📄 Direct examination of Collin Yamauchi (part 3) — Wednesday, May 24, 1995
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Direct examination of Collin Yamauchi (part 3)

Witness: Collin Yamauchi
Examiner: Rockne Harmon
Called by: Prosecution • Date: Wednesday, May 24, 1995 • Utterances: 226
Rockne Harmon conducts direct examination of LAPD criminalist Collin Yamauchi, walking him through his DNA evidence processing procedures on June 14, 1994: sampling blood swatches from coin envelopes (items 47-52), phenolphthalein testing and sampling of the Rockingham glove (item 9), and finally the fitzco reference card. The examination ends with a bombshell when Yamauchi reveals that based on what he heard in the news before testing, he expected the results to be an exclusion — meaning he did not expect OJ Simpson's DNA to match — prompting an immediate sidebar.
1 (Discussion held off the record between the Deputy District Attorneys.)
2 MR. HARMON:

Is that what you did in this case?

3 MR. SCHECK:

Objection. Leading.

4 THE COURT:

Overruled.

5 MR. YAMAUCHI:

Yes, it is.

6 MR. HARMON:

And do you have notes that actually describe the numbers and sizes of the swatches in this case?

7 MR. YAMAUCHI:

Yes. I--I draw out all the swatches and I have notes to that.

8 MR. HARMON:

And why do you do that?

9 MR. YAMAUCHI:

Well, just to give me a general idea of what's there.

10 MR. HARMON:

And when you actually cut one of these swatches, do you make any sort of record of what you cut?

11 MR. YAMAUCHI:

Yeah. Occasionally and in this case, I do a score mark over the swatch that I cut to--in the drawing.

12 MR. HARMON:

Okay. Your Honor, I would like to have marked as exhibit 279 one of Mr. Yamauchi's notes in this case.

13 THE COURT:

All right. Which page?

14 (Brief pause.)
15 MR. HARMON:

Mr. Yamauchi, I'd like to show you exhibit 278 for identification and see if you--is this the--

16 THE COURT:

278 or 279?

17 MR. HARMON:

279.

18 (Peo's 279 for id = Yamauchi's notes)
19 MR. HARMON:

Are these the notes that you made with respect to documenting the sampling of the items in this case?

20 MR. YAMAUCHI:

Yes.

21 MR. HARMON:

Or some of the items?

22 MR. YAMAUCHI:

Yes.

23 MR. HARMON:

These are the items that were in the coin envelopes?

24 MR. YAMAUCHI:

Yes.

25 MR. HARMON:

And just to go back to that again, giving us the evidence item numbers, could you tell us which evidence items you processed in the manner that you've just demonstrated to the jury for the first set of tests that you'll be discussing?

26 MR. SCHECK:

Objection. Vague as to time.

27 THE COURT:

Rephrase the question.

28 MR. HARMON:

Could you give us the numbers of the evidence items that you processed on the morning of June 14th?

29 MR. YAMAUCHI:

Okay. Again referring to my notes, the evidence item no. 52, 49, 50, 48, 47, and according to my notes, sampled between 10:00 and 11:00 approximately on the 14th of June, 1994.

30 MR. HARMON:

Okay. Your Honor, I would like to put 279 up on the elmo if I can.

31 (Brief pause.)
32 MR. HARMON:

Okay. Mr. Yamauchi, let's just--let's look at item 49 if you will. Could you just assist the jury in interpreting all the information that's in that horizontal row there starting with 114?

33 MR. YAMAUCHI:

Well, 114 was--and it's in quotes because that's the way it was written on the coin envelope. The 49 above it was written in once I knew which item number it corresponded to, and then coin envelope and then in quotes 114, describing the coin envelope, and paper bindle and one of the paper opinions with, in quotes, no. 114, describing what was written on the paper bindle, and then there are six swatches drawn out; and then in the next column over, it says five and a half swatches, ample.

34 MR. HARMON:

What did you mean by that "Five and a half swatches, ample"?

35 MR. YAMAUCHI:

That just described what was left over after I sampled.

36 MR. HARMON:

And does that horizontal row, does that also show where you tried to show how much you cut, which item you cut and how much you cut?

37 MR. YAMAUCHI:

On the last swatch, I did a dotted line to show approximately where I scored it.

