The only item I wanted to bring up, in our view, as a result of this questioning recently, the last few minutes about the witness' awareness or the witness' personal involvement in providing frequencies for mixtures, that that opens up the fact that we were directed by the Court to provide frequencies. Otherwise, the jury is left with a misleading impression that, well, this is the first time this has come up. The answer is, we were ordered to do that by this Court. So I wanted to bring that to the Court's attention. But I think at this point, that's relevant and admissible.
As long as it's done--you know, could we just have ground rules how the question is going to be framed so it's not a leading question and so it's done--
Well, he--the only way to get a straight answer here is to ask a leading question because if I were you--you know, in this context, if I were you, I would let Mr. Clarke lead him into this.
KEY QUOTECould you tell me what the question is now so--so I--just let me know what the question is now.
Well, I think it really puts it in an overall accurate picture to describe what happened here.
The problem is, that doesn't describe it accurately. It makes it seem as though this witness in the past should have been doing this type of calculation when in reality, it was the witness' testimony that, "No, I haven't done these calculations before because we don't feel it's appropriate to do it that way."
You can ask him that question. Ask him, "Why you don't think it's appropriate," and ask him, "Were you ordered by the Court to do this?" "Yes." "Why don't you think it's appropriate?" "X, Y and Z." "Thank you," and sit down.
KEY QUOTEthe jury is left with a misleading impression that, well, this is the first time this has come up. The answer is, we were ordered to do that by this Court.
the only way to get a straight answer here is to ask a leading question because if I were you — you know, in this context, if I were you, I would let Mr. Clarke lead him into this.
You can ask him that question. Ask him, 'Why you don't think it's appropriate,' and ask him, 'Were you ordered by the Court to do this?' 'Yes.' 'Why don't you think it's appropriate?' 'X, Y and Z.' 'Thank you,' and sit down.