All right. Back on the record in the Simpson matter. Defendant is again present before the Court with his counsel, People are represented. The jury is not present. All right. Counsel, anything we need to take up before we start with the next witness?
Yes. I did review the reports, including all of the liquid chromatograph tracings from the FBI. I evaluated the literature that was there. It is a relatively complex issue. Dr. Rieders is available what? Monday?
Well, the problem is, your Honor, that regardless of the length of the direct examination, it can be very brief and entirely misleading and confusing. I anticipate that it will be. And that means that the cross-examination will have to be extensive and detailed.
But don't we have a pretty fundamental difference in the types of results that the parts per million that you're likely to get in a reference sample is a gazillion parts per million whereas these trace amounts are significantly less? I mean, isn't that something that's relatively simple to cross-examine on?
One would think, wouldn't one? I did too when I first looked at it, and I spoke to Agent Martz about that, and I thought, show him the graph, show him the chart. It should be really apparent. But from what I am told, there are a lot of machinations that can occur. Comparing relative quantities on different days, which should not be done, but which we know the Defense intends to do. And we will have 402 motions on their charts which are misleading and confusing because what they will attempt to do is compare amounts that are quantified and--amounts that are quantified on one day to amounts that are quantified on another day to show relative degrees that they will attempt to assert prove the presence of EDTA, not just the kind that may be present in all of us right now as we sit here at a low level, but the kind of amount that would be indicative of coming from the preservative ii. And the problem that is engendered by that is that it is inappropriate to do so for a number of reasons, not the least of which that is on any given day that the column will register high or low depending on how it's been used that particular day. Furthermore, the method of testing employed by Agent Martz was not meant to be for the purpose of precise quantification.
Well, Miss Clark, let's assume that I agree with you that it is a complex scientific process. The question is, today is the 20th of July. Why can't you be ready by the 24th of July?
Yeah. But professional attorneys are paid to work 24 hours a day when they're in trial.
KEY QUOTEAnd I would be glad to approach sidebar to explain to the Court why the weekend is unavailable to me. But--
At this point in time, I'm the one designated to do this. And I anticipated that we would have more time than this because it looked from the scheduling of things that he would be coming up at the very earliest, late next week after Agent Martz testified. They have now completely rearranged the order, and not only that, but decided not to call Agent Martz until afterwards. Now, Agent Martz is available. He could testify today, but they refuse to call him. That's their trial strategy. But it's--when they use their trial strategy to deliberately prevent us from being prepared to cross-examine, that's another matter, and that's what they have done. And so perhaps--see, the Defense has indicated that Dr. Rieders will not be available until August 2nd if he's not called to testify on Monday. And I don't see any problem with Dr. Rieders testifying on August 2nd. I don't see what the problem is.
He's leaving the 30th to go to Vienna for a week. Your Honor, the Prosecution was advised last Saturday that we were calling Martz and Rieders this week. I can't believe that Miss Clark says she's ready for Martz, but she's not ready for Rieders.
Oh, come on. I think--that's so obvious, it doesn't even bear addressing. You know, Agent Martz is going to be an honest witness who's going to testify truthfully to the results. That's a little easier--
I've warned you already. Sanction is $250. Don't leave court without writing a check.
Your Honor, Dr. Rieders would be available then I take it on the 7th of August; is that correct?
I don't know what his plans are for coming back from Vienna. We anticipate being done by the 7th of August. I want to call him Monday because of his health.
All right. Thank you, counsel. Mr. Cochran, are you prepared to call the Defense's next witness?
Your Honor, while we are waiting for the witness, when Detective Mulldorfer comes to testify, before testifying, we have a motion in limine.
Yeah. But professional attorneys are paid to work 24 hours a day when they're in trial.
When they use their trial strategy to deliberately prevent us from being prepared to cross-examine, that's another matter, and that's what they have done.
Agent Martz is going to be an honest witness who's going to testify truthfully to the results. That's a little easier--
Sanction is $250. Don't leave court without writing a check.
I can't believe that Miss Clark says she's ready for Martz, but she's not ready for Rieders.