Selected Testimony of Doctor Paul Kirk in
Sam Sheppard's
1966 Murder Trial
BY
MR. BAILEY: A: I am Professor of
Criminalistics, School of
Criminology, University of California, Berkeley. I am also a private
consultant
in matters concerning
both civil and criminal cases. A: I have taught at
the University of California since 1925, in various capacities. I
taught
previously to that as a teaching assistant only at the University of
Pittsburgh
in 1924 and '25. At the University of California I was made instructor
in 1929;
I was an associate prior to that, and teaching assistant. I was
made assistant
professor in 1933. I was made associate professor in 1939. I was made a
full
professor in 1945. This was all in biochemistry. Q:
What does
criminalistics involve, doctor? A: Criminalistics is
the subject that is concerned with physical evidence, that is, the
examination
and identification, individualization, and interpretation of physical
evidence
of all types. Q: Doctor, would you give us a
resume of
your educational background other than that which you just described? A: I first went to
Ohio State University in Columbus for four years; following graduation
from
Randolph Macon Academy, in Macon, Virginia. I took the Bachelor of
Science
degree in chemistry. Q: Now, how long have you been
working as distinguished from teaching, on the
subject of criminalistics, that is, physical evidence? A: The first case I
worked on was in 1935, and I have been doing it ever since then. Of
course, J had to interrupt it for three years
during
the war, from 1942 to '45, because I was on the Manhattan Project at
that time.
That interrupted both teaching and investigative work. Q: When your work at the
Manhattan Project was concluded did you return to
criminalistics, both teaching and actually doing the work? A:
I did, yes. Q:
Have you
been involved in legal cases prior to this one? A. I have been involved in
over two thousand. Q: Civil and criminal? A: Civil and
criminal, prosecution and defense, and plaintiff and defense. I worked
for both
sides, on both civil and criminal matters. Q: Doctor, have you authored any
written material in the various fields in
which you have taught and been educated? A: I have published
about 240 publications of one type or another, which includes four
books. It
includes four encyclopedia articles. Most of it is the reports of
original
research. Q: Doctor, we learned from a
prior witness that the Cleveland Police Department
has a book called Criminal Investigation, by Paul Kirk, in its library;
are you
the author of that book? A:
I am. Q:
Doctor, do
you belong to any- A: Pardon me. It is Crime
Investigation, rather than
Criminal Investigation. Q: I am sorry, Crime
Investigation. When
was that book initially published? A: It was published in 1950.
It is being revised at the
present time to make two volumes. Q: Do you belong to any
professional
organizations or societies? A: I do, yes. I belong to the
American Chemical Society,
of course, since 1923. I am a member of the
American Association for the Advancement of Science; the American
Society of
Biological Chemists; the American Society of Criminology A: I am trying to
think of all of them. Association of Consulting Chemists and Consulting
Engineers. That is one of them. Q: Doctor, other than the
teaching you have done at the University of
Pittsburgh and the University of California in Berkeley, have you
had occasion
to lecture? A: I have lectured all over
the United States, actually. Q: And of the many civil and
criminal cases that you indicate you have been
involved in the past, are these all cases that arose in California? A:
No. As a matter
of fact, they have arisen pretty much allover the world. There have
been two
originated in Okinawa, and I have testified in Okinawa. I
have testified more than once in- MR. SPELLACY: I object. There is
no question before the witness. Q: Tell us the jurisdiction in
which you
have testified? A: Well, I have
testified in New York, New Jersey, Louisiana, Idaho, Washington,
Oregon, California,
Nevada, Arizona, and Okinawa A: The major blood
spatter was in the region of the east wall. My door here is not quite
properly
placed; I would like to change this a little. The wardrobe door is
down past the hall door. I indicate the wardrobe door on the east wall,
and the
hall door, showing the open position, blood spatter, but primarily from
a
region just a little to the north of the edge of the wardrobe door,
through to
the margin of the hall door. Q: If you will just indicate
orally for the moment; it
isn't necessary to draw it in. A:
There was blood spatter
along the south wall, over the
heads of the beds and particularly between the two beds and over the
head of
the one on the east, on which the victim was found. Q: You are able to say definitely
that no
blood spatter appeared on any section of the northeast corner? A: Between the positions
indicated there was no blood
spatter, correct. Q: Can you tell us,