38 MR. HARMON:

Okay. And looking at what appears to be 114C, the substrate control, what's the wording that you have to the right of that? What's that reflect?

39 MR. YAMAUCHI:

Well, white with brn, which to me means brown specks.

40 MR. HARMON:

Okay. Would you jump up one column and look at what's 117C or 52, the substrate control. What observation did you make about the color of that substrate control?

41 MR. YAMAUCHI:

Pink color.

42 MR. HARMON:

And so did you do that with each and every one of the stains and substrate controls that you sampled on June 14th? In other words, make that kind of documentation?

43 MR. YAMAUCHI:

Yes. In my casework, I often times take general, very general color descriptions of what's there.

44 MR. HARMON:

Okay. And how near to the actual size and shape of the swatches are your little sketches of those swatches?

45 MR. YAMAUCHI:

Well, it's pretty close, but it's not meant to be precise sort of a depiction.

46 MR. HARMON:

Okay. How long did it take to complete the sampling process of these coin envelopes, 41--items 41, 42, 47, 48, 49 and 52?

47 MR. YAMAUCHI:

Well, I listed in my notes that they were sampled between 10:00 and 11:00. So sometime within then.

48 MR. HARMON:

And what did you do with each of these coin envelopes after you finished processing it in the way that you demonstrated for the jury?

49 MR. YAMAUCHI:

Well, they were placed back where I found them.

50 MR. HARMON:

Okay. Now, in terms of who had responsibility for those items at that point in time, who was responsible for them now that you had completed your sampling of them?

51 MR. YAMAUCHI:

They'd be in I guess the custody of the person that was collecting them. That would be Dennis.

52 MR. HARMON:

Dennis Fung? And is that normally the person that books them?

53 MR. YAMAUCHI:

The person that collects the items, yes, generally speaking, is the person that's going to book the items.

54 MR. HARMON:

So at this point in time, can you describe--you've mentioned something--you showed the jury how you unscrew and screw the cap on these microcentrifuge tubes. What were you putting them in?

55 MR. YAMAUCHI:

A microcentrifuge tube rack.

56 MR. HARMON:

And how many tubes can each of those racks hold?

57 MR. YAMAUCHI:

It varies. Usually there's 16 to a row. I think these had--I would say approximately 32 for that particular rack.

58 MR. HARMON:

And are those tubes--do they provide a safeguard against contamination if the seal is on them?

59 MR. SCHECK:

Objection. Leading.

60 THE COURT:

Sustained.

61 MR. HARMON:

All right. What are those tubes made out of?

62 MR. YAMAUCHI:

Some kind of a plasticky substance, polyethylene perhaps.

63 MR. HARMON:

What's the purpose of the cap?

64 MR. YAMAUCHI:

The purpose of the cap is to seal it off, make sure that nothing gets in or out.

65 MR. HARMON:

And is it your practice never to have more than one--

66 MR. SCHECK:

Objection. Leading.

67 THE COURT:

Sustained.

68 MR. HARMON:

What is your practice with respect to having more than one tube open at a time?

69 MR. YAMAUCHI:

Well, that's not a good idea, I mean something you don't want to do.

70 MR. HARMON:

And did you have more than one tube open at a time in any of the processing of the evidence in this case?

71 MR. YAMAUCHI:

No.

72 MR. HARMON:

After you processed the coin envelopes in the manner that you described, did you then turn your attention to the glove that Mr. Fung had talked to you about?

73 MR. SCHECK:

Objection. Leading.

74 THE COURT:

Sustained.

75 MR. HARMON:

Did you process the glove at some point that morning?

76 MR. YAMAUCHI:

Umm, sometime in the morning or maybe the early afternoon. I'm not sure specifically.

77 MR. HARMON:

Okay. Tell us how you began that processing activity.

78 MR. YAMAUCHI:

Well, taking a look at it, I knew I was going to have to sample it in some way. So I had somebody come by and photograph it. As far as the handling specifically of the gloves, I put a clean piece of paper out and examined the gloves on top of the clean paper. Excuse me. The glove. Talking about no. 9.

79 MR. HARMON:

Sure. The glove that was found at Rockingham?

80 MR. YAMAUCHI:

Right.

81 MR. HARMON:

No. 9? Now, where were the tubes, the centrifuge--the microcentrifuge tubes in the racks? Where were they when you began processing the glove?

