Redirect examination of F. Lee Bailey

📄 Redirect examination of F. Lee Bailey — Thursday, January 16, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\16\REDIRECT-EXAMINATION-OF-F-LEE-.DOC

TRIAL

▲ Day 43 of 57

◀ Cross-examination of F. Lee Bailey Recross-examination of F. Lee Bailey ▶

Witness: F. Lee Bailey
Examiner: Robert Baker
Called by: Defense • Date: Thursday, January 16, 1997 • Utterances: 31

Lambert conducts a brief redirect of Dr. Henry Lee, focusing on EDTA testing and the competing opinions of Dr. Rieders. Lee explains that his notes organizing the EDTA possibilities were just analytical frameworks, and argues that Rieders' opinions fail to account for the full dataset from Roger Martz's testing — specifically, the trace EDTA found in Martz's own blood sample, which Lee attributes to instrument carryover rather than actual EDTA presence.

# 1 A:

That's incorrect.

# 2 MR. BAKER:

Nothing further. REDIRECT EXAMINATION BY MR. LAMBERT:

# 3 Q:

Dr. Lee, these notes that you were shown before by Mr. Baker, he just had you read this one paragraph which -- would you read both paragraphs to the jury and then explain what these notes are all about. (Mr. Lambert read from a letter, mission statement, from Rockne Harmon to Roger Martz.)

# 4 (Reading:) "If not planted, a convincing argument must be found for why the EDTA is present at those levels. Direct contamination from environment or contamination from the lab during the sample process and it planted -- convincing arguments must be found to explain why the levels are so low. Is to say why would --" where did the rest of it go? (Indicating to Elmo screen.)

# 5 Q:

And what is your intent in setting forth those two possibilities in your notes?

# 6 A:

This was just organizing my thinking as to what the issues were.

KEY QUOTE

# 7 Q:

And you read the testimony of Dr. Rieders in both the criminal case and the civil case. Did Dr. Rieders do any testing of his own?

# 8 A:

No.

# 9 Q:

Was he relying upon the same test results that you were relying upon for his --

# 10 A:

Yes.

# 11 Q:

-- Dr. Rieders' opinion? Do they take into account all of the data in Roger Martz's set of data?

# 12 MR. BAKER:

Well, I object. That calls for speculation and conclusion on the part of this witness, and it's argumentative and outside the scope. (The Court reviewed real time screen.)

# 13 THE COURT:

Overruled.

# 14 A:

I'm sorry. I've forgotten the question.

# 15 Q:

(BY MR. LAMBERT) Let me try again. Did Dr. Rieders opinions account for all of the various test results that Martz got when he did his test?

# 16 A:

No.

# 17 Q:

Do yours?

# 18 A:

I believe so, yes.

# 19 Q:

The test results that Roger Martz got when he found this little trace, that little molehill that we saw in testing his own blood, you testified during the examination by Mr. Baker that that couldn't be actual EDTA in his own blood, true?

# 20 A:

That's correct.

# 21 Q:

And therefore, it has to be some artifact that's creating that trace result, correct?

# 22 A:

That's correct.

# 23 Q:

And what is your opinion of the artifact that's creating that trace result?

# 24 A:

That artifact is most likely the result of carryover from previous analyses in that instrument.

KEY QUOTE

# 25 Q:

What's most likely creating the trace, little trace level, we saw in the evidence sample?

# 26 A:

The same effect.

# 27 Q:

And Dr. Rieders' opinions don't account at all for how that little trace shows up in Roger Martz's own evidence, own blood sample?

# 28 MR. BAKER:

That's argumentative. There's no way to know that, Your Honor. (The Court reviewed real time screen.)

# 29 THE COURT:

Overruled.

# 30 A:

Could we repeat the question so I am sure I answer it the right way.

# 31 Q:

Do Dr. Rieders' opinion that he gave to this jury in this case explain how those little trace levels could have shown up in Roger Martz's own blood?

Temperature

procedural

Key Quotes (3)

Lee

That artifact is most likely the result of carryover from previous analyses in that instrument.

Lee offers an alternative explanation for the trace EDTA signal that undermines the planted-blood theory — carryover from the testing instrument itself explains the anomalous result in both the evidence and control samples.

Lee

This was just organizing my thinking as to what the issues were.

Lee neutralizes Baker's implication that his two-possibility notes indicated uncertainty or bias — reframing them as standard analytical process.

Lambert

That little molehill that we saw in testing his own blood, you testified during the examination by Mr. Baker that that couldn't be actual EDTA in his own blood, true?

Lambert establishes a critical premise: the trace in Martz's own blood cannot be real EDTA, so it must be an instrument artifact — the same artifact likely explaining the trace in evidence samples.

Evidence (3)

Informal

Notes written by Dr. Lee organizing the EDTA analytical possibilities (two paragraphs read to jury)

discussed, re-read in full context after Baker read only one paragraph on cross

Informal

Roger Martz's EDTA test data, including trace results from Martz's own blood sample

discussed as baseline for comparing Lee's vs. Rieders' analytical completeness

Informal

Letter/mission statement from Rockne Harmon to Roger Martz (referenced in Lee's notes)

read aloud from Elmo screen, partial text visible

Notable Exchanges (2)

Lambert•Lee

Lambert methodically walks Lee through the carryover artifact argument — establishing that the trace in Martz's own blood can't be real EDTA, therefore it's an artifact, therefore the same artifact explains the evidence trace, therefore Rieders' planted-blood opinion is incomplete.

strategic

Baker•Court

Baker objects twice to Lambert's questions as argumentative/speculative; Fujisaki overrules both after reviewing the real-time transcript screen.

procedural

Credibility Attacks (1)

⚔ Dr. Rieders

incomplete analysis / reliance on incomplete data

Lambert uses Lee to establish that Rieders did no independent testing, relied on the same Martz data as Lee, but failed to account for the trace EDTA found in Martz's own blood — undercutting Rieders' opinion that EDTA in evidence samples indicates planted blood.

Witness Demeanor

(Indicating to Elmo screen — Lee looks for missing text of letter)

Witness asks for question to be repeated to ensure accurate answer

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 8823 • 31 utterances • Defense witness

Civil Trial

Department 103