Direct examination of Collin Yamauchi (part 7)

📄 Direct examination of Collin Yamauchi (part 7) — 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: 222

Rockne Harmon conducts direct examination of LAPD criminalist Collin Yamauchi about PCR DQ-Alpha typing results from four glove stains (9A–9D) and multiple Bundy crime scene samples. Glove stains 9A and 9B (leather cuttings) produced no results due to leather inhibiting PCR amplification; stains 9C and 9D yielded results consistent with a mixture that could not exclude OJ Simpson, Nicole Brown, or Ronald Goldman. Bundy walkway/driveway samples 48, 50, and 52 all produced 1.1, 1.2 results matching Nicole Brown's profile, with clean substrate controls throughout. The session closes with Yamauchi acknowledging a clerical error on his casework summary sheet, writing amplification number '60' instead of '61.'

# 1 MR. HARMON:

Mr. Yamauchi, could you step down here for a second and--

# 2 (The witness complies.)

# 3 MR. HARMON:

Okay. I wanted to start out by describing some of the results you obtained. Mr. Yamauchi, you have described four separate stains from the glove, 9A, B, C and D, which you subjected to the PCR DQ-Alpha process; is that correct?

# 4 MR. YAMAUCHI:

Yes.

# 5 MR. HARMON:

How many of those stains or cuttings produced results in this case?

# 6 MR. YAMAUCHI:

I have to check my notes.

# 7 MR. HARMON:

Sure.

# 8 THE COURT:

And, Mr. Yamauchi, could you keep your voice up, please? Thank you.

# 9 MR. YAMAUCHI:

Two of the stains.

# 10 MR. HARMON:

And which two did not produce stain--results?

# 11 MR. YAMAUCHI:

A and b.

# 12 MR. HARMON:

And these were two of the leather cuttings?

# 13 MR. YAMAUCHI:

Yes.

# 14 MR. HARMON:

And did that surprise you given what you've talked about in terms of leather inhibiting the PCR process?

# 15 MR. SCHECK:

Objection. Leading.

# 16 THE COURT:

Sustained. Rephrase the question.

# 17 MR. HARMON:

Sure.

# 18 MR. HARMON:

You mentioned something about leather inhibiting the PCR process?

# 19 MR. YAMAUCHI:

Yes.

# 20 MR. HARMON:

What was that?

# 21 MR. YAMAUCHI:

Leather is known to inhibit the amplification part of the PCR process. So to answer your question, it didn't surprise me.

KEY QUOTE

# 22 MR. HARMON:

Okay. Have you read--is that mentioned I think in the user guide?

# 23 MR. SCHECK:

Objection. Leading.

# 24 THE COURT:

Overruled. Is that mentioned in the user guide?

# 25 MR. YAMAUCHI:

I'm not sure if--I know--if it's in the user guide, but it is in other literature.

# 26 MR. HARMON:

Okay. What about 9C? What PCR DQ-Alpha results were obtained on 9C, the sample?

# 27 MR. YAMAUCHI:

The results I obtained on that item, 1.1, 1.3, 4 with a possible 1.2.

# 28 MR. HARMON:

Okay. And 9D, what result did you obtain from 9D?

# 29 MR. YAMAUCHI:

1.1, 1.3, 4, possible 1.2.

# 30 MR. HARMON:

Okay. Could you, if you would use the pointer, and to the best of your ability--I know you didn't take these pictures. Could you get the pointer, Mr. Yamauchi, and show us the area on the glove where 9C was removed from?

# 31 MR. YAMAUCHI:

I'm going to have to refer to my notes.

# 32 MR. HARMON:

Sure. Would that help?

# 33 MR. YAMAUCHI:

Yes.

# 34 MR. HARMON:

You realize the two photos show the glove inside out and then the bottom photo shows the palm side of the glove on the outside?

# 35 MR. YAMAUCHI:

Yes. Okay. The--9C was taken somewhere in this area (Indicating).

# 36 MR. HARMON:

Okay. You're pointing to the general area--could you point there again?

