4(B)
1	(FOR PREVIOUS TRANSCRIPTION, SEE VOLUME I
2	OF JURY TRIAL PROCEEDINGS. THE FOLLOWING
3	PROCEEDINGS WERE HAD ON JULY 24, 1991.)
4		THE COURT: All right. Show the jury's
5	back all present. Call your next witness for the state.
6		MR. CORGAN: State would. call at this time
7	Lynette Lee.
8	----------------------------------------------------
9	                      LYNETTE LEE
10	having been first duly sworn to tell the truth, the whole
11	truth, and nothing but the truth, testifies as follows:
12	                  DIRECT EXAMINATION
13	BY MR. CORGAN:
14	Q	State your name please, ma'am.
15	A	My name is Lynette Lee.
16	Q	Miss Lee, what is your business, profession or
17	occupation?
18	A	I'm employed as a criminalist with the Oklahoma State
19	Bureau of Investigation at the regional laboratory in
20	Tahlequah.
21	Q	Would you tell us please, m'am, what a criminalist
22	is and what a criminalist does?
23	A	criminalist is a person that scientifically
24	analyzes evidence submitted in criminal cases.
25	Q	And could you tell us please, ma'am, your educational

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1	background and training and job experience you have in
2	this area?
3	A	I have a Bachelor of Science Degree from Northeastern
4	State University in Biology. I also have 25 hours in
5	chemistry. I've attended the Oklahoma Basic Police
6	Academy, the O.S.B.I. academy, the F.B.I. course in basic
7	forensic serology, the F.B.I. course in hair and fiber
8	identification. I've been employed with the O.S.B.I. for
9	seven years. During that -- the first year I was under
10	direct supervisonal training. My specialty is forensic
11	serology, which means I identify and characterize
12	physiological fluids and stains. I also do hair
13	comparisons. I've attended various schools and
14	specialized schools and seminars through my training with
15	the O.S.B.I.
16	Q	Have you had occasion in the past to be recognized by
17	the district courts of the State of Oklahoma as an expert
18	witness in your area?
19	A	Yes, I have.
20	Q	And could you tell us, ma'am, on how many occasions?
21	A	Approximately 70.
22	Q	And would that include the district courts of
23	Washington County?
24	A	Yes.
25		MR. CORGAN: Your Honor, at this time we

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1	would ask that Miss Lee be recognized as an expert in the
2	fields of forensic serology and hair identification.
3	THE COURT:	So reflect.
4	Q	(By Mr. Corgan) Miss Lee, did you have occasion to
5	examine any articles in regard to this case?
6	A	Yes, I did.
7	Q	And as a result of that examination, did you have
8	occasion to issue one or more reports?
9	A	Yes, I have.
10	Q	I'd like to ask you about some of those items at this
11	time. In regard to the items, would you tell us a little
12	bit about how you receive various items, just generally
13	how your lab works as far as receipt of evidence and those
14	type things and how you know where you got the things that
15	you did in fact analyze.
16	A	Items are submitted to the O.S.B.I. laboratories by
17	other law enforcement agencies or by the O.S.B.I. agents.
18	Items are submitted in various containers, such as brown
19	paper sacks, envelopes, paper bindles, which is just a
20	sheet of paper that is folded in such a way as to keep a
21	small sample within it, and various other containers.
22		Upon submittal to the O.S.B.I. we have what
23	is known as a submittal sheet, which includes the person
24	that is submitting the evidence, and if it is transported
25	to the Tahlequah laboratory by any other person there is

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1	also a place to put the transporting officer on there and
2	also the agency that they are with. There is also other
3	case information such as the offense, the date of the
4	offense, the county, the suspect, the victim and a
5	description of the evidence and a request for the analysis
6	to be performed on that evidence.
7	Q	Now, Miss Lee, prior to your testimony we've had some
8	testimony about various items of evidence taken into
9	custody, and those items were assigned particular numbers
10	by Mr. Franchini. My question to you, ma'am, would his
11	number, his assigned number, necessarily be the same
12	assignment number that you would give the item?
13	A	No, it would not.
14	Q	So we could, in fact, be talking about the same
15	items, but it would be different numbers whether we looked
16	at your list or his list, is that correct?
17	A	That is correct.
18	Q	Now, in regard to your analysis, let me call your
19	attention -- well, strike that. Let me ask you this
20	first. Can you tell us how many items you've had occasion
21	to examine in this particular case?
22	A	76.
23	Q	Let me ask you, first of all, on your report, would
24	you tell us what item number one would be?
25	A	Item number one is a small ziplock bag containing

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1	glass vial with yellow stopper containing a blood sample
2	from Sandra Allen.
3	Q	How did you receive that item?
4	A	That item was received from Dennis Franchini of the
5	O.S.B.I.
6	Q	And why did you receive that particular item?
7	A	I was asked to do blood typing on this particular
8	item.
9	Q	And why would you be asked to type the victim's
10	blood?
11	A	This is to establish the ABO blood grouping of the
12	victim.
13	Q	And did you do that?
14	A	Yes, I did.
15	Q	And would you tell us what your results were in that
16	regard?
17	A	I found that Sandra had human blood group 0.
18	Q	Now, can you tell us a little bit about how it is you
19	go about determining the type of blood?
20	A	In the blood typing there are different procedures or
21	testing procedures that we go through. First we have to
22	establish that it is blood. This is done by placing a
23	drop of the substance on a microscope slide, which is just
24	a glass slide, and placing a cover slip over it and
25	placing a chemical in between and heating that. Then you

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1	I take it off the hot plate and look at it under a
2	microscope and look for the presence of crystals. It is
3	this presence of crystals that will confirm that it is
4	actually blood.
5		After we have determined that it is blood I
6	have to determine what species of origin that it is or
7	whether it is human blood or whether it is from another
8	animal. This is done by using a Petri dish, which is just
9	a small circular plastic container. We put an agar gel in
10	it, which would be -- it's a gelatin type thing which
11	would be similar to something like clear Jell-O.
12	We put holes in this gel and then we --
13	after we put the holes in the gel then we put a sample in
14	the holes. We use -- in here we use known human blood or
15	anasera, and then we use antihuman, which will react.
16	It's the proteins migrating through the gel that cause the
17	reaction in this, and what will form is -- it's the
18	visible precipitin line. It's just a chemical reaction
19	that you can see, and this will form between antihuman and
20	the human, if it is human, confirming the presence that it
21	is human blood to this point.
22		Once we have determined that it is human
23	blood we will go into the typing. The typing is broken
24	down into two different parts, the forward test and the
25	reverse test. The forward test consists of determining

