📄 Cross-examination of Gary Sims (part 3) — Friday, May 19, 1995
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▲ Day 78 of 167

Cross-examination of Gary Sims (part 3)

Witness: Gary Sims
Examiner: Barry Scheck
Called by: Prosecution • Date: Friday, May 19, 1995 • Utterances: 641
Barry Scheck cross-examined Gary Sims, a DNA analyst from the California Department of Justice, focusing on two main areas: the extreme sensitivity and contamination risks of PCR typing, and the DNA results from the Rockingham glove and the bloody sock. Scheck methodically established that only 100 invisible amplicon fragments could cause a false contamination result, then pivoted to show that Simpson's DNA was absent from most glove cuttings and present only in trace amounts (and only the 25 allele) in three areas, while Goldman's DNA was the predominant source throughout the glove.
1 THE COURT:

Thank you, ladies and gentlemen. Why don't you be seated. Mr. Sims, why don't you go ahead and take your seat. All right. Let the record reflect that we've been rejoined now by all the members of our jury panel. Mr. Sims is again on the witness stand. And, Mr. Scheck, you may continue with your cross-examination.

2 MR. SCHECK:

Thank you, your Honor.

3 MR. SCHECK:

Mr. Sims, to move back to our discussion of PCR carry-over contamination, now, referring you again to the chart that's--

4 THE COURT:

1133.

5 MR. SCHECK:

--1133, now, these 4 billion 290 million fragments that are produced by an amplification, is the term that is sometimes used to describe a single one of those fragments an amplicon fragment?

6 MR. SIMS:

Yes. I've seen that term in the literature.

7 MR. SCHECK:

And sometimes it's just referred to as an amplicon?

8 MR. SIMS:

Yes.

9 MR. SCHECK:

And under the discussion we were having of this cy--32 cycles of one fragment, we were assuming it was the starting material--

10 THE COURT:

Excuse me, Mr. Scheck.

11 MR. SCHECK:

Sorry?

12 THE COURT:

Excuse me just a second. All right. Proceed.

13 MR. SCHECK:

We were assuming the starting material here was a 1.3, 1.3.

14 MR. SIMS:

Okay.

15 MR. SCHECK:

And so that would mean that the 4 billion 290 million amplicon fragments were these 1.3, 1.3 fragments from the DQ-Alpha system.

16 MR. SIMS:

Yes.

17 MR. SCHECK:

And just as we broke, you indicated to us that one of those fragments is invisible.

18 MR. SIMS:

Yes.

19 MR. SCHECK:

And if a number of these invisible fragments were to get from one of these tubes into another tube, that could cause what's known as PCR carry-over contamination?

20 MR. HARMON:

Objection. Vague as to a number.

21 THE COURT:

Overruled.

22 MR. SIMS:

Well, again, it would depend on the number.

23 MR. SCHECK:

How many of these amplicon fragments, these 1.3 fragments would it take to--when it transferred to another tube where it shouldn't be to create one of those little 1.3 dots on a DQ-Alpha strip?

24 MR. SIMS:

Well, it's not just to create the dot. It's actually to get a typeable result. Is that what you mean? To get a typeable result, we'd need about a hundred of them, something like that.

25 MR. SCHECK:

100?

26 MR. SIMS:

100, yes.

27 MR. SCHECK:

1--only 100 out of those 4 billion 290 million fragments being transferred to another tube would cause a 1.3 contaminant on a strip?

KEY QUOTE
28 MR. SIMS:

Yes.

29 MR. SCHECK:

And have you ever heard the term "exquisite sensitivity" applied to the PCR technique?

30 MR. SIMS:

Yes, I have.

31 MR. SCHECK:

And by "exquisite sensitivity," it is meant that the ability of the PCR process to amplify up very small amounts of starting material means that it is a very sensitive form of testing?

32 MR. SIMS:

Yes, it is.

33 MR. SCHECK:

And by sensitivity, we're talking about the ability to detect small amounts of, in this case, DNA?

34 MR. SIMS:

Yes.

35 MR. SCHECK:

If one takes one of those microfuge tubes with the top and pops it up and gets a small aerosol, gets on a glove, gets on the rim of another tube and then gets into a second tube and only 100 of those fragments gets into that second tube, that can cause a PCR carry-over contamination which would create one of those typeable 1.3 dots lighting up on the strip?

36 MR. SIMS:

Well, no. That by itself wouldn't cause that. That's--you're--the way you phrased that, that's not what you're talking about.

37 MR. SCHECK:

It gets into the tube and then you amplify it up and then you see the dot on the strip?

38 MR. SIMS:

In other words, if--if some of that amplified product, that number of copies we talked about got back into another tube and then that got amplified, then that's correct, yes. But you have to amplify what you got in the tube.

39 MR. SCHECK:

Amplified second?

40 MR. SIMS:

That's right.

41 MR. SCHECK:

Now, because these amplified products, it only takes 100 of them I think you said--

42 MR. SIMS:

Yes.

43 MR. SCHECK:

--to create a contaminant typing result.

44 MR. SIMS:

Yes.

45 MR. SCHECK:

PCR laboratories, whether doing forensic typing or typing for clinical medicine, have to be very, very concerned about carry-over contamination.

46 MR. SIMS:

You have to be very concerned about that, yes.

47 MR. SCHECK:

You have to take very strict precautions to make sure that amplified product, these fragments are not accidentally spread around?

48 MR. SIMS:

You have to take strict precautions, yes.

49 MR. SCHECK:

And you need to take strict precautions because only 100 of these invisible fragments can cause that contaminant?

50 MR. SIMS:

Yes. In other words, 100 of those fragments all landing in the same place, the same tube as you mentioned, yes.

51 MR. SCHECK:

All right. Now, in your--amplified fragments, these invisible amplified fragments can get on people's shoes?

52 MR. SIMS:

I--I suppose they could if there was some on the floor, for example, and you stepped in it.

53 MR. SCHECK:

And you could carry them to another section of the laboratory if one isn't careful?

54 MR. SIMS:

Yes. I suppose that could happen.

55 MR. SCHECK:

And it can get on clothing?

56 MR. SIMS:

Yes.

57 MR. SCHECK:

And if you carry that to another part of the laboratory, then touch your clothing and put your hand down on a surface, that can spread the amplicons?

58 MR. SIMS:

Yes. That could spread them out, yes.

59 MR. SCHECK:

And then that spread of the amplicons can somehow get on an analyst's hands or clothing and then start getting into reagents?

60 MR. SIMS:

It's somewhat of a circuitous route, but I suppose theoretically, all that could happen.

61 MR. SCHECK:

Well, isn't that in your understanding of the literature in this area more than a theoretical problem?

62 MR. SIMS:

Well, most--most of the concern has come about, for example, in the way instrumentations such as pipettes are used or that sort of thing, but that is part of the issue, is you want to isolate the PCR product. There's no doubt about that.

63 MR. SCHECK:

No doubt about it?

64 MR. SIMS:

No doubt about that.

65 MR. SCHECK:

And that's why in your laboratory's--withdrawn. Now, once one gets PCR carry-over contamination in a laboratory, it is hard to pinpoint exactly where it came from?

66 MR. SIMS:

In other words, if one saw a--a large amount of it, in other words, a large number of samples that were contaminated, is that what you're saying? Yes, it could be difficult to isolate that.

67 MR. SCHECK:

And in the literature on PCR typing, there has been much written about measures that could be taken in laboratories to prevent carry-over or amplicon contamination as it's called?

68 MR. SIMS:

Yes.

69 MR. SCHECK:

One precaution that has been suggested is the use of an enzyme known as U-N-G?

70 MR. SIMS:

Ung, yes.

71 MR. SCHECK:

Actually, I think it stands for--this may be more information than we need--Uracil N-Glycolase.

72 THE COURT:

You want to spell that?

73 MR. SCHECK:

Sure.

