📄 Cross-examination of William Bodziak (part 3) — Monday, September 18, 1995
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▲ Day 156 of 167

Cross-examination of William Bodziak (part 3)

Witness: William Bodziak
Examiner: Barry Scheck
Called by: Prosecution • Date: Monday, September 18, 1995 • Utterances: 414
Barry Scheck cross-examines FBI footwear expert William Bodziak, methodically probing the limits of his expertise — particularly around bloodstain interpretation, fabric impressions, and serological degradation — while pressing him on his knowledge of Dr. Henry Lee's testimony. The examination reveals that Bodziak's claimed familiarity with '95 percent' of Lee's testimony was actually limited to the shoe impression portions, and closes with a memorable punchline about Court TV.
1 (The following proceedings were held in open court, in the presence of the jury:)
2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. The record should reflect that we've been rejoined by all the members of our jury panel. Mr. Bodziak, would you resume the witness stand, please. All right. Mr. Scheck, you may resume your cross-examination.

3 MR. SCHECK:

And hopefully conclude, your Honor.

4 THE COURT:

Amen.

5 MR. SCHECK:

Now, agent Bodziak, there--the picture to the far right on 1337 and the blow-up which is marked 1337-A, do you recall this one?

6 MR. BODZIAK:

Yes, I do.

7 THE COURT:

And, Mr. Scheck, would you just give me the labeling on the 1337?

8 MR. SCHECK:

It's called "Walkway 6-25-94," but it's the one on the lower right-hand corner, and 1337-B is the blow-up that's labeled with the circle "PLP SP" standing for shoeprint.

9 MR. BODZIAK:

Yes.

10 MR. SCHECK:

All right. Now, you recall Dr. Lee's testimony with respect to this particular imprint pattern?

11 MR. BODZIAK:

Yes.

12 MR. SCHECK:

And you recall that he testified that in his opinion, this parallel line imprint pattern was a shoeprint?

13 MR. BODZIAK:

Yes.

14 MR. SCHECK:

Do you agree that this is a shoe print?

15 MR. BODZIAK:

It's more than likely a shoeprint. I mean, it looks very much like a shoeprint, but it's again partial.

16 MR. SCHECK:

Well, in your opinion then, it's more than likely a shoeprint?

17 MR. BODZIAK:

Yes. Yes.

18 MR. SCHECK:

So you would agree in that respect with Dr. Lee, that this is a parallel line imprint that's more than likely a shoeprint?

19 MR. BODZIAK:

Yes.

20 MR. SCHECK:

Now, is this one of the kinds of imprint patterns that you believe would get lighter over time as opposed to darker?

21 MR. BODZIAK:

What is it composed of?

22 MR. SCHECK:

Well, Dr. Lee testified that based on his tests and observations at the scene--

23 MS. CLARK:

Objection, your Honor. Objection.

24 THE COURT:

What's the objection?

25 MS. CLARK:

Tests, your Honor.

26 MR. SCHECK:

Well, if they're going to imply it's not--

27 MS. CLARK:

Objection.

28 THE COURT:

Objection sustained. Rephrase the question.

29 MR. SCHECK:

All right. Dr. Lee testified based on the work he did at the crime scene and his observations that he believed that that parallel line imprint was made in blood. Are you aware of that?

30 MS. CLARK:

Same objection, what he did.

31 THE COURT:

Overruled.

32 MR. BODZIAK:

Yes.

33 MR. SCHECK:

Now, if we assume that that is indeed made in blood, would you believe that that imprint pattern is the kind that would get lighter over time? And here I'm talking about a period of 13 days. Would it get lighter over 13 days or darker?

34 MR. BODZIAK:

If this particular impression was an impression made on June 13th in blood, it would only get lighter.

KEY QUOTE
35 MR. SCHECK:

And--and do you have any--and it's your testimony that this would get lighter?

36 MR. BODZIAK:

Absolutely.

37 MR. SCHECK:

And you're saying that these--assuming that there was an imprint pattern made on June 12th in blood with this configuration--

38 MR. BODZIAK:

Yes.

39 MR. SCHECK:

--is it your testimony that the lines in blood would not break down in terms of the proteins and the bacterial degradation and those lines get darker?

40 MR. BODZIAK:

Well, the first part I would agree with. They would degrade as any blood would when exposed to the weathering and time, particularly over that time period. But based on my experience in casework as well as blood impressions which I prepare for classes, then maybe don't use for nine months later purposely to make them light for chemical enhancement in those classes, they always turn lighter without exception.

41 MR. SCHECK:

Well, you just mentioned nine months.

42 MR. BODZIAK:

They gradually get lighter with time, sir. It doesn't matter what the time frame is. As more time goes by, they will get lighter.

43 MR. SCHECK:

And can you--now, we're talking now 13 days. You realize that?

44 MR. BODZIAK:

Yes.

45 MR. SCHECK:

And can you tell us what scientific chemical serological properties is the basis for your opinion that an imprint that size made in blood would get lighter within 13 days as opposed to darker?

46 MS. CLARK:

Objection. This is irrelevant.

47 THE COURT:

Sustained.

48 MS. CLARK:

Asked and answered. Beyond the scope.

49 THE COURT:

We've already asked this question. We've already asked this question.

50 MR. SCHECK:

Well, this is on a different imprint of a different size.

51 THE COURT:

But we asked the same question. We've already been through the lighter and darker.

52 MR. SCHECK:

Okay. So your answer would be the same that we went through before, that you're not a serologist.

53 MR. BODZIAK:

May I answer that?

54 THE COURT:

Yes.

55 MR. BODZIAK:

Yes, my answer would be the same. It's from experience.

56 MR. SCHECK:

All right. But you're not a serologist?

57 MR. BODZIAK:

No.

58 MS. CLARK:

Objection. Asked and answered.

59 MR. SCHECK:

You're aware of the fact that Dr. Lee is regarded as one of the foremost--

60 MS. CLARK:

Objection. Argumentative.

