DIRECT EXAMINATION BY MR. SCHECK:

MR. SCHECK: Dr. Lee, could you tell us what present position you hold?
DR. LEE: Currently, I'm the chief criminalist for state of Connecticut. Also, I'm the laboratory director for Connecticut State Police forensic laboratory. However, today, I come here as a--act as an independent consultant, nothing to do with my official capacity.
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MR. SCHECK: Now, Dr. Lee, in terms of the side that you're usually on in criminal cases in terms of percentages, what percentage of the time are you called by the Prosecution and what percentage of the time are you called by the Defense?
DR. LEE: Uh, approximately 95 percent is for the Prosecution, less than five percent for the Defense.
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MR. SCHECK: All right. In terms of the different areas that you have testified in as an expert for the Prosecution and Defense, just to get through it briefly, does that include hair examination?
DR. LEE: Yes.
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MR. SCHECK: Trace evidence?
DR. LEE: Yes.
MR. SCHECK: Crime scene reconstruction?
DR. LEE: Yes.
MR. SCHECK: And something that's called blood spatter or blood splatter interpretation?
DR. LEE: It's blood pattern interpretation.
MR. SCHECK: Okay. Doctor, I would like to turn for a second to your writings. How many books or monographs or chapters in textbooks have you written?
DR. LEE: Including books or booklet, monographs or chapter, more than 20, more than 20 now.
MR. SCHECK: Are some of these books used as textbooks in forensic science?
DR. LEE: Yes.
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MR. SCHECK: Now, let's talk briefly about the professional associations where you're a member. What professional associations are you a member of and that you're active in?
DR. LEE: Approximately 20 some different professional organization. Most are dealing with forensic science. To name a few, Academy of--American Academy of Forensic Science, England Forensic Society, England Fingerprint Society, International Association of Identification, International Bloodstain Pattern Analysis Association, International Homicide Detectives Investigators' Association and Northeastern Forensic Scientist Association, of course American Crime Laboratory Directors Association and some other organization.
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MR. SCHECK: Now, Dr. Lee, how is it that you got involved in this case?
DR. LEE: This case, in June 14, I receive a phone call from attorney Shapiro, Bob Shapiro, asking me to assist in this case.
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MR. SCHECK: Now, what were you asked to do in terms of this case for the Defense? What tasks were you asked to perform? What areas?
DR. LEE: Uh, basically involving review some physical evidence and exam, study the crime scene and crime scene pictures, photographs, try to find the scientific fact, what involved in this case. So my role is rather limited, not really involving other aspect of investigation. In addition, when the time I was called in, the crime scene already almost nonexist. So my involvement just so-called a limit review of the crime scene photographs and crime scene inspection. Physical evidence, that's my strength. I exam quite a few pieces physical evidence.
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MR. SCHECK: There is a discipline of analysis known as bloodstain spatter or splatter interpretation?
DR. LEE: Bloodstain pattern analysis, yes.
MR. SCHECK: All right. And you were making reference in your testimony so far to certain kind of bloodstain patterns?
DR. LEE: Yes, sir.
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MR. SCHECK: Your Honor, at this time I would ask permission to, with a bottle of red ink and paper, have Dr. Lee demonstrate different kind of bloodstain patterns.
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MR. SCHECK: As a predicate for explaining bloodstain patterns, could you explain for us briefing something about the circulatory system as it relates to how blood comes out of the body?
DR. LEE: Yes, sir. In this closed circulation system carry the oxygen nutrient through the body and that is why we can function. Once this system interrupt, the blood will come up. Depends which part of the body. If an artery, the blood will gush out, so-called arterial spurting, arterial gushing. If a vein was cut, the blood will rush out. If just a capillary cut, the blood dripping out. Once it has come out of our body, we cannot take back any more, we cannot control any more. The environment and the physics takes over. It is no longer--can be controlled by an individual. Once the blood come out, would deposit to a surface. The surface usually is the lowest surface, whatever lowest surface. For example, here, that is--if I dripping the blood or ink onto this surface, that is the lowest surface. If I drip here, (Indicating), the carpet going to be lowest surface. It stop on the surface according to the physics, the gravity.
MR. SCHECK: Could you demonstrate for the jury, for example, you mentioned a drop, what is known as a low velocity drop?
DR. LEE: Yes. If the blood come out without any force, just dripping, going to form certain patterns. This pattern, (Indicating), generally we consider a low velocity blood drop.
MR. SCHECK: All right. The record should reflect that Dr. Lee has taken a bottle of--out of a bottle of red ink a dropper.
THE COURT: Eyedropper.