doctor, what you are able to adduce or tell from examining a spatter or
spot of
blood from its shape? A: From its shape you can tell
a great deal· about its
velocity, and its direction as to how it struck. Q: Could you indicate just by
sketching
what a blood spot looks like that has traveled with some velocity and
struck at
other than at a 90-degree angle to the surface on which it was found? A: It looks very
much like a tenpin. Generally, an elongation with a little extra blood
at the
end, very commonly. Q: Have you
conducted experiments yourself where you observed spattered blood on
various
surfaces? A:
Many experiments, yes. Q: Where you see an elongation,
what does
that indicate as to the direction? A: It means that the
blood spot struck at an angle such as I am indicating, because the
first drop
that strikes is stopped at the surface. The top of the drop continues
on and
forms this elongation. Q: Doctor, from your experiments
and experience, can you tell us whether or
not there is a limitation on the size of a
drop of blood that will travel as a unit when thrown or spattered and
strike a
surface, how big? A: You cannot move a drop that
will make a spot larger than about a half
inch, if· it flies for any distance. Q: Now, as to spots which
strike at a relatively sharp angle, that is to
say, approach 90 degrees, or perpendicular to the surface being struck,
can you
tell something about the velocity from the shape of those drops? A:
Yes, I can. Q: Would you first indicate by
drawing a low velocity blood spot? A:
(Witness draws on blackboard.) Q: For the record, you have
indicated
a small circle with regular edges? A: It was intended to be a
circle
with regular edges, at low velocity. Q: As the velocity increases,
what
changes take place in the blood spot? A: You still get the circle
but now you get a series of little thickened
area spatters, stellate spattering out to the sides. Q: Referring your attention back
to the folded entry door
and the wardrobe door, were you able to tell, first of all, the
position of the
entry door in the bedroom at the time the blood was flying in the room?
A:
Yes. A: You can tell it was open
because
the blood was spattered on the side facing the west. It was :not spattered on
the inside. Q:
Was the pattern that appeared on the entry door
continued to any other surface? A:
Yes. Q:
What surface? A:
It continued across the wardrobe door and just a
little beyond the wardrobe door. Q: Was the area behind the
entry door
clear? A: That was free of blood,
yes. Q:
Did you photograph this area, by the way? A:
I did. Q: Is there anything about the
blood spots on the area that we have just
discussed on the east wall that was different than the rest of the
blood
spatter in the room? A:
Yes. Q:
Would you tell us what that was? A: The blood spots on these
walls did not have the consistent pattern as
shown by the other blood spots, and the drop size was a little larger
than any
except close by the area of the actual beating. Q: With respect to the blood
spots in the rest of the room, can you tell us
anything about the velocity of those spots which appeared on the
east wall or
the probable velocity when they hit? A: On the east wall the
velocity was low, and they did not have a large
amount of angularity or of the stellate spatter. This was in some cases
lacking
entirely, and in other cases just a little. But in general they were
traveling
at relatively low velocity. Q: Now, have you ever made
experiments with various kinds of objects which
might be used as weapons in order to test the throwoff pattern
with blood as
the weapon was swung through an arc? A:
I have. Q: And from that do you have
an
opinion as to the limitation in size- A:
Yes. Q: -as to any single drop that
any
weapon, whatever it may be, could throw off? A: I have never been able to
get one
bigger than a half inch. MR.
SPELLACY: Objection.
It is not responsive to
the question. Q:
Just do you have an opinion. A:
Yes, I have an opinion. I am sorry. Q: Did you find any drops on
the east wall which in your opinion were too
large to have come from the throwoff of the weapon? A:
Yes. Q: How many? A: One. Q: Did you make some tests on
that
spot? A: I did. Q:
By the way, had you typed at any time Marilyn
Sheppard's blood yourself or grouped it? A:
Yes. A: I got the sample from the
mattress cover which I removed to California,
from the blood on the mattress cover. Q: And
did you take any other pieces
or clumps of blood from the murder room which turned out to be the same
as the
blood of Marilyn's? A:
Yes, I did. Q:
And where did you take those samples? A:
I took one from the wardrobe door, and one was studied
from the lower panel of the left wardrobe-I beg your pardon-from the
lower
panel of the wardrobe door. Q: And from that door
did you type any blood spots which were not those of Marilyn Sheppard? A:
I found one that I did not believe to be Marilyn
Sheppard's, yes. Q: Are you still of that
opinion? A: I am still of that opinion.
