📄 Redirect examination of Gregory Matheson — Friday, May 5, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\5\REDIRECT-EXAMINATION-OF-GREGOR.DOC
TRIAL
▲ Day 68 of 167

Redirect examination of Gregory Matheson

Witness: Gregory Matheson
Examiner: Hank Goldberg
Called by: Prosecution • Date: Friday, May 5, 1995 • Utterances: 560
Prosecutor Goldberg uses redirect to dismantle the defense's blood vial transaction chart (Exhibit 1139) by having Matheson demonstrate that every figure on it was an approximation, not an exact measurement, and that the chart omitted blood lost to pipettes, gloves, and chem wipes. Matheson also described an overnight experiment he conducted replicating all five blood transactions, finding approximately 0.4–0.5 milliliters of blood was unaccounted for — directly undermining the defense's implied theory of planted blood.
1 THE COURT:

You are reminded, sir, you are still under oath. And Mr. Goldberg, you may conclude your redirect examination.

2 MR. GOLDBERG:

Thank you, your Honor.

REDIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG

3 MR. GOLDBERG:

Go morning, Mr. Matheson.

4 MR. MATHESON:

Good morning.

5 MR. GOLDBERG:

Good morning, ladies and gentlemen.

THE JURY: Good morning.

6 MR. GOLDBERG:

Now, Mr. Matheson, before we get back into the blood vial again, you were asked some questions regarding reporting of EAP results in general and you said something to the effect that if it is an inclusion, in other words, if you have an EAP type B and it includes the suspect, that you will report that generally as an inclusion. Can you explain that?

7 MR. MATHESON:

Yes, I can. As a matter of fact, it doesn't matter whether it was a suspect or victim or whatever. We are making a comparison to an individual and a stain. I made the differentiation as to whether or not I give that disclaimer about the potential degradation route of the EAP. I divide it between an inclusion versus an exclusion and the reason for that is, is as has been previously mentioned, particularly in conventional serological analysis, a result of that analysis is not conclusive, it does not say that this blood sample could have come from this person and nobody else. It is merely, you know, includes them in a certain percentage of the population that could have left a stain. And an exclusion is an absolute statement. If I am making an exclusion, I am saying this blood could not have come from that person. If the exclusion is based on an EAP b, then I have concerns with it because I am aware that it can degrade from a BA, that there is another possibility.

8 MR. BLASIER:

I'm going to object to the narrative response.

9 THE COURT:

State the question, counsel.

10 MR. GOLDBERG:

Sir, why is it that you would distinguish between an exclusion and an inclusion for the purposes of this EAP B type marker?

11 MR. MATHESON:

Well, because in the case of conventional serology it is not a definitive answer. An inclusion does not specifically say this blood came from this person and nobody else, as opposed to exclusion where it is an absolute statement. If I am saying this blood could not have come from somebody, that is my statement. It is an absolute.

12 MR. GOLDBERG:

Okay. And sir, during the course of your years at the serology unit in the Scientific Investigations Division, have you ever had any recitation of making exclusions when that is what you see on your electrophoretogram?

13 MR. BLASIER:

Objection, irrelevant.

14 THE COURT:

Overruled.

15 MR. MATHESON:

I'm not totally sure I understand. Do you mean have I hesitated making an exclusion if I see a B?

16 MR. GOLDBERG:

No. In other words, just in general, when something is an exclusion, do you report it as an exclusion?

17 MR. MATHESON:

Yes, I do.

18 MR. GOLDBERG:

Now, we were talking about the blood vial chart that the Defense used yesterday and some of the transactions involving item no. 17. Do you recall that?

19 MR. MATHESON:

Yes, I do.

20 MR. GOLDBERG:

Now, I was asking you about various pipetters that are used. Did you bring to Court the type of pipetter that we were talking about that I referred to as a pipette-man, a mechanical type pipetter?

21 MR. MATHESON:

Yes, I brought one of those.

22 MR. GOLDBERG:

Can you show us what that looks like?

23 THE COURT:

Mr. Fairtlough, can I get you to move this easel back about a foot.

24 MR. FAIRTLOUGH:

Yes, your Honor.

25 THE COURT:

We are obstructing the view of some of the jurors here.

26 (Brief pause.)
27 MR. MATHESON:

Okay. This--what I'm holding in my hand happens to be a pipette-man brand, what we call a pipetter or reusable pipetter. It allows you to set the amount that you want to deliver and you draw it up into a disposal tip--

28 THE COURT:

All right. Mr. Blasier, you are going to have to angle yourself differently here.

29 MR. BLASIER:

I'm sorry.

30 MR. MATHESON:

The unit is reusable because that is where you set the amount, but it has a tip on the end of it. That is what you are actually drawing the fluid into. They come in different sizes, you know, from very, very fine to this one happens to hold a maximum of one milliliter, and you depress the plunger, draw up your fluid and then press it again to deliver it. When you are done with that sample, there is another plunger on the back that releases the tip from the unit and then that is discarded.

31 MR. GOLDBERG:

So you discard those tips instead of autoclaving them or somehow sanitizing them to reuse them?

32 MR. MATHESON:

They are not reused.

33 MR. GOLDBERG:

Why not? Why don't you reuse them in serology?

34 MR. MATHESON:

Because at that point they have another sample in it. It would be inappropriate to use a previously used item like that.

35 MR. GOLDBERG:

And with the tip, when you discard it, how do you discard it?

36 MR. MATHESON:

Well, the mechanics of it, like I said, is there is a plunger on it. We have biological waste, things on the different lab benches, and you don't touch it or anything. It is as simple as just, you know, sticking this towards the biological waste and then releasing it, and it is disposed of.

37 MR. GOLDBERG:

And do you calculate, when you do this procedure, the amount of blood that is left in and on the outside of the pipetter?

38 MR. MATHESON:

No, I do not.

39 MR. GOLDBERG:

Your Honor, could we possibly take a picture of the pipetter and introduce that as an exhibit, because I don't want to introduce the pipetter itself?

40 MR. BLASIER:

I would object and ask that the pipetter be introduced.

41 MR. GOLDBERG:

It is a $300.00 item so we prefer to--

42 THE COURT:

Well, counsel, his case; his exhibit.

43 MR. GOLDBERG:

Can we bring it over here?

44 (Brief pause.)
45 THE COURT:

300 bucks for that thing?

KEY QUOTE
46 MR. MATHESON:

Actually I think that particular model is about that or a little more. There are some cheaper, but they are quite expensive.

47 MR. GOLDBERG:

Mr. Matheson, in the pipette tube there is what appears to be a little white stopper. Maybe that is probably not the correct terminology, but you know what I'm referring to in the end of the--in the plastic portion of the pipette tip?

48 MR. MATHESON:

Yes. It is up towards the larger opening or where it attaches to the pipetter.

49 MR. GOLDBERG:

What is that for?

50 MR. MATHESON:

That is specifically in there, particularly when you are dealing with biological materials, because if you, as you are drawing the fluid up inside the tip, if you do it too quickly, the possibility exists, because you are actually forming a suction and pulling it, spraying small particles that can make their way up into the part of the pipetter yourself that you reuse, so that plug in there allows the air to pass through but does not allow any of the biological product to pass.

51 MR. GOLDBERG:

Now, Mr. Matheson, I would like to show you next what we have previously marked as 163-F for identification, and can you hold that up so the jurors can see it and tell us what that is.

