Thank you, your Honor. Ladies and gentlemen.

DIRECT EXAMINATION BY MR. HARMON

Mr. Yamauchi, who do you work for now?

The Los Angeles Police Department.

In what capacity?

I'm a criminalist.

How long have you worked for the Los Angeles Police Department as a criminalist?

For five years now.

Okay. What are your present duties?

I'm assigned to the serology unit.

Could you describe what that entails?

Serology is the unit that specializes in body fluids, most commonly blood and those found in sexual assaults.

How long have you been assigned to the serology unit?

I've been the whole time that I have been at LAPD in the serology unit.

For five years? Do you presently perform a form of DNA typing on forensic samples?

Yes.

What kind of test do you perform?

The PCR DQ-Alpha.

And prior to using PCR DQ-Alpha did you also perform other forms of serological testing?

Yes, I did. I did conventional serology.

And do you do that to this date as well as the PCR DQ-Alpha?

You mean simultaneously?

Who, not simultaneously. Are you also performing conventional serology on evidence to this date?

Well, once in a while, yes.

Let's go back, if you will, to your undergraduate education. Do you have an undergraduate degree?

Yes, I do.

Where did you obtain that?

From the California State University Long Beach.

What year?

I graduated in `86.

Okay. And could you describe your major?

My major is in biology.

And let's talk about your undergraduate education for a bit. Okay? And specifically I would like to briefly discuss or describe the kind of courses that you took to obtain the degree in biology that relate in some way to the forensic DNA typing and conventional serology that you perform on evidence samples. Would you do that?

Umm, oh, just list off courses that I have taken?

Sure.

Pertinent to--okay. Cellular biology, that would deal with molecular components of the cell, and talk about the genetics also. I have also taken genetics, and there is a number of battery of courses that--well, right now offhand I can't remember them all.

Okay. After you graduated from college, what did you do?

I worked three and a half years at ICN Radiochemicals.

What sorts of jobs did you perform there?

I was a quality control chemist.

Can you describe what that entails?

By--that entails analyzing chemicals for Radiochemicals and chemical purity. These chemicals are often used in, for example, DNA research. There would be the radioactive probes, the components of that, that people use in even like RFLP research and things like that.

And what sorts of actual--can you describe the actual hands-on work that you did when you were working there?

Well, it is technical, but I can name names. Some of the things I did was nick translation and random primer labeling--

I'm sorry--

--as well--

--did you finish?

Well, no. That is fine.

Do you wear gloves?

Well, when you are working with radiation it is very important to wear gloves and you have to wear gloves and change them constantly.

Wear a lab coat?

Yes.

Have to be careful about what you touched?

Definitely.

At some point when you worked at ICN did you take some molecular classes at Bethesda research laboratories?

Yes, I did.

Could you describe those classes, please?

Back then I took a class, it had to do with molecular cleaning, which was kind of a process that is used to make more DNA that they were more used to using back in the past before PCR really got its start.

Did you have to wear gloves with that?

Yes.

And be careful?

Of course.

What did you have to be careful about when you were doing those sorts of jobs or assignments?

Well, in a different way, when working with radios, you don't want to contamination yourself, obviously, but you can also cross-contaminate the different types of chemicals that you are working with, so to a certain extent both names are very important as far as wearing gloves and keeping good solid practices and procedures.

Okay. You mentioned the term cross-contamination. You know we are going to be talking about that quite a bit, so that is something that is not unique to the forensic application of DNA typing?

No, it is not.

That is a standard laboratory practice in your career before you joined the police department?

As far as wearing gloves and changing them, yes.

And being careful?

Yes.

Okay. When did you actually join the Los Angeles Police Department, do you recall the month and the year?

And I believe 1990.

Okay. And after you joined the police department did you continue to take courses in your area of interest?

Yes, I did.

Both through the police department and elsewhere?

Well, they were all through the police department or through the lab, yeah.

Okay. Why don't you describe some of them.

Umm, well, could I refer to my CV?

Sure. While you are looking that up, you are not a peace officer; is that right?

No, I'm a civilian.

Okay.

