Grand Jury Testimony

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       MS. PRIVER:  YOU MAY CALL YOUR NEXT WITNESS.

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       MR. HUM:  DR. WILSON HAYES.

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              (PAUSE IN THE PROCEEDINGS.)

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              (THE WITNESS ENTERED THE GRAND JURY

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              HEARING ROOM.)

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       MS. PRIVER:  DR. HAYES, IF YOU WOULD WALK TOWARDS

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THE WITNESS STAND THERE.  REMAIN STANDING FOR A MOMENT.

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RAISE YOUR RIGHT HAND FOR US.

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              AND OUR FOREPERSON IS ON THE END, IF YOU

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WOULD FACE HIM.

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              MR. FOREPERSON.

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                      WILSON HAYES,

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CALLED AS A WITNESS BEFORE THE GRAND JURY OF THE COUNTY

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OF LOS ANGELES, WAS SWORN AND TESTIFIED AS FOLLOWS:

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       THE FOREPERSON:  DO YOU SOLEMNLY STATE THAT THE

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EVIDENCE YOU SHALL GIVE IN THIS MATTER NOW PENDING BEFORE

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THE GRAND JURY OF THE COUNTY OF LOS ANGELES SHALL BE THE

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TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO

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HELP YOU GOD?

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       THE WITNESS:  I DO.

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       MS. PRIVER:  THANK YOU.

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              PLEASE BE SEATED.

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              WOULD YOU STATE AND SPELL YOUR FULL NAME

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FOR THE RECORD.

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       THE WITNESS:  YES.  IT IS WILSON, W-I-L-S-O-N,

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CARLYLE, C-A-R-L-Y-L-E, LAST NAME IS HAYES, H-A-Y-E-S.

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AND THAT'S PH.D.

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       MS. PRIVER:  THANK YOU.

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                       EXAMINATION

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BY MR. HUM:

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       Q      GOOD MORNING, DR. HAYES.

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       A      GOOD MORNING.

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       Q      DR. HAYES, DO YOU ALSO GO BY THE NAME OF

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TOBY HAYES?

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       A      I DO.

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       Q      DR. HAYES, CAN YOU TELL US WHAT YOUR

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OCCUPATION AND CURRENT EMPLOYMENT IS, PLEASE?

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       A      YES.  I AM A BIOMECHANICAL ENGINEER.  I AM

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PROFESSOR OF EXERCISE AND SPORTS SCIENCE AT OREGON STATE

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UNIVERSITY IN CORVALLIS, OREGON.  I AM ALSO AN ADJUNCT

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PROFESSOR OF MECHANICAL ENGINEERING AT OREGON STATE

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UNIVERSITY, AND I AM AN ADJUNCT PROFESSOR OF ORTHOPEDICS

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AND REHABILITATION AT OREGON HEALTH AND SCIENCE

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UNIVERSITY, WHICH IS THE MEDICAL SCHOOL IN PORTLAND.

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FINALLY, I AM PRESIDENT AND C.E.O. OF AN INJURY

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BIOMECHANICS CONSULTING FIRM IN CORVALLIS CALLED HAYES &

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ASSOCIATES.

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       Q      DR. HAYES, CAN YOU TELL US:  YOU MENTIONED

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INJURY BIOMECHANICS.  WHAT IS INJURY BIOMECHANICS, AND

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SPECIFICALLY HOW DOES IT RELATE TO FALLS?

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       A      INJURY BIOMECHANICS, IF WE BREAK THE TERM

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DOWN, INJURIES ARE OUR COMMON SENSE USE OF THE TERM.  IT

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IS SOMETHING WHERE A PART OF THE ANATOMY NO LONGER WORKS,

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FRACTURE OF A BONE, AN INJURY TO A TENDON, A HEAD INJURY.

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              BIOMECHANICS IS THE APPLICATION OF

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MECHANICAL ENGINEERING IDEAS TO BIOLOGICAL SYSTEMS.

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PARTICULARLY IN THE WORK I DO IT'S ABOUT THE

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MUSCULOSKELETAL SYSTEM.  A LOT OF MY WORK HAS INVOLVED

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THE BIOMECHANICS OF FALLS.

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              AND SO WHEN WE TALK ABOUT INJURY

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BIOMECHANICS RELATED TO FALLS, IT'S HOW PEOPLE GET HURT

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OR HOW THEY FALL IN ORDER TO SUSTAIN INJURIES.  THAT'S

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THE FOCUS OF THIS CASE AND A NUMBER OF OTHERS OF OUR

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CASES.

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       Q      CAN YOU TELL US A LITTLE BIT ABOUT YOUR

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EDUCATIONAL BACKGROUND?

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       A      YES, I CAN.

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              I DID THE UNDERGRADUATE YEARS IN MECHANICAL

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ENGINEERING AT STANFORD UNIVERSITY.  THAT WAS 1960 TO

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'64.  I TOOK A MASTER'S DEGREE ALSO IN MECHANICAL

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ENGINEERING AT STANFORD UNIVERSITY, '64 TO '66.

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              I GOT INTERESTED IN THE APPLICATIONS OF

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ENGINEERING TO MEDICINE DURING THAT TIME AND THEN WAS

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ADMITTED TO A GRADUATE PROGRAM AT NORTHWESTERN UNIVERSITY

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IN WHAT IS CALLED BIOMEDICAL ENGINEERING, GRADUATING WITH

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A PH.D. IN BIOMEDICAL ENGINEERING AT NORTHWESTERN IN

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1970.

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              AS PART OF THAT PROGRAM I WAS REQUIRED TO

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TAKE THE BASIC SCIENCE YEARS OF MEDICAL SCHOOL ALONG WITH

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MEDICAL STUDENTS.  SO IN ADDITION TO GETTING A PH.D. IN

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BASICALLY MECHANICAL ENGINEERING, I ALSO TOOK ANATOMY AND

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PHYSIOLOGY AND NEUROPHYSIOLOGY ALONG WITH MEDICAL

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STUDENTS AS PART OF THAT TRAINING.

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       Q      DID YOU HAVE ALSO ANY POST-DOCTORAL

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TRAINING?

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       A      I DID.  I SPENT A YEAR IN DAVOS,

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SWITZERLAND, STUDYING THE BIOMECHANICS OF FRACTURE.  IT'S

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A SKI TOWN WHERE LOTS OF FRACTURES OCCURRED.

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              AND THEN I SPENT A SECOND POST-DOCTORAL

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YEAR IN THE PERIOD 1970 TO '71 AT THE KAROLINSKA

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INSTITUTE IN STOCKHOLM, SWEDEN, PERTAINING TO THE SUBJECT

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MATTER OF MY PH.D., WHICH WAS THE BIOMECHANICS OF

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ARTHRITIS.

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       Q      DO YOU HAVE OR HAVE YOU HAD ANY FACULTY OR

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TEACHING APPOINTMENTS?

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       A      YES, I HAVE.

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              AFTER COMPLETING MY PH.D. AND MY

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POST-DOCTORAL TRAINING, I RETURNED TO STANFORD UNIVERSITY

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AS ASSISTANT PROFESSOR OF MECHANICAL ENGINEERING, WITH A

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JOINT APPOINTMENT IN THE DEPARTMENT OF ORTHOPEDICS AT

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STANFORD MEDICAL SCHOOL.  I WAS IN THAT ROLE FROM 1971 TO

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1976.

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              I THEN MOVED TO THE UNIVERSITY OF

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PENNSYLVANIA, BECAME AN ASSOCIATE PROFESSOR OF

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ORTHOPEDICS, WITH A SECONDARY APPOINTMENT IN THE

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DEPARTMENT OF BIOENGINEERING.

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              AND FINALLY IN 1979 I TOOK A POSITION AS

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FIRST ASSOCIATE PROFESSOR AND THEN FULL PROFESSOR AT

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HARVARD MEDICAL SCHOOL IN THE DEPARTMENT OF ORTHOPEDICS

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AND IN THE DEPARTMENT OF BIOMEDICAL ENGINEERING, IT WAS

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CALLED HEALTH SCIENCES AND TECHNOLOGY, AT M.I.T.  SO I

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WAS IN THAT JOINT ROLE, WITH MY PRIMARY APPOINTMENT IN

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ORTHOPEDICS AT HARVARD MEDICAL SCHOOL AND A SECONDARY

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APPOINTMENT AT M.I.T. FROM THE PERIOD OF 1979 UNTIL 1998.