61 MR. SCHECK:

--serologists?

62 THE COURT:

Overruled.

63 MR. BODZIAK:

Again, I've stated my knowledge of his qualifications. I don't work with Dr. Lee and I don't have very extensive knowledge of exactly what his strong points are in terms of experience.

64 MR. SCHECK:

Well, in--you indicated--I think first you said you hadn't read any of his books, and then you indicated--

65 THE COURT:

Counsel, we went through this last week.

66 MR. SCHECK:

Well, any of the books that you skimmed of Dr. Lee--

67 THE COURT:

Counsel, move on.

68 MR. SCHECK:

Now, you do not have a close-up direct picture of this tile from June 13th?

69 MR. BODZIAK:

Not that part of it, no.

70 MR. SCHECK:

And basically what you told this jury before is that you were looking at some overall shots, and looking at those overall shots, in your opinion, you could not see this imprint?

71 MR. BODZIAK:

The large photographs which I have labeled starting with "E" on one and going through I think "L," "M" and "O," which were general scene shots, but you could see the tiles fairly well, I could not see that impression on the 10th row of tiles, which is where that's from.

72 MR. SCHECK:

Now, these--

73 THE COURT:

Excuse me. I'm sorry. Excuse me, counsel. When we say "That," we're talking about 1337-A; is that correct?

74 MR. SCHECK:

Yes.

75 THE COURT:

All right.

76 MR. SCHECK:

Now, these pictures that were labeled "H"--that you used on your direct examination, those blown-up pictures of the scene, do you recall those?

77 MR. BODZIAK:

Yes. The ones you just showed me at break.

78 MR. SCHECK:

Yes. I think that--

79 (Brief pause.)
80 MR. SCHECK:

Now--

81 THE COURT:

All right. Mr. Harris, which exhibit is this?

82 MR. HARRIS:

598.

83 MR. SCHECK:

This is 598.

84 MR. SCHECK:

And we were making reference before to the pictures labeled "A," "B," "C" and then we had some labeling problems, "J" and "K." Do you recall those?

85 MR. BODZIAK:

Yes.

86 MR. SCHECK:

Now, those pictures were created by you sometime in August?

87 MR. BODZIAK:

These particular prints were created by me in August, yes.

88 MR. SCHECK:

All right. And that was in anticipation of Dr. Lee's testimony?

89 MR. BODZIAK:

I was requested to print those, yes, for that reason.

90 MR. SCHECK:

And you have never received contact sheets of the pictures taken from the crime scene from the Los Angeles Police Department?

91 MR. BODZIAK:

No.

92 MR. SCHECK:

And are you aware that the Defense has repeatedly asked for contact sheets in this case?

93 MS. CLARK:

Objection.

94 THE COURT:

Sustained. Sustained.

95 MR. SCHECK:

May I approach?

96 THE COURT:

No. Proceed.

97 MR. SCHECK:

You were sent in August the negatives; were you not?

98 MR. BODZIAK:

Yes, I was.

99 MR. SCHECK:

And you then from these negatives were able to prepare enlarged contact sheets?

100 MR. BODZIAK:

That's correct.

101 MR. SCHECK:

And from those contact sheets, you could then select out photos and do enlargements?

102 MR. BODZIAK:

No. From the original negatives, not from contact sheets.

103 MR. SCHECK:

The contact sheets directed your attention to the picture.

104 MR. BODZIAK:

Right.

105 MR. SCHECK:

You were then able to select it and do enlargements.

106 MR. BODZIAK:

It saves time rather than enlarge everything to that size, which would be very costly and time consuming.

107 MR. SCHECK:

And would you not agree that these pictures that you created in August were of a better quality than the ones that had previously been provided to you by the Los Angeles Police Department?

108 MR. BODZIAK:

Which ones are you referring to?

109 MR. SCHECK:

A, B, C, J, K.

110 MS. CLARK:

Objection. Vague.

111 THE COURT:

Overruled.

112 MR. BODZIAK:

The--I had seen smaller pictures of those. I had--I had not requested larger pictures at that time because my examination was about the close-up photographs. But I did have an opportunity to look at the pictures they had available of those other frames.

113 MR. SCHECK:

And you also prepared a picture from the original negative of the socks that were found in Mr. Simpson's bedroom?

114 MR. BODZIAK:

I don't recall enlarging a picture of the socks in his bedroom, no, sir.

115 MR. SCHECK:

To your knowledge, during this period, did someone else do that?

116 MR. BODZIAK:

They may have. I don't recall that.

117 MR. SCHECK:

Now, you went out to the crime scene and you took recently and you took a series of black and white photographs of what you found to be imprints in the concrete of these tiles?

118 MR. BODZIAK:

That's correct.

119 MR. SCHECK:

Some of which were footwear imprints?

120 MR. BODZIAK:

That's correct.

121 MR. SCHECK:

Now, with respect to--

122 MR. SCHECK:

We can take that one down for a moment. Thank you.

123 MR. SCHECK:

And with respect to 1337-B, the three parallel line imprints, and 1337-A, okay. Have these in mind?

124 MR. BODZIAK:

Yes.

125 MR. SCHECK:

You are not telling the jury that any of those imprints in concrete that you took pictures of recently formed these parallel line imprints in 1337-A and 1337-B?

126 MR. BODZIAK:

No. Not--just the wavy line and the one in your right hand, whichever that is.

127 MR. SCHECK:

Just the wavy line.

128 MR. BODZIAK:

Yes.

129 MR. SCHECK:

Okay. So as far as 1337-A, those imprints labeled by Dr. Lee "PLP SP" and 337-B, the one labeled "PLP," those were not made from the indentations in the concrete.

130 MR. BODZIAK:

That's correct.

