September 15, 1995
Web posted at: 3:00 p.m. EDT
LOS ANGELES, California (CNN)-- The prosecution in the O.J. Simpson murder trial may conditionally end its rebuttal Friday on the heels of a shoe print expert. FBI special agent William Bodziak is scheduled to return to the stand to continue his direct examination by prosecutor Marcia Clark. Bodziak has been called by the prosecution to rebut testimony provided by defense expert Henry Lee who said there might have been a second set of footprints at the crime scene.
Lee told the court last month that a parallel line imprint found on murder victim Ron Goldman's jeans, an envelope, a piece of paper and on the tile walkway could have been made by a second set of shoe prints.
Thursday, Bodziak testified about the imprints, telling jurors in his opinion the imprints could not have been made by a shoe.
Prosecutors also used FBI hair and fiber expert Douglas Deedrick to rebut Lee's testimony. Deedrick told the court Goldman' shirt probably made the imprint on the jeans, and the jeans likely made the imprint on the other items. "My opinion is that the imprint pattern on the back of the envelope and also on the piece of paper could have been caused by the jeans," said Deedrick.
On cross examination, defense attorney Barry Scheck criticized the FBI agent for what he called his lack of knowledge in blood stain and blood pattern interpretation. Scheck quizzed the agent on whether the stain could have been made from a shoe. "Had a portion of it hit the side of the envelope it can make an imprint such as depicted on the envelope here," said Scheck.
"It could, if the pattern on the base of that shoe exhibited or left a pattern just like Levi jeans," said Deedrick.
The defense hopes to call FBI special agent Fredric Whitehurst, who has criticized FBI practices and procedures in the FBI lab in Washington. "Sloppy work, the pressure is on the examiners of evidence, expert witnesses to bias their opinions. Alterations of reports for instance my reports were altered by one individual in the FBI for five years without his advising me of it," said Whitehurst on CNN's Larry King Live. (210K AIFF or WAV sound)
On Thursday Judge Ito signed an order setting a hearing next Tuesday to determine if Whitehurst's testimony is relevant to the Simpson case.
According to defense papers filed on Thursday, Whitehurst may be a witness to "acts committed and/or statements made by [FBI Agent Roger] Martz, which evidence misconduct and improprieties in the execution of Martz's professional duties" in connection with the Simpson case.
Whitehurst is expected to arrive in Los Angeles Friday to talk to both the defense and prosecution. The prosecution plans on resting its rebuttal case soon until it sees see what remains of the defense case.
The defense has yet to rest its case. Defense attorneys say they won't rest until the matter of Whitehurst is resolved. Defense attorneys are expected to argue next week to have Whitehurst testify in the case.
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