MR. SCHECK: I'm sorry, an eyedropper, and dropped it directly down onto a piece of paper.
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MR. SCHECK: Now, on this low velocity drop, the way you did it, it was vertical?
DR. LEE: It is directly perpendicular to the surface, ninety-degree drop.
MR. SCHECK: Now, if one were to measure the diameter of those drops, could this be correlated with the source of it to the target?
DR. LEE: In general we can do an estimation. We have to know the substrata. Is this paper, carpet, pavement or wood? Each substrata surface will have different effect. You cannot use the paper to compare a carpet or use the carpet to compare the pavement; therefore, you have to know the drop size, how big a drop, and have to know the substrata. Sometime we can make some correlation. We cannot make, say, an exact determination how high.
MR. SCHECK: But can one make a reasonable approximation, in certain instances, by measuring the diameter of a vertical drop such as this with respect to where the source was?
DR. LEE: If we know every parameters, then we can make a reasonable interpretation.
MR. SCHECK: Is it therefore important, when documenting, preserving evidence at a crime scene, to make an effort to document the size of drops?
DR. LEE: Yes. We generally conduct such documentation.
MR. SCHECK: And the photographs taken in this case of the bloodstain evidence at the Bundy and Rockingham scenes, did they contain rulers in them so that such measurements could be made?
DR. LEE: I did not have opportunity to see every photograph. I cannot tell you. The photograph what I examined I did not see rulers.
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MR. SCHECK: So would it be fair to say that the impact angle can be determined to some extent by the width and length of the bloodstain pattern?
DR. LEE: Yes.
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MR. SCHECK: And is that something that ought to be done when properly processing a crime scene?
DR. LEE: I usually--if a blood pattern become crucial, we document that.
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THE COURT: No. Have you ever been to a Gallagher show?
MR. SCHECK: I have. Doesn't he use more props?
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MR. SCHECK: Dr. Lee, I call your attention now to the board that we've marked 1341 entitled "Bloodstain from closed-in area of Bundy." With the court's permission may Dr. Lee--
THE COURT: Yes, he may.
MR. SCHECK: --get off the witness stand and with the aid of a pointer or whatever else you want to use, Dr. Lee.
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MR. SCHECK: Now, Dr. Lee, what does the center picture in this board depict?
DR. LEE: The center picture second row second line--second column, second row, this depicts an overall view of a corner of a fenced in area at the Bundy scene.
MR. SCHECK: And Dr. Lee, are there recognizable blood spatter patterns that are highlighted in the peripheral pictures on this board?
DR. LEE: Yes.
MR. SCHECK: Now, whose pictures are these?
DR. LEE: Those are the pictures supplied to me by attorney Shapiro.
MR. SCHECK: So these are from, to the best of your knowledge, the Prosecution?
DR. LEE: Yes, sir.
MR. SCHECK: And with respect to these bloodstain patterns, there are no rulers in this--these pictures so that we can measure any of these deposits?
DR. LEE: I did not see any.
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MR. SCHECK: I would like to now turn to a discussion of the socks, and I'd ask that this board be marked Defendant's next in order.
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MR. SCHECK: This first board marked 1352 entitled, "History of socks, item 13, June 13th, 1994 at Rockingham," briefly, Dr. Lee, what is this?
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DR. LEE: This board consists three picture. This three picture was supplied to me by attorney Shapiro.
THE COURT: Next question.
MR. SCHECK: All right. Picture no. 1 is a--represents what in terms of the bedroom?
DR. LEE: Depicts an overall view, shows this corner of the bedroom and a rug on the carpet, the bed and appear to be--in the center of this picture appear to be pair of socks (Indicating).
MR. SCHECK: Direct your attention to the picture on the upper right-hand corner.
DR. LEE: This picture is taken appear to be a different point of time. We see some changes in the picture. However, this pair of socks appear to be in the middle of this rug (Indicating).
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MR. SCHECK: May I call your attention to close-up of two socks?
DR. LEE: Yes.
MR. SCHECK: And what does that appear to be in relation to the picture above it?
DR. LEE: This appear to be a close-up showing this pair of same socks.
MR. SCHECK: Uh-huh. Now, is there anything about the way those socks are lying on the carpet that is of interest in terms of subsequent analysis?
DR. LEE: Yes.
MR. SCHECK: What is it?
DR. LEE: This two socks is clearly in two different location, not on top each other. This two socks both have a similarity. The top appear to be folding downward. These two socks, both side, the tip, the toe area cannot be seen whether or not due to this photograph, two-dimensional representation or in reality was tucked in, which I don't know. One sock appear to be crunched in a three-dimensional setting. The other one also, it's not flat. It's also crunched in certain fashion. These two socks, I can not determine just by looking at them inside out or outside in (Indicating).
