1.Kenneth Olson — Direct/Cross/Redirect/Recross
398 lines(Jury not present.)
At this time the Court calls State of Wisconsin vs. Steven Avery, Case No. 05 CF 381. We're here this morning for a continuation of the trial in this matter, outside the presence of the jury at this time. Will the parties state their appearances for the record, please.
MR. KRATZ: Good morning, Judge. The State appears by Calumet County District Attorney, Ken Kratz, Assistant Attorney General Tom Fallon, Assistant District Attorney Norm Gahn, all appearing as special prosecutors.
MR. STRANG: And good morning. At this table is Steven Avery and Jerome Buting and Dean Strang.
THE COURT: All right. Is there a matter the parties wish to take up before we bring in the jurors?
MR. FALLON: I don't think we have anything other than previously.
THE COURT: Very well. At this time, then, we'll bring in the jury.
(Jury present.)
THE COURT: You may be seated. And, Mr. Fallon, you may call the State's first witness today.
MR. FALLON: Thank you. The State would call Mr. Kenneth Olson to the stand.
KENNETH B. OLSON, called as a witness herein, having been first duly sworn, was examined and testified as follows:
COURT CLERK: Please be seated. Please state your name and spell your last name for the record.
KENNETH OLSON: Kenneth B. Olson, O-l-s-o-n.
DIRECT EXAMINATION BY ATTORNEY FALLON:
MR. FALLON: What do you for a living?
KENNETH OLSON: I'm a forensic scientist at the State Crime Laboratory in Madison. My main duties are as a trace evidence examiner. And trace evidence includes paint, glass, fibers, explosives, metals, anything that needs chemical identification that doesn't fit into either toxicology or drug analysis.
I'm also a involved in our Field Response Program, going to crime scenes. And I'm also a bloodstain pattern examiner.
MR. FALLON: All right. And how long have you been employed at the Wisconsin State Crime Lab?
KENNETH OLSON: Almost 27 years.
MR. FALLON: And during that particular time, how long have you been doing or involved in the field of trace evidence analysis?
KENNETH OLSON: That's been my main duty since I was hired at the laboratory.
MR. FALLON: And how long have you been involved in field response operations?
KENNETH OLSON: I have been involved in field response since I have been employed at the laboratory, also.
MR. FALLON: All right. Are you currently a member of a Field Response Team?
KENNETH OLSON: I'm no longer actively on call, but I will assist if they need help at crime scenes.
MR. FALLON: All right. How are you involved in this case, Mr. Olson?
KENNETH OLSON: I was asked to examine certain charred items that was recovered from the Avery property; items that were recovered from a burning barrel and then some charred skull fragments.
MR. FALLON: And why are you here today?
KENNETH OLSON: I'm here to explain the results of my examination.
MR. FALLON: All right. First of all, let's find out a little bit about yourself, please. Can you tell us what your educational background is.
KENNETH OLSON: I have a bachelors of science degree, with a major in chemistry from the University of Wisconsin at Superior.
MR. FALLON: When did you receive that degree?
KENNETH OLSON: In June of 1980.
MR. FALLON: And have you pursued any post-graduate studies of any nature?
KENNETH OLSON: I attended a few courses in business management.
MR. FALLON: All right. As a member of the trace evidence unit, how many individuals are there in that particular unit?
KENNETH OLSON: At the Madison laboratory there are two scientists, myself and my colleague.
MR. FALLON: All right. And as a member of that particular unit, have you attended trainings during the past 27 years?
KENNETH OLSON: Yes. When I was hired, I went through an extensive on-the-job training in the different areas that -- in the materials that I analyze. And since being employed at the laboratory, I have attended numerous training seminars and courses in the area of trace evidence.
MR. FALLON: And how often do you attend these types of courses?
KENNETH OLSON: It varies. I suppose it averages once a year.
MR. FALLON: All right. And with respect to your training and experience, have you received any specialized training which assisted you in terms of performing any of the examinations in this particular case?
KENNETH OLSON: In the area of elemental analysis, I have had training using the scanning electron microscope with an energy dispersive x-ray analyzer. And that instrument is used for identifying different elements.
MR. FALLON: And when we're saying elements, can you give us an example or an idea of what kind of elements that you are looking at with this particular instrument?
