📄 Sidebar: Rockingham glove foundation — Thursday, August 3, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\3\SIDEBAR-ROCKINGHAM-GLOVE-FOUND.DOC
TRIAL
▲ Day 128 of 167

Sidebar: Rockingham glove foundation

Date: Thursday, August 3, 1995 • Utterances: 10
Judge Ito convened a sidebar to explain why he is sustaining Clarke's foundational objections to Scheck's questions about the Rockingham glove. Ito's concern is that the defense's DNA expert has not specifically testified that he evaluated how that particular glove was handled, which is required before he can opine on cross-contamination or other issues related to it. Scheck argues the foundation was already laid through the expert's review of paperwork and his connection of this glove to Yamauchi's earlier handling.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We are over at the side bar. I'm sustaining the objections on foundational basis. You are asking--Mr. Thompson, is there a reason you are here?

3 MR. SCHECK:

No, no, no.

4 MR. THOMPSON:

I'm sorry.

5 THE COURT:

I'm sustaining these objections on the foundational basis because I haven't heard any specifics about him evaluating the handling of this particular glove, any of those particular issues. When you raise the issue of cross-contamination he can say, hey, no, there is a small RFLP. We are at the bottom threshold of DNA doing this RFLP testing on this particular run, correct.

6 MR. SCHECK:

Your Honor, if I may make this offer first. I think he has discussed the handling of the Rockingham glove and what--just so you know, he is going to testify that he doesn't question this result. He is going to testify to a whole series of results that he doesn't question. That is where it is coming from, after reviewing the paperwork and the rest of it. So I'm sort of puzzled by Mr. Clarke's objections.

7 THE COURT:

But where I'm concerned is I haven't heard him say I evaluated how this thing--how this particular glove was handled. I haven't heard that.

8 MR. SCHECK:

I thought I had previously with--this is the same glove Mr. Yamauchi handled.

9 THE COURT:

I understand, but I haven't heard--

10 MR. SCHECK:

I know.

Temperature

procedural

Key Quotes (4)

Lance A. Ito
I haven't heard any specifics about him evaluating the handling of this particular glove, any of those particular issues.
States the precise foundational gap the defense must close before the expert can testify about this exhibit.
Barry Scheck
He is going to testify that he doesn't question this result. He is going to testify to a whole series of results that he doesn't question.
Reveals the defense strategy: the expert will selectively accept certain DNA results while challenging others, making foundation for which results he reviewed critical.
Barry Scheck
This is the same glove Mr. Yamauchi handled.
Scheck's attempt to link prior testimony about Yamauchi's handling to establish foundation for this glove.
Lance A. Ito
When you raise the issue of cross-contamination he can say, hey, no, there is a small RFLP. We are at the bottom threshold of DNA doing this RFLP testing on this particular run.
Ito demonstrates he understands the technical stakes — he is not blocking the testimony on merit, only on procedural foundation.

Evidence (1)

Informal
Rockingham glove — the glove found at Simpson's Rockingham estate, handled by LAPD criminalist Collin Yamauchi
discussed — foundational basis for expert testimony challenged

Notable Exchanges (2)

Lance A. ItoBarry Scheck
Ito explains the specific foundational gap: the expert has not stated on the record that he evaluated how the Rockingham glove was specifically handled. Scheck argues the foundation was already established through Yamauchi references and paperwork review, but concedes he understands the court's point.
strategic
Lance A. ItoMr. Thompson
Ito notices Thompson at the sidebar without apparent purpose and questions why he is there; Thompson apologizes and departs.
routine

Light Moments (1)

Lance A. Ito
Ito mildly calls out Thompson for appearing at sidebar without reason; Thompson simply apologizes and withdraws.

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 7938 • 10 utterances
Criminal Trial
Department 103
⚖️ Start
📂 AUG 3, 1995 📄 Sidebar: Rockingham glove foun
AUG 3, 1995 KRT DvH TD