All right. We're over at the sidebar. What's your authority for being able to force an expert witness to make calculations that he doesn't agree with?
It's not a question of making calculations. I am allowed to ask him a question, and the question--
The question I asked him is, can one calculate the frequencies of all possible contributors to this mixture. He said, "One can, but I disagree with it." That's his answer on that. He also made it clear--
He also made it clear it's his position you can do the calculations but he disagrees with it. All I can ask him to do--since he's already testified to the frequencies for Cellmark databases, I am going to simply ask him at this point to provide those kinds of frequencies for the people who cannot be excluded. That's all. He can say, "I disagree with it," as much as he wants. I can ask him using items which are in evidence, what he has looked at has already--you know, it's the Cellmark database he's familiar with, the frequencies on there and at--
Well, first of all, NRC--Mr. Neufeld has characterized what the NRC report has said. The witness already testified that the only way this database is part of that report is if you assume that that's what they meant. But more importantly, at this point, we've been given six different charts involving a technique that the evidence shows at this point is extremely confusing, well, extremely misleading, and I think going through these charts with this state of the evidence serves no purpose. It's irrelevant and confusing to the jury based upon this evidence thus far.
Counsel, if I have to warn you to keep your voice down one more time, it's going to cost you 250 bucks.
KEY QUOTEIt's not just this one. Just all contributors to the mixture other than the one shown, all people that contributed 4 alleles. I'm not going to do the other items of evidence. I was going to, but I'll dispense with all of them.
We also--we also have a witness who has said this is scientifically wrong. We're having him make a series of manipulations that the evidence shows is wrong.
KEY QUOTEIt is cross-examination and this is a computing theory. All right. I am going to overrule it, but I'm limiting you to those two areas. And--excuse me, counsel--you have to give him the opportunity to say that he vehemently disagrees with this, but he can do it.
KEY QUOTECounsel, if I have to warn you to keep your voice down one more time, it's going to cost you 250 bucks.
It is cross-examination and this is a computing theory. All right. I am going to overrule it, but I'm limiting you to those two areas.
No. No. You don't get to talk.
We also have a witness who has said this is scientifically wrong. We're having him make a series of manipulations that the evidence shows is wrong.