📄 Cross-examination of Gary Sims (part 1) (2 of 2) — Friday, November 15, 1996
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▲ Day 16 of 57

Cross-examination of Gary Sims (part 1) (2 of 2)

Witness: Gary Sims
Examiner: Robert Blasier
Called by: Plaintiff • Date: Friday, November 15, 1996 • Utterances: 116
Lambert redirects Gary Sims to rehabilitate the DNA evidence after Blasier's cross-examination. Sims explains cross-hybridization as a normal artifact of DQ alpha testing, dismisses contamination claims as 'far-fetched,' validates the RFLP band-matching methodology as a decade-old industry standard endorsed by the National Research Council, and expresses strong confidence in the nine-probe sock match tying Simpson's DNA at frequencies of 1 in 57 billion to 1 in 150 billion. The examination closes on the source of Nicole Brown's reference blood, clarifying that Sims used coroner-prepared cloth stains rather than the degraded Fitzco cards tested by Cellmark.
1 THE COURT:

Anything further?

2 MR. LAMBERT:

Just a little bit, Your Honor.

3 THE COURT:

Okay.

4 MR. LAMBERT:

I might need a moment to get some charts out.

5 (Pause in proceedings.)
6 Q:

Mr. Sims, Mr. Blasier was asking you some questions before about cross-hybridization and your reading of some of these DQ alpha strips.

I'd like you to explain to the jury this cross-hybridization phenomenon.

7 A:

Yes.

The cross-hybridization phenomenon can occur because some of those alleles are very similar in sequence and the differences are very slight among the probes that we're looking at.

So, for example, sometimes you will have samples that are similar in their sequence because the sequence that's on the probe that's, say for example, the 1.3 probe, so that you can get a little bit of a back -- what we call a background or cross-hybridization result.

8 Q:

And by sequence, Dr. Cotton had explained during her testimony that one of the ways that we can distinguish between people's DNA is by the sequence of the base pairs.

And are you saying that the sequence of the base pairs in these 1.1, 1.2, 1.3 alleles is not that far apart?

9 A:

Well, that's correct.

And so what you can see is that this is not always an all-or-none phenomenon. I mean, anything that happens in chemistry, we will generally have a little bit going one way, or all we have is some of it going one way.

But I'll also have some going such that you could see cross-hybridization. That's why it's a weak reaction.

10 Q:

And how many DQ alpha strips did you say you've reviewed in your career?

11 MR. BLASIER:

Objection. Irrelevant.

12 THE COURT:

Overruled.

13 GARY SIMS:

I would say hundreds of them.

14 Q:

(BY MR. LAMBERT) And as part of the system at the Department of Justice, when somebody makes a call on one of the DQ alpha strips, like was done on item 31 here on the Bronco, how many people look at that DQ alpha strip before it goes out into the Department of Justice report?

15 A:

There would be three individuals. The first person who does the -- actually typing analysis; then we have a second reader look at them; and then a supervisor then reviews them before they're reported.

16 Q:

And did that happen in regard to item 31?

17 A:

Yes, it did.

18 Q:

And you concurred in your professional judgment with this reading of item 31?

19 A:

Yes, I did.

20 Q:

Did the --

21 MR. BLASIER:

I'm going to object. This misstates the testimony. He didn't -- he said -- he didn't say very weak.

22 THE COURT:

Excuse me?

23 MR. BLASIER:

That misstates his testimony. He didn't concur with the way it's characterized on the chart.

24 MR. LAMBERT:

You mean the word "very" wasn't --

25 MR. BLASIER:

Yes.

26 Q:

(BY MR. LAMBERT) Take out the word "very;" call it weak.

27 A:

Yes.

28 Q:

Did you concur with that?

29 A:

Yes.

30 Q:

Did your supervisor?

31 A:

Yes.

32 Q:

By the way, when that item 31 was read, who else was present besides the Department of Justice personnel?

33 A:

Dr. Blake.

34 Q:

Dr. Blake, representing Mr. Simpson?

KEY QUOTE
35 A:

Yes.

36 Q:

Now, Mr. Blasier also showed you the reference chart that he has, showing the testing of the reference samples?