52 MR. MATHESON:

What this is, is an example of two glass disposable pipettes that we use. One of them has somewhere along the line gotten its tip broken off, but I made reference to a type of disposable one. They are not calibrated. You don't know how much you are drawing up or how much you are delivering. You place a small rubber bulb on the top, depress the bulb, place it into the fluid and let the bulb up and it sucks up the fluid into it.

53 MR. GOLDBERG:

Okay. So we don't actually have the bulb attachment on these particular items?

54 MR. MATHESON:

No.

55 MR. GOLDBERG:

And the bulb attachment I take it just creates some suction type effect in the disposable pipetter to draw the blood into the pipetter?

56 MR. MATHESON:

That's correct.

57 MR. GOLDBERG:

Now, did you use any of these types of disposable pipetters, the glass ones, in the work that you did in conjunction with item 17?

58 MR. MATHESON:

Yes, I did.

59 MR. GOLDBERG:

And how much blood, if you are drawing a milliliter, say, is going to be filled into the pipetter?

60 MR. MATHESON:

Very roughly probably between a third and two-thirds. I believe a milliliter would fall somewhere around in there, but I'm not totally sure of that.

61 MR. GOLDBERG:

So you are estimating--

62 MR. BLASIER:

Object and move to strike, no foundation.

63 THE COURT:

Sustained. Rephrase the question.

64 MR. GOLDBERG:

Well, can you give us your best estimate as to where a milliliter would be in this vial and just tell us the parameters of your margin of error?

65 MR. BLASIER:

Objection, no foundation.

66 THE COURT:

Sustained.

67 MR. GOLDBERG:

Sir, have you ever drawn a milliliter into one of these pipetters before?

68 MR. MATHESON:

I'm sure I have approximately at some point.

69 MR. GOLDBERG:

Okay. And when you do this routinely, do you pay very, very close attention to exactly where it is?

70 MR. MATHESON:

No. Like I mentioned, this is not a calibrated instrument. It is just for removing some fluid and delivering it somewhere else.

71 MR. GOLDBERG:

And when you say it is not calibrated, what do you mean by that?

72 MR. MATHESON:

Well, there is no marks on it to indicate different volume levels. It is merely a device to transfer some fluid from point a to point b.

73 MR. GOLDBERG:

Now, when you used this on the reference vial 17, can you give us an estimate, to the best of your abilities, as to how much of the disposable pipetter was actually occupied by blood from item 17?

74 MR. BLASIER:

Objection, no foundation or recollection.

75 THE COURT:

What time are we talking about? Which incident?

76 MR. GOLDBERG:

Well, you did it on the 27th I think; is that correct?

77 MR. MATHESON:

Yes, I did.

78 MR. GOLDBERG:

And can you tell us--

79 MR. MATHESON:

I have no independent recollection of that particular moment and I don't pay attention to exactly how much is drawn each time.

80 MR. GOLDBERG:

Okay. So we have no way of then being able to reconstruct with any high degree of accuracy exactly what that amount is?

81 MR. MATHESON:

That's correct.

82 MR. GOLDBERG:

Is that correct? Now, Mr. Matheson, when you perform this function, what do you do with the amount of blood that is left on the inside and outside of the disposable pipetter?

83 MR. MATHESON:

It is discarded.

84 MR. GOLDBERG:

And why don't you make some effort to try and recover that and return it to the blood vial?

85 MR. MATHESON:

Well, you are going to--there is no reason to. You have a blood vial that has quite a bit of blood in it in comparison to what we eventually end up using for our testing. There is plenty left for additional ones. You use that, draw some up. You don't throw it away full or something. You use your bulb, squirt out as much as you can, and discard the rest.

86 MR. GOLDBERG:

Now, I would like to put the pipette-man up on the elmo so that we can print this photograph. Apparently we need to do that mechanically. Do we have to lower the--

87 (Discussion held off the record between the Deputy District Attorneys.)
88 MR. GOLDBERG:

While that is printing, can I continue to ask questions?

89 THE COURT:

You may.

90 MR. GOLDBERG:

Thank you.

91 MR. GOLDBERG:

Now, Mr. Matheson, within the Scientific Investigations Division are there any type of other pipetters, other than the two that we have discussed today, which are used in taking blood from reference vials?

92 MR. MATHESON:

Yes, there is.

93 MR. GOLDBERG:

What is this other type?

94 MR. MATHESON:

It is just another type of disposable pipette. It is made out of plastic rather than glass.

95 MR. GOLDBERG:

Your Honor, when we have the picture printed, can I mark that as People's next in order? I guess it is 226.

96 THE CLERK:

227.

97 THE COURT:

227.

98 (Peo's 227 for id = photograph)
99 MR. GOLDBERG:

And Mr. Matheson, would there be any problem with us introducing the actual tip of the pipette-man as an exhibit?

100 MR. MATHESON:

No.

101 MR. GOLDBERG:

Can we have that? Maybe we can have the tip of the pipette-man as 228.

102 THE COURT:

All right. People's 228, the disposable pipetter.

103 (Peo's 228 for id = disposable pipetter)
104 MR. GOLDBERG:

Sir, did you bring an example of this other pipetter to Court with you this morning?

105 MR. MATHESON:

Yes, I did.

106 MR. GOLDBERG:

Can you show us that?

107 MR. MATHESON:

This is a sample of one of the other type of pipetters that are used by--in our laboratory. It is--all in one unit. As opposed to the glass one which had a separate bulb on the top, this one has one built into it and it works the same way as the glass one. You squeeze the top, stick it into the fluid, let it out, release the top, draws it up inside of it and then you squeeze it again to deliver it where you want.

108 MR. GOLDBERG:

Which division uses this? Toxicology?

109 MR. MATHESON:

They do mainly, but it is occasionally used in serology.

110 MR. GOLDBERG:

And in using this item to draw blood, what is the procedure in the laboratory with respect to what you do with the blood that stays on the inside or clings on the outside during the transaction?

111 MR. MATHESON:

Well, similar to the glass disposable pipette and the disposal tips on the pipetter, once you have squeezed it and delivered as much as you can out of it, this is discarded in a biohazard waste disposal.

112 MR. GOLDBERG:

And why isn't any further effort tried to be made to retrieve whatever is clinging to the inside and outside of the pipetter in order to return it to its vial?

113 MR. MATHESON:

Again, it is not seen as being necessary to return every little microliter of blood that is being pulled out of a liquid blood tube.

114 MR. GOLDBERG:

So it is just thrown away and lost forever?

115 MR. MATHESON:

That's correct.

116 MR. GOLDBERG:

All right. And do you have any personal knowledge with respect to the testing that was done in serology--in toxicology, I believe, on June the 20th, with respect to exactly how much blood was pipetted into one of these pipetters?

117 MR. MATHESON:

No, I do not.

118 MR. GOLDBERG:

And do you know how much blood remained on the inside and outside of the pipetter after that transaction was complete?

119 MR. MATHESON:

No, I do not.

120 MR. GOLDBERG:

So Mr. Matheson, we have no way of being able to reconstruct with precision exactly how much blood was actually tossed out during that transaction; is that true?

121 MR. MATHESON:

That's correct.

122 MR. GOLDBERG:

So all of these numbers that were placed on the Defense chart, were they exact numbers or approximations?

123 MR. MATHESON:

They would all be approximations.

124 MR. GOLDBERG:

And did any of those numbers take into account the amounts that are lost during the transactions dealing with the blood? In other words, on pipetters, on gloves, on chem wipes and the like?