KENNETH OLSON: Well, we can examine approximately 70 different elements. They include carbon, oxygen, nitrogen, iron, lead, titanium, magnesium, just a broad spectrum of elements.
MR. FALLON: And what are some of the objects and items that you are routinely called upon to examine in your trace evidence unit?
KENNETH OLSON: As far as elemental analysis?
MR. FALLON: Sure.
KENNETH OLSON: I routinely analyze paint samples, using a scan electron microscope energy dispersive x-ray, SEMEDX for short. Use it for glass samples, unknown powders, explosives and questioned metals.
MR. FALLON: All right. Have you testified in courts of law during the past 27 years you have been with the Crime Lab?
KENNETH OLSON: Yes, I have.
MR. FALLON: And approximately, do you have an estimate as to how many times you have been called to testify in cases?
KENNETH OLSON: Approximately 165 times.
MR. FALLON: And have you -- During those times, have you been called upon to express or render expert opinions regarding your findings?
KENNETH OLSON: Yes, I have.
MR. FALLON: And of those 165 times, do you have an idea as to approximately how many of them were trace metal or trace evidence related testimony?
KENNETH OLSON: The majority of my testimony has been in the area of trace evidence. And it's well over 100 times I testified in trace evidence.
MR. FALLON: When did you first become involved in this case, Mr. Olson?
KENNETH OLSON: I first became involved in December of 2005. I was given some items from a burning barrel to examine.
MR. FALLON: And did you examine the contents of a barrel?
KENNETH OLSON: Yes, I did.
MR. FALLON: All right. And what did you find in your examination of the barrel?
KENNETH OLSON: The material that was submitted to me were charred items and in there was a charred portion of a Motorola cellphone, a charred Canon PowerShot A310 camera, and assorted other electronic components.
MR. FALLON: Now, is your laboratory capable of extracting data from those types of items, or not?
KENNETH OLSON: No, I was just told to examine them to see if I could give any information as to what those items might be.
MR. FALLON: What other -- Does your particular trace unit have a supply of products on hand to assist you in attempting to identify severely burned items such as this?
KENNETH OLSON: No, we don't.
MR. FALLON: As a result of which, did you make any recommendations with respect to your initial findings?
KENNETH OLSON: I reported what I found in that charred debris to Investigator Tom Fassbender with DCI.
MR. FALLON: All right. In addition to those items, what other charred debris were you asked to examine as part of this case?
KENNETH OLSON: I was asked to examine some charred skull fragments that had a defect in them that was consistent with high energy projectile.
MR. FALLON: All right. And, first of all, I would like to direct your attention to Exhibit -- Exhibit 391. And I'm going to hand you a laser pointer. Do you recognize Exhibit 391, in particular the item on the right?
KENNETH OLSON: Yes, I do.
MR. FALLON: All right. And what is that?
KENNETH OLSON: Exhibit 391 is a photograph of that charred skull fragment that I examined.
MR. FALLON: All right.
KENNETH OLSON: And the defect, or the hole in the skull, is this area right up in here.
MR. FALLON: All right. And as part of your analysis, do you routinely assign an item number or a Crime Lab identification number to assist you in working with these items?
KENNETH OLSON: Yes, we do.
MR. FALLON: And what item designation was Exhibit 391 given?
KENNETH OLSON: Exhibit 391 was item EJ.
MR. FALLON: All right. I'm going to have Exhibit 392 displayed. All right. And do you recognize that item?
KENNETH OLSON: Yes, I do.
MR. FALLON: And what is Exhibit 392?
KENNETH OLSON: Exhibit 392 is the other side of that charred skull fragment. This would be the external surface. And the defect or the hole in the skull is up in this area right here.
MR. FALLON: Now, I see that there is an arrow shaped marker depicted on this outer view of Exhibit 392; do you know what that is?
KENNETH OLSON: Yes, I do.
MR. FALLON: And what is that?
KENNETH OLSON: The triangular shaped marker in Exhibit 392 is a little piece of copper tape that I made into a point of an arrow so it will help me locate the area on the bone that I need to examine with the microscope and to do my elemental analysis.
MR. FALLON: When did you receive these items?
KENNETH OLSON: These items were submitted to the laboratory on February 15th, 2006. And I examined them -- started examining them on February 16, 2006.
