📄 Direct examination of Collin Yamauchi (part 2) — 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

Direct examination of Collin Yamauchi (part 2)

Witness: Collin Yamauchi
Examiner: Rockne Harmon
Called by: Prosecution • Date: Thursday, May 25, 1995 • Utterances: 224
Collin Yamauchi, an LAPD DNA analyst, continued his direct examination covering his handling of Nicole Brown Simpson and Ronald Goldman's blood reference samples (items 59 and 60), their transfer to Dennis Fung at 9:25 a.m. on June 15, and his PCR/DQ-Alpha typing of Bronco evidence items. Critically, he testified that blood from the Bronco's driver's door interior (item 23) and driver's side carpet (item 25) both typed as 1.1, 1.2 — consistent with O.J. Simpson and inconsistent with both victims. Item 31 was inconclusive due to an apparent mixture.
1 THE COURT:

All right. Thank you very much, counsel. Proceed.

2 MR. HARMON:

Thank you, your Honor.

3 MR. HARMON:

Mr. Yamauchi, what sort of instrument or tool did you use to draw the blood from the tubes in preparation of the fitzco cards?

4 MR. YAMAUCHI:

The pipette-man that I described yesterday.

5 MR. HARMON:

Okay. And did you change the tips as you described yesterday?

6 MR. YAMAUCHI:

Of course.

7 MR. HARMON:

What did you do with those cards after you put the blood on them?

8 MR. YAMAUCHI:

They were laid out to dry along the edge of the hood system I have at the edge of my work station.

9 MR. HARMON:

And what kind of hood is that?

10 MR. YAMAUCHI:

I'm not sure.

11 MR. HARMON:

Did you, before--let's talk about one of these samples at a time. Did Nicole Brown Simpson's reference sample, which you've described as Coroner's no. 94-05136, was that ultimately assigned an evidence item number?

12 MR. YAMAUCHI:

Yes, it was.

13 MR. HARMON:

What was that?

14 MR. YAMAUCHI:

Item no. 59.

15 MR. HARMON:

And the same question with respect to Ronald Goldman's reference sample, what item was that given?

16 MR. YAMAUCHI:

That would be item no. 60.

17 MR. HARMON:

When you first observed Nicole Brown Simpson's reference sample, which was item no. 59, did you make any specific notation of how much blood was in there?

18 MR. YAMAUCHI:

No. I--I would have noted whether or not it is an ample amount.

19 MR. HARMON:

Okay. Have you ever noted how much blood, I mean, recorded how much blood was in a reference sample that was provided to you, when you first saw it, in your career?

20 MR. YAMAUCHI:

Something accurate, no.

21 MR. HARMON:

Okay. The same question with respect to Ronald Goldman's reference sample. Did you make any notation of how much blood was in that tube before you drew any to prepare the fitzco card?

22 MR. YAMAUCHI:

Once again, I wrote "Ample" down indicating to me that scientifically there was enough there for us to do our analyses.

23 MR. HARMON:

Okay. How much blood did you withdraw from item no. 59, the reference sample from Nicole Brown?

24 MR. YAMAUCHI:

Well, I don't have it in my notes, but once again, going by what my normal procedure is, I would have probably drawn up approximately one ml.

25 MR. HARMON:

Okay. And as you described yesterday with Mr. Simpson's reference sample, when you prepared the fitzco card, do you have a specific notation in there as to how much you put on the card for the one for Nicole Brown?

26 MR. YAMAUCHI:

No, but once again, it is approximately 200 microliters or so.

27 MR. HARMON:

Do you recall if there was any--any of the blood left in the pipette tip when you disposed of it?

28 MR. YAMAUCHI:

I don't recall. If there was, once again, my practice is not to put that back into the tube, but to dispose of the tip with the excess blood.

29 MR. HARMON:

All right. And how much--do you have a specific recollection of how much you put on the reference--on the fitzco card for Mr. Goldman?

30 MR. YAMAUCHI:

Once again, approximately one ml would be my standard practice.

31 MR. HARMON:

And same question about the tip. Do you specifically recall whether there was anything left in that disposable tip?

