Robert Blasier recrossed DNA statistician Dr. Bruce Weir, pressing him on his calculation errors in the criminal trial and the publication date of his book chapter on mixture analysis. Weir admitted he made his error writing a program in his hotel room the night before testimony, and made the notable claim that he let himself be 'bullied by lawyers on both sides' into testifying before he was ready. He disclosed he is working the civil case for free.
# 1 Q: Dr. Weir, how long have you been a statistician?
# 2 A: Oh, probably since 1965.
# 3 Q: And you teach statistics, don't you?
# 5 Q: You have students and you have them do calculations, don't you?
# 7 Q: And you've done these kind of calculations all your life, haven't you?
# 8 A: Which ones exactly?
# 9 Q: Probable -- conditional probabilities?
# 10 A: I've done some of them a long time, yes.
# 11 Q: In the field of conditional probabilities, it's a topic that's been part of statistics for years; isn't that true?
# 12 A: Oh, I understand the methodology very well, but I'm not going to be responsible for particular implementation done on the trying conditions.
# 13 Q: When were you hired by the prosecution in the criminal case?
# 14 A: We're not -- you mean when they first discussed it?
# 16 A: At the beginning of '95 I think.
# 17 Q: When did you testify?
# 18 A: Well, I'm going to answer that slowly.
The issue of mixtures arose in the middle of May. I testified in June.
# 19 Q: The chapter in your book that talks about mixtures is from 1990, isn't it?
# 21 Q: I asked you to write down the citation for this book, the chapter which you gave me yesterday, didn't I?
# 23 Q: And you wrote down genetic data analysis to 1990, didn't you?
# 25 Q: What's the number?
# 27 Q: Let's take a look under the Elmo.
# 28 A: It's also referred to on my curriculum vitae.
# 30 MR. BLASIER: Take it off.
# 32 Q: Thank you, sir.
Now, Dr. Weir --
# 33 MR. PETROCELLI: Can you put it up there so the jury can see.
# 34 Q: (BY MR. BLASIER) You knew you were going to be asked to testify under oath, in a murder case where someone was on trial for their life in May?
# 35 A: That was in mid May. At this time I was told I would be called sometime late in July. I then went on vacation and thought in the middle of June -- I was called on the 17th of June to be in Los Angeles on the 19. I testified on the 23.
# 36 Q: Did you ever tell the prosecutors, gee, I really need more time to do my addition and subtraction and multiplication better?
# 37 A: As I said, that was my mistake, to be bullied by lawyers on both sides.
KEY QUOTE # 38 Q: You let yourself be bullied by lawyers on both sides; is that your testimony?
# 39 A: That's what I said.
# 40 Q: Now, how long have you been working with the DQ Alpha system?
# 41 A: I'm not sure. I'm not sure what you mean. I don't work with the DQ Alpha system.
# 42 Q: How long have you been working with statistics that relate to DQ Alpha results?
# 43 A: Well, my systems are not specific to a particular probe, so -- I've been working in this area since 1990.
# 46 Q: And the mistake that you made with respect to not counting the number of combinations for the 1.2 allele, are you saying that you weren't aware of that situation prior to your testimony in the criminal trial?
# 48 MR. LAMBERT: Objection, asked and answered.
# 49 THE COURT: Overruled.
# 50 A: As we both know, I did know how to calculate it when I did my two calculation -- the two-person calculations before going to Los Angeles. I had been correct.
When I wrote the program in my hotel room in Los Angeles I left out that extra step.
# 51 Q: Now, Dr. Weir, you're familiar with the National Research Counsel report of 1992, are you not, on Forensic Applications of DNA Technology.
# 52 MR. LAMBERT: Beyond the scope.
# 53 THE COURT: Sustained.
# 54 Q: (BY MR. BLASIER) You have participated in discussions, written articles about how to analyze mixed stains for some time now, haven't you?
# 55 A: Not before the criminal trial of course. About a year.
# 56 Q: You never dealt with that issue before the criminal trial?
# 57 A: Didn't come up until May of '95.
# 58 Q: How much are you asking to be paid for your preparation time in this case?
# 59 MR. LAMBERT: Objection, beyond the scope.
# 60 MR. BLASIER: Last question.
# 61 THE COURT: I'll permit it.
# 63 MR. BLASIER: Thank you. REDIRECT EXAMINATION BY MR. LAMBERT: