Defense Witness Calls Blood Evidence Unreliable
SANTA MONICA, Calif. (Dec. 12, Noon) -- DNA expert John Gerdes took the stand Thursday morning in the O.J. Simpson civil trial, telling jurors that there was likely contamination between Simpson's reference blood and the reference blood of the two victims. Despite Judge Hiroshi Fujisaki's ruling that Gerdes could not testify about problems in the Los Angeles Police Department's evidence lab, the expert was able to slip in numerous criticisms about the lab's procedures.
Gerdes will continue cross-examination in the afternoon session. When he finishes the court will hold a hearing, out of the jury's presence, on the admissibility of Henry Lee's videotaped deposition. Lee's testimony details problems in the LAPD's collection of the evidence, and the plaintiffs have extensive objections to much of it.
Before Gerdes, the defense called two LAPD officers: Det. Kelly Mulldorfer and Lt. Frank Spangler. Mulldorfer, who was assigned to investigate a theft of credit card receipts from Simpson's Bronco while it was parked in an impound lot, said she could not remember seeing any blood in the Bronco when she looked through it. Spangler was at the Bundy crime scene, and had been Mark Fuhrman's supervisor for about a month when the murders happened. Spangler told the jury that Fuhrman was wearing a sport coat when he first saw him at Bundy. But 25 minutes later Spangler saw Fuhrman again, this time not wearing the jacket.
Along with the reference samples, Gerdes also saw contamination in blood drops found in the Bronco and at the Bundy crime scene. These drops were analyzed using the PCR testing method. The Bronco drops, one which contained a DNA mixture including a type similar to Ronald Goldman's DNA, are "not reliable" because control tests done alongside the DNA test showed evidence of somebody else's blood. The Bundy drop, which shows a DNA type similar to Simpson's, also had DNA that could not belong to Simpson, Gerdes testified.
Judge Fujisaki's decision to limit Gerdes' testimony to problems with specific blood samples, did not prevent him from discussing the LAPD evidence lab's conditions. Gerdes noted that the lab technicians did not follow strict anti-contamination procedures, such as putting bleach on the evidence table after working with a sample, or exposing their notes to UV rays, which kills DNA. Gerdes also said that Collin Yamauchi, who did many of the lab's tests, processed too many samples at one time. In one day Yamauchi processed 23 samples. A careful laboratory would process four or five in day, Gerdes said.
"I believe there is an unacceptable risk or chance, in the way those samples were handled, of cross-contamination," Gerdes said.
Gerdes also provided a running commentary on a videotape, made by the LAPD, that shows criminalist Andrea Mazzola collecting evidence. Although the video was made in an effort to show that the department carefully followed collection procedures, Gerdes pointed out many places where Mazzola could have inadvertently cross-contaminated the evidence. On the video, Mazzola frequently touched the ground with her gloves and then touched the tip of the tweezers, which came in contact with the evidence collection swatch. At one point Mazzola wiped her gloved hand across the pavement; she did not change gloves between collecting samples. Gerdes also pointed out that Mazzola cleaned the tweezers with water, which does not kill DNA.
"I'll guarantee you that you can get DNA off those tweezers right now," Gerdes told the jury.
-Robert Schmidt
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