📄 Direct examination of Renee Montgomery (part 2) — Tuesday, May 23, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\23\DIRECT-EXAMINATION-OF-RENEE-MO.DOC
TRIAL
▲ Day 80 of 167

Direct examination of Renee Montgomery (part 2)

Witness: Renee Montgomery
Examiner: Rockne Harmon
Called by: Prosecution • Date: Tuesday, May 23, 1995 • Utterances: 76
DNA analyst Renee Montgomery continued her direct examination, walking the jury through D1S80 PCR results from four Bronco samples. Key findings: Items 30 and 31 (center console) showed a 24/25 allele pattern consistent with OJ Simpson and could not exclude a mixture with Goldman; Item 293 (driver's side carpet) showed a single 18 allele consistent only with Nicole Brown; Item 305 showed a three-band mixture (24, 25, 18) consistent with all three individuals — Simpson, Goldman, and Brown.
1 (The following proceedings were held in open court:)
2 THE COURT:

And, Mr. Harmon, 10:30. All right. Madam reporter, you set?

3 THE COURT REPORTER:

Yes.

4 THE COURT:

All right. Mr. Harmon.

5 MR. HARMON:

Thank you, your Honor. Could we have the Bronco photo and result board up there next?

6 THE COURT:

I'm sorry, Mr. Harmon. Are you going to do the Bundy--

7 MR. HARMON:

Oh. Item 48, 47 and 50. Could we change boards now, Mr. Fairtlough, to the Bronco photo and result board, exhibits 172 and 260? And I'd like to have marked as 275-D, copy of gel AG174.

8 THE COURT:

275-D as in David?

9 MR. HARMON:

Yes, your Honor.

10 MR. HARMON:

While we're getting the board set up, could you describe the samples that are on 275-D, which is your AG174?

11 (Peo's 275-D(1) for id = photograph)
12 MS. MONTGOMERY:

Yes. These are, once again, the reference samples from three individuals, O.J. Simpson being a 24, 25, Ronald Goldman being a 24 homozygote and Nicole Brown being an 18, 18, an 18 homozygote.

13 MR. HARMON:

Okay. And now, do we lose a little fidelity when we project these copies up on the screen?

14 MS. MONTGOMERY:

Yes, we do.

15 MR. HARMON:

Okay. How do you visualize these things when you're looking for them for the first time to interpret them and write the report?

16 MS. MONTGOMERY:

I look at the actual gel after it's been dried down and I do my interpretation based on--or I write the results that I see at the time on a run sheet and then also a second reader reads those gels. That can be done at a different--or later date though. These are blue copies. And first of all, the blue copy is--represents what the actual gel--what was present on the actual gel. But when you project it up here, you tend to lose--it's not as sharp and it's not as dark. But I think when you see these printouts, you'll be able to see it.

17 MR. HARMON:

Okay. And you have the three reference samples run again?

18 MS. MONTGOMERY:

Yes.

19 MR. HARMON:

They produce the same results?

20 MS. MONTGOMERY:

Yes.

21 MR. HARMON:

Okay. Item no. 30, which was taken from the Bronco center console, could you tell us what results you obtained from that sample?

22 MS. MONTGOMERY:

Yes. A 24 allele and a 25 allele. And you can see it right (Indicating).

23 MR. HARMON:

And you're marking them with the pink arrows?

24 MS. MONTGOMERY:

Yes.

25 MR. HARMON:

Okay.

26 (Witness complies.)
27 MR. HARMON:

They're red arrows?

28 MS. MONTGOMERY:

Red arrows.

29 MR. HARMON:

Okay. And what about Bronco 31, the other center console sample that was provided to you? What results or what bands did you see there?

30 MS. MONTGOMERY:

On D1S80, a 24 band and also the 25.

31 MR. HARMON:

Now, what conclusion can you reach on the 24, 25 with respect to the possibility there's a mixture there?

