Closing remarks

📄 Closing remarks — Wednesday, March 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\29\CLOSING-REMARKS.DOC

TRIAL

▲ Day 47 of 167

◀ Motion: Kelly-Frye DNA objections Reporter assignment ▶

Date: Wednesday, March 29, 1995 • Utterances: 8

The court session ended with a brief scheduling discussion about Friday witnesses and Barry Scheck providing a citation for a jurimetrics article on DNA random match probability. Court adjourned at 5:01 PM until the following morning.

# 1 MR. GOLDBERG:

YOUR HONOR, MAY I JUST ASK ONE MORE QUESTION? ARE YOU PLANNING ON HAVING WITNESSES GO FORWARD ON FRIDAY THEN FOR THE MORNING SESSION ON FRIDAY?

# 2 THE COURT:

I DON'T KNOW. IT DEPENDS ON HOW LONG THIS ARGUMENT IS GOING TO TAKE AND I DON'T -- I HAVE NO IDEA WHAT THE DIMENSION OF THE DISCOVERY SANCTIONS REQUEST IS, FRANKLY, HAVING ONLY SEEN THE CAPTION OF THE LETTER.

# 3 MR. GOLDBERG:

OKAY.

# 4 THE COURT:

ALL RIGHT.

# 5 MR. SCHECK:

YOUR HONOR, I HAVE THAT CITE OF THE JURIMETRICS ARTICLE. IT IS KOEHLER, CHIA AND LINDLEY AND IT IS ENTITLED "THE RANDOM MATCH" --

# 6 MR. THOMPSON:

KOEHLER, CHIA AND LINDLEY, "THE RANDOM MATCH PROBABILITY AND DNA EVIDENCE, IRRELEVANT AND PREJUDICIAL." IT IS IN THE JURIMETRICS, THE WINTER, 1995 ISSUE.

# 7 THE COURT:

ALL RIGHT. THANK YOU. I'M SURE MY STAFF CAN FIND IT ON LEXIS. ALL RIGHT. WE ARE IN RECESS.

# 8 (AT 5:01 P.M. AN ADJOURNMENT WAS TAKEN UNTIL, THURSDAY, MARCH 30, 1995, 9:00 A.M.)

Temperature

routine

Key Quotes (2)

Barry Scheck

KOEHLER, CHIA AND LINDLEY, 'THE RANDOM MATCH PROBABILITY AND DNA EVIDENCE, IRRELEVANT AND PREJUDICIAL.'

Defense cites academic literature arguing DNA random match probability evidence is both irrelevant and prejudicial — a core defense challenge to the prosecution's DNA case.

Lance A. Ito

I HAVE NO IDEA WHAT THE DIMENSION OF THE DISCOVERY SANCTIONS REQUEST IS, FRANKLY, HAVING ONLY SEEN THE CAPTION OF THE LETTER.

Reveals a pending discovery sanctions dispute the judge has not yet reviewed in detail.

Evidence (1)

Informal

Jurimetrics article: Koehler, Chia and Lindley, 'The Random Match Probability and DNA Evidence, Irrelevant and Prejudicial,' Winter 1995 issue

citation provided by defense for pending argument

Notable Exchanges (1)

Hank Goldberg•Lance A. Ito

Goldberg asked whether witnesses would proceed Friday morning; Ito said it depended on the length of an upcoming argument and a discovery sanctions request he hadn't yet fully reviewed.

procedural

Light Moments (1)

Lance A. Ito

Ito casually noted his staff could find the jurimetrics article on Lexis, a dry acknowledgment of the court's research resources.

Witness Demeanor

(AT 5:01 P.M. AN ADJOURNMENT WAS TAKEN UNTIL, THURSDAY, MARCH 30, 1995, 9:00 A.M.)

Objections

None recorded

Proceeding 5471 • 8 utterances

Criminal Trial

Department 103