If the Court please, this was in order -- this particular evidence was offered at the criminal trial; that is, any test he did, it was kept out because of no preliminary showing of comparable circumstances of tests.
In other words, the witness said he was not able to duplicate the kind of fabric on the test; he did it -- he was not able to duplicate the amount of blood put on the fabric; he was not able to duplicate the temperature and humidity. And it was kept out previously because of the lack of any showing that the drying time he measured had anything to do with how the -- Mr. Simpson's sock would dry because of his inability to use the same sock or with the same amount of blood.
So we think there should be some preliminary showing by Mr. Baker that that is sufficient to allow this witness to testify to drying time.
Well, Your Honor, I think under the Culpepper case, we're entitled to show that, first of all, I'll certainly voir dire his amount of expertise in drying time and what experiment he's done. But relative to his experience, we'll lay a foundation. And -- but that was testified to in the -- in the criminal trial.
The answer was stricken in the criminal trial. He just showed it to me.
KEY QUOTELet me ask -- I'm going to ask him about his experiment and what he has done, and what he has done relative to drying times. I mean, this -- we are entitled to rebut, I think, Bodziak. We're entitled to rebut Werner Spitz. And this is all testimony that this jury should hear relative to rebut their testimony concerning the -- the --
Can you not whisper so loud, so I can --
-- so we are entitled to put on our evidence relative to rebutting that testimony. And we're certainly entitled, in my view, to put on testimony relative to this drying time. This guy is probably the foremost expert on drying times, done more experiments on blood than anybody in the world.
I think he can testify as to how long blood takes to dry, but that's about it. I don't think he can testify about this particular material.
KEY QUOTEhe was not able to duplicate the kind of fabric on the test; he did it -- he was not able to duplicate the amount of blood put on the fabric; he was not able to duplicate the temperature and humidity
This guy is probably the foremost expert on drying times, done more experiments on blood than anybody in the world.
I think he can testify as to how long blood takes to dry, but that's about it. I don't think he can testify about this particular material.
The answer was stricken in the criminal trial. He just showed it to me.