Yes, your Honor. I regrettably have asked to approach because I feel that the People's right to a fair trial is being abrogated by the Court's clear bias in the manner in which it has handled the cross-examination of Dr. Rieders. I have attempted to confine my questioning to the relevant portions upon which the Court has ruled there has been relevance concerning the Sconce case. The Court has indicated by its tone and its demeanor and its ruling its disapproval of my every question, practically, in the area, and has told the jury, in direct contravention to its own finding, that the Sconce matter is relevant, "Let's get back to this case," and has basically signaled to the jury, if not with tone and with action and with rulings, its disapproval of my behavior. I do not see what I have done that has been inappropriate. I have attempted to abide by all of the Court's rulings.
I asked to approach when I wanted to elicit something that has been previously ruled on. And the jury can only think that the Court has signaled its position on the presence of EDTA on the blood on the sock and the gate and the Court has based its determination--has made a determination that it was indeed present and that my questioning is inappropriate and ineffective. And on behalf of the People I would ask that the Court make some indication to the jury that it is not intending to signal any position on the issue, because at this point I think the signals have been very clear and very loud and I think that the People's right to a fair trial has been damaged.
The Court gave Miss Clark many, many signals. We spent most of the cross on this, the Sconce case. It wasn't like she wasn't allowed to go into it. She has been going into matters that are far collateral to this case and the Court sustained many objections. And I don't think the Court's comment was inappropriate at all and I think it would be complete inappropriate to go back and say I didn't mean what I said. So I would object to any such correcting instruction or statement by the Court.
The issue as to the Sconce case was that Dr. Rieders did testing that somebody else disagreed with. It goes to his competence. That has been established and that was established ad infinitum ad nauseam to a degree that was unwarranted and there were attempts to bring in hearsay documents that clearly there was no foundation for and to bring in opinions of other people regarding Dr. Rieders' performance on the Sconce case. I allowed you to establish the foundation that somebody else disagrees with Dr. Rieders' finding in the Sconce case. That is all that is relevant here.
Well, okay. It is my position that there were other issues regarding the witness' credibility that were highly germane. The Court disagreed, I understand, but I have never seen a lawyer for the Defense treated in the manner in which this Court has treated me throughout this cross-examination.
Well, look at Mr. Neufeld some time when I get impatient with him for the same reason, that the cross-examination is ridiculously long. I will note your objection, but I think it is not well taken.
KEY QUOTEI have never seen a lawyer for the Defense treated in the manner in which this Court has treated me throughout this cross-examination.
I allowed you to establish the foundation that somebody else disagrees with Dr. Rieders' finding in the Sconce case. That is all that is relevant here.
The jury can only think that the Court has signaled its position on the presence of EDTA on the blood on the sock and the gate.
Well, look at Mr. Neufeld some time when I get impatient with him for the same reason, that the cross-examination is ridiculously long. I will note your objection, but I think it is not well taken.