Cross-examination of Renee Montgomery (afternoon)

📄 Cross-examination of Renee Montgomery (afternoon) — Thursday, November 14, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\14\CROSS-EXAMINATION-OF-RENEE-MON.DOC

TRIAL

▲ Day 15 of 57

◀ Recess (2) Redirect examination of Renee Montgomery ▶

Witness: Renee Montgomery
Examiner: Robert Blasier
Called by: Plaintiff • Date: Thursday, November 14, 1996 • Utterances: 37

Robert Blasier cross-examines DNA analyst Renee Montgomery about fingernail scrapings (item 84) and DNA results from the right-hand glove. Blasier establishes that Simpson's DNA was found only in the wrist area of the glove — not the fingers or palm — and closes with a chain-of-custody argument that the reliability of Montgomery's tests depends entirely on the quality of evidence LAPD sent her.

# 1 MR. BLASIER:

Thank you, Your Honor.

# 2 Q:

(BY MR. BLASIER) Ms. Montgomery, just a couple of quick questions.

When you were asked about the fingernail scrapings, item 84, again, you're looking at DNA and you're not looking at red blood cells, correct?

# 3 A:

Correct.

# 4 Q:

And you have no way of knowing whether the 18, 18 or the DNA that you collected came from those scrapings, came from tissue or blood or both?

# 5 A:

Correct.

# 6 Q:

And an 18, 18 -- 18 is a very common allele, correct?

# 7 A:

Yes. It occurs in the 18 alone, as we discussed earlier.

# 8 Q:

Now, the glove. How many different stains did you check on the glove?

# 9 A:

I --

# 10 Q:

Do you have that in front of you?

# 11 A:

I have to refer to --

# 12 Q:

The number is G13. Does that mean there were 13 samples taken?

# 13 A:

There were less than 13 samples analyzed by D1S80.

# 14 Q:

Okay. D1S80.

Okay. And now, I wanted to ask you a hypothetical question:

If somebody was wearing a right-hand glove and had a bloody left hand, and you used their bloody left hand to take off the right-hand glove, you would expect to find their glove, in the finger area of the glove --

# 15 MR. LAMBERT:

Objection. Assumes facts not in evidence. Argumentative.

# 16 THE COURT:

It's a hypothetical question that doesn't go to her field of expertise. I think it's an argument you can make to the jury.

KEY QUOTE

# 17 MR. BLASIER:

Let's me ask it this way:

# 18 Q:

(BY MR. BLASIER) You didn't find any indication of blood consistent with Mr. Simpson in the finger area of the right-hand glove, did you?

# 19 A:

Correct.

# 20 Q:

And you didn't find any blood consistent with Mr. Simpson in the palm area of the right-hand glove, did you?

# 21 A:

I'd have to refer to the notes on that one.

# 22 Q:

Go ahead.

# 23 (Witness reviews documents.)

# 24 A:

Correct.

# 25 Q:

The three very small amounts that you found that could have come from O.J. Simpson were all in the wrist area, around the wrist notch of the right glove, correct?

KEY QUOTE

# 26 A:

That is correct.

# 27 Q:

And that's the area where there are some initials written, CY for Colin Yamauchi?

# 28 A:

I don't know.

# 29 Q:

You remember the initials being down there?

# 30 A:

No; I didn't examine the glove.

# 31 Q:

Okay.

Are you aware of that glove -- the fact that that glove was examined at LAPD long before the samples came to you guys?

# 32 A:

I would assume it was, since it came to our laboratory.

# 33 Q:

In fact, all of the evidence that got to your laboratory started out at LAPD?

# 34 A:

I believe so.

# 35 Q:

And your tests can be no more reliable than the quality of the evidence that they send you; isn't that correct?

KEY QUOTE

# 36 A:

Correct.

# 37 MR. BLASIER:

No further questions.

Temperature

procedural

Key Quotes (4)

Robert Blasier

Your tests can be no more reliable than the quality of the evidence that they send you; isn't that correct?

Closing chain-of-custody attack — frames all DNA results as contingent on LAPD's handling integrity

Renee Montgomery

Correct.

Montgomery concedes the foundational premise of the defense's contamination/evidence-handling argument

Robert Blasier

The three very small amounts that you found that could have come from O.J. Simpson were all in the wrist area, around the wrist notch of the right glove, correct?

Locates Simpson DNA at the wrist — consistent with defense theory that Yamauchi contaminated the glove when handling it

Hiroshi Fujisaki

It's a hypothetical question that doesn't go to her field of expertise. I think it's an argument you can make to the jury.

Judge shuts down a glove-wearing hypothetical as outside the DNA analyst's lane

Evidence (3)

Informal

Fingernail scrapings, item 84 — DNA analysis showing 18,18 allele

discussed

Informal

Right-hand glove, sample G13 — D1S80 PCR results by location (finger, palm, wrist)

discussed

Informal

Colin Yamauchi initials (CY) on glove wrist area

referenced

Notable Exchanges (2)

Robert Blasier•Renee Montgomery

Blasier maps the exact locations of Simpson-consistent DNA on the right glove — only the wrist notch, nothing in fingers or palm — then ties the wrist location to Colin Yamauchi's initials, suggesting contamination during LAPD examination

strategic

Robert Blasier•Renee Montgomery

Blasier gets Montgomery to concede that all evidence originated at LAPD and that her test reliability is bounded by evidence quality — a clean chain-of-custody concession to close the examination

strategic

Credibility Attacks (1)

⚔ LAPD evidence handling

chain-of-custody / foundational challenge

Blasier extracts Montgomery's concession that her DNA results are only as reliable as the evidence LAPD sent her, implicitly indicting LAPD's collection and handling procedures

Witness Demeanor

(Witness reviews documents.)

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8256 • 37 utterances • Plaintiff witness

Civil Trial

Department 103