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	1		    CONTAINED IN A SEPARATE VOLUME WHICH INCLUDES
	2		    THE TESTIMONY OF J. DOUGLAS PERKINS)
	3		    (THE FOLLOWING PROCEEDINGS WERE HELD SUBSEQUENT
	4		    TO THE TESTIMONY OF J. DOUGLAS PERKINS IN THE
	5		    PRESENCE AND HEARING OF THE JURY)
	6		         THE COURT: All right. Show the jury’s
	7	back and all present. We do have part of the lights out,
	8	obviously.
	9		    We anticipate some slides being shown so that
	10	you can see those better. Call your next witness for the
	11	State.
	12		         MR. CORGAN: Your Honor, the State at this
	13	time would call Dr. Robert Hemphill.
	14	-------------------------------------------------------------------
	15		             ROBERT LEE HEMPHILL
	16	after having been duly sworn to tell the truth, the whole
	17	truth, and nothing but the truth, testified as. follows:
	18		              DIRECT EXAMINATION
	19		         THE COURT: Please proceed.
	20	BY MR. CORGAN:
	21	Q	State your name, please, sir.
	22	A	My name is Robert Lee Hemphill.
	23	Q	Mr. Hemphill, what is your business, profession, or
	24	occupation?
	25	A	I’m a medical doctor employed by the Office of the

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	1	Chief Medical Examiner for the state of Oklahoma.
	2	Q	Doctor, would you tell us, please, sir, your
	3	premedical education?
	4	A	Yes. I am a graduate of Southern Nazarene University
	5	where I have a degree -- an A.B. degree in history.
	6		I also attended Lamar University for part of my
	7	undergraduate work in Beaumont, Texas.
	8	Q	All right, sir. And what is your medical education?
	9	A	I’m a graduate of the University of Oklahoma School
	10	of Medicine where I received the M.D. degree in 1966.
	11	Q	And, Doctor, do you have any type of licensure or
	12	certification?
	13	A	Yes. I am licensed to practice medicine in the state
	14	of Oklahoma and have been since 1966.
	15		A also have a year of internship, a year of
	16	specialty training in internal medicine, two years of
	17	specialty training in anatomic pathology, and two years of
	18	specialty training in forensic pathology.
	19		And based on that training and experience, I am
	20	board certified as a specialist in both anatomic and
	21	forensic pathology. That’s by the American Board of
	22	Pathology.
	23	Q Now, Doctor, tell us what is required in order to get
	24	one to be certified in a particular area, and what’s your
	25	fields of certification and what that means.

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	1	A	Well, there are several grades --
	2			THE COURT: Raise that mike a little bit
	3	there, a little closer -- the neck itself. Yeah.
	4		(THE WITNESS COMPLIED WITH THE REQUEST)
	5	A	There’s several ways that the American Board of
	6	Pathology provides for certification in forensic
	7	pathology.
	8		The requirements under which I was certified
	9	were two years of anatomic pathology and two years of
	10	forensic pathology, plus at least one year of experience
	1l	in medical practice, and then sitting the examination for
	12	board certification in both anatomic and forensic
	13	pathology and successfully passing them.
	14	Q	What is anatomic pathology?
	15	A	Pathology in general is a medical specialty that
	16	deals with the diagnosis of disease based on examination
	17	of tissue specimens taken from a human being.
	18		These may be specimens taken for laboratory
	19	testing, such as blood specimens, urine specimens, things
	20	like that.
	21		They may be specimens taken during-surgery for
	22	examination under the microscope.
	23		Or they may be specimens taken at autopsy, which
	24	is performed after death of course.
	25		Anatomic pathology is that branch of pathology

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	1	which deals with the examination of tissue specimens
	2	either taken at surgery or taken during an autopsy.
	3		Forensic pathology is a subspecialty of
	4	pathology which applies the disciplines and knowledge of
	5	pathology to the area of death investigation.
	6		And it does require additional training and
	7	experience and a special certification test to be
	8	certified in forensic pathology.
	9		Forensic pathologist has to demonstrate ability
	10	not only in the disciplines of pathology, the examination
	11	of the body itself, but also knowledge about other things
	12	related to death investigation, such as death scene
	13	investigation, a knowledge of various types of mechanisms
	14	whereby wounds may be produced, a knowledge of toxicology
	15	or poisons, and other related areas.
	16	Q	Doctor, how long have you been certified in those two
	17	areas?
	18	A	Since 1980.
	19	Q	And, Doctor, are you a member of any professional
	20	associations?
	21	A	Yes. I’m a member of the American Medical
	22	Association, of the Oklahoma State Medical Association,
	23	the Tulsa County Medical Society, and the National
	24	Association of Medical Examiners.
	25	Q	Doctor, do you have any teaching experience?

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	1	A	Yes. I have lectured in the Department of Pathology
	2	in the past for several years at Oral Roberts University
	3	School of Medicine and the Osteopathic College of Medicine
	4	and Surgery in Tulsa.
	5	Q	And, Doctor, what is your medical experience?
	6	A	After my initial training in medical school and year
	7	of internship, I spent about six years in the general
	8	practice of medicine in Swaziland, Africa, at a mission
	9	hospital.
	10		During that time, I did a wide, general type of
	11	clinical practice and also investigated deaths and
	12	performed autopsies for the government of Swaziland.
	13		In 1975, I returned from there permanently and
	14	did my residency training in anatomic and forensic
	15	pathology and then went to work for the Office of the
	16	Chief Medical Examiner in Oklahoma. I’ve been there
	17	13-and-a-half years.
	18	Q	And what is your current position with them?
	19	A	I’m the Deputy Chief Medical Examiner for the state
	20	of Oklahoma.
	21	Q	What does that mean?
	22	A	 It means I’m second in command in the agency, which
	23	is the Office of the Chief Medical Examiner.
	24		It means that I’m the administrative head of the
	25	eastern division office of that agency, which is located

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	1	in Tulsa.
	2	It means that I investigate deaths coming under
	3	the jurisdiction of the medical examiner in 28 counties in
	4	Oklahoma.
	5		And I supervise the investigation of all medical
	6	examiner deaths in that area that are not actually
	7	directly performed by me.
	8	Q	Doctor, have you in the past been recognized by the
	9	District Courts of the state of Oklahoma as an expert?
	10	A	Yes, I have.
	11	Q	And have you so been recognized by the District
	12	Courts of Washington County?
	13	A	Yes, I have.
	14			MR. CORGAN: Your Honor, at this time, we’d
	15	ask that Dr. Hemphill be so recognized.
	16			THE COURT: Record so reflect.
	17	Q	 (By Mr. Corgan) Dr. Hemphill, as part of your
	18	duties as Deputy Chief Medical Examiner, have you had
	19	occasion to perform an autopsy in this case?
	20	A 	Yes, I have.
	21	Q	And could you tell us on whom you’ve performed that?
	22	A	Yes. I performed the autopsy on a body identified to
	23	me as Sandra Allen.
	24	Q	When was that autopsy performed?
	25	A	June the 12th, 1990.

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	1	Q	Doctor, I think maybe the first question I should ask
	2	you is would you explain to the jury, please, what exactly
	3	an autopsy is?
	4	A	The term “autopsy” is usually used to refer to the
	5	major surgical procedure that’s performed on a dead body
	6	to determine cause of death and to shed light on the
	7	circumstances surrounding death.
	8		The postmortem examination, that is the
	9	examination of the body, consists of other things.
	10		That is an external examination, documentation
	11	of any abnormalities or any things that the pathologist
	12	may feel are significant on the external part of the body
	13	and then the surgical procedure or the autopsy itself.
	14	Q	You use the term “postmortem.” What do you mean by
	15	that?
	16	A	That just means after death.
	17	Q	Is there any type of term that you use to refer to
	18	injuries sustained prior to death?
	19	A	Yes. The term “antemortem,” A-N-T-E-mortem, meaning
	20	before death.
	21	Q	Doctor, I believe you said as a part of your autopsy,
	22	you do both an internal and an external examination; is
	23	that correct?
	24	A	That’s correct.
	25	Q	Would you tell us what you did in regard to your

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	1	external examination in this case and the observations you
	2	made in that regard?
	3	A	I followed the usual and standard procedure that I
	4	have for doing external examination.
	5		That is, I carefully inspected the body as it
	6	appeared when it arrived and made a dictated documentation
	7	of the appearance of the body.
	8	Q	After removal of clothing and cleaning of the body
	9	from blood and secretions and other foreign material, I
	10	examined carefully all surfaces of the body with
	11	particular attention to injuries which were present.
	12		All of this is documented, first of all, by the
	13	written report which is made by dictating into a
	14	microphone with a foot pedal as I proceed with the
	15	examination.
	16		But also photographs were taken, and diagrams
	17	were made to further document these findings.
	18	Q	Tell us what you observed in regard to your external
	19	examination.
	20	A	To generally state that without at this point going
	21	into great detail, there were multiple lacerations of the
	22	scalp.
	23		And there was fracturing of the skull, which was
	24	visible even on the external examination because of the
	25	extensive nature of the laceration or tearing of the

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	I	scalp.
	2		There were also contusions and abrasions on the
	3	trunk and the extremities and two small areas of contusion
	4	on the inside of the lips.
	5		There were some minor, very superficial cuts 
	6	one on the hand, the right hand, the palm of the hand, and
	7	one on the back of the left wrist. And, in general, those
	8	were the findings.
	9	Q	Doctor, when you use the term “contusion,” what do
	10	you mean by that?
	11	A	Contusion is a medical term for a bruise.
	12	Q	And what do you mean when you use the term
	13	“abrasion”?
	14	A	Abrasion is a type of injury that is produced by
	15	scratching or scraping motion of some rough surface
	16	against the skin. The outer layer of the skin is rubbed
	17	or abraded away.
	18		Fingernail scratches are a type of abrasion, for
	19	example. Or if you fall and skin your knee on rough
	20	ground, that’s an abrasion.
	21	Q	And you used the term “superficial cut.”
	22	A	Yes.
	23	Q	What does that mean?
	24	A	A cut is sometimes called an incised wound, and I
	25	have referred to those by that term in my report.

