Redirect examination of Dr. Bruce Weir (part 3)

📄 Redirect examination of Dr. Bruce Weir (part 3) — Monday, June 26, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\26\REDIRECT-EXAMINATION-OF-DR-BRU.DOC

TRIAL

▲ Day 103 of 167

◀ Sidebar: database testimony Recross-examination of Dr. Bruce Weir ▶

Witness: Dr. Bruce Weir
Examiner: George Clarke
Called by: Prosecution • Date: Monday, June 26, 1995 • Utterances: 23

George Clarke conducts a brief redirect examination of Dr. Bruce Weir, clarifying the number and types of DNA databases he analyzed for the case. Dr. Weir confirms he examined four databases total — two Cellmark RFLP, one FBI RFLP, and one FBI PCR — and that the RFLP profiles found in evidentiary items are very rare and match the three known individuals.

# 1 (The following proceedings were held in open court:)

# 2 (Discussion held off the record between the Deputy District Attorneys.)

# 3 MR. CLARKE:

Dr. Weir, in terms of your analysis, you examined two databases from Cellmark; is that right?

# 4 DR. WEIR:

That's right. The one that they used in their own reports and the subsequent one developed in 1994.

# 5 MR. CLARKE:

And was that what was referred I believe last week to the `92--1992 Cellmark database as well as the 1994 Cellmark database?

# 6 DR. WEIR:

That's right.

# 7 MR. CLARKE:

You also examined the FBI database; is that correct?

# 8 DR. WEIR:

Yes. The FBI's RFLP and PCR.

# 9 MR. CLARKE:

So in your analysis of the various databases used in this case, would it be correct to say you examined three separate databases?

# 10 DR. WEIR:

Well, I also examined the Cellmark PCR. So it's actually four.

KEY QUOTE

# 11 MR. CLARKE:

Okay. So would it be three different RFLP databases?

# 12 DR. WEIR:

Yes. If we take the two Cellmark's as being different, yes. Uh-huh.

# 13 MR. CLARKE:

And as far as PCR databases, how many would that include?

# 14 DR. WEIR:

For the PCR, Cellmark has--has the Caucasian and African American, and the FBI has the four racial designations.

# 15 MR. CLARKE:

And did you evaluate the evidence in this case on all of these results boards using and comparing all of those databases?

# 16 DR. WEIR:

I didn't use the Cellmark's PCR data, but I used all the Cellmark's RFLP, all the FBI's RFLP and all the FBI's PCR on all the items on the boards.

# 17 MR. CLARKE:

As a result of your comparison of those databases, is it your opinion that the RFLP results on all of these boards where they exist are in fact good estimates?

# 18 DR. WEIR:

Yes, they are.

# 19 (Discussion held off the record between the Deputy District Attorneys.)

# 20 MR. CLARKE:

As far as these databases and comparing results from each of them, do they in fact demonstrate the fact that these various RFLP profiles for the three known individuals in this case are very rare?

# 21 DR. WEIR:

Well, I'd like to rephrase that the profiles found in the evidentiary items are very rare and they--they match the three known people.

KEY QUOTE

# 22 MR. CLARKE:

Thank you.

# 23 MR. CLARKE:

Nothing further, your Honor.

Temperature

procedural

Key Quotes (2)

Dr. Bruce Weir

I'd like to rephrase that the profiles found in the evidentiary items are very rare and they--they match the three known people.

Weir subtly but deliberately reframes Clarke's question — shifting emphasis from 'the profiles are rare' to 'the evidence profiles are rare and match known individuals' — a more forensically precise and damaging formulation for the defense.

Dr. Bruce Weir

Well, I also examined the Cellmark PCR. So it's actually four.

Corrects Clarke's count, demonstrating Weir's precision and thoroughness with the databases he reviewed.

Evidence (4)

Informal

1992 Cellmark RFLP database

discussed

Informal

1994 Cellmark RFLP database

discussed

Informal

Cellmark PCR database

discussed

Informal

FBI RFLP and PCR databases

discussed

Notable Exchanges (1)

George Clarke•Dr. Bruce Weir

Clarke attempts to summarize Weir's conclusion as profiles being 'very rare,' but Weir corrects the framing to specify that the evidentiary item profiles are rare and match the three known individuals — a more precise and legally significant statement.

strategic

Objections

None recorded

Proceeding 6550 • 23 utterances • Prosecution witness

Criminal Trial

Department 103