74 MR. SIMS:

Or is it glycol's maybe?

75 MR. SCHECK:

Uracil, U-R-A-C-I-L, new word, capital N dash, G-L-Y-C-O-L-A-S-E. Yes?

76 MR. SIMS:

I believe that's right, yes.

77 MR. SCHECK:

Typically--otherwise know as U-N-G?

78 MR. SIMS:

Ung.

79 MR. SCHECK:

And this is an enzyme that can be put into the PCR process that can prevent--can be used to prevent amplification of carry-over amplicons from the previous amplification run?

80 MR. SIMS:

Yes. That's one approach that was proposed sometime back. I--nobody's adopted it in forensic use because we haven't found the need for it.

81 MR. SCHECK:

Well, nobody in the forensic laboratories has adopted it?

82 MR. SIMS:

That's correct.

83 MR. SCHECK:

But in PCR typing, for purposes of clinical diagnosis, this is a widely-used technique, isn't it?

84 MR. HARMON:

Objection. It's irrelevant, calls for speculation.

85 THE COURT:

Sustained.

86 MR. SCHECK:

Do you know if u-n-g is used in clinical laboratories as a precaution against PCR carry-over contamination?

87 MR. HARMON:

Objection. Calls for hearsay, speculation.

88 THE COURT:

Sustained.

89 MR. SCHECK:

Are you familiar with the section concerning PCR carry-over contamination in the NRC report?

90 MR. HARMON:

Objection. It's irrelevant.

91 MR. SCHECK:

Call your attention to page 67.

92 MR. HARMON:

Irrelevant.

93 THE COURT:

Overruled. Are you familiar with that?

94 MR. SIMS:

I've read it.

95 MR. SCHECK:

All right. Do you rely upon the recommended--on that section of the--

96 MR. HARMON:

Your Honor, objection.

97 MR. SCHECK:

Rephrase the question.

98 MR. SCHECK:

Do you rely on the section of the NRC report that discusses--

99 MR. HARMON:

Objection.

100 MR. SCHECK:

--PCR carry-over contamination in formulating your opinions about PCR typing?

101 MR. HARMON:

Your Honor, I object, hearsay, to the form of the question.

102 THE COURT:

Well, counsel, if you are talking at the same time, I can't hear the question, I can't hear the objection at the same time. Restate the question.

103 MR. SCHECK:

Do you rely on the section of the national academy of sciences report concerning PCR carry-over contamination?

104 MR. SIMS:

No.

105 THE COURT:

Proceed.

106 MR. SCHECK:

Is this--is Dr. George Sensabaugh one of the authors of this NRC report?

107 MR. SIMS:

Yes. I believe he was one of the authors of the report.

108 MR. SCHECK:

Is that the same Dr. George Sensabaugh that was the author of those articles or a number of the articles that Mr. Harmon referred you to on direct examination?

109 MR. SIMS:

Yes.

110 MR. SCHECK:

Now--so you don't use u-n-g as a precaution against PCR carry-over contamination in your laboratory?

111 MR. SIMS:

That's correct. We found no need for it.

112 MR. SCHECK:

Now, ultraviolet light can be used to--as a precaution against PCR carry-over contamination?

113 MR. SIMS:

Yes.

114 MR. SCHECK:

Literally, if you expose the DNA to ultraviolet light, it does something that they call cross-link it?

115 MR. SIMS:

Yes. You get cross-linking, dimming, dimmers, that sort of thing.

116 MR. SCHECK:

And in simple terms, what that means is, if you expose the amplicons to ultraviolet light, you will sort of deactivate them to the point where they can't be amplified up as carry-over contamination?

117 MR. SIMS:

That's the basic idea, yes.

118 MR. SCHECK:

And so ultraviolet light can be used as a way of--sort of as a precaution against PCR carry-over contamination getting on surfaces?

119 MR. SIMS:

Yes.

120 MR. SCHECK:

And I think you indicated that when you take notes in your forensic typing, you do it as the work is performed?

121 MR. SIMS:

Yes.

122 MR. SCHECK:

So you would be there with your paper, your note--your notes, the paper on which you make your notes as you are performing some of these functions?

123 MR. SIMS:

Yes.

124 MR. SCHECK:

And as a precaution, do you take the pages of your notes and put it in some machine to expose them to ultraviolet light?

125 MR. SIMS:

Well, what I do is, I take the pages that have been in the PCR room, that's our product room, I expose those in a device called a straddle linker, which it zaps them basically with this ultraviolet light, and then I do that both sides of the paper before I remove it from that room.

126 MR. SCHECK:

And the reason that you--so you literally take the pieces of paper that you bring into that PCR product room, and then you put it in--what did you call it? A contraption?

127 MR. SIMS:

The device is called a straddle linker.

128 MR. SCHECK:

Right. You put it in there, you expose both sides of the paper to the ultraviolet light, right?

129 MR. SIMS:

Yes.

130 MR. SCHECK:

So that's to make sure that the paper that you're carrying out of that PCR product room doesn't contain any of these amplicons?

131 MR. SIMS:

Yes.

132 MR. SCHECK:

That's the--

133 MR. SIMS:

That's to--

134 MR. SCHECK:

I'm sorry?

135 MR. SIMS:

Well, yes. That's to, again, expose it to the UV light. It's a protective device.

136 MR. SCHECK:

That's how careful one has to be?

137 MR. SIMS:

That's--we are probably overboard on that matter, but I--we think it's a good idea because that paper may have been, for example, on a lab bench in the PCR room.

KEY QUOTE
138 MR. SCHECK:

When you say "overboard," you're talking in terms of comparing forensic DNA laboratories, right? You're comparing yourself to other forensic DNA laboratories?

139 MR. SIMS:

Yes. That's all I know about.

140 MR. SCHECK:

Right. You don't know very much about what clinical laboratories do in terms of trying to prevent PCR carry-over contamination?

141 MR. SIMS:

I don't know a great deal about that, that's correct.

142 MR. SCHECK:

And would it be fair to say that the PCR typing process has been used in clinical laboratories far longer than it has been in forensic laboratories?

143 MR. HARMON:

Objection. Calls for hearsay, no foundation, it's irrelevant.

144 THE COURT:

Do you know the answer to that question?

145 MR. SIMS:

No.

146 THE COURT:

Proceed.

147 MR. SCHECK:

Is it fair to say that most of the forensic laboratories that you've been referring to for your knowledge are laboratories that are connected with law enforcement?

148 MR. SIMS:

Yes.

149 MR. SCHECK:

So basically what's happening--I think you even described it on direct--is that law enforcement, police crime laboratories have been taking a PCR technology that was first introduced in clinical medicine, the first application, and then research and transferring it into the crime laboratory?

150 MR. HARMON:

Objection. Calls for hearsay, no foundation, speculation.

151 THE COURT:

Overruled.

152 MR. SIMS:

Well, I--I don't think--you said first. Now, I know Dr. Blake, who is a forensic analyst, was using this stuff in 1985 or -6. I mean, he was in the same building as the Cedus Company that developed it. So I don't know that you can actually say that clinical medicine people were using it before Dr. Blake was.

153 MR. SCHECK:

Well--

154 MR. SIMS:

I'm--I'm struggling with that one.

155 MR. SCHECK:

Uh-huh. Well, you know Dr. Kary Mullis?

156 MR. SIMS:

I don't know him personally.

157 MR. SCHECK:

You know who he is?

158 MR. SIMS:

I know who he is.

159 MR. SCHECK:

He invented PCR technique.

160 MR. SIMS:

Yes. I believe his name is on the patent along with some other people.

161 MR. SCHECK:

He won the Nobel Prize?

162 MR. SIMS:

He won the Nobel Prize.

163 MR. SCHECK:

Now, in your laboratory, you--at the end of the PCR typing process, you go into something that you call a what room?

164 MR. SIMS:

Product room.