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              AND AT THAT POINT I MOVED TO OREGON STATE

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UNIVERSITY IN CORVALLIS, TO THE POSITIONS THAT I NOW

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HOLD.

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       Q      AND HOW ABOUT RESEARCH APPOINTMENTS OR

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RESEARCH GRANTS; DID YOU RECEIVE ANY OF THOSE?

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       A      YES.  OVER THE YEARS ONE MUST -- IN ORDER

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TO FUND A RESEARCH PROGRAM IN ACADEMIA, ONE MUST APPLY

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FOR RESEARCH GRANTS.

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              I HAVE BEEN FORTUNATE TO WORK WITH GREAT

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PEOPLE OVER THE YEARS, AND WE HAVE BEEN FUNDED BY THE

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NATIONAL INSTITUTES OF HEALTH, BY THE CENTERS FOR DISEASE

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CONTROL, AND BY A WIDE VARIETY OF FEDERAL AND PRIVATE

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AGENCIES.  EXAMPLES MIGHT BE GENERAL MOTORS FOR STUDY OF

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THE NECK; AIR FORCE FOR STUDY OF THE NECK.

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              I THINK ONE OF THE MOST RELEVANT OF OUR

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RESEARCH GRANTS OVER THE YEARS HAS BEEN, AND THAT IS

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RELEVANT TO THIS CASE, HAS BEEN THE STUDY OF FALLING IN

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THE ELDERLY, REALLY ASKING THE QUESTION:  HOW DOES

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GRANDMA BREAK HER HIP?  AND FOR THAT WE HAVE DEVELOPED

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MATHEMATICAL MODELS FOR THE STUDYING -- FOR THE STUDY OF

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FALLS AND IMPACT THAT ARE THE KIND OF MATHEMATICAL MODELS

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THAT WE HAVE USED IN THIS CASE.

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       Q      HOW ABOUT HOSPITAL OR CLINICAL

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APPOINTMENTS; HAVE YOU HAD THOSE?

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       A      YES.  I HAVE MENTIONED THAT I HAVE ALWAYS,

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THROUGHOUT MY CAREER, HAD A JOINT APPOINTMENT OR A

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PRIMARY APPOINTMENT IN MEDICINE.  THOSE HAVE ALSO

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RESULTED IN SOME CLINICAL APPOINTMENTS, ALTHOUGH IT

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SHOULD BE CLEAR THAT I AM NOT A PHYSICIAN, I AM NOT AN

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M.D., I DON'T TREAT PATIENTS.

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              BUT I HAVE BEEN VERY INVOLVED IN CLINICAL

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ACTIVITIES.  IT BECAME PARTICULARLY INTENSE IN BOSTON,

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WHERE I WAS VICE-CHAIRMAN FOR RESEARCH IN ORTHOPEDICS,

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ATTENDED ROUNDS, WHICH IS WHERE PHYSICIANS LOOK AT X-RAYS

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AND MRI'S ON A DAILY BASIS, AND EVEN FOR A SHORT PERIOD

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OF TIME IN THE EARLY NINETIES WAS CHAIRMAN OF THE

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DEPARTMENT OF ORTHOPEDICS AT BOSTON'S BETH ISRAEL

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DEACONESS MEDICAL CENTER, A BIT OF AN ANOMALY WITH AN

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ENGINEER RUNNING A DEPARTMENT OF ORTHOPEDICS.  BUT I

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HAPPENED TO BE THE SENIOR ACADEMIC PERSON AT THE TIME AND

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WAS ASKED TO TAKE THAT ROLE.

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       Q      NOW, DR. HAYES, CAN YOU EXPLAIN TO US WHAT

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A PEER-REVIEWED PUBLICATION IS AND WHETHER OR NOT YOU

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HAVE ANY, YOU HAVE AUTHORED ANY OF THOSE?

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       A      A PEER-REVIEWED PUBLICATION IS -- SAY A

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PERSON IN ACADEMIA WISHES TO HAVE THE RESULTS OF THEIR

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RESEARCH PUBLISHED IN THE LITERATURE.  YOU WRITE A DRAFT

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OF THE ARTICLE; YOU SEND IT OFF TO THE JOURNAL.  LET'S

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SAY IT'S THE JOURNAL OF BONE AND JOINT SURGERY OR

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SOMETHING.  THE EDITOR OF THAT JOURNAL THEN SENDS IT OUT

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FOR PEER REVIEW TO, SAY, THREE OR FOUR OTHER RESEARCHERS

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WHO ARE KNOWLEDGEABLE IN THE FIELD.  THEY THEN MAKE A

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DECISION AND A RECOMMENDATION AS TO WHETHER IT SHOULD BE

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PUBLISHED, WHETHER IT SHOULD BE REVISED OR SOMETIMES

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WHETHER IT SHOULD BE REJECTED.  BECAUSE IT GOES THROUGH

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THAT PROCESS OF REVIEW, IT IS CALLED A PEER-REVIEWED

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ARTICLE.  AND IT'S, I SUPPOSE, THE HIGHEST STANDARD OF

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PUBLICATION IN ACADEMIA.

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       Q      HAVE YOU AUTHORED ANY PEER-REVIEWED

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PUBLICATIONS?

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       A      YES.  AND I SHOULD VERY MUCH NOTE THAT

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ALONG WITH COLLEAGUES MY GROUP HAS AUTHORED SOME 190

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PEER-REVIEWED PUBLICATIONS.

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       Q      NOW, CAN YOU ALSO TELL US JUST WHAT ASPECTS

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OF YOUR TRAINING, EDUCATION, EXPERIENCE AND BACKGROUND

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ARE PARTICULARLY RELEVANT TO THIS PARTICULAR CASE?

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       A      I THINK THERE ARE THREE AREAS.  THE FIRST

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AREA IS FALL BIOMECHANICS.  MUCH OF MY ACADEMIC RESEARCH

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LIFE HAS BEEN FOCUSED ON THE ISSUE OF FALLING AND

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INJURIES ASSOCIATED WITH FALLING.  AND THEY RANGE FROM

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FALLS THAT OCCUR FROM WHAT WE CALL STANDING HEIGHT, WHICH

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MIGHT OCCUR IN A GROCERY STORE WHEN SOMEBODY SIMPLY FALLS

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TO THE GROUND.  THEY HAVE INVOLVED FALLS FROM WHAT I

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MIGHT CALL MODERATE HEIGHT, SAY 20 FEET OR 30 FEET ON A

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TYPICAL CONSTRUCTION SITE; OR THEY HAVE INVOLVED FALLS

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FROM GREAT HEIGHT, WHICH ARE USUALLY CLIFF FALLS.

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              MY ACADEMIC WORK HAS INVOLVED THOSE KINDS

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OF FALLS.  AND MY FORENSIC AND LITIGATION-RELATED WORK

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HAS INVOLVED THE HIGHER FALLS FROM MODERATE AND GREAT

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HEIGHT.  AND OUR FIRM HAS BEEN INVOLVED NOW, I THINK IT

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IS, IN SIX OR MORE CASES AROUND THE COUNTRY THAT ARE

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SOMETIMES REFERRED TO AS ASSISTED FALLS FROM HEIGHT, OR

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WHERE THE QUESTION OF WHETHER THE FALL WAS INTENTIONAL OR

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UNINTENTIONAL HAS BEEN RAISED.

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              SO THE ISSUES OF THIS CASE IS SOMETHING

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THAT MY GROUP AND OUR FIRM HAS BEEN INVOLVED WITH ON A

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NUMBER OF OCCASIONS.

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       Q      AND HAVE YOU TESTIFIED AS AN EXPERT IN BOTH

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CRIMINAL AND CIVIL TRIALS THROUGHOUT THE COUNTRY?

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       A      YES, I HAVE.

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       Q      NOW, DR. HAYES, BACK IN AUGUST OF 2002 WERE

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YOU CONTACTED BY A PARALEGAL IN THE LOS ANGELES -- FROM

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THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE

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REGARDING THIS CASE?

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       A      YES.  YVONNE SMITH CALLED ME ON

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AUGUST 7TH, 2002.

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       Q      AND WERE YOU REQUESTED TO REVIEW VARIOUS

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REPORTS AND PHOTOGRAPHS, AS WELL AS CONDUCT A SCENE

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ANALYSIS, IN AN ATTEMPT TO DETERMINE WHETHER OR NOT THE

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DEATH OF LAUREN KEY WAS ACCIDENTAL OR WHETHER OR NOT IT

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WAS INTENTIONAL?

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       A      YES, I WAS.

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       Q      NOW, AT THE TIME YOU WERE CONTACTED, YOU

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SPOKE WITH MISS SMITH, CORRECT?

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       A      YES.

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       Q      AND YOU ALSO SPOKE WITH ME?

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       A      I DID.

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       Q      DID ANYONE INDICATE TO YOU THAT WE WERE

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LOOKING FOR A PARTICULAR RESULT, THAT WE WERE LOOKING FOR

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THIS TO BE INTENTIONAL OR WE WERE LOOKING FOR THIS TO BE

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ACCIDENTAL?

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       A      TO THE CONTRARY.  I WAS SIMPLY ASKED TO

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OBJECTIVELY EXAMINE THE FACTS RELATED WITH THIS CASE AND

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UNDERTAKE WHATEVER STUDIES WERE NECESSARY IN ORDER TO

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ADDRESS THE FUNDAMENTAL QUESTION OF THE CASE.  AND I

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BELIEVE I BROUGHT TO THE ANALYSIS OF THIS CASE EXACTLY

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THE SAME SORTS OF SCIENTIFIC METHODS AND OBJECTIVITY THAT

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WE DO IN ALL THE REST OF OUR WORK.

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       Q      NOW, INITIALLY WERE YOU GIVEN A VOLUME OF

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WRITTEN MATERIAL, AS WELL AS PHOTOGRAPHS, TO REVIEW?

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       A      YES, I WAS.

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       Q      AND SUBSEQUENT TO THE REVIEW OF THOSE

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REPORTS AND PHOTOGRAPHS, DID YOU ALSO CONDUCT AN ANALYSIS

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OF THE SCENE ON YOUR OWN, AS WELL AS USING SOME REPORTS

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AND ANALYSES PREPARED BY OTHER FIRMS?

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       A      YES.  YES, I DID.

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       Q      AND BASED ON ALL OF THAT INFORMATION, DID

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YOU PREPARE A REPORT WITH REGARD TO YOUR FINDINGS AND

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CONCLUSIONS?

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       A      I DID.

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       Q      DR. HAYES, I WANT TO SHOW YOU A 14-PAGE

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REPORT THAT HAS BEEN MARKED AS EXHIBIT NO. 18 AND ASK YOU

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IF THAT IS, IN FACT, THE REPORT THAT YOU PREPARED

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DETAILING YOUR BACKGROUND, WHAT YOU WERE ASKED TO DO,

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WHAT YOU REVIEWED AND WHAT YOUR CONCLUSIONS WERE?

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       A      YES, IT IS A REPORT DATED SEPTEMBER 12,

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2003, ADDRESSED TO YOU.  IT'S ENTITLED "THE PALOS VERDES

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FALL INVESTIGATION."  AND IT COMPORTS WITH MY COPIES OF

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THIS REPORT, EXCEPT SOME LINES OF TEXT AND AN OCCASIONAL

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PAGE OR TWO HAVE BEEN REDACTED, I BELIEVE BY YOUR OFFICE.

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       Q      AND WE HAVE GONE OVER THE PORTIONS THAT

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HAVE BEEN TAKEN OUT, CORRECT?

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       A      WE HAVE.

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       Q      THERE ARE A COUPLE OF PLACES WHERE THERE IS

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SIMPLY SOMETHING GRAMMATICALLY THAT WAS REMOVED, CORRECT?

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       A      THAT'S CORRECT.

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       Q      AND THEN THERE IS A PORTION THAT'S A LITTLE

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MORE THAN A PAGE THAT'S REMOVED THAT ONLY CONSISTED OF

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YOUR SUMMARY OF WHAT THE POLICE REPORTS SAID, CORRECT?

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              IN OTHER WORDS, AFTER YOU READ THE POLICE

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REPORTS, YOU SUMMARIZED THOSE REPORTS IN YOUR OWN REPORT?

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       A      I DID.  AND IT HAS BEEN REMOVED, YES.

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       Q      WERE ANY OF YOUR FINDINGS OR CONCLUSIONS IN

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ANY WAY ALTERED OR REMOVED FROM THAT REPORT?

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       A      THEY WERE NOT.  NOTHING SUBSTANTIVE FROM

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THIS REPORT, INCLUDING METHODS, RESULTS OR MY CONCLUSIONS

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AND OPINIONS, WAS CHANGED.

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       Q      NOW, IN ADDITION TO THAT REPORT, DR. HAYES,

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DID YOU ALSO PREPARE A VISUAL PRESENTATION TO HELP

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EXPLAIN AND HELP US UNDERSTAND WHAT YOU DID AND WHAT YOU

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CONCLUDED?

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       A      I DID.

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       Q      AND I WOULD LIKE TO GO THROUGH THAT

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PRESENTATION WITH YOU NOW USING THE PROJECTOR HERE AND

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THE SCREEN AND ASK YOU TO EXPLAIN THE VARIOUS PORTIONS OF

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THE PRESENTATION AND WHAT THEY MEAN, WHAT THEY SIGNIFY

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FOR US.

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       A      I WOULD BE HAPPY TO DO THAT.

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              MR. FOREPERSON, COULD I MOVE THIS LECTERN

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AROUND A LITTLE BIT SO THAT I CAN SEE THE SCREEN AND USE

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A LASER POINTER?

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       MS. PRIVER:  YOU MAY.

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       THE WITNESS:  OKAY.

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       MS. PRIVER:  IF YOU ARE GOING TO POINT AT

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SOMETHING, WOULD YOU DESCRIBE WHAT YOU ARE DOING FOR US.

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       THE WITNESS:  I WILL DO THAT.  YOU MIGHT REMIND ME

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IF I FORGET TO.

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       MS. PRIVER:  I SHALL DO THAT.

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              MAYBE YOU COULD ANGLE A LITTLE LESS SO OUR

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COURT REPORTER CAN SEE YOUR MOUTH.  THAT'S BETTER I THINK

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FOR HER, JUST SO IF SHE NEEDS TO TURN AROUND.

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       THE WITNESS:  IS THIS ALL RIGHT FOR YOU, MADAME

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REPORTER?

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       THE REPORTER:  THAT'S FINE.

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       MS. PRIVER:  DO YOU WANT TO MARK THE PRESENTATION?

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       MR. HUM:  I DO.

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              MR. FOREPERSON, I WOULD REQUEST THAT THE

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GROUP OF SLIDES THAT WILL BE PRESENTED, WHICH ARE 17 IN

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NUMBER, BE MARKED AS THE NEXT EXHIBIT, WHICH IS EXHIBIT

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NO. 19.

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       THE FOREPERSON:  SO MARKED.

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              (MARKED FOR ID: = EXHIBIT 19.)

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       Q      BY MR. HUM:  DR. HAYES, THE INITIAL SLIDE

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WHICH IS PROJECTED UP ONTO THE SCREEN NOW, CAN YOU TELL

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US WHAT THAT SHOWS US?

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       A      YES.  IT'S MEANT TO BE SIMPLY A SUMMARY

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SLIDE THAT POINTS OUT THE DATE OF LAUREN KEY'S DEATH,

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NOVEMBER 8TH, 2000, AT INSPIRATION POINT, THE LOCATION IN

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CALIFORNIA, AND IS MEANT TO PROVIDE AN OVERVIEW OF THE

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STEPS OF THE ANALYSIS THAT WE TOOK.