Mr. Scheck, do you have a copy of the CV?

Perhaps not the latest version.

Mr. Scheck, do you want to just take a look at what Mr. Yamauchi has.

Yes. Thank you very much.

All right. Mr. Harmon.

Thank you, your Honor.

Could you, from the earliest to the most recent, could you describe the kind of courses which lend themselves to the expertise that you have in the area of forensic DNA typing as well as conventional serology?

Objection. Assumes a fact not in evidence yet.

Overruled.

Okay. I started out, umm, taking a forensic serology class in May of 1990 and that was at the California Criminalistics Institute in Sacramento, California. That is a part of the Department of Justice. And, umm, in July of 1991 I had a zone electrophoresis class also at the California Criminalistics Institute up at the DOJ. I have--I have been to a crime scene investigation class also through the California Criminalistics Institute and I have received training at a place called AGTC in Denver, Colorado, for immunoglobulin allotyping training.

Could you describe what that is, just briefly?

That--that is--that is kind of a fancy name for something that is very similar to the ABO system, except it gives you more information.

An AGTC, is that a private laboratory that regularly conducts training sessions?

Yes. As far as I know, yes.

Okay. Go ahead. I didn't mean to interrupt you.

And in September of `91 to January of `92 I took a class through I believe it was Cal State Fullerton and it was held at the Orange County Sheriff's crime laboratory and that dealt with the forensic application of molecular biology.

Okay. Now, is that the first forensic class that you took with respect to DNA typing?

Forensic? Yes--yeah, I believe so.

And the Orange County crime lab has their own DNA lab; is that correct?

Yes, they do.

Are those the people that conducted the class?

No. This was held by a professor from California State Fullerton.

Okay. Do you recall whose name--what his name was?

I believe Frommson.

Okay. Why don't you take up from there then, the next classes that you took.

In--well, actually in January of `92 I had an isoelectric focusing class also at the California Criminalistics Institute, and in August of `93 I went to forensic PCR amplification training workshop and that is put on by Roche molecular systems who had the patent and they still do have the patent on PCR.

Are they the ones that have developed, manufactured and produced the kits that are used for PCR DQ-Alpha typing?

Yes.

Where was that course conducted?

Umm, that was at Alameda, California, at that time.

Okay. How many hours did that class or did that class consist of?

About 64.

And did you get any sort of credits for that?

There was a certification of completion, yes.

So you got some sort of certificate?

Yes.

Did that entail hands-on work?

Yes, it did.

Can you describe that, please?

Well, we went through the PCR process with DQ-Alpha, as well as other markers which I--I don't do yet, but we are working on getting that on line, and that would be D1S80, which was discussed earlier, and also the polymarker system.

Who are the instructors in that course?

Well, we had Henry Erlich talked for a while, we had Jennifer Mihalovich from Ed Blake's lab came and talked, Judy Allen I believe is her name was the coordinator of the class. And let's see. Brian Wraxall I believe was there to talk for a little while at the end also.

Okay. How many students were in the group?

Somewhere between 15 and 20.

And were these people from all over the country?

Yes.

Did you have to take any sort of exam? You mentioned you got a certificate. Was there an exam involved, too?

I believe there was.

Okay. Do you continue to keep abreast of developments in forensic DNA typing as well as forensic--forensic serology?

Yes. I'm a member of the California association of criminalists, and one of the things that they have associated with that are monthly study group meetings and I try to attend those as much as possible.

Okay. Do you also read scientific literature in the areas that you are interested in?

As far as pertaining to the case work I do.

Sure.

Of course, yeah.

What journals do you read?

Well, there is a number of them. Just--specifically?

Sure.

Well, I have read articles pertaining directly to the PCR process. I can't remember all the names and the titles and the abstracts and that.

When did you first become exposed to PCR DQ-Alpha typing at the Los Angeles Police Department lab?

First become exposed?

Yes.

Could you clarify that?

When did you first become aware that the--that the laboratory was going to do PCR DQ-Alpha typing?

Well, from the day I started there was talk as to implementation of the DNA technologies and at first they were talking about RFLP and that was what was of interest. And later on, as the PCR technology developed and it seemed more feasible, that was talked about more and more.

