Prosecution spars with defense DNA expert

Prosecutor Dave Harris sparred Monday afternoon with a defense expert over a disputed
DNA testing technique in a contentious exchange marked by squabbling over definitions.


William M. Shields grew increasingly agitated with Harris in a string
of exchanges about scientific terms and procedures, finally saying:
“You’ve been doing this all along. Stop misrepresenting what I’m saying.”

At one point Judge Al Girolami asked Shields, a biology professor
at State University in Syracuse, New York, to
“calm down.”

“I’m sorry, your honor,” Shields said. “I’m sorry.”

Peterson’s defense team brought Shields in to testify about the reliability
of mitochondrial DNA testing.   FBI lab technicians used the technique
on a single hair found attached to a pair of pliers in Peterson’s boat.


FBI analyst Constance L. Fisher last week said the hair could not have been his but
could belong to Laci Peterson. Fisher said the hair could have come from one in any
112 Caucasians.  Shields said Fisher used a faulty database to arrive at her conclusion,
and recalculated that the hair could have come from one in any 11 Caucasians.


Peterson, 31, is charged with slaying his pregnant wife, Laci, and
their son, Conner. Prosecutors are seeking the death penalty.


Prosecutors could try to show that the defendant used the boat to transport his wife’s body
on Christmas Eve. The bodies of mother and son were recovered along the shore of San
Francisco Bay in mid-April, a few miles from where Peterson said he went fishing alone Dec. 24.


Monday’s proceedings were broken off at several points as lead defense attorney
Mark Geragos took calls regarding a Los Angeles murder trial he is handling.


The jury in that case was deadlocked on all but one of the charges after deliberating
for six days, Geragos said outside court.  Girolami agreed to allow Geragos to appear
Tuesday in Los Angeles in that case to address a question jurors had.


Veteran Modesto attorney Kirk McAllister is set to resume questioning
police Detective Jon Evers on
Tuesday in Geragos’ absence.

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PRELIMINARY HEARING - DAY 4
Monday - November 3, 2003