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	1		But a cut or an incised wound is a wound that is
	2	made by a sharp cutting instrument where the skin is
	3	actually cut as opposed to being torn.
	4		A laceration, which I referred to previously, is
	5	also a break in the skin; but it’s caused by a tearing
	6	type effect.
	7		A laceration is a blunt injury that is produced
	8	by something that doesn’t cut, but tears.	Whereas, a cut
	9	or incised wound is a sharp force injury.
	10	Q	And that, as I understand, basically completed your
	11	observations as far as external examination; is that
	12	correct?
	13	A	In general, yes.
	14	Q	What did you do after that?
	15	A	Well, I took quite a bit of time to document in great
	16	detail the appearance of these external injuries because
	17	they were the most significant findings actually in the
	18	case.
	19		But after having done that, then I proceeded to
	20	do the autopsy itself. That is, I opened the major body
	21	cavities and examined all the major body organs and,
	22	again, dictated a written documentation of my findings.
	23	Q	Would you tell us generally what you found in regard
	24	to that internal examination?
	25	A	Yes. The internal findings of note were related to

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	1	the head and the skull and brain.
	2		The rest of the body, the internal exam really
	3	was not really relevant to the cause of death and was
	4	essentially normal.
	5		But at autopsy when the head was opened and the
	6	brain was examined, I found that there were multiple
	7	fractures of the skull, some of which I had already been
	8	able to see externally.
	9		But these involved not only the calvarium, or
	10	the upper rounded part of the skull, but also the floor or
	11	base of the skull on the inside.
	12		And that’s the part of the skull that lies just
	13	below the brain and begins right behind the eyes and goes
	14	back above the ear level and back to the back of the
	15	skull.
	16		The brain itself was also extensively injured.
	17	There was a very large area of bruising of the brain on
	18	the right side toward the back which corresponded to a
	19	large area of injury on the scalp and skull where many
	20	lacerations came together and produced a large, open
	21	defect in the scalp.
	22		There was also a large, open defect in the skull
	23	in that same area; and the brain was bruised extensively
	24	in that area.
	25		There were some bone fragments that had been

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	1	driven inward into the brain and had cut or lacerated --
	2	this really would be tearing, not cutting.
	3		So there were lacerations of the brain surface
	4	in the area where the bruising occurred.
	5		In addition to that, there were scattered
	6	bruises on other parts of the brain which were the result
	7	of transmitted forces from multiple blows that had been
	8	struck to the outside of the head.
	9	Q	Now, Doctor, I believe you say that you had occasion
	10	to photograph your various findings; is that correct?
	11	A	Yes.
	12	Q	Doctor, I’ll hand you now what’s been marked as
	13	State’s Exhibits 64 through 83 for identification
	14	purposes.
	15		Ask you, sir, if you would examine those and
	16	state for the record what those are.
	17	A	These are photographic prints which have been made
	18	from the 35 millimeter slide photographs that were taken
	19	under my direction at the autopsy.
	20	Q	And would each of those photographs truly and
	21	accurately depict what you observed at the time of the
	22	autopsy?
	23	A	Yes.
	24	Q	And, Doctor, prior to court, did we have occasion to
	25	match slides to those various exhibits in the numerical

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	1	sequence that we have them?
	2	A	Yes, we did.
	3	Q	And would it assist you in explaining to the jury
	4	your findings if we could show those to the jury?
	5	A	Yes, it would.
	6			MR. CORGAN: Your Honor, at this time, we
	7	would move the admission of State’s Exhibits 64 through 83
	8	and ask that Dr. Hemphill be allowed to show the slides to
	9	the jury.
	10			THE COURT: State’s 64 through 83 allowed.
	11	Q	(By Mr. Corgan) Doctor, I will leave the exhibits;
	12	and you need to, if you would, as we go through slides, if
	13	you would refer to the slides by exhibit number.
	14	A	The numbers are on the back? Is that --
	15	Q	The numbers on the back. Whenever you’re ready.
	16	A	This is Exhibit Number 64.
	17			JUROR: Your can’t see very well from back
	18	here. Can you pull the slide out a little bit, please?
	19		(MR. CORGAN COMPLIED WITH THE REQUEST)
	20	Q	(By Mr. Corgan) Is that okay for you, Doctor?
	21	A	Uh-huh.
	22	Q	Do you I need to move it back?
	23			THE WITNESS: Would anyone object if I
	24	stood down where I can see it better myself? It’s so
	25	close to me, it’s a little hard to see.

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	1		When I start talking about these injuries, I
	2	think it’s going to be a problem.
	3		         THE COURT: Trying to figure how you can
	4	get without blocking the jury as well. Can the jury all
	5	see that where it is now?
	6		         MR. CORGAN: Judge, I think we can maybe --
	7		         THE WITNESS: Would I be in the way if I
	8	stood close down here so I could see it a little better?
	9		         THE COURT: If he could stand to the side
	10	here and have a pointer.
	11		         THE WITNESS: Just if I got even down on
	12	that first step. It’s going to be difficult for me to see
	13	what I’m --
	14	Q	(By Mr. Corgan) Doctor, my only concern is that
	15	you’re close to the microphone.
	16	A	Right.
	17	Q	How about if we put you here?
	18	A	That’s fine with me.
	19	Q	And that way you’ll have the microphone and you can
	20	point whenever you need to. You can adjust that.
	21	A	Now, is everyone going to be able to hear me? All
	22	right. This is Exhibit Number 64. Do you want to ask
	23	specific questions, or do you want me to explain?
	24	Q	Doctor, why don’t you just point out to us your
	25	findings that you made in regard to each -- to Exhibit 64.

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	1		And then I may have some additional questions
	2	after you’ve completed your observations.
	3	A	This is a full-face view of the decedent; and, in
	4	addition to being an identifying photograph for our
	5	records, it also shows an abrasion on the cheek, which is
	6	this scratch mark that you can see where I’m showing with
	7	the pointer, and a small abrasion just to the inside of
	8	the left eyebrow up high on the bridge of the nose.
	9	Q	Now; Doctor, in your examination, can you make a
	10	determination as to whether specific injuries occurred
	11	before or after death?
	12	A	Usually.
	13	Q	And how are you able to make that determination?
	14	A	In general, injuries that occur either before death,
	15	or during the dying period when there’s still some blood
	16	pressure, will have what’s called a vital reaction.
	17		There will be at least a little redness or some
	18	bleeding into surrounding tissues.
	19		For example, a postmortem abrasion, that is,
	20	occurring after death, will often just have a yellowish
	21	parchmenty look.
	22		This mark up here has redness, the one on the
	23	bridge of the nose, as you can all see.
	24		If that had been done postmortem, it probably
	25	would not have had that redness.

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	1		It probably would have been very hard to see on
	2	a photograph and almost the same color as her skin. So,
	3	in general, that’s the way we can tell.
	4	Q	What about the other injury that you’ve shown us?
	5	A	Well, the same thing applies. This dark color --
	6	because of the light here, you can’t see exactly what
	7	color that is; but it’s kind of a reddish color.
	8		And that’s the result of a tiny amount of blood
	9	coming to the abraded surface. And, again, it indicates
	10	she probably was alive when this happened.
	11	Q	Doctor, do you have any opinion as to the type or
	12	what type of things could cause those type injuries, the
	13	abrasions, the observations you made?
	14	A	These, by definition, are blunt injuries. As to what
	15	could cause them, there are many things.
	16		Anything, for example, this small abrasion up
	17	here on the bridge of the nose, any rough object that
	18	struck that area -- a fingernail could do it.
	19		A pair of glasses if a blow struck and broke or
	20	pressed the sharp edge of the frame against that area
	21	could do it. She could have fallen against something
	22	during a scuffle.
	23		Probably in the environment where she died,
	24	there are many things we could look around and pick that
	25	could have caused something like that.

