Direct examination of Collin Yamauchi (part 1)

📄 Direct examination of Collin Yamauchi (part 1) — Thursday, May 25, 1995

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C:\DEPT103\CRIMINAL\1995\MAY\25\DIRECT-EXAMINATION-OF-COLLIN-Y.DOC

TRIAL

▲ Day 82 of 167

◀ Procedural matters Sidebar: leading questions ▶

Witness: Collin Yamauchi
Examiner: Rockne Harmon
Called by: Prosecution • Date: Thursday, May 25, 1995 • Utterances: 217

Prosecutor Harmon resumed direct examination of LAPD criminalist Collin Yamauchi, covering detailed swatch counts from Bundy walkway blood stains, the significance of C-dot indicators in DQ-Alpha PCR testing, and a minor numbering error on a serology summary sheet (writing '60' instead of '61' for an amplification run). The session then shifted to June 15th, when Yamauchi received Nicole Brown Simpson's and Ron Goldman's reference blood tubes from Detective Vannatter and prepared fitzco exemplar cards from them. The proceeding ended at a sidebar after Scheck objected to a leading question about whether the sample envelopes were sealed.

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

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Let the record reflect that all the jurors have now rejoined us. Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 3 THE COURT:

Mr. Yamauchi, would you resume the witness stand, please.

Collin Yamauchi, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

# 4 THE COURT:

All right. The record should reflect Mr. Collin Yamauchi is again on the witness stand undergoing direct examination by Mr. Harmon. Good morning, Mr. Yamauchi.

# 5 MR. YAMAUCHI:

Good morning.

# 6 THE COURT:

Sir, you are reminded that you are still under oath. And Mr. Harmon, you may conclude your direct examination.

# 7 MR. HARMON:

Thank you, your Honor.

DIRECT EXAMINATION (RESUMED) BY MR. HARMON

# 8 MR. HARMON:

Mr. Yamauchi, I want to go back over a couple of details that we were in the process and you discussed yesterday and you may want to refer to your notes. We talked about your sketching out and counting out the number of swatches. Do you recall that?

# 9 MR. YAMAUCHI:

Yes.

# 10 MR. HARMON:

Okay. Do you remember how many swatches were contained in each of the items?

# 11 MR. YAMAUCHI:

Of the ones that I analyzed?

# 12 MR. HARMON:

Yes.

# 13 MR. YAMAUCHI:

Yes. I have clear notes that I sketched out.

# 14 MR. HARMON:

Okay. Would you--would you look at those notes, because I'm going to ask you how many of each of those.

# 15 THE COURT:

Which page in your notes is this when you find it, Mr. Yamauchi?

# 16 (Brief pause.)

# 17 MR. SCHECK:

May I look, your Honor?

# 18 THE COURT:

Yes. I just asked him to tell us what page he is referring to.

# 19 (Brief pause.)

# 20 THE COURT:

I see it is the same page we saw yesterday.

# 21 THE COURT:

All right. Proceed, Mr. Harmon.

# 22 MR. HARMON:

Okay. Starting in the order that you processed, these are the ones along the Bundy walkway, 52, how many swatches were in the coin envelope, or I'm sorry, the bindle for the stain envelope or the stain?

# 23 MR. YAMAUCHI:

Two.

# 24 MR. HARMON:

How many swatches were in the substrate control?

# 25 MR. YAMAUCHI:

One.

# 26 MR. HARMON:

And in 49, the next one in along the walkway, how many stain swatches were in this bindle?

# 27 MR. YAMAUCHI:

Six.

# 28 MR. HARMON:

How many swatches were in the substrate control?

# 29 MR. YAMAUCHI:

One.

# 30 MR. HARMON:

And item 50, how many swatches were in the stain?

# 31 MR. YAMAUCHI:

Four.

# 32 MR. HARMON:

And how many swatches were in the substrate control bindle?

