It's not our burden of proof to demonstrate whether or not he did experiments. He can make comment on what tests he did or didn't do. That's completely inappropriate. He can certainly testify as to whether he thinks those kinds of tests are necessary or not, but not with respect to whether he could or couldn't do them.
KEY QUOTEHe's the proponent of the evidence, your Honor. He's questioned the witness about whether or not he conducted certain tests and experiments to determine what the behavior of EDTA would be under those conditions. He's capable of performing such tests and the jury should be aware of the fact that in questioning the witness--
KEY QUOTE--about the failure to conduct such tests, that he's capable of doing them as well. And I think it's a fair comment given the line of questioning that they have proposed to this witness whom they called.
All right. I'll sustain the objection as to any further questioning along this line as to Dr. Ballard. I'll overrule it as to Dr. Rieders.
KEY QUOTEIt's not our burden of proof to demonstrate whether or not he did experiments. He can make comment on what tests he did or didn't do. That's completely inappropriate.
He's the proponent of the evidence, your Honor. He's questioned the witness about whether or not he conducted certain tests and experiments to determine what the behavior of EDTA would be under those conditions.
I'll sustain the objection as to any further questioning along this line as to Dr. Ballard. I'll overrule it as to Dr. Rieders.