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	1	Q	The long abrasion on her cheek was produced by some
	2	semi-sharp, rather narrow object striking or dragging
	3	across there.
	4		It could be a fingernail. Could be some
	5	semi-sharp object, a very sharp corner of a table or
	6	something like that, for example, could do it.
	7	Q	Does that complete then your observations as to
	8	State’s Exhibit 64?
	9	A	Yes.
	10	Q	Would you proceed then to State’res Exhibit 65.
	11	A	This is 65, and this is a photograph of the left side
	12	of the decedent’s face, neck, and shoulder as she -- as
	13	the body was laying on the autopsy table.
	14		This shows the linear abrasion on the cheek that
	15	we’ve been talking about.
	16		You can also slightly see the little abrasion up
	17	there on the bridge of the nose where I’m showing with the
	18	pointer.
	19		There are one or two small, abraded areas
	20	visible on the side of the cheek, tiny, circular scratch
	21	mark.
	22		And then there’s an area of reddish-purple
	23	bruising or contusion on the left forehead in that
	24	hairline, which I’m pointing to just now.
	25	Q	In regard to that bruising, do you have an opinion as

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	1	to whether that particular bruise occurred before or after
	2	death?
	3	A	It occurred before death.
	4	Q	Would you have any other observations as to State’s
	5	Exhibit 65?
	6	A	No, I don’t believe so.
	7	Q	Please move on to 66.
	8	A	This is Exhibit 66. It shows a photograph taken with
	9	the decedent’s body lying face down on the autopsy table.
	10	Q	Let me put that in there better.
	11	A	Okay. You can see a part of the left side of the
	12	face with the little abrasions we’ve already talked about.
	13		But the thing of a special note is the back
	14	surface of the left shoulder which has several abrasions
	15	with some bruising or contusion around one of them
	16	especially.
	17		One is a long, curved abrasion that I’m showing
	18	you with my pointer here. It has surrounding bruising or
	19	contusion on either side of it.
	20		There’s another long scratch-type abrasion down
	21	over the shoulder blade. There are smaller scratch-type
	22	abrasions on the upper part of the back of the left arm.
	23		And just below those areas are some faint areas
	24	of bruising where I’m showing here.
	25		And then down lower on the left upper arm,

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	1	there’s a faint, bluish discoloration which was also
	2	bruising.
	3	Q	Doctor, as to those injuries, do you have an opinion
	4	as to whether they occurred before or after death?
	5	A	They occurred before death.
	6	Q	And, Doctor, again, if I were to ask you the type
	7	things that would cause those type injuries, would your
	8	answers be any different than what you told us previously
	9	about things such as a sharp edge of the table or a
	10	fingernail, those type things?
	11	A	No. The answer would be the same.
	12	Q	Is there anything more that you need to point out on
	13	State’s Exhibit 66?
	14	A	No, I don’t think so.
	15	Q	Please continue to 67.
	16	A	Sixty-seven is a photograph of the right hand and
	17	wrist showing what’s called the ulnar surface.
	18		The ulna is one of the bones in the forearm, the
	19	one that makes the little knobby part of our wrist here.
	20		And we’re looking at that wrist like I’m holding
	21	my arm as I’m showing you here.
	22		And the only thing that’s important here is that
	23	there are some reddish-purple bruises which, again, are
	24	blunt injuries and are the result of some blunt object
	25	impacting this, not scuffing the outer surface off, but

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	1	impacting and rupturing tiny blood vessels beneath the
	2	skin causing some bleeding under the skin. That’s what
	3	gives the red-purple color.
	4		You can also see on here the end of a little
	5	wound here. Let me refer to my notes. I wanted to be
	6	sure that I was not seeing the end of a superficial
	7	incised wound.
	8	No. This is a superficial abrasion, which I
	9	think we’ll see better in a few minutes. But it was on.
	10	the inside surface of the right wrist.
	11	Q	Again, Doctor, do you have an opinion as to whether
	12	these particular injuries occurred before or after death?
	13	A	They occurred before death.
	14	Q	And, Doctor, do you have an opinion as to the type
	15	things that could have caused that particular injury?
	16	A	As I said, this is a blunt injury. It’s different
	17	from the abrasions we’ve been talking about because it was
	18	not produced by a scraping motion of something rough on
	19	the surface, but by a blow of some blunt object to this
	20	area.
	21		Almost any object could do that. Some object
	22	swung like a club which struck that would do it, but also
	23	falling against some stationary object could do it.
	24	Q	Would that complete your observations of State’s
	25	Exhibit 67?

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	1	A	Yes.
	2	Q	Please proceed to Number 68.
	3	A	Sixty-eight is a view showing the left -- I’m
	4	sorry -- the right upper arm and elbow area and the right
	5	side of the chest.
	6		And the things of interest here are some
	7	abrasions that are visible in this photograph.
	8		And faintly visible -- and perhaps from where
	9	you are, you can’t see this. I can faintly see it here-.
	10		But there is some bruising, bluish bruising
	11	around this one abrasion over the biceps area here.
	12		There is also some bruising that is faintly
	13	visible in the shadowy area down here by the side of the
	14	elbow.
	15		But the primary reason for this photograph is to
	16	show these two areas of abrasion, and then there is
	17	another smaller area of abrasion up on the front part of
	18	the extreme upper right arm.
	19	Q	In that regard, Doctor, do you have an opinion as to
	20	whether those injuries occurred before death?
	21	A	They occurred before death.
	22	Q	Would that complete your observations as to State’s
	23	Exhibit 68?
	24	A	Yes.
	25	Q	Please continue to 69.

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	1	A	Sixty-nine is a photograph of the inside or underside
	2	of the left arm showing the armpit or axilla, as it’s
	3	called medically, part of the left side of the chest, part
	4	of the left side of the face.
	5		And we’ve already seen some of the things that
	6	are depicted here, so I’ll not mention them.
	7		But the one thing that we haven’t seen is this
	8	area of bluish bruising, which is fairly faint in this
	9	photograph, on the inside of the arm in the upper area
	10	near the armpit.
	11	Q	Would that also be characterized as a blunt injury?
	12	A	Yes, it would.
	13	Q	And do you have an opinion as to whether that
	14	occurred before or after death?
	15	A	It occurred before death.
	16	Q	Would that complete your observations as to Number
	17	69?
	18	A	Yes.
	19	Q	Please continue on to 70.
	20	A	Seventy is a photograph of the right hand and wrist
	21	showing the palm surface of the hand and the wrist.
	22		You’ll see a gloved hand holding a shiny metal
	23	forceps sort of pulling down the skin on the palm at the
	24	area below the little finger and near the wrist.
	25		That’s to demonstrate this wound that I’m

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	1	showing here with the pointer.
	2		    That was a very superficial incised wound, a cut
	3	as opposed to a scratch or a scrape. So it is a sharp
	4	force injury and not a blunt injury.
	5		    Also visible in the photograph is an abrasion,
	6	and I believe this is the abrasion we saw the tip end of
	7	in one of the other photographs.
	8		    Now, this -- and the photograph may look very
	9	similar to the incised wound; but careful examination made
	10	it clear that this on the wrist is an abrasion. It’s a
	11	scratch, a blunt injury.
	12		    This on the palm of the hand is a very
	13	superficial cut where the outer surfaces of the skin were
	14	actually cut by some sharp instrument or object.
	15	Q	Doctor, do you have an opinion as to whether those
	16	injuries occurred before or after death?
	17	A	It’s my opinion that they occurred before death.
	18	Q	Would that complete your examination as to Number 70?
	19	A	Yes.
	20	Q	Please continue.
	21	A	Number 71 is a photograph of the left hand and wrist
	22	showing what’s called the radial surface of the wrist.
	23		     That’s because the radius is the bone that runs
	24	along the forearm down to the wrist in this area.
	25		     For the record, this is also an area that’s

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	1	sometimes referred to as the anatomical snuff box because
	2	of the little boxlike depression that can be formed if you
	3	flex your thumb.
	4		And this shows an abrasion, another
	5	scratch-type -- No. I’m sorry. I’m going to have to
	6	correct this from my report here.
	7		That looks just like the abrasions in this
	8	photograph, but careful examination of that one also
	9	revealed that it was a very superficial incised wound. -
	10		The surface of the skin was cut by some sharp
	11	object, so it is a sharp injury and not an abrasion.
	12	Q	Now, Doctor, when you -- you first said “abrasion”
	13	and then you said “sharp injury,” you’re referring to
	14	something; is that correct? I mean, you’re referring to
	15	some notes?
	16	A	Yes. I’m looking at my report of autopsy and my
	17	diagram where I’ve detailed and labeled each of these
	18	injuries based on the way they appeared as I was looking
	19	directly at them.
	20	Q	And was that from when you were looking at that and
	21	physically doing the autopsy?
	22	A	Yes, it was.
	23	Q	Do you have an opinion as to whether those -- that
	24	injury occurred before or after death?
	25	A	It occurred before death.

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	1	Q	Did that complete your observations as to 71?
	2	A	Yes.
	3	Q	Please continue.
	4	A	Seventy-two is a photograph that shows the feet and
	5	ankles with primary attention to the top part of the left
	6	foot and ankle.
	7		And it shows an abrasion or actually two
	8	abrasions very close side by side on the front surface of
	9	the left ankle.
	10	Q	And would that be a before or after death injury?
	11	A	In my opinion, this is probably before death also.
	12	Q	Would that complete Number 72?
	13	A	Yes.
	14	Q	Please continue.
	15	A	Seventy-three is a photograph. I want to be sure
	16	that I don’t say right when I mean left or left when I
	17	mean right here because we’ve zoomed in so closely on this
	18	that I need to be very cautious about this.
	19		This is the left forearm and wrist area showing
	20	the surface adjacent to the little finger.
	21		This would be the little finger down here, and
	22	this is the hand held like I’m holding my hand here.
	23		And on the ulnar surface of the left wrist,
	24	which is right here on myself where I’m showing with the
	25	pointer, is an abrasion.