# 33 MR. YAMAUCHI:

One.

# 34 MR. HARMON:

Now, do these swatches vary in size?

# 35 MR. YAMAUCHI:

Yes, they do.

# 36 MR. HARMON:

And your sketches actually reflect the different sizes or the relative differences?

# 37 MR. YAMAUCHI:

Very approximate.

# 38 MR. HARMON:

Okay. 48, how many swatches were in the stain bindle?

# 39 MR. YAMAUCHI:

Two.

# 40 MR. HARMON:

And how many swatches were in the substrate control bindle?

# 41 MR. YAMAUCHI:

There was one.

# 42 MR. HARMON:

47, how many swatches were in the stain bindle?

# 43 MR. YAMAUCHI:

Eight.

# 44 MR. HARMON:

How many swatches were in the substrate control?

# 45 MR. YAMAUCHI:

One.

# 46 MR. HARMON:

And 41, how swatches were in the stain bindle?

# 47 MR. YAMAUCHI:

Four.

# 48 MR. HARMON:

And how many swatches were in the substrate control bindle?

# 49 MR. YAMAUCHI:

One.

# 50 MR. HARMON:

42, how many swatches were in the stain bindle?

# 51 MR. YAMAUCHI:

Six.

# 52 MR. HARMON:

And how many swatches were in the substrate control bindle?

# 53 MR. YAMAUCHI:

One.

# 54 MR. HARMON:

Okay. I want to go back to the first DQ-Alpha run that you testified about, the results that you produced, and one of the stains and substrate controls that we did not discuss yesterday was 47 and the 47 substrate control. Do you recall that?

# 55 MR. YAMAUCHI:

Yes.

# 56 MR. HARMON:

Did you, as a result of the PCR DQ-Alpha testing in this case, did you produce typeable results from that substrate control, a reportable result?

# 57 MR. YAMAUCHI:

On item no. 47?

# 58 MR. HARMON:

Yes. Maybe you ought to start out with did you get a C dot on that stain or on that strip?

# 59 MR. YAMAUCHI:

Well, let me refer to that particular note.

# 60 MR. HARMON:

Sure.

# 61 (Brief pause.)

# 62 MR. YAMAUCHI:

No C dot.

# 63 MR. HARMON:

Okay. And as a result of not having a C dot are you able to report a result, typeable result from that strip?

# 64 MR. YAMAUCHI:

No, I don't report one out.

# 65 MR. HARMON:

Okay. And what about the substrate control, was that processed in the sequence that you described yesterday?

# 66 MR. YAMAUCHI:

Yes.

# 67 MR. HARMON:

And did that produce a typeable result?

# 68 MR. YAMAUCHI:

No.

# 69 MR. HARMON:

And let's shift to another stain that was in that sequence, item 42 that was processed, that was one of the potential reference samples that was provided to you?

# 70 MR. YAMAUCHI:

Yes.

# 71 MR. HARMON:

Did that produce a typeable result?

# 72 MR. YAMAUCHI:

No, it did not.

# 73 MR. HARMON:

Okay. Is that because of another thing with the C dot?

# 74 MR. YAMAUCHI:

Yes. Once again, the C dot was very weak.

# 75 MR. HARMON:

And when you see whatever you saw in that, how do you report that? As inconclusive?

# 76 MR. YAMAUCHI:

Yes.

# 77 MR. HARMON:

Okay. Was the substrate control for 42 also processed in the sequence of events?

# 78 MR. YAMAUCHI:

Yes, it was.

# 79 MR. HARMON:

Okay. Did you produce a typeable result on that?

# 80 MR. YAMAUCHI:

No.

# 81 MR. HARMON:

Okay. What does it mean when you don't get a C dot?

