Cross-examination of William Blasini (part 2)

📄 Cross-examination of William Blasini (part 2) — Tuesday, September 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\5\CROSS-EXAMINATION-OF-WILLIAM-B.DOC

TRIAL

▲ Day 147 of 167

◀ Sidebar: photograph exhibits Redirect examination of William Blasini ▶

Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, September 5, 1995 • Utterances: 216

Marcia Clark cross-examined Bronco attendant William Blasini Jr. using a board of four crime scene photographs (People's 601-A through D) showing numbered blood stain markers on the Bronco's driver's door panel and center console. Clark methodically forced Blasini to concede, area by area, that while he did not see blood, he could not testify it wasn't there — particularly in areas he never closely examined. Clark then raised questions about Blasini's vision: he wore dark sunglasses the day he was in the Bronco, had undergone radial keratotomy eye surgery seven years prior, and could not confirm whether the fluorescent lights in the parking garage were even on.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

All right. Miss Clark, do you want to mark this?

# 3 MS. CLARK:

Yes, your Honor. Collectively People's 598 and then I will--

# 4 THE COURT:

Hold on a second. Mrs. Robertson?

# 5 THE CLERK:

601.

# 6 THE COURT:

601.

# 7 MS. CLARK:

601? Okay. 601. And then I'll describe the photographs and label them A, B, C, D.

# 8 (Peo's 601 for id = board of photographs)

# 9 (Peo's 601-A, B, c and d for id = photos)

# 10 THE COURT:

Thank you.

# 11 MS. CLARK:

Thank you.

# 12 THE COURT:

All right. Do you want Mr. Blasini to step down?

# 13 MS. CLARK:

Yes, thank you, your Honor.

# 14 THE COURT:

Mr. Blasini, why don't you grab the pointer and step down.

# 15 (The witness complies.)

# 16 MS. CLARK:

The first photograph, the label is A, shows the driver's panel with the numbers 21, 22 and 23. First, I'm going to show it to you, sir, and ask you if you were looking for little smears of blood like those marked in the markers 21, 22 and 23.

# 17 MR. COCHRAN:

I object to the form of that question, your Honor.

# 18 THE COURT:

Sustained. Rephrase the question.

# 19 MS. CLARK:

Do you see the red substance near 22, the number 22?

# 20 MR. BLASINI:

Yes, I do.

# 21 MS. CLARK:

Okay. And you see the red substance near 21?

# 22 MR. BLASINI:

Yes, I do.

# 23 MS. CLARK:

Do you see the red substance near 23?

# 24 MR. BLASINI:

Yes, I do.

# 25 MS. CLARK:

Now, if you were told, sir, that this photograph was taken on June the 14th, a week prior to your getting into the Bronco, would it change your opinion or your testimony any that you did not see any blood on the driver's door?

# 26 MR. COCHRAN:

Object to the form of that question, your Honor.

# 27 THE COURT:

Overruled.

# 28 MR. COCHRAN:

Assumes a fact not in evidence.

# 29 THE COURT:

Overruled.

# 30 MR. BLASINI:

Well, the day that I seen the Bronco?

# 31 MS. CLARK:

Yes.

# 32 MR. BLASINI:

There was no blood.

# 33 MS. CLARK:

You saw no blood in any of these areas. Is that your testimony, sir?

# 34 MR. BLASINI:

Can I just put this up?

# 35 MS. CLARK:

Sure.

# 36 MR. BLASINI:

I can tell you that I didn't see any blood here, I didn't see any blood here. This might be possible (Indicating).

# 37 MS. CLARK:

All right.

# 38 MR. BLASINI:

But I didn't see anything here (Indicating).

# 39 THE COURT:

Wait. Wait.

# 40 MS. CLARK:

For the record, I'm going to describe what the witness just said--

# 41 THE COURT:

Excuse me, counsel.

# 42 MS. CLARK:

I'm sorry?

# 43 THE COURT:

When I say wait, that means everybody waits.

# 44 MS. CLARK:

I'm sorry. I couldn't hear you.

# 45 THE COURT:

All right. Proceed.

# 46 MS. CLARK:

For the record, the witness indicated here as the area shown by 21 and here, the area shown by 22. In the area of 23 where there is the driver's door handle on the inside, he said that might have been blood there (Indicating). He can't say that.

# 47 MR. COCHRAN:

Your Honor, that misstates it, your Honor.

# 48 THE COURT:

It does.

# 49 MS. CLARK:

Okay. What did you say about the area around 23, sir?

