Cross-examination of Collin Yamauchi

📄 Cross-examination of Collin Yamauchi — Wednesday, May 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\31\CROSS-EXAMINATION-OF-COLLIN-YA.DOC

TRIAL

▲ Day 85 of 167

◀ Morning session opening Redirect examination of Collin Yamauchi (morning, part 1) ▶

Witness: Collin Yamauchi
Examiner: Barry Scheck
Called by: Prosecution • Date: Wednesday, May 31, 1995 • Utterances: 217

Barry Scheck resumed cross-examination of LAPD criminalist Collin Yamauchi, focusing on two issues: whether Dr. Henry Lee changed gloves between examining two different socks during a defense-arranged inspection, and the DNA genotypes of crime scene collectors Dennis Fung and Andrea Mazzola. The examination concluded with Scheck securing Yamauchi's admission that neither Fung nor Mazzola could be the source of a critical allele found on the Bronco's steering wheel.

# 1 THE COURT:

Thank you, ladies and gentlemen. Please be seated. Mr. Yamauchi, would you come forward, please. Let the record reflect that we have been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

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

# 2 THE COURT:

Mr. Collin Yamauchi is again on the witness stand. And yesterday Mr. Scheck had indicated he had completed his cross-examination; however, he has asked permission to ask a few additional questions that he had forgotten to ask and I have granted permission for him to do so. And Mr. Scheck, you have until 9:30 to conclude your cross-examination.

# 3 MR. SCHECK:

Thank you, your Honor.

# 4 THE COURT:

You are welcome.

# 5 MR. SCHECK:

Good morning, ladies and gentlemen of the jury.

THE JURY: Good morning.

CROSS-EXAMINATION (RESUMED) BY MR. SCHECK

# 6 MR. SCHECK:

Good morning, Mr. Yamauchi. My apologies to everybody for prolonging this any further than it has. Mr. Yamauchi, do you have a laminar flow hood in your serology laboratory?

# 7 MR. YAMAUCHI:

Yes.

# 8 MR. SCHECK:

And that is the place where you conducted your extractions in this case?

# 9 MR. YAMAUCHI:

In that hood and on my work bench.

# 10 MR. SCHECK:

All right. And what is your understanding of a laminar flow hood. How does it work?

# 11 MR. YAMAUCHI:

Well, rather than sucking air in from the environment, it provides its own filtered air.

# 12 MR. SCHECK:

Now--your Honor, may I get this one board out?

# 13 (brief pause.)

# 14 THE COURT:

All right. This is People's exhibit--

# 15 MR. SCHECK:

285, I believe.

# 16 THE COURT:

285.

# 17 MR. SCHECK:

Now, Mr. Yamauchi, were you present the morning that Dr. Lee examined the sock?

# 18 MR. YAMAUCHI:

Yes.

# 19 MR. SCHECK:

And, umm, were you participating in the arrangements for Dr. Lee's examination of this sock at your laboratory?

# 20 MR. YAMAUCHI:

Well, we were trying to provide him with whatever he requested.

# 21 MR. SCHECK:

Were you--well, were you aware of when this examination was arranged?

# 22 MR. HARMON:

Objection. That calls for hearsay. It is irrelevant.

# 23 THE COURT:

Overruled.

# 24 MR. YAMAUCHI:

When it was arranged?

# 25 MR. SCHECK:

Yes.

# 26 MR. YAMAUCHI:

The--they came--they just came and told me that this was what was going to happen.

# 27 MR. SCHECK:

Well, when? How much notice?

# 28 MR. YAMAUCHI:

I don't think I had more than an hour notice.

# 29 MR. SCHECK:

Do you know if there were any time limits indicated with respect to the examination of this sock?

# 30 MR. HARMON:

Objection, calls for speculation, hearsay, no foundation. It is irrelevant.

# 31 THE COURT:

Sustained on the hearsay, foundation.

