Direct examination of Gary Sims

📄 Direct examination of Gary Sims — Wednesday, May 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\31\DIRECT-EXAMINATION-OF-GARY-SIM.DOC

TRIAL

▲ Day 85 of 167

◀ Redirect examination of Gary Sims (part 2) Jury viewing evidence ▶

Witness: Gary Sims
Examiner: Rockne Harmon
Called by: Prosecution • Date: Wednesday, May 31, 1995 • Utterances: 38

Gary Sims, a criminalist, testifies about staining found on sock B during his direct examination by Rockne Harmon. Sims describes reddish staining visible under a stereomicroscope on a specific area of the sock, characterizing it as resembling blood. The examination is largely technical and methodical, concluding with a brief objection from Barry Scheck about procedure.

# 1 (Peo's 288 for id = sketch)

# 2 THE COURT:

And how about a foundational question or two about the date that this was prepared?

# 3 MR. HARMON:

Mr. Sims, what date did you do this work that's reflected on page 117?

# 4 MR. SIMS:

The--the actual sketch was made on November 11th of 1994, and then I went--and it says in the middle of the page I went back and noted some additional stains on November 21st of 1994.

# 5 MR. HARMON:

Okay. May I put that on the elmo, your Honor?

# 6 MR. HARMON:

What I'd like to do--Mr. Sims, I think we've covered both sides of the sock now. You saw four on the opposite side of the sock, two stains that you typed and then 12 other little areas on the side that's on 288, the sketch, right?

# 7 MR. SIMS:

Yes. About 12.

# 8 MR. HARMON:

Okay. And you have already set up the stereomicroscope on one of those areas; is that correct?

# 9 MR. SIMS:

Yes, I have.

# 10 MR. HARMON:

Okay. Could we have that up there?

# 11 MR. HARMON:

And could you help Jonathan? We want to put an arrow to the--that points out the area on the sock that the stereomicroscope is focused on at this point.

# 12 MR. SIMS:

Okay. Where--

# 13 MR. HARMON:

Okay. We'll--Mr. Sims, can you step down and help direct Jonathan with this?

# 14 (The witness complies.)

# 15 MR. HARMON:

Okay. Is that arrow in the correct place?

# 16 MR. SIMS:

Yes.

# 17 MR. HARMON:

Okay. And now--go ahead. You can have a seat again.

# 18 MR. HARMON:

Could we capture that, your Honor?

# 19 THE COURT:

Please. Please.

# 20 MR. HARMON:

Thank you. That would be 288-A?

# 21 THE COURT:

Yes. 288-A.

# 22 (Deft's 288-A for id = photograph)

# 23 MR. HARMON:

Now, Mr. Sims, you've looked at the sock this morning under the stereomicroscope that's before me on the counsel table; have you not?

# 24 MR. SIMS:

Yes, I have.

# 25 MR. HARMON:

Before you looked at the sock--or strike that. Is what that arrow is pointing to, is that visible to the naked eye?

# 26 MR. SIMS:

It's--it's only visible to the naked eye under special--if you illuminate it strongly, get the proper illumination, you can sort of see the discoloration.

# 27 MR. HARMON:

Okay. And you reviewed this sock B this morning to locate the area on 288-A that we just showed on your sketch there?

# 28 MR. SIMS:

Yes.

# 29 MR. HARMON:

Does it look the same as it did when you looked at it back in November of `94?

# 30 MR. SIMS:

I--I don't notice any difference. It appears to be similar.

KEY QUOTE

# 31 MR. HARMON:

Your Honor, at this point--

# 32 THE COURT:

Mr. Sims, what do you see at this location?

# 33 MR. SIMS:

At this particular location, I see some reddish staining. It's almost like a fine powder that's over the--the black fibers that are present, and you can see that--under the microscope, you can see well the difference between the reddish area of the stain against the background.

KEY QUOTE

# 34 MR. HARMON:

And have you seen that reddish staining in other areas; for example, in an area 42B2 that we'll have the jury look at later on?

# 35 MR. SIMS:

Yes. It's a similar type of staining on this particular item throughout.

# 36 MR. HARMON:

Does it look like blood?

# 37 MR. SIMS:

Yes. It looks like blood.

KEY QUOTE

# 38 MR. SCHECK:

Your Honor, objection. That if we're going to--we have a plan here. I would request that maybe we do--we elicit the foundation as to both places for observation, then just do it in seriatim.

Temperature

procedural

Key Quotes (4)

Gary Sims

At this particular location, I see some reddish staining. It's almost like a fine powder that's over the--the black fibers that are present, and you can see that--under the microscope, you can see well the difference between the reddish area of the stain against the background.

Sims provides a precise scientific description of the staining morphology, establishing the foundational observation that the substance resembles blood.

Gary Sims

Yes. It looks like blood.

A direct and unequivocal statement that the staining looks like blood — a key prosecution point about the sock evidence.

Gary Sims

I--I don't notice any difference. It appears to be similar.

Sims confirms the sock's appearance has not materially changed since November 1994, countering any suggestion of contamination or alteration.

Barry Scheck

I would request that maybe we do--we elicit the foundation as to both places for observation, then just do it in seriatim.

Scheck objects to the order of examination, signaling the defense's intention to challenge the foundational basis of the blood identification before it is presented to the jury.

Evidence (2)

People's 288

A hand-drawn sketch by Gary Sims documenting stain locations on sock B, prepared November 11, 1994 with additional notations added November 21, 1994.

introduced, displayed on ELMO

288-A

Photograph captured from the ELMO showing the sock sketch with an arrow pointing to the specific area being examined under the stereomicroscope.

introduced

Notable Exchanges (2)

Rockne Harmon•Gary Sims

Harmon asks Sims to step down from the witness stand to physically help direct a technician (Jonathan) in placing an arrow on the on-screen image of the sock sketch, marking the area being examined under the stereomicroscope.

collaborative, methodical

Lance A. Ito•Gary Sims

Ito interjects to directly ask Sims what he sees under the microscope at the marked location, drawing out the key description of reddish staining.

probing

Witness Demeanor

(The witness complies.) — Sims steps down from the stand to assist in directing the arrow placement on the displayed image.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 6250 • 38 utterances • Prosecution witness

Criminal Trial

Department 103