MR. SCHECK: In terms of the proper practices for collection of these socks, what should be done?
DR. LEE: If I do it, I can not say about any other people. These two socks--
MR. GOLDBERG: Not responsive.
THE COURT: Overruled.
DR. LEE: These two socks should be put in two separate bags. However, before I even pick it up, should noted the condition, dry, wet, moist or damp. In addition, should definite indicates inside out or outside in, the toe stuck inside or not or exposed, the top, whether or not in fact fall down works or not. A physical description and any obvious trace material or stain should be noted.
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MR. SCHECK: And did you examine one sock and then the other sock?
DR. LEE: Yes. I exam one sock at a time.
MR. SCHECK: And between the examination of one sock to the other sock, did you change gloves?
DR. LEE: Yes, I did.
MR. SCHECK: Any question about that in your mind?
DR. LEE: No question about it.
MR. SCHECK: Now, can you tell us what you were able to observe--I think we're--is there anything else of note on this board?
DR. LEE: Yes.
MR. SCHECK: What is that?
DR. LEE: I notice that both socks in one bag, in one envelope. I made a comment, I said why those two socks in one envelope.
MR. SCHECK: And what is the significance of putting both socks in one envelope for--in terms of forensic procedure?
DR. LEE: Start that initial moment, you pick up the socks, put in one envelope, you already contaminate both socks. You have a cross-contamination. It's no longer its virgin state.
MR. SCHECK: Is there any significance in terms of this examination that you are not wearing a lab coat or a hair net?
DR. LEE: I wasn't provide with a lab coat nor a hair net. After I look, these both socks already put in one envelope. Doesn't matter what I wear, space suit, body armor. Still contaminated.

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MR. SCHECK: All right. The board contains the phrase "Wet blood transfers" in relation to this picture. Could you please explain that?
DR. LEE: When I exam this stain carefully, it's a contact smear made of blood. This blood has to be in wet stage to get transfer. Once it dry, you cannot transfer anymore. So that's why I refer a close-up view of a wet blood transfer.
MR. SCHECK: And let me see if I understand this. You're saying that what has to be wet in order to cause this kind of transfer stain?
DR. LEE: Yes, sir.
MR. SCHECK: The object that is making--
DR. LEE: The object, the surface of items on either a glove or any object have some wet blood touch this brown paper bag cause this transfer with the motion.
MR. SCHECK: And what is the photograph on the upper right-hand corner of this board entitled, "Bloodstains inside paper bag, item 78?" What does that represent?
DR. LEE: The paper bag when I look at the inside, I see wet transfer inside of the bag. The mechanism of this transfer remains the same. Has to be a wet surface, wet object with some wet blood--I'm sorry--a surface object with some wet blood contact this brown paper bag cause such transfer.
MR. SCHECK: And what is the picture, the lower right hand that says close-up wet blood transfers?
DR. LEE: The close-up shows some of the blood has soaked through other side to the exterior surface.
MR. SCHECK: All right. Now, is it a good procedure to put an object such as a boot that is still wet with blood inside a paper bag?
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DR. LEE: I cannot say what LAPD procedure. I did not review it. I've not come here to criticize anybody. My own procedure, if I collect, I don't put an object wet.
MR. SCHECK: And why wouldn't you put a wet object into such a paper bag?
DR. LEE: Because a transfer, you change the pattern. If an object have two or three different type of blood grouping, because this transfer, now you may resolve some false reading.
MR. SCHECK: Is that--could create mixtures?
DR. LEE: Yes.
MR. SCHECK: Where there weren't originally mixtures?
DR. LEE: Yes.
MR. SCHECK: Is that what's sometimes known as cross-contamination?
DR. LEE: Yes.
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CROSS-EXAMINATION BY MR. GOLDBERG

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MR. GOLDBERG: Okay. Now, Dr. Lee, I wanted to just mention very briefly or ask you very briefly about one of the matters that you just alluded to a few moments ago.
DR. LEE: Yes, sir.
MR. GOLDBERG: Regarding identification of human remains in cases here in the continental United States.
DR. LEE: Yes.
MR. GOLDBERG: Your most famous such case where you were personally involved at the crime scene, not at the time of the crime, but afterwards.
DR. LEE: Thank you very much.
MR. GOLDBERG: Yes.--was the People versus Crafts case; is that correct?
DR. LEE: Yes, sir.