MR. FALLON: Describe for us, if you will, how item EJ appeared when you first accepted and began working on it?
KENNETH OLSON: Item EJ, Exhibit 392, appears very similar when I examined it. It's a charred skull fragment that had been, obviously, in a fire.
MR. FALLON: All right. And how is it packaged, tell us about the appearance of the item in its packaging?
KENNETH OLSON: This item, item EJ, was one of two items that were submitted in the laboratory in sealed plastic bags that were received in a sealed box.
MR. FALLON: All right. And how were they labeled; did that assist you in performing the requested examination?
KENNETH OLSON: This item, which was the one I examined, there were three bags in item EJ. This one was identified as a charred cranial fragment with a entrance defect. And that's what I concentrated my examination on.
MR. FALLON: All right. And what about the other bags that were part of the EJ designation; were they subject to examination?
KENNETH OLSON: No, those were labeled as cranial refits and they didn't have any defects. And I was more interested in looking at the hole in that item.
MR. FALLON: All right. Now, you mentioned there was one other item in addition to EJ; what item was that?
KENNETH OLSON: That was item EK.
MR. FALLON: All right. Did you conduct any examinations of item EK?
KENNETH OLSON: No, I did not.
MR. FALLON: And why did you not conduct any examinations?
KENNETH OLSON: The bag, that item EK, was labeled as cranial bone fragments, dental fragments, nothing that had a defect or hole that I would be interested in.
MR. FALLON: Now, with respect to item EJ, can you tell us, specifically, using the laser pointer, what part of that item did you examine and why did you examine it?
KENNETH OLSON: I examined this area right up in here, is where I concentrated most of my analysis. And through my training and experience, that bullets, when they go through bone or hard objects, if they are a lead bullet, which most bullets are, you can sometimes get a --
MR. BUTING: Objection, your Honor, I don't know that he's -- this is a trace chemist, I don't know that he is qualified to be talking about bullets and what they do and don't do.
MR. FALLON: I will rephrase the question.
THE COURT: Very well.
MR. FALLON: (By Attorney Fallon)~ Were there specific -- Was there specific information that you had with respect to the condition of the defect that you have identified, that caused you to examine it more closely?
KENNETH OLSON: Yes, this defect is consistent with a high energy projectile.
MR. FALLON: I understand, but my question is, what, specifically, did you -- were you -- why were you asked to examine -- I realize it has a defect, but what other information did you have to assist you that caused you to examine that specific crescent shape there?
MR. BUTING: Move to strike the last answer as well, your Honor.
THE COURT: You mean the answer about the --
MR. BUTING: The answer that was not responsive to Mr. Fallon's question about high energy projectiles.
MR. FALLON: That's not his objection and we're rephrasing the question.
MR. BUTING: I move to strike it.
THE COURT: I think he's moving to strike the answer that came after his objection, if I'm not mistaken.
MR. BUTING: Yes.
THE COURT: The Court will strike that answer as nonresponsive, which I think Mr. Fallon recognized by rephrasing his question.
MR. BUTING: Yes.
THE COURT: Go ahead, Mr. Fallon.
MR. FALLON: (By Attorney Fallon)~ Rephrasing the question, Mr. Olson, what additional information did you -- Well, let's strike it this way. Did you have any x-rays that you examined before conducting this examination of item EJ?
KENNETH OLSON: No, I didn't.
MR. FALLON: All right. But at that particular point -- Let's get at it this way. What did you find when you looked at the crescent shape that you have identified there, the defect area?
KENNETH OLSON: When I analyzed that area for elemental analysis, I detected the presence of lead.
MR. FALLON: Okay. We'll come back to that in a moment. In addition to item EJ, were you asked to examine any other cranial fragments?
KENNETH OLSON: Yes, I was.
MR. FALLON: All right. And did you obtain some cranial fragments?
KENNETH OLSON: Yes, I did.
MR. FALLON: And from whom did you obtain those fragments.
KENNETH OLSON: I obtained some more cranial fragments from Dr. Leslie Eisenberg.
MR. FALLON: And approximately when did you obtain additional cranial fragments?
KENNETH OLSON: On November 17th, 2006.
MR. FALLON: And when did you begin your analysis of these additional fragments?
KENNETH OLSON: I started examining those cranial fragments on November 21st of 2006.