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              WE HAVE ALREADY TALKED ABOUT LOOKING AT THE

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BACKGROUND INFORMATION, INCLUDING POLICE REPORTS, VARIOUS

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ITEMS OF EVIDENCE AND A LARGE NUMBER OF PHOTOGRAPHS OF

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THE SCENE.  WE THEN IN THESE CASES USE THE DECEDENT'S

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INJURIES AS A KIND OF SIGNATURE TO THE EVENT.  AND WHAT

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WE HAVE TO BE ABLE TO SHOW IS THAT THE FALL, WHETHER IT

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WAS ASSISTED OR WAS ACCIDENTAL, COULD PRODUCE THOSE

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INJURIES.

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              SO THAT'S BASICALLY THE APPROACH THAT WE

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TAKE TO THE CASE:  WHAT WERE HER INJURIES, WHAT KIND OF

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FALL WOULD OCCUR IF SHE HAD SLIPPED, WHAT KIND OF FALL

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WOULD HAVE OCCURRED IF SHE WAS INTENTIONALLY LAUNCHED

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FROM THE CLIFF, AND THEN WHICH OF THOSE SCENARIOS WOULD

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PRODUCE THE INJURIES FOUND.  AND THAT'S WHAT WE WILL BE

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LOOKING AT.

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       Q      NOW, WHEN YOU ATTEMPT TO MAKE THAT

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DETERMINATION, ARE YOU ALWAYS ABLE TO DETERMINE WHETHER

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OR NOT SOMETHING WAS A SLIP OR A DELIBERATE LAUNCH?

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       A      WE ARE NOT ALWAYS.  IF WE HAVE A CASE WHERE

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THERE IS AN UNOBSTRUCTED FALL FROM A HOTEL BALCONY, FOR

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INSTANCE, TO A PARKING LOT, IN THOSE CASES WE CAN MAKE A

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DETERMINATION.  BUT IN SOME CASES WHERE THERE IS A

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COMPLEX FALL WITH MULTIPLE IMPACTS ON A CLIFF, IT'S MUCH

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MORE DIFFICULT TO MAKE A DETERMINATION.

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              THIS CASE FELL BETWEEN THOSE TWO.  AND YOU

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WILL SEE BECAUSE OF THE SPECIFIC CIRCUMSTANCES OF THIS

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CASE IT WAS POSSIBLE TO MAKE A BEYOND REASONABLE DOUBT

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KIND OF DETERMINATION OF THE ORIGIN OF THIS FALL.

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       Q      AND THERE WAS ALSO A SIGNIFICANT PRIMARY

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QUESTION THAT I ASKED YOU TO MAKE A DETERMINATION ON; IS

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THAT CORRECT?

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       A      THAT IS CORRECT.  AND THAT QUESTION,

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PROBABLY NOT PUT AS WELL AS YOU DID, BUT PUT IN TERMS

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THAT I THINK ARE EASY TO UNDERSTAND, IS SUMMARIZED HERE:

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DID LAUREN KEY UNINTENTIONALLY FALL FROM INSPIRATION

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POINT TO HER DEATH, OR WAS SHE INSTEAD PUSHED OR THROWN

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FROM THE TOP OF THE CLIFF?

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              AND THIS SLIDE ON YOUR LEFT SHOWS A

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PHOTOGRAPH FROM THE ROCKY PROMONTORY BELOW INSPIRATION

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POINT, WHICH IS SHOWN HERE.  IN THE UPPER RIGHT PART OF

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THIS PHOTOGRAPH YOU SEE A PROJECTION OF ROCK THAT HIDES

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OUR VIEW OF THE POINT OF DEPARTURE THAT YOU WILL SEE

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OTHER VIEWS OF.

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              AND RIGHT HERE YOU SEE A WATERY INLET, AND

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THAT DARK REGION IS AN OCEAN CAVE.  AND THIS IS THE

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REGION OF WATER WHERE MR. BROWN SAID THAT HE FOUND HIS

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DAUGHTER, ROUGHLY TWO-THIRDS OF THE WAY FROM THE BACK OF

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THIS INLET TO THE OCEAN, AND APPROXIMATELY IN THE MIDDLE

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OF THE INLET.

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              AND MR. BROWN ALSO POINTED OUT FROM BELOW

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THAT THE POINT OF DEPARTURE WAS ROUGHLY IN THIS REGION

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(POINTING).  SO WE DO KNOW FROM THIS AND OTHER EVIDENCE

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THAT THE FALL LINE HAD TO END UP IN THE WATER AND HAD TO

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COME FROM HERE (POINTING), SO THE REAL QUESTION IS:  HOW

9

DID SHE GET FROM HERE TO HERE (POINTING)?

10

       Q      AND YOU TALKED A LITTLE BIT ABOUT THE

11

METHODS THAT YOU USE, BUT YOU ALSO PREPARED A SLIDE

12

SHOWING IN MORE DETAIL WHAT THOSE METHODS WERE, CORRECT?

13

       A      YES.  AND HERE ARE THE STEPS THAT I HAVE

14

ALREADY DESCRIBED.  OUR FIRST TASK IS TO UNDERSTAND HER

15

INJURIES AND ADDRESS THE QUESTION:  ARE THOSE INJURIES

16

CONSISTENT WITH SLIDING DOWN THIS CLIFF AND MULTIPLE

17

IMPACTS, OR ARE THEY CONSISTENT WITH A SINGLE, MASSIVE

18

IMPACT TO THE CLIFF AND INTO THE WATER, OR SOMETHING

19

ELSE?

20

              THEN TO ADDRESS THE QUESTION, THE SECOND

21

THING THAT WE NEED TO KNOW IS:  WHAT DOES THE CLIFF LOOK

22

LIKE?  NOT ONLY WHAT IT LOOKS LIKE, BUT WHAT IS ITS

23

SHAPE?  AND I WILL START INTRODUCING A KIND OF WAY TO

24

DESCRIBE THE EDGE OF THIS CLIFF.  IF YOU THINK ABOUT IT

25

AS A CAKE ALMOST WITH FROSTING THAT IS OF A COMPLICATED

26

SHAPE, WE ARE GOING TO TAKE CUTS THROUGH THAT CAKE AT

27

VARIOUS LOCATIONS AND LOOK AT THE EDGES OF THE CLIFF.

28

AND SO WE NEEDED TO HAVE THE KIND OF INFORMATION

240

1

NECESSARY TO DESCRIBE THE GEOMETRY IN THE REGION THAT I

2

MENTIONED.

3

              AND, THIRDLY, WE THEN NEED TO KNOW -- WE

4

NEED TO INVOKE WHAT WE KNOW FROM SCIENCE ABOUT HOW PEOPLE

5

FALL, WHAT PATH, HOW DO THEY MOVE THROUGH SPACE; AND SO

6

WE WILL LOOK AT SOME OF THE THINGS THAT WE NEED TO KNOW

7

IN ORDER TO PREDICT THAT PATH SO THAT WE CAN ANSWER THE

8

QUESTION:  WHERE WOULD LAUREN HIT THE CLIFF?  AND THEN

9

FINALLY WE ASK THE QUESTION:  WHICH OF THOSE SCENARIOS,

10

SLIPPING OR BEING LAUNCHED, IS CONSISTENT WITH HER

11

INJURIES?

12

       Q      AND IN CONDUCTING THIS ANALYSIS, SOME OF

13

THE INFORMATION YOU USED CAME FROM SOME FAIRLY GRAPHIC

14

AUTOPSY PHOTOS; IS THAT CORRECT?

15

       A      MORE THAN FAIRLY GRAPHIC, YES.  GRAPHIC

16

AUTOPSY PHOTOS THAT WERE TAKEN OF LAUREN.

17

       Q      AND YOU HAVE PREPARED SLIDES OF WHAT YOU

18

FELT WERE THE MOST SIGNIFICANT ONES TO YOUR ANALYSIS?

19

       A      YES, I DID.

20

       Q      CAN YOU EXPLAIN TO US WHY THESE THREE

21

PARTICULAR PHOTOGRAPHS ARE SIGNIFICANT TO YOU AND YOUR

22

ANALYSIS?