82 MR. YAMAUCHI:

I'm not sure.

83 MR. HARMON:

Okay. Where were the coin envelopes when you began processing the glove?

84 MR. YAMAUCHI:

The coin envelopes would have been in that same area that they were given to me at.

85 MR. HARMON:

Okay. And where did you process the glove?

86 MR. YAMAUCHI:

I seem to recollect working on the--the hard bench countertop that's just--it would be right to the side of the table that all the evidence was on.

87 MR. HARMON:

When you say "Right to the side," can you give us a little better description of the relationship?

88 MR. YAMAUCHI:

Well, it's kind of hard to without a picture. But let's say it would be on the same countertop that the clean paper is by.

89 MR. HARMON:

And what top is the set of coin envelopes on?

90 MR. YAMAUCHI:

It's on a table that's in the middle of the room near the hood.

91 MR. HARMON:

Different table than the glove was on?

92 MR. YAMAUCHI:

Yes.

93 MR. HARMON:

Okay. And you put a clean piece of paper down?

94 MR. YAMAUCHI:

Yes.

95 MR. HARMON:

Why did you do that?

96 MR. YAMAUCHI:

Well, again, that's standard lab procedure to make sure you have--treat evidence in such a way that it won't contaminate with anything.

97 MR. HARMON:

Okay. Will you describe--you mentioned you brought somebody over to photograph the glove?

98 MR. YAMAUCHI:

Yes.

99 MR. HARMON:

Who was that?

100 MR. YAMAUCHI:

I believe I tried to get John Taggard and might have been Mike Wilson that photographed it, one or the other.

101 MR. HARMON:

And when did he photograph it in relation to the sampling that you undertook?

102 MR. YAMAUCHI:

I'm not sure.

103 MR. HARMON:

Was it before or after?

104 MR. YAMAUCHI:

After.

105 MR. HARMON:

Will you describe the first part of the processing of the glove, please.

106 MR. YAMAUCHI:

Okay. The glove was laid out on the paper. And it really wasn't super obvious that it was--could have been soaked in blood or could have had a lot of blood. So I did what's called a phenolphthalein test. It's a presumptive test for the presence of blood.

107 MR. HARMON:

How did you do that?

108 MR. YAMAUCHI:

Well, that's done by taking a clean cotton swab, moistening it with deionized water and allowing some of the stain that would be on the glove to transfer to this swab. From that point, chemicals are added to that swab, and these chemicals upon reacting positively with something that's most likely blood, will turn a pink color.

109 MR. HARMON:

Okay. And how many separate areas did you perform the phenolphthalein test?

110 MR. YAMAUCHI:

I'm going to look at my notes.

111 MR. HARMON:

Sure. Did you make those notes close to the time that you did the sampling?

112 MR. YAMAUCHI:

Yes.

113 MR. HARMON:

Okay.

114 (Brief pause.)
115 MR. YAMAUCHI:

About seven, seven times?

116 MR. HARMON:

And what were the results of those phenolphthalein tests?

117 MR. YAMAUCHI:

In each spot that I tested on that particular glove, there was a positive result.

118 MR. HARMON:

Okay. And that's just an indicator that it might be blood?

119 MR. YAMAUCHI:

Yes, it is.

120 MR. HARMON:

Okay. What did you do after you got those seven presumptive positive results from the glove?

121 MR. YAMAUCHI:

Well, I knew I needed to pick a spot to sample the glove. And one of the things we have problems with in PCR is, when you use leather in the testing, it's been documented that leather causes inhibition of the test. So it's often hard to get results when you use leather samples. So what I did was, I collected from a number of different areas, and two of them I took actual cuttings of the leather to--to see if I could get results, and to back myself up because I knew that leather doesn't always produce results, I also took a cutting from an area that was not made of leather, and that would be the lining area, as well as, I took one sample from an area by swatching in the same manner that was described to you out at the crime scenes where we use the cotton swatches to transfer the stain to the swatch and then analyze that swatch.

KEY QUOTE
122 MR. HARMON:

Did you attempt to take a substrate control from the glove?