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	1		And then there are two other very superficial
	2	abrasions more toward the -- what’s called the ventral
	3	surface of the wrist.
	4		But the main reason for showing this photograph
	5	was to show this small abrasion that I’m pointing at right
	6	here.
	7	Q	And would you have an opinion as to whether that
	8	injury occurred before or after death?
	9	A	It occurred before death.
	10	Q	Please continue.
	11	A	Seventy-four is a photograph showing the left hand.
	12	This photograph was taken to demonstrate bruising on the
	13	back of the knuckles.
	14		Also some tiny areas of abrasion like this
	15	little circular area I’m showing here on the index finger.
	16		But primarily the bruising over the knuckles
	17	here of the middle and ring fingers and some small areas
	18	of bruising on the back of the hand.
	19	Q	Doctor, do you have an opinion as to how those
	20	particular injuries on the knuckles could have occurred?
	21	A	Well, they are blunt injuries; and they’re not
	22	scrape-type injuries, with the exception of this one
	23	little circular area.
	24		The major areas are bruising. They’re the
	25	result of a blow struck to this area by some blunt object.

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	1		The location of these, as well as some on the
	2	other hand, which I think we’ll see in a few minutes, are
	3	fairly characteristic in injuries, blunt injuries to the
	4	head in the cases I have seen.
	5		And though, of course, I didn’t witness any of
	6	these assaults myself, but I’ve seen so many with injuries
	7	like this that I strongly suspect that they occurred when
	8	the victim threw his or her hands up on top of the head in
	9	an effort to protect the head from blows.
	10		Not with the palms up like trying to catch the
	11	object, but with the palms down on the head in a sort of
	12	don’t-hit-me kind of posture.
	13		And the blows that were aimed at the head then
	14	will often hit the fingers.
	15		And I’ve seen fingers actually broken from those
	16	impacting the finger against the skull by the object.
	17		So that would be my guess that this is probably
	18	how these happened.
	19	Q	Do you have an opinion as to whether those injuries
	20	occurred before or after death?
	21	A	They occurred before death.
	22	Q	Please continue.
	23	A	Seventy-f ive is a photograph showing the front part
	24	of the right lower leg area of the shin.
	25		And just to the right of the shin bone, there is

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	1	an area of abrasion right here. It’s just a small
	2	scuff-type injury.
	3	Q	What type of injury would that be?
	4	A	It’s a blunt injury. It occurred before death. It’s
	5	a scrape-type injury from some rough object scraping
	6	against the skin.
	7	Q	Please continue. Now, Doctor, I notice you keep
	8	referring to your report itself as you look at the
	9	photographs. Why is that?
	10	A	Well, because the report has a diagram. It has
	11	several diagrams.
	12		But is has one total body diagram on which I
	13	labeled each of these wounds as I looked at them and as I
	14	directed someone to photograph them.
	15		And on a photograph like we’re looking at here
	16	where we can see such a small area of the object, it’s
	17	hard for me to identify exactly what I’m looking at.
	18		This is a small abrasion. It appears to be on
	19	one of the legs, and I’m not certain that I can identify
	20	precisely which leg it is on.
	21		I think it’s a different view of this -- the one
	22	that we looked at.
	23		As a matter of fact, I’m certain now. I can
	24	compare the two by looking at the photograph in my hand
	25	and this other one on the screen.

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	1		This is a closeup view of that abrasion on the
	2	right lower leg, the front part of the right lower leg.
	3		And it is the same injury as was depicted in
	4	Exhibit Number 75.
	5	Q	Would that complete your observations as to that?
	6	A	Yes, it would.
	7	Q	Please continue.
	8	A	Seventy-seven is a photograph showing the front part
	9	of the right arm, the inside of the forearm, and the
	10	inside of the right elbow.
	11		If the head is off to your right, this is the
	12	elbow.
	13		And right here, this little red dot that I’m
	14	pointing at inside the front of the elbow is a needle
	15	puncture, probably associated with attempts to treat and
	16	resuscitate her.
	17		But here on the midpart of the forearm is a very
	19	faint reddish-purple bruise that I’rem showing with the
	19	pointer.
	20	Q	And, again, would you have an opinion as to whether
	21	that occurred before or after death?
	22	A	It occurred before death.
	23	Q	Please continue.
	24	A	Exhibit 78 is a photograph of the right hand showing
	25	the fingers, and it shows multiple bruised areas over the

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	1	tips of the fingers beginning at the knuckle area -- not
	2	the knuckle that joins the finger to the hand, but the
	3	next knuckle out toward the end of the fingers on the ring
	4	finger that you can see a bruise there.
	5		And then the ring ringer, the middle finger, and
	6	the index finger has areas of bruising further out toward
	7	the tips of the fingers.
	8		And this is the photograph I mentioned briefly
	9	earlier when we were looking at the other hand.
	10		The bruises are very similar, except they’re
	11	more extensive on this hand.
	12		And, again, they’re very consistent with a
	13	defensive-type posture of the hands during the assault.
	14	Q	Would that also be an injury that occurred before
	15	death?
	16	A	Yes, it would.
	17	Q	Please go on to 79.
	18	A	Seventy-nine is a photograph of the top part of the
	19	left shoulder.
	20		The head is over here to the right. You can see
	21	some of her hair here.
	22		This is the top of the left shoulder, and this
	23	is an area of bruising. It’s irregular in shape.
	24		It’s got some what we call linear or elongated
	25	and then narrow areas of more intense bruising scattered

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	1	through it. I think that’s really all I can say about it.
	2	Q	What type injury is that?
	3	A	Well, this is a blunt injury. It’s due to impact by
	4	some blunt object which ruptured blood vessels beneath the
	5	skin.
	6	Q	Would that be an injury that occurred before death as
	7	well?
	8	A	Yes.
	9	Q	Please continue, Doctor.
	10	A	Number 80 is a view of the inner surface of the right
	11	wrist. We’ve seen this same area from a different view.
	12		Up here in the palm of the hand just below the
	13	gloved finger is this red streak, which I told you before
	14	was a cut, a superficial incised wound.
	15		And then down here on the wrist and lower
	16	forearm area is this abrasion or scratch-type mark across
	17	the wrist.
	18	Q	Does that complete your observations as to 80?
	19	A	Yes.
	20	Q	Please continue.
	21	A	Eight-one is a photograph of the decedent’s right
	22	shoulder. She’s lying face down on the table in this
	23	photograph.
	24		Her head is to the right. This is the edge of
	25	her hair. You can see here her neck, and this is the

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	1	right shoulder.
	2		The right shoulder has an irregular-shaped area
	3	of reddish-purple bruising, not exactly the same but very
	4	similar to the one we saw on the other shoulder.
	5		It also has at least one linear area of
	6	bruising. That is, a long narrow portion in the midst of
	7	just a lot of irregular bruised appearing tissue.
	8	Q	Doctor, do you know the bruises or the injuries as to
	9	either the right shoulder or the left shoulder -- or do
	10	you have an opinion as to whether they have any
	11	relationship to the head injuries that we’ll see later?
	12	A	Well, they certainly could. They are blunt injuries,
	13	and so are the injuries to the head.
	14		And so they could have been caused by the same
	15	object that caused the other injuries.
	16		Their location on the top of the shoulders might
	17	suggest that they were caused by blows that were aimed at
	18	the head that either missed and struck the shoulders or
	19	possibly hit the head in a glancing fashion and the object
	20	went on down and impacted the top of the shoulders.
	21	That’s a possible explanation.
	22	Q	Proceed to Number 82, please.
	23	A	Exhibit 82 is a photograph of the right side and part
	24	of the back of the decedent’s head after quite a bit of
	25	the hair has been shaved away so that I could examine the

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	1	wounds and see exactly what they looked like.
	2		It shows a large, irregular torn area of scalp
	3	with broken skull visible where I’m pointing here through
	4	the defect.
	5		The shiny, pearly-gray material I’m pointing at
	6	here is what’s called the dura mater, which is a fibrous
	7	membrane between the skull and the brain.
	8		This material that I’m showing you here that has
	9	a kind of a yellowish and pink-modeled color is brain
	10	tissue that’s coming out of a tear in the dura.
	11		And this is a very irregular area of laceration,
	12	and it is caused by multiple blows repeatedly struck to
	13	this area tearing the scalp extensively, breaking the
	14	skull, and even lacerating the brain.
	15	Q	Doctor, when you say “multiple blows,” can you put
	16	any -- can you quantify that in any way?
	17	A	Well, not very easily because, number one, we don’t
	18	know exactly what the object was; so we don’t know how
	19	large its striking surface might have been.
	20		But because of the many different branches and
	21	shapes here and because some of the isolated injuries
	22	which are on other parts of the scalp -- and one of which
	23	you can see here on the back -- because many of them are
	24	not more than an inch or an inch and a half in length, it
	25	would be my best opinion that we’re dealing with -- I’d

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	1	hesitate to even estimate, but possibly as many as 10 or
	2	maybe even 15 or 20 different blows to this area on -- so
	3	many of them occurring on top of or partly on top of the
	4	one that preceded it.
	5	Q	Doctor, you mentioned that sometimes when someone
	6	received wounds to the head and they put their hands up in
	7	a defensive-type manner -- and we saw the bruising on the
	8	fingers -- depending on the force, can you still receive
	9	injury to the head as we see in this exhibit?
	10	A	You mean with the same blow that struck the hand --
	11	Q	Yes.
	12	A	-- could it also -- Well, probably not unless it
	13	broke the fingers in the process.
	14	Q	All right. Do you have an opinion as to whether
	15	these particular injuries that you have observed to the
	16	head occurred before or after death?
	17	A	In my opinion, they occurred before death.
	18	Q	Please continue to 83.
	19	A	Eighty-three is another photograph of the decedent’s
	20	head. In this photograph, she’s lying face down on the
	21	autopsy table; and we’re looking at the head from above
	22	the head looking down on it.
	23		We see the top of the head here and the back
	24	part on the right side of the back and the right side that
	25	we were looking at before where all these injuries were