# 32 MR. SCHECK:

All right. Did you have any communication with others from the--people from the District Attorney's office or others in your laboratory as to what the arrangements were to be for the examination of this sock?

# 33 MR. YAMAUCHI:

No.

# 34 MR. SCHECK:

Okay. Did you know where Dr. Lee was at the SID laboratory and how long he was there before he entered the conference room to examine the sock?

# 35 MR. HARMON:

Objection, compound, irrelevant, calls for hearsay, speculation.

# 36 THE COURT:

Overruled.

# 37 MR. YAMAUCHI:

Well, he was sitting out in the lobby area.

# 38 MR. SCHECK:

For how long?

# 39 MR. YAMAUCHI:

I'm not sure. I think at least half an hour.

# 40 MR. SCHECK:

At least?

# 41 MR. YAMAUCHI:

Yeah.

# 42 MR. SCHECK:

While arrangements were being made to bring out the sock so he could examine it?

# 43 MR. HARMON:

Objection, argumentative, calls for hearsay, speculation.

# 44 THE COURT:

Overruled.

# 45 MR. YAMAUCHI:

Well, we were locating the sock and bringing it to that area.

# 46 MR. SCHECK:

Now, without telling us what anybody said, did you consult with anyone on this side of the table where Dr. Lee was as to what they perceived in terms of the examination--his examination of the sock and whether or not he--Dr. Lee changed gloves between examinations?

# 47 MR. HARMON:

Objection. It is irrelevant.

# 48 MR. SCHECK:

Without telling was they said, did you consult with anyone in that picture?

# 49 MR. HARMON:

Objection, it is irrelevant.

# 50 THE COURT:

Sustained. Rephrase the question.

# 51 MR. SCHECK:

All right.

# 52 MR. SCHECK:

With respect to whether or not Dr. Lee changed his gloves between the examination of the two different socks, did you consult with anybody depicted in those photographs about their observations, but don't tell was they said?

# 53 MR. YAMAUCHI:

Yes.

# 54 MR. SCHECK:

All right. Now, so that would include Mr. Harmon?

# 55 MR. YAMAUCHI:

Yes.

# 56 MR. SCHECK:

That would include Mr. Clarke, (Indicating)?

# 57 MR. YAMAUCHI:

I'm not sure.

# 58 MR. SCHECK:

All right. Now, you knew Dr. Lee by reputation before this morning, the morning of this sock examination?

# 59 MR. YAMAUCHI:

Yes.

# 60 MR. SCHECK:

Had you met him previous to that?

# 61 MR. YAMAUCHI:

No.

# 62 MR. SCHECK:

Did you expect, before Dr. Lee even came to examine the sock--do you remember when this was? February?

# 63 MR. YAMAUCHI:

January, February, something like that.

# 64 MR. SCHECK:

It was while this trial was going on?

# 65 MR. YAMAUCHI:

Yes, I believe so.

# 66 MR. SCHECK:

While testimony was being taken before this jury?

# 67 MR. YAMAUCHI:

Could I check?

# 68 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 69 MR. SCHECK:

Well, would you accept that it would be some time about February 1st, sometime in that area?

# 70 MR. YAMAUCHI:

I could look in my notes and find out for sure.

# 71 MR. SCHECK:

Well, I have five minutes. So sometime around February?

# 72 MR. YAMAUCHI:

Approximately.

# 73 MR. SCHECK:

Okay. Now, did you have any feeling--withdrawn. To your knowledge had any expert from the Defense been allowed to examine and touch the socks before this morning when Dr. Lee did so?

# 74 MR. HARMON:

Objection, it is irrelevant, calls for hearsay, no foundation, speculation.

# 75 THE COURT:

Overruled.

# 76 MR. YAMAUCHI:

Had anyone else touched the socks by the Defense? Is that what your question is?

# 77 MR. SCHECK:

That is my question.

# 78 THE COURT:

To your knowledge?

# 79 MR. YAMAUCHI:

To my knowledge.

# 80 MR. HARMON:

Objection. There is no foundation, your Honor.

