At sidebar, prosecutors Harmon and Clark attempt to introduce phenolphthalein (presumptive blood) test results on the defendant's socks, separately from a proposed stereomicroscope viewing of stains through criminalist Gary Sims. Harmon expressly denied proposing a live presumptive-test demonstration 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