And that is about the same time you started taking the classes that had to do with PCR typing?

I believe they were talking about it before that.

Okay. How did it come about that that became part of your assignment, PCR typing?

Well, I believe I--because of my background working at ICN I had some experience working with DNA.

And when did that happen, the decision to have you do some PCR typing?

To learn and be trained? It must have been sometime in 1993.

Okay. When did you first begin using just in-house PCR DQ-Alpha typing?

When did I do the--my first case or--

When did you just begin your handling of PCR DQ-Alpha typing at LAPD in any form?

I'm sorry, I don't have the specific date to that, but it would have been in 1993 sometime.

Early or late `93?

Probably mid.

Okay. And were you the first person in the laboratory to begin implementing PCR DQ-Alpha typing?

No.

Who was?

Erin Riley.

And when did that begin?

I'm not specifically sure.

How long before you began implementing PCR was it that she had begun?

Well, we were assigned the project together, except she was given more of the responsibilities because she had training from the FBI, and I'm not real sure when that was, but it was prior to `93.

Now, what--will you describe who Erin Riley is and what her specific assignment and title is within the laboratory?

I'm sorry. She is also another criminalist last working in the serology unit. We work together. She is also a criminalist 2.

Okay. Had the LAPD laboratory, not you, but the laboratory itself, begun accepting case work before you began accepting cases?

Case work as to the PCR process?

Yes.

Well, yes, we did in a way. We did accept cases and, umm, after conventional screening they may or may not have been shipped off to different laboratories that did have the technology on line.

Okay. And what was--will you describe your first exposure to PCR typing in the laboratory. I'm not talking about case work, I mean the first actual case work you had within the laboratory, aside from the classes just describe for the jury.

Object to the term "Exposure" as vague.

Sustained. Do you want to rephrase that, please.

When did you first begin performing PCR DQ-Alpha analysis, not in case work, just in any form within the laboratory?

PCR--once again, that would have been sometime in 1993. I don't have the specific date.

Okay. What did you do prior to that with respect to PCR DQ-Alpha typing before you actually began performing tests?

I did conventional serology.

Okay. But with regard to PCR DQ-Alpha, what--did you just pick it up one day and start doing it?

Did I--I'm sorry, I don't--

Did you study protocols before you began performing the tests?

Yes, of course.

Okay. Would you tell us how you began your implementation period with PCR DQ-Alpha.

Well, I went over the user guide that is provided by Roche molecular systems and looked through that and this would have been prior to--to my even going to the class. But Erin Riley had been to the class, and so I had that information available to me, and I went over those protocols and procedures and with Ms. Riley's help I went through and tried to run the strips.

Okay. And over how long a period did this implementation last for you before you began doing case work?

Between the parts where I was studying and everything? Six to eight months.

And was it in that period that you took any of these classes as well?

Yes.

And which of the classes, the one at Roche?

Yes.

Okay. Before you--do you remember when you actually began or accepted your first case for PCR DQ-Alpha typing?

I believe I have it written somewhere.

Sure, if it would help to refresh your recollection if you've got it written down somewhere.

The first case was assigned to me in October of `93 and the first case for PCR that I completed was in November of `93.

Your Honor, may I just look at the note that he is looking at?

Yes.

Mr. Harmon.

Thank you, your Honor.

The jury has seen some of these strips, okay, and what I want to do is I want you to describe about how many strips or tests that you actually performed using the PCR DQ-Alpha system before you accepted your first case? Do you have any idea?

You could, if you had to?

Yes.

Go back and count? In terms of conventional serology electrophoresis tests, can you give the jury some sense of how many times you performed those sorts of tests on evidence samples?

Electrophoresis? Hundreds of times.

Okay. Have you ever testified as an expert in the field of conventional serology, electrophoretic typing?

Yes.

How many times?

Oh, over twenty.

Over how long a period of time?

The five years I have been a criminalist.

Do you take any sort of proficiency tests?

Yes. We are--we run samples from CTS and College of American Pathologists.