125 MR. MATHESON:

No, I don't believe they did.

126 MR. GOLDBERG:

So the Defense chart is therefore incomplete and inaccurate; is that correct?

127 THE COURT:

Counsel, that is an argumentative question. And which board are you referring to? Which exhibit?

128 MR. GOLDBERG:

Referring to the exhibit that has been marked, if I can see it, as 11--

129 THE CLERK:

39.

130 THE COURT:

1139.

131 MR. GOLDBERG:

--39.

132 (Discussion held off the record between the Deputy District Attorneys.)
133 MR. GOLDBERG:

Is the Defense board accurate?

KEY QUOTE
134 MR. MATHESON:

No, I don't believe so.

135 MR. GOLDBERG:

Now, also, umm--well, I will get into that later. Let's start up again with the June--excuse me, the September the 30th transaction where you testified that you delivered one milliliter of blood to Mr. Ragle.

136 MR. MATHESON:

Okay.

137 MR. GOLDBERG:

When you said "delivered one milliliter of blood," what did you mean by that?

138 MR. MATHESON:

That rather than just estimating, I used a pipetter, either like the one I described--like I say, we have a couple other different brands that--they work basically the same. They just look differently--used that same type of tip, set the pipetter to one milliliter and transferred that amount from the blood vial into a microcentrifuge tube that we have talked about before, the small conical plastic tube.

139 MR. GOLDBERG:

And Mr. Matheson, could you place a one milliliter sticker on the Defense blood vial chart.

140 MR. MATHESON:

(Witness complies.) directly above the 2.6?

141 MR. GOLDBERG:

Yes.

142 (Witness complies.)
143 MR. GOLDBERG:

Now, Mr. Matheson, is the one milliliter that is represented there an exact measure or an approximate?

144 MR. MATHESON:

It is approximation.

145 MR. GOLDBERG:

Why?

146 MR. MATHESON:

Well, as mentioned before, even though the pipetter is set and I believe that I delivered approximately one milliliter into this microcentrifuge tube, there is going to be a small amount that is going to be lost. When you remove the cap, it is going to be clinging to the sides of the tip that is going to be discarded.

147 THE COURT:

I think we have heard this now about six times.

KEY QUOTE
148 MR. GOLDBERG:

But we are going to go all the way up the chart, your Honor.

149 MR. GOLDBERG:

Now, Mr. Matheson, in order for this to be accurate, therefore, shouldn't the chart reflect that it is an approximation as opposed to an exact precise figure?

150 MR. BLASIER:

Objection, asked and answered.

151 THE COURT:

It is argumentative as well. Sustained.

152 MR. GOLDBERG:

Is there a symbol that you use in science when you are talking about measurements for the purposes of showing something is approximation?

153 MR. MATHESON:

Yes, there is.

154 MR. GOLDBERG:

And can you write that symbol on the one milliliter portion just to signify that?

155 (Witness complies.)
156 THE COURT:

Before we do that--

157 JUROR NO. 1492:

I can't see it.

158 THE COURT:

1492 indicates she can't see. And Mr. Blasier, do you have any objection to the Prosecution marking on your board?

159 MR. GOLDBERG:

I'm just going to mark my tabs. I'm not going to mark their board.

160 (Brief pause.)
161 THE COURT:

1492.

162 JUROR NO. 1492:

Yes.

163 THE COURT:

Thank you.

164 MR. MATHESON:

Again, you will be marking--it is just kind of a squiggle that is an indication of approximation.

165 MR. GOLDBERG:

Now, when the one milliliter was put on for this transaction on the Defense board, was that squiggle there?

166 MR. MATHESON:

No, it was not.

167 MR. GOLDBERG:

Now, I would like to direct your attention next to the date of June the 27th when you did some testing--

168 MR. MATHESON:

Okay.

169 MR. GOLDBERG:

--as to item 17. How much did you use? And when I say "use," I'm talking not only about what was consumed in the tests, but in total.

170 MR. BLASIER:

Objection, asked and answered, no foundation.

171 THE COURT:

We have asked this question already.

172 MR. GOLDBERG:

I believe you testified it was between .5 milliliters and one milliliter is that correct?

173 THE COURT:

Sustained. Sustained. That is leading. You have asked this question.

174 MR. GOLDBERG:

Let's take the higher of the two sums; one milliliter. Is that an exact sum or approximation?

175 MR. BLASIER:

Objection, assumes facts not in evidence.

176 THE COURT:

Sustained.

177 MR. GOLDBERG:

No, that--

178 THE COURT:

Don't argue with me, counsel.

179 MR. GOLDBERG:

Mr. Matheson, could you have used as much as one milliliter in total with respect to that transaction?

180 MR. BLASIER:

Objection, calls for speculation.

181 THE COURT:

Leading as well. Sustained.

182 MR. GOLDBERG:

How much is the maximum amount you could have used in connection with that transaction?

183 MR. BLASIER:

Objection, no foundation.

184 THE COURT:

Overruled.

185 MR. MATHESON:

Conservatively about one milliliter.

186 MR. GOLDBERG:

Okay. Is that an exact figure or an estimate?

187 MR. MATHESON:

It is approximation.

188 MR. GOLDBERG:

And can you place another milliliter on the board and also place one of the squiggles on it to indicate approximation.

189 (Witness complies.)
190 (Discussion held off the record between the Deputy District Attorneys.)
191 MR. GOLDBERG:

And when you use the term "conservatively," Mr. Matheson, did you mean that it could be slightly more than that or slightly less than that?

192 MR. BLASIER:

Objection, leading.

193 THE COURT:

Sustained.

194 MR. GOLDBERG:

What did you mean when you said "conservatively"?

195 MR. MATHESON:

I believe the question was a maximum amount I could have used. I could have been a little bit higher than that which I why I said conservatively one milliliter.

196 MR. GOLDBERG:

Could it have also been less?

197 MR. MATHESON:

Yes.

198 MR. BLASIER:

Objection. Move to strike, no foundation.

199 THE COURT:

Overruled.

200 MR. GOLDBERG:

Now, Mr. Matheson, at the time that you--there was a period of time when you spoke to Mr. Ragle about this transaction; is that correct?

201 MR. MATHESON:

Yes, it is.

202 MR. GOLDBERG:

At that time did you have a clear independent recollection as to exactly what you did in terms of removing blood from the vial for your testing on the 27th?

203 MR. MATHESON:

No, I did not.

204 MR. GOLDBERG:

And were you trying to make clear mental notes of that at the time on the 27th?

205 MR. MATHESON:

No, I was not.

206 MR. GOLDBERG:

Now, directing your attention next to the date of June the 25th that you testified about, on that date Mr. Yamauchi did some testing; is that correct?

207 MR. MATHESON:

Yes, he did.

208 MR. GOLDBERG:

And according to the records that you previously read, did he state that he used .75 or did he have one of the squiggles in his notes?

209 MR. MATHESON:

I believe there was an approximation mark on it.

210 MR. GOLDBERG:

Okay. Now, when the Defense put their sticker on the chart, did their sticker for that contain the approximation that Mr. Yamauchi wrote in his notes?

211 MR. MATHESON:

No, it did not.

212 MR. GOLDBERG:

So was the sticker from the Defense an accurate representation of what was reflected in Mr. Yamauchi's records?

213 MR. BLASIER:

Objection, argumentative.

