Recross-examination of William Bodziak (part 2)

📄 Recross-examination of William Bodziak (part 2) — Monday, September 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\18\RECROSS-EXAMINATION-OF-WILLIAM.DOC

TRIAL

▲ Day 156 of 167

◀ Redirect examination of William Bodziak (part 2) Redirect examination of William Bodziak (part 3) ▶

Witness: William Bodziak
Examiner: Barry Scheck
Called by: Prosecution • Date: Monday, September 18, 1995 • Utterances: 17

Barry Scheck briefly recrossed FBI shoe print expert William Bodziak, pressing him on whether he received footwear impressions from all police officers present at the crime scene for elimination purposes. Bodziak confirmed he only received photos of shoes — not impressions — and that he was never sent footwear information for the two officers visible in a crime scene videotape, nor for anyone else at the scene between June 12th and June 25th.

# 1 MS. CLARK:

Thank you, sir.

FURTHER RECROSS-EXAMINATION BY MR. SCHECK

# 2 MR. SCHECK:

With respect to those officers you saw in the videotape, in the ordinary course of your work, wouldn't it be the responsibility of the prosecutors to provide you with the footwear impressions of all police officers that were involved in the crime scene?

# 3 MS. CLARK:

Objection. Objection, your Honor.

# 4 THE COURT:

Sustained.

# 5 MR. SCHECK:

Were you--you were sent a whole series of footwear impressions from the Los Angeles Police Department?

# 6 MR. BODZIAK:

No. Pictures of shoes.

# 7 MR. SCHECK:

Pictures of shoes?

# 8 MR. BODZIAK:

Yes.

# 9 MR. SCHECK:

All right. And the purpose of showing you the pictures of those shoes was to provide you with essentially a set of eliminations so that one could distinguish impressions made from people that were processing the crime scene versus other people that might have been there previously?

# 10 MR. BODZIAK:

In this particular case, because of the large quantity of blood, they were sent for elimination to make sure that no one else had that bruno magli design.

KEY QUOTE

# 11 MR. SCHECK:

All right. And you don't--you don't know whether those two officers were ever sent to you?

# 12 MR. BODZIAK:

The ones in the videotape?

# 13 MR. SCHECK:

Yeah.

# 14 MR. BODZIAK:

No. I don't know the names of the individuals in the videotape.

KEY QUOTE

# 15 MR. SCHECK:

And the prosecutors never sent you any other footwear impressions of people that were at that crime scene between June 12th and June 25th?

# 16 MR. BODZIAK:

No, they did not.

# 17 MR. SCHECK:

Thank you.

Temperature

procedural

Key Quotes (3)

William Bodziak

In this particular case, because of the large quantity of blood, they were sent for elimination to make sure that no one else had that bruno magli design.

Bodziak explains the purpose of the shoe photo set — a tacit acknowledgment that the elimination process was incomplete if some officers were never submitted.

William Bodziak

No. I don't know the names of the individuals in the videotape.

Establishes that Bodziak cannot account for officers seen at the scene, undermining the completeness of the elimination process.

William Bodziak

No, they did not.

Confirms prosecutors never sent Bodziak footwear from anyone at the crime scene between June 12–25, leaving a gap Scheck can exploit to suggest unaccounted-for Bruno Magli impressions.

Evidence (2)

Informal

Videotape of officers at the crime scene

discussed — Scheck used it to identify uneliminated officers whose footwear was never submitted to Bodziak

Informal

Photos of shoes from LAPD officers submitted for elimination

discussed — Bodziak clarified he received photos, not impression casts, for elimination purposes

Notable Exchanges (1)

Barry Scheck•William Bodziak

Scheck established that the prosecution never sent Bodziak footwear data for officers visible in a crime scene videotape, nor for anyone at the scene between June 12–25, leaving the elimination record incomplete.

strategic

Credibility Attacks (1)

⚔ Prosecution's investigation

omission / incomplete evidence submission

Scheck elicited that prosecutors failed to submit footwear from all officers present at the crime scene, implying the Bruno Magli elimination process was incomplete and potentially unreliable.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 7716 • 17 utterances • Prosecution witness

Criminal Trial

Department 103