# 81 THE COURT:

Overruled.

# 82 MR. YAMAUCHI:

I don't believe so.

# 83 MR. SCHECK:

Now, you testified--withdrawn. Now, Mr. Yamauchi, did you have any concerns that Dr. Lee might criticize your laboratory?

# 84 MR. HARMON:

Objection, calls for--it is irrelevant, calls for speculation, no foundation.

# 85 THE COURT:

Ask another question.

# 86 MR. SCHECK:

Let me put it this way to you--

# 87 THE COURT:

Mr. Scheck, would you address--turn the podium towards the witness, please?

# 88 MR. SCHECK:

I'm sorry.

# 89 THE COURT:

Thank you.

# 90 MR. SCHECK:

As you sit here today, do you have any feelings about--

# 91 MR. HARMON:

Objection, feelings--

# 92 MR. SCHECK:

Goes to bias.

# 93 MR. HARMON:

It is irrelevant, your Honor.

# 94 THE COURT:

I haven't heard the question yet, Mr. Harmon.

# 95 MR. SCHECK:

Do you have any feelings of resentment towards Dr. Lee?

# 96 MR. YAMAUCHI:

Resentment, no.

# 97 MR. SCHECK:

Do you anticipate that he might testify in this case--

# 98 MR. HARMON:

Objection, it is irrelevant, calls for speculation, no foundation.

# 99 THE COURT:

Sustained.

# 100 MR. SCHECK:

All right. Are you worried that Dr. Lee might criticize your laboratory?

# 101 MR. YAMAUCHI:

No.

# 102 MR. SCHECK:

Okay. You have no feelings of resentment or irritation with Dr. Lee at all?

# 103 MR. HARMON:

Objection, compound, asked and answered.

# 104 THE COURT:

Overruled.

# 105 MR. YAMAUCHI:

No. Actually he seemed like a nice congenial man.

KEY QUOTE

# 106 MR. SCHECK:

That is your feeling?

# 107 MR. YAMAUCHI:

Yes.

# 108 MR. SCHECK:

Okay. Now, let me see if I understand what you are telling us exactly. Are you--

# 109 MR. HARMON:

Your Honor, your Honor, I object to that--

# 110 THE COURT:

Sustained.

# 111 MR. HARMON:

--monologue.

# 112 MR. SCHECK:

Mr. Yamauchi, are you telling this jury that you are certain that Dr. Lee did not change his gloves in between the examination of the sock? Is that what you are telling us?

# 113 MR. YAMAUCHI:

Well, I was sitting there and watching. I never seen him change his gloves.

# 114 MR. SCHECK:

All right. But are you certain that he didn't change his gloves?

# 115 MR. YAMAUCHI:

Well, I mean if he can do some magic trick and do it while I was turning my head away or something, I'm sure that is quite possible, but from my observation point and taking notes in that room, I didn't see him change his gloves while I was there.

KEY QUOTE

# 116 MR. SCHECK:

All right. You--there is no question in your mind that you were watching him for the entire period, and as far as you are concerned, there is no way that he could have changed his gloves between the examination of those socks without you noticing it? Is that what you are telling us?

# 117 MR. HARMON:

Objection, compound.

# 118 THE COURT:

Overruled.

# 119 MR. YAMAUCHI:

Like I said again, I was just observing him like anybody else would watch somebody putting on a demonstration or looking at something, and to the best of my recollection, and from what I seen there, I didn't notice that.

# 120 MR. SCHECK:

All right. So that is to the best of your recollection?

# 121 MR. YAMAUCHI:

Well, yes.

# 122 MR. SCHECK:

Now, in the first picture on this board, the upper left-hand side that is labeled "Puts arm (No lab coat) into bag to elbow," okay, do you see that?

# 123 MR. YAMAUCHI:

Yes.

# 124 MR. SCHECK:

All right. Now, that is what bag?

# 125 MR. YAMAUCHI:

I believe that is a bag--that is the bag that the white envelope was in.

