📄 Sidebar: validation and weekend preparation — Friday, May 26, 1995
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C:\DEPT103\CRIMINAL\1995\MAY\26\SIDEBAR-VALIDATION-AND-WEEKEND.DOC
TRIAL
▲ Day 83 of 167

Sidebar: validation and weekend preparation

Date: Friday, May 26, 1995 • Utterances: 15
A brief end-of-week sidebar between Barry Scheck and Judge Ito regarding discrepancies Scheck found between LAPD DNA validation study records and analysis sheets turned over in discovery. Scheck noted that Harmon had refused to allow him to review the material with witness Yamauchi before cross-examination. Ito acknowledged the issue, explained that Yamauchi would not confirm anything without consulting his own notes, and instructed Yamauchi to review and confirm the records over the weekend before resuming testimony Tuesday.
1 (The following proceedings were held at the bench:)
2 MR. SCHECK:

With respect to these validation records--

3 THE COURT:

Which we asked Mr. Yamauchi to go over over the weekend.

4 MR. SCHECK:

Yes. I just want to make one point so it's very clear. I expect to--Mr. Harmon yesterday, at the time we were about to begin the cross-examination and I told him about the boards and I also said to him that there were certain pages from the discovery material that I wanted to review with Mr. Yamauchi and make sure that it was correct, he told me that he didn't want that happening, he had to go review with Mr. Yamauchi his testimony over lunch and he declined that invitation. And I noticed that when they turned over these validation studies, they gave us the code on what the samples were.

5 THE COURT:

Mr. Scheck, this witness is just very cautious. He's not going to commit to anything unless he can confirm it in his own notes. That's the only problem.

KEY QUOTE
6 MR. SCHECK:

I have no quarrel with the witness confirming that. My only point is simply this. This is what's been turned over to me in discovery. All I can go on is what they give me. They give me validation studies. They give me a code. We look at the analysis sheets. We compare it to the samples. There are discrepancies. I have to go through it.

7 THE COURT:

I understand that. But you weren't going to get the right foundational answer out of that witness until he looked in his own notebook. That's the bottom line.

8 MR. SCHECK:

I'm not quarreling. I just want that material here.

9 THE COURT:

No. I understand that. That's the problem. And I instructed him to over the weekend get those records confirmed. We'll come back and see if there are two discrepancies. Not a problem. Have a nice weekend.

10 (At 12:00 P.M., an adjournment was taken until, Tuesday, May 30, 1995, 9:00 A.M.)
11 (Pages 29702 through 29704, inclusive, sealed)
12 APPEARANCES:

Janet M. Moxham, CSR #4588 Christine M. Olson, CSR #2378 official reporters

13 FOR THE PEOPLE:

Gil Garcetti, District Attorney by: Marcia R. Clark, William W. Hodgman, Christopher A. Darden, Cheri A. Lewis, Rockne P. Harmon, George W. Clarke, Scott M. Gordon Lydia C. Bodin, Hank M. Goldberg, Alan Yochelson and Darrell S. Mavis, Brian R. Kelberg, and Kenneth E. Lynch, Deputies 18-000 Criminal Courts Building 210 West Temple Street Los Angeles, California 90012

14 FOR THE DEFENDANT:

Robert L. Shapiro, Esquire Sara L. Caplan, Esquire 2121 Avenue of the Stars 19th floor Los Angeles, California 90067 Johnnie L. Cochran, Jr., Esquire by: Carl E. Douglas, Esquire Shawn Snider Chapman, Esquire 4929 Wilshire Boulevard Suite 1010 Los Angeles, California 90010 Gerald F. Uelmen, Esquire Robert Kardashian, Esquire Alan Dershowitz, Esquire F. Lee Bailey, Esquire Barry Scheck, Esquire Peter Neufeld, Esquire Robert D. Blasier, Esquire William C. Thompson, Esquire

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I N D E X

Index for volume 155 pages 29576 - 29706

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Day date session page vol.

Friday May 26, 1995 A.M. 29576 155

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15 LEGEND:

Ms. Clark-mc Mr. Hodgman-h Mr. Darden d Mr. Kahn-k Mr. Goldberg-gb Mr. Gordon-g Mr. Shapiro-s Mr. Cochran-c Mr. Douglas-cd Mr. Bailey-b Mr. Uelmen-u Mr. Scheck-bs Mr. Neufeld-n

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CHRONOLOGICAL INDEX OF WITNESSES

PEOPLE'S witnesses direct cross redirect recross vol.

Yamauchi, Collin 29618bs 155

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ALPHABETICAL INDEX OF WITNESSES

Witnesses direct cross redirect recross vol.

Yamauchi, Collin 29618bs 155

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EXHIBITS

DEFENSE for in exhibit identification evidence page vol. Page vol.

1181-A - 1-page document 29634 155 entitled "PCR method validation - training record"

1181-B - 1-page document 29634 155 entitled "LAPD mock vaginal swabs"

1181-C - 1-page document 29634 155 entitled "DNA hybridization record" hyb-33

1181-D - 1-page document 29634 155 entitled "DNA hybridization record" hyb-34 training record"

1181-E - 1-page document 29645 155 entitled "DNA hybridization record" hyb-35 training record"

1182 - 1-page document 29662 155 entitled "DNA hybridization record"

Temperature

procedural

Key Quotes (3)

Barry Scheck
They give me validation studies. They give me a code. We look at the analysis sheets. We compare it to the samples. There are discrepancies. I have to go through it.
Scheck signals he has found inconsistencies in LAPD DNA validation records that he intends to exploit on cross-examination of Yamauchi.
Lance A. Ito
This witness is just very cautious. He's not going to commit to anything unless he can confirm it in his own notes. That's the only problem.
Ito explains Yamauchi's reluctance to answer on the stand without his notebook, framing the weekend recess as a practical necessity rather than a defense win.
Barry Scheck
Mr. Harmon yesterday, at the time we were about to begin the cross-examination... he told me that he didn't want that happening, he had to go review with Mr. Yamauchi his testimony over lunch and he declined that invitation.
Scheck puts on record that Harmon blocked a pre-cross review session, laying groundwork for complaints about prosecution witness preparation.

Evidence (7)

Defense 1181-A
PCR method validation training record, 1-page document
introduced for identification
Defense 1181-B
LAPD mock vaginal swabs document, 1-page
introduced for identification
Defense 1181-C
DNA hybridization record hyb-33, 1-page
introduced for identification
Defense 1181-D
DNA hybridization record hyb-34, 1-page
introduced for identification
Defense 1181-E
DNA hybridization record hyb-35, 1-page
introduced for identification
Defense 1182
DNA hybridization record, 1-page
introduced for identification
+ 1 more

Notable Exchanges (1)

Barry ScheckLance A. Ito
Scheck complains that Harmon refused to allow a pre-cross review session with Yamauchi; Ito redirects by explaining Yamauchi's cautious nature and orders him to confirm records over the weekend.
strategic

Light Moments (1)

Lance A. Ito
Ito closes the sidebar with 'Have a nice weekend.' — a cheerful sign-off after a tense discovery dispute.

Credibility Attacks (1)

⚔ Collin Yamauchi
prior inconsistent records / discovery discrepancies
Scheck identifies discrepancies between LAPD DNA validation study codes and analysis sheets, setting up an impeachment of Yamauchi's lab work to be pursued after the weekend recess.

Objections

None recorded
Proceeding 6199 • 15 utterances
Criminal Trial
Department 103
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📂 MAY 26, 1995 📄 Sidebar: validation and weeken
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