165 MR. SCHECK:

Product room. And that's where these tubes are amplified up?

166 MR. SIMS:

Yes. That's where the amplification and typing takes place.

167 MR. SCHECK:

And that's where you do your PCR product gel?

168 MR. SIMS:

Yes.

169 MR. SCHECK:

And it's in your protocol that you never, never take PCR product out of that room?

170 MR. SIMS:

Well, we never process it away from that room. That's correct. We would not do that.

171 MR. SCHECK:

And that's because of this danger of carry-over contamination?

172 MR. SIMS:

That's correct.

173 MR. SCHECK:

Every tool in that PCR product room is a dedicated tool?

174 MR. SIMS:

Yes, it is.

175 MR. SCHECK:

You don't take a pen that you would use in that room out of the room, do you?

176 MR. SIMS:

That's correct.

177 MR. SCHECK:

You don't take the lab coat out of that room?

178 MR. SIMS:

That's correct.

179 MR. SCHECK:

You don't take any gloves out of that room?

180 MR. SIMS:

That's correct.

181 MR. SCHECK:

You don't take any tubes out of that room?

182 MR. SIMS:

That's correct.

183 MR. SCHECK:

And you would never in your laboratory take the PCR tubes out of that room, put it in a car, drive it for a mile, bring it into another laboratory and then in another room in a laboratory, perform a PCR product gel, would you?

184 MR. HARMON:

Objection. No foundation, calls for speculation, it's irrelevant, beyond the scope.

185 THE COURT:

Sustained. Rephrase the question.

186 MR. SCHECK:

Would you ever take tubes out of your PCR product room and perform what's known as a PCR product gel in another room in your laboratory?

187 MR. HARMON:

Objection. It's vague in terms of what another room is.

188 THE COURT:

Overruled.

189 MR. SIMS:

No. It would always be contained in the PCR product room because of the way our lab is set up.

190 MR. SCHECK:

And that's because it's a one-way work flow?

191 MR. SIMS:

That's correct.

192 MR. SCHECK:

And that's what's recommended by--in forensic laboratories and any other laboratory that you know of that does PCR typing; that you should have a one-way work flow and the PCR product should not leave that last room?

193 MR. SIMS:

That--that's the basic idea, yes. In other words, you work on a sample, you extract it, then you move into the PCR room for the final step.

194 MR. SCHECK:

And could you just tell the jury what a PCR product gel is?

195 MR. SIMS:

A PCR product gel is another one of these mini gels I think Dr. Cotton may have referred to. It's sort of like a yield gel, but it just tells you whether or not you got PCR product out of your amplification. In other words, it evaluates whether or not the--this amplification process was a success, because if it was a success, you'll see a band for the DNA size fragment we mentioned, about 240 base pairs, on your gel.

196 MR. SCHECK:

And to perform a PCR product gel, bottom line, you would be taking some tubes that contained these amplicon fragments. You would have to be using that, be using amplified product?

197 MR. SIMS:

Yes. Yes.

198 MR. SCHECK:

Okay. Mr. Sims, let's discuss the glove.

199 MR. SIMS:

Okay.

200 MR. SCHECK:

And in preparation for that, I would ask you to turn to I guess it's page 69 of your notes while I search for one of the glove boards.

201 (Brief pause.)
202 THE COURT:

Watch out there, guys.

203 MR. SCHECK:

This is no. 272-A.

204 THE COURT:

Excuse me, counsel. We're missing the other board that goes with this.

205 MR. SCHECK:

Oh, I don't need it.

206 THE COURT:

Yes.

207 MR. SCHECK:

For my purposes now. Well, I wouldn't mind using it, but--

208 THE COURT:

No. That was our agreement.

209 MR. SCHECK:

Oh. The two of them would always be done together. You're absolutely right, your Honor. It's just a question of logistics. But I--thank you.

210 THE COURT:

Deal's a deal.

211 MR. SCHECK:

So I guess that means another easel.

212 THE COURT:

Yes.

213 (Brief pause.)
214 MR. SCHECK:

And while we're doing that, let me show Mr. Harmon some photographs so that he has--

215 (Brief pause.)
216 MR. SCHECK:

While they're searching for this board, I'll show the witness these photos.

217 THE COURT:

Proceed.

218 MR. SCHECK:

Tell you what. I'm sorry.

219 (Brief pause.)
220 THE COURT:

Mr. Scheck.

221 MR. SCHECK:

Thank you, your Honor.

222 MR. SCHECK:

Have you examined those photographs?

223 MR. SIMS:

Yes.

224 MR. SCHECK:

Now, let's just--you began your examination of the glove on October 15th?

225 MR. SIMS:

Yes. I believe that's--yes, that's correct.

226 MR. SCHECK:

What I would like to do with you now is just go over what you did and how long it took you to do it, to cut from the glove four samples. I believe they are G1, G2, G3 and G4, okay?

227 MR. SIMS:

Okay. But when you say "cut," I mean I'm also spending a lot of time documenting, photographing and Dr. Blake is taking photographs too. So--

228 MR. SCHECK:

That's right.

229 MR. SIMS:

--it's not right to just say how long did I take to cut.

230 MR. SCHECK:

No, no. I'm going to take you through it step by step.

231 MR. SIMS:

Okay.

232 MR. SCHECK:

Starting at page 69 of your notes.

233 MR. SIMS:

Okay.

234 MR. SCHECK:

On October 15th at about 3:15, you began an examination of this glove which you received on September 7th?

235 MR. SIMS:

That's correct.

236 MR. SCHECK:

And you photographed it and you made a diagram?

237 MR. SIMS:

Yes, I did.

238 MR. SCHECK:

All right. And this took you--and at that time, the glove was turned inside out as reflected on the top left-hand photograph in People's exhibit 272-A?

239 MR. SIMS:

Yes. It was inside out.

240 MR. SCHECK:

That's how it was when you received it?

241 MR. SIMS:

Yes.

242 MR. SCHECK:

And you then on--you--and when you were examining the glove on October 15th, you also did some presumptive testing on different areas of the glove?

243 MR. SIMS:

That's correct.

244 MR. SCHECK:

And could you tell us exactly what that is and how you did it?

245 MR. SIMS:

Okay. The presumptive blood testing is with a--it's a color test, a reagent that when--in this case, I used orthotolidine. And what one first does is take a swab and then touch lightly the area of interest where you think there's blood, and then you take that swab now and drop sequentially reagents upon it, the orthotolidine followed by the hydrogen peroxide. And since blood has the--what's called a peroxidase like activity associated with it, if there's blood there, it will turn the reagent blue. You'll see a nice blue color.

246 THE COURT:

All right. Mr. Sims, would you spell orthotolidine for the court reporter?

247 MR. SIMS:

Yes. O-R-T-H-O dash T-O-L-I-D-I-N-E.

248 THE COURT:

Thank you.

249 MR. SCHECK:

And the purpose of going over the--the--the glove with this orthotolidine test and looking for all areas that you might think was blood, was to identify all the areas that you could see on the inside surface of the glove that you thought would be relevant for purposes of DNA testing?

250 MR. SIMS:

Well, I--that's right, except I would probably take out the word "all." I'm not sure I--there's a lot of blood on that glove. So--but those are the areas I focused on.

251 MR. SCHECK:

And to do this, it took you about two and a half hours?

252 MR. HARMON:

Objection. It's vague as to what "this" is, your Honor.

253 THE COURT:

Sustained. Rephrase.

254 MR. SCHECK:

The examination, documentation and presumptive testing of the surface of the glove took you--all those activities that you've described on October 15th took you about and a half hours, or you tell me how long it took.

255 MR. SIMS:

That's approximately correct, yes. All those--all the activities of that day took about that much time.

256 MR. SCHECK:

Then on October 16th, the next day, you made some cuttings?

257 MR. SIMS:

Yes.

