenario than what I described with grabbing a leg where there might be a drop of blood.

395 MR. SCHECK:

He did say that, didn't he?

396 MR. BODZIAK:

Did say what?

397 MR. SCHECK:

He did say it was his opinion that both the envelope and the piece of paper being on the ground was the most likely and reasonable way that the envelope and the paper would be when the imprint was made. Didn't he say that?

398 MS. CLARK:

Objection. That misstates the testimony.

399 THE COURT:

Overruled.

400 MR. BODZIAK:

I think his most definitive explanation was that you had to have pressure between the envelope and the blood. It could not just be something that bounced off of it or grazed it. There had to be pressure. I don't think he rendered an opinion as to exactly what happened.

401 MR. SCHECK:

You sure?

402 MR. BODZIAK:

I know he didn't.

403 MR. SCHECK:

You sure he didn't say that the most reasonable unlikely way--

404 THE COURT:

Counsel, we're arguing now. Counsel, we're arguing now. The jury heard the testimony.

405 MR. SCHECK:

Okay. And we have transcripts that we can get.

406 THE COURT:

The jury heard the testimony.

407 MR. SCHECK:

Now, in terms of, as a general proposition, when a shoe makes contact with the surface that is not flat or uneven surfaces, it can leave an imprint made in blood of part of the shoe and not the borders, for example, that wouldn't come in contact with it?

408 MR. BODZIAK:

Could you give a specific example of what you're stating? I believe I know what you are, but could you define it?

409 MR. SCHECK:

Well, uneven surfaces will cause contact with only parts of the shoe.

410 MR. BODZIAK:

Such as if you stepped on a golf ball.

411 MR. SCHECK:

Well, you stepped on a curved tile.

412 MR. BODZIAK:

On a curved tile?

413 MR. SCHECK:

Curved tile?

414 MR. BODZIAK:

On the very edge of it?

415 MR. SCHECK:

Yes.

416 MR. BODZIAK:

If--yeah, that's possible.

417 MR. SCHECK:

This envelope is found near the edge of a curved tile, right?

418 MR. BODZIAK:

That's where it was photographed. I don't know where it was when the impression was put on it.

419 MR. SCHECK:

Uh-huh. In fact, when you made your notes, you were investigating the possibility that this envelope had been turned over, there was blood on the corner of the envelope and that somebody or something stepped on it and the imprint came from what you call troweling marks on the edge of the tile.

420 MR. BODZIAK:

Not exactly.

421 MR. SCHECK:

Well--

422 MR. BODZIAK:

May I explain?

423 MR. SCHECK:

Sure.

424 MR. BODZIAK:

Okay. In my notes, when I examined this envelope, the first time I examined it at the Los Angeles Police Department lab, I observed these marks and I was interested what could have accounted for them. And so I made some notes. During the time I had to examine this and photographing was limited. I made some notes possibly troweling marks on the concrete because I had some photographs which showed blood marked areas of the tile and various striations again from these finishing marks that whoever finished the concrete put on there. So I noted "possible trowel marks."

I also noted that in looking at Ron Goldman's Pataqua boots, that there was a certain cleat formation, design to those boots, and I was looking at some of the different shapes of the blood deposited here and I was trying in my mind to see if those boots may have either directly or with the envelope turned over on a blood-soaked walkway and then stepping on the back of it and then flipped over again have caused or if I could associate those boots with any of those marks. Upon final examination of the photographs, Pataqua boots and all the other things I had, I was never able to fully explain this and subsequently referred it to Douglas Deedrick because it was not a shoe impression with parallel lines; and with regard to these, I was never able to associate it definitely with Ron Goldman's Pataqua boots or any other item of footwear.

425 MR. SCHECK:

All right. So you were investigating that first in your reports, you indicated more than one shoe impressions on this envelope?

426 MR. BODZIAK:

Possibly what I have just described from Ron Goldman's Pataqua boot.

427 MR. SCHECK:

And would that scenario not include the fact that you thought that the envelope might have been on the edge of the tile and that's how you got the troweling marks?

428 MR. BODZIAK:

At that point, when I made those notes, I wasn't eliminating anything. I was making exactly what notes are, "notes," to refer to later and to follow up with additional examination which I did and to which I've testified.

429 MR. SCHECK:

So the answer to my question is yes?

430 MR. BODZIAK:

Could you restate your question so I'm sure what it is--

431 MR. SCHECK:

Is part of your scenario, that possibility you were pursuing, that you thought that the envelope might have been on the curved edge of the tile?

432 MR. BODZIAK:

No. I know--I made no reference of a curved edge of the tile. Simply the troweling marks.

433 MR. SCHECK:

Troweling marks, which could have been on the curved edge of the tile?

434 MR. BODZIAK:

It could have been anywhere on the tile.

435 MR. SCHECK:

Now, with respect to the piece of paper, you have indicated that you saw the parallel line imprint impressions on that piece of paper?

436 MR. BODZIAK:

You're referring now to the triangular piece of paper?

437 MR. SCHECK:

Yes.

438 MR. BODZIAK:

Yes.

