Direct examination of Dr. Robin Cotton (afternoon)

📄 Direct examination of Dr. Robin Cotton (afternoon) — Thursday, May 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\11\DIRECT-EXAMINATION-OF-DR-ROBIN.DOC

TRIAL

▲ Day 72 of 167

◀ Back on record Jury preparation and exhibits ▶

Witness: Dr. Robin Cotton
Examiner: George Clarke
Called by: Prosecution • Date: Thursday, May 11, 1995 • Utterances: 65

George Clarke concludes his direct examination of Celera/Forensic Science Associates lab director Dr. Robin Cotton, covering the chain of custody for two key evidence items (item 52, the Bundy bloodstain, and item 78, the boot stain) released to the DA's office, as well as confirmation that all raw data, gel photographs, population databases, and protocols were provided to the Defense. Cotton closes by affirming she has no doubts about the accuracy of her lab's results.

# 1 (The following proceedings were held in open court, in the presence of the jury:)

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. Dr. Cotton, would you resume the witness stand, please.

Robin Cotton, the witness on the stand at the time of the noon recess, resumed the stand and testified further as follows:

# 3 THE COURT:

Good afternoon again, Dr. Cotton.

# 4 DR. COTTON:

Good afternoon.

# 5 THE COURT:

You are reminded you are still under oath. And, Mr. Clarke, you may conclude your direct examination.

# 6 MR. CLARKE:

I shall. Thank you, your Honor. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

DIRECT EXAMINATION (RESUMED) BY MR. CLARKE

# 7 MR. CLARKE:

Dr. Cotton, following the end or when you concluded testing on different pieces of evidence, would they be returned to the original agency that sent them to you?

# 8 DR. COTTON:

Yes.

# 9 MR. CLARKE:

And as far as evidence in this case was concerned, did the bulk of it--was the bulk of it returned to the Los Angeles Police Department?

# 10 DR. COTTON:

Yes.

# 11 MR. CLARKE:

Did you release a couple of pieces, at least two pieces of evidence to another laboratory?

# 12 DR. COTTON:

Yes, we did.

# 13 MR. CLARKE:

All right. In particular, can you tell us--with regard to the Bundy bloodstain, item no. 52, can you tell us when it was released?

# 14 DR. COTTON:

It was released on October 13th, 1994.

# 15 MR. CLARKE:

To the custody of any particular individual?

# 16 DR. COTTON:

To the custody of Michael Stevens.

# 17 MR. CLARKE:

Do you know who Michael Stevens is?

# 18 DR. COTTON:

Uh, he--in parenthesis, it has L.A. D.A. I assume that stands for Los Angeles District Attorney's office.

# 19 MR. CLARKE:

All right. With regard to this Bundy stain, item no. 52, can you describe for us, please, exactly what was released to his custody?

# 20 DR. COTTON:

Yes, but, umm, you'll have to wait one second.

# 21 MR. CLARKE:

All right.

# 22 (Brief pause.)

# 23 DR. COTTON:

It would have been the 10 percent cuttings from the two bloodstains that comprise that item.

KEY QUOTE

# 24 MR. CLARKE:

So this would have been--as far as this particular evidence, item 52, the Bundy bloodstain, was concerned, would have been two of those little cuttings, the smaller or 10 percent or approximate 10 percent portions?

# 25 DR. COTTON:

Yes.

# 26 MR. CLARKE:

And that would have been two separate cuttings, but from the same evidence swatches?

# 27 DR. COTTON:

That's right.

# 28 MR. CLARKE:

Were those the cuttings made by Dr. Blake?

# 29 DR. COTTON:

Yes, they were.

# 30 MR. CLARKE:

On that date, did you also release to Mr. Stevens anything with regard to no. 78, the boot stain?

# 31 DR. COTTON:

Yes, we did.

# 32 MR. CLARKE:

What was that?

# 33 DR. COTTON:

Uh, hang on just one minute.

# 34 (Brief pause.)

# 35 DR. COTTON:

That would have been, uh, the 10 percent cutting from that also.

# 36 MR. CLARKE:

Again, also--that would be a single 10 percent cutting?

# 37 DR. COTTON:

Yes.

# 38 MR. CLARKE:

And was that also the cutting done by Dr. Blake?

# 39 DR. COTTON:

Yes.

# 40 MR. CLARKE:

As far as the Department of Justice was concerned, did you at some time provide them with any photographs of your product gels?