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MR. GOLDBERG: Okay. And was that a case, sir, where the victim in that case, Helen Crafts, was killed by her husband and she was--he disposed of her by putting her body through a wood chipper machine?
DR. LEE: Yes.
MR. GOLDBERG: And in that particular case is it a fair summary of what happened that the biological evidence was spread over a very significant amount of territory, about 2500 square feet, in the snow by a river as a result of the body having gone through the wood clipper machine?
DR. LEE: The majority this and probably wound up in the river. Only small fragment were found scattered around the river bank.
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MR. GOLDBERG: Right. And just so it is clear, what was done in this case is large amounts of snow were put in buckets and then taken into tents and melted and the biological evidence would tend to fall or sink to the bottom of the bucket and all the debris would tend to rise to the top and you just throw the debris out and take the biological evidence out in the bottom?
DR. LEE: Not exactly. Any recognizable material, for example, we found a fingernail, you can recognize, you don't have to throw in a bucket. You just taken it out. If it is bone chips, we can recognize, or a tooth. We have a team of scientists, team of investigator work together since we can see and recognizable right away, you remove it. For example, I can see a scissor, I collect a scissor. I don't have to throw the scissor in the bucket. Things we cannot visually recognize, we use the second procedure.
MR. GOLDBERG: And that included some of the biological evidence in the case?
DR. LEE: Yes.
MR. GOLDBERG: And Dr. Lee, when that occurred, when the items would fall to the bottom of the bucket, various different biological samples could get mixed together or were mixed together; is that correct?
DR. LEE: Yes, yes.
MR. GOLDBERG: And it also mixed together human biological samples with others that were out there, like deer bones and the like; is that correct?
DR. LEE: Yes, correct.
MR. GOLDBERG: Yes. And despite that, sir, it was proper and you did decide to attempt DNA technology on this evidence; is that correct?
DR. LEE: That's correct.
MR. GOLDBERG: All right. But this case was a little while ago, as I recall, it was in the mid-eighties?
DR. LEE: Yes.
MR. GOLDBERG: So with the state of the technology at that time, you were not actually able to do DNA, true?
DR. LEE: No. We did some DNA work.
MR. GOLDBERG: Oh, you did?
DR. LEE: We did some X, Y, determine male, female.
MR. GOLDBERG: Okay. You were also able to do--when I say "You" I'm also including your laboratory people--
DR. LEE: Yes.
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MR. GOLDBERG: Okay. And you were able to get results that identified the human remains in that case even though all the biological evidence was mixed together at the time that it was collected?
DR. LEE: Yes, sir.
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MR. GOLDBERG: Do you agree, sir, that one of the practical realities that criminalists face who are working for law enforcement, is budgetary problems and monetary shortfalls?
DR. LEE: Yes.
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MR. GOLDBERG: So would you agree, sir, that generally speaking, forensic resources are scarce in the sense that we can't do all the testing and all the study in every case that we would like to do?
DR. LEE: That is absolute correct. Of course if you have the support of the leadership, for example, I have a good boss, my commissioner very supportive to forensic science, so we try to do what supposed to do. Of course impossible to do every possible test in this earth for a certain case.
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MR. GOLDBERG: Okay. All right. Have you read Mr. MacDonnell's article on the "Absence of evidence is not evidence of absence"?
DR. LEE: (No audible response.)
MR. GOLDBERG: "Absence of evidence is not evidence of absence"?
DR. LEE: I'm a Chinese. Take me a while to think about this double-talk. Absence--
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MR. GOLDBERG: And do you agree generally with the findings of MacDonnell in this particular article?
DR. LEE: In general, yes, but the specific example he give maybe not totally cover the whole situation.
MR. GOLDBERG: Okay. But in general do you agree with the proposition that we really can't infer that someone cannot participate in a crime involving a bloody event simply because they don't have blood on them, on their clothing or on their person?
DR. LEE: Again, as I indicate before, depend on situation. One example said beat up a rabbit. Rabbit, human two different scene. You beat up a rabbit, did not get blood spatter on your clothing. Doesn't mean you beat up a human did not get blood on your body, and I guess depends on situation. If you standing a distance, firing a shot, gunshot, thirty feet away, kill somebody, I don't expect to find blood spatter on somebody's clothing. That is correct. However, if you put the gun next to somebody's head, fire a shot, nothing, no clothing, block the back spatter, I expect to find some blood spatter, so it varies. I cannot in certain senses, correct. In other situation maybe not.
MR. GOLDBERG: Okay. Isn't there a lot of forensic science literature out there that generally cautions the forensic scientists who are involved in blood spatter that you can't really say that someone didn't participate in a crime just because they are not covered in blood even if it is something like a stabbing?