32 MR. YAMAUCHI:

No, I do not.

33 MR. HARMON:

And did you follow your practice, and if there was, not put it back in the tube?

34 MR. YAMAUCHI:

That's correct.

35 MR. HARMON:

Now, just to jump ahead for a second. When these cards are dry are they handled or stored in any different way--in any way different than the tubes are?

36 MR. YAMAUCHI:

They are--well, they have a separate pouch that--that is made by the manufacturer that actually stores these--these blood swatches, and in them they have a desiccant. That is something that allows things to stay dry, kind of like you might find in a pack of vitamins, it is very similar, and that is stuck in along with the blood swatch in this foil-lined envelope and that is how that is stored.

37 MR. HARMON:

Where does it end up?

38 MR. YAMAUCHI:

That would be frozen.

39 MR. HARMON:

What about the tubes, where are the tubes or how are the tubes stored?

40 MR. YAMAUCHI:

Well, the tubes, after the analysis and everything, it is eventually frozen, too.

41 MR. HARMON:

Okay. And when you were finished making your preparations for the fitzco card, what did you do with those tubes?

42 MR. YAMAUCHI:

Finished--

43 MR. HARMON:

You made the fitzco card, you have the tubes. What did you do with those tubes?

44 MR. YAMAUCHI:

The--I would have been doing extracts? Is that what you mean?

45 MR. HARMON:

No. Where did the tubes end up?

46 MR. YAMAUCHI:

You mean after I was done with the extract and everything?

47 MR. HARMON:

After you made the filter cards?

48 MR. YAMAUCHI:

Well, I would have made the filter cards before I went to go sample the tubes and then put the evidence into the tubes, so they wouldn't have been--there wouldn't have been tubes yet.

49 MR. HARMON:

Okay. Do you recall giving those tubes to Mr. Fung at any point?

50 MR. SCHECK:

Objection, leading.

51 THE COURT:

Sustained.

52 MR. HARMON:

Would it help to refresh your recollection to look at your those with regard to what you did with those tubes that morning?

53 THE COURT:

When you said "Tubes" are we talking tubes, vials? What we are talking about.

54 MR. HARMON:

The vial of blood, 59 and 60?

55 MR. YAMAUCHI:

I'm sorry. I understand now. I thought you were referring to the microcentrifuge tubes. Okay. The vials of blood were taken over to Mr. Fung.

56 MR. HARMON:

Do you have a specific notation in your records about that?

57 MR. YAMAUCHI:

Yes, I do.

58 MR. HARMON:

Do you recall what time it was you gave them to Mr. Fung?

59 MR. YAMAUCHI:

About 9:25 on the 15th of June.

60 MR. HARMON:

And where did you give--where were you when you gave those tubes or the reference vials to him?

61 MR. YAMAUCHI:

I gave them to him in the evidence processing room.

KEY QUOTE
62 MR. HARMON:

Okay. Now, the--does the evidence processing room have a similar log that records when you put your badge up to the censor?

63 MR. YAMAUCHI:

Yes. Our access cards are recorded somewhere in the lab through a computer system.

64 MR. HARMON:

At some time soon after you gave those reference samples that were in the tubes to Mr. Fung, did you have a conversation with him about other evidence items that he had collected?

65 MR. SCHECK:

Objection, leading as to--

66 THE COURT:

Sustained.

67 MR. HARMON:

Did you have any conversation with Dennis Fung soon after you gave him those reference samples?

68 MR. SCHECK:

Objection, leading.

69 THE COURT:

Sustained.

70 MR. HARMON:

Did you talk to Dennis Fung at any time after you gave him the reference samples?

71 MR. YAMAUCHI:

Yes.

72 MR. HARMON:

Okay. When was that?

73 MR. YAMAUCHI:

Well, sometime after that we would have discussed what the evidence items were that he would have had for me to sample.

74 MR. SCHECK:

Objection, move to strike; speculation.

75 THE COURT:

Overruled.

76 MR. HARMON:

And which items did you discuss with Mr. Fung?

77 MR. SCHECK:

Objection, hearsay.

78 THE COURT:

Sustained.