214 THE COURT:

Sustained.

215 MR. GOLDBERG:

Was the sticker correct?

216 MR. MATHESON:

No.

217 MR. BLASIER:

Objection, no foundation.

218 THE COURT:

Overruled.

219 MR. MATHESON:

As for what was written in the notes, no.

220 MR. GOLDBERG:

Sir, could you now place a .75 sticker on the chart and give us an approximation--one of the approximation signs.

221 (Witness complies.)
222 MR. GOLDBERG:

Your Honor, could we have permission to lower the chart a little at this time for my next set of questions, since the bottom has become slightly less relevant?

223 THE COURT:

Slightly.

224 MR. GOLDBERG:

Okay.

225 (Brief pause.)
226 MR. GOLDBERG:

Either that or we are going to need a pole.

227 THE COURT:

All right. How about right there.

228 MR. GOLDBERG:

Now, with respect to the next date, June the 20th, did you place a sticker on when the Defense was questioning you for .70, to your recollection?

229 MR. MATHESON:

Yes, I believe we did.

230 MR. GOLDBERG:

Do you know where that number comes from?

231 MR. MATHESON:

It was reflective of what toxicology did. I am not aware of the exact number.

232 MR. GOLDBERG:

But did--did you find an actual record that contained that .70?

233 MR. MATHESON:

I don't believe so, no.

234 MR. GOLDBERG:

And do you have any personal knowledge of exactly how that .70 was arrived at?

235 MR. MATHESON:

No, I do not.

236 MR. GOLDBERG:

Okay. Are any of your measures that you do in the laboratory accurate to within .1 milliliters, generally?

237 MR. MATHESON:

Any measurement?

238 MR. GOLDBERG:

Well, measurements of blood from a vial in connection with transactions such as the ones that they do in toxicology?

239 MR. MATHESON:

I don't believe so, no.

240 MR. GOLDBERG:

Okay. So this .07, wherever it came from then, is not an exact figure; is that correct.

241 MR. BLASIER:

Objection, argumentative.

242 THE COURT:

Speculative. Sustained.

243 MR. GOLDBERG:

Sir, based upon your understanding of the practices in toxicology, is that an exact figure as in .70000?

244 MR. BLASIER:

Objection, calls for speculation.

245 THE COURT:

Sustained.

246 MR. GOLDBERG:

Sir, do you have any personal knowledge of how exact that figure is?

247 MR. MATHESON:

No, I do not.

248 MR. GOLDBERG:

So at this point we have no way of reconstructing or you have no way of reconstructing whether it was .7 or .8 or .9 or .5, do you?

249 MR. BLASIER:

Objection, argumentative.

250 THE COURT:

Sustained.

251 MR. GOLDBERG:

Do you have any personal knowledge of whether it was any of those sums?

252 MR. BLASIER:

Objection, asked and answered.

253 THE COURT:

Different question. Only slightly, though.

254 MR. MATHESON:

The--what I know about the .7 is what was discussed here in the courtroom the other day.

255 MR. GOLDBERG:

No personal knowledge?

256 MR. MATHESON:

That's correct.

257 MR. GOLDBERG:

All right. Well, let's just take the .7, if we have one, and put that back up on the blood vial chart.

258 (Witness complies.)
259 MR. GOLDBERG:

Thank you.

260 MR. MATHESON:

And adding onto it the approximation sign.

261 MR. GOLDBERG:

And do you have any personal knowledge as to how much would have been lost in the transaction relating to this .7 milliliters, if it was .7 milliliters?

262 MR. MATHESON:

For just this one transaction, no, I do not.

263 MR. GOLDBERG:

All right. Now, Mr. Matheson, going to the next date of June the 14th, according to your records that you looked at yesterday during cross-examination, did Mr. Yamauchi use one milliliter for swatching, approximately one milliliter?

264 MR. MATHESON:

Approximately one, yes.

265 MR. GOLDBERG:

And in his notes do you have one of the squiggles to indicate it was an approximation?

266 MR. MATHESON:

I believe so, yes.

267 MR. GOLDBERG:

When you placed the sticker on the Defense chart did it contain one of those squiggles that was contained in Mr. Yamauchi's notes?

268 MR. MATHESON:

No, it did not.

269 MR. GOLDBERG:

Was their chart correct in that regard?

270 MR. BLASIER:

Objection, argumentative.

271 THE COURT:

Sustained.

272 MR. GOLDBERG:

Now, Mr. Matheson, can you now place a sticker on the chart for one milliliter and again place one of the transaction symbols on it.

273 (Witness complies.)
274 MR. GOLDBERG:

One of the approximation symbols, rather?

275 (Witness complies.)
276 MR. GOLDBERG:

Now, Mr. Matheson, with respect to each one of the transactions that we have just testified to and that you testified to on cross-examination, the five transactions, did you duplicate those transactions last night when you went back to the laboratory after your testimony in Court?

277 MR. MATHESON:

I duplicated the actions that would be associated with that type of transaction as they have been described here.

278 MR. BLASIER:

Your Honor, I'm going to object to any further testimony on this as improper--doesn't mirror the conditions that we know.

279 THE COURT:

Called foundation, counsel.

280 MR. BLASIER:

No foundation, sorry.

281 MR. GOLDBERG:

This is just my first question, your Honor.

282 THE COURT:

I know. I haven't heard anything else so I will take that as a premature objection.

283 MR. GOLDBERG:

Now, Mr. Matheson, when you say you duplicated them, let's start with the September the 30th working our way down from bottom to top. September 30th transaction what did you do?

284 MR. MATHESON:

What I wanted to do was reproduce the way one milliliter of blood would be removed from the vial and then placed in another microcentrifuge tube and released. So I took a pipetter, set it to one milliliter, removed the cap of the blood vial like I would using gloves and a chem wipe, lay it on the counter, used the pipetter, removed one milliliter. And rather than delivering it to something else, I delivered it back into the tube and then discarded the tip, recapped the blood vial and that was the completion of that transaction.

285 MR. GOLDBERG:

When you started did you have a certain amount of blood in the blood vial?

286 MR. MATHESON:

Yes. Prior to doing any of this, I, like I described earlier, placed a similar blood vial next to it that was empty, putting them on a table, adding water to it until it was--you know, to the same height, capped that one and set it aside and marked it as a starting volume.

287 MR. GOLDBERG:

Isn't there a certain margin of error in that measuring technique as well?

288 MR. MATHESON:

Still you are using your eye, even though you have it on a flat surface, using your eye to fill it up as close as possible to the same level, and there is a slight error associated with that.

289 MR. GOLDBERG:

For what purpose were you doing this, by the way?

290 MR. MATHESON:

I had really no strong idea of how much blood might be lost during the course of a number of opening and closing transactions with a blood vial and I was curious to find out if it was measurable.

291 MR. GOLDBERG:

And have any experiments been done, to your knowledge, previously to this to try to calculate what is lost in the transactions, the various transactions associated with the blood vial?

292 MR. MATHESON:

Not to my knowledge.

293 MR. GOLDBERG:

Now, Mr. Matheson, after you did this replication of the transaction that--well, let me ask you a few other questions first. In terms of the transaction that you replicated as to the September the 30th transaction, what did you do with the one milliliter of blood that was pipetted out?

294 MR. MATHESON:

I returned it back to the blood vial.

295 MR. GOLDBERG:

You mean after you were all finished?