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1	the antigen that is present on the red blood cell which
2	indicates the blood as a group. The reverse test will
3	confirm the antibodies that are present in the serum and
4	it will confirm the blood as a group.
5	Q	Now, Miss Lee, as you go through that three-step
6	process or as you're able to attempt to type them, can you
7	always make all those determinations, first that it's
8	blood, second that -- what species its come from, and
9	third, the type?
10	A	No, you cannot always do all of those.
11	Q	And what factors would affect your ability to do
12	that?
13	A	One of the main things that I run into is the size of
14	the sample that I am working with. Each test will take up
15	part of the sample and, therefore, if you have a very
16	small sample you cannot get through all of the tests.
17	Q	You talked in typing blood that you do a forward test
18	and a reverse test, is that correct?
19	A	Yes, it is.
20	Q	And you say the forward test tells you what?
21	A	The forward test tells you the antigen that is
22	present on the red blood cell. It indicates the blood
23	grouping.
24	Q	And what is important about a determination as far as
25	the antigens?

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1 	A	Well, the antigen that is on the red blood cell, for
2 	example, if I was human blood group A, I would have
3 	antigen A on my red blood cell, and I have to determine
4 	what that antigen is to -- in order to determine the
5 	actual blood group. And then I would go on and try to
6 	confirm what the blood group was by doing the reverse
7 	test.
8 	Q	Do you have instances where you can do the forward
9 	test but not the reverse test?
10 	A	Yes.
11 	Q	And what would affect that?
12 	A	It would be the size of the sample also.
13	Q	Let's say you have a situation where you can complete
14	the forward test but not the reverse test. Will the
15	simple fact of doing the forward test tell you anything in
16	regard to typing?
17	A	The results of the forward test will give you an
18	antigen. The antigen will indicate the blood group,
19	however, you would of had to have done the reverse test in
20	order to confirm the blood grouping.
21	Q	And what would be the relationships of the antigens
22	to the various blood groupings?
23	A	The antigen indicates the blood as a group. Antigen
24	A	would indicate blood group A, antigen B would indicate
25	blood group B, antigen A and antigen B together would

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1	 indicate the blood group AB, and antigen H is the antigen
2 	that correlates to blood group 0.
3 	Q	So if you have that -- those antigens present but you
4	cannot do the reverse test, what does that tell you?
5	A	It would give you the antigen activity that was
6	present.
7	Q	And what, if any, conclusions can you draw from that?
8	A	What I do is I report out the antigen and if asked I
9	can tell you what blood group it would indicate; however,
10	that blood grouping would not be confirmed by the reverse
11	test.
12	Q	Let's talk about the reverse test for a second. You
13	said something about it has to do with the relationship of
14	antibodies, is that correct?
15	A	Yes.
16	Q	Tell us what you do in that regard and what that
17	determines.
18	A	The antibodies are proteins that are present in the
19	serum, and they are basically opposite of the antigens
20	that are present. If you have antigen A then you would
21	have an antibody to B, and that -- it's the combination of
22	these two tests together that would confirm the blood
23	group.
24	Q	So then in regard to item number 1, you were in fact
25	able to do the three determinations that you told us

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1	about. You were able to determine blood, species and
2	type, is that correct?
3	A	Yes, it is.
4	Q	So from what you've told me, you were able to
5	complete all of what I'll call four tests?
6	A	Yes.
7	Q	Tell us what your item number two is.
8	A	Item number two is a white envelope containing a
9	paper bindle containing scalp hair from Sandra Allen.
10	Q	Why was that submitted to you?
11	A	This was submitted as a known head hair sample from
12	Sandra Allen.
13	Q	Why would you need that?
14	A	The known head hairs are needed in order to do hair
15	comparisons. We were need to establish what the known
16	hairs are in order to determine what to compare the
17	unknown hairs to them.
18	Q	Tell us what you do as you make a hair analysis.
19	A	What I do is I first will measure the hairs and then
20	I will place them on microscope slides, which are just
21	glass slides. I will put a mounting media, which is
22	basically a sticky substance, on this and put a glass
23	cover slip over it in order to hold the hairs onto the
24	glass slide.
25	After this is allowed to dry I will look at

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1	this under what is known as a comparison microscope. A
2	comparison microscope is actually two microscopes that are
3	side by side that are joined by a bridge, and you have one
4	set of eyepieces. And you look through this one set of
5	eye pieces and you can do a side by side comparison from
6	what is on one microscope to what is on the other
7	microscope.
8		In hair comparisons I will put the known
9	head hairs from a person or the known pubic hairs,
10	depending on what I'm dealing with, on one side of the
11	microscope. On the other side or on the other microscope
12	I will put the unknown hairs or the question hairs that we
13	are trying to figure out who they -- the characteristics
14	represent.
15	Q	Now, Miss Lee, if I were to -- you did not know this,
16	but if I were to take -- pull two hairs out of my head,
17	give you one and say, Miss Lee, that's a known head hair,
18	and then later give you another and ask you to compare it,
19	could you tell me then that that is my hair?
20	A	No. Hair comparisons are not absolute, they are not
21	like fingerprints. You cannot say that one hair
22	absolutely came from a certain person. What you do is you
23	establish through the characteristics that are present in
24	that hair and you compare the characteristics and you look
25	for any differences that might be there.

