Bruce Lisker
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Lisker Case Analysis
Section VIII

Footprints in the Dirt Behind the Garage

On the morning of March 10, 1983, after seeing my mother on the floor through the rear yard, I ran to the kitchen window, realized I needed a tool, ran north over the dirt strip behind the garage to my car for red-handled pliers, ran south back across the same dirt, removed the screen and three louvered panes, and climbed through. Detective Andrew Monsue pressed two physical objections against that account — directional footprints and the absence of dirt in the kitchen sink. Both collapse on the record.

  1. Monsue testified that the two or three prints in the dirt all faced south — a one-way passage to the window, not the round trip I described. 34, 36 The prints, he argued, proved I had come straight from the front yard to break in and steal money. 35

    The prosecution’s own trial photographs show north-facing prints in People’s Exhibits 29 and 31. 37 On the stand, Monsue conceded portions of three prints in People’s 29 and two or three more in People’s 31 — five or six total, more than double his original count. 38

    The prints were never rigorously analyzed. SID was not asked to examine them; 39 no casts were made. 205 Defense counsel Dennis Mulcahy never consulted a footwear-impression expert who could have settled directionality and count.

  2. Monsue implied that a run through what he called QUITE MOIST 40 SOFT MUD 41 should have left dirt in the kitchen sink. He called 1983 a heavy rain year 42 and placed the most recent rainfall two, three, or four days before March 10. 43

    The weather record says otherwise. National Weather Service data from the Canoga Park station show no precipitation on March 7, 8, 9, or 10, 1983 — the 10th was the fourth consecutive dry day. 46 Los Angeles County Flood Control records for Van Nuys show 0.23 inches across the entire week of March 4–10. 47 LAPD photographer Michael Wilson, on scene that morning, characterized the ground as dry. 45

    The physical record cuts the same way. Detective Landgren testified that the footprints ended where the concrete began. 49 No dirt trail was tied to my shoes by any identifying characteristic — no soil transfer, no match to the wavy pattern of my soles. Examiners at the scene and at the Van Nuys SID lab found no dirt on my shoes after arrest. Even crediting the “moist” premise, a thirty-foot run back to the window 50 would have shed all but trace amounts — and not even those were reported.

    Any dirt on the east walkway most likely came from the unpaved patch at the rear southeast corner of the house that I crossed on my first approach to the window, before going for the pliers. Even granting arguendo that I deposited it, dirt on the walkway and none in the sink condemns Monsue’s own theory — that I came straight from the front yard to break in — as squarely as it condemns his alternative reading.

Neither objection holds. The prints were never professionally examined, the soil was drier than Monsue claimed, and an empty sink is fully consistent with the entry I described. Neither observation narrows the field to guilt.

Footnotes

34.
LAPD Follow-Up Investigation
Page 4
"DETECTIVES ... OBSERVED SEVERAL FOOTPRINTS IN THE MUD ALONG THE EAST SIDE OF THE HOUSE. THE FOOTPRINTS LED IN THE DIRECTION OF THE KITCHEN WINDOW SUBJECT USED TO ENTER THE HOUSE."
35.
LAPD Follow-Up Investigation
Page 8
"SUBJECT STATED HE RAN AS FAST AS HE COULD [from the kitchen window] TO HIS CAR ALONG THE GARAGE SIDE OF THE HOUSE, THROUGH THE FRONT YARD PLANTERS AND GOT THE PLIERS. HE RAN BACK THE SAME ROUTE TO THE KITCHEN WINDOW."
36.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Dennis H./William M. Juvenile Detention Hearing
April 4, 1983 – Page 11
Q:"... APPROXIMATELY HOW MANY FOOTPRINTS DID YOU FIND IN THE WET MUD?"
A:"THERE POSSIBLY COULD HAVE BEEN MORE, BUT I DISTINCTLY REMEMBER TWO.";
and:
Testimony of LAPD detective Howard W. Landgren (No. 13668)
Preliminary Hearing
October 6, 1983 – Page 53
Q:"HOW MANY FOOTPRINTS DID YOU FIND ON THE OUTSIDE PORTION OF THE HOUSE?"
A:"I BELIEVE THERE WERE TWO OR THREE. TWO OR THREE, I BELIEVE."
Q:"WERE THEY FULL PRINTS OR PARTIAL FOOTPRINTS?"
A:"NO, PARTIAL."

These "TWO OR THREE" footprints were depicted in three People's Exhibits (photographs) 26, 29, and 31. Each purported to show a footprint in the moist earth at the northeast corner of the house, behind the garage.