296 MR. MATHESON:

Well, I didn't--what I wanted to do was capture the amount that would be used during the transfer process.

297 MR. GOLDBERG:

I see.

298 MR. MATHESON:

If I had taken that milliliter of blood, put it into another container and then returned at a later time or tried to measure that other container, it would have been additional error because there would have been something clinging to it that was not part of the transaction we are trying to duplicate. So I merely, like I said, removed the one milliliter, pulled the pipette out of the blood and then like I said, depressed the plunger and returned the blood to the same blood vial.

299 MR. GOLDBERG:

What did do you with the pipette tip, your gloves and the chem wipe?

300 MR. MATHESON:

Well, at that point I didn't change my gloves because I'm working all with the same item. The pipette tip and the chem wipe that was used to remove the cap, put it back on again at that point, was just placed into a pile in front of me and eventually made its way into a biohazard container.

301 MR. GOLDBERG:

Okay. Now, let's go to the June the 27th transaction. What do you do to replicate the blood that you removed from the vial personally for your testing on that date?

302 MR. MATHESON:

Well, in that case, this is the testing that I did, and like I have testified, I don't really remember whether I discarded after removing a portion of the blood to spin down for the ABO test, putting it into a microcentrifuge tube, I don't know if I discarded that complete with all the blood in it or if I made an attempt to return it back to the blood vial. Wanting to be as conservative as possible, I assumed I returned it to the blood vial. So what I did again was took the vial, removed the cap using the chem wipe and gloves, like I have described, I used one of the glass dispo pipettes because that is the type I use, inserted it into the blood vial and transferred some of that blood into a microcentrifuge tube. I then capped that tube, put it into a centrifuge to spin it down. I wanted to actually start the process of running an ABO test. And placed the dirty disposable pipette, I think I testified to before, in a test-tube that was sitting also alongside. So now it is just being held there--

303 MR. BLASIER:

Object to the narrative response.

304 THE COURT:

Ask another question.

305 MR. GOLDBERG:

What did you do next?

306 MR. MATHESON:

The tube was done centrifuging, brought it back to my work area, removed three drops of serum and three drops of cells, just as if I was running an ABO test. I then used the glass disposable pipette that I had before, sucked up as much of the blood in the centrifuge tube as I could, returned that to the blood vial, recapped the blood vial and discarded all the items that had been used during that process.

307 MR. GOLDBERG:

Okay. Now, when you say "all the items," you mentioned a microcentrifuge tube, a disposable pipette, a test-tube and a chem wipe. Have I missed anything?

308 MR. MATHESON:

Yes. There is one thing that I left out of that and that is a very small capillary tube that is used to deliver the small drops for the test.

309 MR. GOLDBERG:

All right. And the capillary tube and as to those five items, what did you do with those?

310 MR. MATHESON:

They were--again, they were just placed in a pile in front of me to be discarded.

311 MR. GOLDBERG:

Now, with respect to the June 25th transaction, where Mr. Yamauchi, according to his notes, used approximately .75 milliliters, what did you do to replicate that?

312 MR. MATHESON:

In that particular--

313 MR. BLASIER:

Objection, no foundation.

314 THE COURT:

Overruled.

315 MR. MATHESON:

In that transaction I used a disposable pipette, rather than the calibrated one, because that is what is used in a situation like this. We are not removing an exact amount. Reopened the cap, again using the chem wipe and the gloves, removed a portion into the disposable pipette, pulled it out of the tube and then returned as much of it as I could back into the vial, recapped the vial and set it aside and then disposed of the disposable pipette.

316 MR. GOLDBERG:

Okay. Now, let's go through all of the items that you used here that were disposed. There is a disposable pipette, a, did you say, microcentrifuge tube?

317 MR. MATHESON:

For the June 25th?

318 MR. GOLDBERG:

Yes.

319 MR. MATHESON:

No, just the disposable pipette. That is it.

320 MR. GOLDBERG:

That is the only thing?

321 MR. MATHESON:

Yes.

322 MR. GOLDBERG:

All right. And what did you do with the disposable pipette?

323 MR. MATHESON:

Disposed of it. Put it on the pile of the stuff that was eventually going to get thrown away.

324 MR. GOLDBERG:

Did that still have some blood on it or residue of blood when you put it in the disposable pile?

325 MR. MATHESON:

It has some adhering to the inside and a little bit on the outside of the tip.

326 MR. GOLDBERG:

Now, with respect to the June the 20th transaction in toxicology, what did you do to replicate that?

327 MR. MATHESON:

Basically the same thing that I just described as the one that Mr. Yamauchi was involved in, but rather than using the glass disposable pipette, I used the plastic one like I had shown to you before, because that is the implement that they used.

328 MR. GOLDBERG:

And have you worked with a plastic disposable pipettes before?

329 MR. MATHESON:

Yes, I have.

330 MR. GOLDBERG:

Did the plastic disposable pipettes have the same amount of blood clinging to them, after you are finished, as the glass ones?

331 MR. MATHESON:

It is hard to tell by just looking at them, but just visually it looks like it has a little bit more, but it is not measurable.

332 MR. BLASIER:

Objection, no foundation. Move to strike.

333 THE COURT:

Overruled.

334 MR. GOLDBERG:

So what were the items--did you use the chem wipe again in order to open up the vial?

335 MR. MATHESON:

A different one, yes.

336 MR. GOLDBERG:

Okay. And you used the disposable pipetter?

337 MR. MATHESON:

Yes.

338 MR. GOLDBERG:

And what else did you use?

339 MR. MATHESON:

In that transaction that was it.

340 MR. GOLDBERG:

What did you do with those two items?

341 MR. MATHESON:

They were added to the pile of things that are going to be disposed of.

342 MR. GOLDBERG:

And then, sir, did you do something to replicate the June 14th--I'm sorry, as to those two items, did they still have some blood on them when you added them to the trash pile?

343 MR. MATHESON:

Yes, they did.

344 MR. GOLDBERG:

Now, did you do something to replicate the June 14th transaction?

345 MR. MATHESON:

Yes, I did.

346 MR. GOLDBERG:

What?

347 MR. MATHESON:

This is very similar to the first one that was described in the fact that it was mentioned that about one milliliter was used for swatching. I used a calibrated or repeatable pipette like we showed you, the pipette-man, probably used a different brand. I again set the vial up, used the chem wipe, removed the cap, set that down on the table, used the pipetter to draw up one milliliter of blood, pulled it out of the vial and then returned what was in the pipette tip back to the vial, recapped the vial and disposed of the tip.

348 MR. GOLDBERG:

What did you do with the chem wipe that you used for the purposes of opening up the vial?

349 MR. MATHESON:

It was added to the pile of things to be disposed.

350 MR. GOLDBERG:

And did both of those two items have some blood on them?

351 MR. MATHESON:

The chem wipe and the tip, yes, they both still had some.

352 MR. GOLDBERG:

Now, up to this point you hadn't changed your gloves; is that correct?

353 MR. MATHESON:

That's correct.

354 MR. GOLDBERG:

Was this--this was the last transaction that you replicated?

355 MR. MATHESON:

Yes, it was.

356 MR. GOLDBERG:

Although--did you actually do it in the order that I went through or did you do it in the other order?

357 MR. MATHESON:

I did it in the reverse order.

358 MR. GOLDBERG:

Okay. Now, Mr. Matheson, what did you do with the gloves that you were wearing?