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	1	I’m showing with my pointer.
	2		And then there are other injuries that are
	3	visible here over in the midline of the back of the head
	4	down in the left side and back and up at the top near the
	5	midline going across down on to the left side.
	6		It just shows multiple blunt injuries, most of
	7	which are lacerations with some areas of abrasion and
	8	bruising around the edges.
	9	Q	Doctor, do you have an opinion as to whether those
	10	injuries occurred before or after death?
	11	A	Yes. They occurred before death.
	12	Q	Now, Doctor, as we look at the various injuries, is
	13	there any way for you to determine of the manner in which
	14	as far as which came first?
	15		I don’t know if I’m asking my question very
	16	well. Do you understand what I’m trying to ask you?
	17	A	Which of these many blows may have been first?
	18	Q	Yes.
	19	A	No, I can’t tell.
	20	Q	And as to the other injuries, say, to the shoulders
	21	or various areas, can you make any determination as to
	22	when those occurred?
	23	A	No.
	24	Q	Would that then complete your observations as to
	25	these slides?

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	1	A	Yes, I think, unless you want me to elaborate on the
	2	lack of specific patterning here. I think that is an
	3	important observation.
	4	Q	What do you mean by that, Doctor?
	5	A	Well, there’s nothing about these lacerations that,
	6	to me, anyway, are characteristic and typical of some
	7	specific instrument.
	8		Most lacerations of the scalp in my experience
	9	are not typical of any specific instrument.
	10		But, occasionally, you see something that, you
	11	know, that would tip me off and make me say, hey, this is
	12	probably this or that.
	13		In this case, I don’t see anything that’s --
	14	that would indicate that.
	15	Q	So what does that mean? What are you telling us?
	16	A	Well, it means that I just don’t know what the object
	17	was; and I don’t see anything here that gives a very clear
	18	indication of what it was.
	19	Q	Doctor, let me show you what’s been marked as State’s
	20	Exhibit Number 62 for identification purposes.
	21		I’ll just -- I know you have your hands full.
	22	I’ll go ahead and hand you the contents. Would you State
	23	what that is?
	24	A	Well, this is a what I believe is usually called a
	25	ball-peen hammer.

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	1	Q	Doctor, do you have an opinion as to whether that
	2	hammer could have caused the injuries to the head that you
	3	have observed when you did the autopsy to Mrs. Allen?
	4		         MR. CARLSON: Object to the form of the
	5	question, Your Honor. Not a proper predicate.
	6		         THE COURT: Rephrase your question.
	7	Q	(By Mr. Corgan) Doctor, based on your autopsy and
	8	the observations you made, can you —— do you have an
	9	opinion as to whether that particular hammer could have
	10	been used for those injuries?
	11		         MR. CARLSON: Same objection, Your Honor.
	12	Not a proper predicate.
	13		         THE COURT: You may answer. You may
	14	answer.
	15	A	The question is could it have caused them?
	16	Q	(By Mr. Corgan) Yes.
	17	A	My opinion is, yes, it could have.
	18	Q	Can you exclude that as being used to cause those
	19	injuries?
	20	A	No, I cannot.
	21	Q	Doctor, if I might have that back. And if you’ll go
	22	ahead and take your seat, I have a few additional
	23	questions for you.
	24		     Now, Doctor, without displaying these to the
	25	jury, I’ll hand you what’s been marked as State’s Exhibits

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	1	84 through 89 for identification purposes and ask you to
	2	examine those and state what those are.
	3	A	I’m sorry. We’ve got a leaky cup here. You want me
	4	to state what these are; is that correct?
	5	Q	Yes.
	6	A	Eighty-four is a photograph or a photographic print
	7	made from a 35 millimeter slide that was taken at the
	8	autopsy.
	9		And all of these -- without saying that again
	10	and again, all of these are photographic prints made from
	11	the slides taken under my direction on this particular
	12	autopsy.
	13		So 84 is a photograph showing the right side of
	14	the decedent’s head before any of the hair has been shaved
	15	away.
	16		It shows the large injury that we’ve been
	17	looking at with the lacerated scalp, the fractured skull
	18	fragments.
	19		Most of the things we could see here, but
	20	without the hair being shaved away to see the exact detail
	21	of the lacerations and their shape.
	22	Q	What does 85 show?
	23	A	Eighty-five is a photograph of the decedent’s brain
	24	after it was removed for examination, and it shows
	25	bruising of the left side and the inferior surface of the
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	1	left frontal lobe, several scattered bruises in those
	2	areas.
	3	Q	Now, Doctor, in regard to State’s Exhibit Number 85,
	4	how are those bruises shown or evidenced by the
	5	photograph?
	6	A	By dark, reddish-black patches on the brain surface,
	7	which and the brain surface in general is reddish-pink
	8	with small blood vessels being visible.
	9	Q	In that regard, does that indicate any manner whet-her
	10	the injury to the brain occurred before or after death?
	11	A	It occurred before death.
	12	Q	Would that complete your observations as to 85?
	13	A	Yes, it would.
	14	Q	Continue on to 86.
	15	A	Eighty-six is a photograph of the bottom side or
	16	inferior surface of the brain. It shows areas of bruising
	17	on the inferior surfaces of both frontal lobes, on the
	18	tips and inferior surfaces of both temporal lobes, and on
	19	the inferior surface of the left lobe of the cerebellum.
	20	Q	And would that bruising be evidenced as the same way
	21	that it was in Number 85?
	22	A	Yes, by reddish-black patchy discoloration.
	23	Q	Would that also indicate that those were before death
	24	injuries?
	25	A	Yes, they were.

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	1	Q	Please proceed to 87.
	2	A	Eighty-seven is a photograph of the top surface of
	3	the brain taken from kind of behind the brain as it was
	4	laid on the examining table.
	5		And it shows patchy areas of bruising on the
	6	right and left occipital lobes.
	7		It also shows the -- part of the area of intense
	8	bruising in the right posterior part of the brain in the
	9	area called the right parietooccipital lobe area.
	10		That’s the area immediately beneath where the
	11	large area of laceration and fracturing were present on
	12	the scalp and skull.
	13	Q	Now, Doctor, in regard to the blunt injury there to
	14	the brain, would you tell us the surfaces that the object
	15	would go through in order to get to the brain?
	16	A	Yes. It would have to go through hair. We sometimes
	17	forget that, but sometimes there’s quite a bit of hair in
	18	the way.
	19		Go through hair. It has to go through scalp,
	20	which is the skin on -- overlying the skull.
	21		It has to go through the skull, which is the
	22	bone, of course.
	23		It has to go through the dura, which is the
	24	heavy fibrous membrane covering the brain between the
	25	surface of the brain and the inside surface of the skull.

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	1	Q	Then it reaches the brain?
	2	A	Then it reaches the brain surface.
	3	Q	And would that indicate that that injury occurred
	4	before death?
	5	A	Yes, it did.
	6	Q	Would you proceed to 88.
	7	A	Eighty-eight is a photograph of the right side of the
	8	brain.
	9		And it shows the large area of bruising and
	10	laceration on the right side of the brain that was
	11	immediately beneath the area of injury that we’ve looked
	12	at on the other photographs the area of laceration and
	13	skull fracture on the right side of the head.
	14	Q	And, again, would that indicate the injury occurred
	15	before death?
	16	A	Yes.
	17	Q	And Number 89, what does that show?
	18	A	Number 89 is a photograph showing the interior of the
	19	skull taken from directly above after the top of the skull
	20	has been removed and the brain has been lifted out.
	21		This shows the base of the skull, and it shows
	22	some areas of fracturing of the base of the skull that
	23	were associated with the blows to the top and side part of
	24	the head.
	25	Q	What do you mean by “fracturing”?

