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Spokane, Washington  Est. May 19, 1883

Prosecution Finds Lee Helpful On Credibility Of Dna Method Lapd Probe Of Fuhrman Tapes Has New Wrinkles, Sources Say Los Angeles Times

Transforming an internationally respected forensic scientist into his own witness, a prosecutor on Monday elicited criminalist Henry Lee’s endorsement of a type of DNA testing used by authorities to build their case against O.J. Simpson.

That form of DNA testing, known as PCR analysis, was heavily criticized by another defense expert, but Lee, whose easygoing modesty and unparalleled credentials have lent weight to his testimony on Simpson’s behalf, told jurors he used that same technique in his own laboratory. Lee’s examination came on the expected eve of what may be the trial’s most important hearing - Superior Court Judge Lance A. Ito’s consideration of the admissibility of tapes and transcripts featuring the comments of recently retired Los Angeles police Detective Mark Fuhrman.

With the fate of the newly uncovered Fuhrman evidence still hanging in the balance, sources said the Los Angeles Police Department’s investigation into the tapes and transcripts was continuing.

In addition to focusing on Fuhrman’s descriptions of two police beating cases, sources said the investigation also has uncovered evidence that Fuhrman, and possibly other officers, may have lied to Internal Affairs investigators during the mid-1980s when questioned about Men Against Women, an informal group of male police officers in the West Los Angeles police station.

And the police probe has unveiled previously unreported racist statements by the detective, the sources added.

In court, the jury listened attentively as Lee spent another day on the witness stand, this time mostly undergoing questioning by Deputy District Attorney Hank Goldberg.

“Dr. Lee,” Goldberg asked near the outset of his gentle, deferential cross-examination, “are you using PCR technology in criminal cases both to include and exclude people as having committed a crime?”

“Yes,” Lee responded confidently.

Denver microbiologist John Gerdes testified that PCR technology was unreliable in criminal cases, but Lee countered.

“I think forensic scientists should have a good say about what method we should do, what is the reliable procedure, what kind of applications,” said Lee, adding that such a determination should not be “dictated by molecular biologist or other scientists (who) tell us what to do.”

Despite Ito’s concerns last week, jurors seemed attentive Monday. As the session passed into the afternoon - Ito had advised Goldberg to spend half an hour conducting his cross-examination, but Goldberg used almost the entire day - some of the jurors’ interest seemed to wane.