Sidebar: sock evidence testing

📄 Sidebar: sock evidence testing — Monday, July 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\31\SIDEBAR-SOCK-EVIDENCE-TESTING.DOC

TRIAL

▲ Day 125 of 167

Date: Monday, July 31, 1995 • Utterances: 19

A sidebar in which Marcia Clark explains that during August 4th phenolphthalein testing of the socks, the bloodstain on the outside was incidentally rehydrated with distilled water. Judge Ito, surprised by the concept of rehydrating a bloodstain, presses Clark for the purpose; she clarifies it was unintentional and part of the testing process. The exchange culminates in Ito articulating Clark's apparent theory — that a wet stain on the outside of a flat sock could explain how blood transferred to the inner surface of the opposite side.

# 1 THE COURT:

Where are we going with this?

# 2 MS. CLARK:

The point, it all relates to the socks, your Honor. There's been a lot that's been done to these socks, one of these, and they use water on the stain and the water is observable in the photograph.

# 3 THE COURT:

The water is observable in the photographs that were taken by the Defense?

# 4 MS. CLARK:

No. By the People. The stain was rehydrated is what I'm saying. I'm not running up against the Court's ruling against phenolphthalein if that's counsel's concern.

# 5 THE COURT:

No. I wanted to know where we're going with this is what I wanted to know. All right. Mr. Neufeld.

# 6 MS. CLARK:

That's where we're going.

# 7 MR. NEUFELD:

Are you saying that the inner surface of the opposite side of the sock was tested after a section was cut out with the wet phenolphthalein test--I'm just trying to seek some clarification here--or we're simply talking about that the stain on the outside of the sock where the stain was originally found, if you will, had a phenolphthalein test.

# 8 THE COURT:

First time I've heard of rehydrating a bloodstain.

KEY QUOTE

# 9 MS. CLARK:

Want to see?

# 10 MR. NEUFELD:

I'm sorry.

# 11 THE COURT:

What was the purpose for rehydrating a bloodstain?

# 12 MS. CLARK:

They didn't rehydrate purposely. It was in the course of the test using the distilled water. The stain was rehydrated in the process of trying to test it. This is August 4th. They're testing the outside of the sock.

# 13 THE COURT:

Was this before the cut-out was made?

# 14 MS. CLARK:

Yeah.

# 15 MR. NEUFELD:

But it's not on the other side of the sock.

# 16 MS. CLARK:

No.

# 17 THE COURT:

But I think her point is going to be, if it's lying flat, that could explain how the substance is on the inside of the opposite side.

KEY QUOTE

# 18 MS. CLARK:

Well, this is one of many possibilities. This is one. I mean, there's been a lot done to this sock that he doesn't know about, and it's important as he had knowledge, that all the history of the sock and what was done to it is important.

# 19 THE COURT:

Okay. Now you know. All right. We'll take 15.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

First time I've heard of rehydrating a bloodstain.

Ito signals skepticism or unfamiliarity with the technique, putting Clark on notice to justify the science.

Marcia Clark

There's been a lot done to this sock that he doesn't know about, and it's important as he had knowledge, that all the history of the sock and what was done to it is important.

Clark implicitly concedes the sock's evidentiary chain is complicated and that the defense may be missing key context — a double-edged admission about evidence handling.

Lance A. Ito

But I think her point is going to be, if it's lying flat, that could explain how the substance is on the inside of the opposite side.

Ito articulates the prosecution's transfer theory himself, showing he has grasped the argument and is willing to let it proceed.

Evidence (1)

Informal

The socks — specifically the bloodstain on the outside, tested with distilled water and phenolphthalein on August 4th

discussed; Clark explains the rehydration that occurred during testing and its relevance to blood transfer to the opposite inner surface

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Ito repeatedly presses Clark to explain why the bloodstain was rehydrated; Clark clarifies it was a byproduct of distilled water use during phenolphthalein testing, not a deliberate act.

inquisitive

Peter Neufeld•Marcia Clark

Neufeld seeks clarification on whether the phenolphthalein test was on the inner surface of the opposite side (post-cut) or on the original exterior stain; Clark confirms it was the exterior stain tested on August 4th.

strategic

Objections

None recorded

Proceeding 7092 • 19 utterances

Criminal Trial

Department 103