Cross-examination of Dr. Terence Speed (morning, part 2)

📄 Cross-examination of Dr. Terence Speed (morning, part 2) — Tuesday, August 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\8\CROSS-EXAMINATION-OF-DR-TERENC.DOC

TRIAL

▲ Day 131 of 167

◀ Sidebar: impeachment document Sidebar: letter exhibit use ▶

Witness: Dr. Terence Speed
Examiner: Rockne Harmon
Called by: Defense • Date: Tuesday, August 8, 1995 • Utterances: 29

A brief continuation of Terence Speed's cross-examination in which prosecutor Rockne Harmon introduced People's Exhibit 577, a letter from Professor Weir soliciting Speed's peer-review comments on a statistical article. Harmon was in the process of using Speed's own written comments to challenge his testimony when the transcript cuts off mid-objection.

# 1 (The following proceedings were held in open court:)

# 2 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 3 MR. NEUFELD:

Your Honor, may we have a side bar again, please?

# 4 THE COURT:

Proceed. Proceed.

# 5 MR. NEUFELD:

Okay.

# 6 THE COURT:

Do you have a copy of that?

# 7 MR. NEUFELD:

No.

# 8 THE COURT:

That is your only copy, Mr. Harmon?

# 9 MR. HARMON:

Sure, absolutely.

# 10 THE COURT:

Would you have Miss Carswell make a copy of this, please.

# 11 MR. HARMON:

No, I have got a copy.

# 12 THE COURT:

All right. We have got a copy. Proceed.

# 13 MR. NEUFELD:

Thank you.

# 14 MR. HARMON:

Your Honor, may this be marked as People's next in order, your Honor?

# 15 THE CLERK:

577.

# 16 THE COURT:

577.

# 17 (Peo's 577 for id = document)

# 18 MR. HARMON:

Professor Speed, I would like you to look at People's 577 for identification. Is that the letter that you were referring to when you mentioned yesterday that Professor Weir solicited your input on an article he was writing?

# 19 PROF. SPEED:

Yes, that is the letter.

KEY QUOTE

# 20 MR. HARMON:

Are those your comments, or many of them, with respect to different areas of the article he had given to you?

# 21 PROF. SPEED:

Yes.

# 22 MR. HARMON:

Okay. And did I accurately read the--

# 23 PROF. SPEED:

Could you remind me what section it is in?

# 24 MR. HARMON:

Sure. It is on the last page, your item no. 11 on the third page.

# 25 PROF. SPEED:

Yes.

# 26 MR. HARMON:

Okay. Could we put the third page of 577 up on the elmo, your Honor?

# 27 MR. NEUFELD:

Your Honor, objection.

# 28 THE COURT:

May I see it, please?

# 29 (Brief pause.)

Temperature

procedural

Key Quotes (2)

Rockne Harmon

Is that the letter that you were referring to when you mentioned yesterday that Professor Weir solicited your input on an article he was writing?

Establishes the purpose of Exhibit 577 — to use Speed's own prior written comments to impeach or constrain his testimony.

Dr. Terence Speed

Yes, that is the letter.

Speed confirms the document's authenticity, setting up Harmon's use of Speed's own words against him.

Evidence (1)

People's 577

Letter from Professor Weir to Dr. Speed soliciting peer-review comments on a statistical article; includes Speed's written annotations and numbered comments

introduced and identified by witness

Notable Exchanges (1)

Rockne Harmon•Dr. Terence Speed

Harmon used a letter Speed wrote reviewing Weir's statistical article to pin Speed to prior written positions, referencing item no. 11 on page 3 before the transcript cuts off.

strategic

Credibility Attacks (1)

⚔ Dr. Terence Speed

prior inconsistent statement / prior written admission

Harmon introduced Speed's own peer-review comments on a Weir article (People's 577) to test whether Speed's trial testimony aligned with positions he had previously expressed in writing.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7227 • 29 utterances • Defense witness

Criminal Trial

Department 103