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1	Q	Let's take my same scenario. I give you my hair and
2	then I will pluck a hair from the court reporter and I
3	give that to you. Now, what can you tell us in regard to
4	that analysis?
5	A	Well, between the two I can tell you right off the
6	length is going to be different. I do not use one hair or
7	two hairs for a known hair comparison. What I need, I
8	need at least 24 as a minimum that I work with and often I
9	request a lot more than that, up to around 40 or 50.
10		And I take all these and I establish a
11	known range, because not all the hairs that you have on
12	your head are exactly alike. There can be differences.
13	For example, on my head there are brown hairs, and that's
14	the primary hair color that you see; however, also in my
15	head I also have red hairs and I also have blonde hairs
16	and I have a few gray hairs that I try to keep hidden but
17	they're there. But anyway, not all the hairs on my head
18	are exactly alike.
19		What you do is you try to get enough hairs
20	in the known sample so that you can establish a range that
21	that person's hair probably falls into. And after you've
22	established that range that is when you start doing your
23	hair comparisons to the unknown hairs that have been
24	found.
25	Q	Can you exclude hairs? You've told us that you can't
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1	say these have come from the same source, but can you
2	exclude hairs as coming from the same source?
3	A	Yes.
4	Q	And how do you do that?
5	A	It is done the same way. It's done microscopically.
6		There are different things to determine if they did come
7	from a different source. For example, someone's hair may
8	be very similar throughout their -- the hairs that you
9	have for the known sample and the hair that you have may
10	be very different. I mean, you can do it by race, you can
11	do it by length if, you know, if there's definitely not
12	that length on that person's head. But the majority is
13	done by the microscopic characteristics that are in the
14	hair.
15	Q	As you examine or make your hair examinations, can
16	you make any determinations as to how that hair left the
17	source?
18	A	Yes, sometimes you can.
19	Q	Okay. And what can you do in that regard?
20	A	The root of the hair is the area that you look at to
21	determine whether a hair has been forcibly removed or
22	whether it fell out naturally. Hairs fall out naturally
23	all the time. We are constantly shedding hairs.
24	The root, which is the part that is
25	actually in your head, will -- they exhibit different

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1 	characteristics depending on what growth stage it is in.
2	A	mature hair will have a very bulbous root and it will
3	have not tissue attachment to it. And this -- if you find
4	one of those that would indicate that it very well could
5	have fallen out on its own. It does not absolutely say
6	that it did because there will be hairs in your head that
7	are in the mature phase. But there is an indicate there
8	that it could have fallen out on its own. However, if you
9	find a hair that has an immature root, which is going to
10	be elongated and it might have some type of tissue
11	attachment, then that is going to indicate that there was
12	some degree of force that was required to remove that
13	 hair.
14	Q	What about if a hair is cut? Can you make any
15	determination as to that?
16	A	You can tell if a hair has been cut, yes.
17	Q	And would that be the same way, through your
18	microscopic examination?
19	A	Yes. All of the hair comparisons are done through
20	the microscope.
21	Q	What is your item number 3?
22	A	Item number 3 is a white envelope containing a paper
23	bindle, containing vaginal hair, pubic, from Sandra Allen.
24	Q	And, again, what was the purpose in that being
25	submitted?

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1	A	I believe this -- yes. This is her known pubic hair
2	from Sandra Allen, and this was also submitted to
3	establish the range within her pubic hair to do the hair
4	comparisons with.
5	Q	We've talked about the head hair, we've talked about
6	pubic hair. In regard to head or pubic hair and
7	examinations made as to those, is your examination
8	technique any different?
9	A	The technique is not different. I mean, you go
10	through the same steps to do a hair comparison.
11	Q	Now, other than head hair, pubic hair, is there any
12	other type hair?
13	A	There's what I call body hairs, and that would be any
14	hairs that are found on the body that are not strictly
15	head or strictly pubic.
16	Q	And is there anything you can do in regard to
17	examination of those?
18	A	The body hairs exhibit very few microscopic
19	characteristics. They are so short and so small that they
20	just exhibit very few characteristics and, therefore, the
21	O.S.B.I. is not doing hair comparisons with them.
22	Q	And when you say body hair, would that be like the
23	hair that came off my arm?
24	A	It could be, yes.
25	Q	What is your item number 4?

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1	A	Item number four is a white envelope containing a
2	paper bindle containing comb from vaginal area.
3	Q	I'm sorry. I did not ask you as to I believe the
4	last three items, two, three and four, how you received
5	those?
6	A	These were all submitted by Dennis Franchini of the
7	O.S.B.I.
8	Q	When did you receive those?
9	A	On June the 13th, 1990.
10	Q	And did you make any examination in regard to item
11	number four?
12	A	 Yes, I did.
13	Q	And what did you do in regard to item number 4?
14	A	What I did with item number 4 was a hair comparison,
15	and I compared these to Sandra Allen's known pubic hairs.
16	Q	And what, if any, determination did you make?
17	A	I found that five pubic hairs were consistent
18	microscopically to known pubic hairs from Sandra Allen and
19	could have come from the same source. I found that one
20	pubic hair fragment was similar microscopically to hairs
21	from Sandra -- to known Sandra Allen pubic hairs. I also
22	found body hair.
23	Q	Now, in regard to item number 4, would you explain
24	what a vaginal combing is and the purpose in submitting
25	that to you?

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1	A	A vaginal combing to me would be where you take a
2	comb and you run it through the vaginal -- the hair in the
3	pubic area around the vagina. This would be to pick up
4	any loose hairs.
5		Hairs sometimes are transferred and this
6	would pick up, if there had been a transfer of hair, this
7	would pick up the hairs that were loose there in the pubic
8	area.
9	Q	And why would that transfer -- the possibility of a
10	transfer of hair be important to you?
11	A	A transfer of hair could indicate, for example, if
12	it's in the pubic area if there has been a rape involved,
13	the suspect might have lost some of his pubic hair and it
14	might have become entangled or it might be in the pubic
15	area of the victim.
16	Q	And in regard to your analysis of that vaginal
17	combing, did you find any hairs that were not consistent
18	with coming from Mrs. Allen?
19	A	No, I did not.
20	Q	What is your item number 5?
21	A	Item number 5 is a white envelope containing paper
22	bindle containing hairs found in left hand.
23	Q	And this would be the left hand of whom?
24	A	Of Sandra Allen.
25	Q	How did you receive that item?