439 MR. SCHECK:

And that piece of paper was not recovered for examination?

440 MR. BODZIAK:

No. I never saw the original piece of paper.

441 MR. SCHECK:

And maybe if we could bring that up here just for a second.

442 (Brief pause.)
443 MR. SCHECK:

Now, did you recall parts of Dr. Lee's testimony with respect to the bloodstain patterns and the orders of deposit on this piece of paper?

444 MR. BODZIAK:

Uh, I just re--my memory just recollects that he was referring to wavy lines that he referred to as imprints and that he could not state definitively that they were made by shoes.

445 MR. SCHECK:

And so you did not--

446 THE COURT:

Mr. Scheck, excuse me. I'm sorry, counsel. You're referring to a new exhibit for the record, please?

447 MR. SCHECK:

I'm sorry. This is 1338-A.

448 THE COURT:

Thank you.

449 MR. SCHECK:

And--

450 THE COURT:

Excuse me, counsel. Are you close?

451 MR. SCHECK:

Close to what?

452 THE COURT:

You know what.

453 MR. SCHECK:

Finishing, no. I'm sorry.

454 THE COURT:

All right. Finish this line of questioning.

455 MR. SCHECK:

Sure.

456 MR. SCHECK:

And in terms of, did you--so you did not focus on his testimony as to the order of deposit of blood on the piece of paper?

457 MR. BODZIAK:

No.

458 MR. SCHECK:

All right. And would it make a difference to you that Dr. Lee indicated from the best that could be said, looking at the photograph, that it appeared that the parallel line imprints were first and there was other blood covering them based on the bloodstain pattern?

459 MR. BODZIAK:

Again, as for reasons I stated before, if he said that, it would have no influence on my interpretation of the portions of the wavy lines that you could see that was the imprint.

460 MR. SCHECK:

But it would go towards at least two of the reasons that you gave us, the absence of a border and the absence of non-printing area around the imprint. It would be relevant to that, wouldn't it?

461 MR. BODZIAK:

Well, the detail in this particular impression is a lot less than the detail of the envelope for which we had the original item, and the area that it covers and the adjacent areas don't have a border. But as far as it being an island, I don't think that you could definitively rule where it began or ended on this photograph.

462 MR. SCHECK:

Well, I simply was asking you whether or not the order of deposit had some relevance in terms of at least two factors, the border and the absence of a non-printing area. Does it have relevance to that?

463 MR. BODZIAK:

There's--the only relevance--the answer is no because the only relevance is what remains there. What remains there is what an examiner can examine, not what they want to hypothesize or say was there and is no longer there.

464 MR. SCHECK:

Well, is the bloodstain pattern visible on that envelope?

465 MR. BODZIAK:

The--probably two-thirds of--you mean the triangular piece of paper?

466 MR. SCHECK:

Yes. On this--I'm sorry. On this triangular piece of paper, do you see bloodstain patterns?

467 MR. BODZIAK:

Well, there's a lot of blood on it. Whether or not that blood was whipped up because it was lying in blood or whether blood fell on it and was whipped or absorbed into it or whether it's a result of contact with an object that all of these other points or if it's actually blood spatter flying through the air and striking it, that's not my area of expertise. I'm comparing the footwear impression.

468 MR. SCHECK:

Uh-huh. Well, I understand that what you're basically telling us is that you don't have--you feel you don't have an area of expertise in bloodstain interpretation.

469 MR. BODZIAK:

With regard to shoe imprints--

470 MS. CLARK:

Objection. It's irrelevant.

471 THE COURT:

Overruled.

472 MR. BODZIAK:

With regard to shoe imprints, I have a very good base of experience and expertise in that area.

473 MR. SCHECK:

But is it--you're saying that you can--you look at the imprint, but as far as the rest of the stains are concerned, that's not your area?

474 MR. BODZIAK:

You can not reconstruct--well, let me say this. All of these stains which are not part of the wavy lines have no bearing on my examination.

475 MR. SCHECK:

Just one more question then. Do you recall Dr. Lee offering any testimony about the effect of the blood surrounding this parallel line pattern and its obscuring borders?

476 MR. BODZIAK:

Yes. And I can see that. I can see where there are wavy lines that blood has either before or after come over it and partially obscured it.

477 MR. SCHECK:

So you would agree then with Dr. Lee that because of the subsequent deposit that obscures some of the area with the wavy lines, that that could obscure some pattern of a border?

478 MR. BODZIAK:

It definitely does obscure part of the impression, yes.

479 MR. SCHECK:

Okay.

480 MR. BODZIAK:

There's other areas where there is no bloodstains which the wavy lines run into.

481 THE COURT:

All right. All right. Mr. Scheck, would you take this item down, please.

