Ms. Montgomery, where are you employed?

I'm employed by the State of California, Department of Justice at the Berkeley DNA Laboratory.

And what's your position there?

My title is senior criminalist.

And how long have you worked for the California Department of Justice?

I've worked for DOJ for approximately eight years -- actually, a little over eight years.

And how long have you been working in the Department of Justice's DNA Laboratory?

I've been at the Berkeley DNA Lab for -- in excess of four years.

Would you tell us briefly your formal educational background.

Yes.

I have a bachelor of science in environmental toxicology from the University of California at Davis.

I took courses in biochemistry environmental toxicology, biology, and other science courses.

And after I graduated, I continued my education by taking course work through the University of California, Berkeley Extension, through the University of Virginia, through the University of Northern Colorado, and through California State University, Hayward.

And did any of those courses that you took have anything to do with DNA?

Yes, they do.

Which one?

All of them that I mentioned, or all of the universities that I mentioned.

The courses at California State, Hayward. The course was genetics which dealt with DNA.

At the University of Northern Colorado, the course was on DNA sequencing.

At the University of Virginia, it was a six-unit graduate-level course work; and that was on forensic DNA analysis, both practical laboratory work and theoretical.

And through the University of California, Berkeley Extension, the courses that are relevant have been molecular biology, two semesters, biostatistics.

I believe those are the two courses that are relevant.

Since you've been working at the Department of Justice DNA Laboratory, have you done work in connection with the D1S80 test there?

Yes, I have.

When did you first begin doing that?

I began work on the system in June of 1993.

And when did the DOJ lab first begin doing D1S80 work?

For case-work analysis, we began D1S80 in the spring of '94.

And before doing case-work analysis, have there been studies done in the DOJ Lab with the D1S80 technique?

Yes. We went over nine months examining the system.

Since the DOJ Lab began using that system, has it continued to use it to today?

Yes.

Is it used by other labs around the country, as well?

Yes, it is.

Can you briefly describe the process Dr. Cotton already told us about, PCR in general, and the different kinds of tests.

Perhaps you could describe the D1S80 test for us.

The D1S80. Actually D1S80 is a location on the genome. The D1 means, DNA 1 chromosome. So Dr. Cotton described two techniques to you, PCR and RFLP.

Well, this process, this particular region we're looking at, is a combination of both the PCR method and the RFLP method.

The PCR method, where we take this region, this D1S80 region, and we make multiple copies of that particular region through PCR. Then, using something similar to RFLP, we use electrophoresis, or we use a gel system, where we separate the different bands based on size.

Based on molecular weight, as they described to you, with RFLP, you can see a series of banding pattern where the heaviest bands are closer to the top and the lighter bands -- or the smaller bands migrate farther in a gel. And that's how the D1S80 system works.

And Dr. Cotton told us how there are ways to describe, again, between different DNA types, using a sequence difference and a length difference. Which difference does this test work for?

This is using the length difference. Amplified fragment lengths, polymorphisms, also known as -- I believe he talked about VNTR, variable number of tandem repeats.

An example would be the box cars of a train.

So by "box cars of a train," you mean if there are repeating sequences of the AT/GC base pairs that we saw before, they can repeat like the box cars of a train; is that what you're saying?

Correct.

Perhaps we could put this up on the Elmo here, and ask you if it would be helpful if it was turned a little down further, here, I think.

(BY MR. LAMBERT) Is this the bottom? Are we all the way down at the bottom?

Yes.

Okay.

Can we have a number?

275.

326.

Oh, sorry. 326.

326.

(BY MR. LAMBERT) Would you identify what this is, and perhaps describe generally how -- again, how they're used.

This is a copy of a D1S80 gel, and what you can see on this gel is a series of bands.

This is the origin at the top.

And this is where the DNA migrates to.

And you can see that there are a series of banding patterns here.

The sample at the bottom is a small S, meaning it has the small S number of repeats.

The one at the top is the largest; it has the largest numbers of repeat.

The samples you see with multiple bands are called composite ladders. These are like rulers, used for comparison.

And you can see also on this gel that there has been labeling. This was obviously put on after the gel was run.

And you can see banding patterns with the various individuals and locations.

And these banding patterns that you see on -- on this gel, are they given a particular letter or number designation?

Yes, they are.

So you describe a person's type as D1S80 by doing what?

Yes, you describe their type based on the number of repeats that are present in the sample.

For example, on this particular sample, Mr. Simpson's, there are two bands. They would be called a 24 and a 25. The 24 has 24 repeats of certain bases, and the 25 has -- therefore 25 repeats.

And how about for Mr. Goldman?