# 50 MR. BLASINI:

It's possible--I didn't see that, that section there. I know that I looked at this. I looked at the whole door, but I didn't see that (Indicating).

KEY QUOTE

# 51 MS. CLARK:

You looked at the whole door, but you did not look in the interior--

# 52 THE COURT:

Excuse me. Mr. Cochran, you're going to have to--you're blocking the jurors there.

# 53 MR. COCHRAN:

Sorry, your Honor.

# 54 MS. CLARK:

You did not look at the interior portion of the door handle at 23?

# 55 MR. COCHRAN:

Your Honor, may I say something? When he says, "I didn't see that," I'm trying to describe it for the record, your Honor.

# 56 THE COURT:

Miss Clark is conducting this examination. It's her record to make. All right.

# 57 MR. COCHRAN:

Well--

# 58 THE COURT:

Miss Clark. I will remind her if she doesn't do something, believe me.

# 59 MS. CLARK:

You can step back, sir. The interior portion where the driver's door handle is, did you look specifically into this area where the number 23 is?

# 60 MR. BLASINI:

No.

# 61 MS. CLARK:

So that we're clear, you are not telling this jury that there was no blood in that area which is marked with the number 23, correct?

# 62 MR. BLASINI:

No, I'm not. I'm not saying that.

# 63 MS. CLARK:

All right. And are you telling this jury you specifically got as close as you could to look carefully at the interior door panel at areas 21 and 22?

# 64 MR. BLASINI:

Yes, I am.

# 65 MS. CLARK:

How close did you get, sir?

# 66 MR. BLASINI:

About as close as I am to you.

# 67 MS. CLARK:

You sat, you looked that closely while you were in the car?

# 68 MR. BLASINI:

Yes, ma'am.

# 69 THE COURT:

Indicating about 18 inches to two feet.

# 70 MS. CLARK:

All right. Sir, now I'm going to show you another photograph of that area which has a date of September 1st, 1994 on it. I'm going to ask you to look at this photograph. Do you see the numbers 298?

# 71 MR. BLASINI:

Yes, I do.

# 72 MS. CLARK:

Do you see what appears to be a red area there?

# 73 MR. BLASINI:

Yes, I do.

# 74 MS. CLARK:

Do you see the number 296?

# 75 MR. BLASINI:

Yes, I do.

# 76 MS. CLARK:

Do you see a red area down below that?

# 77 MR. BLASINI:

Yes, ma'am.

# 78 MS. CLARK:

Do you see the number 297?

# 79 MR. BLASINI:

Yes, I do.

# 80 MS. CLARK:

Can you see a red area around 297?

# 81 MR. BLASINI:

I see a smudge. I don't see a red area.

# 82 MS. CLARK:

And what color smudge does that appear to be?

# 83 MR. BLASINI:

It could be brown, it could be black. It's a dark color.

# 84 MS. CLARK:

Your Honor, I'm going to put post-it's on for the lettering labels of these photographs. The first one was A. This one that we have been describing with the numbers 298, 299, 296, 297 as B.

# 85 THE COURT:

Thank you.

# 86 MS. CLARK:

And if you were told, sir, that this photograph was taken on September 4th, 1994 which was after you were in the Bronco, would that change your opinion any as to whether or not there were other areas of blood in that--on that door that you just didn't see while you were in the car?

# 87 MR. COCHRAN:

Object to the form of that question, your Honor.

# 88 THE COURT:

Overruled.

# 89 MR. BLASINI:

No, it wouldn't change my opinion.

# 90 THE COURT REPORTER:

I'm sorry?

# 91 MR. BLASINI:

No, it wouldn't change my opinion.

# 92 MS. CLARK:

I have a third photograph I would ask be marked C, your Honor, with the numbers 31 and 30. Showing it to the witness now.

# 93 MS. CLARK:

Does this appear to be the console area of the Bronco, sir?

# 94 MR. BLASINI:

Yes, ma'am.

# 95 MS. CLARK:

And do you see areas where there are red smudges on that side, on the passenger side of that console?

# 96 MR. BLASINI:

I sure do.

# 97 MS. CLARK:

Do you see it by the numbers there?

# 98 MR. BLASINI:

Yes, ma'am.

# 99 MS. CLARK:

At the time you were in the Bronco on June the 21st, there were no numbers marking any spots; is that correct?

# 100 MR. BLASINI:

No, ma'am. Correct.

# 101 MS. CLARK:

Now, are you telling us--when you sat on the passenger seat, sir, your leg would have been right up against the area marked by 30; isn't that correct?