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1	A	That was received from Dennis Franchini of the
2	O.S.B.I.
3	Q	And would that be on the same date that you've told
4	us about?
5	A	Yes.
6	Q	And did you make an analysis as to the hairs found in
7	Mrs. Allen's left hand?
8	A	Yes, I did.
9	Q	And what did you determine as a result of that?
10	A	I found one head hair that was consistent
11	microscopically to known head hairs from Sandra Allen and
12	could have come from the same source. This hair has been
13	broken at the root end of the hair.
14		One head hair is consistent microscopically
15	to known head hairs from Sandra Allen, however, it had
16	limited characteristics for comparison purposes thus
17	making an inconclusive result as to the source.
18		I found one head hair fragment that was
19	similar microscopically to Sandra Allen's known head hair.
20	Q	What, if anything, does it mean to you that one of
21	the hairs was broken?
22	A	To me it would mean that there would be something
23	that would cause the hair to break. Hairs do not
24	naturally break when they fall out. They will -- the root
25	and the entire hair will fall out. They will not break

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1	off unless there is something that is causing it to break
2	off.
3	Q	Would that be consistent with someone receiving head
4	injuries grabbing for their head area and trying to ward
5	off a blow and getting hair in that manner?
6		MR. CARLSON:	Objection. Not a proper
7	predicate.
8		THE COURT:		Sustained.
9	Q	(By Mr. Corgan)	In what instances -- can you give me
10	any instances that you would expect to find a broken hair
11	like that?
12		MR. CARLSON:	Your Honor, I would have the
13	same objection. I don't think this witness is qualified
14	in that particular area. She's been recognized in hair
15	analysis and serology.
16		THE COURT:		Are you able to answer his
17	question? Do you understand his question?
18		THE WITNESS:	Yes, I do understand his
19	question.
20		THE COURT:		You may answer.
21	A	There would be some degree of force that would cause
22	a hair to break. Blunt injuries to the head is commonly
23	or commonly causes hairs to break. Other things would be
24	if you ran into the side of a door facing and broke a hair
25	if you hit it with the side of your head or something.

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1	That would cause hairs to break.
2	Q	(By Mr. Corgan)	In regard to item number 5, did you
3	find any hairs that were not consistent with having come
4	from the victim?
5	A	No, I did not.
6	Q	What is your item number 6?
7	A	Item number 6 is a white envelope containing a paper
8	bindle containing hair found in right hand of Sandra
9	Allen.
10	Q	Who did you receive that from?
11	A	I received that from Dennis Franchini of the O.S.B.I.
12	Q	And when did you receive that?
13	A	On June 13th, 1990.
14	Q	And did you -- what analysis did you do on that?
15	A	I did a hair analysis on that.
16	Q	And what did you determine?
17	A	I found 11 head hairs that were consistent
18	microscopically to known head hairs from Sandra Allen and
19	could have come from the same source. 9 of the 11 hairs
20	were consistent with hairs that had been forcible removed.
21	2 of the 11 hairs had been broken near the root end of the
22	hair. I found one head hair that was consistent
23	microscopically to known head hairs from Sandra Allen,
24	however, it had very limited characteristics for
25	comparison purposes, thus making an inconclusive result as

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1	to source. I found one head hair fragment that was
2	similar microscopically to known head hairs from Sandra
3	Allen.
4	Q	In regard to item number 6, did you find any hairs
S	that were not consistent with having come from the victim?
6	A	No, I did not.
7	Q	What is your item number 9?
8	A	Item number 9 was a white envelope containing a paper
9	bindle containing two vaginal swabs.
10	Q	And can you tell us please, ma'am, what a vaginal
11	swab is the the purpose in submission of the swab to you?
12	A	A vaginal swab would be swabs that are inserted into
13	the vagina and the secretions are then on the swab and
14	they are dried and they are submitted to the O.S.B.I.
15	primarily to check for the presence of seminal fluid.
16	Q	And who did these vaginal swabs come from?
17	A	These were submitted by Dennis Franchini of the
18	O.S.B.I.
19	Q	And can you tell us where he got those from?
20	A	These are samples from the -- that the medical
21	examiner took.
22	Q	And they pertain to what person?
23	A	Sandra Allen.
24	Q	And what did you determine as a result of your
25	analysis of item number 9?

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1	A	I did not detect any seminal fluid.
2	Q	What does that mean?
3	A	That means there was no indication of any sexual
4	activity.
5	Q	What is your item number 10?
6	A	Item number 10 is a white envelope containing a paper
7	bindle containing two oral swabs.
8	Q	And what is an oral swab?
9	A	An oral swab would be swabs that are placed in the
10	mouth and the secretions from the mouth would then be on
11	the swabs. The swabs are allowed to air dry and then they
12	are submitted for testing for the presence of seminal
13	fluid.
14	Q	And what, if any, determinations did you make as a
15	result of your examination of those oral swabs?
16	A	I did not detect any seminal fluid.
17	 Q	And, again, would those items have come from Sandra
18	Allen?
19	A	Yes.
20	Q	What is your item number 11?
21	A	Item number 11 is a white envelope containing a paper
22	bindle containing two anal swabs from Sandra Allen.
23	Q	And what, if any, analysis did you perform on those?
24	A	I checked these swabs also for the presence of
25	seminal fluid.

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1	A	And did you detect any?
2	A	No, I did not.
3	Q	Tell us about your item number 17.
4	A	Item number 17 is a small brown envelope containing
5	one gold Seiko Quartz watch with stains from kitchen
6	counter to the right of the kitchen sink.
7	Q	Now, Miss Lee, in each instance you've been reading a
8	description and a location, is that correct?
9	A	Yes.
10	Q	How do you get the information as to the locations of
11	the item?
12	A	The location of the item is either given to me on the
13	submittal sheet, which is the sheet that is attached that
14	had the date of the offense and the suspects and victims
15	and things like that, or it is given to me on the package
16	that the item is in.
17	Q	And that would be written on the package?
18	A	Yes.
19	Q	Who did you receive item number 17 from?
20	A	From Dennis Franchini from the O.S.B.I.
21	Q	And what did you do in regard to item number 17?
22	A	I checked for the presence of blood and hairs.
23	Q	And what, if any, determinations did you make?
24	A	I found a stain of human blood with antigen H
25	activity, and I did not find any hairs.

