Sidebar: PCR board

📄 Sidebar: PCR board — Wednesday, May 24, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\24\SIDEBAR-PCR-BOARD.DOC

TRIAL

▲ Day 81 of 167

◀ Noon recess Direct examination of Collin Yamauchi (part 2) ▶

Date: Wednesday, May 24, 1995 • Utterances: 10

A brief bench discussion about a demonstrative exhibit — a board showing the PCR DNA testing process — that the prosecution wants to use with the jury. Scheck objected that the board depicts a cleaned-up, differently configured lab space than what actually existed during testing. Judge Ito allowed it but warned the prosecution they use it 'at their hazard' if it misrepresents actual conditions.

# 1 (The following proceedings were held in open court, out of the presence of the jury:)

# 2 THE COURT:

Back on the record in the Simpson matter. Mr. Simpson is again present with his counsel, People are represented. The jury is not present. Counsel, anything we need to take up?

# 3 MR. SCHECK:

I don't know that we've resolved the last set of pictures.

# 4 MR. HARMON:

The purpose of the board was to show how you do PCR. It is correct that the product gel setup is around the corner on a little lab table from where it's shown in the picture, but that's not--the purpose isn't to replicate the exact conditions, but it's to educate the jury on the different steps of the PCR process, so make sure to tell the jury this is not the exact conditions that the test was performed under in this case, your Honor.

# 5 THE COURT:

All right. Let's have the jurors.

# 6 MR. SCHECK:

I take it, your Honor--you're nodding your head. So--

# 7 THE COURT:

As long as it's not a misrepresentation as to what actually occurred.

# 8 MR. SCHECK:

Well, I think that my representation to you before was the correct one, that it is in a different location and it was configured differently. And we did take a tour and we did see it, and there will be testimony that it looked differently and, you know, was a more cramped space and a different space than the one depicted. So what I'm saying to you is correct, and I'd just like to--I mean it's up to the Court. Those are photographs I never saw, and what I'm saying to you is that it's all cleaned up.

# 9 THE COURT:

Well, there are--they'll use that at their hazard. Let's have the jurors.

KEY QUOTE

# 10 (The following proceedings were held in open court, in the presence of the jury:)

Temperature

procedural

Key Quotes (3)

Rockne Harmon

The purpose isn't to replicate the exact conditions, but it's to educate the jury on the different steps of the PCR process

Prosecution frames the exhibit as purely pedagogical, not a documentary recreation — a key distinction for admissibility

Barry Scheck

Those are photographs I never saw, and what I'm saying to you is that it's all cleaned up.

Scheck flags that the exhibit presents an idealized, sanitized version of the lab — implying the real conditions were worse and the jury should know that

Lance A. Ito

They'll use that at their hazard. Let's have the jurors.

Ito allows the exhibit but puts the prosecution on notice that misrepresentation carries risk — a pragmatic ruling that defers the fight to cross-examination

Evidence (1)

Informal

PCR demonstrative board with photographs showing steps of the PCR DNA testing process

discussed, conditionally allowed

Notable Exchanges (1)

Barry Scheck•Lance A. Ito

Scheck presses that the board depicts a different, cleaner lab configuration than what was actually used in testing; Ito acknowledges the concern but lets prosecution proceed at their own risk

strategic

Credibility Attacks (1)

⚔ LAPD crime lab

demonstrative misrepresentation

Scheck argues the PCR board presents a cleaned-up, idealized lab setting rather than the cramped, differently-configured space where actual testing occurred — planting doubt about lab conditions

Objections

None recorded

Proceeding 6181 • 10 utterances

Criminal Trial

Department 103