258 MR. SCHECK:

You cut G1 from I guess it's the pointer finger?

259 MR. SIMS:

The index finger, yes.

260 MR. SCHECK:

And G2?

261 MR. SIMS:

Yes. That's on the side of the middle finger.

262 MR. SCHECK:

And G3?

263 MR. SIMS:

That's from the ring finger.

264 MR. SCHECK:

All right. And G4?

265 MR. SIMS:

Yes. That was now down into the--towards the middle of the hand.

266 MR. SCHECK:

So in other words, you were taking cuttings from the index finger; is that right?

267 MR. SIMS:

That's correct.

268 MR. SCHECK:

And the inside of the middle finger?

269 MR. SIMS:

Yes. That's correct.

270 MR. SCHECK:

And then from something that would be equivalent on if you would turn the glove, you know, out again, right, the inside of--what do you call this finger--the--ring finger?

271 MR. SIMS:

Ring finger.

272 MR. SCHECK:

--ring finger?

273 MR. SIMS:

Ring finger.

274 MR. SCHECK:

Ring finger, right?

275 MR. SIMS:

Yes.

276 MR. SCHECK:

All right. Looking for blood in those areas?

277 MR. SIMS:

Yes.

278 MR. SCHECK:

All right. Then you also looked at an area that was even middle of the palm, right?

279 MR. SIMS:

I think we're now talking--

280 MR. SCHECK:

G4.

281 MR. SIMS:

G4 is actually I think the back of the hand because it's inside out. If you look--

282 MR. SCHECK:

Inside out on the back of the hand?

283 THE COURT:

Excuse me. Mr. Scheck, you keep talking over Mr. Sims.

284 MR. SCHECK:

I'm sorry.

285 MR. SIMS:

May I step down, your Honor?

286 THE COURT:

You may.

287 MR. SCHECK:

Yeah, please.

288 THE COURT:

Why don't you grab a pointer.

289 MR. SIMS:

G4 is on the back of the hand. It's hard to think because it's inside out. You have to think about it. This notch here is what we call the palm or surface. In other words, that's the surface, the palm of the--and then this--G4 then is on the back of the hand.

290 MR. SCHECK:

Okay. Now, to do these four--to do these four cuttings, right?

291 MR. SIMS:

Yes.

292 MR. SCHECK:

Between each cutting in your notes, you indicated that you went through the procedure before where you cleaned your instruments with water and alcohol and flamed them.

293 MR. SIMS:

Yes.

294 MR. SCHECK:

And under each of the cuttings, you put a new one of those chem-wipes?

295 MR. SIMS:

Yes, I did.

296 MR. SCHECK:

All right. When you handled each one of those cuttings?

297 MR. SIMS:

Yes.

298 MR. SCHECK:

And you changed gloves between each one of the cuttings or cleaned or put on--washed your gloves?

299 MR. SIMS:

Now, that--I don't recall in this particular examination that I did that each time. I'm--I'm--I'm not sure I did that each time because this was all one item.

300 MR. SCHECK:

Uh-huh. You might have?

301 MR. SIMS:

Well, I might have, but--

302 MR. HARMON:

Objection. Calls for speculation, your Honor.

303 THE COURT:

Sustained.

304 MR. SCHECK:

Now, how long did it take you to do those four cuttings? About five hours and 40 minutes?

305 MR. SIMS:

No. I think--I think there's a follow-up. This was--this was a Sunday afternoon and I think there was still follow-up time. There were additional samples taken and additional documentation that Sunday.

306 MR. SCHECK:

Well, I'm just curious if you could, to the best of your recollection, using your notes, how long do you think it took you to do the cuttings for those four samples?

307 MR. SIMS:

Oh, those four samples?

308 MR. SCHECK:

Uh-huh. And the documentation and your usual procedures.

309 MR. SIMS:

Probably an hour, something like that at least. Maybe an hour and 15 minutes. Something like that. Maybe am hour and a half. I'm not sure.

310 MR. SCHECK:

Uh-huh. And did there come a point where you proceeded on October 17th with the organic extraction or your extraction process on those samples?

311 MR. SIMS:

Let me check my notes on that. Which page were you referring to?

312 MR. SCHECK:

Well, page 72.

313 MR. SIMS:

Yes. Page 72, this would now be October 16th. This is when I began the extraction of those samples.

314 MR. SCHECK:

About how long did that take you?

315 MR. SIMS:

The first--well, the first portion that--that night was fairly quick because I just had at that point had all my tubes set up and I just had to add a couple reagents to those tubes, and then that went overnight. The extraction process takes overnight. You let this to get this DNA out, you have to--and with our procedure, you have to go overnight. So then we begin now with the 17th because the 16th--

316 MR. SCHECK:

How long? How long?

317 MR. SIMS:

Well, that would probably take about half an hour, something like that, on the 16th.

318 MR. SCHECK:

The organic extraction?

319 MR. SIMS:

The start of the organic extraction on the 16th would take about half an hour.

320 MR. SCHECK:

All right. And how long would it take you to finish the organic extraction on the next day, page 77?

321 MR. SIMS:

This goes from 72 I guess over to page 75. I would say I spent probably, oh, half a day at least. I work--I work very slowly, but something like a half day, maybe four or five hours, something like that.

322 MR. SCHECK:

And then did there come a point when you did an amplification of these G1, G2, G3 and G4?

323 MR. SIMS:

Yes.

324 MR. SCHECK:

How long did that take?

325 MR. SIMS:

This would now be after the yield gel?

326 MR. SCHECK:

Yeah. Page--you do a yield gel. How long did that take?

327 MR. SIMS:

Excuse me. Well, the yield gel runs for about an hour.

328 MR. SCHECK:

Uh-huh.

329 MR. SIMS:

This was a--this was a pretty long day. Let's see. I--I--yeah. I have Dr. Blake coming over around 2100 hours. So that would be what, around 9:00 o'clock I guess. I'm running the yield gel during that time. I think it's not been till about the 18th--I have Blake departed 12:00 A.M. that would be midnight. And I think that the actual set-up then starts on the 18th. That would probably take about an hour and a half, something like that. There was some calculations based on the yield gel made and then there was some laying out of the--what we were going to amplify. So that would take about an hour and a half, something like that.

330 MR. SCHECK:

And finally, when you do your amplification run and you get your typing results, about how long did that part of the process take for these four samples?

331 MR. SIMS:

The--the typing, usually about half a day. I'd say about four hours it takes to do the typing. And then if the product gel is run, that's another hour or so.

332 MR. SCHECK:

Now, I heard you say that you work slowly you said?

333 MR. SIMS:

Yes, I do.

334 MR. SCHECK:

Well, you work carefully?

335 MR. SIMS:

Well, yes, I'm very careful. I think I'm very careful.

336 MR. SCHECK:

Nothing wrong with that, is there?

337 MR. SIMS:

Well, from a production standpoint, it's not--I don't think--I don't think it's all that good. But in terms of getting the right result, I think it's important to take one's time to do a good job.

338 MR. SCHECK:

Yes. Now, looking at all your results on 272-A, which is the picture of the glove, and 272-B, would it be fair to say that the predominant source of DNA on this glove, whether it be through RFLP typing or PCR base typing, is consistent with Ronald Goldman?

339 MR. SIMS:

Well, I can only address those issues--those places where I sampled. You have to remember there's a lot of blood on this glove.

340 MR. SCHECK:

Yes.

341 MR. SIMS:

And from the areas that I sampled, I mean, there's a great deal of mixing going on, but--but overall, from the areas that I sampled, I would say yes, Mr. Goldman's types were predominant in those areas.

KEY QUOTE
342 MR. SCHECK:

Whether you're looking at the band intensities in RFLP or the dot intensities in PCR or the band intensities in D1S80, it would be your conclusion that his DNA was the predominant source on this glove in most of the areas?