79 MR. HARMON:

Did you process the items that you discussed with Mr. Fung?

80 MR. SCHECK:

Objection, leading. Assumes a fact not in evidence.

81 THE COURT:

Sustained.

82 MR. HARMON:

What items did you process after your conversation with Mr. Fung?

83 MR. YAMAUCHI:

No. 33, no. 23, no. 25, no. 31, no. 34, no. 12 and no. 14.

84 MR. HARMON:

And why did you process those items?

85 MR. YAMAUCHI:

Because it was discussed with Dennis Fung and he--that was his suggestion--

86 MR. SCHECK:

Motion, move to strike any hearsay that might follow from this conversation.

87 THE COURT:

Overruled. It is not hearsay. Offered for a limited purpose only, to explain the conduct after that was said. Proceed.

88 MR. SCHECK:

Up to this time, what he may say next.

89 THE COURT:

Proceed. Ask your next question.

90 MR. HARMON:

Thank you, your Honor.

91 MR. HARMON:

So you processed 33, 23, 25, 31, 34, 12 and 14?

92 MR. YAMAUCHI:

Yes.

93 MR. HARMON:

And how many of those had substrate controls along with them?

94 MR. YAMAUCHI:

33 did not, 23 did have a control, 25 had two control swatches, 31 had one control swatch, 34 had one control swatch, 12 had one control swatch and 14 had one control swatch.

95 MR. HARMON:

Okay. Mr. Yamauchi, let's go back then and talk about how many swatches, excuse me, were within each of the stain items in those various same samples--you made the same kind of notation and record about the sampling process as you did on the run that you did on the 14th?

96 MR. YAMAUCHI:

Yes.

97 MR. HARMON:

Okay. And if it would help to look at your notes to refresh your recollection, let's take them item by item, describe the number of swatches. May I supplement that with one more thing and describe how much you removed for your own sampling?

98 MR. YAMAUCHI:

Okay. On 33, that was--that was something that was removed from a shoeprint on a piece of carpet by Dennis Fung and was kind of a glump of material and I used that piece of sample for my analysis.

99 MR. HARMON:

That is the one with no substrate control?

100 MR. YAMAUCHI:

Yes.

101 MR. HARMON:

Okay. Next sample?

102 MR. YAMAUCHI:

And then no. 23 there were two what appears to be small cloth swatches and I used one of those for my analysis. And on no. 25 there is a test-tube with cloth swatches in it and I have here written "Carpet fibers" with two groups of material and one of those was sampled for analysis. And then on 31 there is test-tube with cloth swatches, and there was one swatch in it, and I sampled half of that for analysis. On 34, again test-tube with cloth swatches, and there was one swatch in it, and I sampled that for analysis. And on no. 12, in a paper bindle, there is 1, 2, 3, 4, 5, 6, 7, 8--8 pieces and I sampled one of those pieces for analysis. And on no. 14 there is one small piece of swatch or some type of transfer material and I used that entire sample up for analysis.

103 MR. HARMON:

Now, you have described--just in describing those items, you have described some of them were in tubes?

104 MR. YAMAUCHI:

Yes.

105 MR. HARMON:

And some of them were in paper bindles?

106 MR. YAMAUCHI:

Yes.

107 MR. HARMON:

Okay. Now, are you familiar with the drying process that Mr. Fung uses to dry wet swatches?

108 MR. YAMAUCHI:

Yes, I understand how it works.

109 MR. HARMON:

And based on your familiarity with his drying process, what is the significance of seeing those things in the tubes that morning?

110 MR. SCHECK:

Objection, calls for speculation.

111 THE COURT:

Overruled.

112 MR. YAMAUCHI:

Well, Mr. Fung tends to dry his swatches in test-tubes, and that would have been the stage at which this would have taken place.

113 MR. HARMON:

Okay. And then what about the two that were in the bindles already, 12 and 14?

114 MR. YAMAUCHI:

Those would--

115 MR. SCHECK:

I think--did he say tubes? I'm sorry. Did you mean--

116 THE COURT:

Rephrase the question.

117 MR. HARMON:

You have described no. 12, the substrate, the stain and substrate control, and 14, the stain and substrate control, as having been in bindles. What is the significance of that?