32 MS. MONTGOMERY:

Well, the interpretation had to be based also on the results of the DQ-Alpha. And by looking at the DQ-Alpha results in conjunction with these D1S80 results, it was determined it was a mixture. By just looking at the D1S80 results alone, mixture can't be determined.

33 MR. HARMON:

Okay. But if there were a mixture of Mr. Simpson and Mr. Goldberg, would it look just like what you see in 31, the console stain?

34 MS. MONTGOMERY:

Yes. Neither of them could be eliminated from these samples.

35 MR. HARMON:

Because they share a 24 allele?

36 MS. MONTGOMERY:

Correct.

37 MR. HARMON:

Okay. Why don't you move on to Bronco 293, which was from the driver's side carpet? Can you tell us what results you obtained from that sample?

38 MS. MONTGOMERY:

Okay. On this sample, there's a single-banded pattern, and it's an 18.

KEY QUOTE
39 MR. HARMON:

Okay. And who was that consistent with? Could we make that 18 a different color if you would?

40 MS. MONTGOMERY:

Sure (Witness complies).

41 MR. HARMON:

We've now switched over to green?

42 MS. MONTGOMERY:

Green.

43 MR. HARMON:

And you're going to put a green arrow by the 18 allele?

44 MS. MONTGOMERY:

Yes.

45 MR. HARMON:

And who is that consistent with?

46 MS. MONTGOMERY:

That's consistent with Nicole Brown.

47 MR. HARMON:

And is it inconsistent with Mr. Simpson and Mr. Goldberg?

48 MS. MONTGOMERY:

Yes, it is.

49 MR. HARMON:

Could you put a green arrow over there by Nicole Brown's single-banded pattern from her reference sample?

50 (Witness complies.)
51 MR. HARMON:

And 305, could you first describe what's in 305? And then we'll try to mark it.

52 MS. MONTGOMERY:

Okay. 305 is a mixture and there are three bands present, the 24, the 25 and an 18.

53 MR. HARMON:

Okay.

54 MS. MONTGOMERY:

And--

55 MR. HARMON:

I'm sorry.

56 MS. MONTGOMERY:

It's slightly difficult to see that 18 from here. But when you see the actual blue copy, you'll be able to visualize it.

57 MR. HARMON:

Okay. Could you put a green arrow down by the 18 in sample 305, the Bronco sample 305?

58 (Witness complies.)
59 MR. HARMON:

And then--and then--and then let's go back--let's go back to the red 24, 25 bands that you saw.

60 MS. MONTGOMERY:

Okay. And there's a 24 and the 25 (Indicating).

61 MR. HARMON:

Okay. And you've marked 24 and 25. Now, you said we know that's a mixture. How do you know that?

62 MS. MONTGOMERY:

You know it's a mixture because there are more than two bands present. There are three bands present in that sample, a 24, a 25 and also the 18. And also, the relative intensities of the band. The 18 allele's much weaker than the 24 and 25 alleles.

KEY QUOTE
63 MR. HARMON:

And what's the significance of that?

64 MS. MONTGOMERY:

It shows that the 18 is a minor contribution in that sample.

65 MR. HARMON:

Could you explain a little bit better what that means?

66 MS. MONTGOMERY:

Yes. It means the amount of the 18 allele is less than the amount of the 24 allele or the 25 allele.

67 MR. HARMON:

And is there something about the way this whole kit is designed that will help you when you see something faint like that interpret it?

68 MS. MONTGOMERY:

Yeah. Both the kit and also the in-laboratory evaluation that the Department of Justice did for D1S80, we optimize the system so when you have a neat bloodstain, meaning a--or DNA, a sample from one individual, that you'll get equal intensity of the two--the two bands. So in this case, what you could see is, there's not equal intensity of those bands and there's a weaker component down there at the 18.

