Just two very brief matters of housekeeping, your Honor. One is, I would like to have made a Court's exhibit that document that I showed the Court as a good faith basis for asking about Fung and Mazzola's DQ-Alpha typing.
And one other matter, your Honor, is that we still have this problem with the frequencies on the mixed stains. I'm told by Dr. Thompson that although he offered to meet with the other parties at lunch time, that offer was rejected. And we have this problem of these numbers. Now, you heard and you received the numbers that Dr. Thompson came up with simply following the NRC method, which is to aggregate the frequencies from the discovery that they gave us.
All right. Mr. Neufeld, let me cut to the chase. Mr. Clarke, what's the prognosis of getting together and seeing if we can agree upon the aggregate numbers?
That--what I've been waiting for is, if the Defense will offer us a set of numbers--and they've done that as to DQ-Alpha on the steering wheel I believe--we will be glad to review them. It hasn't gone any further than that. And I think to say that I rejected an opportunity to meet with the Defense is a bit funny since there's simply a lot going on at the moment. But yes, if they will offer us some numbers, we will be happy to look at it.
Well, the problem is, it's your number. So you need to offer it. But using this methodology, when do you think you can get us some numbers or similar methodology?
Okay. Under--and I would like to address again the Court about that manner and I don't know if the Court wants to take that up--manner, not matter. Manner of calculation. Does the Court wish to take that up now or following the redirect, recross, et cetera? Well, Dr. Cotton--maybe I can short-circuit. Dr. Cotton has told me, and although we don't agree that this is what should be done, that this method could be done I believe in about an hour or--
Hour to an hour and a half. She has to sit down, but we would like to address you about the propriety of what frequency or what approach to do, and we have to do that yet.
Okay. I would suggest then that we continue with the redirect examination and recross. And your indication to me, if I recollect correctly from last week, is that Dr. Cotton will reappear later in the case.
That's possible that may not occur. Now, counsel for the Defense also indicated that perhaps there would be no objection to Mr. Sims making some of these calculations across the markers. That may or may not solve that. I don't know. But the answer is, Dr. Cotton will be available. Whether she's--there's a need to recall her or not--
I would like to conclude Dr. Cotton for all purposes tomorrow if not sooner.
KEY QUOTEAll right. One of the problems is, the Court did not allow Dr. Cotton to recalculate--not recalculate, but calculate the frequencies across even the Department of Justice numbers. So if that comes to pass, then obviously she will be returning, if the foundation has to be laid.
Just as to these numbers then, your Honor--I mean, I know Dr. Cotton said she had to be out of here by Wednesday afternoon. As you can tell, I'm finished with my cross-examination now. So that's not a problem. But I definitely want to leave with the jury during this visit of Dr. Cotton's a sense of just how common these frequencies are.
Well, let's see if we can do this though. If Dr. Cotton says that she can do this calculation in an hour to an hour and a half, let's see if we can't conclude the redirect, the recross, allow her the remainder of the day and the evening to do these calculations, come back tomorrow morning and see where we are. Let's see if we can do that.
Your Honor, it may make more sense that--particularly in view of the fact that Dr. Cotton is not going to be allowed to testify now about the Department of Justice frequencies, that we will want to bring her back for that purpose. And therefore, can we take care of all of the frequency matter when there's more time to address it appropriately?
I definitely want to leave with the jury during this visit of Dr. Cotton's a sense of just how common these frequencies are.
Starting my four hundred and first page of notes.
To say that I rejected an opportunity to meet with the Defense is a bit funny since there's simply a lot going on at the moment.
I would like to conclude Dr. Cotton for all purposes tomorrow if not sooner.