Demonstrative evidence: Adam Software

📄 Demonstrative evidence: Adam Software — Friday, November 8, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\8\DEMONSTRATIVE-EVIDENCE-ADAM-SO.DOC

TRIAL

▲ Day 12 of 57

◀ Exhibit photo objections Morning session opening ▶

Date: Friday, November 8, 1996 • Utterances: 48

The plaintiffs objected to the defense's use of an anatomy CD-ROM program called 'Adam: The Inside Story' during cross-examination, arguing it hadn't been disclosed or authenticated. After the judge reviewed the software on screen and saw a disclaimer that it was 'not warranted to be medically accurate,' he still allowed it for illustrative purposes after viewing the specific abdominal anatomy images the defense intended to use.

# 1 MR. PETROCELLI:

Your Honor.

# 2 MR. MEDVENE:

Your Honor, there's one other point that we might take up now, Your Honor, if it's agreeable.

We understand that the defense, Your Honor, that they might, on cross-examination, use some sort of computer program that we were just made aware of today. We don't know the nature of the computer program in terms of how sophisticated, how rudimentary. We've not seen it before. It seems to me, it's not impeachment document it's a document that should have been listed so we have an opportunity to use it.

I might note that we were going to use several mannequins that we listed on the board. Opposing counsel thought that they were at a disadvantage with respect to them because we haven't shown them to them.

I voluntarily did not use the mannequins, to be confronted with a witness being examined with a computer program that hasn't been verified. There's been no testimony about the program in terms of how accurate it is, how crude or noncrude it is.

It would seem to us, it would be inappropriate. We think at a minimum, it should be authenticated, and its accuracy should be authenticated.

We think it's too late to do that. It should have been listed already, and we should have had an opportunity to examine it, and determine just exactly how it worked and if it was accurate or not accurate in particular areas. But to be confronted with it now, on cross, as if it's an accurate demonstration of various body parts, we think, is not well-founded and should not be permitted.

We might note also, it's not on the exhibit list.

The only reason we know about it is because it was being shown up on the board, just to get it ready, and we first found out about it today.

# 3 MR. BLASIER:

Your Honor, what we intend to use is not a computer program; it's simply anatomy charts on CD-ROM, with a readily available -- like taking Gray's Anatomy and putting it on the Elmo.

It's not tailored to this case; it's not specific to the wounds in this case; it's simply illustrative for the cross-examination for impeachment purposes of this particular witness.

I'm happy to show these are routine anatomy charts that are used all the time; they're noncontroversial. We intend to use it for illustrative purposes.

In our opinion, it's not an exhibit; it's just illustrative evidence, and ask that we should be allowed to use it.

# 4 MR. MEDVENE:

As I said, we haven't seen it. We think the intent would be to blow particular parts up. We don't know if it's accurate and --

# 5 THE COURT:

Where's it from?

# 6 MR. BLASIER:

It's called Adam, The Inside Story. It's simply a series of anatomy charts on a computer, read into a book.

KEY QUOTE

# 7 THE COURT:

What is it called?

# 8 MR. BLASIER:

Adam, The Inside Story, the 1987 edition. There are many available that have been available and that are used by doctors.

# 9 THE COURT:

Adam --

# 10 MR. BLASIER:

Adam The Inside Story.

# 11 THE COURT:

What's the source?

# 12 MR. BLASIER:

There's another name of the program, Your Honor. The name of the --

# 13 THE COURT:

Who made it?

# 14 MR. BLASIER:

Well, we can -- we'll be happy to show it. We can put it up and you can see it.

# 15 THE COURT:

Does it say who made it?

# 16 MR. BAKER:

# 17 THE COURT:

There's no authorship on it?

# 18 MR. BAKER:

No.

If we put it up, it's like taking Gray's Anatomy, if we came up with charts.

# 19 THE COURT:

You put it on; let me see what it is.

# 20 (CD is played)

# 21 THE COURT:

Not very realistic, is it?

KEY QUOTE

# 22 (Indicating to photo.)

# 23 THE COURT:

How about going to the beginning?