Okay. Now, that is for the PCR DQ-Alpha system?

Yes, and they have--they also have for conventional serology.

And have you taken any--I'm sorry. Have you taken conventional serology proficiency tests?

I have once.

Okay. How many times have you taken proficiency--

Objection. 1054 objection as to the conventional serology tests.

Overruled.

How many proficiency tests have you taken which depend on the PCR DQ-Alpha marker?

I would say approximately eight or nine.

Over how long a period of time?

Well, the year and a half or so that I have been doing PCR.

And did you actually take any proficiency tests before you accepted your first case work in October of `93?

I might have. I would have to go back and check the records.

Now, you mentioned two organizations. CTS--

Yes.

--is that the collaborative testing service?

Yes, it is.

And when you take those tests, do you know it is a proficiency test?

Yes.

Do you know what the answer is ahead of time?

No, I don't.

When you take the CAP, that is the College of American Pathologists?

Yes.

Okay. Do you know the answer ahead of time when you take that test?

No.

Do you know it is a proficiency test?

Yes, I do.

Okay. Have you ever been graded as having made a mistake in any of those proficiency tests?

No.

Does that mean you couldn't make a mistake?

Does that--well, no, it doesn't.

Have you ever testified as an expert in a court in the field of forensic PCR DQ-Alpha typing?

Yes.

How many times?

Twice.

In what courts? In this county?

Yes.

Have there been times--have there ever been times when you have attempted to testify but have not been found qualified to testify in the field of PCR DQ-Alpha typing?

No.

When were those two times?

I would have to go back and check the records.

Okay. Can you give us a ballpark?

Last year.

Now, in the tests that you performed, the PCR DQ-Alpha testing, have you ever excluded anyone who was suspected of having committed a crime?

Yes.

Any idea how many times?

Well, offhand I can think of at least once, but there might have been more.

How many strip test samples have you subjected to the PCR DQ-Alpha test as you sit there today?

I'm not sure. I would have to go back and count them all.

Can you give us a ballpark figure?

Well, 500, a thousand, maybe even more than that. I don't know.

Do you have any idea how many actual cases you have worked on for PCR DQ-Alpha typing?

I believe around sixty.

Does the Los Angeles Police Department have a lengthy written protocol for the performance of PCR DQ-Alpha testing?

Objection, characterization.

Sustained. Rephrase the question.

Does the Los Angeles Police Department scientific investigations have a written PCR protocol?

Yes. We have a set of guidelines for PCR practices.

Okay. And does the protocol include other PCR markers in addition to DQ-Alpha?

I believe so at this time.

Okay. And are you familiar with the Los Angeles Police Department scientific investigation written protocol?

Yes, I'm familiar with it.

Is it based on the Roche DQ-Alpha user guide?

Yeah, many parts of it are very similar.

We are going to talk about some events in June and then move on pretty shortly, but I'm going to ask you questions about PCR DQ-Alpha tests you performed on evidence in this case in the middle of June, okay? But before we get to that, I would like to ask you generally, when you performed the tests that you will be testifying about shortly on the evidence samples in this case, did you perform them in accordance with the Los Angeles Police Department SID written protocol for PCR DQ-Alpha typing?

Objection, assumes fact not in evidence.

Overruled.

Yes, I did.

Let's go back to June 13, 1994. What hours were you working those days?

It was either 7:00 to 3:30 or 7:30 to 4:00.

Okay. Do you recall late in your workday on June 13th having a conversation with Greg Matheson about what you know this case is about?

Yes.

And what did Mr. Matheson discuss with you?

He asked me if I--

Objection, hearsay.

Sustained.

It is not offered for the truth of the matter, your Honor.

Sustained.

Did you have a discussion with Mr. Matheson about this case?

Yes, I did.

And based on this case--and did you consider what Mr. Matheson discussed with you late on June 13th in deciding what tests to perform ultimately in this case?

Yes.

Did you actually do anything with respect to this case on June 13th?

No, I did not.

Other than the conversation with Mr. Matheson?

Yes, other than that conversation.

Do you remember what time you came to work on June 14th?

June 14th?