131 MR. SCHECK:

And from the indentations in the concrete, you were asked--withdrawn. You were asked on direct examination whether or not those indentations you found and photographed in the concrete could have caused the imperfections and the unevenness in color of the various tiles that one sees in the overall pictures that you recently blew up.

132 MR. BODZIAK:

That certainly could be a part of it, but by no means is it all of it.

133 MR. SCHECK:

And did you not tell us that the dark splotchy areas that you saw in the overall pictures and various imperfections, that no one could exclude the possibility that there are other footwear impressions there from just looking at the overall shots?

134 MR. BODZIAK:

Are we talking about on June 13th in blood?

135 MR. SCHECK:

We're talking about the overall--do you recall that there was one point in Dr. Lee's testimony when he saw these new pictures that you created, that he testified that he saw impressions, dark impressions in the tiles that could be imprints?

136 MR. BODZIAK:

I recall strongly one area which I believe at the end of his testimony on recross by Mr. Goldberg, that he just all of a sudden made a general statement pointing to those photographs which were just up here, those enlarged ones that I had made, that there were imprints everywhere. I think he might have even called them shoeprints. I don't recall the exact quote, but I know he certainly referred to them as imprints, and the implication were that the walkway--there was many things on the walkway and he made a very general statement about you could see things everywhere. So I--you'd have to get the exact quote out. I can't remember. But I was concerned about that statement.

137 MR. SCHECK:

Well, if you're concerned about that statement, would it behoove you to be very specific about it do you think?

138 MR. BODZIAK:

I'm being as specific as I can without being inside of Dr. Lee's mind.

139 MR. SCHECK:

Well, in anywhere, did he say that when he looked down that walkway, that he could see a shoeprint?

140 MR. BODZIAK:

There was an open inference. I don't know what he meant.

141 MR. SCHECK:

I only asked did he say that.

142 MR. BODZIAK:

And I'm answering you, I don't know what he meant. He said imprints or shoeprints. There were many of them on that walkway and he pointed to those photographs in answer to Mr. Goldberg.

143 MR. SCHECK:

So you think that he said that one of the dark splotchy areas was a shoeprint?

144 MR. BODZIAK:

I don't know what in his mind he was specifically pointing to. He referred to those general photographs.

145 MR. SCHECK:

I'm only asking you about what he said.

146 MS. CLARK:

Objection. It's argumentative, your Honor.

147 THE COURT:

Sustained.

148 MR. SCHECK:

Now, in your testimony here, did you not state that in the overall shot, looking at the unevenness color and various stains and weathering of the concrete tile since the walkway was put there, that you can see various lighter or darker areas of imperfections and it's impossible to tell what they are?

149 MR. BODZIAK:

Yes. I'll be happy to show those if you can put that chart back up.

150 MR. SCHECK:

No. But is that what you said?

151 MR. BODZIAK:

Yes, it is.

152 MR. SCHECK:

And did you also say that in a very loose sense, if I were asked or anyone including Dr. Lee to look at this and you see these various dark splotchy areas and imperfections, that you cannot exclude the possibility that there are other footwear impressions of course, but you can't say that there are footwear impressions there either?

153 MR. BODZIAK:

There--that's a whole lot different than what he stated in his testimony.

154 MR. SCHECK:

That's what you think.

155 MR. BODZIAK:

Can I exclude the possibility that--

156 MR. SCHECK:

I'm only asking about what you said.

157 MR. BODZIAK:

I'm trying to explain that.

158 MR. SCHECK:

Is that what you said?

159 MS. CLARK:

Objection, your Honor.

160 THE COURT:

No. The question is, is that what you said.

161 MR. BODZIAK:

Would you read it back again?

162 MR. SCHECK:

Sure. "So in a very loose sense, you could look at it if you were asked, if I were asked or anyone including Dr. Lee to look at this and say, do you see these various dark splotchy areas and various imperfections, can you exclude the possibility that there are other footwear impressions, of course, you couldn't. But these are from my inspection of the scene in these photographs, there's nothing that you can look at in my opinion that looks like a shoe impression other the ones I had previously testified to."

163 MR. BODZIAK:

In a very loose sense, yes. That's exactly what I said.

164 MR. SCHECK:

All right. Now, I understand it's your position that the parallel line imprints reflected on 1337 and identified by Dr. Lee in your opinion, based on your previous testimony, you don't believe could have been present on June 12th?

165 MR. BODZIAK:

That's correct.

166 MR. SCHECK:

However, based on the previous discussion we had this morning, you would agree that as far as you know, people from the Los Angeles Police Department did not use enhancement techniques on other areas of that walkway on June 12th?

167 MS. CLARK:

Objection. Asked and answered, speculation, irrelevant.

168 THE COURT:

Overruled.

169 MR. BODZIAK:

Am I aware if they used enhancement techniques? No.

170 MR. SCHECK:

Okay. Now, with respect, however, to the imprints on the envelope, the piece of paper and Mr. Goldman's jeans, would you agree based on the photographic evidence you've seen that those were present on June 12th and June 13th?

171 MR. BODZIAK:

What was present? The parallel--

172 MR. SCHECK:

The parallel line imprints on the envelope, the piece of paper and the imprints on Mr. Goldman's jeans.

173 MR. BODZIAK:

In contrast to the exhibit you just showed me on tile 10?

174 MR. SCHECK:

I'm asking you a very simple question.

175 MR. BODZIAK:

Yeah.

176 MR. SCHECK:

And perhaps--

177 THE COURT:

Sustained. Counsel, it's a compound question.

178 MR. SCHECK:

All right. I'll take it one by one. Would you agree that the parallel line imprint impressions on the envelope from the photographic evidence you've seen were there on June 12th?

179 MR. BODZIAK:

Yes.

180 MR. SCHECK:

Would you agree that the parallel line imprint impressions on the piece of paper were there on June 12?

181 MR. BODZIAK:

Yes.

182 MR. SCHECK:

Would you agree that the imprints on Mr. Goldman's jeans identified by Dr. Lee were there on June 12th?