MR. FALLON: All right. I'm going to have Special Agent Fassbender hand you some photographs. Beginning with the top exhibit, I believe it is designated Exhibit 429; is that correct?
KENNETH OLSON: That's correct.
MR. FALLON: Do you recognize that exhibit?
KENNETH OLSON: Yes, I do.
MR. FALLON: What is Exhibit 429?
KENNETH OLSON: Exhibit 429 is a photograph of item KQ, the cranial fragment with the entrance defect that I received from Dr. Leslie Eisenberg.
MR. FALLON: All right. And directing your attention, then, to the screen, is that the very same exhibit that you are holding in your hand?
KENNETH OLSON: Yes, it is.
MR. FALLON: All right. And describe, if you will, in more detail, item KQ, upon your receipt of it?
KENNETH OLSON: I'm sorry, could you repeat that?
MR. FALLON: Yes, specifically, I just want to ask you to describe that -- Well, let's do it this way. Describe for us, if you will, the size or contours of the defect.
KENNETH OLSON: The bone fragment itself is an inch and a quarter, approximately, by an inch and three quarters in size.
MR. FALLON: All right. And so that's from top to bottom and across the exhibit there?
KENNETH OLSON: That's correct.
MR. FALLON: All right. And the defect itself was approximately how much?
KENNETH OLSON: It appears to be about -- the diameter of that crater is about a half inch.
MR. FALLON: All right. And I would like to show you, also, Exhibit 398 at this particular time. And do you recognize Exhibit 398?
KENNETH OLSON: Yes, I do.
MR. FALLON: And is item KQ present in Exhibit 398?
KENNETH OLSON: Yes, it is.
MR. FALLON: And if you would use the pointer and describe for us, if you will, where that is.
KENNETH OLSON: Item KQ is this bone fragment right here in the upper left hand corner.
MR. FALLON: All right. And if we could zoom in on that. And what were you examining with respect to item KQ?
KENNETH OLSON: I was particularly interested in these bright spots here, which indicates it could be a dense metal.
MR. FALLON: All right. And with respect to item KQ, did you use the scanning electron microscope to conduct your analysis of those particles?
KENNETH OLSON: Yes, I did.
MR. FALLON: All right. And finally, there should be the next exhibit in front of you?
KENNETH OLSON: Exhibit 429 or 4 --
MR. FALLON: 430.
KENNETH OLSON: 430.
MR. FALLON: Yes. And what is Exhibit 430?
KENNETH OLSON: Exhibit 430 is a photograph of item KQ, but the inner surface. The previous exhibit was the outer surface. And Exhibit 430 is the inner surface.
MR. FALLON: All right.
KENNETH OLSON: That's what's being displayed right now.
MR. FALLON: All right. And did you examine the inner surface of the defect area, as well as the outer surface, on this particular item?
KENNETH OLSON: Yes, I did.
MR. FALLON: All right. And finally, there's one more exhibit. And I believe Exhibit 431.
KENNETH OLSON: Yes.
MR. FALLON: All right. And what is Exhibit 431?
KENNETH OLSON: Exhibit 431 is a photograph of an x-ray of other charred bone fragments.
MR. FALLON: All right. And particularly with respect to Exhibit 431, was there a Crime Lab designation assigned to that item?
KENNETH OLSON: Yes, there was.
MR. FALLON: All right. And what was that?
KENNETH OLSON: That was item KR.
MR. FALLON: All right. All right. Now, with respect to your findings, I would like to redirect your attention, again, to item EJ, Exhibit 392; did you find traces of elemental lead in the area of that defect?
KENNETH OLSON: Yes, I did.
MR. FALLON: And tell us about what you found.
KENNETH OLSON: I was examining the entrance defect approximately in this kind of lower left hand corner.
MR. BUTING: I'm sorry, is this item EJ we're talking about?
MR. FALLON: Yes, this is item EJ, Exhibit 392.
KENNETH OLSON: I examined this area in here and found traces of elemental lead.
MR. FALLON: All right. And with respect to Exhibit 92, what -- were there more than one location or area within that defect that you examined?
KENNETH OLSON: Yes, there was.
MR. FALLON: And what did you find with respect to other possible locations of elemental lead?