123 MR. YAMAUCHI:

Well, in the process of trying to find an area that was free of any blood, I decided that, well, in this case, this glove seems to be covered with blood to a certain extent and I wasn't going to mess around and test all over the place to try to locate an area that may or may not have blood. I didn't want to manipulate that item any further at that point. So I chose at that time not to collect a control on this particular item.

124 MR. HARMON:

Okay. And did you make notes in a drawing that reflected the areas that you sampled on the glove?

125 MR. YAMAUCHI:

Yes, I did.

126 MR. HARMON:

Your Honor, may I have marked as exhibit 279--I'm one behind today. 280?

127 THE COURT:

280.

128 MR. HARMON:

Thank you, your Honor.

129 (Peo's 280 for id = drawing)
130 MR. HARMON:

May I put it on the projector, your Honor?

131 (Brief pause.)
132 MR. HARMON:

Now, Mr. Yamauchi, is this the sketch that you made at the same time you were conducting the sampling on the glove?

133 MR. YAMAUCHI:

Yes, it is.

134 MR. HARMON:

Okay. And in the lower left-hand corner, looks like there's a notched area and something that says initial "CY." Can you tell us what that is, what that represents?

135 MR. YAMAUCHI:

There's where I put my identifying mark on that particular item.

136 MR. HARMON:

Okay. And if we could move over to the right sketch a little bit, can you describe to the jury what's shown in the right-hand search of 280 for identification?

137 MR. YAMAUCHI:

That would indicate the area where I spot-checked for a control as well as an area that I ended up sampling for testing.

138 MR. HARMON:

Okay. If you would, you've got an "X" with an arrow to it that says "Spot check for control." That's one of the phenol areas?

139 MR. YAMAUCHI:

Yes, it is.

140 MR. HARMON:

And then I see a letter--is that a letter "D" where it says phenol and then sample cutting taken?

141 MR. YAMAUCHI:

I think that's--that's the area I marked off as the area that where I sampled.

142 MR. HARMON:

Okay. That's just a circle where you cut it out?

143 MR. YAMAUCHI:

Right.

144 MR. HARMON:

Okay. And then looks like the thumb area. Could you describe to the jury what that shows?

145 MR. YAMAUCHI:

Again, there is the area where I would have sampled.

146 MR. HARMON:

Okay. And that's--you've designated that area B?

147 MR. YAMAUCHI:

Yes.

148 MR. HARMON:

And the one, looks like it's inside the rear or inside the wrist on the back of the hand, that's area C?

149 MR. YAMAUCHI:

Yes.

150 MR. HARMON:

And then can we go up to the next sketch there? You've got that described as backside of the glove. Can you describe to the jury what your notes mean in that?

151 MR. YAMAUCHI:

Okay. On--on A, I took a cutting, and that also is phenol positive. And on D, that area down towards the right lower--lower right corner of the glove, that was the area that I sampled the stain by use of a cotton cloth swatch.

152 MR. HARMON:

And I believe that's--you did that to try to avoid the inhibition problem that's well known?

153 MR. SCHECK:

Objection.

154 MR. YAMAUCHI:

Yes. Just in case I couldn't--

155 THE COURT:

Hold on. Withdrawn?

156 MR. SCHECK:

Leading, but let's go.

KEY QUOTE
157 MR. YAMAUCHI:

I'm sorry. That's--yeah, I guess because I knew that that could potentially cause a problem. So I decided to sample in different ways, and that was why.

158 MR. HARMON:

Okay. So--and you've labeled them A, B, C and D. Did those lettering follow the samples that you cut out or that you took from the glove when you did your processing in this case or your typing?

159 MR. YAMAUCHI:

Yes.

160 MR. HARMON:

Okay. Now, up to this point, Mr. Yamauchi, you've described making a fitzco card processing the coin envelopes and the glove. At some point, did you come back to the fitzco card?

161 MR. YAMAUCHI:

Yes. Eventually I sampled that card.

162 MR. HARMON:

And when was that in the sequence of events?

163 (Discussion held off the record between the Deputy District Attorneys.)
164 MR. SCHECK:

Can I see what note he's referring to?

165 THE COURT:

Sure.

166 (Brief pause.)
167 MR. YAMAUCHI:

Last.

168 THE COURT:

Proceed.

169 MR. HARMON:

Thank you, your Honor.