118 MR. YAMAUCHI:

Okay. Then I would assume he took the tubes.

119 MR. SCHECK:

Excuse me. Motion to strike what he assumes.

120 THE COURT:

Sustained.

121 MR. HARMON:

What is the significance of the fact that they are already in bindles?

122 MR. SCHECK:

Objection, calls for speculation.

123 THE COURT:

"Significance" doesn't. What point in the process is this?

124 MR. YAMAUCHI:

They would have been dried and placed into the bindles.

125 MR. SCHECK:

Motion to strike as to what would have happened.

126 THE COURT:

Overruled.

127 MR. HARMON:

Now, did you sample the stains and substrate control in the same manner that you sampled the stains and substrate control on June 14th?

128 MR. SCHECK:

Objection, leading.

129 THE COURT:

Sustained.

130 MR. HARMON:

What manner did you sample the stains and substrate controls that you just described; 33, 23, 23 control, 25, 25 control, 31, 31 control, 34, 34 control, 12, 12 control, 14, 14 control?

131 MR. YAMAUCHI:

I would have utilized the same handling proceedings and techniques that I did on the previous day.

132 MR. HARMON:

Same precautions?

133 MR. YAMAUCHI:

Yes.

134 MR. HARMON:

Same reasons?

135 MR. YAMAUCHI:

Yes.

136 MR. HARMON:

Did you have more than one coin envelope at a time during the sampling process on June 15th?

137 MR. SCHECK:

Objection, leading.

138 MR. YAMAUCHI:

Yes.

139 MR. HARMON:

You did ever open more than one coin envelope at a time?

140 MR. YAMAUCHI:

You said "Never."

141 MR. HARMON:

I said ever. Let's get it--

142 MR. YAMAUCHI:

No.

143 MR. HARMON:

Okay. After you sampled all of these items in the manner that you sampled the items the day before, what did you do with them?

144 MR. YAMAUCHI:

The--after the sampling was done, the rack of microcentrifuge tubes would have been carried back to the serology unit for further analysis.

145 MR. HARMON:

Now, when--strike that. Did you take any samples from 59 and 60, the two fitzco--strike that. Did you take any cuttings for the PCR processing for the two fitzco cards that you've described you made earlier that morning?

146 MR. SCHECK:

Object to this form of question as leading.

147 THE COURT:

Overruled.

148 MR. YAMAUCHI:

Yes, I did.

149 MR. HARMON:

And when did do you that in the sequence of events?

150 MR. YAMAUCHI:

I would have sampled those after I got back to the serology unit.

151 MR. HARMON:

Will you describe the manner in which you sampled those two cards?

152 MR. YAMAUCHI:

It would have been done in the same fashion as I had described for the day before for the other sample card.

153 MR. HARMON:

Using the same safeguards?

154 MR. YAMAUCHI:

Yes.

155 MR. HARMON:

At some point, after sampling the two fitzco cards from 59 and 60, did you begin the PCR process?

156 MR. YAMAUCHI:

I would have done the extraction, yes.

157 MR. HARMON:

In the same manner you described yesterday concerning the run that you did on June 14th?

158 MR. YAMAUCHI:

Yes.

159 MR. HARMON:

In what order did you perform the extraction on these samples?

160 MR. YAMAUCHI:

Again, in reference to my extraction record, I have listed item no. 23, red stain and then control, item no. 25, red stain and then control, item no. 31, red stain and then control, item no. 33, red stain, item no. 34, red stain, item no. 34 control, item no. 12, red stain, item no. 12 control, item no. 14, red stain, item no. 14 control, and then blood exemplar, Coroner's blood exemplar, brown, Nicole--or brown, Simpson Nicole, and then again blood exemplar from the Coroner as Goldman, Ronald, and then there would be that positive control standard, blood standard, followed by the negative control cloth control.

161 MR. HARMON:

Now, why do you have the cuttings from the fitzco cards at the end of the line as you did in this case?

162 MR. YAMAUCHI:

Well, that--that was kind of the order that everything took place and for some reason I tend to keep my--my exemplars grouped at the end.