# 37 MR. YAMAUCHI:

Somewhere around here (Indicating).

# 38 MR. HARMON:

The notch area?

# 39 MR. YAMAUCHI:

Wrist area, yeah.

# 40 MR. HARMON:

And you pointed to an area a little distance away from G13?

# 41 MR. YAMAUCHI:

Yeah. Approximately.

# 42 MR. HARMON:

Okay. Where was 9D taken from?

# 43 MR. YAMAUCHI:

That would actually be on the other side of the glove.

# 44 MR. HARMON:

On the back?

# 45 MR. YAMAUCHI:

Yeah. The backside.

# 46 MR. HARMON:

On the outside or inside?

# 47 MR. YAMAUCHI:

On the outside.

# 48 MR. HARMON:

Was 9C taken from the inside or the outside?

# 49 MR. YAMAUCHI:

That was the inside liner.

# 50 MR. HARMON:

So it was the inside liner?

# 51 MR. YAMAUCHI:

Yes.

# 52 MR. HARMON:

Back of the hand?

# 53 MR. YAMAUCHI:

For 9C. 9C was the inside liner. 9D was on the back of the glove around that area.

# 54 MR. HARMON:

Okay. Well, let's go back to 9C. Was it the back of the hand--if my hand, my right hand was in a glove, would the surface touching my hand that you got 9C from, would that be on the back of my hand or on the palm side of my hand?

# 55 MR. YAMAUCHI:

I believe the back.

# 56 MR. HARMON:

Okay. And then 9D was from where?

# 57 MR. YAMAUCHI:

If you were to turn this glove around, it would be along this edge here, somewhere in that area (Indicating).

# 58 MR. HARMON:

Along the--why don't you show on my hand where that was.

# 59 MR. YAMAUCHI:

Somewhere around here (Indicating).

# 60 MR. HARMON:

I'm not sure what this is called. I know there's a medical term for it, but right here?

# 61 THE COURT:

Isn't that the heel?

KEY QUOTE

# 62 MR. HARMON:

Okay.

# 63 THE COURT:

The jurors' got the idea. So--

KEY QUOTE

# 64 MR. HARMON:

If you would--I'm not sure you could reach it. Could you remove from the result board, 272-A, the cover over "PCR results"? Can you reach it?

# 65 MR. YAMAUCHI:

No. Needs somebody tall.

# 66 MR. SCHECK:

Mr. Neufeld is not here. So--

# 67 MR. HARMON:

Okay. And at the time--I know ultimately you were provided reference samples in this case. But at the time of this first run, you did not have reference samples from Nicole Brown and Ronald Goldman, correct?

# 68 MR. YAMAUCHI:

Yes, that is correct.

# 69 MR. HARMON:

But ultimately, you did process them the next day?

# 70 MR. YAMAUCHI:

Yes.

# 71 MR. HARMON:

Okay. And are the type that are shown up on the board, the DQ-Alpha types for Mr. Simpson, who was run in this first set of runs, and Nicole Brown and Ronald Goldman, the DQ-Alpha results up in the top there, are those consistent with the results that you obtained on the samples that were provided to you?

# 72 MR. SCHECK:

I'll stipulate to it.

# 73 THE COURT:

Is that stipulation acceptable to the People?

# 74 MR. HARMON:

Yes, your Honor.

# 75 THE COURT:

All right.

# 76 MR. HARMON:

We would stipulate that those are the results that were obtained.

# 77 MR. SCHECK:

Yeah.

# 78 THE COURT:

Yes. Thank you, gentlemen.

# 79 MR. HARMON:

That's mine.

# 80 MR. HARMON:

Will you remove under the "Not excluded" column from among the three reference types that you typed in this case whom you were unable to exclude from the results that you obtained on 9C and 9D?

# 81 (The witness complies.)

# 82 MR. HARMON:

Okay. Is that correct; that you were not able to exclude either Nicole Brown or Mr. Goldberg or Mr. Simpson from those tests?

# 83 MR. YAMAUCHI:

As a possible mixture in conjunction with those results.

