Direct examination of Collin Yamauchi (part 3)

📄 Direct examination of Collin Yamauchi (part 3) — Thursday, May 25, 1995

Address:

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

TRIAL

▲ Day 82 of 167

◀ Sidebar: item 31 results Bronco board frequencies ▶

Witness: Collin Yamauchi
Examiner: Rockne Harmon
Called by: Prosecution • Date: Thursday, May 25, 1995 • Utterances: 115

Rockne Harmon continued his direct examination of LAPD criminalist Collin Yamauchi, walking through PCR DQ-Alpha typing results for Bronco and Rockingham evidence items. Yamauchi explained that the center console stain (item 31) showed a mixture consistent with Simpson and Goldman alleles combined, and noted that several Rockingham blood items typed as 1.1, 1.2 — consistent with Simpson, occurring in approximately 1 in 15 people. He also explained cross-hybridization and DX Activity phenomena observed in Goldman's reference sample.

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

# 2 THE COURT:

Thank you, counsel. Mr. Harmon, 10:30.

# 3 MR. HARMON:

Thank you, your Honor.

# 4 MR. HARMON:

Mr. Yamauchi, you had described that--is there a difference between reporting a typeable result and describing the observations that you made in the context of this PCR DQ-Alpha kit?

# 5 MR. YAMAUCHI:

Well, the science of it all, whatever comes up on the strips is there, and scientifically everything has significance, but once again, the control dot is there for a specific reason and that is to aid in interpretation of these dots, and so that is kind of a--kind of a paradox and I would put that on the legal end.

# 6 MR. HARMON:

Okay. You described before--a few minutes ago that what you observed on 31 was a mixture; is that correct?

# 7 MR. YAMAUCHI:

Yes.

# 8 MR. HARMON:

What did you actually see that led you to conclusion on item 31, the center console stain, that it was a mixture?

# 9 MR. YAMAUCHI:

Well, let me finish what I was about to say.

# 10 MR. HARMON:

Oh, sure.

# 11 THE COURT:

No, no, no.

# 12 MR. HARMON:

No.

# 13 THE COURT:

Ask the question. The questions have to be responsive.

# 14 MR. HARMON:

Sure.

# 15 MR. HARMON:

What did you see, and then I will ask you to explain it, what did you see on your strip results, your typing results, that led you to conclude that it was a mixture?

# 16 MR. YAMAUCHI:

Okay. It is written out 1.1, 1.2 with weak 1.3, 4, and there is a side note, "1.3 very weak."

KEY QUOTE

# 17 MR. HARMON:

Okay. And are those results consistent with a mixture of the blood from Mr. Simpson, the Defendant, in this case, and Ronald Goldman.

# 18 MR. SCHECK:

Objection, move to strike.

# 19 THE COURT:

Sustained, foundation.

# 20 MR. HARMON:

From among the three reference samples in this case, are those results consistent with a mixture of any of the two reference samples?

# 21 MR. SCHECK:

Objection, move to strike.

# 22 THE COURT:

Foundation.

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

# 24 MR. HARMON:

If you would look up at the board there, if one were to mix the reference sample of Mr. Simpson with the reference sample of Mr. Goldman, what sort of mixture would you produce?

# 25 MR. YAMAUCHI:

Again, moving back into that C dot, and the reason why this was made inconclusive is because we saw some dots that were below the level of that C dot--

# 26 MR. SCHECK:

Objection. Move to strike as nonresponsive.

# 27 THE COURT:

The jury is to disregard the last answer. Mr. Yamauchi, please answer specifically the question that is posed to you by the attorney. The question was what do you get if you mixed Ronald Goldman's reference sample with Mr. Simpson's reference sample? What result would you get?

# 28 MR. YAMAUCHI:

Well, your Honor, part of this has to do with the levels that the blood would be mixed at like if one is a higher concentration.

# 29 THE COURT:

All right. The jury is to disregard that. And ask a different question, Mr. Harmon.