# 126 MR. SCHECK:

The bag that the white envelope was in?

# 127 MR. YAMAUCHI:

Uh-huh.

# 128 MR. SCHECK:

And to your knowledge is that the bag that originally contained the socks, the original container?

# 129 MR. YAMAUCHI:

Yes, I believe it was.

# 130 MR. SCHECK:

And that original container was saved along with the socks, was it not?

# 131 MR. YAMAUCHI:

Yes.

# 132 MR. SCHECK:

All right. And you see in photograph no. 2 that Dr. Lee is taking white paper and it appears angling it as though to put something back into that paper bag?

# 133 MR. YAMAUCHI:

Yes.

# 134 MR. SCHECK:

All right. And between those two pictures did you observe Dr. Lee open up the paper bag, then put it upright, see what material would be on the white piece of paper and then pour it back into the bag? Is that what happened between the picture on the upper left-hand column of the board and the one in the middle?

# 135 MR. YAMAUCHI:

Could you describe that one more time?

# 136 MR. SCHECK:

Sure. The first picture shows Dr. Lee putting an arm into the bag and--

# 137 MR. YAMAUCHI:

Right.

# 138 MR. SCHECK:

--pushing it out, correct?

# 139 MR. YAMAUCHI:

Right.

# 140 MR. SCHECK:

And the second picture shows him putting white paper, right, angling it and putting something back into the bag?

# 141 MR. YAMAUCHI:

Yes.

# 142 MR. SCHECK:

All right. Now, in between those two pictures did Dr. Lee hold the bag upright with the opening, you know, vertical to the paper, all right--do you remember that?

# 143 MR. YAMAUCHI:

I think I know what you are saying but I'm not sure.

# 144 MR. SCHECK:

You are not sure?

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

# 146 MR. SCHECK:

Last set of questions. Ask that these two documents be marked Defendant's--where are we at?

# 147 THE COURT:

1191. 1191.

# 148 (Deft's 1191-A for id = document)

# 149 (Deft's 1191-B for id = document)

# 150 MR. SCHECK:

1191-A.

# 151 THE COURT:

Have you shown that to counsel?

# 152 (Shakes head from side to side.)

# 153 MR. SCHECK:

Yes.

# 154 (brief pause.)

# 155 MR. SCHECK:

Now, Mr. Yamauchi, is it the regular course of business in your laboratory to do DQ-Alpha, D1S80 typings on laboratory personnel?

# 156 MR. YAMAUCHI:

Is it the regular course? Well, we try to get the typings of anybody that wants to volunteer their--their blood or body fluids.

# 157 MR. SCHECK:

What I am see saying is does your laboratory keep a list of biological samples of personnel that is known as a laboratory controls list?

# 158 MR. YAMAUCHI:

Yes, we have a lot of control samples, and they are built up primarily of the people that work in the lab.

# 159 MR. SCHECK:

Is there such a thing as a laboratory controls list where each of the DQ-Alpha, D1S80 and polymarker typings of people that work in the laboratory are compiled?

# 160 MR. YAMAUCHI:

I believe Erin Riley has compiled such a list.

# 161 MR. SCHECK:

All right.

# 162 MR. YAMAUCHI:

Or something to that effect.

# 163 MR. SCHECK:

Right. And one of the purposes of that list is to have the types on file ever all laboratory personnel as a check against possible cross-contamination?

# 164 MR. YAMAUCHI:

Well, yeah, I believe that is a secondary reason why we have it around or it could be used for that reason.

# 165 MR. SCHECK:

What other reasons do you use them?

# 166 MR. YAMAUCHI:

Well, basically standards, and umm, test ourselves in validation. Say somebody wants to become a PCR analyst, they would need a set of samples to test and reflect upon to see if they are getting the right answers.

# 167 MR. SCHECK:

So Erin Riley is the individual that does the typings?

# 168 MR. YAMAUCHI:

I've done DQ-Alpha. She has done the polymarker and the D1S80.

