In this second appeal from a murder and forcible rape conviction, Pizarro contended that the DNA evidence introduced raised foundational issues. The appellate court here reversed, finding that the foundation was inadequate both under Evidence Code section 403 and under Kelly. The prosecution failed to carry its burden of showing that the proper scientific procedure was used to determine the perpetrator’s genotype. Reference to the defendant’s ethnicity to prove the perpetrator’s ethnicity was improper. The erroneous admission of the DNA evidence was not harmless.