163 MR. HARMON:

Did you use the chelex extraction process once again?

164 MR. YAMAUCHI:

Yes, I did.

165 MR. HARMON:

And how long did it take? About the same length of time as it took the day before?

166 MR. YAMAUCHI:

Yes.

167 MR. HARMON:

And after you performed the extraction process, what did you do next with regard to these samples?

168 MR. YAMAUCHI:

Well, after the extraction process I would have taken the extracts over to PAB where our other amplification lab is held at.

169 MR. HARMON:

Perform the amplification there in the manner you performed the amplifications the day before?

170 MR. YAMAUCHI:

Yes, I did.

171 MR. HARMON:

Same safeguards?

172 MR. YAMAUCHI:

Yes.

173 MR. HARMON:

Okay. After you performed the amplification, what did you do?

174 MR. YAMAUCHI:

After doing the amplification, then the next step would be the hybridization.

175 MR. HARMON:

Same manner you did the day before?

176 MR. YAMAUCHI:

Yes.

177 MR. SCHECK:

Your Honor, I just have a standing objection.

178 THE COURT:

Noted.

179 MR. HARMON:

Did you produce results from some of the samples that you processed on June 15th in the manner you have just described?

180 MR. YAMAUCHI:

Yes.

181 MR. HARMON:

Before we discuss the typing results on the stains, did you produce any typing results from any of the substrate controls that you processed along with the stains in this case; 23 substrate control, 25 substrate control, 31 substrate control, 34 substrate control, 12 control and 14 control?

182 MR. YAMAUCHI:

No.

183 MR. HARMON:

Did any of the other negative controls that you've described yesterday produce any typing results?

184 MR. YAMAUCHI:

The negative controls, no.

185 MR. HARMON:

Did--did the positive control perform the way it should have performed in this case?

186 MR. YAMAUCHI:

Yes. It was as expected.

187 MR. HARMON:

Mr. Yamauchi, I would like to talk about the results now, if we can.

188 (Discussion held off the record between the Deputy District Attorneys.)
189 MR. HARMON:

Your Honor, I would like to display for the jury at this time the Bronco photo and result boards which are respectively People's 172 and People's 260.

190 THE COURT:

Proceed.

191 MR. HARMON:

Thank you, your Honor.

192 MR. HARMON:

Mr. Yamauchi, while we are getting set up with that, to move things along, can you tell the jury what typing result you produced from item no. 23 from the Bronco?

193 MR. YAMAUCHI:

1.1, 1.2.

194 (Brief pause.)
195 MR. HARMON:

Mr. Yamauchi, could you step down and I'm going to ask you to look up on our result board for the Bronco automobile, People's 260 for identification. And you got a 1.1, 1.2 in your typing?

196 MR. YAMAUCHI:

In no. 23?

197 MR. HARMON:

No. 23. Would you remove the cover under "PCR results" for item no. 23. Do you see it up there?

198 (Witness complies.)
199 MR. HARMON:

Is that the result that you obtained from the Bronco, the driver's door interior?

200 MR. YAMAUCHI:

Yes.

201 MR. HARMON:

And from among the three reference samples that you typed, two on the 15th, Mr. Simpson on the 14th, whom is that result consistent with?

202 MR. YAMAUCHI:

Mr. Simpson.

203 MR. HARMON:

Okay. Could you remove the cover under the "Not excluded."

204 (Witness complies.)
205 MR. HARMON:

Okay. Did you produce any typing results from item no. 25, the driver's side carpet fiber?

206 MR. YAMAUCHI:

Yes, I did.

207 MR. HARMON:

What result was that?

208 MR. YAMAUCHI:

1.1, 1.2.

209 MR. HARMON:

Could you remove the cover over 1.1, 1.2.

KEY QUOTE
210 (Witness complies.)
211 MR. HARMON:

And is that also consistent with Mr. Simpson?

212 MR. YAMAUCHI:

Yes, it is.

213 MR. HARMON:

And both of those results are inconsistent with Mr. Goldman and Nicole Brown?

214 MR. YAMAUCHI:

Yes. For this DQ-Alpha system.

