At sidebar, prosecutors Harmon and Clark attempt to introduce phenolphthalein (presumptive blood) test results on the defendant's socks, with Harmon planning to have criminalist Gary Sims demonstrate the test for the jury. Judge Ito sustains the objection based on a prior ruling and ultimately shuts down the inquiry entirely when Harmon admits there is no written report from criminalist Matheson documenting the test results.
# 1 (The following proceedings were held at the bench:) # 2 THE COURT: Mr. Harmon--over at the side bar--where are we?
# 3 MR. HARMON: Well, we are right about to do a phenolphtalein test.
# 4 THE COURT: In front of the jury?
# 5 MR. HARMON: No, no, he is going to describe having seen Greg do that on this spot that he looked at. This is--and then Gary is going to testify and actually set it up for the jury to see, Gary Sims.
# 6 MS. CLARK: Your Honor, could we--
# 7 THE COURT: All right. I'm going to sustain the objection to the phenolphthalein tests on the basis of the Court's previous ruling. Anything else?
KEY QUOTE # 8 MR. HARMON: These socks have been processed. They have got blood all over it.
# 9 THE COURT: I understand.
# 10 MR. HARMON: We are isolating on one.
# 11 MS. CLARK: Your Honor, since I am privy to the phenolphthalein--
# 12 THE COURT: I'm sorry, one person.
# 13 (Discussion held off the record between the Deputy District Attorneys.) # 14 MR. HARMON: This is within the Court's ruling where further tests were done. I think if you go back and reflect on it, you wanted some confidence that this red stuff was blood and we have tested--I can count up the number of stains.
# 15 THE COURT: Where were the pheno tests done on the sock?
# 16 MS. CLARK: Around the cutting.
# 17 MR. HARMON: No, it is a separate spot.
# 18 THE COURT: Do you have a report from Mr. Matheson about this?
# 20 THE COURT: All right. No report; no results.
KEY QUOTE