170 MR. HARMON:

I left out a little bit here, Mr. Yamauchi. I'm sorry. When you made these cuttings from the glove, what did you do with them?

171 MR. YAMAUCHI:

They would be in the extract tubes.

172 MR. HARMON:

The microcentrifuge tubes?

173 MR. YAMAUCHI:

Yes. That's correct.

174 MR. HARMON:

Okay. And how did you process them when you're doing all this sampling of the glove? Could you describe the sequence that you did them in, the samples?

175 MR. YAMAUCHI:

You mean, when I--when did I sample each particular one?

176 MR. HARMON:

Sure.

177 MR. YAMAUCHI:

Well, I'm not sure. But judging by my notes, I would have done it in the A, B, C, D order.

178 MR. HARMON:

Okay. And each time--or would you describe what you did each time, how you put it in the tube?

179 MR. YAMAUCHI:

Okay. For each particular area sampled, if, say, I used a cutting, I would have went through that process like I was cutting up the swatch. I would have used a sterile scalpel blade for that particular area and then manipulated the tube with that hand and used a scalpel blade to put the sample into the tube, just in the same way as I did with the cloth swatches a little earlier. And with collection of the cloth swatch, I--I would have done that by taking sterile water and a cloth swatch, moistening the cloth swatch with the water and rubbing it on the area of the glove that I wanted--intended to get a transfer and transfer some of this biological fluid on to that, and then I would have taken that swatch and put it into a microcentrifuge tube in the same manner, not allowing any of the tubes to be opened simultaneously.

180 MR. HARMON:

Now, where was the processing of the glove done with respect to the fitzco card that's drying somewhere?

181 MR. YAMAUCHI:

It would have been about 10 feet away.

182 MR. HARMON:

Same table or different tables?

183 MR. YAMAUCHI:

That would be at that time at the same table.

184 MR. HARMON:

But about 10 feet apart?

185 MR. YAMAUCHI:

Yeah.

186 MR. SCHECK:

Objection. Leading.

187 THE COURT:

Overruled.

188 MR. HARMON:

So you've got the fitzco card drying, everything in tubes and I believe you said you sampled the fitzco card last?

189 MR. SCHECK:

Objection. Leading. Move to strike.

190 THE COURT:

Sustained. Rephrase the question.

191 MR. HARMON:

Did you sample the fitzco card after you sampled the glove?

192 MR. SCHECK:

Objection. Leading.

193 THE COURT:

Overruled.

194 MR. YAMAUCHI:

Yes. Looking at my notes, that was the last thing in order.

195 MR. HARMON:

Could you tell us what you're looking at there and why you're so sure that you sampled it last?

196 MR. YAMAUCHI:

Because I have my DNA extraction record, and that was the last one I listed.

197 MR. HARMON:

Okay. And how did you actually go about sampling the fitzco card?

198 MR. YAMAUCHI:

In the same fashion as if it were an evidence item, all the same precautions being taken. It would be cut out with a sterile scalpel blade.

199 MR. HARMON:

Put in the same kind of tube?

200 MR. YAMAUCHI:

Yes. In the same microcentrifuge tube.

201 MR. HARMON:

And then in a rack?

202 MR. YAMAUCHI:

Yes.

203 MR. HARMON:

Okay. Now, I believe in some of your earlier discussions, was it impressed on you that there was a hurry to do this testing?

204 MR. YAMAUCHI:

To a certain extent, they--they wanted investigative information.

205 MR. HARMON:

And is there any way if you hurry these things that you can change the results?

206 MR. SCHECK:

Objection. Leading.

207 THE COURT:

Rephrase the question.

208 MR. SCHECK:

Argumentative.

209 MR. HARMON:

Based on what you knew, did you have an expectation what the outcome of these tests would be?

210 MR. SCHECK:

Objection. Calls for speculation.

211 THE COURT:

Overruled.

212 MR. HARMON:

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

213 THE COURT:

I overruled the objection.

214 MR. HARMON:

Sorry.

215 MR. YAMAUCHI:

Okay. I--sorry. I lost my train of thought.

216 MR. HARMON:

Sure. Based on the information that was made available to you, what did you expect the outcome would be?

217 MR. SCHECK:

Objection.

218 THE COURT:

Overruled.

219 MR. YAMAUCHI:

You mean like from what I heard on the news or--

220 MR. HARMON:

Yes.