KEY QUOTE

# 84 MR. HARMON:

Okay. Now, is there some question about the possible 1.2 as it relates to Mr. Simpson?

# 85 MR. YAMAUCHI:

That--well, we really can't make a statement once a mixture is present whether that's there or not.

# 86 MR. HARMON:

And had you done additional typing, might you been able to make a better statement?

# 87 MR. SCHECK:

Objection, your Honor.

# 88 THE COURT:

Sustained. Rephrase the question.

# 89 MR. HARMON:

I'll just move on. Thank you.

# 90 MR. SCHECK:

I move to strike that and--

# 91 THE COURT:

The jury is to disregard implication of any of that. Proceed.

# 92 MR. HARMON:

Could we get the Bundy photo board and the Bundy result board, People's 165 and 259, your Honor?

# 93 THE COURT:

Yes.

# 94 MR. HARMON:

Mr. Yamauchi, I'm going to direct your attention to the results you obtained from item 48, which is--was photo id no. 113. Did you obtain a result on item 48?

# 95 MR. YAMAUCHI:

Yes, I did.

# 96 MR. HARMON:

And what result did you produce in your PCR DQ-Alpha typing?

# 97 MR. YAMAUCHI:

1.1, 1.2.

# 98 MR. HARMON:

Okay. Your Honor, with the Court's permission, I would like to--I've got a cover that I--

# 99 MR. HARMON:

Could you put this over the DQ-Alpha results that are on 48? Sure. Just cover over--there you go.

# 100 MR. YAMAUCHI:

Right there? (The witness complies.)

# 101 MR. HARMON:

Just so the record can be clear as to what Mr. Yamauchi just did, your Honor, he placed the cover over the DOJ's DQ-Alpha, D1S80 results that reflects his DQ-Alpha results.

# 102 THE COURT:

Yes, it being a magnetic removal strip.

# 103 MR. YAMAUCHI:

It's a--

# 104 MR. SCHECK:

Can I make a suggestion? If he moves the strip to the right, I think you can see everything.

# 105 THE COURT:

Well, it's his presentation.

# 106 MR. SCHECK:

All right.

# 107 MR. HARMON:

So, Mr. Yamauchi, if our board's correct--okay. I'm outvoted. I'm putting it to the right of the DOJ DQ-Alpha 1.1, 1.2 results. So if our board is correct, would you get the same results for PCR DQ-Alpha?

# 108 MR. YAMAUCHI:

Yes.

# 109 MR. HARMON:

Did you get the same results from DQ-Alpha if our board is correct that cellmark did?

# 110 MR. YAMAUCHI:

Yes.

# 111 MR. HARMON:

In addition to processing 48, did you also process the 48 substrate control through the entire PCR DQ-Alpha process?

# 112 MR. SCHECK:

Objection. Leading. Asked and answered.

# 113 THE COURT:

Overruled. Overruled.

# 114 MR. YAMAUCHI:

Yes, I did.

# 115 MR. HARMON:

And what results did you obtain?

# 116 MR. YAMAUCHI:

That came out negative.

# 117 MR. HARMON:

No typing results?

# 118 MR. YAMAUCHI:

Right.

# 119 MR. HARMON:

I'd like to--just for the record, your Honor, I've skipped 47 until tomorrow.

# 120 THE COURT:

Proceed.

# 121 MR. HARMON:

49, did you obtain any typing results from stain no. 49, which is identified as photo id no. 114?

# 122 MR. YAMAUCHI:

No, I did not.

# 123 MR. HARMON:

And when you say you got no results, can you provide any explanation for that?

# 124 MR. SCHECK:

Objection. Calls for speculation.

# 125 THE COURT:

Rephrase the question.

# 126 MR. HARMON:

Sure.

# 127 MR. HARMON:

Was there anything in your--strike that. I'll move on. So no typing results in 49?

# 128 MR. YAMAUCHI:

No typing results.

# 129 MR. HARMON:

Did you process 49 substrate control through the entire process?