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1	Q	I don't recall. Did you tell us whether this was a
2	man or woman's watch?
3	A	I didn't tell you. It would be a man's watch.
4	Q	What is your item number 26?
5	A	Number 26?
6	Q	Yes.
7	A	Would be a brown paper sack containing two wood
8	sticks from living room carpet in front of TV.
9	Q	And what did you determine as a result of your
10	analysis of those?
11	A	I did not detect any blood and I did not find any
12	hairs.
13	Q	What is your item number 33?
14	A	33 is a small brown envelope containing paper bindle
15	containing large -- excuse me -- containing sample of
16	large red stain on dining room floor.
17	Q	And what, if any, determinations did you make as a
18	result of that?
19	A	I found a stain of human blood group 0. I also found
20	21 head hair fragments that were similar microscopically
21	to known head hairs from Sandra Allen.
22	Q	And who -- who submitted that to you and when?·
23	A	That was submitted on June 13th, 1990, by Dennis
24	Franchini of the O.S.B.I.
25	Q	And would that have been the same as to the other

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1	items?
2	A	Yes.
3	Q	Okay. Miss Lee, I'm going to assume, as we go
4	through these items, that you received them from Mr.
5	Franchini on the 13th. If that's not how, would you tell
6	us please, ma'am?
7	A	Yes.
8	Q	Rather than me ask you each time. What is your item
9	number 42?
10	A	Item 42 is a small brown envelope containing paper
11	bindle containing sample of red stain from exterior of TV
12	screen in living room.
13	Q	And what, if any, determination did you make as to
14	that?
15	A	I found a stain of human blood with antigen H
16	activity.
17	Q	Item number 43?
18	A	Item number 43 is a small brown envelope containing
19	two pieces of glass from broken window in patio door in
20	living room.
21	Q	And did you analyze that?
22	A	Yes, I did.
23	Q	And what determination did you make?
24	A	I found blood, however, I could not determine the
25	species of origin because there was an insufficient

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1	sample.
2	Q	What do you mean by insufficient sample?
3	A	That means there wasn't enough of the stain there to
4	determine whether it was human blood or not.
5	Q	Item number 45?
6	A	Item number 45 is a small brown envelope containing
7	one piece of bone like material from carpet in front of
8	kitchen sink.
9	Q	And what did you determine as a result of your
10	examination of that?
11	A	I found a stain of human blood group 0.
12	Q	Item number 53?
13	A	Item number 53 is a brown paper sack containing one
14	roll of white paper towels with blue designs and two
15	wadded up paper towels from the attic.
16	Q	And what, if any, determination did you make as a
17	result of your analysis of those items?
18	A	I found a stain of human blood group 0. I found 16
19	head hairs that were consistent microscopically to known
20	head hairs from Sandra Allen and could have come from the
21	same source. 12 of the 16 hairs were broken at the root
22	end of the hair. I found 4 of the 16 hairs that were
23	consistent to hairs that have been forcibly removed.
24	Q	Item number 55?
25	A	Item number 55 is a brown paper sack containing one

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1	ball-peen hammer with wooden handle from the attic.
2	Q	And what did you determine as a result of your
3	analysis?
4	A	I found a stain of human blood on the handle with
5	antigen H activity. I did not find any glass and I did
6	not find any hairs.
7	Q	Now, in regard to your analysis of the hammer
8	concerning glass, would you tell us the manner in which
9	you performed that examination?
10	A	What I was primarily looking at the hammer for was
11	blood and hairs, and while I was doing that I was visually
12	checking over the hammer for the presence of glass. There
13	was a substance on the head of the hammer so I checked the
14	head of the hammer under a microscope and I did not find
15	any glass. The rest of the handle or the handle was
16	checked visually and I did not see any glass.
17	Q	Other than examining the head of the hammer under a
18	microscope, did you examine any other portion of the
19	hammer under a microscope?
20	A	No, I did not.
21	Q	Item number 62.
22	A	Item number 62 is a brown paper sack containing one
23	pair of white Legs panties from Sandra Allen size 5.
24	Q	What did you determine as a result of your analysis
25	of that?

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1	A	I found a stain of human blood group 0. I did not
2	detect any seminal fluid. I found one head hair that was
3	consistent microscopically to known head hairs from Sandra
4	Allen and could have come from the same source. This hair
5	is consistent with hairs that have been forcible removed.
6	Q	Item number 64.
7	A	64 is a brown paper sack containing one pair of
8	pantyhose from Sandra Allen.
9	Q	And what did you determine as a result of that?
10	A	I found human blood group 0. I also did not detect
11	any seminal fluid and I did not find any hairs.
12	Q	Item number 65?
13	A	Item number 65 is a wooden face board from the den
14	door, and this was submitted on July 12, 1990, by
15	Detective Mason of the Bartlesville Police Department.
16	Q	And do you known where that is today?
17	A	Yes, I do.
18	Q	Where is that?
19	A	It is sitting next to the table over there.
20	Q	Miss Lee, rather than hand you I'll simply show you
21	what's been marked as State's Exhibit No. 53 for
22	identification purposes. I'd ask you, ma'am, if you'd
23	tell us what that is please.
24	A	That is going to be the wood face board that was
25	identified as coming from the den door.

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1	Q	What, if any, analysis did you make of that wooden
2	face board?
3	A	I found a stain of human blood with antigen H
4	activity.
5	Q	Item number 73.
6	A	Item number 73 is a yellow plastic bag containing one
7	dining room chair with wooden legs and back and a
8	multicolored striped cloth seat. This was submitted on
9	July 18th, 1990, by Jim Otte of the O.S.B.I.
10	Q	And do you know where that item is today?
11	A	Yes, I do.
12	Q	Where is that?
13	A	It's sitting at the table.
14	Q	Miss Lee, I don't know if you can see it or not, but
15	I placed a tab at the bottom of what's been marked as
16	State's Exhibit No. 54. Would you tell us what that is,
17	please?
18	A	That would be the dining room chair that I just
19	described.
20	Q	And what, if any, analysis did you perform on that
21	and the determination you made?
22	A	I found a stain of human blood group 0. I also found
23	a head hair fragment that was similar microscopically to
24	known head hairs from Sandra Allen.
25	Q	Could you tell us what your item number 74 is?

