Redirect examination of Gregory Matheson (part 2)

📄 Redirect examination of Gregory Matheson (part 2) — Friday, May 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\5\REDIRECT-EXAMINATION-OF-GREGOR.DOC

TRIAL

▲ Day 68 of 167

◀ Sidebar: hypothetical blood volume EDTA discussion ▶

Witness: Gregory Matheson
Examiner: Hank Goldberg
Called by: Prosecution • Date: Friday, May 5, 1995 • Utterances: 57

Prosecutor Hank Goldberg conducted redirect examination of LAPD criminalist Gregory Matheson, attempting to rehabilitate the People's case on two fronts: the blood vial volume discrepancy and EDTA testing. Goldberg made repeated but unsuccessful attempts to introduce FBI EDTA test results through Matheson, with Judge Ito sustaining nearly every objection from defense attorney Blasier on foundation grounds, ultimately instructing the jury to disregard the entire line of EDTA questioning.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

Mr. Goldberg.

# 3 MR. GOLDBERG:

Sir, your own margin of error, you said in visually approximating what is in a blood vial, just visually, was upwards of 1.8 milliliters. 1.8 milliliters or more did you say?

# 4 MR. MATHESON:

In the particular instance that we mentioned when I estimated to begin with, I was 1.8 off, yes.

KEY QUOTE

# 5 MR. GOLDBERG:

Now, let's assume hypothetically that the blood vial in this case had 7 milliliters at the time that it started out at the scientific investigations--at the time that it was drawn. Would that mean that under our hypothetical of the set of numbers that we came up with that there would be approximately .55 milliliters of blood too much?

# 6 MR. MATHESON:

Approximately a half a milliliter, .5, yes.

# 7 MR. GOLDBERG:

Well, Mr. Matheson, when you go back to the laboratory, are you going to launch an investigation to determine whether someone added more of the Defendant's blood to the vial?

KEY QUOTE

# 8 THE COURT:

Sustained. Sustained.

# 9 MR. GOLDBERG:

Now, Mr. Matheson, you were asked about EDTA yesterday. Do you remember that?

# 10 MR. MATHESON:

Yes.

# 11 MR. GOLDBERG:

And is the blood vial in this case that was used to contain Mr. Simpson's blood in fact an EDTA vial?

# 12 MR. MATHESON:

Yes, it is.

# 13 MR. GOLDBERG:

And it is your understanding that that is an anticoagulant; is that correct?

# 14 MR. MATHESON:

Yes.

# 15 MR. GOLDBERG:

Now, is it also your understanding, Mr. Matheson, that this anticoagulant is one that can be tested for?

# 16 MR. MATHESON:

As I mentioned, the fact that it is a chemical, there are instruments available. I would assume they can test for it.

# 17 MR. GOLDBERG:

And did you cause the blood vial to be sent to the FBI along with items 13, the socks, and the items from the rear gate, for the purposes of EDTA testing?

# 18 MR. MATHESON:

I don't believe I was directly involved with it, but it was sent.

# 19 MR. BLASIER:

Objection, move to strike; no foundation.

# 20 THE COURT:

Do you have any personal knowledge of that being done?

# 21 MR. MATHESON:

As far as having physically--I have seen records to that effect.

# 22 THE COURT:

All right. The jury is to disregard the last question and answer.

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

# 24 MR. GOLDBERG:

And is it your understanding, Mr. Matheson, when you were--is it your understanding that if blood were taken from an EDTA vial and planted somewhere, you should be able to find it?

# 25 MR. BLASIER:

Objection, no foundation.

# 26 THE COURT:

Sustained.

# 27 MR. GOLDBERG:

Now, Mr. Matheson, when you testified as to the People's evidence disposition summary, did that reflect a transaction where certain items were sent to the FBI for purposes of EDTA testing?

# 28 MR. BLASIER:

Objection, no foundation; asked and answered.

# 29 THE COURT:

Sustained.

# 30 MR. GOLDBERG:

Now, Mr. Matheson, have you heard that according to the report of the EDTA testing--

# 31 MR. BLASIER:

Objection.

# 32 THE COURT:

Sustained.

# 33 MR. GOLDBERG:

Mr. Matheson, hypothetically, if the FBI testing showed that there was no--

# 34 MR. BLASIER:

Objection.

# 35 THE COURT:

Sustained, sustained.

# 36 MR. GOLDBERG:

EDTA--

# 37 THE COURT:

Sustained. Sustained. Ladies and gentlemen, you are to completely disregard that last series of questions and answers regarding EDTA.

# 38 MR. GOLDBERG:

Can we approach on that, your Honor?

# 39 THE COURT:

No, you may not. Proceed.