215 MR. HARMON:

Sure. Could you remove the cover from over the "Not excluded" column.

216 (Witness complies.)
217 MR. HARMON:

And did you produce any typing results from item 31?

218 MR. YAMAUCHI:

31 is inconclusive.

219 MR. HARMON:

Okay. And in what regard?

220 MR. YAMAUCHI:

It contained what appeared to be somewhat of a mixture--

KEY QUOTE
221 MR. SCHECK:

Motion to strike, your Honor, inconclusive, if he is going to go beyond the Court's ruling.

222 MR. HARMON:

Your Honor, maybe we do need to approach.

223 THE COURT:

All right.

224 MR. HARMON:

Out of caution.

Temperature

procedural

Key Quotes (4)

Collin Yamauchi
1.1, 1.2.
The PCR typing result from item 23 (Bronco driver's door interior) — repeated again for item 25 — placing Simpson's DNA type in his own Bronco, a key pillar of the prosecution's case.
Collin Yamauchi
Mr. Simpson.
Yamauchi's direct answer when asked which of the three reference samples the Bronco blood was consistent with.
Collin Yamauchi
31 is inconclusive. It contained what appeared to be somewhat of a mixture--
Testimony cut off by Scheck's objection; the inconclusive/mixture result for item 31 is significant as it could suggest more than one contributor's blood was present.
Collin Yamauchi
I gave them to him in the evidence processing room... About 9:25 on the 15th of June.
Establishes the precise time and location of the reference sample handoff to Dennis Fung, a key link in the chain of custody.

Evidence (11)

People's 172
Bronco photo board
displayed to jury
People's 260
Bronco PCR result board
displayed to jury; Yamauchi removed covers to reveal typing results
Item 23
Blood from Bronco driver's door interior
typing result presented: 1.1, 1.2 — consistent with Simpson, inconsistent with victims
Item 25
Bronco driver's side carpet fiber
typing result presented: 1.1, 1.2 — consistent with Simpson, inconsistent with victims
Item 31
Blood swatch from Bronco
result declared inconclusive due to apparent mixture; testimony cut off by objection
Item 33
Material removed from shoeprint on carpet by Fung
sampled for analysis; no substrate control
+ 5 more

Notable Exchanges (3)

Rockne HarmonBarry ScheckLance A. Ito
Harmon's repeated attempts to elicit what Fung told Yamauchi about which items to process were blocked by Scheck on hearsay and leading grounds. Ito eventually allowed the testimony for the limited purpose of explaining Yamauchi's subsequent conduct, not for the truth of what Fung said.
strategic
Collin YamauchiRockne Harmon
Yamauchi corrected a miscommunication about 'tubes' — he initially thought Harmon meant microcentrifuge tubes from the extraction process rather than the reference sample vials. Required judge intervention to clarify terminology.
clarifying
Rockne HarmonBarry ScheckLance A. Ito
As Yamauchi began to describe item 31 as inconclusive due to a mixture, Scheck immediately moved to strike, and Harmon requested a sidebar 'out of caution,' suggesting the mixture testimony may implicate a prior court ruling limiting what Yamauchi could say.
strategic

Light Moments (1)

Collin Yamauchi
Yamauchi corrected Harmon's mishearing of 'ever' as 'never' regarding opening coin envelopes: 'You said "Never."' — 'I said ever. Let's get it--' 'No.'

Credibility Attacks (1)

⚔ Collin Yamauchi
highlighting lack of precise documentation
Scheck's sustained objections to speculation forced Harmon to rephrase questions, implicitly highlighting that Yamauchi relied on 'normal practice' and approximations rather than specific recorded measurements (e.g., blood volume withdrawn, amount placed on fitzco cards).

Witness Demeanor

(Witness complies.) — repeated multiple times as Yamauchi removed covers from the result board to reveal DNA typing results
(Brief pause.) — during setup of the Bronco result boards
(Discussion held off the record between the Deputy District Attorneys.)

Objections

14 objections (7 sustained, 4 overruled)
Proceeding 6194 • 224 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAY 25, 1995 📄 Direct examination of Collin Y
MAY 25, 1995 KRT DvH TD