343 MR. HARMON:

Objection. That misstates the testimony, calls for speculation.

344 THE COURT:

Sustained. Rephrase the question.

345 MR. SCHECK:

All right. And each of the areas would take it--would you agree that Mr. Goldman's--that DNA consistent with Mr. Goldman's type, different typing procedures, was the predominant source?

346 MR. SIMS:

Yes.

347 MR. SCHECK:

Now, you found no trace of DNA consistent with Mr. Simpson in G1, the index finger?

KEY QUOTE
348 MR. SIMS:

That's correct.

349 MR. SCHECK:

You found no trace of DNA consistent with Mr. Simpson in G2, the middle finger?

KEY QUOTE
350 MR. SIMS:

That's correct.

351 MR. SCHECK:

You found no trace of Mr. Goldman's--Mr. Simpson's DNA consistent with Mr. Simpson in the ring finger?

352 MR. SIMS:

That's correct.

353 MR. SCHECK:

You found no trace of DNA consistent with Mr. Simpson in G4, the back of the hand?

KEY QUOTE
354 MR. SIMS:

That's correct.

355 MR. SCHECK:

At G14, the bottom of the glove, you found no trace of DNA consistent with Mr. Simpson?

356 MR. SIMS:

That's correct.

357 MR. SCHECK:

All right. The three areas where you found traces of DNA on the D1S80 system that were consistent with Mr. Simpson were G10, G11 and G13?

358 MR. SIMS:

Yes.

359 MR. SCHECK:

Now, turning first to G10, you extracted a total of 44 nanograms of DNA?

360 MR. SIMS:

I'll check that (Brief pause.)

361 MR. SIMS:

That's--actually there was a little more than that because this was now available after the quantitation. So it was a little over 44 nanograms, yes.

362 MR. SCHECK:

And looking at band intensities on the D1S80 system, would you say that the proportion--let me ask you, how would you estimate the proportion of DNA within that area that contributed to the 25 allele? Would you say it would be something on the order of 20 percent?

363 MR. SIMS:

Maybe something along those lines. I would defer that though to Renee Montgomery, who is a D1S80 specialist.

364 MR. SCHECK:

Well, from your examination of that, would you--your opinion say about 20 percent?

365 MR. SIMS:

Something in that ballpark, yes.

366 MR. SCHECK:

So if we use that estimate, then that would mean it's about eight nanograms of DNA would be consistent with the contribution of the 25 allele?

367 MR. SIMS:

Yes. Something like that. It may be less than that also, but it's down there.

368 MR. SCHECK:

Maybe less than eight?

369 MR. SIMS:

Yes.

370 MR. SCHECK:

Now looking at G11, extracted there 18.5 nanograms?

371 MR. SIMS:

Excuse me one moment while I look at my notes.

372 THE COURT:

Take your time.

373 (Brief pause.)
374 MR. SIMS:

G11--I'm sorry. And you said how much?

375 MR. SCHECK:

18.5.

376 MR. SIMS:

Yes. That was again what was available after the quantitation. So there was more along the lines of about 20, something like that.

377 MR. SCHECK:

Okay. And what would be your estimate of the proportion of DNA that would be attributable to the 25 allele?

378 MR. SIMS:

On that--on that particular one, I don't remember because I haven't looked at that gel in a long time. So I don't have an independent recollection other than that it was a weaker contribution than the 24 allele. I do independently remember that first one we mentioned, but I don't recall the intensity on g--on G-11, these last two because I don't recall that particular gel.

379 MR. SCHECK:

Uh-huh. But your assessment here is that this would be consistent with the three-way mixture?

380 MR. SIMS:

On G11?

381 MR. SCHECK:

Yeah.

382 MR. SIMS:

Yes.

383 MR. SCHECK:

All right. So that would mean that if you assumed that the mixture on the D1S80 system was a--was between an 18, 18, 25--and a--24, 25 and a 24, 24, all right?

384 MR. SIMS:

Okay.

385 MR. SCHECK:

And the 25 band in that D1S80 is comparatively faint, isn't it?

386 MR. SIMS:

Yes. It's noticeably weaker.

387 MR. SCHECK:

All right. So would you say that something on the order of at--at most a third could be attributed to the 25 allele?

388 MR. SIMS:

Well, again, as I mentioned, I don't recall this particular gel. And so I think I'd be speculating to say what that contribution would be.

389 MR. SCHECK:

All right. And turning to G13, you got 40.5 nanograms?

390 MR. SIMS:

Yes. Again, that would be available after the quantitation. So it would be a little higher than that to start with.

391 MR. SCHECK:

And do you have a recollection of--and again, this was a three-way mixture, could be a three-way mixture?

392 MR. SIMS:

Yes, it could be.

393 MR. SCHECK:

And that the predominant--withdrawn. And that the 25 allele was comparatively faint?

394 MR. SIMS:

Yes. Again, it was weaker than the 24 noticeably.

395 MR. SCHECK:

And what proportion do you believe of that mixture would be attributable to the 25 allele?

396 MR. SIMS:

Well, I think again, I'd have to give the same answer because I think those two samples were run on the same gel that I don't recall the intensity patterns.

397 MR. SCHECK:

Uh-huh. But again--all right. So you wouldn't want to speculate that it would be at most a third?

398 MR. SIMS:

Yes. I would--

399 MR. HARMON:

Objection. That calls for speculation.

400 THE COURT:

Sustained.

401 MR. SCHECK:

All right. Now--

402 MR. SCHECK:

Your Honor, I'd like to mark some photographs right now. Next in order--

403 THE COURT:

I believe 1161.

404 MR. SCHECK:

Yes. Actually what I would like to do is--I made an error.

405 (Brief pause.)
406 THE COURT:

Mr. Scheck, is this going to be a series of photographs?

407 MR. SCHECK:

Yes. Actually, what I'd like to do, your Honor, with your permission--I've shown these to the witness--is--they are photographs that are contained inside plastic and there are markings that are illustrative of them, and I would like to show them to the witness. So that the exhibit would be the photograph inside the plastic with the marking.

408 THE COURT:

All right. Mr. Harmon. Have you looked at the markings?

409 MR. HARMON:

Well, I do have a problem with the markings without a foundation, your Honor.

410 THE COURT:

Let me see counsel without the reporter.

411 (A conference was held at the bench, not reported.)
412 (The following proceedings were held in open court:)
413 THE COURT:

Thank you, counsel. Mr. Scheck.

414 MR. SCHECK:

Yes. Show you--what is this next in order is?

415 THE COURT:

This is 1161.

416 (Deft's 1161 for id = photograph)
417 MR. SCHECK:

Photograph in plastic with markings on it that we'll call 1161.

418 MR. SIMS:

Okay.

419 MR. SCHECK:

Do you recognize that?

420 MR. SIMS:

Well, this appears to be the same glove that I looked at and I would--I'm pretty sure that's Dr. Blake's writing on that photograph to label it.

421 MR. SCHECK:

All right. Does that appear to you to be the cut-out area that you and Dr. Blake identified as being the sample removed from the back of the wrist by the Los Angeles Police Department before you received the glove? And please check it against your diagram.

422 MR. SIMS:

That--that looks very similar to it.

423 MR. SCHECK:

All right. Now, I show you 11--

424 MR. SIMS:

Well, I just wanted to finish by saying, the assumption was made that that cut was caused--was not caused, but it was made by the LAPD. I don't know that independently.

425 MR. SCHECK:

But you received the glove--

426 MR. HARMON:

Your Honor, I object to that, move to strike that. That calls for speculation, your Honor. There's no foundation for that right now.

427 THE COURT:

Sustained. The jury is to disregard that last answer.

428 MR. SCHECK:

You received the glove from the Los Angeles Police Department?

429 MR. SIMS:

Yes.

430 MR. SCHECK:

All right. And when you received it, there was that cut-out?

431 MR. SIMS:

Yes.