221 MR. SCHECK:

Move to strike.

222 THE COURT:

Overruled.

223 MR. YAMAUCHI:

Well, I--I thought it would be an exclusion.

KEY QUOTE
224 MR. HARMON:

Why?

225 MR. SCHECK:

Your Honor, move to strike.

226 THE COURT:

Let me see counsel at the sidebar with the court reporter, please.

Temperature

tense

Key Quotes (4)

Collin Yamauchi
I thought it would be an exclusion.
Devastating admission that the criminalist who processed the key DNA evidence expected OJ Simpson to be excluded before he ran the tests — suggesting either media bias or exculpatory expectations baked into the process.
Collin Yamauchi
In this case, this glove seems to be covered with blood to a certain extent and I wasn't going to mess around and test all over the place to try to locate an area that may or may not have blood. I didn't want to manipulate that item any further at that point. So I chose at that time not to collect a control on this particular item.
Yamauchi explains why he skipped taking a substrate control from the Rockingham glove — a procedural decision the defense would exploit to argue the results were unreliable.
Collin Yamauchi
Well, I knew I needed to pick a spot to sample the glove. And one of the things we have problems with in PCR is, when you use leather in the testing, it's been documented that leather causes inhibition of the test.
Establishes the known technical challenge of getting PCR results from leather, explaining why Yamauchi sampled multiple areas including a cloth swatch — anticipates defense challenges to the glove results.
Barry Scheck
Leading, but let's go.
Unusual concession from Scheck mid-objection; reveals strategic restraint while still preserving the record on leading question issues.

Evidence (5)

People's 279
Yamauchi's handwritten notes documenting sampling of blood swatch items, including drawings of swatch sizes and score marks indicating where cuts were made
Introduced and displayed on ELMO projector
People's 280
Yamauchi's sketch of the Rockingham glove (item 9) showing sampling areas labeled A, B, C, D and phenolphthalein test spots
Introduced and displayed on projector
Informal
Item 9 — the Rockingham glove, processed for DNA; phenolphthalein tested in seven areas, all positive; sampled by cuttings (A, B, C) and cotton swatch (D)
Discussed in detail
Informal
Coin envelopes containing blood swatches, evidence items 47, 48, 49, 50, 52 and 41/42, sampled between 10:00-11:00 a.m. on June 14, 1994
Discussed; custody transferred to Dennis Fung after sampling
Informal
Fitzco reference card — sampled last in sequence, after coin envelopes and glove
Discussed; sampling sequence confirmed by DNA extraction record

Notable Exchanges (3)

Rockne HarmonCollin YamauchiBarry ScheckLance A. Ito
Harmon asks Yamauchi whether he expected a certain test outcome; Yamauchi says he expected an exclusion based on news coverage; Scheck moves to strike; Ito overrules; then Scheck objects again and Ito calls a sidebar — the examination ends abruptly on this revelation.
explosive
Rockne HarmonCollin Yamauchi
Yamauchi explains why he did not collect a substrate control from the Rockingham glove, citing how thoroughly blood-soaked it appeared and unwillingness to manipulate the item further.
strategic
Rockne HarmonBarry Scheck
Scheck begins an objection to a leading question about leather inhibition, then mid-sentence withdraws with 'Leading, but let's go,' allowing the testimony to proceed.
revealing

Light Moments (1)

Barry Scheck
Scheck's objection trails off into 'Leading, but let's go' — a rare moment of tactical humor and restraint from an otherwise aggressive defense attorney.

Credibility Attacks (1)

⚔ Collin Yamauchi
Elicited admission of bias/preconception
Through Harmon's own questioning, Yamauchi admitted he expected an exclusion based on news reports before processing the evidence — a major vulnerability the defense would exploit to argue the results were tainted by confirmation bias or preconception.

Witness Demeanor

Frequently references notes to confirm details ('Looking at my notes...')
Loses train of thought at one point: 'Okay. I--sorry. I lost my train of thought.'
Precise and methodical when describing procedures; hedges on spatial and temporal details he can't confirm from memory

Objections

13 objections (4 sustained, 6 overruled)
Proceeding 6183 • 226 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAY 24, 1995 📄 Direct examination of Collin Y
MAY 24, 1995 KRT DvH TD