For Mr. Goldman, he has a single-banded pattern. He's a 24 homozygote. That means from his mother, he inherited a 24 repeat, and from his father, he inherited a 24 repeat.

And for Nicole Brown?

And for Nicole Brown, she's an 18 homozygote. Once again, that means she has an 18 inherited from her mother and an 18 from her father.

Thank you.

Ms. Montgomery, did you some testing on this case, correct?

Correct.

And the testing did you was, you did the D1S80 test?

Yes, I did.

And who at the Department of Justice DNA Lab was in charge, overall, of testing on this case?

Gary Sims was in charge of the case. He was the lead analyst.

Now -- but your particular role was to do D1S80?

Yes.

Looking at this board here, this is the result board for the Bundy crime scene. The evidence items on the left are the LAPD evidence items.

When the Department of Justice gets an item of evidence in to it for study, does it put its own number on it?

In this case, yes, we put our own numbers.

These numbers that we have up there, those are the Department of Justice numbers where we see number 5?

Correct, the second column.

So what I'd like to do is, just to have you go through with us your D1S80 results on -- on these particular blood drops.

First, let's take item 47. What result did you get on that?

On --

And I guess we actually have something up here to look at, don't we? (Referring to board)

I'm having a hard time seeing it from my vantage point. I could either step down there or --

Just turn it slightly, can you?

That's better, much better.

Exhibit 291.

Thank you.

(BY MR. LAMBERT) Can you see it now?

Yes.

For item number 47, what was the D1S80 result that you got?

From item 47, the D1S80 result was a 24, 25.

And that is consistent with Mr. Simpson's D1S80 type?

Yes.

So he is a possible source for that item of evidence; is that correct?

Correct.

And that's consistent with the types we have up here for DQ Alpha, that and polymarker, as well; is that right?

Correct.

And for item number 48, did you do a D1S80 test for that?

Yes.

What result did you get?

I found that result sample was a 24, 25.

Comma?

Comma 25.

For item number 50, did you do a D1S80 test?

Yes, I did.

And what was the result on that?

I found that to be a 24, comma, 25, which is consistent with Mr. Simpson.

And for item number 52, what result did you get on that?

Once again, for D1S80, I had a result of a 24, comma, 25, which is consistent with Mr. Simpson.

Okay. Now, item 115, which is a blood drop taken from the rear gate at Bundy, did you do a D1S80 test on that one?

Yes, I did.

What was the result that you got?

The result for that was a 24, comma, 25.

And who was a possible source for that result?

Mr. Simpson.

And is either of Nicole Brown Simpson or Ronald Goldman a possible source for that item of evidence?

No. Nicole Brown could not be the source because there was no 18 allele present. And by looking at it, there is no indication of any sample from Ronald Goldman, either, by looking at the DQ Alpha that results.

For that one, for the time being, until we saw the DQ Alpha, that we want until we see that before we determine if he was completely excluded?

Yes.

Objection. Leading.

Overruled.

(BY MR. LAMBERT) Okay.

Let's just go through the last two, number 116 from the rear gate. There's another item of blood evidence from the rear gate and your D1S80, results were what?

A 24, comma, 25.

That can is consistent with whom?

That is consistent with Mr. Simpson.

And finally, for number 117 from the rear gate, what were your results there?

That was a D1S80 type 24, comma, 25. That's consistent with Mr. Simpson.

So the results that you got for these various blood drops at Bundy were what you tested, were all consistent with Mr. Simpson?

Yes, they were.

And the D1S80 test is it completely separate and apart fro the DQ Alpha test?

Yes.

And from the RFLP test?

Yes.

Why don't we do the next one.

Number 296 is the next one, Your Honor.

(BY MR. LAMBERT) Now, on this board, it looks like there's only one D1S80 test that you did at Rockingham -- on the Rockingham results that are listed here; is that right?

Correct.

And which item was that?

That was item number -- LAPD item number 6.

And what result did you get there?

I found a D1S80 type of a 24, comma, 25 which is consistent with Mr. Simpson.

Okay.

Why don't we do the next board.

The next number is number 293.

(BY MR. LAMBERT) Now, this board lists various items of evidence that were tested from the Bronco automobile of Mr. Simpson. The first one that seems to have a D1S80 reference is number 25.

Is that one of the items that you tested?

Yes, it is.

And what did you get on that test?

Okay. And how about item number 26, the driver-side floor mat?

And item 30 from the center console?

Item 30 of D1S80 of a 24, comma 25.

Once again, I cannot exclude Mr. Simpson as being a possible source.

And item 31, this is another item from the center console. What was your D1S80 test?