432 MR. SCHECK:

And to the best of your knowledge, in looking over the records of this case, no other agency performed any testing or made any cut-outs of the glove before you received it?

433 MR. HARMON:

Objection. Calls for speculation, hearsay, no foundation.

434 THE COURT:

Sustained.

435 MR. SCHECK:

Let me show you what's--

436 MR. SCHECK:

Your Honor, I'll remove LAPD photos?

437 THE COURT:

Well, I think we can--when we put it on the elmo, we can delete the commentary.

438 MR. SCHECK:

All right.

439 THE COURT:

Or you can just use the photograph itself as 1161 without the comment on it.

440 (Deft's 1162 for id = photograph)
441 MR. SCHECK:

All right. Show you what's 1162. Does this photograph--these two photographs in the plastic reflect cut-outs, one, two, three, four, five cut-outs that you observed on the glove prior to your removing anything from it?

442 MR. HARMON:

Objection, your Honor. Calls for speculation, there were cut-outs.

443 THE COURT:

Overruled.

444 MR. SIMS:

Now, again, I do have my own photographs of this item too, but against my drawings within my notes, that appears to be consistent. Yes.

445 MR. SCHECK:

All right. And ask be marked 1163.

446 (Deft's 1163 for id = photograph)
447 MR. SCHECK:

Does that appear to be a--a photograph of the cut-out you made of G10?

448 MR. SIMS:

Yes, it does.

449 MR. SCHECK:

All right. That would be the wrist at the "v" cut-out of the area G10?

450 MR. SIMS:

Yes.

451 MR. SCHECK:

All right. And I'll show you what I would ask to be marked 1164.

452 (Deft's 1164-A for id = photograph)
453 MR. SCHECK:

And this would be a plastic page with two photographs. And would that--does that reflect swabs that you made at the area designated G11 and G12?

454 MR. SIMS:

Yes. These were taken by Dr. Blake. I'm holding the forceps and this is--he wanted to document exactly where we were getting the samples from. So this is him taking a picture of me sampling them.

455 MR. SCHECK:

And finally, on the other side of 1164, I'll call it 1164-B.

456 THE COURT:

No. Just--yeah. 1164-B.

457 (Deft's 1164-B for id = photograph)
458 MR. SCHECK:

There's another two photographs, one of G13 and another of G10, correct?

459 MR. SIMS:

Yes. And also, G14 is on the filter paper.

460 MR. SCHECK:

Right. And that again is you taking the cut-out; is that right?

461 MR. SIMS:

Yes. I was just going to review it against my notes.

462 MR. SCHECK:

Please.

463 THE COURT:

All right. Mr. Scheck, would you mark the front of that 1164-A so that Mrs. Robertson doesn't spend time looking for--

464 MR. SCHECK:

No, no.

465 THE COURT:

All right.

466 MR. SCHECK:

Okay.

467 THE COURT:

Thank you.

468 MR. SCHECK:

So the--let's look at 164-D.

469 THE COURT:

Why don't you lower it down.

470 MR. SCHECK:

Would you mind if I--

471 THE COURT:

Let's just lower it down.

472 (Brief pause.)
473 MR. SCHECK:

Okay. Can you put that up?

474 MR. SCHECK:

We seem to be getting some reflection, but can you--Mr. Sims, if you--look at the lower photograph of 1164-B. Do you see something, initials "CY"?

475 MR. SIMS:

Yes.

476 MR. SCHECK:

And those--

477 THE COURT:

Excuse me. Mr. Scheck, perhaps if we took that out of the plastic. Is that possible? Because the reflection appears to be off the plastic surface.

478 MR. SCHECK:

Well, I understand. The problem is, if we take it out of the plastic, then you lose the markings that indicate where everything is. And I won't be with this long, your Honor.

479 THE COURT:

Well, it's not particularly helpful if the glare is there though.

480 MR. SCHECK:

I understand.

481 MR. SCHECK:

Can you--all right. Looking at this section, do you see the initials "CY"?

482 MR. SIMS:

Yes.

483 MR. SCHECK:

And that is--that was there before you received the glove?

484 MR. SIMS:

Yes, it must have been because it was there when I opened it.

KEY QUOTE
485 MR. SCHECK:

All right. And in the area just below where you took G14--well, in that lower area of the glove, all right?

486 MR. SIMS:

Okay.

487 MR. SCHECK:

Where there's some cut-outs that you saw before you cut anything on the glove.

488 MR. SIMS:

Okay.

489 MR. SCHECK:

Is that true?

490 MR. SIMS:

Yeah. There was--there was that--that prior cutting near G14. Is that--

491 MR. SCHECK:

Yes.

492 MR. SIMS:

Yes.

493 MR. SCHECK:

And the swab that you took on G11, the swab you took on G13 and the cutting you made in G10 are all in that lower area of the glove where you see those initials, some on the front, the swabbings on the outside surface of the glove, the cutting on the inside of the glove?

494 MR. SIMS:

Yes. They're all down in that general area.

495 MR. SCHECK:

And do you know if those initials "CY" stand for Collin Yamauchi, an analyst at the Los Angeles Police Department?

496 MR. HARMON:

Objection. Calls for hearsay, speculation.

497 THE COURT:

Sustained.

498 MR. SCHECK:

Do you have any knowledge of whether or not someone from the Los Angeles Police Department prior to you receiving the glove did manipulations, put on initials, did cut-outs and handled that glove on the morning of June 14th?

499 MR. HARMON:

Objection. Calls for hearsay and speculation. No foundation.

500 THE COURT:

Do you know anything about that?

501 MR. SIMS:

Well, it was my understanding there was some examination of the glove.

502 THE COURT:

Do you know when it was done?

503 MR. SIMS:

I--I believe it was in June. I'm not sure.

504 THE COURT:

Do you have any personal knowledge about any of this?

505 MR. SIMS:

No.

506 THE COURT:

Proceed.

507 MR. SCHECK:

All right. Thank you. Now, Mr. Sims, would the--would it be fair to say that the traces of DNA consistent with the 25 allele in G10, G11 and G13 are all certainly 8 nanograms or less?

508 MR. SIMS:

Well, again, I would defer on that question because I haven't evaluated all those mixtures.

509 MR. SCHECK:

So in other words, to get a more precise proportion, other than the one you said--you said--I think you testified that G10 would be 8 nanograms at most, maybe less?

510 MR. SIMS:

Yeah. Down in that neighborhood.

511 MR. SCHECK:

All right. And you're deferring us to Miss Montgomery with respect to getting a calculation on the other two?

512 MR. SIMS:

Yes. And also, to give you a better idea on that G10 one as well.

513 MR. SCHECK:

Now, let us turn to the sock.

514 MR. SIMS:

Okay.

515 MR. SCHECK:

Every stain that you cut and sampled from that sock, you could see with the naked eye?

516 MR. SIMS:

Under the proper lighting conditions, I could, yes. That's true.

517 MR. SCHECK:

In other words, you could see it with your naked eye, the reddish stain, without the stereomicroscope, every stain that you cut with appropriate lighting?

518 MR. SIMS:

With appropriate lighting, I think that is true.

519 MR. SCHECK:

And a trained forensic scientist with appropriate lighting--withdrawn. Trained forensic scientists will examine pieces of evidence with appropriate lighting.

520 MR. HARMON:

Objection. It's vague. Appropriate for what?

521 THE COURT:

Overruled.

522 MR. SIMS:

Excuse me. I mean, it depends obviously on the type of examination that's being performed. It's hard for me to comment on that. It's sort of a general question.

523 MR. SCHECK:

Well, you have told us about your--you sit on a board that certifies criminalists; do you not?

524 MR. SIMS:

Well, that's beyond what my duties were, but that was part of my duty was to work on the examination, for example.