23

       A      THESE ARE PICTURES OF LAUREN TAKEN AT

24

AUTOPSY THAT FOCUS ON PRIMARILY HER CHEST AND UPPER

25

EXTREMITIES, AS WELL AS HER HEAD.

26

              THERE IS SEVERAL REASONS WHY THESE

27

PARTICULAR PHOTOGRAPHS ARE PARTICULARLY SIGNIFICANT.

28

              FIRST, THEY SHOW A MASSIVE IMPACT AND

241

1

LACERATIONS TO THE HEAD, PRIMARILY THE FOREHEAD, WHERE

2

THE CORONER DESCRIBED GAPING, OPEN LACERATIONS TO THE

3

FOREHEAD, TO THE LEFT SIDE OF HER FACE.  NOT VISIBLE HERE

4

ARE EXTENSIONS OF THESE FRACTURES TO THE FOREHEAD, OR

5

FRONTAL BONE, THAT EXTENDS THROUGHOUT THE REST OF THE

6

SKULL.

7

              THEY ALSO SHOW HIGHLY CONCENTRATED

8

LACERATIONS TO THE UPPER CHEST.  ON THE FRONT THEY SHOW A

9

MARKED DEVIATION OF THE RIGHT WRIST, WHICH IS EVIDENCE OF

10

A FRACTURE/DISLOCATION OF THE WRIST THAT COMMONLY OCCURS

11

WHEN YOU PUT YOUR HAND OUT TO BREAK A FALL.

12

              BUT I WOULD ALSO LIKE YOU TO BE AWARE OF

13

THE FACT THAT THERE ARE NO EXTENSIVE LACERATIONS,

14

ABRASIONS OR BRUISES TO THE EXTREMITIES OR TO THE REST OF

15

THE BODY.  SO THE REST OF THE BODY IS BASICALLY FREE OF

16

THE KINDS OF LACERATIONS AND BRUISES AND ABRASIONS THAT

17

WOULD BE CONSISTENT WITH SLIDING, MULTIPLE IMPACTS, ET

18

CETERA.

19

              I WILL JUST NOTE, WHILE THIS SLIDE IS HERE,

20

THE AUTOPSY REPORT ALSO NOTES THAT SHE HAD A

21

FRACTURE/DISLOCATION OF THE NECK AT THE POINT BETWEEN THE

22

TOP OF THE NECK, IT IS CALLED C-1, IT'S THE TOP BONE OF

23

THE NECK WHERE IT CONNECTS WITH THE SKULL.  AND THAT WAS

24

FRACTURED AND DISLOCATED.  AGAIN, ALONG WITH THIS MASSIVE

25

SKULL FRACTURE AND THOSE LACERATIONS, IT IS TYPICAL OF A

26

HIGH-VELOCITY, HIGH-IMPACT INJURY TO THE HEAD AND NECK.

27

              NEXT SLIDE.

28

       Q      AND NOW YOU HAVE THREE ADDITIONAL AUTOPSY

242

1

PHOTOGRAPHS.  CAN YOU TELL US WHY THOSE ARE PARTICULARLY

2

SIGNIFICANT?

3

       A      THESE SLIDES WOULD SHOW A PICTURE OF THE

4

BACK OF LAUREN'S TRUNK AND HER BUTTOCKS.  THEY SHOW THE

5

REST OF HER LOWER EXTREMITIES FROM THE FRONT, AND YOU CAN

6

SEE THE WRIST FRACTURE.  AND HER UPPER BACK AND BACK OF

7

HER NECK ARE SIGNIFICANT AGAIN BY THE ABSENCE OF

8

LACERATIONS, BRUISES, SCRAPES AND ABRASIONS THAT WOULD BE

9

TYPICAL OF SLIDING ON A ROCKY SLOPE OR MULTIPLE IMPACTS

10

WITH THE CLIFF.

11

       Q      NOW, DOCTOR, THERE DOES APPEAR TO BE SOME

12

TYPE OF DISCOLORATION ALONG THE UPPER BACK OF LAUREN'S

13

BODY.  CAN YOU EXPLAIN WHAT THAT WOULD BE FROM?

14

       A      YES.  THIS IS TYPICAL POST-MORTEM POOLING

15

OF BLOOD, ALMOST LIKE A BRUISE THAT OCCURS, NOT FROM

16

BRUISING, BUT SIMPLY BY THE FACT THAT LAUREN WAS PLACED

17

IN A SUPINE, OR LYING, POSITION FOR A PERIOD OF TIME

18

AFTER HER DEATH.  BLOOD POOLS IN THAT REGION, TYPICALLY

19

IN THE BACK, AND CAUSES JUST THIS SORT OF PATTERN.

20

       Q      SO THAT'S WHAT OCCURRED AFTER LAUREN DIED;

21

IT IS NOT INDICATIVE OF ANY BRUISING DURING A FALL; IS

22

THAT CORRECT?

23

       A      THAT IS CORRECT.

24

       Q      NOW, DID YOU ALSO PREPARE -- IN ADDITION TO

25

THE PHOTOS, DID YOU PREPARE A DIAGRAM DETAILING SOME OF

26

THE AUTOPSY RESULTS AND LAUREN'S SIGNIFICANT INJURIES?

27

       A      I DID.

28

       Q      CAN YOU TELL US WHAT WE SEE IN THIS?

243

1

       A      WHAT WE SEE IN THIS SLIDE, TITLED "AUTOPSY

2

RESULTS," ARE THE INJURIES THAT I HAVE MENTIONED, A

3

MASSIVE SKULL FRACTURE TO VARIOUS REGIONS OF THE SKULL

4

AND THE LEFT SIDE OF THE FACE, THESE GAPING LACERATIONS

5

TO THE FOREHEAD, CONCENTRATED ABRASIONS AND CONTUSIONS TO

6

THE UPPER TRUNK, OR THORAX, A FRACTURE SUBLUXATION --

7

THAT MEANS IT'S BOTH FRACTURED AND DISLOCATED -- OF THE

8

WRIST.  AND NOT NOTED HERE IS THE FRACTURE/DISLOCATION OF

9

THE JUNCTION BETWEEN THE NECK AND THE HEAD, THE

10

OCCIPITAL/C-1 JUNCTION.  AND ALL OF THESE WERE AS

11

REPORTED IN DR. CHINWAH'S AUTOPSY REPORT.

12

       Q      AND DID YOU ALSO PREPARE A SLIDE SHOWING

13

SOME OF THE RESULTS THAT YOU FOUND WITH REGARD TO HOW SHE

14

OBTAINED THESE INJURIES?

15

       A      YES.  MY REVIEW OF THESE INJURIES IN THE

16

AUTOPSY REPORT AND OTHER RECORDS INDICATES STRONGLY THAT

17

LAUREN'S MASSIVE TRAUMATIC INJURIES ARE CONSISTENT WITH A

18

SINGLE, HIGH-VELOCITY IMPACT TO THE CLIFF.  THEY FURTHER

19

INDICATE THAT SHE WAS IN A HEAD-DOWN ORIENTATION WITH HER

20

FACE FACING THE CLIFF WHEN THIS IMPACT OCCURRED.

21

              AND I WILL DEMONSTRATE THAT.  I AM HOLDING

22

MY LEFT HAND FACING THE GRAND JURY.  THAT'S TO REPRESENT

23

THE FACE OF THE CLIFF.  AND I'M TAKING MY RIGHT HAND --

24

OF COURSE, THIS ISN'T TO SCALE.  I'M TAKING MY RIGHT HAND

25

AND ALSO FACING THE GRAND JURY.  LAUREN'S HEAD WOULD BE

26

UP IN THIS POSITION, AND SHE WOULD BE FACING OUT AND AWAY

27

FROM INSPIRATION POINT TOWARDS THE OCEAN.  IS THAT CLEAR?