Q: Now, whether or not that
was the same spot that was too large to have
come from the weapon? A:
It was. Q: Now, from your examination
of the entire room, were you able to
reconstruct the arc of the weapon that was swung against the skull of
Marilyn
Sheppard? A:
Yes. Q: And could you also help us
as to where the killer swinging the weapon
was positioned with respect to her bed at the time the blows
were· struck? A:
Yes. Q: Would you show us the area
where
in your opinion the killer was positioned? A: The killer was positioned
at the lower end of the bed on the east side,
the northeast comer of that bed, where he was standing, in the region
which is
delineated by the absence of blood; the head being in a position
something like
I am indicating, slightly to the west side of the bed and down about
half way.
And this, used as a center, would place the person who intercepted all
the
blood flying in one direction, because there was no blood in this
region. This
is the only place in the room he could have stood. Q: Doctor, assuming that a
woman was beaten to death with blows struck on
the skull by some human being with a weapon, what would be the
sources of flying
blood that
would cause the spatter such as you found in Marilyn Sheppard's bedroom
in your
examination? MR.
SPELLACY: Objection.
THE COURT: What is the
assumption predicated on, counselor? MR. BAILEY: The assumption is
predicated on the State's evidence. THE
COURT: Sustained
in its present form. Q: I want you to
assume, doctor, that the body of Marilyn Sheppard was found as has been
indicated
in Exhibit 28, a photograph, showing her lying on the bed; I want you
to assume
that while she was in that position she was beaten about the head with
some
instrument, and that blood flowed freely while the beating was taking
place. A:
Yes. Q:
Would you do so? A: In the first
place, a source of the blood-the room, the walls of the room, was
largely the
radial spatter from impact; that is, when the weapon or some object
hits a
bloody head, the blood flies out like the spokes of a wheel, radially,
in all
directions. Q: Doctor, we
mentioned experiments a while ago. Did you ever conduct any experiments
wherein
a surface comparable to that of a human head was soaked in blood and
then
struck with an object in order to test impact spatter? A:
Yes, I did. Q:
Do you have some photographs with you? A:
I have photographs with me showing that. MR.
SPELLACY: Objection,
your Honor. THE
COURT: Sustained.
Q: You found some blood then
that in your opinion came
from impact spatter as you described? A:
Yes. Q:
Did you find
some blood that did not come from impact
spatter? A:
Yes. Q:
All right. A: The blood on the
east side of the room, on primarily on the two doors, came almost
entirely from
weapon throw off. This was the larger drops traveling at low velocity,
and it
was too far away for any low velocity drops to travel from the bed in
any
event. But these very little sprinkling on these doors were in the
larger size
drops, the quarter inch for the most part, eighth inch, and in that
neighborhood, with many smaller ones. There was only one spot I believe
that
was greater than a quarter of an inch; there was one half inch. These
were very
characteristic of weapon throw off, and the pattern was so consistent
and so
detailed that one could deduce very readily the arc through which the
weapon
had been traveling. Q:
Were there
any blood spots on the ceiling? A:
No, I found none on the ceiling. I found none on-beg your pardon. Q: Were there any high up on
the south wall behind the
bed? A:
No, none on the south wall high up. In fact, the only place they were
high up were on the wardrobe door, I mean, on the hall door. Q: Doctor, you spoke
of weapon throw off. Assuming a bloody
instrument being swung in an arc, can you tell us what you mean by
weapon throw
off, and what causes it? A: I mean simply that if a weapon is impacting any bloody surface, it will become bloody itself, and as it is retracted preparatory to the next blow, it will be swung back somehow to the rear, and as the direction of the weapon is changed, starting the next blow, it jerks off the blood or some of the blood that is on the surface of the weapon, and this continues to travel backwards from the weapon. It is very easily demonstrated. Q:
As. the weapon is brought forward- A: Just at the
moment it changes direction, the weapon is moved backward first and
then·
forward, and as it changes direction is when the blood leaves it. Q: After this occurs
and the larger clumps of blood leave the weapon at the reverse end of
the
swing, and then the weapon is brought forward and the velocity
increases before
the impact is made, is there any additional throwoff? Q:
Did you find evidence of such throwoff in this case? A:
Yes. Q:
Will you tell us where you found it? A: Primarily the blood on the
south wall and between and
over the two beds. A:
It is much greater. A:
Yes. Q: From your
observations of the south wall, and such blood as you found there that
did not
come from impact spatter, but came from some other source, were you
able to
recreate within general limits the probable arc of the weapon that
was swung
and repeatedly struck on the head of Marilyn Sheppard? A:
Yes. Q: Now, from your examination of
the wardrobe door, doctor, do you have an
opinion due to the velocity that you observed to be evidenced
there, as to how
far that blood could have traveled from the place where it was thrown
off the
weapon to the surface of the door? A: How far it could have
traveled? It could not have
traveled very far. Q: All right, when you say not
very far are you talking
inches or feet or what? A:
I am talking the order of one or two feet. Q: Now, was there
any other area of the room where you found large low velocity drops
other than
the wardrobe door? A:
Other than the bed itself. Q: Well, all right, other than
Marilyn
Sheppard's bed? A:
That's right, Marilyn Sheppard's bed. Q: Were there any large low
velocity
drops, for instance, on the north wall? A: There were no velocity
drops at all on the north wall.
The drops were medium in size, about an eighth inch or less. Q: What about the bed adjacent to
Marilyn, we will call it Sam's bed? A: There were some slightly
larger drops. But for the
most part these were all small drops. And you can't be sure about the
size of
drops when they strike at an absorbent surface like a sheet, because
the' blood
spreads in the sheet, and inevitably what you see is a larger spot than
you
would get on a solid surface. Q: You have indicated a diagonal
line here on the bed adjacent to the one in
which Marilyn was found. I recall you said that the sheet was folded
back? A: Yes, sir, the
covers were folded back, at this line here. And the blood, it
delineated the
line very clearly. It covered the lower sheet up to this position, and
it
covered the top sheet from that position on. But nothing other than
that. Q:
What about
the pillow? A: The pillow was spattered. Q: And the area underneath it? A: Nothing. Q: Now, having in mind the place
where you have positioned the assailant,
whoever that might have been, having in mind the evidence you have
found and
described relating to the kinds of blood, spatter and throwoff, and the
position especially of the large low velocity blood spots, do you have
an
opinion as to whether or not the murder weapon, swung by a human being,
was
swung with a right or left hand? A: Yes, I have an opinion. Q: What is that opinion? A: It was definitely swung
with the left hand. Q: Doctor, supposing the
assailant was in
this area as you have described, could the weapon have been swung by
the right
hand with backhanded blows? A: No, sir, under no
circumstances could it have been. Q: Will you tell us why, how you
are able
to determine that? A: Because-I haven't shown how
I know precisely what
that arc was, and it depends on that. Q:
All right;
then tell us what the arc was? A: The arc was one
in which started rather low on the left, and rose through an arc
something like
a baseball swing. The reason-may I give the reasons for this? Q:
Yes. A: I will have to
make another sketch. Two rectangular objects here. This is the hall
door here,
on the inside, and this is the wardrobe door. The blood spot
distribution on
these two doors was heavy at the low level on both, that is, in the
lower half. Q: Having in mind, again, the
position
assailant swinging the weapon, and the fact right-handed back swing
motion is
limited by contact to tile body, do you have an opinion as to whether
or not
the low velocity- MR.
SPELLACY: Objection.