# 102 MR. BLASINI:

Correct.

# 103 MS. CLARK:

And the area marked by 31, which appears to be to the rear of the console area, would have been blocked by your side; isn't that correct?

# 104 MR. COCHRAN:

Object to the form of that question, your Honor.

# 105 THE COURT:

Overruled.

# 106 MR. BLASINI:

If I was sitting on the seat, yes. Correct.

# 107 MS. CLARK:

So during the time you were sitting on the passenger side of the Bronco, you would not have been able to see these red areas; isn't that correct?

# 108 MR. BLASINI:

I would have been able to see this right here (Indicating) and--

# 109 MS. CLARK:

Excuse me?

# 110 MR. BLASINI:

I would have been able to see right on the top of the console--

# 111 MS. CLARK:

Okay. For the record--

# 112 MR. BLASINI:

--and right on the side.

# 113 MS. CLARK:

For the record, the witness is pointing to the top of the console where there is no marking for any red stain.

# 114 MS. CLARK:

And you're indicating where else could you have seen while you were sitting in the seat?

# 115 MR. BLASINI:

Right where the number is.

# 116 MS. CLARK:

You would have been able to see that number?

# 117 MR. BLASINI:

Correct, ma'am.

# 118 MS. CLARK:

Is it your testimony you would also have been able to see the red stain left of that number?

# 119 MR. BLASINI:

From sitting down in the car, no, but that's not when I saw the mark.

# 120 MS. CLARK:

Okay. And your testimony is, sir--I'm going to put it up.

# 121 MR. BLASINI:

I saw part of it.

# 122 MS. CLARK:

--that you saw that--you specifically looked at that part of the console; is that right?

# 123 MR. BLASINI:

When I first entered the vehicle before I sat in the vehicle, I put my elbows on the seat to look inside and I directly looked at the console, straight at the console. That's what I looked at.

# 124 MS. CLARK:

You specifically looked at the console?

# 125 MR. BLASINI:

Well, a Bronco sits a little higher--

# 126 MS. CLARK:

Uh-huh.

# 127 MR. BLASINI:

--than a regular car does. So when you enter the car, the seat's higher. So when you look in, you automatically see the console, you see the top of the seat almost parallel with the console.

# 128 MS. CLARK:

And then did you put your elbows down on the passenger seat and stare at the console? Is that what you?

# 129 MR. BLASINI:

I can't remember if I put my elbows or put my hands, but I know that I looked in first before I entered the vehicle.

# 130 MS. CLARK:

Okay. And you looked specifically at the area shown in 30?

# 131 MR. BLASINI:

I looked straight ahead, right.

# 132 MS. CLARK:

Did you look at the area shown in 31?

# 133 MR. BLASINI:

No, I didn't. Not at that point.

# 134 MS. CLARK:

All right. I'm asking that this be labeled as C, your Honor.

# 135 MS. CLARK:

Now, you're telling this jury that you did not see the red stain depicted in 31; is that correct?

# 136 MR. BLASINI:

Correct.

# 137 MS. CLARK:

You're not telling the jury it wasn't there?

KEY QUOTE

# 138 MR. BLASINI:

Correct.

# 139 MS. CLARK:

You did not see the red stain marked in 30; is that correct?

# 140 MR. BLASINI:

Correct.

# 141 MS. CLARK:

You're not telling the jury it wasn't there?

KEY QUOTE

# 142 MR. BLASINI:

I didn't see it.

# 143 MS. CLARK:

You're not telling the jury it wasn't there?

KEY QUOTE

# 144 MR. COCHRAN:

Object. Object to the form of that question.

# 145 THE COURT:

Overruled.

# 146 MS. CLARK:

It's nonresponsive.

# 147 MS. CLARK:

Can you answer the question I asked you, sir?

# 148 MR. BLASINI:

Anything is possible, but I didn't see the mark.

# 149 MS. CLARK:

You didn't see it. That's what you're telling us, correct?

# 150 MR. BLASINI:

Correct.

# 151 MS. CLARK:

You cannot tell us it wasn't there?

# 152 MR. COCHRAN:

Object to the form of that question.

# 153 THE COURT:

Overruled.

# 154 MR. BLASINI:

It wasn't there when I looked.

# 155 MS. CLARK:

You are telling us then it wasn't there?

# 156 MR. BLASINI:

When I looked, I didn't see the mark.

KEY QUOTE

# 157 MS. CLARK:

Now, if I told you that that photograph was taken on June the 14th, a week prior to your getting into the Bronco, sir, would that change your opinion any?