28

              WHAT THIS SLIDE IS TELLING YOU IS THAT SHE

244

1

LEAVES THE CLIFF IN THIS ORIENTATION.  AS SHE DESCENDS,

2

SHE FOLLOWS AN ARC, AND HER HEAD TURNS SO THAT IT IS

3

DOWN; AND SHE STRIKES THE CLIFF FACE WITH HER FACE

4

TOWARDS THE CLIFF, HER HEAD DOWN.  AND SHE IMPACTS THE

5

CLIFF WITH THE LEFT SIDE AND TOP OF HER FACE AND

6

FOREHEAD.  SHE HAS HER RIGHT HAND EXTENDED TO TRY TO

7

CATCH HERSELF; AND SHE HITS ONCE, AND NOT AGAIN, AND GOES

8

INTO THE WATER.

9

              SO THOSE FINDINGS ARE THUS CONSISTENT WITH

10

A SINGLE-IMPACT FALL AND INCONSISTENT, IN MY VIEW

11

COMPLETELY INCONSISTENT, WITH A FALL THAT IS ABOUT

12

SLIPPING, FALLING, SCRAPING, BOUNCING DOWN A SLOPE.

13

              AND SO THAT LEAVES US WITH A QUESTION,

14

WHICH IS:  COULD SHE HAVE SLIPPED -- IF WE KNOW WHAT THE

15

SLOPE LOOKS LIKE, COULD SHE HAVE SLIPPED ON THAT SLOPE

16

WITHOUT SUSTAINING A BUNCH OF ABRASIONS AND SCRAPES AND

17

SCRATCHES, CONSISTENT WITH GOING DOWN A REGION OF THE

18

SLOPE BEFORE GOING OFF?

19

       Q      AND IN ORDER TO CONDUCT THAT -- OR MAKE

20

THAT DETERMINATION, WOULD YOU HAVE TO HAVE A DETAILED

21

ANALYSIS OF THE TOPOGRAPHY OF THE CLIFF?

22

       A      YES.  AND THAT'S PRECISELY WHY WE HAD TO GO

23

THROUGH THE SUBSTANTIAL EFFORT TO UNDERSTAND, USING

24

AERIAL SURVEYS, EXACTLY WHAT THE CLIFF LOOKS LIKE IN THE

25

REGION OF THE POINT OF DEPARTURE AND THE REST OF THE

26

CLIFF.

27

              SO THE NEXT SLIDE SIMPLY SHOWS THE METHODS

28

THAT WE HAD TO USE IN ORDER TO UNDERSTAND WHAT THE CLIFF

245

1

LOOKS LIKE.

2

       Q      NOW, DR. HAYES, BEFORE WE GO ON, IN

3

ADDITION TO WHAT'S DETAILED ON THE SLIDE, YOU PERSONALLY

4

WENT OUT TO THE LOCATION WITH THE DETECTIVES AND ME AND

5

MISS SMITH FROM OUR OFFICE AND CONDUCTED YOUR OWN

6

ON-SCENE ANALYSIS AS WELL; IS THAT CORRECT?

7

       A      I DID.  I ACCOMPANIED YOU AND TWO

8

DETECTIVES.  WE STARTED AT -- I AM BLOCKING ON THE NAME

9

OF THE BEACH THAT IS BETWEEN PORTUGUESE POINT AND

10

INSPIRATION POINT.

11

       Q      SACREDS COVE, ABALONE COVE?

12

       A      ABALONE COVE.

13

              WE STARTED AT THE PARKING LOT ABOVE THE

14

PLAY AREA WHICH YOU MAY HAVE SEEN.  WE WALKED AROUND TO

15

PORTUGUESE POINT.  I TOOK PHOTOGRAPHS BOTH FROM THE NORTH

16

OF PORTUGUESE POINT; I TOOK PHOTOGRAPHS UP ON THE SURFACE

17

OF THE POINT IN THE REGION OF WHAT MR. BROWN DESCRIBED AS

18

THE POINT OF DEPARTURE WHERE HIS DAUGHTER FELL FROM.

19

       Q      ARE WE TALKING ABOUT INSPIRATION POINT?

20

       A      EXCUSE ME.  DID I SAY PORTUGUESE?

21

       MS. PRIVER:  YOU DID.

22

       THE WITNESS:  I MISSPOKE.  MY MISTAKE.  AT

23

INSPIRATION POINT.

24

              WE THEN TRIED TO GET OUT TO THE ROCKY

25

PROMONTORY AND THE LITTLE COVE TO VIEW THE CLIFF FROM

26

BELOW.  THE WATER WAS TOO HIGH AT THAT POINT, SO WE HAD

27

TO COME BACK WHEN THE TIDE WAS LOWER.

28

              AND SO WE WALKED OUT TO THAT ROCKY

246

1

PROMONTORY AND I TOOK, AGAIN, A BUNCH OF PHOTOGRAPHS FROM

2

BELOW IN ORDER TO PREPARE WHAT ARE MONTAGES, GROUP

3

PHOTOS, SO THAT THEY COULD BE FIT TOGETHER TO LOOK AT THE

4

CLIFF.

5

       Q      OKAY.  BASED ON THAT AND THE AERIAL

6

PHOTOGRAPHS FROM THE SHERIFF'S DEPARTMENT, DID THAT

7

PROVIDE YOU WITH ENOUGH INFORMATION TO MAKE THIS

8

ANALYSIS?

9

       A      WELL, I AM NOT SURE HOW YOU ARE ASKING THE

10

QUESTION.  WE HAD TO HAVE THIS AERIAL SURVEY DONE.  SO IF

11

YOUR QUESTION MEANT TO INCLUDE THE AERIAL SURVEY AS PART

12

OF THAT, YES; BUT IF IT DID NOT, NO.

13

       Q      OKAY.  FROM JUST THE PHOTOGRAPHS THAT YOU

14

TOOK AND THE PHOTOGRAPHS THAT THE SHERIFF'S DEPARTMENT

15

TOOK ON NOVEMBER 9TH, WERE YOU COMFORTABLE WITH JUST

16

USING THOSE PHOTOGRAPHS TO MAKE YOUR ANALYSIS; OR DID YOU

17

COMMISSION OR REQUEST ADDITIONAL INFORMATION?

18

       A      AS YOU MAY RECALL, AFTER REVIEWING THE

19

PHOTOGRAPHS THAT WE HAD AVAILABLE, AFTER REVIEWING OUR

20

OWN PHOTOGRAPHS, DOING THE MONTAGES, WE REALIZED THAT WE

21

DIDN'T HAVE SUFFICIENT INFORMATION ON THE DETAILED

22

TOPOGRAPHY, OR GEOMETRY, OF THIS CLIFF IN ORDER TO MAKE

23

THE ANALYSIS, AND SO WE REQUESTED THROUGH YOUR OFFICE

24

THAT THE L.A. COUNTY SHERIFF'S DEPARTMENT AND THE L.A.

25

DEPARTMENT OF PUBLIC WORKS CONDUCT AN AERIAL SURVEY OF

26

THE SCENE USING OVERFLIGHTS BY AIRPLANES AND

27

HIGH-RESOLUTION CAMERAS TO SURVEY THE SCENE.  AND THOSE

28

SURVEYS WERE DONE ON JANUARY 31ST, 2003, AND

247

1

FEBRUARY 17TH, 2003.

2

              AND THESE ARE DONE AT SUFFICIENTLY HIGH

3

RESOLUTION SUCH THAT THE MEASUREMENT ERROR, EVEN THOUGH

4

THIS IS A HUGE REGION, IS ON THE ORDER OF INCHES.  IT IS

5

DONE VERY ACCURATELY, SO WE KNOW THE CONTOURS OF THIS

6

CLIFF EXTREMELY WELL.

7

       Q      YOU HAVE ALSO PREPARED A SLIDE WITH THE

8

SCENE SURVEY.  CAN YOU EXPLAIN TO US WHAT THIS MEANS?

9

              AND I BELIEVE IT IS ALSO INCLUDED IN YOUR

10

REPORT; IS THAT CORRECT?

11

       A      YES, IT IS.

12

              DOES THIS LIGHT GO OFF IF I TURN THIS OFF?

13

       MS. PRIVER:  I THINK IF YOU TURNED THE LAMP ON ON

14

THE ELMO IT WOULD HELP, PERHAPS.

15

       Q      BY MR. HUM:  DOES THAT HELP AT ALL?

16

       MS. PRIVER:  YOU CAN TURN THAT LIGHT OFF.