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1	A	Item number 74 would be a glass vial with a yellow
2	stopper containing a blood sample from Steve Allen. This
3	was submitted on May 9th, 1991, by Detective E.C. Mason of
4	the Bartlesville Police Department.
5	Q	And did you make any sort of analysis as to that?
6	A	Yes, I did.
7	Q	And what did you determine as a result of that?
8	A	I determined that that contained human blood group 0.
9	The Lewis type is A plus B minus, which indicates a
10	secretor status. The A plus B minus indicates that Steve
11	Allen is a nonsecretor. A secretor would be a person that
12	secretes their blood group antigen in their waterbase body
13	fluids, such as saliva, seminal fluid, vaginal secretions,
14	et cetera.
15	Q	And you say Mr. Allen is a nonsecreter?
16	A	Yes.
17			MR. CARLSON:	Your Honor, asked and
18	answered. I'll withdraw that.
19	Q	(By Mr. Corgan)	What do you mean by a secretor
20	versus nonsecretor?
21	A	Approximately 80 percent of the population secrete
22	their blood group antigen, antigens -- the A, the B and
23	the H, in their waterbase body fluids. Approximately 20
24	percent of the population are nonsecretors, which means
25	that they do not secrete their blood group antigen in

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1	their waterbase body fluids.
2	Q	What do you mean when you say waterbase body fluids?
3	A	Waterbased is going to be substances such as saliva,
4	seminal fluid, vaginal secretions, tears, sweat, and
5	things of that nature.
6	Q	Is there any difference then in the blood type of
7	Mrs. Allen and the blood type of Mr. Allen?
8	A	Both Sandra Allen and Steve Allen are blood group 0.
9	Q	Is there any difference as far as whether they are
10	secretors or nonsecretors?
11	A	Sandra Allen is a secretor; Steve Allen is a
12	nonsecretor.
13	Q	Now, as far as the determinations you made, in those
14	instances were you found type 0 blood or antigen H
15	activity, does that have any affect in regard to secretor
16	status?
17	A	The secretor status has no affect on the blood
18	grouping.
19	Q	Miss Lee, as a result of your analysis did you find
20	any -- and obviously I've not covered each one of your
21	items, but as a result of your analysis, did you find any
22	hairs that were inconsistent with that of the victim,
23	Sandra Allen?
24	A	No, I did not.
25	Q	As a result of your analysis and blood typing, did

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1	you find any blood typing inconsistent with that of the
2	defendant, Stephen Allen, or the victim, Sandra Allen?
3	A	No, I did not.
4	Q	Miss Lee, I'll hand you what's been marked as State's
5	Exhibit 55 and 56 for identification purposes. I'd ask
6	you if you would examine those and identify by numbers each
7	item and what they are.
8	A	State's Exhibit 55 would be a blouse that was
9	identified as coming from Sandra Allen. State's Exhibit
10	56 would be a skirt that is identified as coming from
11	Sandra Allen.
12	Q	And how did you receive those items?
13	A	These would be submitted by Dennis Franchini of the
14	O.S.B.I. and received on June 13th, 1990.
15	Q	Now, did you tell me that number 55 is the blouse?
16	A	Yes, that's correct.
17	Q	What, if any, determinations did you make as result
18	of your analysis of the blouse?
19	A	 I found a stain of human blood group 0. I also found
20	12 head hairs that were consistent microscopically to
21	known head hairs from Sandra Allen and could have come
22	from the same source. 7 of the 12 hairs were consistent
23	with hairs that had been forcible removed. 5 of the 12
24	hairs had been broken at the root end of the hair.
25	Q	In regard to State's Exhibit 56, what did you

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1	determine?
2	A	I found a stain of human blood group 0. I found one
3	head hair that was consistent microscopically to known
4	head hairs from Sandra Allen, however, it had very limited
5	characteristics for comparison purposes, thus making an
6	inconclusive result as to the source. This hair was
7	consistent with hairs that had been forcibly removed.
8	Q	Now, Miss Lee, in regard to State's Exhibits 55 and
9	56, State's Exhibit 53, the face board, and State's
10	Exhibit No. 54, the chair, after you received those from
11	the sources that you've told us about, where have those
12	items been?
13	A	Those items have been in the custody of the O.S.B.I.
14	for a while, and then they were shipped to a defense
15	expert in California. They were then shipped back to the
16	O.S.B.I.
17	Q	Other than those places, have they been in any other
18	area?
19	A	No.
20	Q	Let me ask you for a second, in regard -- and let's
21	just take, for example, State's Exhibit No. 56. I notice
22	writing on that and that it's stapled and there appears to
23	be tape at the bottom, letters and a date at the bottom.
24	Would you explain to us what that means in regard to that
25	particular item of evidence?

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1	A	Part of the writing is writing that indicates where
2	it came from. This is going to be a medical examiner's
3	case number and what the description of the item is.
4	There's also my -- the O.S.B.I. case number that is
5	assigned to this case with my item number and the date
6	that I opened it and my initials. There is also some
7	other writing on here that I do not recognize.
8	Q	Now, if I were to go -- well, tell me about the tape.
9	What does that mean and the staples?
10	A	The staples were how the evidence was submitted to me
11	when I received it. What I did was instead of breaking
12	the seal where the staples were I cut along the bottom of
13	the sack and then I taped that back when I was through
14	with my analysis.
15	Q	Why did you do it in that manner?
16	A	I try to leave the seals intact that are already
17	present so that other officers can identify the seal that
18	they placed on there, and then this way I have my date and
19	initials on the seal that I made.
20	Q	And if I were to go through with you each item of
21	evidence, would your discussion as to how evidence is
22	sealed and the procedure you go through be any different?
23	A	No, it would not.
24	Q	Miss Lee, I'll hand you now what's been marked as
25	State's Exhibit No. 57 for identification purposes, and

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1	ask you if you would examine that and state what that is?
2	A	This is a report that I issued in reference to this
3	case.
4	Q	Would that include your description and analysis of
5	the items that I've asked you about?
6	A	It will include the description and analysis of the
7	two brown paper sacks that are up here and also the face
8	board from the door to the den. The chair would be on
9	another report.
10	Q	Okay. And that would be what you'd call a
11	supplemental report?
12	A	Yes.
13	Q	Okay. And would that report also include your
14	analysis of other items that we've not gone into?
15	A	This copy?
16	Q	Yes.
17	A	Yes. This does contain items that we have not gone
18	into.
19	Q	For example, I skipped from 11 to 17. That would
20	include 12 through 16 as well?
21	A	Yes, it does.
22	Q	And would that be a true and accurate copy of your
23	report and your conclusions in regard to this case and
24	those items?
25	A	Yes, it would be.