37 A:

Yes.

38 Q:

And trying to imply in his questions that there was some contamination in those reference samples; do you remember that?

39 A:

Yes.

40 Q:

You wanted to show us the actual strip for that?

41 A:

Yes, I would like to display that.

42 Q:

Okay.

Explain to the jury what we're looking at here.

43 A:

This --

THE COURT REPORTER: Does this have a number, please?

44 MR. LAMBERT:

We'll have to get the Court number for this. I'm not sure what it is right now.

I'm actually using Mr. Sims' copy of this, but there is --

45 MR. PETROCELLI:

You mean the exhibit number?

46 MR. LAMBERT:

There is an exhibit number. I have to supply it later.

47 GARY SIMS:

What we're looking at is a photograph of the typing strips. And this is just a portion of those strips.

You'll recall those; there were nine dots all along that. So it's a -- we're looking at a couple of the dots.

This is Mr. Goldman's reference blood sample extract that's being tested for DQ alpha type. 1.3 allele is present. We can't see it over here, but it also has a 4 allele; and those two combined to light up this dot also.

As you'll recall, in the cross-examination we talked about there being some faint activity in the 1.1 region of that dot, and I wanted to show just what -- how faint this is, what we're talking about.

In other words, the point is, I'll let you draw your own conclusion, certainly, but it's extremely faint.

48 (Witness refers to typing strip.)
49 Q:

On this strip down here, do you see any activity on these two dot areas?

50 MR. BRASIER:

I'm going to object; there isn't any foundation about what that strip is.

51 THE COURT:

Overruled. I think's he's just illustrating faintness of dots.

52 GARY SIMS:

Yes.

There is the strip for Nicole Brown. Her type is a 1.1, 1.1. What we were talking about is being maybe very faint in the background, was in this 1.2 region and the 1.3 region. And if I really strained my eyes, I might be able to see something in those regions, but it's just -- it's extremely faint.

There's another point of this. This is what we're talking about. There's no doubt to me about what these particular types are. And sometimes you do see this weak background, and that's just to show you how weak the background really is.

53 Q:

And in your professional judgment, Mr. Sims, was there any contamination in the reference samples?

54 A:

No. I think that's a pretty far-fetched idea, particularly when one remembers that these reference samples contain very large amounts of DNA.

And so that if you were to take any kind of traces of contaminating DNA, those contaminating traces would have to be extremely large to even show up in a reference sample, because now we're talking about a sample from this, the victims' reference samples that have a lot of DNA associated with them, micrograms.

And so that any contamination to show up, even at a trace level, would have to be extremely -- would have to be extremely substantial.

KEY QUOTE
55 Q:

And you don't see that in these results?

56 A:

No.

57 Q:

Now, let me turn to another subject.

Mr. Blasier talked to you a lot about the amount of nanograms in various evidence items.

Is it, in your experience, routine to have varying amounts of DNA in the evidence samples that you receive?

58 A:

Yes. We see a great deal of variation of cross-samples.

59 Q:

What kind of factors can affect how much DNA is in a particular sample?

60 A:

Well, it goes to how much was collected, how uniform the sample is across a swatch, the kind of micro environment the stain is in, how long this stain's been out there. All those things are factors that could affect that. And so we typically see a tremendous amount of variation.

61 Q:

And the Department of Justice Laboratory, did it also get all of the swatches for any particular evidence item, or did it just get some portion of it?

62 A:

I think it was both. In some cases, we got portions. In other cases, I believe we got almost all, but I'm not sure of that.

63 Q:

For example, item number 52, where Mr. Blasier was comparing the amount of nanograms in 52 to 117, which is the back gate, Cellmark actually got swatches for item 52, as well?

64 A:

Yes. They -- for example, on that item, they certainly got the lion's share of those. We got little bits of cuttings, two little bits of cuttings.

65 Q:

When you were sharing, I think you said something like 3.5 nanograms that you got in your item 52, that doesn't take into account the 200 nanograms that Dr. Cotton talked about that she saw in item 52; is that right?

66 A:

Well, she tested different portions of swatches, basically.

67 Q:

Okay.

