All right. Dr. Weir, thank you very much, sir. You are excused. All right. Ladies and gentlemen, I think we're going to switch to a different witness at this point. I'm going to ask you to step back into the jury room. We need to change some exhibits and things, and we'll have you back out here as soon as we're ready to go.
All right. Let the record reflect that the jury has withdrawn from the courtroom. Counsel, what's your pleasure? Who is your next witness, Miss Clark?
Your Honor, I have one application to make as well, which is that--Dr. Weir is still here. I hope he is. Well--
Good. Dr. Weir furnished us with a few hundred pages of tables for the pairings for the two and three contributor assumptions to the data in this case, and he didn't give us the tables and hard copy for the four because he just said it was too voluminous. And I certainly accept that. In order though for our own experts to independently evaluate his calculations and what he's done here, what we would like to have and what we need to have is simply a copy of his computer program because I believe we already have the data of the frequencies; and I would simply ask the Court to ask the Prosecution to simply have Dr. Weir make a copy of that program available so our experts could independently evaluate it prior to their taking the witness stand in this case.
We have no opposition providing the Defense the data itself, but I don't feel that Dr. Weir has to provide everything in his laboratory that relates to this type of matter. In other words, not the program.
It's not everything. It's just that there's no way we can check his numbers unless we have his program. That's the whole point. I'm not asking for everything in his laboratory. He has a computer program.
I'll put it under protective order, your Honor. We will not let anybody else see it or expose it to anybody. And if we give it to one or two of our experts to evaluate, they too can sign a protective order if that's the concern. Other than that, since he relied on that computer program to generate this data, we're entitled to it. I'm not asking him to create something that doesn't exist. He already has the program.
They are welcome to the data, your Honor, but I don't think there's any basis to order somebody to turn over a program and how to interpret the data. If they have the data, then the Defense expert can interpret it just as well.
The data is inadequate for our experts to determine whether or not he in fact conveyed these or did his calculations properly. His calculations are predicated on his computer program. The only way we'll know if he did it right is to at least rely on the same computer program. It can't be done any other way.
The request for the computer program itself is denied. All right. Next witness. Mr. Blasier, good afternoon.
Good afternoon, your Honor. Before we do the next witness--I'm assuming we are getting into hair and trace evidence--we were just presented with I think 33 pages of new discovery on the next two witnesses. One is a five-page typed report from the first witness we had nothing from before. The rest of it are handwritten notes by Susan Brockbank, which we have other material from her. This is new material. We object to the late discovery. There is also a large board that they want to use that we've never seen before until just now. It has a lot of chain of custody information on it. It may be perfectly fine, but we haven't had a chance at look at it. I've reviewed Miss Lewis' report. I'm prepared to go ahead with her today. I am not prepared to go ahead with Miss Brockbank. Her handwritten notes, I have to sit down and go through them and correlate them to her old notes before I am prepared to cross-examine her. So we need some time to look at their chart before we can start with--and anything else that they might want to use with this first witness.
All right. Why don't you bring that up. Why don't you just lean it up against the jury rail there, please. All right. Mr. Blasier, you want to take a look at that and see what your concerns are?
No. I mean, just wanted to know what the nature of your objection--or you said you hadn't had a chance to look at it.
Correct. I haven't had a chance to correlate the numbers and the dates. They sent us one other chart on exemplars which we're prepared to stipulate to that did have dates on. We could cross-compare those. But there's a lot of information on this chart and we just haven't had a lot of time to absorb it. We've had a couple of minutes.
I don't know how many items they're going to cover with Miss Lewis. Do you know, Miss Clark?
Exactly. It will be--not all the knowns obviously. Just the items that came from the Coroner's office, item 73, 79, 81, 83, 86--
Yes. With respect to the records that Mr. Blasier referred to, your Honor, he got them as soon as I got them. I haven't even read Susan Brockbank's notes and I was reading Denise Lewis' notes that he's talked about during this witness.
Well, there's no objection to Miss Lewis, and I assume that tomorrow morning, we'll hear about Brockbank if there's a problem.
All I'm saying is that the notes did not exist until this morning. So it's not late discovery. That's when they were written.
Just for purposes of calculating time, I understood from Mr. Darden this morning in chambers that the main emphasis on comparison will be with Deedrick and not the whole litany with Brockbank.
That's exactly right. There's not going to be any testimony about comparison with Brockbank at all. At all.
And that's why I just proposed a stipulation concerning the taking of other exemplars to prevent the calling of other witnesses to just say "I took an exemplar," and they've agreed I believe.
We do have objections--we're not prepared to stipulate to the collection of any evidence items by the Coroner's office or by Mr. Yamauchi. There are exemplars, and we presented a stipulation--the fingernail kit, the hair kits, those--
The fingernail kit and the hair kit are already done by business records. The only thing I'm asking you to stipulate and is already in the stipulation you looked at is the collection of exemplars from the clothing by Yamauchi and Raquel.
Well, we aren't agreeing to anything done by Ratcliffe at the Coroner's office. We aren't agreeing that the clothing of the victims was properly preserved by the Coroner's office, and we would object to testimony about what happened to that clothing unless it's subject to connection at some later point in time.
We are putting in the clothing of the victims and the hair samples taken from the victims. Mr. Kelberg laid the foundation through business records as far as the Coroner's office is concerned. We pick up the chain from Denise Lewis who will identify by Coroner's number and packaging exactly what the items were that she recovered from the Coroner's office that was attributed to the decedents, and we believe that's sufficient to complete the chain. If Defense wants to call witnesses that pertain to that in their case in chief, they're welcome to do so. But I don't think the People are required to do anything further other than identify from the packages--unless the Defense can make a challenge that there's something wrong with the chain under People versus Riser, we can do so by the identity of numbers on the packaging and the descriptions of the items themselves, and we intend to do so with the witnesses that we will call.
All right. So what's the roadblock at least starting with this witness this afternoon?
No. I have no objection with going ahead with this witness. I just want to make it clear we're not stipulating--for instance, with the clothing, the shirt obviously was not properly collected because it was moldy and smelly by the time it got to the crime lab. We've had testimony that if it was collected properly, that wouldn't happen. So we know presumptively that wasn't collected properly and we are not agreeing that it was.
I just wanted to know the perimeters of what the objections are. But if there's no objection based upon the report that was disclosed this afternoon to proceeding with Miss Lewis, let's proceed with Miss Lewis. All right. Anything else?
All right. Mr. Fairtlough, would you turn that down, please, so the jury can't see it until it's going to be used.
Your Honor, Mr. Fairtlough indicated that he would fax me a copy of that tonight so that we can take a look at it over the evening break.
Fine. All right. Counsel, anything else before we invite the jurors to rejoin us? All right. Let's have the jury, please.
There's no way we can check his numbers unless we have his program. That's the whole point.
We were just presented with I think 33 pages of new discovery on the next two witnesses. One is a five-page typed report from the first witness we had nothing from before.
The notes did not exist until this morning. So it's not late discovery. That's when they were written.
The shirt obviously was not properly collected because it was moldy and smelly by the time it got to the crime lab.