# 30 MR. HARMON:

If you were to mix whole blood reference samples from Mr. Goldman and Mr. Simpson, what mixture results would show up on a DQ-Alpha strip?

# 31 MR. SCHECK:

Objection, irrelevant.

# 32 THE COURT:

Overruled.

# 33 MR. YAMAUCHI:

Okay. If you were to mix those two blood samples, I would expect to see the represented alleles from both parties.

KEY QUOTE

# 34 MR. HARMON:

And what would they be?

# 35 MR. YAMAUCHI:

Well, Mr. Simpson is 1.1, 1.2, and Mr. Goldman is--sorry, I just have to look this up to be sure--a 1.3, 1.4.

# 36 MR. HARMON:

All right. Now--

# 37 THE COURT:

Let's move on.

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

# 39 MR. HARMON:

Did you say 1.3, 4 or 1.3--

# 40 MR. YAMAUCHI:

I'm sorry, 1.3, 4.

# 41 MR. HARMON:

Okay. Thank you, Mr. Yamauchi. Item no. 33, which is on the carpet from the Bronco, were you able to produce my typeable results from that stain?

# 42 MR. YAMAUCHI:

No results.

# 43 MR. HARMON:

Item no. 34, on the driver's side, the wall on the outside of the--or the inside of the car, but to the out--toward the left side.

# 44 MR. YAMAUCHI:

Item no. 34 is a 1.1, 1.2.

# 45 MR. HARMON:

If you would, Mr. Yamauchi, could you put this cover to--just above or below the DOJ results on item 34.

# 46 (Witness complies.)

# 47 MR. HARMON:

And would it appear to you your lab--you got the same results that DOJ did?

# 48 MR. YAMAUCHI:

Yes.

# 49 MR. HARMON:

Item 12--your Honor, at this point I would like to put up exhibit 120 and the photo board for Rockingham or the rule board for Rockingham, exhibit 261.

# 50 THE COURT:

All right.

# 51 (Brief pause.)

# 52 MR. HARMON:

Your Honor, I have a correction. The interior photo board is the one we were looking for. That is exhibit 169.

# 53 THE COURT:

All right.

# 54 (Brief pause.)

# 55 MR. HARMON:

Mr. Yamauchi, let's talk about the type results that you obtained from item 12, which was inside Mr. Simpson's house on the wooden floor. What DQ-Alpha result did you get?

# 56 MR. YAMAUCHI:

On no. 12, 1.1, 1.2.

# 57 MR. HARMON:

That is consistent with Mr. Simpson?

# 58 MR. YAMAUCHI:

Yes, it is, for the DQ-Alpha system.

# 59 MR. HARMON:

And item 14 here from the master bathroom floor, what result did you get there?

# 60 MR. YAMAUCHI:

Will 1.1, 1.2.

# 61 MR. HARMON:

Okay. And lastly, in this series of tests, we mentioned yesterday what type you produced when you typed Mr. Goldman's reference sample from that fitzco card. Was--did you detect something in Mr. Goldman's blood about--that was somewhat inconsistent with the ultimate typing result?

# 62 MR. YAMAUCHI:

You mean--have would it help to look at your notes on that?

# 63 (Brief pause.)

# 64 MR. YAMAUCHI:

Observations straight from the strip 1.3, 4, and I also note a very faint 1.1.

# 65 MR. HARMON:

And is that--this very faint 1.1, is that something you are familiar with that is described in the user guide and scientific literature with respect to the DQ-Alpha system?

# 66 MR. SCHECK:

Objection, leading.

# 67 THE COURT:

Sustained. Rephrase the question.

# 68 MR. HARMON:

Have you read about a typing result of the type that you saw in Mr. Goldman's reference sample in either the user guide or any of the scientific literature?

# 69 MR. SCHECK:

Objection, still leading.

# 70 THE COURT:

Overruled.