# 158 MR. BLASINI:

No, it wouldn't.

# 159 MS. CLARK:

Showing you another photograph now that's been I think previously shown. Now it's got numbers in it, 303, 306. Do you see that?

# 160 MR. BLASINI:

Yes, ma'am.

# 161 MS. CLARK:

Appears to be the console.

# 162 MR. BLASINI:

Yes, ma'am.

# 163 MS. CLARK:

Bottom right-hand corner has the date September 1, `94, correct?

# 164 MR. BLASINI:

Correct.

# 165 MS. CLARK:

Do you see red stains in the area of 303, 306, 304, 305 in this?

# 166 MR. BLASINI:

I sure do.

# 167 MS. CLARK:

And you're telling this jury that you did not see any of those red stains when you were in the Bronco on June the 21st; is that correct?

# 168 MR. BLASINI:

I didn't see 303 and I didn't see 306.

# 169 MS. CLARK:

And you cannot tell the jury that 303, 304 and 305 were not there?

# 170 MR. BLASINI:

Correct.

# 171 MS. CLARK:

You didn't see them?

# 172 MR. BLASINI:

I didn't see them, correct.

# 173 MS. CLARK:

But they could have been there?

# 174 MR. COCHRAN:

Object to the form of the question. Calls for speculation, your Honor.

# 175 THE COURT:

Overruled.

# 176 MR. BLASINI:

Yes, they could have been.

# 177 MS. CLARK:

And I ask that this photograph be labeled D, your Honor.

# 178 THE COURT:

Yes.

# 179 MS. CLARK:

And would it change your testimony any as to 303 and 306, the red stains on that area of the console, if I told you that that photograph was taken on September 1st, 1994, after you were in the Bronco?

# 180 MR. COCHRAN:

Object to the form of the question again, your Honor.

# 181 THE COURT:

Overruled.

# 182 MR. BLASINI:

It wouldn't change my testimony.

# 183 MS. CLARK:

But so we're clear, sir, you're telling this jury what you saw or did not see, not what was or was not there, correct?

# 184 MR. COCHRAN:

Objection. That's argumentative.

# 185 THE COURT:

Sustained.

# 186 MS. CLARK:

May I ask that the jury be allowed to look at this board before I conclude cross-examination or should I conclude first and then--

# 187 THE COURT:

I think the photographs are large enough and I think we've seen these photographs several times before. If there's anybody on the jury panel who says they want to get up and look at the photographs, raise your hand. Anybody? I think they've already seen these photographs. Thank you.

# 188 MS. CLARK:

All right. Can Mr. Blasini take his seat?

# 189 (The witness complies.)

# 190 MS. CLARK:

Now, Mr. Blasini, when you opened the car door, no interior light came on in that Bronco, did it?

# 191 MR. BLASINI:

Not that I can remember.

# 192 MS. CLARK:

And the glasses that you're wearing today, are those prescription?

# 193 MR. BLASINI:

No, they're not.

# 194 MS. CLARK:

Did you wear those glasses back on June 21st, 1994?

# 195 MR. BLASINI:

No. I had regular sunglasses, dark sunglasses.

# 196 MS. CLARK:

And you wore those while you were inside the Bronco?

# 197 MR. BLASINI:

No, I didn't.

# 198 MS. CLARK:

When did you take them off?

# 199 MR. BLASINI:

When I entered the building.

# 200 MS. CLARK:

And you're wearing tinted glasses today in court, aren't you?

# 201 MR. BLASINI:

Yes, I am.

# 202 MS. CLARK:

Why is that?

# 203 MR. BLASINI:

I had radial keratotomy about seven years ago, and I get a glare from lights, certain lights, fluorescent lights, sunlight. So I wear the tinted glasses.

KEY QUOTE

# 204 MS. CLARK:

And that happened and that's since seven years ago, sir?

# 205 MR. BLASINI:

About seven years ago, yes.

# 206 (Discussion held off the record between the Deputy District Attorneys.)

# 207 MS. CLARK:

Isn't it true, sir, that the area of the T-2 where the Bronco was parked has fluorescent lights?

# 208 MR. BLASINI:

I think so, yes. But they're never on.

# 209 MS. CLARK:

You are testifying to this jury they were not on on June the 21st, 1994?

# 210 MR. BLASINI:

A lot of times during the daytime, they don't have the lights on.

# 211 MS. CLARK:

Are you telling this jury they were not on on June the 21st, 1994?

# 212 MR. COCHRAN:

I object to the form of that question.