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	1	A	Breaking of the bone.
	2	Q	And do you have an opinion as to whether that
	3	occurred before or after death?
	4	A	It occurred before death.
	5	Q	Doctor, based upon your examination and autopsy, do
	6	you have an opinion as to the cause of death in this case?
	7	A	Yes, I do.
	8	Q	What is that, please?
	9	A	That the cause of death was blunt head injuries.
	10	Q	And do you have an opinion as to the manner of death?
	11	A	Yes. I’ve categorized this death as a homicide.
	12	              MR. CORGAN: I believe that’s all.
	13	              THE COURT: Is there anyone in the jury
	14	that needs a break before we start with other questioning?
	15	Anybody? Mr. Carlson.
	16	              MR. CARLSON: Your Honor, we need to
	17	approach the bench for a minute.
	18	          (AN OFF-THE-RECORD DISCUSSION WAS HELD AT
	19	         THE BENCH BETWEEN COURT AND COUNSEL)
	20	              MR. CARLSON: If you could give me a
	21	minute, Your Honor, to get organized. Just one second,
	22	and then we’ll be ready.
	23	              THE COURT: Certainly.
	24	------------------------------------------------------------------------
	25	                   CROSS-EXAMINATION

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	1	BY MR. CARLSON:
	2	Q	Dr. Hemphill, I’m going to need you -- if you don’t
	3	mind	standing a little while longer, I need you to step
	4	down and run that carousel. We have ours organized in a
	5	little bit different fashion.
	6		     If you would pull up that first one for us, if
	7	you would, please.
	8	A	(The witness complied with the request).
	9	Q	Now, that is photo number 9, which is Exhibit Number
	10	70.	Let me ask you, Doctor, that indicates, as I
	11	understand it, a cut; is that correct?
	12	A	I’m sorry. What was the question? It indicates --
	13	Q	It indicates a sharp cut; is that correct?
	14	A	Yes, this does. It’s a very superficial injury, but
	15	it is a sharp force injury.
	16	Q	Would you agree with me, Doctor, that that type of
	17	cut	could be consistent with a knife?
	18	A	Yes, it could.
	19	Q	And it’s not the same type of injury as a scratch or
	20	tear, is it, sir?
	21	A	No, it isn’t.
	22	Q	Can you give us the next one?
	23	A	(The witness complied).
	24	Q	Now, this I think you said dealt with the left
	25	anatomical snuff box; is that correct?

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	1	A	It appears to be, yes.
	2	Q	And this also is a cut, is that not correct, Doctor?
	3	A	Yes. This is the one I said looking at the
	4	photograph, it’s hard to tell.
	5		But when I looked at it with the -- with my own
	6	eyes, I documented it and diagramed it as a cut.
	7	Q	Would it also, Doctor, be consistent with a knife?
	8	A	Yes.
	9	Q	And if you would give us the next one, please.
	10	A	(The witness complied).
	11	Q	Now, as I understand it, this has a sort of a sharper
	12	protruding area at one point; is that correct?
	13	A	Which are you referring to? This?
	14	Q	Yes. Could you describe that particular --
	15	A	That is, that is a scratch. It’s an abrasion.
	16	That’s not the cut we were looking at before. And what
	17	are you referring to? The fact that it sort of tapers
	18	down?
	19	Q	Yes.
	20	A	Yes. You can see back here where I’m showing with
	21	the pointer, it’s a little wider. It’s not a wide wound
	22	anywhere along, of course; but it’s a little wider here.
	23		Then it gets narrow at one place, and then it
	24	widens out slightly and gets narrow and then widens out
	25	and then trails off into a very, very sharp, it appears,

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	1	scratch.
	2	Q	If that particular mark were made with an instrument,
	3	it would have to be a semi-sharp type instrument.
	4	Wouldn’t you agree?
	5	A	Well, it wouldn’t have to be any sharper than a
	6	fingernail, for example; but, yes, I suppose we could say
	7	semi-sharp in that sense.
	8	Q	I’m talking about if it were some type of a steel
	9	object, it would have to be somewhat of a semi-sharp
	10	object, wouldn’t you agree?
	11	A	Yes, at least as sharp as a screwdriver, for example,
	12	or something like that.
	13	Q	If we could go to the next one.
	14	A	(The witness complied).
	15	Q	With regard to this particular photograph, it widens
	16	out at the bottom, I’ll say the bottom, down toward the
	17	armpit; is that correct?
	18	A	Are we talking about this long abrasion here?
	19	Q	Yes, sir.
	20	A	Yes, that’s correct. There is a widened, very
	21	superficial abrasion and with some contusion. beneath it
	22	down toward the armpit area.
	23	Q	And with regard to that particular type mark, if it
	24	were made with an object -- with an instrument, it would
	25	have to be also a semi-sharp type object, would it not,

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	1	Doctor?
	2	A	Well, it appears -- I’m looking at the narrowest part
	3	now because that would be the part that would indicate how
	4	sharp the object or how narrow it may have been.
	5		And it’s not nearly as narrow as that little
	6	scratch we were looking at on the arm.
	7		So semi-sharp in the sense that the sharp edge
	8	of a table or something, maybe sharper than this -- it’s
	9	hard to tell exactly how sharp it was. It didn’t cut.
	10		It made a fairly broad, if I could say fairly
	11	broad for a narrow mark. It’s fairly broad in its
	12	scratching area here.
	13		Then some part of it appears to have been wider.
	14	I really don’t know what kind of object we’re talking
	15	about here.
	16	Q	If it were made with an object, though -- I guess my
	17	point is, Doctor, that it would have to be something,
	18	although it may be somewhat wide, it would have to have a
	19	semi-sharp quality, wouldn’t you agree?
	20	A	Somewhere along, it appears, yes, that it has a
	21	semi-sharp edge.
	22	Q	If you would give us the next one, please.
	23	A	(The witness complied).
	24	Q	Although that one’s upside down, I think we can cover
	25	with what we need.

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	1	As you look at that, that is a particular mark
	2	which you designated it could be consistent with the mark
	3	made by glasses, is that correct, the one right on the
	4	bridge of the nose?
	5	A	This one right here, yes.
	6	Q	I guess what we’re talking about is the pad part of
	7	the glasses; is that correct?
	8	A	Well, it’s not in the right location for the nose
	9	pad. I was just simply saying that one thing you could
	10	think of would be if a person were wearing glasses and
	11	something -- they fell against something or something hit
	12	them and maybe the frame was bent or broken, a part of the
	13	frame, some part above the nose pad might do that.
	14		That -- I’m not suggesting that that’s what it
	15	was. That’s just one thing that comes to mind.
	16		It could very easily be something that scratched
	17	or struck her there either as she fell or during the
	18	assault.
	19	Q	But it would be consistent with the top part of the
	20	glasses if driven into the face.
	21			MR. CORGAN: It’s been asked and answered.
	22			THE COURT: You may answer.
	23	A	Yes, it would be.
	24	Q (By Mr. Carlson) Now, let me ask you a question. We
	25	do know, do we not, from medical science that bruising

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	1	will occur even though you’re unconscious? Isn’t that
	2	correct, Doctor?
	3	A	Yes, that’s true.
	4	Q	And, obviously, the reason that we know that is
	5	because although you may be unconscious, why, your heart
	6	would still be pumping; is that correct?
	7	A	Yes. And as long as blood pressure in the those
	8	vessels that are rupture, blood can, and usually will,
	9	ooze out under the skin. That’s where you get a bruise-.
	10	Q	If you could give us the next slide, please, Doctor.
	11	A	(The witness complied).
	12	Q	If you could go to the next one.
	13	A	(The witness complied).
	14	Q	With regard to this particular slide, I notice that
	15	this appears to me to be the left ankle; is that correct,
	16	sir?
	17	A	Yes.
	18	Q	And this is either, one, a small abrasion or scratch.
	19	Would you characterize it as a scratch?
	20	A	Well, a scratch is sort of a lay term for certain
	21	kinds of abrasions. These are all abrasions as far as the
	22	medical description.
	23		I usually think of scratch, but this is just my
	24	colloquialism maybe as being an elongated thing, a mark
	25	made like some of these others we’ve seen like the end of

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	1	a screwdriver or a fingernail or something might make.
	2	But, yes, you could call this a scratch.
	3		Actually, what it looks like is that there are
	4	two little abraded areas right side by side. I’m not-sure
	5	how to explain that, but they are abrasions.
	6	Q	Would you say if we characterize it as a scratch, it
	7	would be consistent with like a fingernail would cause,
	8	Doctor?
	9	A	Well, consistent with, but not really characteristic.
	10	It certainly couldn’t be ruled out.
	11	Q	If you would give us the next one, please.
	12	A	(The witness complied).
	13	Q	Now, with regard to this particular photograph, there
	14	appears to be a large, irregular area about, what, three
	15	to three-and-a-half inches in greatest dimension? Is that
	16	correct?
	17	A	It appears to me that that’s correct, about three
	18	inches.
	19	Q	With -- intermingled within that, if I understand
	20	your testimony correctly, there are scratch marks also,
	21	are there not?
	22	A	Well, I haven’t called these scratch marks. They are
	23	actually not abrasions. They’re linear contusions, and
	24	they are bruising like the other.
	25		But they appear to be the result of some ridged

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	1	type object either pressing very hard against this during
	2	impact causing a little bit more bleeding where the ridge
	3	is impacted, or possibly by a dragging -- as the blow was
	4	struck, a dragging across there which didn’t scuff the
	5	skin to make it an abrasion but did rupture a few more
	6	blood vessels and capillaries in that area so that you get
	7	an elongated, series of elongated little bruises overlying
	8	the other major bruised area.
	9	Q	If you would go to the next one, please, Doctor.
	10	A	(The witness complied).
	11	Q	We have what is -- although that’s upside down, we
	12	can see the bruising in the area underneath the arm, can
	13	we not, Doctor?
	14	A	Yes, right here.
	15	Q	And is that type of bruising -- it would appear that
	16	that’s a relatively protected area of the arm, is it not?
	17	A	Yes, it is.
	18	Q	And in order for that to happen, that would be
	19	consistent with the particular person having their arm up,
	20	would it not?
	21	A	Yes. That would be one explanation. 
	22	Q	Okay. If you would give us the next one, please.
	23	A	(The witness complied).
	24	Q	Here we have a picture, if I understood your
	25	testimony correctly, Doctor, the knuckles of the hand; is

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	1	that correct?
	2	A	Yes.
	3	Q	And that’s the left hand?
	4	A	Yes.
	5	Q	Would you agree with me that if a person were to
	6	swing backhanded at a perpetrator that those type marks
	7	could be consistent with swinging and hitting something or
	8	swinging and missing? That those could be consistent with
	9	that type of a swing.
	10	A	Well, they are consistent with the hand swinging and
	11	hitting something. They’re not consistent with it missing
	12	something. It had to hit something to cause this.
	13		    But if you mean missing the perpetrator and
	14	hitting something else instead, yes.
	15	Q	Next photograph.
	16	A	(The witness complied).
	17	Q	Likewise, with these particular photographs, we can
	18	see the bruising on the fingers also.
	19		    And those also would be consistent or could be
	20	consistent with a backhanded swing where either you hit
	21	the perpetrator and missed and hit some other object,
	22	would you agree with that, Doctor?
	23	A	Yes, I would.
	24	Q	Give us the next one, please.
	25	A	(The witness complied).