# 71 MR. YAMAUCHI:

Well, the user guide refers to what's known as cross-hybridization which in the 1 allele, and I don't want to get too complex, but basically what happens is on these particular 1 dots, quite often they are so similar that when you have enough DNA there, they will somewhat to a certain extent cross and hybridize with the wrong point, but it only leaves a very, very faint dot that is much less than the C dot and that is another function of the C got, to give us information like that.

# 72 MR. HARMON:

Okay. Are you familiar with the term DX Activity?

# 73 MR. YAMAUCHI:

Yes. Yes, I am.

# 74 MR. HARMON:

Does that have any relation to because observed, in Mr. Goldman's reference sample--

# 75 MR. SCHECK:

Objection, leading.

# 76 THE COURT:

Sustained.

# 77 MR. HARMON:

What if anything does DX Activity have to do with what you observed in Mr. Goldman's reference sample?

# 78 MR. YAMAUCHI:

DX is also another phenomenon and what that is is the DQ-Alpha is called a locus and what DX is is another locus from another gene that is very similar to DQ-Alpha and some people, but not all, may have this, and if they do, occasionally it can show up and it does hybridize to that 1.1 dot to a very slight extent, also again showing the significance of the C dot so that we can interpret our strips, because if these things show up, they are generally very, very low inactivity and they would be well beneath the level of the C dot.

# 79 MR. HARMON:

Okay. I forgot to have you remove the covers for item 14 from the master bathroom floor. Would you remove the cover for the PCR results, 1.1, 1.2.

# 80 (Witness complies.)

# 81 MR. HARMON:

And also the "Not excluded" column.

# 82 (Witness complies.)

# 83 MR. HARMON:

Okay. You can have s seat again, Mr. Yamauchi.

# 84 (Witness complies.)

# 85 MR. HARMON:

Mr. Yamauchi, did you calculate a frequency for the occurrence of the 1.1, 1.2 DQ-Alpha allele?

# 86 MR. YAMAUCHI:

Yes, approximate general population frequency.

# 87 MR. HARMON:

When you say "Approximate general population frequency," what is that information based from or derived from?

# 88 MR. YAMAUCHI:

It is derived from known studies from the FBI, some from people at Roche and other reputable statistics, and that is approximated and weighted along with the general population for the county and specifically the city of Los Angeles.

# 89 MR. HARMON:

And what approximate percentage of the population--of the overall population that has a 1.1, 1.2 allele?

# 90 MR. YAMAUCHI:

Approximately 1 in 15 people.

KEY QUOTE

# 91 MR. HARMON:

Okay. Could we--do you have a marker up there and we've got some--will you come up here and I would like you to mark that frequency on the Rockingham results board. Right behind the board there.

# 92 MR. YAMAUCHI:

Pardon me?

# 93 THE COURT:

Mr. Harmon, I'm a little leery of the dry erase markers, the permanence of them.

# 94 (Brief pause.)

# 95 MR. HARMON:

Why don't you write it up in the "Frequency" column.

# 96 MR. YAMAUCHI:

(Witness complies.) for this one right here, right, (Indicating).

# 97 MR. HARMON:

Okay. Would you, just to complete the balance here, would you put this LAPD item no. 12 result up on item no. 12 on the Rockingham result board.

# 98 (Witness complies.)

# 99 MR. HARMON:

And that is a result that is consistent with what is reported up there from Cellmark, a 1.1, 1.2 for the DQ-Alpha marker?

# 100 MR. YAMAUCHI:

Yes, it is.

# 101 MR. HARMON:

Okay. You can have a seat now, Mr. Yamauchi.

# 102 (Witness complies.)

# 103 MR. HARMON:

Just one last topic here before the--

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

# 105 MR. HARMON:

Before the break.

# 106 MR. HARMON:

Mr. Yamauchi, when did you perform the product gels in this case with respect to when you did the hybridization that produced the typing strips?

# 107 MR. YAMAUCHI:

The product gel was performed afterwards.

# 108 MR. HARMON:

When you say "Afterward," could you give us the dates when you ran the product gels for both of the PCR DQ-Alpha runs that you have just described to the jury?