17

       THE WITNESS:  WILL THIS ONE TURN THIS ONE OFF?

18

       MS. PRIVER:  NO, THE ONE ON THE FAR LEFT.

19

       THE WITNESS:  HOW IS THAT?  DOES THAT HELP A

20

LITTLE?

21

       MS. PRIVER:  VERY DARK.  IS THAT BETTER OR WORSE?

22

       THE WITNESS:  THE WAY YOU HAD IT BEFORE, SO THAT

23

WE CAN SEE EACH OTHER, IS PROBABLY BETTER.

24

              SO WHAT YOU ARE LOOKING AT, AND I WILL

25

EXPLAIN THIS, THIS IS AN AERIAL, JUST A PLAIN PHOTOGRAPH

26

OF INSPIRATION POINT TAKEN FROM AN AIRPLANE AT A

27

PARTICULAR ANGLE.

28

              AND TO REORIENT YOU, HERE, ABOVE, IS THE

248

1

FLATTISH REGION OF INSPIRATION POINT.  HERE IS THE CLIFF

2

FACE.  HERE IS THE ROCKY PROMONTORY WHERE WE HAD A

3

PHOTOGRAPH TAKEN, THAT YOU SAW EARLIER, LOOKING UP.  AND

4

HERE IS THE INLET, THE WATER.  AND HERE IS THE PLACE THAT

5

MR. BROWN DESCRIBED AS THE POINT OF DEPARTURE.  AND I

6

BELIEVE YOU HAVE HEARD TESTIMONY ABOUT A FOOTPRINT THAT

7

WAS CASTED.  THIS IS THE PLACE WHERE MR. BROWN SAID HIS

8

DAUGHTER FELL FROM.

9

              AND WHAT WE HAVE DONE IS TAKEN THAT

10

PHOTOGRAPH AND OVERLAID IT WITH THE THREE-DIMENSIONAL

11

CONTOURS THAT WERE OBTAINED FROM THE AERIAL SURVEY

12

MAPPING.

13

              AND THE WAY IT IS AT LEAST EASIEST FOR ME

14

TO UNDERSTAND THIS:  IF YOU THINK OF INSPIRATION POINT AS

15

KIND OF THE SURFACE OF A CAKE, IT HAS VERY COMPLICATED

16

GEOMETRY THAT MIGHT BE FLUFFY FROSTING OR SOMETHING.  IF

17

WE WERE TO TAKE CUTS, SLICES THROUGH OR WEDGES THROUGH

18

THAT CAKE, IT WOULD ALLOW US TO LOOK, FROM THE SIDE, AT

19

THE SURFACES OF THE CLIFF OR AT THE SURFACES OF THE

20

FROSTING.

21

              SO I AM MAKING VARIOUS GESTURES HERE TO TRY

22

TO GET ACROSS THE NOTION THAT WE ARE GOING TO SLICE

23

THROUGH THIS CLIFF FACE MATHEMATICALLY IN ORDER TO

24

IDENTIFY THESE CONTOURS.

25

       Q      BY MR. HUM:  AND THEN YOU ALSO PREPARED A

26

SLIDE SHOWING THE CLIFF PROFILES; IS THAT CORRECT?

27

       A      WELL, IT SHOWS HOW THE CLIFF PROFILES WERE

28

OBTAINED.  NOW WE ARE LOOKING DOWN.

249

1

              AND ANY OF YOU THAT HAVE SEEN A CONTOUR

2

MAP, THIS IS A TYPICAL CONTOUR MAP THAT SHOWS THE VARIOUS

3

CONTOURS AND WHERE IT IS STEEP AND WHERE IT'S NOT SO

4

STEEP.

5

              WE ARE LOOKING NOW DOWN FROM THE TOP, A

6

BIRD'S-EYE VIEW.  HERE IS THE INLET.  HERE IS WHERE

7

LAUREN WAS EVENTUALLY DESCRIBED TO HAVE BEEN FOUND BY HER

8

FATHER.  HERE IS THE POINT OF DEPARTURE AGAIN.

9

              AND HERE ARE THE SLICES OF THE CAKE, THESE

10

RAYS OUTWARD FROM THE POINT OF DEPARTURE.  SO THIS IS THE

11

LOCATION WHERE SHE HAD TO START, AND SHE HAD TO END UP

12

HERE IN THIS WATER.  SO THERE ARE ONLY A CERTAIN NUMBER

13

OF THESE CONTOURS THAT WE WILL SEE IN A MINUTE THAT GO

14

FROM HERE TO THE WATER THAT WOULD NOT PUT HER DIRECTLY

15

WITH IMPACT ON THE ROCKS THEMSELVES, THE ROCKS BELOW

16

THEMSELVES.

17

       Q      NOW, DID YOU ALSO PREPARE SOME SLIDES TO

18

ILLUSTRATE WHAT EXACTLY FALL BIOMECHANICS IS AND DOES?

19

       A      I DID.

20

       Q      AND PLEASE EXPLAIN THIS TO US.

21

       A      THIS MAY BE A LITTLE DAUNTING AT FIRST

22

GLANCE, BUT THIS IS THE APPLICATION OF VERY FUNDAMENTAL,

23

TRULY FIRST-YEAR HIGH SCHOOL PHYSICS, TO THE BIOMECHANICS

24

OF FALLING.

25

              AND EVEN THOUGH THE HUMAN BODY IS A VERY

26

COMPLICATED STRUCTURE WITH ARMS THAT YOU CAN WAVE, LEGS

27

THAT YOU CAN MOVE AROUND, WE KNOW FROM MANY, MANY STUDIES

28

OF ATHLETES, TRAMPOLINE USERS, DIVERS, GYMNASTS, THAT IF

250

1

YOU GO OFF ONE LOCATION AND END UP IN ANOTHER LOCATION,

2

EVEN THOUGH YOU MAY BE WAVING YOUR ARMS AROUND OR

3

SPINNING IN SPACE, THE CENTER OF GRAVITY OF YOUR BODY,

4

WHICH IS BETWEEN YOUR BELLY BUTTON AND YOUR BACK ROUGHLY,

5

HAS TO FOLLOW THE SO-CALLED LAWS OF PROJECTILE MOTION.

6

IT HAS TO FOLLOW A VERY SIMPLE PARABOLA.

7

              SO IF I WERE TO TAKE THIS POINTER AND THROW

8

IT TO SOMEONE, IT WOULD -- EVEN THOUGH IT IS SPINNING IN

9

SPACE, IT WOULD FOLLOW A PARABOLA.

10

              SO WE KNOW THAT LAUREN HAD TO FOLLOW A

11

PARABOLIC TRAJECTORY.  SO OUR JOB THEN TO UNDERSTAND THE

12

FALL BIOMECHANICS IS TO DETERMINE WHAT THAT FALL

13

TRAJECTORY WAS OR COULD HAVE BEEN AND HOW IT DEPENDED ON

14

HOW SHE LEFT THE CLIFF.  IF SHE LEFT BY SLIPPING, SHE

15

WOULD GO OFF IN ONE MANNER.  IF SHE WERE LAUNCHED AT AN

16

ANGLE, SHE WOULD GO OFF IN A COMPLETELY DIFFERENT MANNER.

17

              SO REALLY THIS COMES DOWN TO USING THAT

18

SIMPLE IDEA OF PHYSICS, PROJECTILE MOTION AND A PARABOLA,

19

ALONG WITH TRYING TO UNDERSTAND HOW SHE COULD HAVE BEEN

20

LAUNCHED, EITHER SLIPPED OR MAYBE EVEN TRIPPED OR WHETHER

21

SHE HAD TO BE LAUNCHED.

22

       Q      AND YOU PREPARED A SLIDE TO TELL US HOW YOU

23

MADE THAT DETERMINATION, CORRECT?

24

       A      YES.  AND THIS SIMPLY DESCRIBES THE STEPS

25

THAT WE TOOK TO TRY TO UNDERSTAND WHAT DO YOU HAVE TO DO

26

TO LAUNCH A 44-POUND CHILD, IF THAT'S WHAT HAPPENED.