KENNETH OLSON: In this area, I examined three different areas and found elemental lead -- traces of elemental lead. In this area, I examined and did not find -- I found what were very low amounts of lead, but it was too low for me to call. So, essentially, I did not find any lead in this area over here.
MR. FALLON: All right. And did you examine other areas of that particular fragment, Exhibit 392?
KENNETH OLSON: Yes, I did.
MR. FALLON: And approximately how many areas did you examine on this one particular exhibit?
KENNETH OLSON: Approximately 12 different areas that I examined.
MR. FALLON: All right. And I know it might be kind of difficult with that photograph, but could you give us a general idea of what other locations that you examined for the possibility of elemental lead?
KENNETH OLSON: I examined approximately seven locations here and approximately five locations down in here, as a control area.
MR. FALLON: All right. Well, let's begin, we talked about areas one, two, and three, and you mentioned something about five, six, and seven. Let's talk a little bit about those areas. What, if anything, did you find with respect to areas five, six, and seven.
KENNETH OLSON: I did not find any elemental lead in five. Area six and seven, which was right next to it, over here, I saw what began to look like the presence of lead, but it was too low of a level for me the call.
MR. FALLON: All right. Now, Mr. Olson, you used the laser pointer to point to a particular area. And would I be accurate in describing that that would -- the area you pointed to, five, six and seven, was on the edge or the beginning, as it were, of the defect area?
KENNETH OLSON: Yes, it is.
MR. FALLON: All right. And one, two, and three were actually in the defect area?
KENNETH OLSON: Either on or slightly in, yes.
MR. FALLON: All right. How about the other areas, 8, 9, 10, 11 and 12, with respect to the exhibit, where are they located?
KENNETH OLSON: These would be down in this area here.
MR. FALLON: All right. If the record would reflect, the witness is pointing to the bottom edge of Exhibit 392 of the photograph which is depicted.
MR. FALLON: (By Attorney Fallon)~ What did you find at those locations?
KENNETH OLSON: I did not find any traces of elemental lead.
MR. FALLON: All right. Now, you mentioned something -- Well, first of all, let me ask, what was the purpose of testing those locations, 5, 6, 7, and most notably, 8 through 12?
KENNETH OLSON: I was examining those areas, away from the entrance defect, to have a control area where I would not think or suspect to find any lead.
MR. FALLON: And could you explain for the jury the concept of a control?
KENNETH OLSON: The control is just a sample that you expect to have certain results, usually negative results, in this same type of material that you are analyzing.
MR. FALLON: All right. So how does performing these control tests assist you in assessing your findings in the other locations, particularly one, two, and three?
KENNETH OLSON: It adds more weight to my findings, finding elemental lead in those areas around the defect. And then not finding it in the other areas goes more to the point that -- that there is traces of lead in that entrance defect.
MR. FALLON: All right. Now, let's talk a little bit about item EK; did you examine EK?
KENNETH OLSON: No, I did not.
MR. FALLON: And why was EK not examined?
KENNETH OLSON: There was no entrance defect on those charred skull fragments.
MR. FALLON: All right. And do you recall what they were labeled or how they were submitted to you?
KENNETH OLSON: Those would have been labeled cranial, facial, dental, I believe.
MR. FALLON: All right. All right. Again, now, returning to item KQ, which we have depicted in Exhibit 398 and I believe in Exhibit 429 and 430. You conducted a similar analysis of this particular item?
KENNETH OLSON: Yes, I did.
MR. FALLON: All right. And you were examining more closely the bright white particles which appear on this particular exhibit?
KENNETH OLSON: Yes, I was particularly interested in those bright spots. That would be indicative of a more dense material, such as lead.
MR. FALLON: And for the record, Exhibit 398 depicts several cranial fragments. The witness is describing the fragment which appears at the upper left hand corner of the exhibit as a whole.
MR. FALLON: (By Attorney Fallon)~ I would like to direct your attention then back to Exhibits 429 and 430. We will start with Exhibit 429. All right. And, again, is this the inner or outer depiction of Exhibit 4 of item KQ?
KENNETH OLSON: This would be the outer surface of that skull fragment.
MR. FALLON: All right. And then we'll start with the outer surface, did you find -- did you examine -- You said you examined the area near the defect?
KENNETH OLSON: Yes, I did.
MR. FALLON: All right. Did you find elemental lead at any of the locations you examined at this -- at this -- in this particular defect?
