Affadavit of Henry C. Lee, Ph. D.

Affadavit of Henry C. Lee, Ph. D.
FORENSIC RESEARCH TRAINING CENTER
82 LIMEWOOD AVENUE
BRANFORD, CONNECTICUT 06405

Report to: Attorney Rhoda Shear Neft Date of Submission: Jan. 17, 1997
600 Grant Street Date of Report: Feb. 25, 1997
Pittsburgh, PA 15219 Case No: HL970117PA
Re: PCRA of Charles J. Goldblum
LABORATORY REPORT

On January 17, 1997 at the request of Attorney Rhoda Shear Neft, I have reviewed the following documents related to the case PCRA of Charles J. Goldblum:

1. Autopsy report of George Wilhelm prepared by the Allegheny County Coroner’s Office in February, 1976

2. Autopsy photographs, summary of police investigative and crime laboratory reports

3. Portions of transcripts of the trials of Charles Goldblum and his codefendant Clarence Miller

4. Deposition testimony of Pittsburgh Police Commander Ronald B. Freeman

5. Affidavit by Dr. Cyril H. Wecht

6. Affidavit by Dr. Barbara C. Wolf and Dr. Michael M. Baden,

7. Letter from Isobel Storch, Assistant City Solicitorof City of Pittsburgh

After a detailed study of autopsy photographs and an analysis of statements and reports, the following facts related to the death of George Wilhelm were found:

1. It was found that Mr. Wilhelm drove to the parking garage with Mr. Goldblum and Mr. Miller. According to the testimony of both Mir. Goldblum and Mr. Miller, the victim was driving the car prior to the stabbing on the date of the incident.

2. Mr. George Wilhelm was seated in the driver seat. Mr. Clarence Miller was seated in the front passenger seat, and Mr. Goldblum was seated in the back directly behind Mr. Wilhelm.

3. Mr. George Wilhelm was murdered. Autopsy photographs and autopsy reports indicate that he received approximately twenty-five stab wounds/injuries.

4. According to the testimony of Mr. Freeman, the following bloodstain patterns were observed at the scene:
(1) Blood smears were observed on the interior surface of the driver side of window.
(2) Blood spatters were observed on the dashboard of the car. These blood splatter had a left to right direction.
(3) Bloodstains were found on the outside of the driver door.
(4) Bloodstains were found on the ground at the left rear of the car.
(5) Bloodstains were observed on the wall.

5. According to the forensic report issued by the Allegheny County Forensic Science Laboratory, the results of the examination of Mr. Goldblum’s clothing revealed a marked lack of blood stains except for a small indistinguishable stain on the left cuff.

6. A wrench was found on the front side, inside of the vehicle. This wrench was tested by the Allegheny County Forensic Science Laboratory and no blood like materials were found.

7. Handprint type of impressions were observed on the packed snow surface by the investigator at the time of crime scene investigation.

8. According to the deposition by Commander Ronald B. Freeman, the investigation file of this case was missing.

9. Accordincy to a letter from Attorney Isobel Storch, Assistant City Solicitor all the crime scene photographs were also missing.

10. According to a letter from US District Court Judge Donald E. Ziegler that a dying declaration of Mr. George Wilhelm indicated that Clarence Miller did this to him.

The best way to reconstruct a crime is the direct observation of the crime scene or have all types of crime scene reports, crime scene photographs and crime scene video tapes available for reconstruction. In this case, the complete police investigation file and the oriainal crime scene photographs (including the negatives) were reported missing. Without those materials a complete re-analysis of the crime scene and reconstruction of the crime is almost impossible. However, based on the limited information available to me, a partial reconstruction could be made and it was found that there are many scientific facts which are indications that Mr. Charles Goldblum is not the individual who committed this crime. The following are some of my observations:

1. The blood spatters found on the top center of the dashboard and the glove compartment box of the vehicle are consistent with medium velocity cast-off type of patterns. This type of bloodstain pattern is generally produced by a cast-off action. The direction of this blood spatters on the dashboard was determined by Commander Freeman as from left to right.

The location and the direction of those blood spatters are inconsistent with Mr. Wilhelm being stabbed by a person sitting in the back seat of the vehicle. Given the relative position and the locations of each parties, it is more likely that Mr. Wilhelm was stabbed by the person to his right.

2. The number of the stab wounds and the locations of those stab wounds on the victim, strongly indicate that there was a struggle between the victim and the perpetrator. The amount of blood lost by the victim is further support that there should have been a significant amount of blood on the assailant’s clothes.

3. Laboratory examination of Mr. Goldblum’s clothing revealed a marked lack of blood stains except for a small indistinguishable stain on the left cuff. There is no evidence that Mr. Goldblurn was wearing anything other than the unstained clothing collected by the police. Mr. Miller, however admitted that he disposed of his clothes which had become stained with Mr. Wilhelm’s blood.

4. The absence of a laceration from a blunt force injury, indicate that a stabbing occurred in the car. This is inconsistent with Mr. Miller’s testimony that no stabbing occurred in the car. The fact that blood spatters and blood smears were found inside of the vehicle are further indication that the scientific evidence is consistent with Mr. Goldblum’s testimony that he saw Mr. Miller with the bloody grass shears or murder weapon while still in the car.

5. A pair of black vinyl gloves were recovered from the parking garage with blood stains consistent with the blood type of George Wilhelm. Mr. Miller testified that Mr.Goldblurn wore the gloves while committing the murder. However, the only person to whom those gloves were linked though forensic evidence was Mr. Miller. Two hairs taken from the inside of the gloves were consistent with the hand/arm hair of Mr. Miller but were different from the hair of either Mr. Wilhelm or Mr. Goldblum. This scientific findings exclude Mr. Goldblum as the person who deposited these two body hair inside of the glove.

6. Laboratory examination of the wrench found in Mr. Wilhelm’s car indicated that no trace of blood, bone, tissues, or hair like materials were detected. This scientific fact is clearly inconsistent with the testimony by Mr. Miller that Mr. Goldblum clubbed Mr. Wilhelm on the back of his head with a wrench.

7. There were no fingerprints nor any body fluids belonging to Mr. Goldblum found on the knife or the wrench by the Allegheny County forensic laboratory. These facts are further support that there is no physical evidence to link Mr. Goldblum to this crime.

8. I have also considered the dying declaration of the victim. Mr. Wilhelm identified Clarence Miller as his murder before he died. The available forensic evidence supports Mr. Wilhelm’s dying declaration.
Based on my review of autopsy report of George Wilhelm prepared by the Allegheny County Coroner’s Office in February, 1976, autopsy photographs, summary of police investigative and crime laboratory reports, portions of transcripts of the trials of Charles Goldblum, and his co-defendant Clarence Miller, deposition testimony of Pittsburgh Police Commander Ronald B. Freeman, affidavits by Dr. Cyril H. Wecht, Dr. Barbara C. Wolf and Dr. Michael M. Baden, the letter from Isobel Storch, Assistant City Solicitor of City of Pittsburgh it is my opinion to a reasonable degree of forensic certainty on the basis of the evidence available that Mr. Goldblum was not the individual who inflicted the fatal stab wounds to Mr. Wilhelm.

( signed )

Henry C. Lee, Ph.D Director