Temperature

tense

Key Quotes (5)

William Bodziak
I believe he's been the director of a laboratory for a considerable number of years and that he doesn't conduct on a normal basis in that laboratory bench experience--bench-type examinations of shoe impressions, but rather directs the laboratory.
Scheck uses this against Bodziak immediately, pointing out that Bodziak just admitted he had limited personal knowledge of Lee's work — undermining his basis for critiquing Lee's qualifications.
Barry Scheck
I thought you just told us that you hadn't read Dr. Lee's books.
Catches Bodziak in a direct contradiction: he said he hadn't read Lee's books, then described skimming one — a clean impeachment moment.
William Bodziak
It's limited, yes. But-- it's what I know.
Forced admission that his knowledge of Lee's credentials and casework is limited, weakening his standing to critique Lee's methodology.
William Bodziak
No. That's correct.
Bodziak concedes that flash bounce could not have moved the hair, fiber, and trace evidence visible in one envelope photograph but absent in the other — supporting the defense argument that the envelope was moved.
William Bodziak
I don't recall this board. I must have missed that part.
Bodziak admits he missed Lee's testimony about bloodstain sequencing on the envelope — the very testimony most relevant to his own opinions about when the parallel line imprint was deposited.

Evidence (6)

People's 1349
Three photographs of the envelope found at the Bundy crime scene, including one showing it with Mark Fuhrman pointing at the glove and close-ups showing hair, fiber, and trace evidence
discussed in detail; Bodziak examines parallel line imprints and concedes flash bounce cannot explain disappearance of trace material between photos
People's 1346
Dr. Lee's board depicting bloodstain patterns and order of deposit on the envelope
Bodziak admits he never saw this board or the associated testimony, undermining his rebuttal
People's 1338-A
Photograph of the triangular piece of paper found at the crime scene with parallel line imprints
discussed; Bodziak notes he never examined the original, only photographs
Informal
Ron Goldman's Pataqua boots
Bodziak reveals he investigated whether boot cleat pattern could account for marks on the envelope, ultimately unable to associate them
Informal
Bronco carpet fiber
Referenced briefly to establish Bodziak's own use of 'cannot eliminate / cannot positively associate' language — the same formulation Scheck argues Lee used correctly
Informal
Bruno Magli shoe
Referenced in context of Bronco carpet — Bodziak could not eliminate or positively associate

Notable Exchanges (5)

Barry ScheckWilliam Bodziak
Scheck establishes that Bodziak used the same 'cannot eliminate / cannot positively associate' formulation he was criticizing Lee for, using the Bronco carpet example from Bodziak's own direct testimony — forcing Bodziak to agree there was nothing misleading about it.
strategic
Barry ScheckWilliam Bodziak
Scheck catches Bodziak first saying he had not read Lee's books, then describing skimming one — Bodziak is forced to explain he briefly looked at some 'laboratory manuals' and a 1994 book published in the Republic of China.
revealing
Barry ScheckWilliam Bodziak
Extended dispute over whether bloodstain sequencing evidence — showing the parallel line imprint was deposited before other blood on the envelope — would affect Bodziak's opinion. Bodziak repeatedly insists it has no bearing; Scheck argues it directly addresses two of the four factors Bodziak cited for excluding a shoe.
heated
Barry ScheckWilliam Bodziak
Bodziak reveals his original investigation notes included the possibility of 'troweling marks' from the concrete tile and explored whether the envelope may have been flipped, showing he initially considered much more uncertain interpretations than his confident rebuttal testimony suggested.
revealing
Barry ScheckLance A. Ito
When Scheck pushes Bodziak on Agent Deedrick's testimony that the envelope being flat on the ground was the most likely scenario, Ito cuts him off: 'Counsel, we're arguing now. The jury heard the testimony.'
procedural

Light Moments (1)

Lance A. Ito
Ito asks Scheck 'Are you close?' Scheck responds 'Close to what?' Ito: 'You know what.' — a dry judicial hint that it was time to wrap up.

Credibility Attacks (4)

⚔ William Bodziak
prior inconsistent statement
Scheck catches Bodziak saying he had not read Lee's books, then eliciting a description of books Bodziak had 'skimmed' — directly impeaching his denial.
⚔ William Bodziak
incomplete preparation / selective review
Scheck establishes that Bodziak missed Dr. Lee's bloodstain sequencing testimony about the envelope (Exhibit 1346) and the triangular piece of paper — the very evidence most relevant to Bodziak's rebuttal opinions about when the imprints were deposited.
⚔ William Bodziak
bias / limited basis for opinion
Scheck forces Bodziak to admit his knowledge of Lee's publications and casework is 'limited,' undermining his standing to opine that Lee's expertise in footwear impression analysis is inferior to his own.
⚔ William Bodziak
inconsistent standard
Scheck uses Bodziak's own Bronco carpet testimony — where he said he could neither eliminate nor positively associate — to show Bodziak applied the same qualified formulation he criticized Lee for using, with no objection on his own direct examination.

Witness Demeanor

(Brief pause.) — multiple instances when exhibits were retrieved or Bodziak stepped down to examine boards
Bodziak repeatedly asked to step down from the witness stand to examine photographs on boards
Bodziak interrupts Scheck's question to continue his answer, prompting a 'Move to strike' and a sustained objection from Clark that counsel was interrupting the witness

Objections

20 objections (4 sustained, 14 overruled)
Proceeding 7698 • 481 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 SEP 15, 1995 📄 Cross-examination of William B
SEP 15, 1995 KRT DvH TD