Direct examination of Collin Yamauchi (part 4)

📄 Direct examination of Collin Yamauchi (part 4) — Wednesday, May 24, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\24\DIRECT-EXAMINATION-OF-COLLIN-Y.DOC

TRIAL

▲ Day 81 of 167

Witness: Collin Yamauchi
Examiner: Rockne Harmon
Called by: Prosecution • Date: Wednesday, May 24, 1995 • Utterances: 28

Prosecutor Harmon questions LAPD criminalist Yamauchi about 'examiner bias' — whether he had preconceived expectations about OJ Simpson's guilt before conducting DNA tests. Yamauchi admits he heard on the news that Simpson had an alibi and was in Chicago, and assumed Simpson was 'probably not related to the scene.' The judge immediately calls a sidebar after this damaging admission.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

Proceed. Mr. Harmon, 2:30.

# 3 MR. HARMON:

Excuse me, your Honor?

# 4 THE COURT:

2:30.

# 5 MR. HARMON:

Okay.

# 6 MR. HARMON:

Mr. Yamauchi, you've been watching television, the televised proceedings in this case occasionally?

# 7 MR. YAMAUCHI:

Yes.

# 8 MR. HARMON:

Have you heard the term "Examiner bias"?

# 9 MR. YAMAUCHI:

Yes.

# 10 MR. HARMON:

Are you familiar with it?

# 11 MR. YAMAUCHI:

Well, I'd like to hear an explanation. But I have an idea what it means.

KEY QUOTE

# 12 MR. HARMON:

Okay.

# 13 MR. SCHECK:

Objection, your Honor.

# 14 THE COURT:

Overruled.

# 15 MR. HARMON:

Based on what you heard in the media at the time or, you know, before you did the tests in this case, did you have an expectation of what the outcome of these tests would be?

# 16 MR. SCHECK:

Objection.

# 17 THE COURT:

Overruled.

# 18 MR. YAMAUCHI:

Well, on the 13th, the last thing I heard in the evening--

# 19 MR. SCHECK:

Your Honor, that's--

# 20 THE COURT:

It's nonresponsive. Did you have an expectation, yes or no?

KEY QUOTE

# 21 MR. YAMAUCHI:

Yes.

# 22 MR. HARMON:

And what was that based on?

# 23 MR. SCHECK:

Objection.

# 24 THE COURT:

Overruled.

# 25 MR. SCHECK:

Calls for hearsay.

# 26 THE COURT:

Overruled.

# 27 MR. YAMAUCHI:

Well, like I was saying, I heard on the news that, well, yeah, he's got an air-tight alibi, he's--he's in Chicago and, you know, that--and it's his ex-wife and this and that, and I go, oh, well, he's probably not related to the scene.

KEY QUOTE

# 28 THE COURT:

All right. Let me see counsel at the sidebar.

Temperature

tense

Key Quotes (3)

Collin Yamauchi

Well, like I was saying, I heard on the news that, well, yeah, he's got an air-tight alibi, he's--he's in Chicago and, you know, that--and it's his ex-wife and this and that, and I go, oh, well, he's probably not related to the scene.

Yamauchi admits he believed Simpson was innocent before testing — the core examiner bias admission that could undermine the integrity of the DNA analysis.

Lance A. Ito

It's nonresponsive. Did you have an expectation, yes or no?

Judge cuts off Yamauchi's elaboration to force a simple yes/no, but the 'yes' answer is equally damaging and opens the door for Harmon's follow-up.

Collin Yamauchi

Well, I'd like to hear an explanation. But I have an idea what it means.

Yamauchi's hedged familiarity with 'examiner bias' signals he knows what is being implied about his conduct.

Evidence (1)

Informal

DNA tests conducted by Yamauchi in the case

referenced as the tests potentially affected by examiner bias

Notable Exchanges (2)

Rockne Harmon•Collin Yamauchi•Lance A. Ito

Yamauchi tries to explain the context of his expectations by referencing specific news coverage from 'the 13th,' but Scheck objects and the judge cuts him off demanding a yes/no. The 'yes' answer then opens the door for Harmon to extract the full damaging explanation anyway.

strategic

Lance A. Ito•Barry Scheck•Rockne Harmon

After Yamauchi's admission that he assumed Simpson was 'probably not related to the scene,' Ito immediately calls a sidebar — suggesting the testimony was sufficiently explosive to require an off-the-record conference.

revealing

Credibility Attacks (1)

⚔ Collin Yamauchi

bias — pre-existing expectation affecting scientific analysis

Harmon elicits that Yamauchi consumed media coverage and formed the opinion that Simpson was probably innocent before conducting DNA tests, raising the inference that confirmation bias may have infected his handling and interpretation of evidence.

Objections

4 objections (0 sustained, 4 overruled)

Proceeding 6185 • 28 utterances • Prosecution witness

Criminal Trial

Department 103