359 MR. MATHESON:

Well, when I was all done I removed them and added them to the pile that was going to be disposed of.

360 MR. GOLDBERG:

So by now you had a fair pile of disposable items that you had used in replicating these various transactions that had blood on them?

361 MR. MATHESON:

I had--yeah, I had a pile of trash in front of me.

362 MR. GOLDBERG:

What did do you with that?

363 MR. MATHESON:

That was gathered up and placed into a biohazard trash receptacle that we have.

364 (Discussion held off the record between the Deputy District Attorneys.)
365 MR. GOLDBERG:

And was there some blood on each one of those disposable items that you threw away?

366 MR. MATHESON:

Yes.

367 MR. GOLDBERG:

Now, as a result of this, Mr. Matheson, did you calculate how much blood was lost in the transactions, in other words, as a result of using these various things that were thrown away in the garbage?

368 MR. MATHESON:

Yes, I did.

369 MR. GOLDBERG:

What?

370 MR. MATHESON:

Well, upon completion of all of these I repeated the measurement step that I did at the beginning, taking a second empty blood vial, placing it alongside of the vial that has the blood in it, filling it to where I could see looked like the same level, and I placed the blood vial--and now I had a before--beginning and a completed two blood vials that contained equivalent amounts of water to the blood that I saw in the tube at that time.

371 MR. GOLDBERG:

What was the difference?

372 MR. MATHESON:

It was approximately .4 to .5 milliliters or about half a milliliter.

KEY QUOTE
373 MR. GOLDBERG:

Now, sir, with respect to that figure, is that an exact figure or is that also approximation?

374 MR. MATHESON:

Definitely not exact; it is approximation.

375 MR. GOLDBERG:

So if you were writing it out would you also put a squiggly in front of it?

376 MR. MATHESON:

Yes, I would.

377 (Discussion held off the record between the Deputy District Attorneys.)
378 MR. GOLDBERG:

Now, the substance that you used for this, was it actually blood?

379 MR. MATHESON:

Yes, it was.

380 MR. GOLDBERG:

Now, Mr. Matheson, when you were doing these series of transactions, were you trying to be extra sloppy in order to spill as much blood as possible? I mean how were you doing it?

381 MR. BLASIER:

Objection, leading.

382 THE COURT:

Sustained.

383 MR. GOLDBERG:

How were you doing it?

384 MR. MATHESON:

I was doing it as close to the way as I would normally do it when I'm doing case work.

385 MR. GOLDBERG:

All right. And when you are giving this figure, are you saying that that is the amount that would always be lost in this series of transactions or just your best effort to give us an approximation?

386 MR. MATHESON:

It is an approximation based on the tests I ran yesterday.

387 MR. GOLDBERG:

Now, Mr. Matheson, can you put up a five milliliter item onto our board and place one of the squigglys on it to indicate that it is an approximation.

388 MR. MATHESON:

It is a .5 milliliter.

389 MR. GOLDBERG:

.5?

390 MR. MATHESON:

I'm going to put the squiggly on down here. (Witness complies.)

391 MR. GOLDBERG:

Now, Mr. Matheson, with respect to the 2.6 milliliters itself, you took that measurement, didn't you?

392 MR. MATHESON:

Yes, I did.

393 MR. GOLDBERG:

And you used the method that you have previously described with filling up the vial?

394 MR. MATHESON:

Yes.

395 MR. GOLDBERG:

So is that an exact measure or again does that have a margin of error to it?

396 MR. MATHESON:

It is not exact. It is an approximation.

397 MR. GOLDBERG:

So if we wanted to make this chart correct, we should also probably have a squiggly in front of that; is that true?

398 MR. MATHESON:

Yes.

399 (Discussion held off the record between the Deputy District Attorneys.)
400 MR. GOLDBERG:

I don't want to write on the Defense chart, but can you just add a little squiggly on to the 2.6 milliliters.

401 (Witness complies.)
402 MR. GOLDBERG:

Your Honor, at this time I would like to mark as People's next in order two photos. I have shown them to counsel yesterday. One is of what appears to be the blood vial and it is standing up with a person's finger on the top, as People's 2--

403 THE COURT:

229, I believe.

404 MR. GOLDBERG:

--29.

405 (Peo's 229 for id = photograph)
406 MR. GOLDBERG:

And as 228 a picture of what appears to be a microcentrifuge tube.

407 THE COURT:

230 you mean.

408 MR. GOLDBERG:

And it is also standing up.

409 THE COURT:

230.

410 (Peo's 230 for id = photograph)
411 MR. GOLDBERG:

I would like to place 229 on the elmo first.

412 (Discussion held off the record between the Deputy District Attorneys.)
413 MR. GOLDBERG:

We are going to have to lower our blood vial chart again. (Brief pause.)

414 (Discussion held off the record between the Deputy District Attorneys.)
415 THE COURT:

Mr. Goldberg.

416 MR. GOLDBERG:

Thank you.

417 MR. GOLDBERG:

Mr. Matheson, directing your attention to the vial that has been marked--excuse me--the photograph of the vial that has been marked 228 vial--

418 THE COURT:

I think the photo was 229.

419 MR. GOLDBERG:

You are right, your Honor. I'm sorry.

420 MR. GOLDBERG:

229. Actually it is sort of hard to tell for some reason on the elmo, but in this picture is this vial actually standing up?

421 (No audible response.)
422 MR. GOLDBERG:

Do you need to see the picture?

423 MR. MATHESON:

No. It appears it is standing on--well, it is. It is standing on the bottom part of it with the cap on the top.

424 MR. GOLDBERG:

Now, Mr. Matheson, was there an occasion where the blood vial was measured by someone else in your presence using a ruler?

425 MR. MATHESON:

Yes, there was.

426 MR. GOLDBERG:

And a note pad?

427 MR. MATHESON:

Yes.

428 MR. GOLDBERG:

Who did that?

429 MR. MATHESON:

Mark Taylor.

430 MR. GOLDBERG:

Is he a person that works for SID?

431 MR. MATHESON:

No, he is not.

432 MR. GOLDBERG:

Who does he work for?

433 MR. MATHESON:

He is a criminalist that works for himself. He is a private.

434 MR. GOLDBERG:

Was it your understanding he was retained by the Defense in this case?

435 MR. MATHESON:

Yes.

436 MR. GOLDBERG:

Now, when he was measuring this, can you tell us what kind of a ruler he used?

437 MR. BLASIER:

I would object as irrelevant.

438 THE COURT:

Overruled.

439 MR. MATHESON:

It is just a plastic ruler approximately 15 inches long.

440 MR. GOLDBERG:

Why is the blood vial standing on a pad of paper?

441 MR. MATHESON:

Well, that particular ruler, like a lot of rulers, the measurement does not start at the end, it is actually inset three-sixteenths of an inch or a quarter--if you ding up the end or knock up the end, it doesn't affect the marker or beginning point. So an attempt was made, by using the note pads, to bring it up and account for that little bit of the, ruler so the bottom of the tube was at the same height as the bottom of the ruler or the beginning mark.

442 MR. GOLDBERG:

Mr. Matheson, doesn't that seem like an extremely inaccurate way of measuring the blood vial?

443 MR. BLASIER:

Objection, argumentative.

444 THE COURT:

Sustained.

445 MR. GOLDBERG:

Is this the referable way, from a forensic standpoint, to measure the blood vial?

446 MR. MATHESON:

It is not the way--

447 MR. BLASIER:

Objection. Move to strike the testimony.