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	1	Q	Doctor, this is -- you need to orient. This is,
	2	what, the right side and slightly the back of the head; is
	3	that correct?
	4	A	Yes. I showed this from a different -- in the way
	5	that we took it reversed around; but it’s the same.
	6		This is with the decedent in an upright
	7	position. Actually, she’s lying on the table.
	8		But if we imagined her standing upright, this
	9	would be the top of her head.
	10		And this is the back of her head. The midline
	11	is about right here.
	12		The face is turned to her right somewhat, and
	13	this large area here that I’m showing is the right side
	14	and right back and side of her scalp.
	15	Q	Give us the next photograph, please.
	16	A	(The witness complied).
	17	Q	Now, this particular photograph shows also the back
	18	of the head, does it not?
	19	A	Yes. I need to move. Just one second. Not that
	20	far. The reason I’m moving around is I think this thing
	21	is reversed so that I can’t -- I think what looks like
	22	right on here is actually left.
	23		Since I haven’t just looked at it with these
	24	other photographs, I’m having to kind of orient myself
	25	from my --

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	1	Q	If I actually hand you the photograph, would it help?
	2 	 A	Yes. This is reversed in there, but that may not be
	3	of any great importance for what you want to ask. This is
	4	the back of the head with the multiple lacerations.
	5	Q	When you say “reversed,” can you tell me what you
	6	mean?
	7	A	Well, the way this is in there, this -- the yellow
	8	color here was light leakage.
	9		This was a first shot on the end of the film,
	10	and so it wasn’t a very good photograph. Except half of
	11	it is certainly okay.
	12		The front of the face is over here where the
	13	yellow area is. This is the back of the head.
	14		The way this is in here, this suggests that this
	15	is the right ear over here; but in actuality, that is the
	16	left ear.
	17		And this thing is -- no, okay. Let’s turn it
	18	this way. This will do.
	19		All right. If we look at it like this, this
	20	represents the back of the head with the right ear not
	21	visible but down here.
	22		The large area of injury to the right side and
	23	the back of the scalp is just barely visible here at the
	24	bottom of the picture.
	25		The left ear is up here where I’m showing with
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	1	the pointer. okay. That’s all right. We can do it that
	2	way.
	3	Q	We' re in there okay?
	4	A	We’re re in there all right now.
	5	Q	And that, again, shows the injury pattern, does it
	6	not, sir?
	7	A	Yes, it does.
	8	Q	If you could go ahead and take your seat and let me
	9	talk to you just a minute.
	10		Doctor, as you viewed the particular injury
	11	pattern in regard to this particular case, you would agree
	12	with me, would you not, that you saw nothing that was
	13	particularly characteristic of the injury pattern of a
	14	ball-peen hammer; isn’t that correct?
	15	A	That’s correct.
	16	Q	All right. We know from experience that when you
	17	have a hammer, one of the characteristic marks that you
	18	may well get from any type of hammer with a driving
	19	surface is a half-moon indentation; isn’t that correct?
	20	A	That’s right. If the driving surface actually
	21	strikes the scalp, you often do get that. 
	22	Q	By the same token, we know also that another type of
	23	injury pattern that is specifically characteristic of the
	24	use of a hammer is what we call a star-shape, is it not?
	25	A	Yes.

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	1	Q	Would you explain to the ladies and gentlemen of the
	2	jury what you mean by star-shaped pattern?
	3	A	This is a pattern of laceration which is more likely
	4	to occur if the striking surface of the hammer hits flat
	5	as opposed to any angle, flat against a relatively flat
	6	part of the scalp.
	7		What happens is the skin is split between the
	8	hammer and the skull, and the splitting may take a three-
	9	or four-pronged shape.
	10		And then between the prongs, there will often be
	11	an area of bruising or abrasion that’s almost circular and
	12	about the same size as the striking surface of the hammer.
	13		I’ve seen those once or twice in cases where it
	14	was almost certain that a hammer had been used.
	15		So if you see that, you have a pretty good
	16	indication that something like a hammer, either the
	17	striking surface of a hammer or the squared-off end of a
	18	large metal rod or something like that, might have caused
	19	the injury.
	20	Q	We saw none of that star-shaped type of injury
	21	pattern in this particular case, did we, Doctor?
	22	A	No, we didn’t.
	23	Q	Now, we talked about being unconscious. Doctor,
	24	would you agree with me that in this particular case when
	25	almost all of the blows were struck to the back of this

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	1	particular individual’s head that that particular
	2	individual, in all likelihood, was unconscious?
	3	A	Yes. It would be my opinion that after probably no
	4	more than one or two blows of those really hard blows in
	5	that area where so many were struck that after the first
	6	one or two of those, she probably lost consciousness.
	7		The fact that there’s a fairly concentrated area
	8	of striking in the same area suggests that she was not
	9	moving and trying to protect herself or moving around when
	10	the rest of the blows were struck.
	11		So that -- all of that would suggest to me that
	12	she was rendered unconscious very quickly and then hit
	13	repeatedly after that after she’d already lost
	14	consciousness.
	15	Q	Doctor, you have been a medical examiner for some 13
	16	years; is that correct?
	17	A	In Oklahoma, yes.
	18	Q	And, Doctor, in your 13 years of experience, you’re ye
	19	had occasion to be involved in various and different types
	20	of violent crimes, I’ll say -- use those words -- have you
	21	not?
	22	A	Yes.
	23	Q	And, Doctor, would you agree with me from your
	24	experience, you have seen cases where an individual has
	25	come in and surprised someone particularly completely

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	1	unknown to them and yet that particular person has
	2	rendered the type of damage we see in this particular
	3	case.
	4	A	Yes, I have.
	5	Q	Even though they didn’t know them.
	6	A	As far as anyone was able to determine, yes, that’s
	7	correct.
	8	              MR. CARLSON: Your Honor, we would move for
	9	the admission of Defendant’s Exhibit 6.
	10	              MR. CORGAN: We have no objection.
	11	              THE COURT: Defendant 6 allowed.
	12	              MR. CARLSON: That’s all we have at this
	13	time.
	14	Q	(By Mr. Carlson) Thank you, Doctor.
	15	              THE COURT: Redirect?
	16	---------------------------------------------------------------
	17	                 REDIRECT EXAMINATION
	18	BY MR. CORGAN:
	19	Q	Now, Doctor, if I understand correctly, you didn’t
	20	see this, what I believe you characterized as a star-shape
	21	or a round-type thing that’s characteristic of a hammer?
	22	A	That’s correct.
	23	Q	Does that mean because you didn’t see that, you must
	24	exclude the hammer?
	25	A	No.

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	1	Q	Why not?
	2	A	Well, the problem with excluding an instrument just
	3	because you don’t see a characteristic pattern is that
	4	instruments often have various surfaces that can be used
	5	or can impact a person when wounding occurs.
	6		For example, a hammer does have the ordinary
	7	striking surface or surfaces.
	8		A ball-peen hammer, for example, has the what
	9	I’ll call the driving surface. Although, I think
	10	ball-peen hammers are usually designed to shape metal.
	11	Q	Doctor, let me hand you the hammer since you’re
	12	talking about a hammer. Tell us what you mean.
	13	A	Well, all hammers have this ordinary striking surface
	14	that I’m pointing to here. If it’s a carpenter’s hammer,
	15	it’s intended to drive nails.
	16		If it’s a ball-peen hammer, I think this is
	17	usually intended to shape metal or something.
	18		But, anyway, I’ll refer to it as the usual
	19	striking surface.
	20		Ball-peen hammers have another striking surface,
	21	the ball area, which I’m not a metal worker, but I believe
	22	is used for shaping metal or peening rivets and things
	23	like that.
	24		So it has two striking surfaces that when it’s
	25	used as intended as a tool and not as a weapon, one or the

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	1	other of those surfaces would be -- would strike whatever
	2	you’re striking.
	3		But -- and if either one of those is used in an
	4	assault, they are likely to leave fairly characteristic
	5	marks.
	6		And if I’m looking at a case and I see nice
	7	circular or half-moon shaped marks in the skull -- scalp
	8	and/or skull or a star-shaped mark or a round area of
	9	indentation in the skull that looks like it would match- a
	10	hammer or either surface of a hammer, then I can say this
	11	is likely to be either a hammer or something with a
	12	similar striking surface.
	13		But if I don’t see those things, I have to be
	14	very careful that I don’t jump to the conclusion, well, it
	15	can’t be a hammer.
	16		Because if you look at a hammer, hammers
	17	actually have several different surfaces that can be used
	18	quite effectively as weapons.
	19		In the first place, if the hammer is grasped in
	20	the usual manner, it may not only be struck by one of the
	21	intended striking surfaces, but it can be struck against
	22	the side, some portion of the side.
	23		And since nobody really knows in any individual
	24	case, even if the hammer is thought to be the weapon,
	25	nobody knows how the perpetrator may have been holding it.