183 MR. BODZIAK:

12th or 13th I believe is the correct date. Yes.

184 MR. SCHECK:

Now, as part of the 95 percent of Dr. Lee's testimony that you recall hearing and seeing, do you recall what he said about the so-called accordion effect that made imprints on Mr. Goldman's jeans?

185 MR. BODZIAK:

With regard to--

186 MS. CLARK:

Objection. This is beyond the scope.

187 THE COURT:

Sustained.

188 MR. SCHECK:

Well, you recall Dr. Lee's testimony--

189 MR. SCHECK:

Maybe we could put up a board, if I may, your Honor.

190 (Brief pause.)
191 MR. SCHECK:

Actually--I request that we actually--Mr. Harris, if we could pull that one out and place it in front of the podium, I think that might be--I'm sorry.

192 (Brief pause.)
193 MR. SCHECK:

This is 1339, your Honor, imprint evidence and Bundy imprint evidence on Goldman's blue jeans.

194 MR. SCHECK:

Do you recall Dr. Lee's testimony with respect to this board?

195 MR. BODZIAK:

Yes, I do.

196 MR. SCHECK:

Do you recall him testifying with respect to certain imprints on Mr. Goldman's jeans that he detected something that he characterized as an accordion effect?

197 MS. CLARK:

Same objection. Beyond the scope.

198 THE COURT:

Sustained.

199 MR. SCHECK:

Well, did you testify on direct examination with respect to how an imprint imprints on these jeans?

200 MS. CLARK:

Objection. Beyond the scope as well.

201 THE COURT:

Overruled.

202 MR. BODZIAK:

Yes, I did.

203 MR. SCHECK:

And would it be important in your evaluation of imprint patterns on the jeans to consider all of Dr. Lee's testimony with respect to how various imprints were formed on the jeans?

204 MS. CLARK:

Objection. This is beyond the scope.

205 THE COURT:

Overruled.

206 MS. CLARK:

Goes to agent--

207 MR. BODZIAK:

Yes.

208 MR. SCHECK:

And you have no recollection of what Dr. Lee said with respect to an accordion effect?

209 MR. BODZIAK:

Not specifically, no. Are you referring to the accordion of a fabric or a shoe? I don't recall--I don't believe what he said.

210 MR. SCHECK:

Does it refresh your recollection that Dr. Lee pointed out certain imprint patterns on the jeans that he characterized as an accordion effect that occurs when the jeans are folded and bunched together?

211 MS. CLARK:

Objection. Irrelevant.

212 MR. SCHECK:

Does that refresh your recollection?

213 MS. CLARK:

Objection.

214 THE COURT:

Overruled.

215 MR. BODZIAK:

I'm familiar with that phenomena.

216 MR. SCHECK:

You're familiar with that phenomena?

217 MR. BODZIAK:

Yes.

218 MR. SCHECK:

But you don't recall Dr. Lee's testimony with respect to identifying various imprints on the jeans?

219 MR. BODZIAK:

In general, I just can't remember his exact quote.

220 MR. SCHECK:

Okay. Now, we've discussed before and without going into specifics of it, it's your understanding that--withdrawn. Would you agree that the pictures taken of the blue jeans here are when the blue jeans are flat and they are two-dimensional representations?

221 MR. BODZIAK:

Yes.

222 MR. SCHECK:

And would you agree that nobody except perhaps a very peculiar thin individual would, when wearing jeans, have those jeans flat?

223 MR. BODZIAK:

That's correct.

224 MR. SCHECK:

That it's a very important factor in considering how imprints were made on these jeans to recognize that there had to be a leg inside the jeans that would affect imprints made upon it?

225 MR. BODZIAK:

That's correct.

226 MR. SCHECK:

And as I recall your direct testimony, you recognized the significance of this when you were talking about your arm and slapping your arm to indicate how imprints might be made on your arm?

227 MR. BODZIAK:

I believe I had a heel over my arm and I was showing how hard it would be because of the cloth conforming to the shoe so readily with hardly any pressure to make an imprint of just the interior of the heel over and over with no perimeter of the shoe showing.

228 MR. SCHECK:

So you would agree that the fact that the jeans are on the leg and the receiving surface is three-dimensional would have an effect on how imprints are made on the jeans by another object that comes into contact with it?

229 MR. BODZIAK:

Can have a minor bearing on it, yes.

230 MR. SCHECK:

Minor?

231 MR. BODZIAK:

Yes. Minor.

232 MR. SCHECK:

Well, if the jeans are folded and bunched and there is contact from a flat surface with ridges and that surface has blood on it, could that not affect folds in the bunches, the kind of imprint one sees on the jeans?

233 MS. CLARK:

Objection. Improper hypothetical, irrelevant.

234 THE COURT:

Overruled.

235 MR. BODZIAK:

I can only speak with regard to the shoes and shoes, if the material is bunched like you're suggesting and the shoe comes down on top of it and compresses on it with pressure leaving a shoeprint on it in blood when it's bunched, then when it's flattened out, it will separate and those lines--there will be evidence of that, evidence that you can recognize as a person that's experienced that, made test impressions that way and recognizes what you're looking at.

236 MR. SCHECK:

Well, do you recall Dr. Lee testifying with respect to how these imprints were made on the jeans, that he considered the fact that it was three-dimensional and the jeans would be folded and bunched was a significant factor in evaluating these imprints?

237 MR. BODZIAK:

Yes. But I don't understand how he could have known exactly what the scenario was since he wasn't there. You could have that scenario and many others and you have many areas on the jeans and I would--they would not be the same.

238 MR. SCHECK:

Do you recall him testifying to any particular scenario as opposed to simply testifying that when a leg is inside the jeans and the jeans become folded and bunched, that's going to affect the way imprints look?

239 MR. BODZIAK:

Which type of imprint? Again, are we talking of shoeprints or--or fabric imprints?