448 THE COURT:

Overruled.

449 MR. MATHESON:

It was not my choice to do it that way. I preferred the equivalent amount of water.

KEY QUOTE
450 MR. GOLDBERG:

Now, Mr. Matheson, when you actually did your own measurement using the technique of equivalent amounts of water, did you actually have as to stand the blood vial up similar as is depicted in this photograph?

451 MR. MATHESON:

Yes, I did.

452 MR. GOLDBERG:

And when you measured that did you take into account the amount of blood that is clinging to the inside of the vial?

453 MR. MATHESON:

No. I was measuring the amount that had collected in the bottom.

454 MR. GOLDBERG:

And if you look at the top of this vial there appears to be something a little less than--hold on for a second.

455 (Brief pause.)
456 MR. GOLDBERG:

--a quarter of a--looks like it is a little less than a quarter of an inch or approximately a quarter of an inch of blood that is stuck up toward the top of the vial?

457 MR. BLASIER:

Objection, leading.

458 THE COURT:

Sustained.

459 MR. GOLDBERG:

Well, sir, how much--let me take a look at the photograph. Maybe I can show the witness the photograph because it is hard to tell on the elmo. May I approach for a second?

460 THE COURT:

You may.

461 (Brief pause.)
462 THE COURT:

I think that is the centimeter scale.

463 MR. GOLDBERG:

You are right.

464 MR. GOLDBERG:

Can you tell us how much the measure is or the approximate measure is of blood that is up toward the top of the vial?

465 MR. BLASIER:

Objection, no foundation.

466 THE COURT:

Sustained.

467 MR. GOLDBERG:

Is there a ruler right next to it?

468 MR. MATHESON:

Yes, there is.

469 MR. GOLDBERG:

And using the ruler, can you tell us approximately how much blood you can see in the darkened area at the top of the vial?

470 MR. BLASIER:

Objection, no foundation.

471 THE COURT:

Sustained.

472 MR. GOLDBERG:

Well, when you saw the vial was there blood that was stuck up at the top of the vial?

473 MR. MATHESON:

Normally there is. I don't remember if there was on this particular instant.

474 MR. GOLDBERG:

Okay.

475 MR. BLASIER:

Objection. Move to strike, nonresponsive.

476 THE COURT:

Overruled.

477 MR. GOLDBERG:

Why is there blood stuck up at the top of the vial? How does it get there?

478 MR. MATHESON:

Well, many times--well, usually when the blood vial is being stored it is in an envelope. A lot of times it is upright, sometimes it could be upside down or falling on its side. The blood comes in contact with all parts of the inside of the tube and some of it is going to adhere up around the stopper.

479 MR. GOLDBERG:

And did you do your measurement of the 2.6 milliliters after the mark Taylor measurement, to your recall?

480 MR. MATHESON:

I don't remember. I believe it was before.

481 MR. GOLDBERG:

All right. Now, with respect to--

482 (Discussion held off the record between the Deputy District Attorneys.)
483 MR. GOLDBERG:

Do you know whether there was any more removal of blood between the Mark Taylor measurement and your measurement?

484 MR. MATHESON:

Not to my knowledge, no.

485 MR. GOLDBERG:

When you measured the vial, did you take into account any blood that was up around the top of the vial?

486 MR. MATHESON:

All I did was measure the part that had settled down in the bottom of the vial.

487 MR. GOLDBERG:

And Mr. Matheson, are you willing to come to any estimate as to how much blood in this particular picture is at the top of the vial on the inside?

488 MR. MATHESON:

No, I am not.

489 MR. GOLDBERG:

And is that because you have never made any scientific inquiry to try to find that out?

490 MR. BLASIER:

Objection, leading.

491 THE COURT:

Sustained.

492 MR. GOLDBERG:

Why aren't you willing to estimate?

493 MR. MATHESON:

Because I'm not even sure how we would go about measuring that. It adheres to the vial or the cap when you pull it off the cap. It may adhere to the cap it may go down the side. I don't think you could do a good measurement of that.

494 MR. GOLDBERG:

As a forensic scientist testifying in Court under oath, would you be prepared to give what would just constitute a guesstimate of that amount?

495 MR. MATHESON:

Not of that amount, no.

496 MR. GOLDBERG:

Now, I would next like to show you the microcentrifuge tube, the photograph of which I have marked as 230 for identification. Sir, before I ask you about this, other than the incident in Court the other day where you were handed a vial of water that purported to contain eight milliliters, and poured it out and saw that it actually measured 7.5--was it 7.5?

497 MR. MATHESON:

That is what I measured when I poured it, yes.

498 MR. GOLDBERG:

Other than that, have you ever tried to make any inquiry as to how much blood will stick to the inside of a vial?

499 MR. MATHESON:

No, I have not.

500 MR. GOLDBERG:

Now, with respect to the microcentrifuge tube, when you looked at the microcentrifuge tube did you attempt to measure the amounts of blood that are stuck to the interior portion of the vial or where the blood line itself is and also the portion up near the cap?

501 MR. MATHESON:

No, I did not. I just measure the amount that settled towards the bottom.

502 MR. GOLDBERG:

And again, as a forensic scientist, would you be willing to give us any estimation as to that amount?

503 MR. MATHESON:

The amount that wasn't measured?

504 MR. GOLDBERG:

Right.

505 MR. MATHESON:

No, I would not.

506 MR. GOLDBERG:

Is that for the same reasons that you testified to previously with respect to the blood vial itself?

507 MR. MATHESON:

Yes.

508 MR. GOLDBERG:

So there is some unknown amount in both vials that you did not measure; is that correct?

509 MR. MATHESON:

That's correct.

510 MR. GOLDBERG:

And in order to represent the unknown amount, can you just place the little white item that is in front of you onto the Defense blood vial chart.

511 (Witness complies.)
512 MR. GOLDBERG:

Maybe we can put the blood vial chart back up.

513 (Brief pause.)
514 MR. GOLDBERG:

Your Honor, perhaps we could pass around a picture of the vial and the microcentrifuge tube, because they are a little bit difficult to see on the elmo.

515 THE COURT:

229 and 230?

516 MR. GOLDBERG:

Yes.

517 THE COURT:

All right. Hand them to juror no. 1, please.

518 (The exhibits were passed amongst the jury.)
519 THE COURT:

All right. Mr. Goldberg, would you collect 229 and 230 from Deputy Russell.

520 (Brief pause.)
521 MR. GOLDBERG:

Now, Mr. Matheson, on the chart as it exists right now, we have 1, 2, 3, 4, 5, 6, 7 numbers and all of those are estimations; is that correct?

522 MR. MATHESON:

Yes.

523 MR. GOLDBERG:

So would it be fair to suggest that the total number of estimations that we have we know to be completely accurate?

524 MR. BLASIER:

Objection, leading.

525 THE COURT:

Sustained.

526 MR. GOLDBERG:

What can you say with respect to the accuracy of the total number of these estimations?

527 MR. MATHESON:

I'm not sure what you mean by the accuracy of estimations.

528 THE COURT:

I think you are talking about the precision of measuring.

529 MR. MATHESON:

Well, that they are all estimations. It is give or take a little bit of blood. We don't know exactly how much was used in each of those instances.

530 MR. GOLDBERG:

And do you agree, Mr. Matheson, that to try to reconstruct and account for every tenth of a milliliter of blood, or even quarter or half of a milliliter, would be a hard thing to do?

