Week 18

May 22 - 26, 1995

Scheck asked Gary Sims, a forensic chemist with the California Justice Department, to interpret the number of blue dots on different DNA tests to show that the DNA in the prosecution's blood evidence varies greatly.

Scheck argued that divergent DNA levels suggest that police work was sloppy and that some of the evidence may have been planted.

The greatest amount of DNA was found on a blood drop labeled evidence item 52, Sims said. The presence of one blue dot -- which designated a portion of Ronald Goldman's DNA -- was so unusually high that the lab repeated the test.

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Scheck suggested that Goldman's genetic marker kept showing up when it should not have. Sims said that he believed the test results were valid and correctly interpreted.

Scheck's complex questioning seemed to confuse the courtroom. Judge Lance Ito sustained several prosecution objections. At one point, Judge Ito asked Sims, "Do you understand the factors involved in the question?"

"About half of it," Sims said.

To keep up morale on the jury, which has been sequestered for 133 days, the judge arranged over the weekend for members to see a stage performance of "Miss Saigon"and ride on the Goodyear Blimp. With the trial plodding along in recent weeks, members of the jury have appeared sleepy and inattentive to the proceedings.

It was announced later in the day that an ex-juror, Michael Knox, was cleared to publish his memoirs of his involvement in the case. Federal Judge Manuel Real issued a preliminary injunction blocking a new California law that restricts jurors from writing about pending trials.

MAY 23 - The prosecution continued to present its damaging scientific evidence against O.J. Simpson as a third DNA expert testified about blood stains linking Simpson to the murders.

Renee Montgomery, a criminalist with the state Department of Justice DNA lab, performed the newest of the DNA tests applied to evidence in this case, a test known as "D1S80." The test is a cutting-edge form of PCR analysis.

Montgomery explained to jurors how the test works, and defended the tests' reliability and accuracy of the testing procedure during cross-examination by defense attorney Robert Blasier.

Under questioning by Prosecutor Rockne Harmon, Montgomery reviewed previously disclosed test results of stains from the Bundy Drive scene; the Ford Bronco; and his Rockingham estate.

The testimony included findings that:

• Three drops of blood in a bloody trail leading away from the victims' and three stains found on an iron gate outside Nicole Brown Simpson's Brentwood townhouse could all have been deposited by Simpson.
• Nicole Simpson and Ronald Goldman could not have contributed to the stains or the blood drops.
• The blood stains from the Bronco showed a mixture that contained the DNA patterns of Simpson, his ex-wife, and Goldman.
• Stains on the bloody glove found behind Simpson's home also contained the DNA patterns of all three, with Goldman appearing to be the main contributor of the blood.
• The DNA in the blood found on a pair of socks in Simpson's bedroom matched Nicole Simpson's DNA pattern.

MAY 24 - A prosecution witness said that at the time he performed the first DNA tests in the O.J. Simpson case he thought the former football player had an "airtight alibi," a response that may score a major victory for the defense by allowing them to introduce Simpson's June 13 statement to police.

Entering the statement would allow Simpson to tell his story to the jury without having to take the stand and face cross-examination.

Prosecutor Rockne Harmon was apparently trying to refute the defense theory that investigators had preconceived notions of Simpson's guilt when he asked LAPD criminalist Collin Yamauchi, "Did you have any expectation what the outcome of these tests would be?"

"I heard on the news that, well, yeah, he's got an airtight alibi, he's in Chicago," Yamauchi said.

With this testimony, Judge Lance Ito called a sidebar. Later, when the jury was excused, Simpson's lawyers argued that the alibi reference should allow them to present Simpson's statement to the jury.

Under section 356 of the California Evidence Code, "When part of a . . . conversation is given by one party, the whole on the same subject may be inquired into by an adverse party . . ."

Referring to Yamauchi's testimony, defense lawyer Johnnie Cochran said, "They [the prosecution] brought it out to the jury, and now we think we have a right to bring out Mr. Simpson's entire statement."

The prosecution opened the door with "a Mack truck" Cochran told Judge Ito, "and we think we can walk through it."

Prosecutor Marcia Clark argued that Yamauchi's testimony was not based on a knowledge of Simpson's statement. "The witness is talking about his state of mind and what he concludes from a news report," she said.

Judge Ito told both sides to prepare Thursday for arguments on this matter.

In the morning, California Department of Justice criminalist Renee Montgomery finished her testimony, saying she was confident with the DNA test results. She answered attacks on cross-examination from Robert Blasier with clear descriptions of complex science issues.

Yamauchi is scheduled to return to the stand Thursday and is expected to testify about blood found on Simpson's driveway and in his Ford Bronco. Since he was the first to test much of the key evidence, the defense is likely to attempt to prove that he is inexperienced and contaminated evidence.

MAY 25 - The threat of a mistrial loomed larger Thursday after another juror was dismissed from the panel.

Judge Lance Ito removed the juror after meeting with lawyers for more than five hours. Another juror will be chosen at the beginning of Friday's court session.

Five alternate jurors remain from the pool of 12 alternates originally chosen. Many legal experts following the trial believe closing statements will not begin until at least September, providing that there are still enough jurors to continue.

The dismissed juror was not identified. She is a 38-year-old white woman. The court gave no explanation for the action.

Some news organizations identified the woman as the one who allegedly kicked another dismissed juror, Jeanette Harris, in a racially charged confrontation.

The woman was also described as the leader of the jury revolt last month, when many of the panel refused for a day to attend court in protest of Judge Ito's removal of three sheriff's deputies assigned to jury detail.

CBS-TV reported that the woman was writing a book and had "some sort of book contract."

Earlier in court, the jury got its first close look at the black sock that prosecutors claim Simpson wore June 12, the day Nicole Brown Simpson and Ronald Goldman were killed.

MAY 26 - The defense suffered a setback when Judge Lance Ito ruled it could not introduce O.J. Simpson's police interview during their questioning of a police criminalist, who testified he once thought Simpson had an "airtight alibi."

"I don't find that the statement by Mr. (Collin) Yamauchi . . . directly refers to any statement made by Mr. Simpson to detectives (Tom) Lange and (Philip) Vannatter," Judge Lance Ito ruled after listening to arguments for nearly an hour.

Meanwhile, the jury underwent another change. A 71-year-old black woman was seated to replace a white woman juror. The excused juror had been the focus of bitter complaints by former juror Jeanette Harris, and she was one of the jurors who took part in a revolt last month.

The new juror, a retired cleaning officer, replaced the white telephone company worker. She was removed from the panel Thursday night. Judge Ito did not give any reason other than "good cause" for the juror's removal.

The jury now consists of eight blacks, two whites and two Hispanics. There are still nine women and three men on the panel. The alternate pool of four, which started at 12, now consists of three blacks and one white -- three women and one man.

WEEK 19