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1			MR. CORGAN:	Your Honor, at this time we'd
2	move the admission of State's Exhibits 54 -- excuse me.
3	53, 54, 55, 56 and 57.
4			MR. CARLSON:	Your Honor, we have no
5	objection.
6			THE COURT:	53, 54 55,56 and 57 will be
7	allowed.
8	------------------------------------------------------------------
9 				CROSS-EXAMINATION
10	BY MR. CARLSON:
11	Q	Miss Lee, with regard to type 0 blood, it's true, is
12	it not, that there's 43 percent of the people in the
13	United States that have type 0 blood, is that correct?
14	A	That is correct.
15	Q	And type 0 blood is the only blood, I understand your
16	testimony, that will give an antigen H, is that correct,
17	solely?
18	A	Solely antigen H, that is correct.
19	Q	With regard to your complete analysis in regard to
20	this particular case, you found no hairs on Sandra Allen's
21	body that were consistent with any hairs of Steve Allen,
22	did you, ma'am?
23	A	That is correct.
24	Q	You found no hairs on Sandra Allen's clothing that
25	were consistent with Steve Allen hairs, did you?

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1	A	No, I did not.
2	Q	Now, as I understand, there are three tests which you
3	performed. First one you did, try to determine with
4	regard to blood is it blood, correct?
5	A	Yes.
6	Q	Second one is that -- whether it's human blood or
7	not?
8	A	That is correct.
9	Q	And the third one is you try to type it, is that
10	correct?
11	A	Yes.
12	Q	And when you look at a sample of blood, Miss Lee, and
13	you can determine the size of it, as a person in your
14	field of endeavor, you know from the size of that
15	particular sample whether or not a good part of it or most
16	of it is going to be consumed in testing, do you not
17	A	Not always.
18	Q	Now, you said that there were some samples in this
19	particular case that were not large enough for you to be
20	able to get past the fact that you could determine that
21	they were blood, is that correct?
22	A	Yes, that is correct.
23	Q	Okay. Now, let me ask you, ma'am, there also are
24	ways to perform additional tests on those particular
25	items, are there not?

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1	A	I don't understand the question.
2	Q	Let me see if I can rephrase it. Are you familiar
3	with DNA analysis?
4	A	Yes, I am.
5	Q	And with DNA analysis you would be able to make a
6	more definitive determination on those particular samples
7	than in this particular case that were consumed by your
8	testing, is that correct?
9	A	DNA--
10			MR. CORGAN:	Excuse me. Your Honor, I
11	don't believe it's been established that anything was
12	consumed. We'd object to the form of the question.
13			MR. CARLSON:	I'll rephrase it.
14	Q	(By Mr. Carlson)	With regard to those samples which
15	you said they were too small with regard to whether or not
16	you could determine anything additionally beyond the fact
17	that it was blood, wouldn't you agree with me, ma'am, that
18	DNA analysis could tell us some additional information in
19	regard to those items?
20	A	If there was enough sample present to be sent to DNA
21	then, yes, that could tell you more than -- other than
22	human blood group 0. DNA is more specific than the ABO
23	blood grouping.
24	Q	Thank you. With regard to your report, I noticed
25	that with regard to item 14, and could you tell us what

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1	item 14 is, ma'am.
2	A	Item number 14 is one white towel with stains.
3	Q	And what did your analysis of item 14 reveal to us,
4	please?
5	A	I found a stain of human blood; however, I could not
6	determine what blood group it was. I found 13 head hairs
7	that were consistent microscopically to head hair -- known
8	head hairs from Sandra Allen and could have come from the
9	same source. 8 of the 13 hairs were consistent with hairs
10	that had been forcibly removed. 5 of the 13 hairs had
11	been broken near the root end of the hair. One head hair
12	was consistent microscopically to known head hairs from
13	Sandra Allen, however, it had very limited characteristics
14	for comparison purposes, thus making an inconclusive
15	result as to the source. I found one head hair fragment
16	that was similar microscopically to known head hairs from
17	Sandra Allen.
18	Q	With regard to item 14, are you telling us, ma'am,
19	that that particular sample of blood contained no
20	antigens, for instance the antigen H?
21	A	No. What I am telling you is that I could not
22	determine what antigen was present.
23	Q	And the reason for that, ma'am, would be that there
24	was not enough of the sample, is that your testimony?
25	A	No, it is not.

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1	Q	Okay. Was there a reason why you could not determine
2	the antigen in that particular blood?
3	A	I do not know why I could not determine what antigen
4	was present.
5	Q	Would you agree with me that there can be samples of
6	blood in various particular locations throughout a crime
7	scene and those particular samples may not have antigens
8	in them or in fact you may not be able to determine those
9	antigens, is that correct? Item 14 is a perfect example.
10	A	Well, if there is any blood there's going to be red
11	blood cells if it's a whole blood sample, and there will
12	be antigens present on the red blood cells; however, they
13	may not be in such quantity that I could determine what
14	antigen was present. I do not believe that that was the
15	reason why I could not determine the blood grouping on
16	item number 14.
17	Q	But you really -- you can't tell us why you couldn't
18	determine the antigen in 14?
19	A	I tested for the presence of an antigen and I did not
20	detect any antigens and I do not know why -- if there was
21	something interfering or what.
22	Q	Okay. At certain times if you had blood samples in a
23	crime scene and you had a blood sample and there were not
24	antigens in it, we wouldn't be able to tell what type
25	blood that was, would we, ma'am?