# 130 MR. YAMAUCHI:

Yes, I did.

# 131 MR. HARMON:

Did you obtain any results?

# 132 MR. YAMAUCHI:

No, I did not.

# 133 MR. HARMON:

And so there was no typing activity in 49 substrate control?

# 134 MR. YAMAUCHI:

No.

# 135 MR. HARMON:

Did you obtain a result on item 50 from the walkway at Bundy?

# 136 MR. YAMAUCHI:

Yes, I did.

# 137 MR. HARMON:

That's photo id no. 115?

# 138 MR. YAMAUCHI:

Yes.

# 139 MR. HARMON:

What results did you obtain through the PCR DQ-Alpha marker?

# 140 MR. YAMAUCHI:

On no. 50, I got 1.1, 1.2.

# 141 MR. HARMON:

Okay. Would you place this over to the right of the DOJ DQ-Alpha results?

# 142 (The witness complies.)

# 143 MR. HARMON:

And if our board is correct, you got the same results as DOJ and cellmark did on the processing of that stain?

# 144 MR. YAMAUCHI:

Yes.

# 145 MR. HARMON:

Okay. Did you process the 50 substrate control through the entire process just as you did the others?

# 146 MR. YAMAUCHI:

Yes, I did.

# 147 MR. HARMON:

And did you produce any typing results for the substrate control for item 50?

# 148 MR. YAMAUCHI:

No.

# 149 MR. HARMON:

Did you obtain any results for item 52, that one that had the kind of a pinkish substrate control that you described earlier?

# 150 MR. YAMAUCHI:

Yes, I did.

# 151 MR. HARMON:

That was photo id no. 117?

# 152 MR. YAMAUCHI:

Yes.

# 153 MR. HARMON:

What results did you obtain from item 52 that was out on the driveway?

# 154 MR. YAMAUCHI:

1.1, 1.2.

# 155 MR. HARMON:

Okay. Would you put this cover up to the right of the DOJ DQ-Alpha results?

# 156 (The witness complies.)

# 157 MR. HARMON:

You got the same DQ-Alpha result that cellmark and DOJ did from those stains?

# 158 MR. YAMAUCHI:

Yes, I did.

# 159 MR. HARMON:

Did you process the substrate control, the pinkish one that you described?

# 160 MR. YAMAUCHI:

Yes.

# 161 MR. HARMON:

And what results did you obtain on the substrate control?

# 162 MR. YAMAUCHI:

No results.

# 163 MR. HARMON:

Item 41, that was, I believe you described it earlier, as a potential reference sample from Ronald Goldman. Do you recall that description?

# 164 MR. YAMAUCHI:

Yes.

# 165 MR. HARMON:

Based on what Dennis Fung told you?

# 166 MR. YAMAUCHI:

Yes.

# 167 MR. HARMON:

And did you obtain any results from item no. 41?

# 168 MR. YAMAUCHI:

No. No results.

# 169 MR. HARMON:

Did you obtain any results from item 41C, the substrate control?

# 170 MR. YAMAUCHI:

No.

# 171 MR. HARMON:

Do you recall how long it took to do the PCR process from start to finish? When I say "Start," I mean from the time that you got to serology to begin the extraction process until the time you completed your tests that you've just described to the jury.

# 172 MR. YAMAUCHI:

The per night each--

# 173 MR. HARMON:

No. The length of time from start to finish.

# 174 MR. YAMAUCHI:

For--we're talking about each set? Because I did do two days' worth.

# 175 MR. HARMON:

Sure. June 14th. I mean the ones we've just presented to the jury.

# 176 MR. YAMAUCHI:

Okay. Well, it took pretty much the morning, the day and into the early evening.

# 177 MR. HARMON:

Okay. And at some point, did you communicate the results of your testing to Greg Matheson?

# 178 MR. YAMAUCHI:

Yeah. That evening.

# 179 MR. HARMON:

How did you do that?

# 180 MR. YAMAUCHI:

By telephone.

# 181 MR. HARMON:

Do you remember about what time that you finished or you left work that night?

