📄 DNA evidence preparation — Tuesday, June 20, 1995
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C:\DEPT103\CRIMINAL\1995\JUN\20\DNA-EVIDENCE-PREPARATION.DOC
TRIAL
▲ Day 99 of 167

DNA evidence preparation

Date: Tuesday, June 20, 1995 • Utterances: 21
Judge Ito and counsel sort out the logistics of presenting DNA autorad evidence to the jury, including whether to use the large light box ('the monster') or limit display to the ELMO projector. Scheck objects that showing all eight autorads on the large display is cumulative and prejudicial; Harmon defends it as efficient; Ito cuts the debate short and gives Harmon one hour to present everything.
1 (The following proceedings were held in open court, out of the presence of the jury:)
2 THE COURT:

Back on the record in the Simpson matter. All parties are again present. Mr. Harmon, have we gotten set up?

3 MR. HARMON:

Yes, your Honor. And I just want to explain the order I will do things. We are going to go through some new Bronco results, some new sock results and some new Bundy results, and then we'll take all the boards down. And I have eight autorads. I'm going to show three of them on the elmo and capture three of those and then when we are done with I will have all of them marked and then we've got the big light box back in the hallway.

4 THE COURT:

The monster?

5 MR. HARMON:

The monster, so I want to put all eight of them up there and afford the jury an opportunity to review them and then we will be done.

6 THE COURT:

Let me ask Mr. Fairtlough to pull the Bronco easel back, because it blocks the view of juror no. 7. The witness on the witness stand cannot be seen by juror no. 7, so why don't you take it down. Let's bring the jurors in and then you can bring it back up.

7 MR. SCHECK:

Your Honor, I do--to be frank, I don't understand why we need the monster. There is--we are more than willing to stipulate that the bands align. You can show them on the elmo. I don't think that there is any reason to go through that again, particularly since these are cumulative results on material that we have already been over, so I think that there reaches a point where there is more prejudice here than probative value in terms of the number of times that you can show the same material again and again to the jury in an effort to make it seem like it is more than it is.

8 THE COURT:

Mr. Harmon.

9 MR. HARMON:

It may be cumulative in terms of the overwhelming amount of DNA evidence that we've presented. The only accumulation that we have seen is--and we have PCR results from three of these four stains. Now we have an additional PCR result on one of the stains, one of the stains there was no testing on and now we have an eight-probe match showing Mr. Simpson's blood on the back gate and Mr. Simpson's blood on sock number A. The jury has not seen this before.

10 MR. SCHECK:

That is not my point. My point is simply that it should be enough to show the autorad on the elmo of material that we've already seen autorads on. I'm not objecting that they can put in more data on the same stains. All I'm saying, it seems to me plainly cumulative to show the same exhibit again and again and have this whole parade of people looking at the autorad again. It seems to me they can show it on the elmo and put it in evidence.

11 THE COURT:

All right. Let see how it develops.

12 MR. HARMON:

I would just like to point out I'm only going to show three on the elmo. I could show all eight and it would take a lot longer than I think putting the big light box up.

13 THE COURT:

All right. We will probably spend more time arguing about it than looking at it.

KEY QUOTE
14 MR. HARMON:

We already have, I think.

KEY QUOTE
15 THE COURT:

I think so, too. Mr. Harmon, you assure me you can present all of this in one hour, correct?

16 MR. HARMON:

Yes.

17 THE COURT:

All right. You've got an hour. All right. Deputy Magnera, let's have the jurors, please.

18 (Brief pause.)
19 THE COURT:

And madam reporter, you can go to noon?

20 REPORTER OLSON:

Yes.

21 (Brief pause.)

Temperature

procedural

Key Quotes (4)

Lance A. Ito
The monster?
Casual, wry reference to the large light box used for autorad display — reveals the informal rapport in out-of-jury sessions.
Lance A. Ito
We will probably spend more time arguing about it than looking at it.
Ito's dry impatience with counsel bickering over logistics.
Rockne Harmon
We already have, I think.
Harmon agreeing with the judge — a rare moment of self-aware humor from a combative prosecutor.
Barry Scheck
I think that there reaches a point where there is more prejudice here than probative value in terms of the number of times that you can show the same material again and again to the jury in an effort to make it seem like it is more than it is.
Defense strategy on full display: framing the prosecution's volume of DNA evidence as a rhetorical trick rather than scientific proof.

Evidence (4)

Informal
Eight DNA autorads including new Bronco, sock, and Bundy results
discussed, logistics of display being arranged
Informal
New PCR result showing eight-probe match of Simpson's blood on back gate
discussed
Informal
New PCR result showing Simpson's blood on sock number A
discussed
Informal
Large light box ('the monster') in the hallway
display method debated

Notable Exchanges (2)

Barry ScheckRockne HarmonLance A. Ito
Scheck argues using the large light box for all eight autorads is cumulative and prejudicial; Harmon defends efficiency; Ito ends it by giving Harmon one hour and watching how it develops.
strategic with light impatience
Lance A. ItoRockne Harmon
Judge notices the Bronco easel blocks juror no. 7's sightline to the witness stand and orders it moved before the jury enters.
routine

Light Moments (2)

Lance A. Ito
Judge Ito spontaneously calls the large autorad light box 'the monster,' matching Harmon's informal nickname for it.
Lance A. Ito
Ito notes they will spend more time arguing about the display method than actually using it; Harmon cheerfully agrees they already have.

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 6463 • 21 utterances
Criminal Trial
Department 103
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📂 JUN 20, 1995 📄 DNA evidence preparation
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