Your Honor, I haven't been shown any of these items, and counsel is basically throwing them at the witness without even letting me see what he's doing. I thought before cross began, we were supposed to be shown exhibits which were intended for use.
Objection, discovery as well as foundational as to this--he's asking to show the witness this exhibit and ask him if he's familiar with it and if he relies on it or refers to it in some manner.
But let me ask you this, Miss Clark. Let's assume that true, we may have a 721 problem because he hasn't referred to this particular item in reaching his conclusions. This is just a listing of all the various basic and accepted characteristics of hair.
And he's going to say, "Yes, I considered all of these things with the exception of the DNA stuff."
Right. I have no problem as long as he is allowed to look at it ahead of time and say--given a fair opportunity to examine the list and say, "Yes, these are the things I looked at." That's fine. But I mean, I'm not an expert, Judge, so I don't know--
Well, counsel, you can take two minutes to look at that and you can tell that those are the basic standard hair comparison characteristics.
Why don't you let the expert do that. That's all I'm saying. Have him study it enough to--
How about if I have Mrs. Robertson step back and shoot you all a copy, give him an opportunity to look at it for a few moments. But if you look at them--I know them all. You know them all. Even Mr. Cochran knows half of them.
I think the record should reflect this is all tongue and cheek and we're laughing. We're laughing, right, Johnnie?
KEY QUOTEThere's a similar list in the book you were holding published by the FBI, which I presume won't come as a surprise to him.
That's the only thing. Just so I understand the rules, your Honor, realizing we are winding down the cross-examination by the Defense, what are the requirements of previewing cross-examination with the opponent?
No. If you are going to have some exhibits, we need to see them. They don't necessarily--they don't have to be shown to the witness themselves, but anything that you're going to use as a demonstrative exhibit, you need to show to counsel before we start.
Oh, I know. That's why you don't show it to the witness. Mr. Bailey, two to you, Miss Clark. And, Mr. Bailey, you can share one. Why don't you give him the book.
KEY QUOTEEven Mr. Cochran knows half of them.
I think the record should reflect this is all tongue and cheek and we're laughing. We're laughing, right, Johnnie?
That from time to time could reduce some of the value of the items.
Oh, I know. That's why you don't show it to the witness.