KENNETH OLSON: Yes, I did.
MR. FALLON: And what did you find?
KENNETH OLSON: I found elemental lead corresponding to those bright spots in this entrance defect.
MR. FALLON: Now, in this particular case, was it more than a trace, or less than a trace; reference, you know, item EJ, comparatively speaking, was there more or less lead that you detected here?
KENNETH OLSON: There was considerably more lead in this sample than there was in item EJ.
MR. FALLON: All right. And similarly, did you have a control for your examination on this outer surface of item EJ, Exhibit 429?
KENNETH OLSON: Yes, I did.
MR. FALLON: And if you would be so kind as to point with your laser pointer to the control areas.
KENNETH OLSON: The control area was in this -- approximately this area.
MR. FALLON: The record is reflecting that he's pointing to the right side of his marker arrow, towards the top, almost the same height as the point of the arrow.
THE COURT: Record will so reflect.
MR. BUTING: That's fine.
MR. FALLON: Thank you.
MR. FALLON: (By Attorney Fallon)~ And just so that we're clear, the areas where you did find the elemental lead, if you would be so kind, with your pointer, to indicate that area on the exhibit.
KENNETH OLSON: Right in this area, on and in the beveled area.
MR. FALLON: On and in the beveled area. Very well, thank you. Now, did you similarly examine the inside of item KQ.
KENNETH OLSON: Yes, I did.
MR. FALLON: All right. I would like to direct your attention, then, to Exhibit 430. And just so that we're clear, counsel advised me I may have misspoke. KQ item is our Exhibits 429 and 430; is that correct? Just so that -- I may have misspoke.
KENNETH OLSON: Item KQ is -- 429 is the outer surface and 430 is the inner surface of item KQ.
MR. FALLON: All right. And we have Exhibit 430 on the screen now, which is the inner surface?
KENNETH OLSON: That's correct.
MR. FALLON: All right. Now, tell us about your analysis of this particular item, how did you begin?
KENNETH OLSON: I concentrated my examination, elemental examination, around the entrance defect and inside the bevel of this item.
MR. FALLON: All right. And in that particular area, did you find elemental lead?
KENNETH OLSON: Yes, I did.
MR. FALLON: And approximately where on the exhibit, if you are able to tell us, that you found this?
KENNETH OLSON: On the edge of the defect and inside of the bevel.
MR. FALLON: All right. And approximately how many locations did you test in or on the beveled area?
KENNETH OLSON: I believe it was four.
MR. FALLON: All right. And in those four locations, did you find the presence of elemental lead at each of those locations?
KENNETH OLSON: Yes, I did.
MR. FALLON: And with respect to their locations and comparing it to item EJ, was there more or less lead associated with item KQ or EJ?
KENNETH OLSON: There was considerably more lead in this particular item KQ.
MR. FALLON: All right. And in terms of locations three and four, if you are able, can you direct us, roughly, where locations three and four would be?
KENNETH OLSON: Three would be approximately here and four would be approximately here, both of them inside the bevel.
MR. FALLON: All right. And with respect to comparing locations one and two with three and four, what did you find with respect to the amounts of elemental lead that was present?
KENNETH OLSON: In areas three and four, inside the bevel, there was even more lead concentrated in those areas than in areas one and two.
MR. FALLON: All right. Similarly, with respect to your testing of the inside of item KQ, Exhibit 430, were there any control locations that you utilized to assist you in interpreting your results?
KENNETH OLSON: Yes, there were.
MR. FALLON: And if you would be so kind as to take your pointer and indicate generally where the control areas were utilized?
KENNETH OLSON: I believe the control area was in this area.
MR. FALLON: All right. You are talking to the area immediately to the right and at the bottom of the marker that you placed on this exhibit?
KENNETH OLSON: That's correct.
MR. FALLON: All right. In the control area, did you find the presence of any lead?
KENNETH OLSON: No, I did not detect the presence of lead in that area.
MR. FALLON: All right. Now, we would like you to take a look at Exhibit 431, please. Do you recognize Exhibit 431?
KENNETH OLSON: Yes, I do.
MR. FALLON: Were you called upon to examine that particular piece?
KENNETH OLSON: Yes, I was.
MR. FALLON: And similarly --
MR. BUTING: Can you just identify what that is, x-ray or photo.