# 82 MR. YAMAUCHI:

Well, the C dot is something that the manufacturer had to design, because after all, they are the ones that are making these strips and balancing out the correct amounts of components in them so that we can interpret this and give results and make conclusions on them. So they have designed and balanced the C dot in there to help us have an indication of where the reliability is. Now, if we know there is a C dot and it is distinct, then we can reliably make--draw conclusions as to the results we get and that is why they have this developed within their system, to help us, the analysts, make these decisions.

# 83 MR. HARMON:

Okay. I believe when we closed yesterday you described some of the records that you kept in this first DQ-Alpha run, and one of the items that you had described was the DNA electrophoresis record, the product gel?

# 84 MR. YAMAUCHI:

Yes.

# 85 MR. HARMON:

And also a three-page document that is called "Serology case work summary sheet"?

# 86 MR. YAMAUCHI:

Serology--yes.

# 87 MR. HARMON:

And just to go back or touch bases on where we left off yesterday, you had described the three-page serology case work summary sheet as a summary sheet of information derived from other records?

# 88 MR. YAMAUCHI:

Yes.

# 89 MR. HARMON:

Okay. And did you make some sort of misnumbering error when you filled out the summary sheet?

# 90 MR. YAMAUCHI:

Yes, I did.

# 91 MR. HARMON:

And can you describe that error, please.

# 92 MR. YAMAUCHI:

Well, we take our records by assigning number runs to each of the major steps in our analysis, and then in order, so that later on if we are asked questions or we need to access some information, we take these number runs and we put them all on to one reference sheet. And in that reference sheet, I didn't catch this before, but I made an error and I wrote down 60 instead of the actual 61 run which is written on my sheets that I keep--keep with my analysis.

# 93 MR. HARMON:

Okay. In a moment I will have these marked. May I have marked as, excuse me, your Honor, People's 282 for identification a three-page document that is entitled "Serology case work summary sheet" and the next line says "DNA analysis."

# 94 THE COURT:

All right. So marked, 282.

# 95 (Peo's 282 for id = work sheet)

# 96 (Discussion held off the record between Defense counsel.)

# 97 MR. HARMON:

And then as People's exhibit 283, a sheet entitled "DNA electrophoresis record product gel, it is page l-175. May I write those numbers on the face of those, your Honor?

# 98 THE COURT:

You may.

# 99 MR. HARMON:

Thank you.

# 100 (Peo's 283 for id = DNA record product gel)

# 101 MR. SCHECK:

Your Honor, I have an entireties okay.

# 102 THE COURT:

I'm sorry?

# 103 MR. SCHECK:

Entireties objection.

# 104 THE COURT:

356 objection?

# 105 MR. SCHECK:

Yes.

# 106 THE COURT:

That is what that is.

# 107 MR. SCHECK:

Yes.

# 108 THE COURT:

All right. Overruled. I mean, you are the adverse party.

# 109 MR. HARMON:

Mr. Yamauchi, let's--I just want to show you what has been marked as 282 for identification. Is this the summary sheet that you made that numbering error on?

# 110 MR. YAMAUCHI:

Yes.

# 111 MR. HARMON:

Showing you 38. 283 for identification, is this the sheet that had the actual numbers that you wrote when you did the work in this case?

# 112 MR. YAMAUCHI:

The product gel?

# 113 MR. HARMON:

The amplification number, yeah. Does that have the correct numbers on it?

# 114 MR. YAMAUCHI:

Oh, yes, down this amp tube row, that would be the correct number, but there is another sheet for the amplification itself that has the number on it.

# 115 MR. HARMON:

Does 283 have the correct number as well?

# 116 MR. YAMAUCHI:

Yes, it does.

# 117 MR. HARMON:

Okay. Could we put 283 on the elmo, your Honor?

# 118 THE COURT:

Yes.

# 119 (Brief pause.)

# 120 MR. HARMON:

Mr. Yamauchi, could you refer to the column that has the correct number on it on 283.

# 121 MR. YAMAUCHI:

Where it says "Amp tube," down that row, that would show the series--the amplification series 61.