37.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Trial
November 4, 1985 – Page 424
Q:"CAN YOU TELL WHICH WAY ... [the footprints in the photos] ... ARE POINTING?"
A:"I CAN BY VIRTUE OF THE HEEL IN THIS PORTION AND THE DIRECTIONAL AREA INDICATING NORTH ON THE PHOTOGRAPH, YES."
38.
Testimony of LAPD detective Andrew R. Monsue (No. 20927), examining People's Exhibit 29, a photograph purporting to show a single footprint in the dirt
Trial
November 4, 1985 – Page 421
Q:"SHOWING YOU PEOPLE'S NO. 29, DO YOU RECOGNIZE 29?"
A:"IT IS A PICTURE OF A FOOTPRINT."
Q:"HOW MANY FOOTPRINTS CAN YOU SEE IN THAT PHOTOGRAPH?"
A:"I CAN SEE PORTIONS OF THREE.";
and:
Testimony of LAPD detective Andrew R. Monsue (No. 20927), examining People's Exhibit 31, a photograph purporting to show a single footprint in the dirt Id. at page 423-424
Q:"PEOPLE'S NO. 31, WOULD YOU TAKE A LOOK AT THAT. THAT APPEARS TO BE SOMETHING THAT PURPORTS TO BE A FOOTPRINT WITH SOLE MARKS OF A FOOT ON THE GROUND AND A RULER AND A STONE AND A PIECE OF PAPER. HAVE YOU SEEN THAT BEFORE?"
A:"YES, I HAVE."
Q:"DOES THAT LOOK LIKE ONE FOOTPRINT TO YOU?"
A:"NO, IT LOOKS LIKE IT COULD POSSIBLY BE TWO."
Q:"ARE YOU SURE?"
A:"YOU ASKED ME MY OPINION. THAT IS WHAT I AM GIVING YOU."
Q:"COULD IT BE MORE THAN TWO?"
A:"IT COULD BE MORE THAN TWO DEPICTED HERE OR PORTIONS THEREOF." ...
Q:"YOU CAN SEE A HEEL IN ONE FOOTPRINT; IS THAT CORRECT?"
A:"THAT IS CORRECT."
Q:"CAN YOU SEE THE HEEL IN ALL THREE OF THE INDIVIDUAL FOOTPRINTS IN THIS PHOTOGRAPH?"
A:"NO..."
39.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Trial
November 5, 1985 – Page 424-425
Q:"DID YOU HAVE ANYBODY FROM SID GO OUT THERE AND TAKE A LOOK AT THOSE PRINTS?"
A:"I DID NOT, NO."
40.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Trial
November 4, 1985 – Page 422
Q:"YOU SAID IT WAS QUITE WET OUT THERE, RIGHT?"
A:"THE GROUND WAS QUITE MOIST, YES."
41.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Trial
October 31, 1985 – Page 282
A:"IN THAT PARTICULARLY AREA I OBSERVED ANOTHER PRINT IMPRINTED IN THE MUD OR THE SOFT MUD." [emphasis added]
42.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Trial
November 5, 1985 – Page 502
Q:"DO YOU SPECIFICALLY RECALL THAT IT DID RAIN?"
A:"OH, YES. IT RAINED QUITE HEAVILY THAT YEAR. THAT WAS A HEAVY YEAR FOR RAIN."
43.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Trial
November 5, 1985 – Page 502
Q:"... DO YOU RECALL IT RAINING AT SOME POINT IN TIME PRIOR TO YOUR EXAMINATION OF THE CRIME SCENE ON MARCH 10?"
A:"YES."
Q:"AND WHEN?"
A:"IT RAINED SEVERAL DAYS PRIOR TO THAT. I DON'T KNOW WHETHER IT WAS A TWO-DAY PERIOD OR A THREE-DAY PERIOD, BUT IT HAD RAINED AND IT HAD RAINED FOR SEVERAL DAYS PRIOR TO THAT IN TERMS OF TWO OR THREE OR FOUR DAYS PRIOR TO THE 10TH OF THE MONTH." ... "IT RAINED WITHIN LESS THAN A WEEK PRIOR TO THAT DATE."
45.
Testimony of LAPD SID photographer Michael J. Wilson, examining People's Exhibits (photographs) 28, 29, and 30, portraying the dirt area at the northeast corner of the house, behind the garage.
And:
Trial
November 14, 1985 – Page 990
Q:"LOOKING AT THESE PHOTOGRAPHS, DO YOU REMEMBER -- DOES THAT REFRESH YOUR RECOLLECTION AS TO WHAT THE AREA WAS LIKE OUTSIDE THE DAY THAT YOU TOOK THE PHOTOS?"
A:"IT IS THE WALKWAY BETWEEN THE FENCE AND THE BUILDING AND IT IS DIRT."
Q:"YOU WALKED ON THIS GROUND IN ORDER TO TAKE THE PHOTOGRAPHS; IS THAT CORRECT?"
A:"YES, SIR."
Q:"AND THE GROUND APPEARED TO BE DRY AT THAT POINT; IS THAT CORRECT?"
A:"YES, SIR."
46.

National Weather Bureau, Canoga Park station observations show no precipitation whatsoever March 7, 8, 9 and 10, 1983.

47.

Los Angeles County Flood Control District, Record of Climatological Observations, Van Nuys, March 1983.

49.
Testimony of LAPD detective Howard W. Landgren (No. 13668)
Preliminary Hearing
October 5, 1983 – Page 21
Q:"AND IN RELATION TO THE AREA WHERE THE PLIERS, SCREEN AND THE LOUVERED WINDOWS [i.e., the window panes] WERE, HOW FAR DID THOSE FOOTPRINTS COME TOWARD THAT AREA?"
A:"THIS PORTION IS ON THE EAST SIDE OF THE HOUSE AND IS CEMENTED, AND THE FOOTPRINTS ENDED AT THE CEMENT."
50.
Testimony of LAPD detective Andrew R. Monsue (No. 20927)
Trial
October 31, 1985 – Page 289
A:"[Bruce reported that he ran from the kitchen window] NORTH ALONG THE EAST SIDE OF THE HOUSE . . . INTO THE DRIVEWAY. ENTERED HIS VEHICLE. RETRIEVED THE PAIR OF RED PLIERS . . . RAN BACK THE SAME WAY AND DIRECTION THAT HE HAD GONE OUT TO HIS VEHICLE . . . BACK ALONG THE EAST SIDE OF THE HOUSE TO THE KITCHEN WINDOW AGAIN."
205.
Testimony of LAPD detective Howard W. Landgren (No. 13668)
Preliminary Hearing, October 5, 1983, page 33
Q, "DID YOU TAKE ANY CASTS--" A: "NO." Q: "--OF THESE FOOTPRINTS?" A: "NO."