240 MR. SCHECK:

Well, Dr. Lee testified about imprints made in blood whether from shoes or other objects, didn't he?

241 MR. BODZIAK:

Well, there's a distinction between them though. That's the whole point, is that shoeprints are not like fabric impressions and the dynamics of what you're hypothesizing here is different for shoes as it is for fabric because one's a soft material and the other is a very rigid material.

242 MR. SCHECK:

Well, let me ask you this. As I understand the way you have been testifying, you're telling us that you're not an expert in the way imprints are made by fabrics.

243 MR. BODZIAK:

That's correct.

244 MR. SCHECK:

You're only an expert you say on the way imprints are made by shoes?

245 MR. BODZIAK:

That's correct.

246 MR. SCHECK:

Well, in your last answer, you were just telling us about what imprints one could expect from fabrics as opposed to what imprints could be expected from shoes.

247 MR. BODZIAK:

I have made fabric impressions and it's mostly common sense.

248 MR. SCHECK:

So in other words, you're saying that you don't need any particular expertise about how imprints are made by fabrics; you can do it from common sense?

249 MR. BODZIAK:

What I'm saying is, you don't need any particular expertise to know that the scenario you're giving is one of many, many, many that could have occurred and that you would see evidence of that and that they would not--you have impressions on many different areas of the jeans which were made at different points. You're suggestions they were all made exactly alike with this compressed fabric. It simply doesn't happen that way, Mr. Scheck.

250 MR. SCHECK:

Did I say that all of them were made exactly alike with some compressed fabric now? Did I say that?

251 MR. BODZIAK:

That was the inference I understood, yeah.

252 MR. SCHECK:

I understand that's the inference. I'm only asking you, is that what I said?

253 MR. BODZIAK:

Not specifically, no.

254 MR. SCHECK:

And isn't it important, agent Bodziak, to carefully review what another expert says if you are going to come into court and criticize exactly what that expert says?

255 MS. CLARK:

Objection. Argumentative.

256 THE COURT:

Sustained. Sustained.

257 MR. SCHECK:

Do you think it would help to read a transcript--

258 THE COURT:

Excuse me, counsel. Counsel?

259 MS. CLARK:

Objection. Argumentative.

260 MR. SCHECK:

Now, you have stated--and I would ask you to come down and look with respect to imprint no. 2 over here.

261 (Brief pause.)
262 MR. SCHECK:

Do you recall on direct examination that your attention was directed to the area of the parallel line imprint on imprint no. 2 on board 1339?

263 MR. BODZIAK:

Yes.

264 MR. SCHECK:

And this is in fact I think where you had--had a discussion about your arm.

265 MR. BODZIAK:

Yes.

266 MR. SCHECK:

And your direction was drawn to what I'm indicating here within the larger red line, a curved imprint (Indicating)?

267 MR. BODZIAK:

That's correct.

268 MR. SCHECK:

Now, you have indicated that you believe that that is consistent in your opinion with an elbow from fabric as opposed to a heel from a shoe.

269 MR. BODZIAK:

That's not what I said, Mr. Scheck.

270 MR. SCHECK:

Okay.

271 MR. BODZIAK:

The--I had a discussion with Mr. Deedrick where he suggested could that possibly be an elbow, and that was something for him to pursue, not for me to base on my experience.

272 MR. SCHECK:

Okay. So you're not going to venture an opinion about whether it could come from an elbow?

273 MR. BODZIAK:

No. My opinion is that it's not a shoe impression.

274 MR. SCHECK:

Right. And you don't want to say anything about a elbow because you don't feel qualified to state that?

275 MR. BODZIAK:

That's correct.

276 MR. SCHECK:

Okay. Now, did you not say that looking within these impressions--and I'm now directing your attention to imprint no. 2--the lines that are parallel do not always run parallel to one another?

277 MR. BODZIAK:

That's correct.

278 MR. SCHECK:

And could you tell us which ones in particular you're pointing to?

279 MR. BODZIAK:

Sure. May I get the pointer?

280 (Brief pause.)
281 MR. BODZIAK:

Okay. Well, there's many lines in this--in this area and there's two right here (Indicating), which are a little bit offset of what appears might be a continuation, but they're actually two that go in this direction and then the two that are--well, these two on this side are about like that and these are just slightly turned. These down here are angled up a little bit or in contrast to those. Maybe I can get the other pointer. If I put this over one of these lines and this one over this line, you can see that they're not perfectly parallel (Indicating).

282 MR. SCHECK:

Okay. Just hold it right there for a second if you may. Okay. Just so we're very clear on what you're saying--

283 MR. BODZIAK:

All right.

284 MR. SCHECK:

--is that you're referring to within that heel impression, you see two parallel lines?

285 MR. BODZIAK:

I don't see a heel impression.

286 MS. CLARK:

Objection.

287 MR. SCHECK:

Withdrawn. Let me state it differently. Within this curved impression that you would agree is about three inches?

288 MR. BODZIAK:

There's no scale on this photograph.

289 MR. SCHECK:

Well, you did a blow up.

290 MR. BODZIAK:

Would be approximately.

291 MR. SCHECK:

Approximately three inches. In the top pointer, you're indicating that there are two parallel lines that are in the direction you've indicated here; is that right?

292 MR. BODZIAK:

Yes.

293 MR. SCHECK:

And now you're pointing to three other parallel lines below and to the right at the bottom of the picture, correct (Indicating)?

294 MR. BODZIAK:

Well, there's more than three. It's hard to count because they're--but you can see--again, we're running with the fabric.

295 MR. SCHECK:

Uh-huh.

296 MR. BODZIAK:

And you're getting blood on a garment that's kind of on its own just gathering up within that weave. This is right along the parallel lines of the fabric, and so a lot of these lines, you can't look at them and tell whether they just happened to soak that way or whether they were actually from a contact of something. But there's more than three down here if you're going to count everything that looks like a parallel line (Indicating).

