Direct examination of Gary Sims (part 1)

📄 Direct examination of Gary Sims (part 1) — Thursday, May 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\18\DIRECT-EXAMINATION-OF-GARY-SIM.DOC

TRIAL

▲ Day 77 of 167

◀ Administrative matters: jury return Sidebar: FBI population study objection ▶

Witness: Gary Sims
Examiner: Rockne Harmon
Called by: Prosecution • Date: Thursday, May 18, 1995 • Utterances: 4

The resumed direct examination of DNA expert Gary Sims opens with Harmon attempting to introduce FBI world population study data related to HAE 3 restriction enzyme profiles. Scheck immediately objects that this testimony exceeds the agreed-upon scope for this witness, and the judge calls counsel to sidebar.

# 1 MR. HARMON:

Good morning, ladies and gentlemen.

THE JURY: Good morning.

DIRECT EXAMINATION (RESUMED) BY MR. HARMON

# 2 MR. HARMON:

Mr. Sims, before we complete the calculations for some of the frequencies that we hadn't gotten to yesterday, are you familiar with a--through the world--FBI world population study a large amount of HAE 3, the restriction enzyme you use, population data that could be searched for the profiles that were produced in this case?

# 3 MR. SCHECK:

Objection, your Honor. 1054, beyond the scope of what we had agreed to with respect to this witness.

KEY QUOTE

# 4 THE COURT:

Let me see counsel with the Court reporter.

Temperature

procedural

Key Quotes (1)

Barry Scheck

Objection, your Honor. 1054, beyond the scope of what we had agreed to with respect to this witness.

Defense invokes a prior agreement limiting Sims's testimony, suggesting pretrial negotiations over the scope of DNA frequency evidence — a recurring battleground in this trial.

Evidence (1)

Informal

FBI world population study containing HAE 3 restriction enzyme population data used to calculate DNA profile frequencies

discussed — Harmon attempting to introduce, Scheck objecting to scope

Notable Exchanges (1)

Rockne Harmon•Barry Scheck•Lance A. Ito

Harmon attempts to expand Sims's testimony to FBI population database; Scheck immediately cuts it off citing a pretrial scope agreement; judge takes it to sidebar.

strategic

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 6100 • 4 utterances • Prosecution witness

Criminal Trial

Department 103