Now, let's talk a little bit more about this concept of identifying bands in the RFLP test.

68 (Counsel displays chart entitled "Results of DNA Analysis, Rockingham Socks.")
69 Q:

Mr. Blasier asked you how you declare band matches using the RFLP test.

70 A:

Yes.

71 Q:

Is that something that is done by DNA laboratories other than yours?

72 A:

Yes; it's done by DNA laboratories all over the country.

73 Q:

And for how long has it been done that way?

74 A:

That RFLP procedure with that type of approach has been done, now, for -- going on ten years.

75 Q:

And is the technique that you're -- that you have described, a commonly accepted technique in the scientific community?

76 A:

Yes.

77 Q:

In fact, haven't there been some national committees that have discussed that very technique?

78 A:

Yes.

79 Q:

National committees of what organization?

80 A:

Well, the National Research Counsel, for example, has issued two reports.

81 Q:

I'm sorry. Go ahead.

82 A:

And they've basically validated the procedure; they've said it's a proper procedure.

83 Q:

And when you do this, these band matches to declare a match between an evidence item and a possible person, do you rely on just one probe match, or do you always require more than that?

84 A:

Well, we get -- you know, we get several matches. We wouldn't rely on just one.

85 Q:

So, and the more matches you get, the more evidentiary value that it has?

86 A:

Yes.

87 Q:

So when you get a nine-probe match like you did on the socks, matching to Mr. Simpson, with the frequency of 1 in 57 billion to 1 in 150 billion, what level of confidence do you have in that match?

KEY QUOTE
88 A:

I have a great deal of confidence because if it weren't from that particular individual, or there was really not a true match, you would see some shifting at some point that they were clearly different.

They were not.

KEY QUOTE
89 Q:

Now, one final point.

Mr. Blasier asked you some questions about the tests that you did on the socks.

And I'll put this up, just to remind everyone what you're talking about.

First I've got to turn this on. (indicating to Elmo).

Let's see if you can -- if we can focus this.

This is my first time.

90 MR. BAKER:

Don't give it to Phil.

91 Q:

(BY MR. LAMBERT) Okay.

Now, you tested -- compared in your tests here, some portion of the sock evidence to get these bands to some of Nicole Brown's blood; isn't that right? Blood from Nicole Brown?

92 A:

Yes.

93 Q:

Now, the comparison that you made, what was the source of the Nicole Brown reference blood that you used?

94 A:

Those samples, it was my understanding, were the ones that were made by the coroner's office. In other words, the stain was made by the coroner's office because there was some indication that the other reference samples, that the other stains that had been made, had some problems with degradation.

95 Q:

So, in other words, what Dr. Cotton testified about, which was the reference vial taken by the coroner that was degraded, that's not what you --

96 MR. BLASIER:

Objection. Misstates the testimony.

97 THE COURT:

That's not what you tested?

98 GARY SIMS:

No?

99 MR. BLASIER:

Objection. Misstates the testimony. Dr. Cotton never said she tested the reference vial.

100 Q:

(BY MR. LAMBERT) Dr. Cotton testified that the blood she tested, which was taken from the reference vial, was degraded. That isn't that same source of blood, is it?

101 MR. BLASIER:

Objection. That misstates her testimony.

102 MR. LAMBERT:

That's exactly her testimony.

103 THE COURT:

Show me where it's not.

104 MR. BAKER:

Why doesn't he show where it is?

105 MR. LAMBERT:

Can we have the answer?

106 THE COURT:

Overruled.

107 Q:

(BY MR. LAMBERT) This isn't the same source, is it?

108 A:

It's a different reference blood stain is the point.

109 Q:

So can you explain for us, to make that point clear, what -- how the coroner's office sometimes takes a swatch and a reference vial?

Are you familiar with that procedure?

110 A:

Yes. I --

111 MR. BLASIER:

Objection. No foundation; outside the scope.

112 THE COURT:

He says he's familiar. Lay a foundation.

113 Q:

(BY MR. LAMBERT) How are you familiar with that procedure, sir?