297 MR. SCHECK:

Okay. There's a series below to the right and then there's the two that you've indicated that are directly touching the curved line?

298 MR. BODZIAK:

Well, there's two here which appear to be different from two more. This I wouldn't count as really anything because it's all run together, and then there's several down here which, again, they kind of deteriorate into just being blood which is in the weave of the fabric (Indicating). So it's very unreliable to say what all of these are.

299 MR. SCHECK:

Well, when you on direct examination said looking within these impressions, the lines that are parallel do not always run parallel to one another, you were referring to the two sets of lines you've just indicated?

300 MR. BODZIAK:

Well, I was referring to the most obvious, the ones up here, the two and two and the ones down here (Indicating). You've got some that go outside of this perimeter as well.

301 MR. SCHECK:

I'm only asking to the ones you referred to on direct examination.

302 MR. BODZIAK:

Yes.

303 MR. SCHECK:

And the part of the testimony I just quoted, those are the ones you just indicated to the jury?

304 MR. BODZIAK:

Well, I don't think I pointed every one out, but all of these lines have inconsistencies in the angulation.

305 MR. SCHECK:

Right. And it's your testimony that the bunching or folding of the jeans could not have created the difference in the way those lines are pointed?

306 MR. BODZIAK:

I can answer that question, but, again, I want to premise it with, I'm not a fabric examiner. But I--

307 MS. CLARK:

Objection. Beyond the scope of his expertise.

308 THE COURT:

Overruled.

309 MR. BODZIAK:

It would be more than likely that the inconsistencies of the direction of these lines would be of the inconsistency of Ron Goldman's shirt than it would be of jeans which would be more like taut over the leg of him, be tighter.

310 MR. SCHECK:

Now, these--so the answer to my question is no, it couldn't be from the folding of the jeans. That's what you're saying?

311 MR. BODZIAK:

I wouldn't begin to tell you exactly what happened at this crime scene. That's part of the whole point, is that you can look at physical evidence and sometimes you can determine things and sometimes you're limited. And I don't think that you can say every one of these lines that runs along the weave of the jeans is a parallel line caused in an imprint fashion with the ones that you can see are not from a shoe.

KEY QUOTE
312 MR. SCHECK:

Have you not seen parallel line imprints on the jeans that are against the grain of the fabric?

313 MR. BODZIAK:

Yes.

314 MR. SCHECK:

And do you recall Dr. Lee's testimony that he believed that the parallel line imprints that ran with some of them and some of them that ran against the grain were made by a flat thin surface coming into contact with the jeans? Do you recall him saying that?

315 MR. BODZIAK:

I don't recall him saying precisely that.

316 MR. SCHECK:

Now, you're saying that you don't have expertise in the area of fabric impressions?

317 MR. BODZIAK:

In terms of comparison, yes.

318 MR. SCHECK:

But you do concede I take it that there are a series of parallel line imprints on the jeans, some of them running with the grain and some of them running against the grain?

319 MR. BODZIAK:

Yes, there are.

320 MR. SCHECK:

And if the hypothesis that you just put forward, that these imprints were caused by Mr. Goldman's shirt coming into contact with the jeans, would you not agree that that would require his arm or the shirt coming into contact in a series of imprints with the jeans to cause those lines?

321 MR. BODZIAK:

Well, there's a series of--

322 MS. CLARK:

Objection. This is beyond the scope of his expertise.

323 THE COURT:

Sustained.

324 MR. SCHECK:

Do you believe--agent Bodziak, you said I believe that you do not regard yourself as an expert in bloodstain interpretation?

325 MS. CLARK:

Objection. Asked and answered.

326 THE COURT:

Overruled.

327 MR. BODZIAK:

That's true.

328 MR. SCHECK:

And the bloodstain interpretation at crime scenes would include an evaluation of imprints on garments or fabrics such as blue jeans?

329 MS. CLARK:

Objection. Speculation, irrelevant.

330 THE COURT:

Overruled.

331 MR. BODZIAK:

My interpretation of bloodstain analysis is blood pattern or blood spatter, that it would be limited to the passing of the blood through the air and landing on a surface and the physics of what happened to that blood. In other words, you would look at a drop of blood, and if it was totally circular, you could determine it was approximately 90 degrees to the surface, and if it was at an angle, the elliptical nature of it would enable you to measure really science of physics or the approximate angle in that you could use this in part to reconstruct, but more importantly to corroborate or discorroborate statements that might be made by witnesses. As far as when it gets into shoe impressions or fabric impressions of blood, I don't believe that's within the area of blood spatter analysis.

332 MR. SCHECK:

Well, do you think that it's within the scope of bloodstain interpretation at crime scenes that analysts will investigate how various different kinds of imprints are made by objects on different receiving surfaces?

333 MS. CLARK:

Objection. Asked and answered.

334 THE COURT:

Sustained. Let me see counsel without the court reporter, please.

335 (A conference was held at the bench, not reported.)
336 (The following proceedings were held in open court:)
337 THE COURT:

Mrs. Robertson, would you call the clerk over at San Bernardino for Miss Moxham, tell them she cannot report to jury duty. In a week maybe. You may find this amusing, Miss Clark, but I also got mine today too.

338 MS. CLARK:

What did you do?

339 THE COURT:

I told them next week. Something I wouldn't wish on anybody. Mr. Scheck.

KEY QUOTE
340 MR. SCHECK:

I think we've concluded this area. Thank you, your Honor.

341 THE COURT:

All right.

342 MR. SCHECK:

My last series of questions, agent Bodziak, have to do with the extent you're familiar with Dr. Lee's testimony and whether you feel--what parts you feel qualified to comment on and which time, okay?

343 MR. BODZIAK:

Okay.

344 MR. SCHECK:

Did you hear Dr. Lee's testimony about the multiple contacts of bloodstains on the fence and closed-in area that were indicative of a struggle?

