📄 Sidebar: database testimony — Monday, June 26, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUN\26\SIDEBAR-DATABASE-TESTIMONY.DOC
TRIAL
▲ Day 103 of 167

Sidebar: database testimony

Date: Monday, June 26, 1995 • Utterances: 16
A sidebar dispute over whether the prosecution's redirect examination exceeded the scope of cross-examination. Defense attorney Neufeld argued he only challenged the databases used for statistical calculations, not the Rockingham or Bundy stain evidence specifically. Judge Ito sided largely with the defense, restricting Clarke's redirect to database-related questions only.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We're over at sidebar. Counsel, aren't we beyond the scope of cross-examination?

3 MR. CLARKE:

Well, I don't think so. I think during cross-examination, there was obviously a serious attack on not only databases that were used, but also the manner in which laboratories calculated their frequencies, whether or not this witness felt it was appropriate to calculate frequencies in the manner that was done, the validity of the databases.

4 THE COURT:

Where are you going with this?

5 MR. CLARKE:

My intent is simply to refer to item 12, the Rockingham foyer, and in the same manner I just did, and then lastly, on the socks as to the RFLP matches with Nicole Brown and Mr. Simpson.

6 MR. NEUFELD:

Your Honor, I never went into--at any time on cross-examination, I didn't go into any of the Rockingham stains. I didn't go into any of these Bundy stains at all. And all I said was, I questioned the databases. But he's not rehabilitating. He's just using this assumption to reemphasize all the missing numbers they have on other items of evidence, none of which I went into on cross-examination. This is all beyond the scope at this point.

7 MR. CLARKE:

I don't think so at all when you talk about the confidence limits and their use, whether or not these laboratories--for instance, as to the databases, the Court can remember the attack that was made. This witness has compared these results with the databases obtained by both Cellmark database as well as FBI, both of which Mr. Neufeld brought out during cross-examination.

8 THE COURT:

You're going back to rehabilitating on database on this--

9 MR. CLARKE:

No. To demonstrate the means of these results with the witness taking into account his own calculation that he knew to describe the fact that he had made calculations during that time.

10 MR. NEUFELD:

Judge, he was limited to challenging the source of database. I never made any attempt at all on any of these numbers other than A. and he's not questioning now on the database or the source of the database. He's simply going off into other things that came through other witnesses which I never even got into at all on cross. We never mentioned the Rockingham stains. This is total bootstrapping at this point. It really is.

11 MR. CLARKE:

I don't think it's bootstrapping at all when an attack is made during cross-examination on this witness' ability to make comments about various pieces of evidence from a statistical standpoint. There's a clear implication that each of these pieces of evidence were being attacked. I mean yes, he didn't call them item by item, but I think when there's a general attack on these laboratories and their calculations--

12 THE COURT:

The attack was on DQ-Alpha.

KEY QUOTE
13 MR. CLARKE:

It was also an attack on databases and how--

14 THE COURT:

I'll allow some questioning on the databases, but that's what it's going to be restricted to.

KEY QUOTE
15 MR. CLARKE:

I'm sorry. So that--

16 THE COURT:

That's what it's restricted to.

Temperature

tense

Key Quotes (4)

Peter Neufeld
He's just using this assumption to reemphasize all the missing numbers they have on other items of evidence, none of which I went into on cross-examination. This is all beyond the scope at this point.
Accurately identifies the prosecution's strategy: using a database challenge as a pretext to reintroduce statistical evidence on items never addressed on cross.
Peter Neufeld
This is total bootstrapping at this point. It really is.
Blunt characterization of Clarke's tactic — using a narrow cross-examination attack to re-open a much broader evidentiary door.
Lance A. Ito
The attack was on DQ-Alpha.
The judge cuts through Clarke's broad framing and identifies exactly what the cross-examination actually covered, undercutting Clarke's argument.
Lance A. Ito
I'll allow some questioning on the databases, but that's what it's going to be restricted to.
The ruling — prosecution wins a narrow point but loses the broader attempt to re-introduce Rockingham and sock RFLP statistics.

Evidence (4)

Informal
Rockingham foyer stain (item 12)
Clarke sought to question on it; Ito restricted this
Informal
Sock RFLP matches with Nicole Brown and O.J. Simpson
Clarke sought to question on it; implicitly restricted by ruling
Informal
Cellmark and FBI population databases used for statistical frequency calculations
Discussed as the permissible scope of redirect
Informal
Bundy stains
Neufeld explicitly noted he did not go into these on cross

Notable Exchanges (2)

George ClarkePeter NeufeldLance A. Ito
Clarke argues that a general cross-examination attack on databases and laboratory methodology opened the door to redirect on all statistical evidence; Neufeld counters that the attack was specific and narrow; Ito agrees with Neufeld and restricts redirect to databases only.
strategic
George ClarkeLance A. Ito
Ito twice cuts off Clarke's expansive framing by identifying that 'the attack was on DQ-Alpha' and then repeating the restriction twice: 'That's what it's restricted to.'
decisive

Objections

None recorded
Proceeding 6549 • 16 utterances
Criminal Trial
Department 103
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📂 JUN 26, 1995 📄 Sidebar: database testimony
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