# 40 MR. GOLDBERG:

Sir, are you aware of any evidence of EDTA in item 13, 15, 16 or 17?

# 41 MR. BLASIER:

Okay.

# 42 THE COURT:

Overruled. Did you do any testing on that yourself? Yes or no?

# 43 MR. MATHESON:

No, I did not.

# 44 THE COURT:

Next question.

# 45 MR. GOLDBERG:

May I have one moment, your Honor?

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

# 47 MR. GOLDBERG:

Now, sir, do you recall answering a question on cross-examination, a hypothetical question involving if there were EDTA on the socks and the rear gate what effect that that would have?

# 48 MR. MATHESON:

Yes, I believe so.

# 49 MR. GOLDBERG:

Do you know what the basis for that hypothetical was?

# 50 MR. BLASIER:

Objection, no foundation, calls for speculation.

# 51 THE COURT:

Any others? Sustained.

# 52 MR. GOLDBERG:

Are you aware of any facts that constituted the basis of that hypothetical?

# 53 MR. BLASIER:

Objection, no foundation.

# 54 THE COURT:

Sustained. It is not a proper question regarding hypothetical.

# 55 MR. GOLDBERG:

Sir, if the facts of their hypothetical were changed so as to indicate that the testing revealed the absence of EDTA--

KEY QUOTE

# 56 MR. BLASIER:

Objection.

# 57 THE COURT:

Sustained. Ladies and gentlemen of the jury, we are going to take a recess, brief recess right now. Please remember all of my admonitions to you. I'm sure you have taken them to heart. Take a recess for fifteen minutes as far as the jury is concerned. Mr. Matheson, you can step down.

Temperature

tense

Key Quotes (4)

Hank Goldberg

Well, Mr. Matheson, when you go back to the laboratory, are you going to launch an investigation to determine whether someone added more of the Defendant's blood to the vial?

Nakedly argumentative question attempting to preemptively rebut the defense blood-planting theory; immediately sustained before Matheson could answer.

Lance A. Ito

Ladies and gentlemen of the jury, you are to completely disregard that last series of questions and answers regarding EDTA.

Ito's blanket instruction to disregard effectively ended Goldberg's entire EDTA redirect strategy, leaving the jury with the defense's EDTA hypothetical unanswered.

Gregory Matheson

In the particular instance that we mentioned when I estimated to begin with, I was 1.8 off, yes.

Matheson concedes his visual estimation of blood volume had a margin of error of 1.8 milliliters, which Goldberg uses to frame the volume discrepancy as within normal error range.

Hank Goldberg

Sir, if the facts of their hypothetical were changed so as to indicate that the testing revealed the absence of EDTA--

Goldberg's final attempt to get FBI EDTA results in through a counter-hypothetical — cut off mid-sentence by a sustained objection, ending the examination.

Evidence (4)

Informal

Simpson's blood reference vial (EDTA anticoagulant vial drawn at time of booking)

discussed regarding volume discrepancy and EDTA content

Item 13

Socks found at Rockingham

referenced as subject of FBI EDTA testing; Goldberg blocked from introducing results

Informal

Rear gate blood samples (items 15, 16, 17 referenced by number)

referenced as subject of FBI EDTA testing alongside socks

Informal

FBI EDTA test results (People's evidence disposition summary)

repeatedly attempted introduction; all attempts sustained out on foundation grounds

Notable Exchanges (3)

Hank Goldberg•Robert Blasier•Lance A. Ito

Goldberg made four successive attempts to introduce FBI EDTA results — through direct assertion, through records, through a hypothetical, and through a counter-hypothetical — each blocked by Blasier's objections and Ito's sustained rulings, ending with a blanket jury instruction to disregard the entire EDTA line.

frustrated/procedural

Hank Goldberg•Lance A. Ito

After the sustained EDTA barrage, Goldberg asked to approach the bench; Ito flatly denied: 'No, you may not. Proceed.'

terse

Hank Goldberg•Gregory Matheson

Goldberg walked Matheson through a volume calculation showing that if the vial started with 7 ml, the numbers would yield only ~0.55 ml 'too much' — framing the discrepancy as within visual estimation error rather than evidence of planting.

strategic

Credibility Attacks (1)

⚔ LAPD/prosecution

implicit (Goldberg question referencing planting)

Goldberg's argumentative question about whether Matheson would 'launch an investigation to determine whether someone added more of the Defendant's blood to the vial' acknowledged and tried to preempt the defense blood-planting narrative, but was immediately sustained.

Objections

10 objections (9 sustained, 1 overruled)

Proceeding 5943 • 57 utterances • Prosecution witness

Criminal Trial

Department 103