531 MR. BLASIER:

Objection, leading.

532 THE COURT:

Sustained.

533 MR. GOLDBERG:

How hard would it be to try to go back and account for every half milliliter of blood?

534 MR. MATHESON:

I think it would be a very difficult thing to do, to try and--even if you were from the beginning trying to account for every little bit, there are aspects of this that are very difficult to measure and it would be hard to account for every portion of blood that is used in this type of testing.

535 MR. GOLDBERG:

And in any past case that you are aware of has SID ever attempted to do that, to account for every half milliliter of blood in a test-tube?

536 MR. MATHESON:

No, we have not.

537 MR. GOLDBERG:

And why not?

538 THE COURT:

I think we have asked this question before. Why don't we move on.

539 MR. GOLDBERG:

Okay. Thank you.

540 MR. GOLDBERG:

Now, Mr. Matheson, understanding that these numbers that you've provided are estimations, can you calculate the total estimated amount of blood on this chart under these--under these conditions?

541 MR. BLASIER:

Objection, asked and answered.

542 THE COURT:

Overruled.

543 MR. GOLDBERG:

If you have a calculator, you can use that, too. It might be faster.

544 (Witness complies.)
545 (Discussion held off the record between the Deputy District Attorneys.)
546 MR. MATHESON:

Well, the final figure that I come up with--

547 MR. BLASIER:

Your Honor, object to the question; no foundation.

548 THE COURT:

Overruled.

549 MR. MATHESON:

The final figure that I have by adding up the numbers that we have up there is approximately 7.5 milliliters.

550 MR. GOLDBERG:

Okay. And Mr. Matheson, there is then, in addition to that amount of blood that is occupied by what we have on this diagram, is the white space which you have not provided us any number for; is that correct?

551 MR. MATHESON:

That's correct.

552 MR. GOLDBERG:

So under our estimation we have approximately 7.5 plus this unknown amount?

553 MR. MATHESON:

Yes.

554 MR. GOLDBERG:

Now, Mr. Matheson, I want you to assume, hypothetically, that at the time that the blood vial was drawn that there was an estimation between 6.5 and 7 milliliters of blood being in the vial, or to keep the math simple, let's assume it was 7 milliliters of blood.

555 MR. BLASIER:

Objection, assumes fact not in evidence, improper hypothetical.

556 THE COURT:

Sustained.

557 MR. GOLDBERG:

It was the same hypothetical they gave, your Honor.

558 THE COURT:

No, different hypothetical.

559 MR. GOLDBERG:

Sir, if you were to assume for the sake of this hypothetical that at the time the blood was drawn there were 7 milliliters of blood--

560 THE COURT:

Let me see counsel at the side bar with the reporter.

Temperature

procedural

Key Quotes (5)

Hank Goldberg
Is the Defense board accurate?
Stripped-down version of an argumentative question that survived objection; Matheson answered 'No, I don't believe so,' directly impeaching the defense's own exhibit.
Gregory Matheson
It was approximately .4 to .5 milliliters or about half a milliliter.
Result of Matheson's overnight replication experiment — the prosecution's counter to the defense blood-volume accounting theory, showing untracked loss during routine transactions.
Lance A. Ito
I think we have heard this now about six times.
The judge's exasperation as Goldberg repeated the 'approximation, not exact' point for each transaction — revealing the cumulative, hammer-blow strategy of the redirect.
Gregory Matheson
It was not my choice to do it that way. I preferred the equivalent amount of water.
Distancing himself from the defense expert Mark Taylor's ruler-on-notepad measurement method, reinforcing prosecution's credibility contrast.
Lance A. Ito
300 bucks for that thing?
Genuine surprise at the cost of the pipette-man, one of the few moments of levity and human reaction from the bench.

Evidence (7)

Defense Exhibit 1139
Defense blood vial transaction chart tracking blood removed from item 17 across multiple dates
Challenged as inaccurate and incomplete — prosecution added approximation symbols and a new .5 ml loss entry directly onto the chart
People's 163-F
Two glass disposable pipettes used in serology
Discussed to explain blood transfer procedures and loss during transactions
People's 227
Photograph of the pipette-man (calibrated mechanical pipetter)
Introduced
People's 228
Disposable pipetter tip from the pipette-man
Introduced as physical exhibit
People's 229
Photograph of the blood vial (item 17) standing upright with finger on top
Introduced and discussed to examine blood clinging to interior walls above the settled volume
People's 230
Photograph of a microcentrifuge tube standing upright
Introduced and discussed regarding unmeasured blood adhering to interior surfaces
+ 1 more

Notable Exchanges (4)

Hank GoldbergGregory Matheson
Matheson described his overnight lab experiment replicating all five blood transactions, finding ~0.4–0.5 ml of blood was lost to discarded pipettes, gloves, and chem wipes — an amount never accounted for on the defense chart.
strategic
Hank GoldbergRobert BlasierLance A. Ito
Goldberg repeatedly asked whether each figure on the defense chart was exact or approximate; Blasier objected to nearly every iteration as leading, argumentative, or asked-and-answered; the judge sustained many but the point landed cumulatively.
grinding/attrition
Hank GoldbergLance A. Ito
After Goldberg asked the argumentative 'Is the Defense board therefore incomplete and inaccurate?', the judge refused to allow it and demanded he identify the exhibit — forcing Goldberg to rephrase to the simpler 'Is the Defense board accurate?' which was allowed.
procedural friction
Gregory MathesonHank Goldberg
Matheson explained that the defense expert Mark Taylor measured the blood vial using a plastic ruler resting on notepads to compensate for the ruler's inset zero-mark, and that Matheson himself preferred his water-equivalent method.
revealing

Light Moments (4)

Lance A. Ito
Judge Ito reacted with genuine surprise when told the pipette-man costs $300: '300 bucks for that thing?'
Lance A. Ito
After Goldberg repeated the approximation point for the fifth or sixth time, Ito deadpanned: 'I think we have heard this now about six times.' Goldberg replied: 'But we are going to go all the way up the chart, your Honor.'
Hank Goldberg
As the blood vial chart grew too tall for the witness to reach, Goldberg quipped: 'Either that or we are going to need a pole.'
Lance A. Ito
When Goldberg said the bottom of the chart had become 'slightly less relevant,' Judge Ito simply responded: 'Slightly.'

Credibility Attacks (2)

⚔ Defense Exhibit 1139 (blood vial chart)
Factual impeachment by omission
Goldberg systematically had Matheson add approximation symbols to every figure on the defense's own chart, then add a new entry for ~0.5 ml of unaccounted blood lost during transactions — demonstrating the chart was both imprecise and incomplete.
⚔ Mark Taylor (defense criminalist)
Methodology critique
Goldberg elicited that Taylor measured the blood vial using a plastic ruler elevated on notepads, and Matheson stated that was 'not my choice' and he preferred the water-equivalent method — implicitly casting doubt on the defense expert's measurement.

Witness Demeanor

(Witness complies.) — repeated multiple times as Matheson added stickers and approximation symbols to the defense chart
(Brief pause.) — several instances during exhibit handling and elmo/photo printing logistics
(No audible response.) — when first shown photograph 229 on the elmo

Objections

34 objections (22 sustained, 10 overruled)
Proceeding 5941 • 560 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAY 5, 1995 📄 Redirect examination of Gregor
MAY 5, 1995 KRT DvH TD