THE COURT: Objection sustained,
counselor. That is not the testimony. MR. BAILEY: May I finish my
question, your Honor? THE COURT: Your question
already is improperly put, counselor. Please restate it. Q: Doctor, when you use your
right arm backhanded, is there some limitation
as to how far back you can bring your arm, physical limitation? A:
There certainly is. Q:
Will you
demonstrate that? A: When you make a
backhand motion with the right hand you either impact the left side of
the body
about the position of the left arm, or you carry the hand up over the
shoulder.
You cannot readily get any other position. Only with rotation of the
body you
could get further. But even then the body intervenes to a considerable
extent
no matter how you do it. Q: Now, having in mind a person
in this
area swinging a weapon with the right hand, but backhanded through
the arc
that you found, and having in mind the possible position of the change
of direction
which you have described as being the cause of the large droplets being
thrown
off, do you have an opinion as to whether or not the droplets that you
- found
on these doors depicted in your other sketch as well, and their
velocity as
disclosed by their size, was consistent with a travel of the distance
necessary ii that had been the case? A: I have an opinion, yes. Q: What is it? A:
It is not consistent. .. Q: Doctor, would you examine
these photographs, and as you do so, have
reference, please, for the sake of the record, to the exhibit numbers
which
have been affixed on the back by Mr. Romito, and as you go through them
tell us
what they represent, and when they were made? A: Exhibit B
represents the one very large blood spot, which I mentioned earlier in
the
testimony. It was taken on January 23rd or the 24th, I am not sure
which date,
probably the 24th. Exhibit A-this is
out of order-represents the largest blood spot which I had reason to
believe
came from the back of a weapon. It was just under half an inch in
diameter... Q: Now, referring your attention
to Exhibit B, the blowup of the largest spot which
you found on that door, do you have an opinion as to whether or not
that could
have come from the weapon? A:
I do. Q:
And what is
that opinion? A: My opinion is it could not
have come from a weapon. Q:
Will you
tell us why? A: In the first place,
that is a much larger drop than one ever gets from a weapon. It is much
larger
'than any of the other drops also in this room. It was a very low
velocity
drop. It shows no spatter around the margins at all, and a drop that
size will
not fly any distance from a point of impact or throw off. MR. BAILEY: May I, your Honor, pass these
exhibits to the jury at this time? THE
COURT: You may… Q: Now, doctor, how much blood in
quantity is necessary in order to perform a
blood grouping test? A:
Now or at the time of the murder? Q: Well, first at the present
time, and then in 1954, or 1955 when you made
your examination? A: At the present
time I can group microscopic fragments, pieces that you would not note
with the
eye. Q: At the time of the murder how
much blood was necessary in order to make a
reliable grouping test? A: A single test in
the A-B-O system could be run at that time with approximately the
amount of,
say, two pinheads, one for A, and one for B, because you check for two
factors,
A factor and B factor. Q:
Then two
separate tests are necessary? A: One normally runs more than
one set of the results,
yes. Q: Now, you described some tests
you made which enabled you to group the blood
on the mattress or from somewhere on the bed? A:
Yes. Q: And you found some spots
around the room which you also tested and which I
believe you said were consistent with that kind of blood? A:
That's right. Q: Now tell us where the spots
came from that matched the blood that was on
the mattress cover? A: The spots that
matched the blood on the mattress cover was the lower spot which is
shown in
Exhibit A. Q. All right. You
personally
performed the blood grouping
tests on Exhibit A? A:
Yes. Q: And did you personally
perform the grouping tests on
Exhibit B? A:
Yes. Q: Now, first of all, do you have
an
opinion as to whether or not the blood in Exhibit B could or could not
be the
blood of Doctor Sam Sheppard? A: In my opinion it could not
be the blood of Doctor Sam
Sheppard. Q:
Tell us why? A: Because it is 0 group and
Doctor Sam is A group. Q:
The blood in Exhibit A, that is, the smaller of the two, was 0 group,
was it not? A:
That is right. Q: And this was 0 group, as well,
you say? A: That's correct. Q: Did you find any
bases for distinguishing or for arriving at an opinion that these spots
of
blood have different human origin? MR.
SPELLACY: Objection.
He didn't testify to that. MR.