525 MR. SCHECK:

All right. In your opinion as an expert in criminalistics, are criminalists trained to perform careful visual examination as an appropriate lighting of garments such as a sock that might contain bloodstains?

526 MR. HARMON:

Objection. Beyond the scope of direct.

527 THE COURT:

Overruled.

528 MR. SIMS:

Well, again, it would depend on the type of examination. Sometimes criminalists will screen items very quickly, just take a quick look to see if there's grossly anything noticeable. And then other times, if you're going to do a thorough examination, then I think you're right, that you would want to make sure you have the appropriate lighting.

529 MR. SCHECK:

And when you're trying to examine an item for purposes of determining how much blood would be on it for purposes of DNA testing, you would want to examine that item with some care?

530 MR. SIMS:

Yes.

531 MR. SCHECK:

And when you receive these socks, one of the stains I'm not talking about the larger cut-out area at the ankle, just one of the stains, the first one you saw at the top, you saw that right away with the naked eye, the one near the arrow?

532 MR. SIMS:

Yes. That did catch my eye.

533 MR. SCHECK:

You didn't need a stereomicroscope to see that. You just saw that stain?

534 MR. SIMS:

Yes, I did.

535 MR. SCHECK:

And the cut-out on the sock in the ankle area, the cut-out is about three-quarters of an inch?

536 MR. SIMS:

Approximately, yes.

537 MR. SCHECK:

Would be about the length of my little finger to the joint?

538 MR. SIMS:

Something like that.

539 MR. SCHECK:

And in the area adjoining the cut-out, you could see with your naked eye not under the stereomicroscope a section of reddish material?

540 MR. SIMS:

My initial exam was under the stereomike and I said, "some reddish still here." I don't think--I think that was pretty subtle though around that particular stain.

541 MR. SCHECK:

We're only--but we're--could you?

542 MR. SIMS:

Are you talking about the cut-out area now?

543 MR. SCHECK:

Talking about there's a cut-out area, correct?

544 MR. SIMS:

Yes.

545 MR. SCHECK:

And then that--that we just described as being about three-quarters of an inch?

546 MR. SIMS:

Yes.

547 MR. SCHECK:

And that's material from the sock that's already in a tube?

548 MR. SIMS:

Yes.

549 MR. SCHECK:

That has Mr. And Mrs.--that has Mr. Simpson's initials on it?

550 MR. SIMS:

Yes.

551 MR. SCHECK:

And that material had reddish stains on it when you took it out of the tube that were visible to the naked eye?

552 MR. HARMON:

Objection. That calls for speculation. Misstates his testimony.

553 THE COURT:

Sustained.

554 MR. SCHECK:

When--did you ever take those cuttings out of the tube?

555 MR. SIMS:

Yes.

556 MR. SCHECK:

And when you looked at those cuttings, could you see reddish material with your naked eye?

557 MR. SIMS:

Well, again, my examination notes are, "stereomike exam, reddish staining." that was the--I mean, I--I think if you looked real hard at them, you could probably pick up that there was a little bit of reddish associated with them. But my observation was that I took them over to the microscope right away because I wanted to see if there really was a lot of blood there.

558 MR. SCHECK:

At no point did you ever look at those cut-outs to see whether you could see a reddish stain?

559 MR. HARMON:

Objection. It's vague.

560 THE COURT:

Sustained. How?

561 MR. SCHECK:

This material on the sock is of a synthetic nature?

562 MR. SIMS:

That's what I indicated in my notes, but that was just a gross observation. I didn't actually characterize the fibers.

563 MR. SCHECK:

It's a smooth fabric?

564 MR. SIMS:

Yes.

565 MR. SCHECK:

And the area where--the areas where there is blood on it, the fabric crinkles, it's a little stiffer?

566 MR. SIMS:

It tends to pucker a little bit, yes. I think that's what I noted on some of these.

567 MR. SCHECK:

So that's a smooth synthetic sock, and the area where you observed blood, the stained areas, crinkled and puckered?

568 MR. HARMON:

Objection. Misstates the testimony.

569 THE COURT:

Sustained.

570 MR. SCHECK:

Is it true that in the areas where you observed red stains with your naked eye without the use of a stereomicroscope, you noticed that the fabric of the sock had crinkled and puckered?

571 MR. HARMON:

Objection. Stains, misstates the testimony.

572 THE COURT:

Sustained. Rephrase the question.

573 MR. SCHECK:

The areas of the socks where you observed blood, the naked eye, the fabric, your observation, those areas crinkled and puckered?

574 MR. SIMS:

In some of those areas, yes, I noticed that.

575 MR. SCHECK:

And you told us on direct examination about cut-outs you made from the sock that you put on white paper?

576 MR. SIMS:

Yes.

577 MR. SCHECK:

And you've explained that on that white paper, you could see what you called fibrils?

578 MR. SIMS:

Yes.

579 MR. SCHECK:

And you also could see without the aid of a stereomicroscope powdering, reddish powdering?

580 MR. SIMS:

Yes. There was some very minute specks of powdering.

581 MR. SCHECK:

And that's putting it on a white piece of paper?

582 MR. SIMS:

Yes.

583 MR. SCHECK:

All right. And when forensic scientists are examining an item, is it not their practice ordinarily to put that item they're examining, searching for blood on a white or a light colored piece of paper?

584 MR. SIMS:

That's typical. It's not always done, but it's typical. Sometimes we would use brown paper, for example.

585 MR. SCHECK:

And with care, you would manipulate the item and turn it over on sides?

586 MR. SIMS:

Yes.

587 MR. SCHECK:

All right. And it is standard practice for forensic scientists to examine any debris or powdering that you might find on such a paper?

588 MR. SIMS:

Well, now, again, you're talking about the debris. The debris comes about from the cutting process.

589 MR. SCHECK:

Well, the debris that you saw, you explained to us some of it were fibrils that you believe came from the cutting process.

590 MR. SIMS:

Yes.

591 MR. SCHECK:

All right. I'm talking about a situation before you do cutting, when you're examining an item.

592 MR. SIMS:

Yes.

593 MR. SCHECK:

And you've indicated that forensic scientists will put this on white pieces of paper.

594 MR. SIMS:

Yes.

595 MR. SCHECK:

And you will examine it.

596 MR. SIMS:

Yes.

597 MR. SCHECK:

And you will search it for bloodstains.

598 MR. SIMS:

Yes.

599 MR. SCHECK:

And you will be turning it over.

600 MR. SIMS:

Yes.

601 MR. SCHECK:

And you'll do that with some care.

602 MR. SIMS:

Yes.

603 MR. SCHECK:

And it is standard practice after you do that to look on the piece of paper to see if you see any kind of powdering or residue from the item you've examined?

604 MR. SIMS:

Well, I don't know that that's standard practice to look at that residue. One may look at it, for example, trace evidence.

605 MR. SCHECK:

For trace evidence?

606 MR. SIMS:

That would be standard practice, yes.

607 MR. SCHECK:

And even from the sections that you cut in your laboratory in terms of the reddish powder, do you have an expectation that if you did a presumptive test just on the powder of the white piece of paper, you would have been able to get a positive presumptive?

608 MR. HARMON:

Objection. Calls for speculation.

609 THE COURT:

Sustained.

610 MR. SCHECK:

Mr. Sims, you are not part of any conspiracy to tamper with evidence in this case, are you?

611 MR. SIMS:

No. No, I'm not.

612 MR. SCHECK:

To your knowledge, Dr. Cotton from cellmark is not part of any conspiracy to tamper with evidence in this case?

613 MR. HARMON:

Objection. Irrelevant, calls for speculation.

614 THE COURT:

Overruled.

615 MR. SIMS:

No, I don't believe she is.

616 MR. SCHECK:

But, Mr. Sims, as you sit here today, you don't know how and you don't know when that blood got on the sock, do you?

617 MR. HARMON:

Objection. That's argumentative.

618 THE COURT:

Rephrase the question.

