DNA evidence chart exhibit

📄 DNA evidence chart exhibit — Friday, May 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\19\DNA-EVIDENCE-CHART-EXHIBIT.DOC

TRIAL

▲ Day 78 of 167

◀ Cross-examination of Gary Sims (part 2) Cross-examination of Gary Sims (part 3) ▶

Date: Friday, May 19, 1995 • Utterances: 20

Defense attorney Barry Scheck seeks to introduce a chart summarizing DNA statistics from the previous day's hypothetical testimony. Prosecutor Rockne Harmon objects that the chart misrepresents the record — particularly a figure of '52' he claims is distorted — and argues the jury should not see it until he can rebut the underlying assumptions. Judge Ito overrules the objection but acknowledges Harmon will have pointed cross-examination questions.

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

# 2 THE COURT:

Mr. Scheck.

# 3 MR. SCHECK:

Yes. We have another chart I just showed Mr. Harmon.

# 4 (Brief pause.)

# 5 MR. SCHECK:

My proposal is just to show him this, that is the numbers he testified to, and introduce it and move on.

# 6 THE COURT:

Mr. Harmon.

# 7 MR. HARMON:

You know, the one that jumps out as being grossly perverted is 52. Robin Cotton, as I recall, said 25 to 60. So--I mean--

KEY QUOTE

# 8 MR. SCHECK:

Just his answers to my hypothetical based on his--

# 9 MR. HARMON:

You know, remember, mine are better late than never yesterday, your Honor. That hypothetical was based on a lot of things that have no resemblance to reality, including 52. I mean, that is the state of the record with respect to cellmark. So--and that points out why these argumentative distortions of what's been presented here--they may be great for Mr. Cochran's closing argument, but even at that point, I think you'd look at them with a dim view, and I hope you would anyway.

# 10 MR. SCHECK:

Your Honor, this is--this is just a straightforward clear simple graphic of what the testimony was yesterday based on--

# 11 THE COURT:

Aren't computers wonderful?

KEY QUOTE

# 12 MR. SCHECK:

They are.

# 13 THE COURT:

All right. I'll overrule the previous objections. However, I anticipate five or six rather pointed questions from Mr. Harmon regarding the underlying assumptions.

# 14 MR. SCHECK:

I do too.

# 15 THE COURT:

All right. Okay. Let's proceed. Let's have the jury, please.

# 16 MR. HARMON:

Your Honor, could I just comment? If you have those questions about the legitimacy of the assumptions, then why don't you defer on letting the jury see this rather than seeing it, and then let me straighten it out next Wednesday or Thursday. That I thought we were keeping them from being misled.

# 17 THE COURT:

Well, counsel, you know, in looking at all of this, the issue is whether or not it would be misleading. Under the hypothetical that Mr. Scheck--and with his assumptions, it was an appropriate hypothetical question. However, I suspect that you will be able to come back and counter some of those assumptions. And I have already instructed the jury regarding the assumptions made on hypothetical questions. Let's proceed.

# 18 MR. HARMON:

Could you instruct them again, your Honor, before we actually show them a manifestation of a--

# 19 THE COURT:

I'm not going to pinpoint instructions for either party at any particular time.

KEY QUOTE

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

Temperature

tense

Key Quotes (4)

Rockne Harmon

the one that jumps out as being grossly perverted is 52. Robin Cotton, as I recall, said 25 to 60.

Harmon challenges the factual basis of the chart's key number, arguing it distorts Cellmark analyst Robin Cotton's actual testimony range.

Rockne Harmon

they may be great for Mr. Cochran's closing argument, but even at that point, I think you'd look at them with a dim view

Harmon characterizes the chart as advocacy dressed up as evidence, previewing his framing of defense DNA arguments as distortions.

Lance A. Ito

Aren't computers wonderful?

Ito's dry aside signals mild skepticism about the chart while still allowing it in.

Lance A. Ito

I'm not going to pinpoint instructions for either party at any particular time.

Ito refuses Harmon's last-ditch request for a jury instruction immediately before showing the chart, keeping the playing field level.

Evidence (1)

Informal

Defense chart summarizing DNA statistical figures from Scheck's hypothetical questions to a witness the previous day

proposed for introduction; admitted over objection

Notable Exchanges (2)

Rockne Harmon•Lance A. Ito

Harmon argues the jury should not see the chart until he can rebut its assumptions the following week; Ito declines to delay and also declines to give a pinpoint instruction before showing it.

strategic

Barry Scheck•Rockne Harmon

Harmon accuses the chart of 'argumentative distortions' tied to Cochran's closing argument strategy; Scheck insists it is a straightforward graphic of yesterday's testimony.

heated

Light Moments (1)

Lance A. Ito

Judge Ito quips 'Aren't computers wonderful?' when Scheck presents the computer-generated chart.

Credibility Attacks (1)

⚔ defense DNA hypothetical (indirect attack on Scheck's framing)

factual challenge to underlying assumptions

Harmon argues the figure '52' in the chart has 'no resemblance to reality' compared to Robin Cotton's actual testimony range of 25 to 60, framing the chart as a misleading advocacy tool.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 6118 • 20 utterances

Criminal Trial

Department 103