Yes.

Oh, 7:00 or 7:30.

Okay. And did you have another discussion with Mr. Matheson?

I believe I talked to him in the morning, yes.

Now, were--you are in the serology division, okay. Do you have a separate room within the laboratory?

Serology?

Yes.

Yes. There is a serology unit area.

Okay. And is that something that there is security to get in, some sort of security device?

We have to use our access cards.

And do you understand there is actually a printout that shows the comings and goings of people if they use the access card?

Yes.

Have you seen those things occasionally, the printout?

Yes, I have.

Where was Mr. Matheson's office at that time with respect to serology?

At the time he was serology supervisor. His office would be within the serology unit.

Did you talk about this case?

Yes.

What did you discuss with Mr. Matheson?

At this point a hearsay objection.

Sustained.

It is to explain future conduct. It is not offered for the truth of the matter, your Honor.

Maybe if I could get an idea of what he intends--

Why don't you confer with counsel.

I'm sorry?

Why don't you confer with counsel.

One second.

All right.

No problem.

Withdraw your objection?

Based on what he told me.

Proceed.

I'm going to turn the clock back a day then and ask you let's go back to June 13th, the end of the day. You have a discussion with Mr. Matheson about the case?

Yes.

What did Mr. Matheson tell you at that time about the case?

Okay. What else came--anything else come up in that conversation?

I can't remember back all that well.

Okay. Let's talk about the next morning. You go in and you are talking to Mr. Matheson again. Did you have a more specific discussion with him at that point?

Yes, I believe so. He probably had more information then, so we would talk more.

And could you tell us what you and Mr. Matheson discussed at that point?

At that point he--he seemed to think that we--we had evidence that would need certain types of specific testing, and I recall him talking possibly doing something that would be fast, like an ABO test, and we discussed that a little bit. And I said, well, ABO has, umm, limited power of separating things out, because, for instance, a type o can be approximately half of the population, and so because that system is kind of weak in that respect, we discussed the possibility of using PCR DQ-Alpha, because that would have a little bit better chance of sorting things out into finer groups.

And you mentioned that speed was somehow of importance. Why was that?

During the discussion with Mr. Matheson were specific items of evidence talked about?

He referred me to Dennis Fung to discuss what items of evidence would be good to pick and choose for analysis.

Was anyone else there in serology at the time you had this conversation with Greg Matheson?

Well, I can't remember back all that well who was there and who wasn't.

Is that an area where many people work?

Yeah, there is. Usually the serology unit members are always in and out.

And did you have this conversation with Mr. Matheson in his office or out in the laboratory work area?

One or the other.

Okay. As a result of that conversation--strike that. Was Dennis Fung a party to this conversation?

I believe I first talked to Dennis back in the evidence processing room.

Before or after this conversation?

It would be afterwards.

So was Dennis Fung present while you were having this conversation with Greg Matheson?

I'm not sure.

After the discussion that you have just mentioned to us, did you go back to find Dennis?

Yes. I--that would--that would have been the next thing on my mind, to look for Dennis to go discuss what stains to pick out and analyze.

Is that what you did?

Yes.

Where did you find him?

I believe I must have--well, let's see here. Yeah, I would have talked to him in the evidence processing room, because that is where he would be discussing the evidence with me.

And do you recall about how long after the conversation with Greg Matheson it was that you found Dennis Fung and talked to him about the case in the evidence processing room?

It has got to be less than half an hour, fifteen minutes--less than fifteen minutes.

Okay. Do you recall if anyone else was present when you had a conversation that you will be telling us about this afternoon with Dennis Fung?

This afternoon? What was that?

Sorry. It was a bad question. Can we take the break now, your Honor, before we move on?

Yes. Why don't you ask him that last question.

Sure.

Was anyone else present when you had the conversation with Dennis Fung about this case?

No.

Okay.

All right. Ladies and gentlemen, we are going to take to our recess for the morning session. Please remember all of my admonitions to you. 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, do not allow anybody to communicate with you with regard to the case. Counsel, we will stand in recess until one o'clock. And let me see Miss Clark and Mr. Cochran.