Item 31, I found there was a 24 and a 25 present; and I could not exclude Mr. Simpson as being a possible source of that.

And then item No. 33 slash 293 from the carpet on the driver-side door, what was your D1S80 test result on that?

I'm sorry. Go ahead.

I'm sorry.

-- but excludes Mr. Simpson and Mr. Goldman.

So the only one of these three people who could be the possible source of that particular item is Nicole Brown; is that right?

Correct.

And then the next item on this list, the center console, 303, what was your result on that?

I found a 24 allele present, a 25 allele present, and a weaker 18 allele present.

And based upon those test results, who could possibly be the sources for those evidence items?

Nicole Brown could be the source; Mr. Simpson could be the source; and also, with any 24 that's present, Mr. Goldman can also be a source, since he's a 24 homozygote.

Is that the kind of test where we need a little bit more information before we can decide who's excluded or included?

Yes.

And 304, another center console item, what was your result there?

I found a 24 allele, a 25 allele, and a weaker 18 allele.

And tell us what -- would you tell us what that tells us about the possible included persons?

Once again, of the three individuals, Mr. Simpson, Mr. Goldman, and Ms. Brown, I cannot exclude any of them.

Okay.

And finally on this board, item 305, another item taken from the center console of the Bronco, what were your test results there?

I found a 24, a 25 allele, and a weaker 18 allele.

And once again, I cannot exclude any of the three individuals.

And when you say that you found a "weaker allele," what do you mean by that?

I mean that allele is less intense than the other two. For example, 24, comma, 25, that means those two alleles are darker than the 18.

You mean darker on gel than we previously saw on the television?

Exactly.

So if one of the bands is darker and another one is lighter, you make note of that?

Correct.

And what does that usually tell us?

It tells us that a mixture is present on that sample.

Okay. Thank you.

Now, let's go to the next board, which is No. 300 -- no, 320. Sorry.

(BY MR. LAMBERT) This shows various test results for a glove found on Mr. Simpson's property at Rockingham.

Did you do a D1S80 test on that glove?

Yes, I did.

And I see a list from the -- in the left-hand column here -- perhaps I can point to it -- of various areas that are listed, G1 through G14.

Can you tell us what those numbers mean?

Yes. Those numbers are particular areas on the glove that were sampled by Gary Sims.

So Mr. Sims sampled various -- I guess 14 different areas on that one glove?

Yes, he did.

And then you took the samples that he had prepared and did D1S80 tests on some of them?

Correct.

Let's just go through them quickly.

Number -- area G1 -- and this is all part of the glove; it's all part of the same glove, I take it?

Yes.

So area G1, what was your test result there?

I found an 18 allele present and a 24 allele.

I should explain at this time, show on this chart -- I should have explained it to you earlier -- when it says 18, comma, 24 on this chart, that does not necessarily mean that is the genome type of an individual; that just means those are the two types that were seen on the sample.

You found an 18 allele and a 24 allele?

Correct.

And who could possibly be excluded by that test?

And how about Nicole Brown and Ronald Goldman?

They cannot be excluded.

And the next one G2, what was your test result there?

On G2, I found an 18 allele and a 24 allele. And once again, Nicole Brown and Mr. Goldman cannot be excluded, but Mr. Simpson can be excluded.

So for both of those two areas, it's possible, based upon your test, that that blood came from Nicole Brown and Ronald Goldman?

Correct.

And then the area G3, what was your D1S80 test result there?

On G3, I found a 24, comma, 24.

And who can be excluded based upon that?

I can exclude Nicole Brown and Mr. Simpson as being a source of that sample.

So for that particular sample, the only person who can be a possible source of it among the three that we're talking about is Mr. Goldman; is that right?

Correct.

And the next item, which is G4, what were your test results there?

I found a 24 allele and a weaker 18 allele, indicating a mixture.

And a mixture -- who would possibly be excluded by that mixture?

Mr. Simpson would be excluded because the 25 is not present. And Nicole Brown and Ronald Goldman could not be eliminated.

So they're both possible contributors to that particular item of evidence?

Correct.

And in the area G9, which is the next one on our chart here, what was your result there?

I found a 24 allele and 24, comma, 24, and that's consistent with Ronald Goldman and Nicole Brown. And Mr. Simpson can be excluded as a source of that 24, comma, 24.

Mr. Simpson can be excluded on that one?

Exactly.

Because of what reason?

It's because a 25 allele is not present.

And then item G10, what was your D1S80 result on that?

On G10, I found a mixture; I found a 24 allele and a weaker 25 allele.

And what does that mixture tell you?

