📄 Sidebar: NRC report methodology — Friday, June 23, 1995
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▲ Day 102 of 167

Sidebar: NRC report methodology

Date: Friday, June 23, 1995 • Utterances: 12
Judge Ito held a sidebar to limit Neufeld's cross-examination use of the NRC (National Research Council) report on DNA statistics. Ito ruled that the report was only relevant to mixture calculations, not broader methodology debates, and sanctioned Neufeld $250 for speaking too loudly at the bench.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We're over at sidebar. Mr. Neufeld, I think the only issue that the NRC report is germane to at this point is the method of calculations regarding mixtures. I allowed you to cross-examine on that issue, but to go on into the whole controversy regarding the NRC report, I'm going to sustain a 352 objection because it's way overboard.

3 MR. NEUFELD:

Let me just explain.

4 THE COURT:

Keep your voice down.

5 MR. NEUFELD:

I think he on direct examination did or did not specifically testify to mixtures, but as you may recall, he testified as to independence which allows him to utilize the product rule for all the single donor stains.

6 THE COURT:

Why don't you ask him a specific question about that.

7 MR. NEUFELD:

That's--this question is about independence. This is the point which I think he disagrees with and which I'm trying to get to now to show--I'm trying to use this to show his bias, and I think I'm entitled to ask him about his bias, your Honor. This is the part, just for that purpose.

8 THE COURT:

No. The issue here is the determination of mixtures. Other witnesses have testified to the other databases. You had plenty of opportunity to cross-examine on those issues. To go after him using this hearsay at this point goes way beyond what we need to have here. It's a waste of our time. You can go into issues regarding mixture, but all this other stuff in the NRC report--we're not going to debate the NRC report.

9 MR. NEUFELD:

I'm not going to debate the report. But I'm trying to bring out these things to show the biases he has. This--you know, it's a logical reaction to everything in this NRC report or to most of what's in the NRC report. I want to ask for bias purposes.

10 THE COURT:

Ask him about it. You're sanctioned $250 for keeping your voice up.

KEY QUOTE
11 MR. NEUFELD:

Your Honor, I would like to take that up later.

12 THE COURT:

That's fine.

Temperature

tense

Key Quotes (4)

Lance A. Ito
To go on into the whole controversy regarding the NRC report, I'm going to sustain a 352 objection because it's way overboard.
Sets the boundary: NRC report admissible only on mixture calculations, not as a broad platform for attacking DNA methodology.
Peter Neufeld
I'm trying to use this to show his bias, and I think I'm entitled to ask him about his bias, your Honor.
Neufeld's strategic goal — using NRC report not for its content but to expose the witness's alignment against its findings.
Lance A. Ito
You're sanctioned $250 for keeping your voice up.
Ito imposes an in-the-moment monetary sanction mid-sidebar for Neufeld raising his voice.
Lance A. Ito
It's a waste of our time. You can go into issues regarding mixture, but all this other stuff in the NRC report — we're not going to debate the NRC report.
Clear statement of court's 352 balancing: probative value on mixtures allowed, broader debate excluded.

Evidence (1)

Informal
NRC (National Research Council) report on DNA statistics and methodology
scope of use disputed; judge limits to mixture calculations only

Notable Exchanges (2)

Peter NeufeldLance A. Ito
Neufeld attempts to use the NRC report broadly to show witness bias; Ito cuts him off, restricts use to mixtures, and fines him $250 for voice volume.
tense/adversarial
Peter NeufeldLance A. Ito
Neufeld protests the sanction and asks to take it up later; Ito tersely agrees.
procedural

Credibility Attacks (1)

⚔ DNA expert witness (unnamed in transcript)
bias
Neufeld sought to use the NRC report to show the witness's disagreement with its findings on independence and the product rule, framing that disagreement as evidence of bias.

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 6533 • 12 utterances
Criminal Trial
Department 103
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📂 JUN 23, 1995 📄 Sidebar: NRC report methodolog
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