Sure. Similar to what they did on the blood vial that we put up. I can't put up something permanent, so I have a metallic piece that simply adds another category of people who cannot be excluded by this result, which is simply a third person.
Keep your voice down. One other thing. Do not directly address the jurors other than to say good morning. All right. On about four or five occasions you have directly addressed jurors. That is not appropriate in California.
So I did something neutral. I didn't try and put who the person was. I just said "third person identity unknown," as another class of people who cannot be excluded by this typing and obviously the person has the 4 allele.
The first item is Mr. Neufeld was just asked, immediately prior to court, did he have any new exhibits that he was going to seek to use and he said no. That is the first objection. The second relates to, first of all, I don't want and I think the Court should not allow any alteration of our charts whatsoever. This represents an alteration of that chart. It cannot be preserved, shouldn't be preserved and it shouldn't be used on our chart. It is one point to point to items on the chart, have testimony and so forth, but I think any alteration is improper. And third of all, this is clearly misleading because there is no evidence that there is a third person. All we know is two people cannot be excluded, as are ten people couldn't be excluded, but to reach the conclusion as this does, a third person identity unknown, is contrary to the facts of this case.
I deliberately picked "third person identity unknown" because it is not argumentative, your Honor.
this is clearly misleading because there is no evidence that there is a third person. All we know is two people cannot be excluded, as are ten people couldn't be excluded, but to reach the conclusion as this does, a third person identity unknown, is contrary to the facts of this case.
I deliberately picked 'third person identity unknown' because it is not argumentative, your Honor.
It is. It is. Sustained. Sustained.
Do not directly address the jurors other than to say good morning. All right. On about four or five occasions you have directly addressed jurors. That is not appropriate in California.