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	1		We have to be careful because if the side, some
	2	portion of the side of this hammer strikes a skull, it’s
	3	not going to leave the typical round or crescent-shaped
	4	marks that we associate with hammer injuries.
	5		As a matter of fact, it may leave marks that
	6	can’t be distinguished from a mark left by a two by four,
	7	a tire iron, a piece of pipe or something like that.
	8		In addition to that, the handle of the hammer
	9	makes a very effective club.
	10		And grasping a hammer by the head like this and
	11	using it like a club can produce blunt injuries which are
	12	indistinguishable from injuries caused by a pipe or the
	13	edge of a two by four or something like that.
	14		Another thing, if we’re just thinking about
	15	possibilities, is that a hammer can be grasped like this
	16	and can be used to pound in the same way that a person
	17	might pound another in the head with a rock in his hand or
	18	something.
	19		And if that were done, then this surface here or
	20	some part of it would cause the splitting of the skin and
	21	wouldn’t be expected to leave any kind of a typical nice
	22	little circular mark.
	23		And I guess while we’re at it, we also could say
	24	that -- and I’m not suggesting how probable this would
	25	be -- but even the butt of a hammer handle could be used

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	1	just like I’ve seen people bludgeoned with the butt of a
	2	gun when it was being held in the usual shooting position
	3	and hammered into somebody’s head.
	4		Of course, in that case, you would expect -- or
	5	1 would expect to see some circular marks from the butt of
	6	the handle similar to a driving surface.
	7		But I think I’ve talked about probably six
	8	different surfaces that are present on this particular
	9	instrument, any one of which could cause blunt injuries to
	10	the head.
	11		Three of those surfaces would not be expected to
	12	produce circular or crescent-shaped marks that are usually
	13	associated with hammer injuries.
	14		So I’m not suggesting that a hammer was or was
	15	not used here. I don’t know.
	16		All I’m saying is that I do not believe that I
	17	can logically and scientifically exclude this instrument.
	18	I think it could have caused these injuries.
	19	Q	Doctor, as to this issue of unconsciousness, what
	20	area of injuries were you referring to?
	21	A	In relation to the question of was she unconscious
	22	when most of these -- I was referring to this large area
	23	of injury on the right side and back of the head.
	24		And what I said or meant to be saying was that,
	25	in my opinion, she was probably unconscious when most of

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	1	these repeated blows were struck because they all -- you
	2	know, they were so forceful, it would appear that after
	3	one or two had been struck, she probably could not have
	4	stayed conscious.
	5		And then the fact that they’re all concentrated
	6	in one area suggests that she wasn’t moving around trying
	7	to get away.
	8		That she may have been unconscious maybe face
	9	down with the perpetrator standing over her or kneeling
	10	over her.
	11	Q	Now, do we have other head injuries?
	12	A	Yes, we did.
	13	Q	And where were those located?
	14	A	We saw some of them in these photographs, but there
	15	were quite a number of lacerations on the back of the
	16	head, the scalp.
	17		There were -- and I’m just looking at my diagram
	18	for reference here -- what appears to be 10 or 11 separate
	19	points of impact separate from this big area.
	20		These were located on the back and slightly
	21	around to the left on the head.
	22	Q	Is there anything about those particular injuries
	23	that would indicate to you that Mrs. Allen would
	24	necessarily have been unconscious when she received those?
	25	A	Not that she necessarily would have been. They did

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	1	not produce any fracturing of the skull. They did split
	2	the scalp.
	3	         And so though they were not as hard blows as
	4	these that ultimately broke the skull on the other side,
	5	they wouldn’t have done her any good.
	6	         And it’s possible that one or more of those --
	7	one or some combination of those could have rendered her
	8	unconscious.
	9	         So she might have been -- if those blows came
	10	first, she might have been unconscious from one or more of
	11	those before any of these were struck on the right side.
	12	              MR. CORGAN: I believe that’s all.
	13	------------------------------------------------------------------
	14	                  RECROSS-EXAMINATION
	15	BY MR. CARLSON:
	16	Q	Doctor, would you agree with me that it would be
	17	particularly unusual for somebody to have struck the
	18	victim in this particular case as many times as she was
	19	struck and yet not have struck her at some point with the
	20	driving surface or one of the driving surfaces of this
	21	particular instrument we’re talking about? 
	22	A	Well, I can’t agree with you because I don’t know
	23	how -- if this were the instrument, I have no way of
	24	knowing how the perpetrator may have been holding it.
	25	         So, you know, that -- it would be easy for me or

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	1	for you or for some member of the jury to think, well,
	2	that just makes sense. It probably would have to be that
	3	way.
	4		But it’s that kind of reasoning that I have been
	5	trained to avoid and I try to avoid.
	6		That would be speculation, and I just really
	7	don’t have any way of answering that.
	8	Q	Wouldn’t you agree with me, Doctor, that the normal
	9	way that you pick up a hammer of this nature would be you
	10	grasp it by the handle?
	11	A	Well, again, I don’t know the answer to that because
	12	a hammer is not intended to be used as a weapon. It’s
	13	intended as a tool.
	14		And I don’t know how to answer that. Anyone who
	15	would beat someone to death with a hammer is not an
	16	average person.
	17		So even if I knew what the average person would
	18	do when he picked up a hammer, it wouldn’t apply here.
	19		And even if I knew what the average hammer
	20	murderer does, you know, if I’d interviewed 100 and asked
	21	them how they prefer to hold the hammer while they beat
	22	people to death, I still wouldn’t know how to apply that
	23	information to any specific case. So I don’t know the
	24	answer to that.
	25	Q	You wouldn’t agree with me that if you’re a normal

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	1	person that if you’re going to pick up the hammer, you’d
	2	pick it up like that?
	3	A	I’m sorry. I can’t agree with that because this
	4	person was not a normal person I think we could say by
	5	definition. And even then, I don’t know.
	6		I have personally seen hammers used as clubs
	7	to -- by using the handle by grasping it with the head.
	8		I’ve seen it used when I was a teenager among
	9	domestic rabbit raisers, they use that as a means of
	10	quickly and painlessly killing rabbits for slaughter.
	11		And I have no way of knowing whether, you know,
	12	a person might like to use a hammer that way. So I just
	13	can’t answer the question.
	14	Q	Do you recall testifying at the preliminary hearing
	15	in this matter?
	16	A	Yes, I do.
	17	Q	Do you recall the discussion between you and I in
	18	that regard?
	19	A	I think I recall that question related to what a
	20	normal person might do was asked.
	21		But I don’t remember exactly how it was asked,
	22	and I don’t remember what I answered.
	23	Q	Aren’t there a number of blows that struck in this
	24	particular case that would certainly, if a person were
	25	holding a hammer by the handle, that would certainly give

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	1	us an opportunity to see a characteristic mark by one of
	2	the driving surfaces if we assume, since you’re here as an
	3	expert, if we assume that they were holding it by the
	4	handle?
	5	A	If we assume that he was holding it by the handle and
	6	if we assume that he was not intentionally striking with
	7	the flat side, then I would expect in all of these blows
	8	to see one or more that had a characteristic shape of a
	9	striking surface.
	10	Q	That’s what we didn’t see, correct?
	11	A	That’s --
	12	0	That’s --
	13	A	We didn’t see, yes. We did not see those
	14	characteristic marks.
	15	Q	So you cannot give us any opinion then, if I
	16	understand you, as to how likely it is that somebody would
	17	hold a hammer like this and hit with this side.
	18	A	No, I really can’t.
	19	Q	Would you agree with me that would be somewhat
	20	awkward to hold it across the handle like that?
	21			MR. CORGAN: Judge, I think we’re getting
	22	into speculation now.
	23			THE COURT: If you can answer it.
	24	A	Well, I really can’t. My answer -- you know, I’m
	25	here as an expert, not as an ordinary person who’s trying

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	1	to say whether it’s awkward to hold a hammer.
	2		It would depend on the person. You know, some
	3	people maybe like to hold hammers that way. I don’t know.
	4		I think that’s out of my area of expertise. I
	5	think it would just be speculation.
	6		And I wouldn’t want to give an answer that would
	7	somehow carry some credibility that it shouldn’t just
	8	because I’m here qualified as an expert. I can’t answer
	9	that. I don’t know the answer.
	10			MR. CARLSON: Your Honor, we would like to
	11	mark and introduce the hammer at this point.
	12			MR. CORGAN: Judge, it’s already been
	13	marked as State’s Exhibit 62. We have no objection to it
	14	being admitted.
	15			MR. CARLSON: We go ahead and move its
	16	admission at this time.
	17			THE COURT: Sixty-two allowed then.
	18			MR. CARLSON: That’s all we have, Your
	19	Honor.
	20			MR. CORGAN: I have nothing further.
	21			THE COURT: Thank you very much. Doctor,
	22	you may step down.
	23			THE WITNESS: Thank you.
	24			THE COURT: Counsel.
	25		(AN OFF-THE-RECORD DISCUSSION WAS HELD AT THE

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