# 122 MR. HARMON:

And when you say amplification series, can you tell us what those numbers mean and why they are in that sequence?

# 123 MR. YAMAUCHI:

Sure. Certainly. We--in order to organize our work, the extraction process gets a particular number. In this case the extraction would have been the extraction no. 84 and that follows the list of all those numbers down. And then in the amplification, the part that I talked about where we are putting the thing in the tubes, the actual machine, the thermocycler, that gets another number assigned to it for each amplification that is done. In this particular case amplification no. 61 was the one that was assigned.

# 124 MR. HARMON:

Okay. Under the column item number where it has "84-184-2," are those the correct numbers?

# 125 MR. YAMAUCHI:

For the extraction, yes.

# 126 MR. HARMON:

Okay. Can we put just the first sheet of exhibit 282 up there, your Honor. This is the serology case work summary sheet.

# 127 THE COURT:

Yes.

# 128 (Brief pause.)

# 129 MR. HARMON:

Okay. Mr. Yamauchi, can you direct us to the column with you made the numbering mistake?

# 130 MR. YAMAUCHI:

Okay. That would be under--I'm going to look at my own copy.

# 131 MR. HARMON:

Sure.

# 132 MR. YAMAUCHI:

(Witness complies.) Where it says "Amp number" that series, that 60 dash should all indicate 61.

# 133 MR. HARMON:

Okay. So you made a numerical mistake?

# 134 MR. YAMAUCHI:

Yes.

# 135 MR. HARMON:

When did you--when did you actually fill out the serology case work summary sheet that we are looking at here?

# 136 MR. YAMAUCHI:

Usually this particular sheet or set of sheets for the sample is filled out after the analysis is completed. It is used, as I said before, as something to give us a quick reference.

# 137 MR. HARMON:

Okay. Does the sheet on the left-hand column--can you move that over a little bit where it says "EX" and the number sign--does that have the correct numbers for the individual items?

# 138 MR. YAMAUCHI:

For the extraction, yes, it does.

# 139 MR. HARMON:

Okay. And have you--does--does this misnumbering mistake in any way undermine the results that you have described to this jury?

# 140 MR. SCHECK:

Objection, calls for a conclusion.

# 141 THE COURT:

Overruled.

# 142 MR. YAMAUCHI:

No, it doesn't. Like I said before, this is just a sheet that we make afterwards to reference the information, to give us an easier time in looking up stuff.

# 143 MR. HARMON:

And is there actually some other case that has amplification no. 60-1 down the line?

# 144 MR. YAMAUCHI:

Yes, there is.

# 145 MR. HARMON:

And have you actually looked to see if there is such another case?

# 146 MR. YAMAUCHI:

Yes.

# 147 MR. HARMON:

And is it different than this case?

# 148 MR. YAMAUCHI:

Yes.

# 149 MR. HARMON:

Thanks, Mr. Yamauchi.

# 150 MR. HARMON:

Okay. Mr. Yamauchi, you told us yesterday you went home or you checked out shortly after eight o'clock at night on June 14th. Do you recall about what time you got to work on the 15th?

# 151 MR. YAMAUCHI:

Probably around 7:00 to 7:30, somewhere in there.

# 152 MR. HARMON:

Okay. When you went home that night did you have any idea whether or not there was going to be additional work for you to do on this case on June 15th?

# 153 MR. YAMAUCHI:

No, I wasn't.

# 154 MR. HARMON:

Okay. When you got in, did you learn otherwise?

# 155 MR. YAMAUCHI:

Yes.

# 156 MR. HARMON:

Okay. What was your first contact on June 15th, the next day, with respect to this case?

# 157 MR. YAMAUCHI:

I believe I talked to Mr. Matheson.

# 158 MR. HARMON:

Where did you have that conversation?

# 159 MR. YAMAUCHI:

That would be in serology.

# 160 MR. HARMON:

Okay. Do you recall if anybody else was there?