619 MR. SCHECK:

Do you know from your own personal knowledge how and when that blood got on the sock?

620 MR. SIMS:

No.

621 MR. SCHECK:

And that section of the sock you made--withdrawn. The middle cut-out of the sock, you had--you took four swatches?

622 MR. SIMS:

There were four. I took three.

623 MR. SCHECK:

You took three?

624 MR. SIMS:

Yes.

625 MR. SCHECK:

And out of those three, when you quantitated the DNA, you got 1,350 nanograms of DNA from the three swatches?

626 MR. SIMS:

Something like that. It was--it was a strong deposit of blood and a lot of DNA.

627 MR. SCHECK:

And you would expect that there would be more--there would be additional DNA on the other swatch that you haven't tested?

628 MR. SIMS:

Yes.

629 MR. SCHECK:

And you would expect there would be DNA on the section that Greg Matheson tested?

630 MR. SIMS:

Yes.

631 MR. SCHECK:

And there is yet additional DNA on a session near the cut-out of the sock that you did not even cut?

632 MR. SIMS:

Yes. I could see that there was still some reddish staining around the edges of the cut-out.

633 MR. SCHECK:

And would it be fair to estimate in your opinion that if you start from the area of the sock on the ankle, that from where you can see blood, right, to the end of the cut-out, right?

634 MR. SIMS:

Okay.

635 MR. SCHECK:

Cut-out area, that if you had to make an estimate of the amount of DNA in that spot, it would be in the area of 2- to 3,000 nanograms?

636 MR. HARMON:

Objection. Calls for speculation.

637 THE COURT:

Sustained.

638 MR. SCHECK:

Your Honor, I think it's an appropriate time to stop.

639 THE COURT:

All right. All right. Ladies and gentlemen, we are going to take our recess for the morning session. Please remember all of my admonitions; do not discuss the case amongst yourselves, don't form any opinions about the case, don't allow anybody to communicate with you, don't allow--don't conduct any deliberations until the matter has been submitted to you. As far as the jury is concerned, we'll stand in recess until 9:00 A.M. Monday morning. Mr. Sims, Monday, 8:45. All right. You may step down. Have a nice weekend.

640 MR. SIMS:

Thank you.

641 THE COURT:

All right. Ladies and gentlemen of the jury, have a pleasant weekend. Just for your information, we will be working on this case and other cases this afternoon. So we're just taking a lunch break. All right? You all have a nice weekend. All right. We'll stand in recess, 1:30.

Temperature

tense

Key Quotes (5)

Barry Scheck
1--only 100 out of those 4 billion 290 million fragments being transferred to another tube would cause a 1.3 contaminant on a strip?
Establishes the extreme sensitivity of PCR as a contamination vector — a cornerstone of the defense's evidence-handling attack
Gary Sims
From the areas that I sampled, I mean, there's a great deal of mixing going on, but--but overall, from the areas that I sampled, I would say yes, Mr. Goldman's types were predominant in those areas.
Concession that Goldman's DNA dominated the glove, undermining its value as evidence placing Simpson at the scene
Barry Scheck
You found no trace of DNA consistent with Mr. Simpson in G1, the index finger? ... G2, the middle finger? ... the ring finger? ... G4, the back of the hand? ... G14, the bottom of the glove?
Methodical point-by-point demonstration that Simpson's DNA was absent from five of the eight sampled glove areas
Gary Sims
We are probably overboard on that matter, but I--we think it's a good idea because that paper may have been, for example, on a lab bench in the PCR room.
Sims describing his own lab's UV decontamination of paper notes — used by Scheck to contrast with the LAPD's far less rigorous protocols
Gary Sims
Yes, it must have been because it was there when I opened it.
Confirms that the initials 'CY' (Collin Yamauchi, LAPD) were already on the glove before Sims received it, establishing prior LAPD handling

Evidence (10)

People's 272-A
Photograph of the Rockingham glove (inside out) with sample locations marked
discussed extensively, used to map DNA sample locations G1-G14
People's 272-B
Companion board to 272-A with glove diagram
referenced; court required both boards displayed together per prior agreement
Defense 1133
Chart illustrating PCR amplification cycles and fragment counts
used as demonstrative for contamination risk argument
Defense 1161
Photograph in plastic showing cut-out area on glove attributed to LAPD pre-examination
introduced; witness identified it as consistent with his own diagram
Defense 1162
Photographs showing five pre-existing cut-outs on glove before Sims made any cuttings
introduced and confirmed by witness
Defense 1163
Photograph of cut-out area G10 (wrist 'V' area)
introduced and confirmed by witness
+ 4 more

Notable Exchanges (5)

Barry ScheckGary Sims
Extended PCR contamination sequence where Scheck walked Sims through the entire contamination pathway — aerosol from a popped tube, onto a glove, onto a rim, into a second tube — establishing that only 100 of 4.29 billion invisible fragments could cause a false typing result
strategic
Barry ScheckGary Sims
Sims described UV-irradiating both sides of paper notes in a 'straddle linker' before removing them from the PCR product room; Scheck used this to highlight the contrast with LAPD's handling practices
revealing
Barry ScheckGary Sims
Scheck methodically listed all five glove sample sites where no Simpson DNA was found (G1, G2, G3, G4, G14), then established the three where trace 25-allele was found (G10, G11, G13) were all in the same lower area of the glove near the 'CY' initials and pre-existing LAPD cut-outs
devastating
Barry ScheckGary SimsRockne Harmon
Scheck attempted to establish that forensic labs adopted PCR from clinical medicine, and that UNG enzyme is widely used in clinical labs. Harmon's sustained objections blocked the clinical comparison, limiting Scheck to the forensic lab context only.
strategic
Barry ScheckGary Sims
Scheck pressed Sims on whether the 25-allele contribution in G10 was at most 8 nanograms (~20% of 44ng), and deferred G11 and G13 proportions to specialist Renee Montgomery, establishing the traces were quantitatively minimal
strategic

Light Moments (4)

Lance A. Ito
Judge Ito interrupted Scheck mid-sentence to announce exhibit number 1133, then simply said 'Proceed'
Gary Sims
Scheck and Sims had a brief collaborative moment spelling out 'Uracil N-Glycolase' together, with Sims unsure whether it ended in '-ase' or '-ol's'
Lance A. Ito
Court required both glove boards (272-A and 272-B) to be displayed together per prior agreement; Ito reminded Scheck: 'Deal's a deal.'
Lance A. Ito
Ito asked Scheck to spell 'orthotolidine' for the court reporter mid-testimony

Credibility Attacks (2)

⚔ LAPD / Collin Yamauchi
physical evidence — prior handling
Scheck established that the initials 'CY' and multiple pre-existing cut-outs appeared on the Rockingham glove before Sims received it, implying LAPD analysts handled and cut the glove in ways undisclosed or undocumented; the three areas where trace Simpson DNA was found (G10, G11, G13) were all clustered near these pre-existing LAPD markings
⚔ Gary Sims / DOJ lab
comparative standards
Scheck used Sims's own meticulous protocols (UV irradiation of paper, dedicated tools, one-way workflow, never removing PCR product) to implicitly attack the LAPD lab's handling, and to establish that Sims himself would never do what LAPD apparently did (transporting PCR product between labs)

Witness Demeanor

(Brief pause.) — multiple instances while Sims checked notes for dates, nanogram amounts, and sample locations
Sims asked to step down from the stand to point to glove diagram on easel
Sims self-corrected and qualified answers frequently ('I'm struggling with that one,' 'I don't recall that particular gel')
Sims volunteered unsolicited clarifications that were occasionally struck (attribution of pre-existing glove cut to LAPD)

Objections

28 objections (13 sustained, 7 overruled)
Proceeding 6119 • 641 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAY 19, 1995 📄 Cross-examination of Gary Sims
MAY 19, 1995 KRT DvH TD