# 41 DR. COTTON:

Yes, we did.

# 42 MR. CLARKE:

Did you also provide them photographs of your yield gels?

# 43 DR. COTTON:

Yes, we did. That's sort of the same thing.

KEY QUOTE

# 44 MR. CLARKE:

In what way?

# 45 DR. COTTON:

Product gel is synonymous with yield gel. We provided them a picture of that gel, but it's the same--you've used two terms to describe the same thing.

# 46 MR. CLARKE:

Okay. Are these the gels that you look at to see if the DNA has amplified?

# 47 DR. COTTON:

Oh, okay. Never mind. I'm sorry. Uh, product gel being the gel--we haven't actually talked about that, but you can run a small gel to see if your DNA is amplified and, yes, product gel in that sense is different from yield gel, and we did provide that, both of them.

# 48 MR. CLARKE:

Both types to the Department of Justice?

# 49 DR. COTTON:

Yes.

# 50 MR. CLARKE:

Now, Dr. Cotton, to your knowledge, have all the records, raw data or copies of the raw data and photographs in this case from your laboratory been provided to the Defense?

# 51 DR. COTTON:

Yes.

# 52 MR. CLARKE:

Do you know of any case in your laboratory where the volume of materials provided to the Defense has been more extensive than this case?

# 53 MR. NEUFELD:

Objection. Irrelevant.

# 54 THE COURT:

Sustained.

# 55 MR. CLARKE:

Did you provide the Defense your population databases?

# 56 DR. COTTON:

Yes, we did.

# 57 MR. CLARKE:

Did you provide them your written protocols and manuals?

# 58 DR. COTTON:

Yes, we did.

# 59 MR. CLARKE:

Dr. Cotton, as a result of the testing and the results you've described at your laboratory, are there any questions in your mind about the accuracy of the results reported by your laboratory in this case?

# 60 DR. COTTON:

No, there are not.

# 61 MR. CLARKE:

All right. Thank you. No further questions, your Honor.

# 62 THE COURT:

All right. Mr. Neufeld, you need some--a moment?

# 63 MR. NEUFELD:

I need some time just to set up and move things around.

# 64 THE COURT:

All right. Ladies and gentlemen, as you know, when we switch from direct examination to cross-examination, I normally take a break to allow the lawyers to shift their exhibits and things and get organized. So we'll take probably 10, 15 minutes. Let me ask you to step back into the jury room. All right. We'll take a brief recess.

# 65 (Recess.)

Temperature

procedural

Key Quotes (3)

Dr. Robin Cotton

No, there are not.

Her unequivocal closing statement that she has no questions about the accuracy of her laboratory's results — a clean, confident ending to the direct examination.

Dr. Robin Cotton

It would have been the 10 percent cuttings from the two bloodstains that comprise that item.

Establishes what specifically was transferred to the DA's office from item 52, relevant to chain-of-custody documentation for the Bundy stain.

Dr. Robin Cotton

Yes, we did. That's sort of the same thing.

Cotton corrects Clarke's use of two terms ('product gel' and 'yield gel'), briefly revealing her precision with lab terminology before walking it back.

Evidence (3)

Informal

Item 52 — Bundy bloodstain; two 10-percent cuttings (made by Dr. Blake) released to Michael Stevens of the DA's office on October 13, 1994

chain of custody discussed

Informal

Item 78 — boot stain; one 10-percent cutting (made by Dr. Blake) released to Michael Stevens of the DA's office on October 13, 1994

chain of custody discussed

Informal

Product/yield gel photographs and population databases provided to both the Department of Justice and the Defense

discussed

Notable Exchanges (2)

George Clarke•Dr. Robin Cotton

Clarke used the terms 'yield gel' and 'product gel' as if they were different things; Cotton initially said they were the same, then corrected herself mid-answer to clarify they are in fact distinct, and confirmed both types were provided.

clarifying

George Clarke•Peter Neufeld•Lance A. Ito

Clarke attempted to elicit testimony that this case produced an unprecedented volume of discovery for the defense; Neufeld objected on relevance grounds and Ito sustained, cutting off what would have been a self-serving comparison.

strategic

Witness Demeanor

(Brief pause.) — Cotton pauses twice to consult records before answering chain-of-custody questions about items 52 and 78

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 6031 • 65 utterances • Prosecution witness

Criminal Trial

Department 103