Yes, Your Honor. Regarding the issue of blood samples, I think clearly with the number of samples that have been taken and the tests that have been done, to allow the Los Angeles Police Department crime lab to consume all of the samples deprives Mr. Simpson of his right to an independent analysis of the samples, and therefore will prevent him from ever coming forward to show that errors have been made in the analysis.
I think that we have repetitively covered that ground. If what counsel is attempting to assure himself of is that there are no errors in the methods employed in the analysis, I have invited him and a team of experts to examine and observe every step of the procedure of testing as to every single item. I repeat that invitation again. I can only reiterate, Your Honor, that the investigation has to be governed by the appropriate scientific procedures as determined by the experts, and that the prosecution must be permitted to investigate its own case. To do otherwise would permit counsel to come forward, limit the number of tests that we conduct on a piece of evidence, and then argue to the court that the results of testing are unreliable because they were incomplete. Obviously, that's a catch-22 situation that the people should never be placed in. We want to thoroughly investigate this case and obtain every result possible to gain maximum confidence in the results. Any exclusion that is obtained by the result of any test may very well indicate that the source of the item in question is not the source that was anticipated, either be it victim or witness or defendant. Likewise, any inclusion would tend to corroborate the conclusions indicated by prior tests. So the complete testing of every item of evidence is clearly a very necessary and important thing. Therefore, the people simply indicate that they are desirous of -- we are desirous of pursuing every test possible. And we invite counsel and all the team of experts he wants to have present to please come and observe every process, test every buffer and every solution to make sure that nothing is contaminated, and that we will preserve every right to which he's entitled to.
All right. The court is prepared to make its ruling at this time. And that is this: What Ms. Clark has characterized as an invitation to the defense to be present at these various testing of these various samples about which we've heard testimony today is going to be more than an invitation. It's going to be subject to a Court order that in fact the defense be present for the testing that's performed on any of these items, particularly in light of the fact that the only testimony that was presented today is that Ms. Kestler -- who is the expert in this area who testified -- does not know whether in fact any of the tests that are going to be performed will in fact consume the entire sample. In light of that fact, that we do not know whether there will be a sample remaining, in order to safeguard Mr. Simpson's rights in this matter, the Court does order that the defense be entitled to be present as indicated, and not just by mere invitation but as a requirement in this case. With regard to the hairs and the number of hairs, the court will order that the prosecution be entitled to obtain at least 40 but no more than 100 hairs from the various areas, the five areas as denoted in the scalp of Mr. Simpson. That should accommodate a sufficient sample of hair to perform microscopic analysis or any other analysis that the people have indicated that they may do, and sufficient sample for the defense also to perform their tests after the prosecution has finished performing whatever tests they need as well. If at some point in time it's insufficient, then the matter can be revised at some future date, but I think that really should accommodate the needs of everyone, and hopefully we can put this issue to rest at this point.
to allow the Los Angeles Police Department crime lab to consume all of the samples deprives Mr. Simpson of his right to an independent analysis of the samples
we invite counsel and all the team of experts he wants to have present to please come and observe every process, test every buffer and every solution to make sure that nothing is contaminated
What Ms. Clark has characterized as an invitation to the defense to be present at these various testing of these various samples about which we've heard testimony today is going to be more than an invitation.
the court will order that the prosecution be entitled to obtain at least 40 but no more than 100 hairs from the various areas, the five areas as denoted in the scalp of Mr. Simpson.