KENNETH OLSON: It's a photograph of an x-ray.
MR. BUTING: Okay.
MR. FALLON: (By Attorney Fallon)~ And it was your understanding this was, again, another cranial piece that you were given by Dr. Eisenberg?
KENNETH OLSON: Yes, it was another cranial piece and a particular in interest was the lower piece had a bright spot consistent with a higher density type material.
MR. FALLON: All right. And upon examination of KR -- Well, first of all, let me ask, did you examine KR using the same methods you did with KQ and EJ?
KENNETH OLSON: No, because when I examined that item I did not see the material here present on the tiny bone fragment. It wasn't on the bone any longer. It was -- It just wasn't there.
MR. FALLON: All right. So there were no conclusions that could be drawn as to what that artifact was?
KENNETH OLSON: That's correct.
MR. FALLON: All right. Did that particular artifact have any entrance, or suspected entrance defect, like items EJ and KQ?
KENNETH OLSON: No, it did not.
MR. FALLON: All right. Mr. Olson, your opinion that item EJ, Exhibit 392, has traces of elemental lead in the defect area, do you hold that opinion to a reasonable degree of scientific certainty?
KENNETH OLSON: Yes, I do.
MR. FALLON: Your opinion that item KQ, Exhibits 429 and 430, at locations one, two, three, and four contained elemental lead, do you hold that opinion to a reasonable degree of scientific certainty?
KENNETH OLSON: Yes, I do.
MR. FALLON: And your opinion that item KR, which did not have a suspected entrance defect and showed no traces of elemental lead; do you hold that opinion to a reasonable degree of scientific certainty.
KENNETH OLSON: Yes, I do.
MR. FALLON: Subject to cross, we would move into evidence Exhibits 429, 430 and 431.
THE COURT: Any objection?
MR. BUTING: No objection.
THE COURT: Those exhibits are admitted. Mr. Buting.
MR. BUTING: Thank you, Judge.
CROSS-EXAMINATION BY ATTORNEY BUTING:
MR. BUTING: Good morning, sir.
KENNETH OLSON: Good morning.
MR. BUTING: If counsel could be so kind as to put up Exhibit 398 for a moment, please.
MR. BUTING: (By Attorney Buting)~ Now, just leaving it at this magnification for a second, this is a photograph of an x-ray of -- which is it?
KENNETH OLSON: That is a projection of a photograph of an x-ray.
MR. BUTING: Okay. Which item is it, KQ, or is it EJ?
KENNETH OLSON: It's neither.
MR. BUTING: Well, this item up here?
KENNETH OLSON: That item is item KQ.
MR. BUTING: Okay. So the one in the upper left is KQ.
MR. BUTING: Okay. Could we just look at 429 for a minute, please.
MR. BUTING: (By Attorney Buting)~ You're quite sure this is the same item as we just saw on the x-ray.
KENNETH OLSON: Yes, it is.
MR. BUTING: Well, on this item, maybe it's just my eyes, but if you look at the far right side, there is a rather prominent projection, almost looks like a large nose sticking out or something, right?
KENNETH OLSON: That's correct.
MR. BUTING: I didn't see that on 398.
MR. BUTING: Could we go back and look at that for a minute?
MR. FALLON: Certainly.
MR. BUTING: Could we maybe zoom in on this upper?
MR. BUTING: (By Attorney Buting)~ Where is that marking? Where is that part -- that little projection that we just saw in the other photograph? Where is it on this x-ray? I don't see it.
KENNETH OLSON: It is not there. This x-ray was taken before Dr. Eisenberg attempted to do her refits. And the piece that I got was after the refit. And when I got it, it was broken --
MR. BUTING: Oh.
KENNETH OLSON: -- and that piece that you are seeing --
MR. BUTING: Okay.
KENNETH OLSON: -- is from another portion of the cranial.
MR. BUTING: Okay. So what you saw -- When you saw it, it had been changed slightly, that piece had been broken off?
KENNETH OLSON: Yes, it did not look like that.
MR. BUTING: Okay. Well, that's good. I'm glad you cleared that up.
MR. BUTING: You can take that down now, counsel, that's fine. Thank you.
MR. BUTING: (By Attorney Buting)~ Do you -- Do you know what item FL is in your lab?