# 161 MR. YAMAUCHI:

Well, eventually Philip Vannatter.

# 162 MR. HARMON:

Okay. And where did you meet Mr. Vannatter or Detective Vannatter?

# 163 MR. YAMAUCHI:

As I recall it was in serology also.

# 164 MR. HARMON:

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

# 165 MR. YAMAUCHI:

Yes.

# 166 MR. HARMON:

Okay. What conversation did you have?

# 167 MR. YAMAUCHI:

To the best of my recollection it had to do with, "Yes, well, Dennis has some more samples for you and Detective Vannatter has some exemplars."

# 168 MR. HARMON:

When you say "Exemplars," you mean reference samples?

# 169 MR. YAMAUCHI:

Yes, I do.

# 170 MR. HARMON:

Did you get those reference samples from Detective Vannatter?

# 171 MR. YAMAUCHI:

Yes.

# 172 MR. HARMON:

Can you describe the condition they were in when he gave them to you?

# 173 MR. YAMAUCHI:

In the regular Coroner's sample they would be in the purple-cap tubes in gray envelopes.

# 174 MR. HARMON:

Okay. Did they have Coroner's numbers on them?

# 175 MR. YAMAUCHI:

I will have to refer to my notes.

# 176 MR. HARMON:

Sure. Did you write that sort of information down in your notes?

# 177 MR. YAMAUCHI:

Umm, most likely I did. I will have to check.

# 178 MR. HARMON:

Okay. Would you do that?

# 179 MR. YAMAUCHI:

(Witness complies.) actually, according to my notes--I said they were in gray envelopes. According to my notes they were in a manila envelope and contained one purple-cap tube, "Brown, Simpson, Nicole, 94-05136" and that is what was on the tube.

# 180 MR. HARMON:

Okay. That was Nicole Brown Simpson's reference sample?

# 181 MR. YAMAUCHI:

Right. And then another sample, one purple-cap tube, "Goldman, Ronald, 94-05135."

# 182 MR. HARMON:

Other than receiving the tubes from Detective Vannatter, did you have any other conversation with him?

# 183 MR. YAMAUCHI:

Nothing that stands out in my mind.

# 184 MR. HARMON:

Okay. Did you do anything with those tubes in the analyzed evidence envelopes?

# 185 MR. YAMAUCHI:

They were used to make the same exemplar swatch cards.

# 186 MR. HARMON:

And where did you do that?

# 187 MR. YAMAUCHI:

In the serology unit.

# 188 MR. HARMON:

And why did you do it in the serology unit?

# 189 MR. YAMAUCHI:

Well, generally speaking, that is where I'm used to doing my work.

# 190 MR. HARMON:

Is that where you were when you received them?

# 191 MR. YAMAUCHI:

Yes, it was.

# 192 MR. HARMON:

Okay. Did you prepare those fitzco cards again?

# 193 MR. YAMAUCHI:

Yes.

# 194 MR. HARMON:

Did you prepare them in the same manner that you prepared Mr. Simpson's fitzco card the day before?

# 195 MR. SCHECK:

Objection, your Honor.

# 196 THE COURT:

Sustained. Rephrase the question.

# 197 MR. HARMON:

How did you prepare them in comparison with how you prepared Mr. Simpson's reference card the day before?

# 198 MR. YAMAUCHI:

Basically the same technique was used.

# 199 MR. HARMON:

You wore gloves?

# 200 MR. YAMAUCHI:

Yes.

# 201 MR. HARMON:

Did you change gloves between preparation of each of the fitzco cards?

# 202 MR. SCHECK:

Objection, objection, leading.

# 203 THE COURT:

Sustained.

# 204 MR. HARMON:

What did do you with respect to your gloves between preparing each of the fitzco cards?