69 MR. HARMON:

And are the results that you produced for 305 based on D1S80 alone, are they consistent with a mixture from the three reference samples in this case, Mr. Simpson, Mr. Brown and--Mr. Goldman and Miss Brown?

70 MS. MONTGOMERY:

Yes. None--those--neither or none of those individuals can be excluded as a possible source of the DNA in the Bronco stain, no. 305.

KEY QUOTE
71 MR. HARMON:

And the DQ-Alpha results also contribute more information to that mixture; is that true?

72 MS. MONTGOMERY:

Yes.

73 MR. HARMON:

And that they're still consistent with that mixture?

74 MS. MONTGOMERY:

Correct.

75 MR. HARMON:

Your Honor, I can move to another one or I can stop now.

76 THE COURT:

All right. Tell you what. Let's take our break five minutes early because we'll have to do another set of exhibits here. Ladies and gentlemen, please remember all of my admonitions; don't discuss this case amongst yourselves, don't form any opinions about the case, don't conduct any deliberations until the matter has been submitted to you. Also, do not allow anyone to communicate with you with regard to the case. And we'll take a break for about 15 minutes. All right. We'll stand in recess.

Temperature

procedural

Key Quotes (4)

Ms. Montgomery
On this sample, there's a single-banded pattern, and it's an 18... That's consistent with Nicole Brown... Yes, it is [inconsistent with Mr. Simpson and Mr. Goldberg].
Places Nicole Brown's DNA specifically on the driver's side carpet of Simpson's Bronco.
Ms. Montgomery
You know it's a mixture because there are more than two bands present. There are three bands present in that sample, a 24, a 25 and also the 18.
Core scientific explanation for why Item 305 is a three-person mixture — foundational to the prosecution's narrative.
Ms. Montgomery
Neither or none of those individuals can be excluded as a possible source of the DNA in the Bronco stain, no. 305.
Establishes that the DNA of all three victims/suspect is present in a single Bronco sample.
Ms. Montgomery
The 18 allele is much weaker than the 24 and 25 alleles... It means the amount of the 18 allele is less than the amount of the 24 allele or the 25 allele.
Explains that Nicole Brown is a minor contributor to the mixture, suggesting less of her blood was present.

Evidence (6)

People's 275-D
Blue copy photograph of gel AG174 showing D1S80 reference samples for Simpson (24/25), Goldman (24 homozygote), and Nicole Brown (18/18 homozygote)
marked and introduced
People's 172 and 260
Bronco photo and DNA result board
displayed to jury
Informal
Item 30 — Bronco center console sample; D1S80 result: 24 and 25 alleles
discussed
Informal
Item 31 — second Bronco center console sample; D1S80 result: 24 and 25 alleles, determined to be a mixture via DQ-Alpha
discussed
Informal
Item 293 — Bronco driver's side carpet; D1S80 result: single 18 band, consistent with Nicole Brown only
discussed
Informal
Item 305 — Bronco sample; D1S80 result: three-band mixture (24, 25, 18), consistent with Simpson, Goldman, and Brown
discussed

Notable Exchanges (2)

Rockne HarmonMs. Montgomery
Methodical walk-through of how band intensities in Item 305 reveal a three-person mixture, with Harmon asking follow-up questions to help the jury understand that the fainter 18 band indicates Nicole Brown is a minor contributor.
strategic
Rockne HarmonMs. Montgomery
Harmon repeatedly misstates Ronald Goldman's name as 'Mr. Goldberg' throughout the examination; Montgomery does not correct him.
procedural

Light Moments (1)

Ms. Montgomery
Harmon asks Montgomery to mark bands with 'pink arrows,' she corrects him that they are red arrows.

Witness Demeanor

(Witness complies.) — repeated multiple times when marking bands on the board
(Indicating) — used when pointing to specific bands on the gel display

Objections

None recorded
Proceeding 6146 • 76 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAY 23, 1995 📄 Direct examination of Renee Mo
MAY 23, 1995 KRT DvH TD