345 MS. CLARK:

Objection. Beyond the scope.

346 THE COURT:

Overruled.

347 MR. BODZIAK:

Some of it.

348 MR. SCHECK:

Do you feel qualified to comment on any of that?

349 MR. BODZIAK:

No, I don't.

350 MS. CLARK:

Objection. Beyond the scope.

351 MR. SCHECK:

Just finishing up, trying to get through this.

352 THE COURT:

Proceed.

353 MR. SCHECK:

Now, you heard Dr. Lee's testimony with respect to Ron Goldman's shoes. It was a board that contained Ron Goldman's shoes, keys, a pager, buttons missing, a beeper and disturbance of soil, all that were directed towards his testimony concerning struggle. Do you recall that?

354 MS. CLARK:

Objection. Beyond the scope.

355 THE COURT:

Overruled.

356 MR. BODZIAK:

Yes, I do.

357 MR. SCHECK:

Any of that testimony that you feel that you are qualified to comment on?

358 MS. CLARK:

Objection. Irrelevant.

359 THE COURT:

Sustained. If you want to narrow it down to footprint.

360 MR. SCHECK:

Well, I'm trying to see what he--

361 MR. SCHECK:

Did you examine Ron Goldman's shoes?

362 MR. BODZIAK:

Yes, I did.

363 MR. SCHECK:

Did you see a cut on the toe of one of Ron Goldman's shoes?

364 MR. BODZIAK:

I examined the shoes for the sole pattern and the foxing strip around the side of it, not anything else. So I didn't see any other features on the shoes.

365 MR. SCHECK:

So in other words, you're telling us you did not see that area that Dr. Lee identified as a fresh cut that would have come from a sharp instrument when the shoe was in the air?

366 MR. BODZIAK:

I--

367 MS. CLARK:

Objection. That misstates the testimony.

368 THE COURT:

Sustained.

369 MR. SCHECK:

Did you see Dr. Lee's testimony with regard to the cut which he characterized as fresh from a sharp instrument?

370 MR. BODZIAK:

On the shoe?

371 MR. SCHECK:

Yeah.

372 MR. BODZIAK:

Yes. But that's not what I examined.

373 MR. SCHECK:

And you never saw that on the shoe?

374 MR. BODZIAK:

I never examined the shoe--that part of the shoe for that type of evidence.

375 MR. SCHECK:

To your knowledge, did anyone?

376 MR. BODZIAK:

I would have no idea of who examined the shoe beside myself and for what reasons.

377 MR. SCHECK:

Now, in this part of Dr. Lee's testimony, there was reference to soil being disturbed in the closed-in area. Do you recall that?

378 MR. BODZIAK:

Again, my interest in his testimony was concentrated on the shoes. I saw a little bit of the others. I don't remember that discussion.

379 MR. SCHECK:

Well, would not impressions made in soil be relevant in terms of your expertise with respect to footwear?

380 MR. BODZIAK:

If he stated shoe impressions, that's a lot different than disturbance of soil.

381 MR. SCHECK:

Well, do you know what he said?

382 MR. BODZIAK:

To my knowledge, he did not testify to anything about shoe impressions in soil.

383 MR. SCHECK:

Can shoe impressions be taken from soil?

384 MR. BODZIAK:

You mean can they be made in soil?

385 MR. SCHECK:

Yeah.

386 MR. BODZIAK:

If the soil conditions are right, yes.

387 MR. SCHECK:

Now, do you recall Dr. Lee's testimony about the envelope in different positions?

388 MR. BODZIAK:

I think that's what we discussed the other day, yes.

389 MR. SCHECK:

All right. You saw that?

390 MR. BODZIAK:

Part of it, yes.

391 MR. SCHECK:

Did you see his testimony about the--with respect to the envelope again about the missing lens from the glass and blood material on the eyeglass frame?

392 MS. CLARK:

Objection. This is beyond the scope, irrelevant.

393 THE COURT:

Sustained.

394 MR. SCHECK:

Did you see Dr. Lee's testimony with respect to bloodstains found in the foyer of the Rockingham home and his examination of the carpet?

395 MS. CLARK:

Objection. Beyond the scope, your Honor.

396 THE COURT:

Sustained.

397 MR. SCHECK:

Did you see Dr. Lee's testimony with respect to what transfers on the sock--

398 MS. CLARK:

Objection, your Honor. Beyond the scope.

399 THE COURT:

Sustained. Sustained.

400 MR. SCHECK:

Well, is socks an area of your expertise?

401 MR. BODZIAK:

With regard to what examination?

402 MR. SCHECK:

Blood.

403 MS. CLARK:

Objection. Vague.

404 THE COURT:

Sustained. This goes way beyond the scope, counsel.

405 MR. SCHECK:

Well, are you confident that you actually saw 95 percent of Dr. Lee's testimony?

406 MR. BODZIAK:

With regard to the--

407 MS. CLARK:

Objection. Asked and answered.

408 THE COURT:

Overruled.

409 MR. BODZIAK:

With regard to the shoe impression evidence, yes.

410 MR. SCHECK:

Oh. So if I understand your testimony now, what you're saying is that you saw 95 percent of Dr. Lee's testimony with respect to shoe impressions, but not necessarily with respect to all of what he testified to?

411 MR. BODZIAK:

On the east coast, the coverage of his testimony was limited to part of his testimony. There was time when they cut it off, and all during the testimony, they would go to breaks and commercials about every 10 minutes, which would mean any time there would be a segment of that, I wouldn't see it, I had no way of seeing it. So that's why I sometimes remember things and sometimes don't, and I have no control over that.

KEY QUOTE
412 MR. SCHECK:

I hate to make this my last question. Do you have Court TV?

KEY QUOTE
413 MR. BODZIAK:

No.

414 MR. SCHECK:

No further questions.