# 205 MR. YAMAUCHI:

Well, as I explained earlier, when you are dealing with blood tubes, it--it is highly likely you are going to get blood on them, so I changed my gloves between doing these blood tube exemplars.

# 206 MR. HARMON:

And yesterday you described putting a chem-wipe over the top of the tube when you--

# 207 MR. SCHECK:

Objection, leading.

# 208 THE COURT:

Overruled.

# 209 MR. HARMON:

--when you took the cap off. Do you remember that?

# 210 MR. YAMAUCHI:

Yes.

# 211 MR. HARMON:

Did you do that with both of these?

# 212 MR. YAMAUCHI:

Yes.

# 213 MR. SCHECK:

Objection, leading.

# 214 THE COURT:

Overruled.

# 215 MR. HARMON:

Were the gray analyzed envelopes sealed when they were given to you?

# 216 MR. SCHECK:

Objection, leading.

# 217 THE COURT:

Approach the side bar with the reporter, please.

Temperature

procedural

Key Quotes (4)

Collin Yamauchi

They have designed and balanced the C dot in there to help us have an indication of where the reliability is. Now, if we know there is a C dot and it is distinct, then we can reliably make--draw conclusions as to the results we get.

Explains why untypeable results were reported — the built-in quality control mechanism failed, making results inconclusive rather than fabricated or contaminated.

Collin Yamauchi

According to my notes they were in a manila envelope and contained one purple-cap tube, 'Brown, Simpson, Nicole, 94-05136' and that is what was on the tube.

Establishes chain of custody for Nicole Brown Simpson's reference blood, received directly from Vannatter — a key defense target for contamination/planting theories.

Collin Yamauchi

That 60 dash should all indicate 61.

Acknowledges a clerical error on the summary sheet — a detail the defense would later use to suggest sloppy or unreliable lab work.

Collin Yamauchi

When you are dealing with blood tubes, it is highly likely you are going to get blood on them, so I changed my gloves between doing these blood tube exemplars.

Explains his glove-change protocol — relevant to defense contamination arguments about the reference samples being mixed with crime scene evidence.

Evidence (5)

People's 282

Three-page serology case work summary sheet / DNA analysis — the document containing the '60' vs '61' amplification numbering error

introduced, displayed on ELMO

People's 283

DNA electrophoresis record product gel (page L-175) — shows correct amplification number 61

introduced, displayed on ELMO

Informal

Blood swatches from Bundy walkway items 52, 49, 50, 48, 47, 41, 42 — stain and substrate control bindles with varying swatch counts

discussed

Informal

Purple-cap blood reference tube for Nicole Brown Simpson (Coroner's no. 94-05136), received from Vannatter on June 15

discussed

Informal

Purple-cap blood reference tube for Ronald Goldman (Coroner's no. 94-05135), received from Vannatter on June 15

discussed

Notable Exchanges (2)

Barry Scheck•Lance A. Ito

Scheck raised a '356 entireties objection' to People's 282 and 283; Ito overruled, noting Scheck is the adverse party.

procedural

Rockne Harmon•Barry Scheck•Lance A. Ito

Scheck objected repeatedly to Harmon's leading questions about glove-changing and chem-wipe procedures during fitzco card preparation — two sustained, two overruled. The proceeding ended at a sidebar after Scheck objected to a question about whether sealed envelopes were sealed.

strategic

Credibility Attacks (1)

⚔ Collin Yamauchi

prior inconsistent records

Harmon pre-emptively addressed a numbering error on the serology summary sheet (writing amplification run '60' instead of '61') — Yamauchi acknowledged the mistake but explained it was a clerical error on a reference sheet, not the underlying analytical records.

Witness Demeanor

(Brief pause.) — multiple times while Yamauchi consulted his notes

(Witness complies.) — when directed to look up notes on Coroner's tube numbers

Objections

7 objections (2 sustained, 4 overruled)

Proceeding 6192 • 217 utterances • Prosecution witness

Criminal Trial

Department 103