Barry Scheck wraps up his cross-examination of Gary Sims by methodically establishing that the RFLP results Harmon highlighted on direct examination were narrow in scope — covering only samples 303, 304, and 305 — and did nothing to address Dr. Gerdes' contamination concerns about Collin Yamauchi's handling of the Rockingham glove. Scheck also established that Sims never reviewed Gerdes' contamination study of the LAPD lab.
# 1 THE COURT: All right. Thank you, counsel. Proceed.
# 2 MR. SCHECK: Now, Mr. Harmon asked you some questions on direct examination about these RFLP results allaying concerns that dr. Gerdes expressed with respect to cross contamination. Do you recall that?
# 4 MR. SCHECK: He asked you that question very generally, didn't he?
# 6 MR. SCHECK: Now, these RFLP results only deal with samples 303, 304 and 305?
# 7 MR. SIMS: That's correct.
# 8 MR. SCHECK: These RFLP results do not address any issues of cross-contamination with respect to the Bundy blood drops, 47, 48, 49, 50 and 52?
# 9 MR. HARMON: Objection. That is vague, your Honor.
# 10 THE COURT: Overruled.
# 11 MR. SIMS: No, these results relate to these samples.
# 12 MR. SCHECK: All right. They don't relate to any problems of cross-contamination that occurred in the evidence processing room on June 14th when Collin Yamauchi examined the Rockingham glove?
# 13 MR. HARMON: Objection, it is beyond the scope.
# 14 THE COURT: Overruled. You can generalize this.
# 15 MR. SCHECK: I only have two or three more questions, just to show what it doesn't concern.
# 16 MR. HARMON: It also misstates the testimony.
# 17 THE COURT: Overruled.
# 18 MR. SIMS: The question again, please?
# 19 MR. SCHECK: The question is these RFLP results don't do anything--don't address the issues of cross-contamination that have been raised by dr. Gerdes concerning Collin Yamauchi's handling of the Rockingham glove in the evidence processing room on the morning of June 14th, right?
# 20 MR. SIMS: I'm trying to recall what issues dr. Gerdes specifically raised about those, because I don't recall seeing any issue with those particular samples.
# 21 MR. SCHECK: Well, you don't recall his testimony about that? Is that what you are telling us?
# 22 MR. SIMS: I don't recall the detail of his testimony about those particular samples.
# 23 MR. SCHECK: You don't recall his testimony about Mr. Yamauchi--
# 24 THE COURT: Counsel, counsel.
# 25 MR. SCHECK: All right.
# 26 MR. SCHECK: You don't recall it? Is that your testimony?
# 27 MR. SIMS: I said I don't recall all the details. When you start talking about issues, you are putting a plural on it and you are implying there is some--
# 28 MR. SCHECK: Mr. Sims, even if you don't recall all the details of what dr. Gerdes said, you don't believe that these RFLP results on 303, 304 and 305 have anything to do with it?
# 29 MR. HARMON: Objection, that is argumentative.
# 31 MR. SCHECK: Do you believe they have anything to do with it?
# 33 MR. SCHECK: Do they address those concerns about cross-contamination?
# 34 MR. SIMS: I think in the narrow sense of your question, no, the answer is no, they don't address that.
KEY QUOTE # 35 MR. SCHECK: Thank you.
# 36 MR. SCHECK: Now, dr. Gerdes gave extensive testimony concerning a study he performed of contamination at the LAPD laboratory and the efficacy of controls in sample handling procedures used at the LAPD laboratory. Are you familiar with the fact that he testified about such a study?
# 37 MR. HARMON: Objection. Beyond the scope of direct examination.
# 38 THE COURT: Overruled.
# 39 MR. SCHECK: My question last on this question.
# 40 MR. SIMS: Yes, I am aware that he presented that.
# 41 MR. SCHECK: You didn't review that, read that study or review his data, did you?
KEY QUOTE # 42 MR. SIMS: No, I did not.
# 43 MR. SCHECK: Now--your Honor, I actually think I'm finished.
# 44 (Discussion held off the record between Defense counsel.) # 45 MR. SCHECK: Your Honor, I have no further questions, but I would request, based on what we've discussed, that this witness be subject to recall on another matter.