BAILEY: What is
that? MR. SPELLACY: He didn't testify to
that. MR. BAILEY: Yes, he has. THE
COURT: Overruled.
A:
Will you repeat the question, please? Q: Did you find
bases for concluding that these two spots of blood, reflected by
Exhibits A and
B came from different human beings? A:
I did. Q: Would you tell the jury
what test you made, what
observations you made, and the bases of your conclusions? A: The first tests
that were made were in connection with the grouping, and in fact these
were the
two major things that were done. Q: You indicate that
electrophoresis is now more sophisticated method of blood distinction
than it
was at the time you made these tests? A:
Very definitely. Q: You said tests
were made later. Can you tell us approximately when the electrophoretic
tests
were made? A:
It would have been about Mayor June of 1955. Q: Some months after, is that
right? A: Some months after, yes. Q: Doctor, you
indicated the blood which came from spot A, which you have told us came
from
Marilyn Sheppard was rapidly soluble in water, that is, it covered the
water
very quickly? A: It went into
solution immediately, instantaneously; and in fact it was soluble
for a long
time after that, too. Q: Now, as blood
dries up, that is, as it ages, speaking of dried blood, does·
anything happen
to it with respect to its solubility? A: Yes. Q: What? A: The hemoglobin
breaks down. It breaks down into an insoluble product, hemin, which
carries the
color, although the color of hemin is brown rather than red, and the
hemin is
not soluble in water or saline, and therefore as the blood
progressively
deteriorates with respect to its hemoglobin it becomes more and more
insoluble. This was the basis; all these bloods were some six months
old when I received them. Q:
Your first
tests were run late in January or early in
February? A: In February. Q: In February? A: Yes. Q: This was seven or eight months
after
the death had occurred? A: Within about seven months
after, yes, or more,
perhaps. Q: Now, you say at that time you
noticed a marked difference in the solubility
of the two samples? A:
Yes. Q: How much later after that did
you last make a test on the solubility of
Marilyn Sheppard's blood? A: It would have been at least
two years later. Q: And whether or not it was at
that time
still soluble? A: It was still
abnormally soluble. The difference really was in Marilyn Sheppard's
blood, it
remained abnormally soluble for a long time. Q: By way of comparison between
the B spot, the large spot, and the tests in
February in 1955, and the solubility you noted then, that is, the rate
and the
degree, and the latest solubility test on the A spot, Marilyn's blood,
whether
or not the A spot even after two years was still more soluble, if you
can say? A: Well, the A spot-I may have
misled you in my answer. Q:
Straighten
it out. A:
The A spot was not tested two years later. It was blood from the
mattress cover. Q: But it was blood which had
been drying
just as long as the A spot? A: Yes, the same length of
time. It was simply in storage.... Q: Doctor, you testified it is
possible through the examination of tooth fragments
in certain cases to determine whether the fragments were broken off
from
internal pressure or from external pressure. A: What you have to
look for is the character of the break. If the tooth is fragmented it
will come
away, comes apart under tension; the tension is exerted on the
outside if it i pushed. Q: All right. Now, from your
examination of the large fragment contained in
the vial that is State's Exhibit Number 34, do you notice any angle to
the
break there, indicating whether the pivot was on the lingual or tongue
side or
the external side or gum side? A: The pivot in this
case was very definitely on the lingual side. Not only is it shown by
the
'angle but there are other indications .... Q: For the record, Doctor Kirk,
this is a projection of a color transparency
marked State's Exhibit 42, in this case, which purports to show the
watch taken
from the green bag before any blood was removed from
it. This is the same slide that
you examined yesterday while
the court was out of session. A:
It is one and the same one, yes. Q: Have you examined
the slide for-first of all -the presence of blood, does there appear to
be
blood? A:
There appears to be blood, yes. Q: Can you tell us in what forms
there
appears to be blood as you view it, the Exhibit 42? A: The blood-well, it is dry,
obviously, it is dry blood.