KENNETH OLSON: No, I do not.
MR. BUTING: Well, there's been evidence, the jury has heard that item FL has been identified and talked about quite a bit here as a alleged bullet fragment, right? Okay. You will accept that?
KENNETH OLSON: I will accept that, yes.
MR. BUTING: Okay. You were not given item FL, to do any examination of?
KENNETH OLSON: No, I was not.
MR. BUTING: So you didn't test the chemical composition of item FL?
KENNETH OLSON: No, I did not.
MR. BUTING: So you cannot say that the trace items of lead that you saw in either one of these two cranial fragments came from item FL; isn't that right?
KENNETH OLSON: That's correct.
MR. BUTING: Okay. Now, you were given some other duties besides this trace analysis of cranial fragments in this case, right?
KENNETH OLSON: That's correct.
MR. BUTING: And at one point, I believe in April, you were actually asked to examine a headboard?
KENNETH OLSON: Yes, I was.
MR. BUTING: And that, for the record, is an item that's -- I don't know if you gave the designation or it was already designated, this for you, or by someone else in your lab before you got it, as item GI?
KENNETH OLSON: That's correct.
MR. BUTING: And you were looking -- Among other things, you were looking for the possible presence of rope fibers on that headboard, right?
KENNETH OLSON: That's correct.
MR. BUTING: And was it your understanding that you were looking for the possible presence of rope fibers on the spindles of that headboard to see whether there was any evidence of possible rope being used as a restraint?
KENNETH OLSON: That's correct.
MR. BUTING: Did you find any rope fibers?
KENNETH OLSON: No, I did not.
MR. BUTING: Thank you, no further questions.
THE COURT: Any redirect?
MR. FALLON: Sure.
REDIRECT EXAMINATION BY ATTORNEY FALLON:
MR. FALLON: What is the main elemental composition of a bullet?
KENNETH OLSON: Lead.
MR. FALLON: .22 caliber bullets contain lead?
MR. BUTING: Objection. This has been -- I think this was testified to by the prior witness.
MR. FALLON: Well, he asked, this is appropriate redirect.
MR. BUTING: Okay.
THE COURT: I believe it is.
MR. BUTING: That's fine.
MR. FALLON: (By Attorney Fallon)~ The .22 caliber bullets contain lead?
KENNETH OLSON: Almost 99 percent lead.
MR. FALLON: That's all. Thank you.
RECROSS-EXAMINATION BY ATTORNEY BUTING:
MR. BUTING: Bullets also contain -- or bullets are composed of different elements, right?
KENNETH OLSON: The major component is lead, but depending if they want to harden the lead, they will add antimony or tin to the bullet to make it harder. Some bullets have copper jackets with a lead core. Some bullets have a silver tipped or aluminum coating with a lead core.
MR. BUTING: Right. So some bullets are coated, some bullets are not?
KENNETH OLSON: Correct.
MR. BUTING: You did not test item FL to see whether it was a coated or non-coated, did you?
MR. FALLON: Objection, asked and answered. He asked if he tested FL at all and he said no.
THE COURT: It's a fair summary question, I will allow it.
MR. BUTING: (By Attorney Buting)~ Is that right?
KENNETH OLSON: Could you repeat it, please.
MR. BUTING: You did not test item FL to see if it was a coated or non coated bullet?
KENNETH OLSON: I did not examine item FL.
MR. BUTING: That's all. Thank you.
THE COURT: All right. The witness is excused.
KENNETH OLSON: Thank you, your Honor.
THE COURT: You're welcome.
MR. FALLON: Could we have a quick sidebar?
THE COURT: Sure. Is it relating to scheduling, I take it?
MR. FALLON: Yes.
THE COURT: All right. Members of the jury, we're going to take a short break. We'll resume in a few minutes. I will remind you not to discuss the case during your break.
(Jury not present.)
THE COURT: You may be seated.
MR. FALLON: We're going to go check and see on the progress that Dr. Jentzen is making.
THE COURT: If he is not here yet, is he reachable by cellphone?
MR. FALLON: He may very well be. I believe Mr. Gahn is checking on that.
THE COURT: Let me know in chambers what you find.
MR. FALLON: Sure. Thank you.
(Recess taken.)
(Jury present.)
THE COURT: Mr. Gahn, you may call the State's next witness.