# 169 MR. SCHECK:

And this laboratory control list is something that is done in the regular course of business in your laboratory?

# 170 MR. YAMAUCHI:

Regular course of business? Could you define what you mean by that?

# 171 MR. SCHECK:

As a matter of routine in your laboratory one compiles this laboratory controls list of DQ-Alpha, D1S80 and polymarker typings of the people who work there?

# 172 MR. YAMAUCHI:

Well, it is not mandatory, but if the people in our laboratory--most of them do want to get their--themselves typed or be a part of this database, so to speak.

# 173 MR. SCHECK:

And would you rely upon the typings in that laboratory control list as accurate?

# 174 MR. YAMAUCHI:

Well, until--if there is a discrepancy that comes up, obviously it has to be looked into, but she has done typing on it and she is--she is a good analyst, she reports it out, and obviously sooner or later somebody else is going to use those same samples, and you know, confirm her results to a certain extent. They are basically set up there for practice purposes, and once they are established as coming up with these types, then they could be used as standards.

# 175 MR. SCHECK:

All right. Now, I show you 1191-A and B and ask you if you recognize these documents as being additions to the laboratory control list--please examine them--as compiled by Erin Riley?

# 176 MR. YAMAUCHI:

(Witness complies.) It looks like something she generated. It has got her signature over there.

# 177 MR. SCHECK:

Would you recognize this as additions--reliable additions to the laboratory controls list as compiled in your laboratory with respect to the genotypes of Dennis Fung and Andrea Mazzola?

# 178 MR. HARMON:

Objection, no foundation, speculation, your Honor.

# 179 THE COURT:

Sustained.

# 180 MR. HARMON:

Could I just take another look and talk with Miss Clark and we may withdraw an objection. Sure.

# 181 (Brief pause.)

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

# 183 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 184 MR. SCHECK:

I am informed there is no objection.

# 185 THE COURT:

Proceed.

# 186 MR. SCHECK:

My last questions are just dependent, two minutes, Mr. Harris is looking for the Bronco results board.

# 187 MR. SCHECK:

Now, while we are waiting for that board, Mr. Yamauchi, do these records indicate that Dennis Fung--what do they indicate with respect to Dennis Fung's DQ-Alpha type?

# 188 MR. YAMAUCHI:

I can read directly from the document.

# 189 MR. SCHECK:

Yes.

# 190 MR. YAMAUCHI:

It says "Fung, DQ-Alpha, 1.1, 2, LDLR, BB, GY--

# 191 MR. SCHECK:

Just DQ-Alpha.

# 192 MR. YAMAUCHI:

Okay.

# 193 MR. HARMON:

We are withdrawing the entire objection so--

# 194 MR. SCHECK:

I understand. I--

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

# 196 MR. HARMON:

May we approach, your Honor?

# 197 THE COURT:

No. Proceed.

# 198 MR. SCHECK:

So what is Dennis Fung's DQ-Alpha type?

# 199 THE COURT:

He has already testified to that.

# 200 MR. SCHECK:

1.1, 2; is that right?

# 201 MR. YAMAUCHI:

Yes.

# 202 MR. SCHECK:

And Andrea Mazzola's DQ-Alpha type is a 1.1, 1.2; is that correct?

# 203 MR. YAMAUCHI:

According to that document, yes.

# 204 MR. SCHECK:

And Dennis Fung's D1S80 genotype is an 18, 28?

# 205 MR. YAMAUCHI:

Yes, according to that document.

# 206 MR. SCHECK:

And Andrea Mazzola's D1S80 genotype is a 31, 39?

# 207 MR. YAMAUCHI:

Yes.

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

# 209 MR. SCHECK:

Now, directing your attention, sir, to 260, the Bronco results board, and I call your attention to item no. 29, the steering wheel. Do you see that?

# 210 MR. YAMAUCHI:

Yes.

# 211 MR. SCHECK:

Now, the DQ-Alpha types for the steering wheel from both Cellmark and the Department of Justice indicate a 1.1, a 1.2 and a 4 showing up on the strips; is that correct?