DR. LEE: Yes, sir.
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MR. GOLDBERG: All right. Now, sir, have you had some cases yourself in your own career as a forensic scientist where the crime scene was extremely bloody?
DR. LEE: Yes, sir.
MR. GOLDBERG: Yet--yet the suspect did not have a lot of blood on his clothing?
DR. LEE: Off my head I don't really remember every crime scene I went. In general more blood, I should expect to find some blood on the suspect. Again, depends on situation. You have a shooting at a distance, yes, the victim lying there, have a lot of blood. Suspect with a long gun, you don't expect to find that. Those are correct. If a closed compact situation, maybe different.
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REDIRECT EXAMINATION BY MR. SCHECK
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MR. SCHECK: Dr. Lee, finally, you were asked some questions about the closed-in area of the Bundy crime scene, the absence of evidence and bloodstain patterns on cross-examination. Do you recall those?
DR. LEE: Yes.
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MR. SCHECK: Well, let me ask you this, Dr. Lee. In a closed environment, closed-in environment with hand-to-hand combat, with multiple stab wounds, with blood stains in different places indicating multiple contact smears with vertical droplets in the areas of the different multiple contact smears, with other blood spatter cast off in different directions, with the key in one area, beeper in another area, in that kind of struggle, do you have an opinion as to whether or not an assailant or assailants would be covered with blood from the struggle?
MR. GOLDBERG: Misstates the testimony, calls for speculation.
THE COURT: Overruled.
MR. GOLDBERG: Incomplete hypothetical.
THE COURT: Overruled.
DR. LEE: Yes.
MR. SCHECK: What is that opinion?
DR. LEE: In theory, should have some blood.
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RECROSS-EXAMINATION BY MR. GOLDBERG
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MR. GOLDBERG: All right. Now, let's get to one of your comments about in theory, there should be some blood in response to Mr. Scheck's line of questioning.
DR. LEE: Yes.
MR. GOLDBERG: Remember that?
DR. LEE: Yes.
MR. GOLDBERG: Okay. Would that also depend upon where the suspect was standing?
DR. LEE: Uh, depends on whether or not a combat situation, hand-to-hand combat situation. You have distance, of course, the chances for getting blood on unless some material spurt or certain force, internal force or external force. You have injury on the hand, have a cast off, have other motion, that going to cast to greater distance. If in close contact, if large amount of blood come out, you going to have more blood.
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MR. GOLDBERG: Let me ask you this, doctor. Do you recall one of your fairly well known cases back in 1984 by the name of People versus Hoeplinger where a husband beat his wife to death by hitting her numerous times in the head with a brick, drug her body out to a fish pond, drug her back into the house and then claimed that someone else broke into the home and committed the murder?
DR. LEE: 80 percent correct. Not drag to the fish pond. Never got to the fish pond.
MR. GOLDBERG: Only part way?
DR. LEE: Drug, carry to a location end of the driveway and drag into a pack of Sandril (Sic) to--near the neighbor's house and carry the body, half drug, half carry, put back in family room on the sofa.
MR. GOLDBERG: And isn't it true that that kind of an assault with the brick on the head by beating numerous times produces enormous amount of blood and it did so in the Hoeplinger case?
DR. LEE: Yes.
MR. GOLDBERG: And isn't it true that on the suspect's jeans, there were only two drops of blood?
DR. LEE: Well, we assume that's the original jean. I don't have any record, but I do know he wash his T-shirt. I found a T-shirt washed in the pond.
MR. GOLDBERG: Right.
DR. LEE: But the blue jean, whether or not that's the original blue jean, I have no or information, record of it.
MR. GOLDBERG: Well, you testified in court and those blue jeans were presented to a jury as being worn by the suspects--suspect, the husband at the time of the murder; is that correct?
DR. LEE: I--that's long time ago. If you say correct, probably correct. I don't recall. There's thousands cases I been working on.
MR. GOLDBERG: Does that seem to be consistent with your memory?
DR. LEE: Sure. Sure.
MR. GOLDBERG: And only two blood drops?
DR. LEE: I don't remember. If you say two drops, it's two drop.
MR. GOLDBERG: And the scene was covered in blood, correct?
DR. LEE: Yes.
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MR. GOLDBERG: Sir, if a person were to wrap their hand around someone's throat and slit that person's throat--
DR. LEE: Yes, sir.
MR. GOLDBERG: --and the blood spurted forward, would you expect the assailant to be covered in blood?
DR. LEE: Probably not.
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