MR. P. BAKER: You want to see the original?

# 24 THE COURT:

No. I want to see the credits.

No; I mean the first page, cover page.

# 25 MR. BLASIER:

Go to help.

# 26 THE COURT:

You don't have a first page?

There it is. There we go.

On the right side, Judge.

# 27 THE COURT:

What's the next page?

There's no authorship to this thing.

Go up to help and about --

There we go.

# 28 MR. PETROCELLI:

Stop it right there.

It says it's not warranted to be medically correct.

# 29 MR. BAKER:

Oh, no.

# 30 MR. BLASIER:

We can't back it up; we have to start it again.

# 31 THE COURT:

All right.

MR. P. BAKER: You want me to run it again, Judge?

# 32 THE COURT:

Yeah.

# 33 MR. BAKER:

Anatomically correct.

# 34 MR. MEDVENE:

It says, "This product not warranted to be medically accurate."

# 35 MR. GELBLUM:

For general --

# 36 MR. MEDVENE:

Purposes.

# 37 MR. BLASIER:

Dr. Spitz can say if the stomach is in the wrong place; it's not rocket science. Dr. Spitz has done 60,000 autopsies. He should know when it's anatomically incorrect.

KEY QUOTE

# 38 (Pause in proceedings.)

# 39 THE COURT:

What portions do you intend to use.

# 40 MR. BLASIER:

Pictures of the abdominal area.

# 41 THE COURT:

Show me the exhibits.

# 42 MR. BAKER:

Drop it down. (Indicating to computer.)

# 43 MR. BAKER:

That's one. To the side.

# 44 THE COURT:

Okay.

What's next?

# 45 MR. BAKER:

Side view.

Now, there we go.

That's it. (indicating to screen.

# 46 THE COURT:

Any other view?

# 47 MR. BAKER:

I don't think so.

# 48 THE COURT:

Okay. I'll allow it.

Temperature

procedural

Key Quotes (4)

Robert Blasier

It's called Adam, The Inside Story. It's simply a series of anatomy charts on a computer, read into a book.

Defense downplays the software as equivalent to a reference book to minimize authentication concerns.

Daniel Petrocelli

It says it's not warranted to be medically correct.

Petrocelli spots the software's own disclaimer, undermining the defense's claim that it was sufficiently reliable for use.

Robert Blasier

Dr. Spitz can say if the stomach is in the wrong place; it's not rocket science. Dr. Spitz has done 60,000 autopsies. He should know when it's anatomically incorrect.

Defense argues the expert witness can validate accuracy on the fly, rendering formal authentication unnecessary.

Hiroshi Fujisaki

Not very realistic, is it?

Judge's candid reaction upon first viewing the software suggests skepticism, making his ultimate ruling to allow it notable.

Evidence (2)

Informal

defense sought to use for illustrative cross-examination; plaintiffs challenged; judge reviewed and allowed

Informal

Mannequins previously listed by plaintiffs — referenced by Medvene as reciprocal concession — plaintiffs voluntarily withheld mannequins in exchange for expectation defense would do the same with undisclosed demonstratives

Notable Exchanges (2)

Daniel Petrocelli•Robert Baker•Hiroshi Fujisaki

While the CD-ROM was playing, Petrocelli spotted and read aloud the software's disclaimer that it is 'not warranted to be medically accurate,' prompting Baker to push back ('Oh, no') and Medvene to complete the quote.

strategic

Hiroshi Fujisaki•Robert Baker•Robert Blasier

Judge navigated the CD-ROM interface himself, asking for credits and a cover page, revealing there was no clear authorship — underscoring Medvene's authentication concern.

procedural

Light Moments (1)

Hiroshi Fujisaki

Judge views the anatomy software and immediately remarks 'Not very realistic, is it?' — a dry editorial on the quality of the demonstrative the defense wanted to use in a murder trial.

Witness Demeanor

(CD is played)

(Indicating to photo.)

(Pause in proceedings.)

(Indicating to computer.)

(indicating to screen.)

Objections

None recorded

Proceeding 8204 • 48 utterances

Civil Trial

Department 103