# 182 MR. YAMAUCHI:

I think around 8:00 or so. Might have been later.

# 183 MR. HARMON:

Okay.

# 184 MR. HARMON:

Your Honor, I can go on with a few other things, but this might--you want me to keep going?

# 185 THE COURT:

Let's use the time.

# 186 MR. HARMON:

Okay.

# 187 MR. HARMON:

Now, Mr. Yamauchi, we have already--the jury's already seen some of the notes you've compiled as a result of your work in this first series of DQ-Alpha runs. Could you just briefly describe--they've seen some of the processing notes. But what sorts of notes and logs do you keep with respect to the DQ-Alpha processing? If you just start at the beginning and name--give us the titles of the reports and what their function is.

# 188 MR. YAMAUCHI:

Oh, you mean like the DNA extraction record?

# 189 MR. HARMON:

Sure.

# 190 MR. YAMAUCHI:

Okay. That would be one of the sheets you start out with.

# 191 MR. HARMON:

What sorts of information is recorded on there?

# 192 MR. YAMAUCHI:

We record something to the effect of an item number or some identifying number as well as the extraction number and chronological order that that's associated with.

# 193 MR. HARMON:

What's the next record that you keep in the sequence of events?

# 194 MR. YAMAUCHI:

Well, then we would have the amplification record.

# 195 MR. HARMON:

What does that record?

# 196 MR. YAMAUCHI:

That records what samples are being amplified.

# 197 MR. HARMON:

And are there numbers assigned at some point in the process?

# 198 MR. YAMAUCHI:

Yes. The amplification record has amplification number and the chronological order corresponding to each of the sample tubes.

# 199 MR. HARMON:

And are you actually looking at the sheet for this first run right now?

# 200 MR. YAMAUCHI:

Yes.

# 201 MR. HARMON:

What number was assigned to the series of samples that you processed?

# 202 MR. YAMAUCHI:

It's amplification 61.

# 203 MR. SCHECK:

Excuse me. May I--

# 204 THE COURT:

Mr. Harmon.

# 205 MR. HARMON:

Thank you, your Honor.

# 206 MR. HARMON:

And then 61, and then you start with one and go down for the number of tubes that you have?

# 207 MR. YAMAUCHI:

Yes.

# 208 MR. HARMON:

And when do you actually fill out that sheet that has the 61 and then starting at 1 through however many tubes you have?

# 209 MR. YAMAUCHI:

Prior to setting up the tubes.

# 210 MR. HARMON:

Okay. At the end of the process, do you produce something that's called a "Serology casework summary sheet"?

# 211 MR. YAMAUCHI:

Yes.

# 212 MR. HARMON:

And what is that a reflection of, the serology casework summary sheet?

# 213 MR. YAMAUCHI:

Well, we use it kind of like a reference card. Sort of like in the library, you've got a reference card so you can look things up quickly? Well, that's the clerical use that we have for this.

# 214 (Discussion held off the record between the Deputy District Attorneys.)

# 215 MR. HARMON:

So you've described on your amplification sheet that the actual numbers start with 61 and go 1 through however many tubes you have. What do you have described in the corresponding column in your serology casework summary sheet as far as number of tubes, the amplification tubes?

# 216 MR. YAMAUCHI:

On that particular sheet, I mistakenly wrote 60 down.

KEY QUOTE

# 217 MR. HARMON:

6--could you give us a little more information? 60 what?

# 218 MR. YAMAUCHI:

For the amplification number. I started them off with 60. It should be 61.

# 219 MR. HARMON:

Okay. Could I take a look at that and--

# 220 MR. HARMON:

I can't find my copy. Can I take the witness' and have it marked as next in order, your Honor?

# 221 THE COURT:

Or I can have it copied for you.

# 222 MR. HARMON:

That would be better. Can I do that, your Honor?

Temperature

procedural

Key Quotes (4)

Collin Yamauchi

Leather is known to inhibit the amplification part of the PCR process. So to answer your question, it didn't surprise me.

Explains why two of the four glove cuttings failed to produce results, preemptively addressing a potential defense challenge to the incomplete data.

Collin Yamauchi

As a possible mixture in conjunction with those results.

Yamauchi's careful qualification that the glove results (9C and 9D) represent a mixture — meaning OJ Simpson cannot be excluded but neither can Nicole Brown or Goldman, limiting the inculpatory force of the finding.

Collin Yamauchi

On that particular sheet, I mistakenly wrote 60 down. For the amplification number. I started them off with 60. It should be 61.

Admission of a documentation error on the casework summary sheet — minor in isolation but provides cross-examination material about the reliability of lab record-keeping.

Lance A. Ito

Isn't that the heel? The jurors' got the idea. So--

Judge steps in to identify anatomy when Harmon struggled with the medical term, illustrating the informal, at-times improvisational quality of the physical demonstration.

Evidence (10)

Informal

Glove stains 9A, 9B, 9C, 9D — leather cuttings and liner samples from the Rockingham glove subjected to PCR DQ-Alpha typing

Results discussed; 9A and 9B no result, 9C and 9D produced 1.1, 1.3, 4 with possible 1.2

People's 165

Bundy photo board

Referenced to correlate stain photo IDs with item numbers

People's 259

Bundy result board

Used to display and compare DQ-Alpha results across LAPD, DOJ, and Cellmark labs

People's 272-A

PCR results board (glove results)

Cover removed to reveal DQ-Alpha results and 'Not Excluded' column

Informal

Item 48 — Bundy blood stain, photo ID 113

Result: 1.1, 1.2; substrate control negative

Informal

Item 49 — Bundy blood stain, photo ID 114

No typing result; substrate control also negative

+ 4 more

Notable Exchanges (4)

Rockne Harmon•Collin Yamauchi•Lance A. Ito

Physical demonstration of glove stain locations devolves into Harmon needing Yamauchi to point on his actual hand, prompting Judge Ito to identify the anatomical location as 'the heel' and close the demonstration by noting the jury understood.

light and pragmatic

Rockne Harmon•Barry Scheck•Lance A. Ito

Scheck stipulates to the DQ-Alpha reference type results for Simpson, Brown, and Goldman rather than requiring further foundation, streamlining the proceeding.

cooperative/strategic

Rockne Harmon•Barry Scheck

Scheck objects and moves to strike after Harmon implies additional typing might have produced a better result regarding Simpson's possible 1.2 allele; judge sustains and instructs jury to disregard.

tense

Rockne Harmon•Barry Scheck•Lance A. Ito

Dispute over placement of a magnetic cover strip on the result board — Scheck suggests moving it right so everything remains visible, Ito declines to intervene ('it's his presentation'), and Harmon concedes with 'I'm outvoted.'

light

Light Moments (3)

Barry Scheck

When Harmon asked Yamauchi to remove a cover from the result board that was out of reach, Yamauchi deadpanned 'Needs somebody tall,' prompting Scheck to quip 'Mr. Neufeld is not here. So--'

Lance A. Ito

Harmon, struggling to name the anatomical area on his hand for the jury, prompted Judge Ito to interject 'Isn't that the heel?' and then cut off further demonstration: 'The jurors got the idea.'

Rockne Harmon

After Scheck suggested moving the magnetic strip and Ito declined to rule, Harmon conceded: 'Okay. I'm outvoted.'

Credibility Attacks (1)

⚔ Collin Yamauchi

Elicited error in documentation

Yamauchi acknowledged on direct that he wrote amplification number '60' instead of '61' on his serology casework summary sheet — a minor clerical error surfaced by the prosecution itself, likely to blunt its impact on cross-examination.

Witness Demeanor

(The witness complies.) — repeated multiple times when asked to point at exhibits or place magnetic covers on result boards

(Discussion held off the record between the Deputy District Attorneys.)

Objections

6 objections (3 sustained, 2 overruled)

Proceeding 6175 • 222 utterances • Prosecution witness

Criminal Trial

Department 103