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1	A	Well, as I've stated, in any blood sample there will
2	be antigens present. It's whether or not I can determine
3	what they are. I cannot always determine what antigens
4	are present.
5	Q	I understand that, but if they're not there in
6	sufficient quantity then you may not be able to determine
7	what type blood you're dealing with, isn't that correct?
8	A	That is correct.
9	Q	And if we don't -- not able to determine what type
10	blood we're dealing with, it could be a type A or a type B
11	or a type AB and yet we not be able to determine this,
12	isn't that correct?
13	A	Yes. If I cannot determine a blood grouping then I
14	cannot tell you what blood group it is.
15	Q	So there can be blood in a crime scene that we're not
16	able to determine from who it came, correct?
17	A	Yes. And in none of my testimony have I said that
18	this blood group 0 specifically came from a certain
19	person. I'm not stating who it came from.
20	Q	Okay. As a matter of fact, there are certain blood
21	stains in here that we're not able to determine any type
22	so far as that blood stain is concerned, is that correct?
23	A	That is correct.
24	Q	And if a certain person was in there in that
25	particular crime scene who was different than type 0 and

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1	left those particular samples, we wouldn't be able to
2	determine whether that type matches somebody different
3	than say Steve and Sandra Allen since we couldn't type it.
4	Do you agree with that?
5	A	If there was someone there that had a different blood
6	type? Is that the question?
7	Q	That's correct. And may leave a sample that we're
8	not able to type.
9	A	Yes. If there were minute samples left that there
10	was not enough antigens present that I could not determine
11	what antigen was present then I could not tell you.
12	Q	Example of that would be the one on the TV set, would
13	you agree with me? I'm sorry. With regard to item number
14	43. I'm sorry. It's the one on the patio door.
15	A	On item number 43 there was such a limited quantity
16	that I could not even tell if it was human blood. So,
17	therefore, I could not even proceed into the typing test.
18	Q	Would you agree with me, ma'am, that in this
19	particular crime scene that that particular blood sample
20	on the patio door is a very important blood sample?
21	A	It could be. I don't know.
22	Q	Okay. But the most we could tell about it is it's
23	blood?
24			MR. CORGAN:	It's been asked and answered.
25			THE COURT:		You may answer.

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1	Q	(By Mr. Carlson) The most we could tell about it is
2	that it was blood, correct?
3	A	Yes.
4	Q	With regard to your report, ma'am, let me direct your
5	attention to item numbers 7 and 8. And would you tell the
6	ladies and gentlemen of the jury what items number 7 and 8
7	are?
8	A	Item number 7 is a white envelope containing a paper
9	bindle containing the fingernails from the right hand of
10	Sandra Allen. Item number 8 would be a white envelope
11	containing a paper bindle containing fingernails from the
12	left hand of Sandra Allen.
13	Q	Would you tell us what your analysis revealed on
14	those particular items?
15	A	On item number 7, which is the fingernails from the
16	right hand, I found a stain of human blood with antigen H
17	activity and I did not find any hairs. On item number 8,
18	which are going to be the fingernails from the left hand,
19	I found a stain of human blood with antigen H activity and
20	I did not find any hairs.
21	Q	With regard to hair analysis, would you agree with
22	me, ma'am, that by examination of a hair you're not able
23	to tell, to determine whether or not that's a male or a
24	female hair, are you, ma'am?
25	A	No, I do not do sexing of hairs.

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47
1	Q	And we know, do we not, that there are basically
2	three classes of hairs. There's the Caucasoid, the
3	Mongoloid and Negroid hairs. Do you agree with that?
4	A	Yes. Those are three classifications for hairs.
5	Q	But we also know that there are certain Caucasian
6	hairs that also do have Mongoloid characteristics.
7	Wouldn't you agree with that?
8	A	Some Caucasian hairs could have some Mongoloid
9	characteristics, yes.
10	Q	And you agree with me, do you not, that in hair
11	analysis in the state of the art as it is today, that
12	there are known hair analysis, and by that I mean that
13	it's not known that a Caucasian hair is going to look
14	exactly like what a particular known hair is. You agree
15	with that?
16	A	Yes. There's a vast difference in Caucasian hairs.
17	Q	And by looking at hairs, would you agree with me also
18	we're not able to determine what age a person those
19	particular hairs are from?
20	A	That is correct. You cannot determine the age from
21	hair analysis.
22	Q	Now, I think you said that so far as hair analysis is
23	concerned that, you know, if I bump into a door facing or
24	if I would bang my head on the banister of the bed, that I
25	would -- may well break hairs, isn't that correct?

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48
1	A	You can break hairs, yes.
2	Q	There's really no way in your analysis or for
3	anyone's analysis, to make the determination whether that
4	hair was broken by an accidental bumping or by an
5	intentional blunt force, is there?
6	A	No, I cannot tell you how a hair was broken.
7	Q	You recall, based on hair analysis, you're not able
8	to determine what part of the human anatomy a particular
9	hair may have been located when it was broken, are we?
10	A	Well, you can tell if it's a head hair or a public
11	hair. When you get into the other body areas it would be
12	difficult.
13	Q	I understand that, but I'm talking about where on the
14	head. You're not able to determine that in any way, are
15	you, from hair analysis?
16	A	No, not exactly where on the head a hair would be.
17	Q	Now, it goes without saying that we're not able, in
18	the state of the hair analysis, to determine the specific
19	identity of any person from hairs.
20	A	That is correct.
21	Q	And the most that you can say about hair analysis is,
22	quotation marks, could have come from the same source,
23	closed quotation marks. Do you agree with me?
24	A	That is a phrase that can be used, yes.
25	Q	That is the state of the art in hair analysis, don't

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49
1	you agree, that the best you can say --
2	A	That would be the best that you could say, yes.
3	Q	Okay. Thank you, ma'am.
4			(SUBSEQUENT PROCEEDINGS HAVE ALREADY BEEN
5 			TRANSCRIBED AND ARE CONTAINED IN A
6			SEPARATE TRANSCRIPT ON FILE IN THE COURT
7			CLERK'S OFFICE, AFTER WHICH THE FOLLOWING
8			PROCEEDINGS WERE HAD ON 7-29-91)
9 			THE COURT: Good morning, ladies and
10	gentlemen. I hope you had a good weekend. Did have some
11	discussion with the jurors Friday about our schedule. We
12	had talked about taking off Wednesday morning and some
13	thought all day, and we've discussed it with the attorneys
14	and it fit their schedules as well. So we'll be taking
15	off all day Wednesday and let everybody kind of regroup.
16			You'd still be actually physically serving
17	on Wednesday. Those who mentioned they have concerns
18	about contacts at work, you'd still be paid although you
19	won't be here. You can come and sign in if you want but
20	won't be required to. We'll consider you as being here
21	Wednesday.
22 			So if you contemplate any problems
23	whatsoever by being around conversations with coworkers,
24	it would be better not to go to work. If you think it's
25	not a problem and that you can handle it, fine, but you're

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