📄 Cross-examination of Dr. Bruce Weir (part 1) — Friday, December 6, 1996
Address:
C:\DEPT103\CIVIL\1996\DEC\6\CROSS-EXAMINATION-OF-DR-BRUCE-.DOC
TRIAL
▲ Day 27 of 57

Cross-examination of Dr. Bruce Weir (part 1)

Witness: Dr. Bruce Weir
Examiner: Robert Blasier
Called by: Plaintiff • Date: Friday, December 6, 1996 • Utterances: 19
Plaintiff's counsel Lambert rehabilitated Dr. Weir on redirect by explaining the chaotic conditions under which he made calculation errors at the criminal trial — called early, forced to do complex multi-contributor DNA frequency calculations in a hotel room overnight. Weir contrasted those rushed conditions with the careful, peer-reviewed formula-based calculations he presented at the civil trial, expressing full confidence in his current numbers.
1 Q:

Dr. Weir, you testified on cross-examination that you made some calculation mistakes when you did the calculations of the frequencies at the criminal trial?

2 A:

That's right, yes.

3 Q:

What were the circumstances under which you did those calculations?

4 MR. BLASIER:

Objection, irrelevant.

5 THE COURT:

Overruled.

6 A:

Well, the prosecution called me to Los Angeles two weeks earlier than they said they would. At that time when I went out, I'd done no calculation for more than two contributors. The prosecution asked me to do three-contributor calculations, which I did in my hotel room. After testifying about them for a full day, the judge ordered me to do four-person calculation before 9 o'clock the following morning.

I think my only mistake was in agreeing to work under those conditions.

7 Q:

(BY MR. LAMBERT) The calculations that you presented to the jury today, were those calculations done under those kind of conditions?

8 A:

No, sir.

9 Q:

What conditions were they done under?

10 A:

Well, after the trial, I -- as I said earlier, I sat down and thought about the issue a little more carefully, and developed some formulas to avoid having to do these tedious enumerations. So it's almost 18 months since I first met this problem, and I've had the opportunity to think about it a great deal.

11 Q:

And have you been able to put that formula into your computer so you can avoid having to do hand calculations in these matters?

12 A:

I have.

13 Q:

And these calculations that you presented here today, they're the result of that -- of the use of that formula?

14 A:

They are.

15 Q:

Have you presented some of these same results in some of these seminars you've attended with other statisticians to review them?

16 A:

I was present for some of the conversation and several forums and I've also had the methodology peer review that will appear in the press early next year.

17 Q:

And, Dr. Weir, are you comfortable that these numbers are the appropriate numbers to be presented to this jury for the frequencies that are set forth on them?

18 A:

I am.

19 MR. LAMBERT:

Thank you. No further questions.

Temperature

procedural

Key Quotes (3)

Witness
I think my only mistake was in agreeing to work under those conditions.
Weir reframes his prior errors not as incompetence but as a reasonable person's failure under unreasonable demands — a clean, memorable rehabilitation line.
Witness
It's almost 18 months since I first met this problem, and I've had the opportunity to think about it a great deal.
Establishes that the civil trial calculations are the product of extended reflection and methodological improvement, not rushed hotel-room math.
Witness
I've also had the methodology peer review that will appear in the press early next year.
Bolsters credibility by pointing to upcoming peer-reviewed publication validating his approach.

Notable Exchanges (1)

Tom LambertWitness
Lambert walked Weir through a point-by-point contrast between the criminal trial conditions (rushed, hotel room, overnight deadline) and the civil trial calculations (18 months of reflection, computerized formula, peer review), fully rehabilitating Weir's credibility on the DNA frequency numbers.
strategic

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 8507 • 19 utterances • Plaintiff witness
Civil Trial
Department 103
⚖️ Start
📂 DEC 6, 1996 📄 Cross-examination of Dr. Bruce
DEC 6, 1996 KRT DvH TD