# 109 MR. YAMAUCHI:

Okay. Referring to my notes. The 61 series is dated 6/16/94.

# 110 MR. HARMON:

Now, the 61 series was the run that was made on which date?

# 111 MR. YAMAUCHI:

The amplification was done on the 14th.

# 112 MR. HARMON:

Okay. And then with regard to the amplification that was done on the 15th, when did you do the product gel on that?

# 113 MR. YAMAUCHI:

That is dated the 17th.

# 114 MR. HARMON:

Okay. Thank you. Would this be a good time, your Honor?

# 115 THE COURT:

Ladies and gentlemen, I'm going to take our recess for the morning. Please remember my admonitions to you. Don't discuss the case among yourselves, form any opinions about the case, have any contact with anybody with regard to the case or conduct any deliberations until the matter has been submitted to you. And we will be in recess for fifteen. All right.

Temperature

procedural

Key Quotes (4)

Collin Yamauchi

It is written out 1.1, 1.2 with weak 1.3, 4, and there is a side note, '1.3 very weak.'

Describes the mixture result on item 31 (Bronco center console), which Harmon is building toward showing is consistent with a Simpson/Goldman blood mix.

Collin Yamauchi

Approximately 1 in 15 people.

Population frequency for the 1.1, 1.2 DQ-Alpha allele — the type matching Simpson found in blood at Rockingham.

Collin Yamauchi

If you were to mix those two blood samples, I would expect to see the represented alleles from both parties.

Establishes that a Simpson/Goldman mixture would produce exactly the allele pattern seen in item 31.

Lance A. Ito

Mr. Yamauchi, please answer specifically the question that is posed to you by the attorney.

Judge repeatedly redirected Yamauchi when he tried to add qualifications and context beyond the direct question, suggesting the witness struggled with narrow yes/no answers.

Evidence (8)

Informal

Item 31 — center console stain from the Bronco; DQ-Alpha result 1.1, 1.2 with weak 1.3, 4

discussed, interpreted as mixture

Informal

Item 33 — carpet from the Bronco

discussed; no typeable results obtained

Informal

Item 34 — driver's side interior wall of the Bronco; DQ-Alpha result 1.1, 1.2

discussed, result matched DOJ

Informal

Item 12 — wooden floor inside Simpson's Rockingham house; DQ-Alpha result 1.1, 1.2

discussed, consistent with Simpson and Cellmark results

Informal

Item 14 — master bathroom floor at Rockingham; DQ-Alpha result 1.1, 1.2

discussed, cover removed for jury display

Informal

Goldman reference sample (Fitzco card); typed as 1.3, 4 with very faint 1.1

discussed; faint 1.1 explained as cross-hybridization/DX Activity

+ 2 more

Notable Exchanges (3)

Lance A. Ito•Collin Yamauchi

Judge twice directed the jury to disregard Yamauchi's answers when he kept trying to explain the C-dot control and concentration issues instead of directly answering the hypothetical mixing question. Ito was visibly firm.

controlling

Rockne Harmon•Barry Scheck

Scheck repeatedly objected on foundation and leading grounds as Harmon tried to elicit that item 31 was consistent with a Simpson/Goldman mixture; Harmon had to rephrase the question multiple times and confer with co-counsel off the record.

strategic

Rockne Harmon•Lance A. Ito

Ito expressed concern about the permanence of dry erase markers when Harmon asked Yamauchi to write frequency data directly on the results board.

light

Light Moments (1)

Lance A. Ito

Judge expressed concern about using dry erase markers on the results board: 'I'm a little leery of the dry erase markers, the permanence of them.'

Witness Demeanor

Witness repeatedly attempted to add qualifications and context beyond the scope of questions asked, requiring multiple judicial redirections

Witness consulted notes when asked about Goldman's reference sample alleles and gel dates

Witness physically manipulated display boards and covers at Harmon's direction throughout examination

Objections

7 objections (5 sustained, 2 overruled)

Proceeding 6196 • 115 utterances • Prosecution witness

Criminal Trial

Department 103