Temperature

tense

Key Quotes (5)

William Bodziak
If this particular impression was an impression made on June 13th in blood, it would only get lighter.
Bodziak firmly contradicts any theory that the parallel line imprint on tile 10 could have been a pre-existing impression that darkened over 13 days, directly countering defense implications about the walkway evidence.
William Bodziak
On the east coast, the coverage of his testimony was limited to part of his testimony. There was time when they cut it off, and all during the testimony, they would go to breaks and commercials about every 10 minutes.
Undermines Bodziak's earlier claim to have seen 95 percent of Lee's testimony — he was watching it on broadcast TV, not Court TV, and missed large segments.
Barry Scheck
I hate to make this my last question. Do you have Court TV?
The rhetorical killshot ending the cross — Bodziak answers 'No,' confirming he had no reliable way to watch the full Lee testimony he was brought in to rebut.
Lance A. Ito
I told them next week. Something I wouldn't wish on anybody.
Ito reveals he also received a jury summons, producing a rare moment of levity mid-trial.
William Bodziak
I wouldn't begin to tell you exactly what happened at this crime scene. That's part of the whole point, is that you can look at physical evidence and sometimes you can determine things and sometimes you're limited.
A moment of candor that Scheck leverages to highlight the boundaries of Bodziak's certainty despite his confident prior testimony.

Evidence (6)

People's 1337 / 1337-A / 1337-B
Walkway photographs from 6-25-94 and blow-ups of parallel line imprint pattern labeled 'PLP SP' by Dr. Lee on tile 10
Discussed extensively; Bodziak agrees the imprint is 'more than likely a shoeprint' but denies it was present on June 12th
People's 1339
Board depicting imprint evidence on Ron Goldman's blue jeans, including parallel line imprints
Discussed; Bodziak uses pointers to show non-parallel line directions within the curved impression area
People's 598
Crime scene photographs, including blow-ups labeled A, B, C, J, K prepared by Bodziak from original negatives in August
Discussed; Scheck establishes these were higher quality than photos previously provided, and were created in anticipation of rebutting Lee's testimony
Informal
Parallel line imprints on envelope, piece of paper, and Ron Goldman's jeans identified by Dr. Lee as present on June 12th
Bodziak concedes all were present on June 12th/13th
Informal
Ron Goldman's shoes, including a cut on the toe characterized by Dr. Lee as fresh from a sharp instrument
Bodziak acknowledges he examined the shoes only for sole pattern and foxing strip, never examined the cut area
Informal
Contact sheets created by Bodziak from crime scene negatives sent to him in August
Discussed; Scheck establishes defense had repeatedly requested these contact sheets but never received them

Notable Exchanges (4)

Barry ScheckWilliam Bodziak
Scheck methodically dismantles Bodziak's '95 percent' claim about watching Lee's testimony, getting him to admit it was actually 95 percent of the shoe impression portions only, and that he watched it on East Coast broadcast TV with frequent commercial breaks.
strategic
Barry ScheckWilliam Bodziak
Extended exchange over the accordion effect on Goldman's jeans — Bodziak admits he's not a fabric examiner and cannot rule out that bunching/folding affected the imprint appearance, while resisting Scheck's framing that he contradicted himself by opining on fabrics.
revealing
Barry ScheckWilliam Bodziak
Scheck catches Bodziak in a subtle contradiction: Bodziak claimed he's not an expert in fabric impressions, then offered an opinion that Goldman's shirt (not folded jeans) caused the inconsistent line angles — without apparent expertise to support that inference.
strategic
Lance A. ItoMarcia Clark
After a bench conference, Ito reveals he received a jury summons himself, asking his clerk to request a one-week postponement. Clark asks what he did; he quips it's 'something I wouldn't wish on anybody.'
light

Light Moments (3)

Lance A. Ito
Scheck says he hopes to 'hopefully conclude' his cross; Ito responds simply: 'Amen.'
Lance A. Ito
Ito reveals to the courtroom that he also received a jury summons and pushed it to 'next week,' calling it 'something I wouldn't wish on anybody.'
Barry Scheck
Scheck closes the entire cross-examination with: 'I hate to make this my last question. Do you have Court TV?' Bodziak answers simply: 'No.' No further questions.

Credibility Attacks (4)

⚔ William Bodziak
Scope limitation / expertise boundary
Scheck repeatedly establishes that Bodziak is not a serologist, not a bloodstain pattern analyst, not a fabric impression expert — then catches him opining in all three areas anyway (e.g., blood degradation over 13 days, fabric accordion effect, Goldman's shirt causing line inconsistencies).
⚔ William Bodziak
Prior inconsistent statement / mischaracterization of prior testimony
Scheck quotes Bodziak's own prior testimony verbatim to get him to confirm he said that dark splotchy areas on the walkway cannot exclude other footwear impressions — a concession Bodziak had been downplaying.
⚔ William Bodziak
Foundation attack on familiarity with opposing expert
Bodziak claimed to have seen 95 percent of Dr. Lee's testimony; Scheck exposes that this was only the shoe impression portions, watched on regular broadcast TV with commercial interruptions, from the East Coast — raising questions about whether Bodziak was adequately prepared to rebut Lee's broader findings.
⚔ William Bodziak
Omission / incomplete examination
Scheck establishes Bodziak examined Goldman's shoes only for sole pattern and foxing, never looking at the cut on the toe that Lee identified as a fresh cut from a sharp instrument — suggesting selective examination in support of the prosecution's theory.

Witness Demeanor

(Brief pause.) — multiple instances during exhibit handling
(A conference was held at the bench, not reported.)
Bodziak volunteers to demonstrate line directions using two pointers simultaneously on board 1339, physically stepping down from the stand

Objections

27 objections (14 sustained, 10 overruled)
Proceeding 7711 • 414 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 SEP 18, 1995 📄 Cross-examination of William B
SEP 18, 1995 KRT DvH TD