# 212 MR. YAMAUCHI:

That is what is indicated, yes.

# 213 MR. SCHECK:

All right. Now, given the genotypes of Dennis Fung and Andrea Mazzola for the DQ-Alpha system, would you not agree--would you degree with me, sir, that neither Dennis Fung nor Andrea Mazzola could be the source of the no. 4 allele on item 29?

# 214 MR. YAMAUCHI:

Neither could be the source? Neither one of them has a 4 allele.

# 215 MR. SCHECK:

So that means that neither of them could be the source of the no. 4 allele on no. 29, the steering wheel; isn't that right?

# 216 MR. YAMAUCHI:

Yes, that's correct.

# 217 MR. SCHECK:

Thank you, your Honor.

Temperature

tense

Key Quotes (3)

Collin Yamauchi

Well, I mean if he can do some magic trick and do it while I was turning my head away or something, I'm sure that is quite possible, but from my observation point and taking notes in that room, I didn't see him change his gloves while I was there.

Yamauchi hedges significantly — conceding he was not watching Lee every second — undercutting his earlier certainty that Lee did not change gloves between sock examinations.

Collin Yamauchi

Neither one of them has a 4 allele.

Yamauchi confirms that neither Fung nor Mazzola could have contributed the no. 4 DQ-Alpha allele found on item 29, the Bronco steering wheel — leaving its origin unexplained.

Collin Yamauchi

No. Actually he seemed like a nice congenial man.

Deflects Scheck's attempt to establish bias or resentment toward Dr. Lee, who was expected to testify critically about the LAPD lab.

Evidence (4)

People's 285

Photo board depicting Dr. Henry Lee examining the sock at the LAPD lab

discussed — used to probe Lee's glove-changing behavior between sock examinations

People's 260

Bronco results board showing DNA typing results by item number

discussed — item 29 (steering wheel) examined for DQ-Alpha allele composition

Defendant's 1191-A

Laboratory controls list entry showing Dennis Fung's DQ-Alpha and D1S80 genotypes (1.1,2 and 18,28)

introduced and admitted without objection after prosecution consultation

Defendant's 1191-B

Laboratory controls list entry showing Andrea Mazzola's DQ-Alpha and D1S80 genotypes (1.1,1.2 and 31,39)

introduced and admitted without objection after prosecution consultation

Notable Exchanges (3)

Barry Scheck•Collin Yamauchi

Scheck pressed Yamauchi on whether he was certain Lee never changed gloves. Yamauchi retreated from certainty, conceding he was only observing casually and could have missed it if Lee 'did some magic trick.'

strategic

Barry Scheck•Collin Yamauchi

Scheck established that Fung and Mazzola's known genotypes are incompatible with the #4 allele on the Bronco steering wheel, and Yamauchi agreed unequivocally, providing a clean factual concession.

revealing

Rockne Harmon•Lance A. Ito

Harmon initially objected to the lab controls documents (1191-A/B), then huddled with Marcia Clark off the record and withdrew the objection entirely — suggesting a strategic calculation about the risk of fighting the admission.

strategic

Light Moments (1)

Barry Scheck

Scheck apologized to the jury for 'prolonging this any further than it has' before launching into more questions.

Credibility Attacks (2)

⚔ Collin Yamauchi

bias / motive to shade testimony

Scheck probed whether Yamauchi harbored resentment toward Dr. Lee, implying Yamauchi had reason to testify that Lee did not change gloves in order to undermine anticipated defense expert testimony critical of the LAPD lab.

⚔ Collin Yamauchi

prior inconsistent / hedging

Yamauchi initially implied certainty that Lee did not change gloves, but under sustained questioning conceded it was only 'to the best of my recollection' and that he could have missed it.

Objections

14 objections (7 sustained, 5 overruled)

Proceeding 6225 • 217 utterances • Prosecution witness

Criminal Trial

Department 103