# 213 THE COURT:

Overruled.

# 214 MR. BLASINI:

I couldn't tell you. I couldn't remember.

KEY QUOTE

# 215 (Discussion held off the record between the Deputy District Attorneys.)

# 216 MS. CLARK:

I have nothing further.

Temperature

tense

Key Quotes (5)

William Blasini Jr.

It's possible--I didn't see that, that section there. I know that I looked at this. I looked at the whole door, but I didn't see that.

Blasini concedes he did not specifically examine the area around blood marker 23 near the interior door handle, undercutting his earlier claim that he saw no blood on the door.

William Blasini Jr.

When I looked, I didn't see the mark.

Clark's repeated questioning forced Blasini to reframe his testimony from 'it wasn't there' to 'I didn't see it' — a critical distinction for the jury.

Marcia Clark

You're not telling the jury it wasn't there?

Clark's repeated formulation across multiple markers systematically neutralized Blasini's defense-friendly testimony that the Bronco appeared clean.

William Blasini Jr.

I had radial keratotomy about seven years ago, and I get a glare from lights, certain lights, fluorescent lights, sunlight. So I wear the tinted glasses.

Explains why Blasini is wearing tinted glasses in court and raises the inference that his vision was compromised when he examined the Bronco under fluorescent parking garage lights.

William Blasini Jr.

I couldn't tell you. I couldn't remember.

Blasini cannot confirm whether the fluorescent lights in the parking garage were on during his inspection, leaving open the question of whether he could have seen blood stains even if he had looked.

Evidence (5)

People's 601 (board)

Board of four photographs of the Bronco interior showing numbered blood stain markers

introduced and displayed to witness and jury

People's 601-A

Photo of driver's door panel with blood stain markers 21, 22, 23; date June 14, 1994 (one week before Blasini entered the Bronco)

shown to witness; Blasini admits he did not examine area 23

People's 601-B

Photo with markers 296, 297, 298, 299; dated September 1, 1994 (after Blasini's visit)

shown to witness; Blasini describes marker 297 area as a dark smudge

People's 601-C

Photo of Bronco center console area with markers 30 and 31

shown to witness; Clark establishes Blasini's seated position would have blocked view of marker 31

People's 601-D

Photo of console with markers 303, 304, 305, 306; dated September 1, 1994

shown to witness; Blasini concedes he did not see markers 303 or 306 and cannot say they weren't present

Notable Exchanges (3)

Marcia Clark•William Blasini Jr.

Clark walks Blasini through each blood marker photograph and extracts the same concession each time: he did not see blood, but he cannot say it wasn't there. Blasini repeatedly tries to restate 'I didn't see it' but Clark presses him to acknowledge the difference between absence of observation and absence of evidence.

strategic

Marcia Clark•William Blasini Jr.

Clark pivots to Blasini's vision: he wore dark sunglasses on June 21 (removed only when entering the building), has light sensitivity from radial keratotomy surgery, and cannot confirm whether fluorescent lights were on in the parking garage. This closes the loop on why he may have missed blood stains.

revealing

Lance A. Ito•Johnnie Cochran

When Cochran attempts to describe the witness's gestures for the record while Clark is mid-examination, Ito shuts him down: 'Miss Clark is conducting this examination. It's her record to make.'

procedural

Light Moments (2)

Lance A. Ito

Ito asks the jury if anyone wants to stand up and look at the photographs more closely; no hands are raised. 'I think they've already seen these photographs.'

Lance A. Ito

After Clark tries to narrate the record while Ito is speaking, he cuts her off: 'When I say wait, that means everybody waits.'

Credibility Attacks (2)

⚔ William Blasini Jr.

limitations on observation

Clark used photographs taken before and after Blasini's June 21 visit to show blood stains in areas he claimed not to see, then established he never looked at several specific areas at all — particularly the door handle interior (marker 23) and the rear console (marker 31).

⚔ William Blasini Jr.

physical incapacity / impaired vision

Clark elicited that Blasini had undergone radial keratotomy, wears tinted glasses due to light sensitivity, wore dark sunglasses on June 21 (removed only upon entering the building), that no interior car light came on when he opened the door, and that he cannot confirm whether the parking garage fluorescent lights were even on — all undermining his ability to reliably observe blood stains.

Witness Demeanor

(The witness complies.) — steps down and picks up pointer

(The witness complies.) — returns to seat

Objections

10 objections (2 sustained, 8 overruled)

Proceeding 7512 • 216 utterances • Defense witness

Criminal Trial

Department 103