With that next mixture, it tells me that Nicole Brown cannot be there, but Ronald Goldman can be a source and Mr. Simpson can be a source.

And of the three people that we're testing here, which of them could possibly be the source of a 25 allele?

Mr. Simpson.

So anytime on this chart we see a 25 allele, that cannot come from Ronald Goldman or Nicole Brown; is that what you're saying?

Correct.

And let's go -- I've lost track. Where am I? I think I'm on G11.

Would you give us your -- what your test results were there.

On G11, I found a mixture, 24 allele with a weaker 25 and 18 alleles present. And that indicates that I can't exclude any of the three individuals as being a possible source of the mixture.

Okay.

And area G12 on the glove?

On G12, I found a mixture. I found mainly a 24 allele, with weaker 18 allele. And that indicates that Mr. Simpson cannot be present on that sample, or was not detected, and Nicole Brown and Ronald Goldman cannot be excluded.

Okay. For these two that you've just done -- let's take the patches off, because you told us what we can find out about those from all sources. Is that fair?

Correct.

And now we're down to item number G3. This is a stitching on the wrist notch -- 13. What did I say, 3? G13, right.

What do your test results tell us about that?

I found that was a mixture. It was mainly a 24 allele, with weaker 25 and 18 alleles present, indicating a mixture.

I can't exclude the three individuals as being possible sources.

So they could all be possible sources of this.

And finally, number G14, with a -- what does it say, the inside back of the hand cuff edge.

What were your test results for that?

For some sample I found a -- mainly a 24 homozygote. There was a possible trace 18 present, so I wasn't -- I was able to eliminate Mr. Simpson as being the source, the main contributor. Could have -- I could not exclude Ronald Goldman as being the main contributor. And with that possible trace 18, it's possible that Nicole Brown could have been present.

So a trace is just a faint amount of the 18 allele?

Yes, it is.

Is that what you're saying?

So we've elicited here as possible Nicole Brown. Does that seem accurate to you?

Yes.

So on this glove results board, anytime your test showed a 25 allele, would it be fair to say that among the three people listed at the top of the chart, only Mr. Simpson could have been the source of that?

Yes, if there were 25 allele and the 24 present, also.

Okay.

In addition to the results that we've showed you on the boards, did you also do any testing on LAPD evidence item number 84?

Yes, I did.

And do you recall what that evidence item was?

Yes. Number 84, referring to my report, was the fingernail scrapings.

Fingernail scrapings from whom?

From Nicole Brown.

Did the Department of Justice actually receive the so-called fingernail kit to do its tests with?

Gary Sims received those, yes.

And he then obtained the evidence sample for you to do your test on?

Correct. He extracted the DNA.

And what were your test results on item number 84?

On 84, multiple samples were run.

And I'll refer to my notes on this.

The right-hand scrapings were analyzed; the left-hand scrapings were analyzed. And the right-hand clippings were analyzed.

And all of the results by D1S80 were an 18 homozygote, indicating that Nicole Brown could not be excluded as being the source of that sample.

And in all of those tests that you ran on the fingernail scrapings, right hand, left hand, and so on, did you find any alleles other than 18 in any of those?

No.

I'd like to ask you now about some of the control items.

Did you test any substrate control items in this case?

Yes, I did.

First, taking the results from Bundy, do you know which of the control items from Bundy you tested?

Yes, I do.

Can you just list them for us?

Yes. I'm referring to a list that I have.

They are LAPD number 47, LAPD number 48, LAPD number 50, LAPD number 52, LAPD 115, LAPD 116, and LAPD 117. And those are samples all relating to the Bundy area.

And as to evidence item 47, the control for that is -- this is a substrate control for that evidence item that we're talking about?

Yes, these are all substrate controls that I'm referring to.

So your test results for evidence item 47 control, what did you get in that test?

I found no DNA was present; therefore, there were no results.

And how about for evidence item 48 control?

Once again, there was no DNA present.

And evidence item 50 control?

No DNA was present.

And evidence item 52 control?

No DNA was present there.

How about evidence item 115 control?

No DNA was present.

And evidence item 116 control?

No DNA was present.

And finally, evidence item 117 control?

No DNA was present there.

Did you also test some of the control items from the Bronco automobile?

Yes, I did.

Can you list for us the control items tested on the Bronco automobile?

Those are LAPD items 25, 26, 30, 31, 293, 303, 304, and 305.

And we'll go through them one at a time.

Perhaps I'll just ask you what your results were on your tests for the controls for all of those evidence items.

So all of the control samples you tested, to the Bundy blood drops and the Bronco evidence, all tested negative for any DNA; is that right?

Correct.

I have no further questions, Your Honor.