Arenella, Levenson & Co.
UCLA law professor Peter Arenella and Loyola University law professor Laurie Levenson offer their take on the Simpson trial. Joining them is Santa Monica defense lawyer Gigi Gordon, who will rotate with other experts as the trial moves forward. Today’s topic: Prosecutor Rockne Harmon and defense lawyer Bob Blasier add another chapter to the DNA war with a new witness--Renee Montgomery of the California Department of Justice.
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On the prosecution PETER ARENELLA (prosecution) “ Deja vu. Having already presented the DOJ’s incriminating DNA results, Harmon highlighted one key PCR test: D1S80. Since Montgomery’s testimony was essentially cumulative, prosecutors must believe repeating the results adds to their weight. But focusing on a new PCR test with some kinks gave Blasier a chance to exploit them.”
On the defense PETER ARENELLA (defense) “More inside baseball, but greater clarity, as Blasier attacked D1S80’s reliability. Jurors heard about the difference between ‘hints’ and ‘traces,’ and how contestable interpretations are needed to distinguish between them. Blasier’s lesson: subjective judgment calls permeate the test readings, making the results far more suspect.”
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On the prosecution LAURIE LEVENSON (prosecution)
“And the bands play on. Now that jurors have mastered DQ1alpha, PCR and RFLP, Montgomery is giving them a course in D1S80, a new DNA technology. However, unlike the other DNA witnesses, she can’t offer a special treat at the end of her testimony. She did not analyze new evidence; her tests simply corroborate other DNA results.”
On the defense LAURIE LEVENSON (defense) “Hint or trace? Artifact or band? Smear or result? Blasier kept pushing Montgomery to admit that problems can and do arise in DNA testing. Although she would not agree that these occurrences affect test results, Blasier showed that DNA is not an exact science. It depends on the interpretive skill of DNA examiners.”
On the prosecution GIGI GORDON (prosecution) “This was like wandering through a post-modern art exhibit, trying to decipher meaning from spots, blotches, drips and drabs. I don’t know about others, but when I leave one of these exhibits I always feel that there is something I just don’t understand or that I have been rooked. Enough already.”
On the defense GIGI GORDON (defense) “Out, out damned spot is the defense’ consistent theme. The jurors must feel like the Israelites wandering through the desert for 40 years, without reaching home. Where is Moses when we need him? If they manage to stay attentive through the journey, they’ll eventually get the judge’s instructions and be forced to consider all this again.” Compiled by HENRY WEINSTEIN/Los Angeles Times
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