Session opening

📄 Session opening — Wednesday, May 10, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\10\SESSION-OPENING.DOC

TRIAL

▲ Day 71 of 167

◀ Adjournment Direct examination of Dr. Robin Cotton ▶

Date: Wednesday, May 10, 1995 • Utterances: 10

Judge Ito opens court and addresses a pending evidentiary matter before the jury is brought in: whether the prosecution may present DNA mixture evidence and under what statistical framework. Having reviewed People v. Wash and the NRC report's mixed-sample section (pages 55–75), the judge requests an out-of-jury-presence expert explanation of how autorads are read for mixtures and whether a statistical analysis is required per NRC page 59. Dr. Robin Cotton is recalled to testify on these questions, covering two mixture samples: blood from Ronald Goldman's shoe (exhibit 78) and a steering wheel sample (exhibit 29).

# 1 (Appearances as heretofore noted.)

# 2 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 3 (Christine M. Olson, CSR no. 2378, official reporter.)

# 4 (The following proceedings were held in open Court, out of the presence of the jury:)

# 5 THE COURT:

All right. Good morning, counsel. Back on the record in the Simpson matter. The Defendant is again present before the Court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Blasier, Mr. Scheck, Mr. Neufeld. The People are represented by Miss Clark and Mr. Darden, also Mr. Harmon, Mr. Clarke and Miss Martinez and Mr. Fairtlough. I see I missed Mr. Thompson and Mr. Douglas. All right. Counsel, before we get started this morning, there was a remaining matter the Court had to rule upon regarding the manner in which the Prosecution will be allowed to present evidence concerning mixtures, for example, the mixture blood sample that came from Ronald Goldman's shoe. And counsel, I reviewed the case authority cited by the Prosecution yesterday, People versus Wash. I also reviewed the NRC report again, section dealing with mixed samples, and specifically the discussion that is approximately page 55 to page 75 of the NRC report. And what I would like is, out of the presence jury, an expert explanation as to how these autorads are read with regards to these mixtures and what the significance is and why or why I should not require a statistical analysis as is suggested by the NRC at page 59. All right. Mr. Clarke, your evidence. Ball is in your Court.

# 6 MR. CLARKE:

Yes. Dr. Cotton then again, your Honor.

# 7 THE COURT:

All right. Dr. Cotton.

# 8 MR. NEUFELD:

Your Honor, just to clarify, do you want this also to apply to the second mixture which they intend to introduce testimony of in the steering wheel, 29?

KEY QUOTE

# 9 THE COURT:

Yes, 78 and 29.

Robin Cotton, called as a witness by the People under evidence code section 402, having been previously sworn, resumed the stand and testified further as follows:

# 10 THE COURT:

Good morning again, Dr. Cotton. You are reminded you are under oath for the purpose of this proceeding. Mr. Clarke.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

What I would like is, out of the presence jury, an expert explanation as to how these autorads are read with regards to these mixtures and what the significance is and why or why I should not require a statistical analysis as is suggested by the NRC at page 59.

Sets the precise legal and scientific question the court needs resolved before mixture DNA evidence can go to the jury — the judge is doing his homework and demanding rigor.

Peter Neufeld

Your Honor, just to clarify, do you want this also to apply to the second mixture which they intend to introduce testimony of in the steering wheel, 29?

Defense counsel expands the scope of the ruling to cover a second contested mixture sample, ensuring the admissibility gate applies to both pieces of evidence.

Evidence (2)

Mixture blood sample from Ronald Goldman's shoe

Subject of admissibility hearing; judge reviewing how mixture autorad should be interpreted and whether statistical analysis is required

Mixture blood sample from the steering wheel

Neufeld flags this as a second mixture sample subject to the same ruling; judge confirms both 78 and 29 are covered

Notable Exchanges (1)

Lance A. Ito•Peter Neufeld

Neufeld asks whether the court's forthcoming ruling on mixture autorad methodology will also cover exhibit 29 (steering wheel); judge confirms yes, both 78 and 29 are in scope.

strategic

Objections

None recorded

Proceeding 5989 • 10 utterances

Criminal Trial

Department 103