📂 Monday, May 22, 1995 — Day 79
◀ Criminal Trial
📅 Monday, May 22, 1995 16 proceedings 2703 lines
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C:\DEPT103\CRIMINAL\1995\MAY\22
TRIAL
▲ Day 79 of 167

Day 79 — Monday, May 22, 1995

DNA Battle Rages as Defense Challenges Evidence Integrity
Judge Lance A. Ito • Criminal Trial • 16 proceedings • 2703 lines
tense

Day 79 featured intensive cross-examination and redirect of DOJ DNA analyst Gary Sims on the core DNA evidence from the Bronco and Bundy locations. Barry Scheck systematically attacked the DNA evidence, establishing that Bronco samples showed dramatic increases in DNA content over time, which he used to suggest contamination or tampering, that the socks contained enormous DNA quantities, and that the DQ-Alpha typing had procedural irregularities that could indicate cross-contamination. Rockne Harmon conducted extended redirect examination, walking Sims through DQ-Alpha and D1S80 results, questioning whether charts and hypotheticals omitted additional test data, and eliciting testimony about the lab's controls and methodology. The day featured a technical but high-stakes battle over the reliability and integrity of the prosecution's DNA evidence.

  • Scheck establishes that Bronco samples collected Sept 1 contained dramatically more DNA than the same areas collected June 14 (40.5 ng vs 2.6 ng), which he used to suggest contamination or tampering
  • Scheck attacks DQ-Alpha typing of stain 31 for having a questionable 1.3 allele dot that per protocol should have triggered reanalysis
  • Using a 37-combination genotype chart, Scheck demonstrates only 2 of 37 possible combinations in Bronco stain 303 include both victims' DNA together
  • Scheck shows that 27-36% of the general population cannot be excluded as source of key allele on steering wheel stain
  • Harmon redirects Sims through DQ-Alpha and D1S80 results, asking whether defense charts and hypotheticals omitted additional test data and questioning him about controls
  • Rehybridization of Bundy item 52 confirmed Sims' original 1.1, 1.2 call, according to prosecution testimony
  • Sidebar dispute arises over whether redirect can include rear gate stain evidence using EAP/PGM markers; Ito allows limited redirect but signals no broader retrial
Day 79 • 16 proceedings • 2703 lines
Criminal Trial
Department 103
📂 Day 79 — MAY 22, 1995
MAY 22, 1995