114 A:

Well, I'm familiar with some of the operations of the coroner's office, having worked there at one time; but also, more presently, my familiarity is with how they prepare samples from homicide victims, for example, and they make blood stains on cloth.

And that's what I was informed was the situation here, was that there were these blood stains that the coroner's office had made on the cloth, and we tested those because the ones that were on the Fitzo cards showed some degradation.

115 Q:

The reason that you asked for the blood stains on the cloth is because the Fitzco cards taken from the reference vials showed degradation?

116 A:

Well, I -- that's correct, except I don't think we asked for it; I think there was some information from the District Attorney's office, on talking to Cellmark, that there was this problem.

Temperature

procedural

Key Quotes (4)

Witness
I think that's a pretty far-fetched idea, particularly when one remembers that these reference samples contain very large amounts of DNA.
Sims flatly dismisses Blasier's contamination theory for the reference samples, arguing that any contaminant would need to be 'extremely substantial' to register against the high-DNA reference material.
Witness
I have a great deal of confidence because if it weren't from that particular individual, or there was really not a true match, you would see some shifting at some point that they were clearly different. They were not.
Direct statement of confidence in the nine-probe RFLP sock match to Simpson, rebutting the defense's suggestion of error or artifact.
Examiner
So when you get a nine-probe match like you did on the socks, matching to Mr. Simpson, with the frequency of 1 in 57 billion to 1 in 150 billion, what level of confidence do you have in that match?
Lambert reframes the sock DNA statistics for the jury after cross-examination challenged the methodology, landing the most damaging statistic of the redirect.
Witness
Dr. Blake. Dr. Blake, representing Mr. Simpson? Yes.
Establishes that Simpson's own expert was present when DOJ read item 31 (the Bronco stain), undercutting any suggestion the reading was made without defense oversight.

Evidence (6)

Informal
Item 31 — DQ alpha strip from the Bronco; read as weak positive, reviewed by three DOJ personnel and Dr. Blake
discussed
Informal
Photograph of DQ alpha typing strips — portion showing Goldman reference blood sample and Nicole Brown reference blood sample strips
displayed; used to illustrate faintness of cross-hybridization background
Informal
Chart: 'Results of DNA Analysis, Rockingham Socks'
displayed during RFLP band-match discussion
Informal
Item 52 — stain evidence; DOJ received small cuttings while Cellmark received the majority of swatches
discussed for nanogram comparison context
Informal
Item 117 — back gate stain; referenced for nanogram comparison to item 52
discussed
Informal
Nicole Brown reference blood — coroner-prepared cloth stains (separate from the degraded Fitzco card vial Cellmark tested)
discussed; source clarified

Notable Exchanges (3)

Robert BlasierTom LambertHiroshi Fujisaki
Prolonged dispute over whether Lambert's characterization of Dr. Cotton's testimony about the degraded reference vial was accurate. Blasier objected twice; Lambert insisted 'That's exactly her testimony'; Fujisaki sided with Lambert and overruled.
heated
Tom LambertHiroshi Fujisaki
Lambert struggled to operate the Elmo projector for the first time, prompting a light aside from Baker and a self-deprecating acknowledgment from Lambert.
light
Robert BlasierHiroshi Fujisaki
Blasier objected to the typing-strip display as lacking foundation; Fujisaki overruled, stating he understood Sims was 'just illustrating faintness of dots.'
strategic

Light Moments (1)

Robert Baker
As Lambert fumbled with the Elmo projector for the first time, Baker quipped 'Don't give it to Phil' — a reference to plaintiff's co-counsel Phil Baker.

Credibility Attacks (1)

⚔ Gary Sims
prior inconsistent statement / mischaracterization
Blasier objected that Lambert's question misstated Sims' earlier testimony by using the word 'very weak' to describe the item 31 reading; Lambert conceded and dropped the word 'very.'

Witness Demeanor

(Witness refers to typing strip.)
(Pause in proceedings.)

Objections

6 objections (0 sustained, 5 overruled)
Proceeding 8284 • 116 utterances • Plaintiff witness
Civil Trial
Department 103
⚖️ Start
📂 NOV 15, 1996 📄 Cross-examination of Gary Sims
NOV 15, 1996 KRT DvH TD