But I don't know whether that is what- Q: My question is directed to
when I say forms, I mean smears and spots and
clumps and clots and that sort of thing. A: For the most part
it looks like contact transfer, that is, something bloody against
the watch
band, especially, and apparently also the blood was in a very tacky
condition,
indicating it was probably very partially clotted at the time. Q:
Doctor, I
call your attention
to a dark
spot, located in the crevice between the edge of the band and the first
link or
what appears to be a link, and there has been evidence that on this
dark area
generally there is a spot which appears to be superimposed. Now,
are you able to tell us anything with reference to the clotting of
blood that would account for the appearance of that little spot? ' A: Yes, if blood is
clotted or partially clotted, it can go on in thicker form, becomes
very
viscous, very tenacious, and very jelly-like. Q:
What is
happening when blood clots? A: The clotting
mechanism is one which takes care of stopping bleeding, and it is
common experience,
of course, anyone who has cut their hand, that the blood will become
very
viscous and coagulate into a jelly-like form, and then it will
retract and
squeeze out the serum, and leaving ultimately a scab after it is
dry. This
is the mechanism by which bleeding is stopped. And during the
period of clotting the viscosity or the thickness or the tackiness of
the blood
proceeds from that of a moderately viscous solution, which blood is,
always,
normally, to a very much more viscous jellylike material, and
ultimately to a
relatively hard mass. So it goes through
all those stages. At certain stages of clotting you can transfer whole
chunks
of blood by contact. Q:
Now, Doctor,
I call your attention to this spot which
appears on the rim in proximity to the indicator place the figure
11 on the
normal watch face, and ask you whether or not you have observed it or
studied
it? A:
I have. I would like to take one more look at it if I might. Q:
Certainly.
Doctor, calling your attention specifically to
what appears to be a point evident at the edge of this spot; can you
tell us
whether or not there is an indication of flying blood to start with? A: When you get that
shape of spot, you always suspect flying blood, because at that point,
the
appearance is very characteristic of blood which has been traveling
through the
air and strikes an object. Now, examining this
particular spot leaves the issue somewhat in doubt. It appears that it
is not a
symmetrical tail on the blood spot, and flying blood invariably leaves
a
totally symmetrical tail. It cannot come off one side or the
other. It has to
come off the exact center. And there it appears to me a dissymmetry in
the spot
which suggests it might not be flying blood. This is also an effect
which can
be obtained from partially coagulated blood because you can pull
strings on it. Q: Under the circumstances and
from what you are able to see can you account
for what appears to be this pointed edge on what is now the left hand
side of
that spot, the tail from that spot of blood? A: In one possible
way, yes, and that is coagulating blood, can be pulled into
strings, and if it
is struck in a certain way it could lay down one of these protruding
strings
that would look like a typical tail of a flying blood spot. But
not having
examined the watch specifically and the condition shown on the slide,
this has
to be an explanation which mayor may not be correct. I wouldn't want to
say
that this is my definite and final and irrevocable opinion. Q: When you say coagulating
strings, can
you say what you mean? A: Well, you take a
jelly-like state of coagulation of the blood, and at this point,
if you touch
it, for instance, and pull your finger away you will pull a string out
of it,
that is, form of thread, just like glue would. Q: Tending to pull it away from
the main clump? A: Yes. Q: Doctor, I show you what
appears to be a spot of blood up in this area, and
ask you whether from what you can see· there is any way of
telling whether that
was flying blood and if so what direction it might have come from with
respect
to the watch? A: I would like to
come down here and look at that. I would not care to say that I could
tell definitely
from the photograph. Q: Have you observed on this and
other occasions when you looked at this
photograph, what appear to be small pinpoints of blood in various
areas? A: Well, I see areas
that look very much like the areas on the watch band, except they are
somewhat
smaller. Q: Is there any way to account
for the collection of blood in small droplets
such as may be seen in one area and another, other than from spatter? A:
Oh yes. Q: What might cause .the blood to
dry in that fashion other than having
arrived there as a spatter? A: Well, in the
first place, the object that is contacted may not have it
uniformly. And
furthermore, it may stick, again, if it is partially coagulated blood,
if it is
clotting, where it will stick and pull blood away from the object at
that
point, and another point doesn't stick. So it will not deposit
regularly. Source:
Paul Holmes, Retrial: Murder
and Dr. Sam Sheppard
(1966)
|