Direct examination of Dr. Robin Cotton (part 8)

📄 Direct examination of Dr. Robin Cotton (part 8) — Tuesday, May 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\9\DIRECT-EXAMINATION-OF-DR-ROBIN.DOC

TRIAL

▲ Day 70 of 167

◀ Sidebar: autoradiograph copies Exhibit distribution ▶

Witness: Dr. Robin Cotton
Examiner: George Clarke
Called by: Prosecution • Date: Tuesday, May 9, 1995 • Utterances: 32

Clarke introduces 17 copies of an autorad as People's Exhibit 256, to be distributed to the jury as a demonstration of the RFLP DNA process. Dr. Cotton explains the autorad contains known blood samples from OJ Simpson, Nicole Brown, and Ronald Goldman, as well as item 56 (the shoeprint), which yielded no DNA banding pattern. Clarke establishes that the lab conducted blind testing — sample identities were unknown during analysis, with names added to the autorad only after results were reported.

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

# 2 THE COURT:

All right. Mr. Clarke, you may proceed.

# 3 MR. CLARKE:

I'm missing one autorad, your Honor. That's an acceptable place for it. I have 17 in my hand and I actually have one. If the Court would keep that.

# 4 THE COURT:

Well, thank you.

# 5 MR. CLARKE:

Dr. Cotton, showing you a series of x-rays that have not been marked as yet--

# 6 MR. CLARKE:

Actually, does the Court prefer they be marked or not if I'm going to ask that they be distributed to the jury?

# 7 THE COURT:

Let's call these--actually give them a separate number. Since they're going to be exhibited to the jury, they should be part of the record.

# 8 MR. CLARKE:

All right. Would that be 256 then?

# 9 THE COURT:

256. Collectively 17 copies of autorads.

# 10 (Peo's 256 for id = 17 copies of autorads)

# 11 MR. CLARKE:

Dr. Cotton, have you had an opportunity to look at the 17 copies of the autorad that will be marked People's 256?

# 12 DR. COTTON:

Yes. I looked at them when I was still at the lab before I gave them to you.

# 13 MR. CLARKE:

And are they in fact copies, as is exhibit 246, of one of the autorads in this case?

# 14 DR. COTTON:

They are.

# 15 MR. CLARKE:

With respect to those autorads as contained in both 246 and now in 256, does that autorad represent data from this case?

# 16 DR. COTTON:

Umm, yes, it does.

# 17 MR. CLARKE:

And what does it depict just in general terms as far as samples?

# 18 DR. COTTON:

Umm, the samples that are on here besides the control samples are the known blood from Mr. Simpson, the known blood from Nicole Brown and the known blood from Ronald Goldman, and also on this film, had there been anything to see, would have been analyzed item no. 56.

# 19 MR. CLARKE:

Is that the shoeprint?

# 20 DR. COTTON:

Yes. There is, however, no DNA banding pattern that was obtained from item no. 56.

KEY QUOTE

# 21 MR. CLARKE:

So can we use this autorad as a demonstration of the RFLP process and differences if any between the three known persons in this case?

# 22 DR. COTTON:

Yes, we can.

# 23 MR. CLARKE:

As far as this autorad itself, is it labeled with names for each of these three individuals, Mr. Simpson, Nicole Brown and Ronald Goldman?

# 24 DR. COTTON:

Yes, it is.

# 25 MR. CLARKE:

Were those labels put on at some later date after the autorad was initially produced?

# 26 DR. COTTON:

Yes, they were.

# 27 MR. CLARKE:

In other words, during the testing, you didn't know who the individuals were, correct?

KEY QUOTE

# 28 DR. COTTON:

That's right.

# 29 MR. CLARKE:

That is, the identities of these known samples?

# 30 DR. COTTON:

That's right.

# 31 MR. CLARKE:

Were the labels then put on after your results were reported?

# 32 DR. COTTON:

Yes, they were.

Temperature

procedural

Key Quotes (3)

Dr. Robin Cotton

There is, however, no DNA banding pattern that was obtained from item no. 56.

Confirms the shoeprint sample produced no usable DNA evidence, limiting that line of forensic inquiry.

George Clarke

In other words, during the testing, you didn't know who the individuals were, correct?

Establishes blind testing protocol, preemptively shoring up the credibility of Cotton's results against defense challenges of bias or contamination.

Dr. Robin Cotton

Yes, they were [labels put on after results were reported].

Confirms the integrity of the blind testing process — a key foundation for the prosecution's DNA evidence.

Evidence (3)

People's 256

17 copies of an autorad showing RFLP results for known blood samples from OJ Simpson, Nicole Brown, and Ronald Goldman, plus item 56 (shoeprint)

introduced and marked for jury distribution

People's 246

Previously admitted autorad — the original of which People's 256 are copies

referenced for comparison

Informal

Item 56 — shoeprint sample; tested but yielded no DNA banding pattern

discussed

Notable Exchanges (1)

George Clarke•Lance A. Ito

Brief procedural negotiation over whether to assign an exhibit number to the autorad copies before distributing them to the jury; Ito directs Clarke to mark them separately as part of the record.

routine

Objections

None recorded

Proceeding 5985 • 32 utterances • Prosecution witness

Criminal Trial

Department 103