A brief sidebar in the civil trial where defense attorney Peter Neufeld sought to introduce document 1319, a handout given to SID criminalists, specifically limiting his use to instruction no. 14. After Darden initially raised concerns about scope and authentication, Ito ruled that Neufeld must lay a proper foundation, and Darden ultimately withdrew any objection once the scope was confined to item 14 only.
# 1 (The following proceedings were held at the bench:) # 2 MR. NEUFELD: Judge, unlike the other documents in the guide, when I received--this was discovered, this is one of the items--in fact, this was--they noted on the bottom of it that it's a handout given to the criminalist, and all I'm going to ask about is one particular sentence.
# 3 THE COURT: Keep your voice down.
# 4 MR. NEUFELD: One particular sentence, instruction no. 14. That's it.
# 5 THE COURT: All right. What was the previous objection?
# 6 MR. DARDEN: First of all, I asked him if he's going into the whole thing. I asked him that, and he said yes. So if I can have a moment to look at item 14.
# 7 MR. NEUFELD: Item 14.
# 8 THE COURT: You need to ask some foundational questions, ask if she knows what it is and if she agrees with this policy.
KEY QUOTE # 9 MR. NEUFELD: This is something SID handed out to their criminalists.
# 10 THE COURT: I'm just saying you need to lay a foundation for it.
# 11 MR. NEUFELD: Okay. I will.
# 12 THE COURT: That's all. All right.
# 13 MR. DARDEN: Can I ask one question? What was counsel's representation as to the--
# 14 MR. NEUFELD: Item 14.
# 15 MR. DARDEN: As to the--
# 16 MR. NEUFELD: That was on there before I received it. That was written on the item before I received it as discovery.
# 17 MR. DARDEN: Are we going to go into the issue at all, the authentication of this?
# 18 THE COURT: No. Just item 14.
# 19 MR. DARDEN: No objection to item 14.
KEY QUOTE