27

              AND SO TO UNDERSTAND THAT, ONE OF MY

28

ASSOCIATES WAS FILMED WITH A 40-POUND WEIGHT WITH

251

1

HIGH-SPEED VIDEO.  WE ASKED HIM TO LAUNCH THAT 40-POUND

2

WEIGHT AT VARIOUS SPEEDS, DO IT EASY, DO IT AS HARD AS

3

YOU POSSIBLY CAN.  HOW FAR DOES IT GO?  WHAT ANGLE DOES

4

IT LEAVE?

5

              SO WE FILMED THAT WITH A HIGH-SPEED DIGITAL

6

CAMERA; AND IT TURNED OUT THAT WE COULD DETERMINE THE

7

LAUNCH SPEED THAT IT TAKES A PERSON -- THIS ASSOCIATE IS,

8

I THINK, FIVE-EIGHT AND 160 POUNDS.  TO LAUNCH IT AS FAR

9

AS HE COULD, HE WOULD HAVE TO START AT 15 FEET PER

10

SECOND.  THAT'S ABOUT 10 MILES AN HOUR, SOMETHING LIKE

11

THAT.

12

              AND THE NEXT SLIDE.

13

       Q      YOU OBTAINED THE WEIGHT OF 44 POUNDS FOR

14

LAUREN FROM THE AUTOPSY REPORT, CORRECT?

15

       A      THAT'S WHERE HER WEIGHT WAS LISTED, YES.

16

              AND HERE IS MY ASSOCIATE, WHO IS A

17

RELATIVELY FIT 28 YEAR OLD, LAUNCHING A 40-POUND WEIGHT

18

AT AN ANGLE OF ROUGHLY 22 DEGREES AT A SPEED OF ABOUT

19

15 FEET PER SECOND.

20

              SO WE KNEW THE RANGE THAT ONE COULD

21

CONCEIVABLY LAUNCH A CHILD OF LAUREN'S WEIGHT INTO SPACE,

22

IF THAT'S WHAT ONE WAS DOING.

23

              NEXT.

24

       Q      CAN YOU EXPLAIN TO US, THEN, WHAT THIS NEXT

25

SLIDE ILLUSTRATES?

26

       A      SO THEN KNOWING THE SORT OF MAXIMUM LAUNCH

27

THAT AT LEAST MY ASSOCIATE COULD DO OF 15 FEET PER

28

SECOND, WE THEN LOOKED AT THE OTHER POSSIBILITIES THAT

252

1

WERE PART OF THIS CASE.  WHAT IF THE LAUNCH HAD BEEN NOT

2

A MAXIMAL EFFORT, BUT A SUBMAXIMAL EFFORT?  SO WE PICKED,

3

FAIRLY ARBITRARILY, 10 FEET PER SECOND.

4

              AND FINALLY WE USED WHAT'S KNOWN AS AVERAGE

5

WALKING SPEED FOR A CHILD OF LAUREN'S AGE, WHICH IS ABOUT

6

ROUGHLY 5 FEET PER SECOND, 4.6 FEET PER SECOND, AS THE

7

LOW END OF THE POSSIBILITY.  THAT WOULD BE CONSISTENT

8

WITH EITHER TRIPPING OR SLIPPING OFF THE EDGE OF THE

9

SLOPE.

10

       Q      AND THEN DID YOU PLOT THE VARIOUS RESULTS

11

ON A GRAPH?

12

       A      YES.

13

              THESE ARE OUR BASIC RESULTS OF THIS

14

ANALYSIS THAT PULLED TOGETHER THE SHAPE AND CONTOUR OF

15

THE CLIFF, ALONG WITH THE RESULTS OF OUR PROJECTILE

16

MOTION FOR THE RAYS THAT I MENTIONED, THE SLICES OF THE

17

CAKE, THAT WOULD PUT HER IN THE WATER.

18

              SO I NEED TO ORIENT YOU HERE.  IF YOU LOOK

19

AT THE BLACK CONTOUR, AND I AM NOT SURE WHETHER -- YOU

20

HAVE COLOR VERSIONS OF THIS, SO IT MAY BE BETTER FOR YOU

21

TO SEE THE VERSIONS THAT YOU HAVE.

22

              THE BLACK CONTOURS HERE ARE THE CONTOURS OF

23

THE CLIFF.  THE GREEN CONTOURS ARE THE CONTOURS -- IS THE

24

MOTION THAT SHE WOULD HAVE ASSUMED IF SHE HAD SLIPPED OR

25

TRIPPED.  THE YELLOW CONTOURS ARE THOSE THAT WOULD HAVE

26

OCCURRED AT ABOUT 10 FEET PER SECOND, A KIND OF MEDIUM

27

LAUNCH.  AND THE RED CONTOURS ARE ASSOCIATED WITH THE

28

MAXIMAL LAUNCH.

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              SO BLACK FOR THE CLIFF; GREEN FOR THE SLIP;

2

YELLOW FOR THE MID-THROW; AND RED FOR THE HIGHEST THROW.

3

              SO LET'S TAKE A -- LET'S EXAMINE E AS A

4

TYPICAL EXAMPLE.  HERE IS THE CONTOUR OF THE CLIFF.  ZERO

5

CORRESPONDS TO THE WATER LEVEL.  120 FEET, OR A LITTLE

6

MORE THAN 120 FEET, IS THE HEIGHT OF THE POINT OF

7

DEPARTURE.

8

              YOU WILL ALSO NOTICE, IF YOU LOOK

9

CAREFULLY, THAT THE GREEN TRAJECTORY LEAVES THE CLIFF AT

10

A LOWER LEVEL THAN THE LAUNCH TRAJECTORY, CONSISTENT WITH

11

THE FACT THAT LAUNCHING A CHILD WOULD START IN AN ADULT'S

12

BODY SOMEWHERE ABOVE THE GROUND, WHEREAS A SLIP OR TRIP

13

WOULD BE MUCH CLOSER TO THE GROUND, CONSISTENT WITH

14

LAUREN'S HEIGHT OF 43 -- APPROXIMATELY 43 INCHES.

15

              SO IF WE LOOK AT E, HERE IS WHAT IT TELLS

16

US:  IF SHE WERE TO SLIP, SHE WOULD IMMEDIATELY IMPACT

17

THE UPPER SURFACE OF THE CLIFF AND SHE WOULD SLIDE DOWN

18

THAT UPPER SURFACE OF THE CLIFF PRESUMABLY, IF THAT WERE

19

TRUE, SUSTAINING ABRASIONS AND MULTIPLE IMPACTS,

20

SCRATCHES, SCRAPES FROM THAT SLIDING PROCESS.

21

              IT'S A LITTLE HARD FOR ME TO SEE, BUT LET

22

ME TRY TO TRACE THIS.  SO WE RULE OUT, WE BASICALLY RULE

23

OUT HERE ENTIRELY, BECAUSE OF THE INJURIES THAT SHE

24

SUSTAINED OR THE LACK OF ABRASIONS, SLIPPING AND

25

TRIPPING.  IT DOES NOT FOLLOW THE LAWS OF PHYSICS.

26

              IF WE, HOWEVER, LOOK AT THE MID-RANGE FALL

27

OR LAUNCH, IF YOU WILL, AT 10 FEET PER SECOND, SHE GOES

28

OFF THE CLIFF; SHE IMPACTS HERE SOME 40 OR 50 FEET ABOVE

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1

THE WATER.  AND FROM MY PREVIOUS EXPERIENCE WITH

2

CONDUCTING CRASH TESTS, THROWING CRASH DUMMIES OFF OF

3

CLIFFS, IT WOULD HAVE RESULTED IN A SINGLE IMPACT AND A

4

BOUNCE INTO THE WATER.

5

              AND, FINALLY, IN THIS PARTICULAR CONTOUR OF

6

THE CLIFF, IF HE HAD LAUNCHED -- IF LAUREN'S BODY HAD

7

BEEN LAUNCHED AT A MAXIMAL EFFORT OF 10 FEET PER SECOND,

8

SHE COULD HAVE MISSED THE CLIFF ENTIRELY.

9

       Q      THE MAXIMAL EFFORT WOULD BE 15 FEET PER

10

SECOND?