📄 Sidebar: scientific articles and Blake — Thursday, May 18, 1995
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▲ Day 77 of 167

Sidebar: scientific articles and Blake

Date: Thursday, May 18, 1995 • Utterances: 12
A brief sidebar in which Barry Scheck raises a preserved objection regarding Rockne Harmon's line of DNA questioning — specifically that asking about six probes duplicative of Cellmark's probes was calculated to mislead the jury about the true rarity statistics. The proceeding is largely technical and procedural, notable more for its casual banter than legal fireworks.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We are over at sidebar.

3 MR. SCHECK:

I'm assuming, as the Court picked up, the poly-marker and DQ-Alpha. There's nothing about--

4 THE COURT:

You caused this problem, you guys.

KEY QUOTE
5 MR. COCHRAN:

No. Rock did.

6 MR. HARMON:

Maybe I can have misconduct added to my tab here.

KEY QUOTE
7 MR. SCHECK:

I want to note for the record Patrick Ewing is a great player.

KEY QUOTE
8 THE COURT:

Okay.

9 MR. SCHECK:

The point is, DQ-Alpha and poly-marker have the same system. I assume that he has disaggregated the DQ-Alpha. In other words, that's number one. Number two, this is my objection. Is that Mr. Harmon asked a series of questions of this witness about six probes that were duplicative of the Cellmark probes, a whole series of questions about how those six probes were discriminated among people and further differentiated and further made these things more rare. That was the basis of my relevancy objection, your Honor, because he asked a whole series of questions to make it seem as though those six probes were somehow--that were not--they can't be included in the calculation because the duplicatives were somewhat added to the rareness here. And my whole problem with that form of presentation and the charts and everything that he's doing here is that it's calculated to unduly confuse the jury as to how much it really is and isn't. Now, it's a limited relevance with respect to the sock I agree. But I get very concerned when it's--you know, the whole cumulative effect, and I just wanted to put on the record that I thought that whole line of questions was a clear 352 violation and was unduly confusing.

10 THE COURT:

All right. Noted. Thank you.

11 MR. COCHRAN:

Can we show it to the client?

12 THE COURT:

Yes, sure.

Temperature

light

Key Quotes (4)

Barry Scheck
My whole problem with that form of presentation and the charts and everything that he's doing here is that it's calculated to unduly confuse the jury as to how much it really is and isn't.
Core defense argument that the prosecution's DNA presentation inflated apparent rarity by double-counting duplicate probes.
Barry Scheck
I want to note for the record Patrick Ewing is a great player.
Completely non-sequitur aside — likely an inside joke or tension-breaker mid-sidebar.
Rockne Harmon
Maybe I can have misconduct added to my tab here.
Self-deprecating joke in response to being blamed for causing the procedural problem.
Lance A. Ito
You caused this problem, you guys.
Judge Ito placing blame on counsel for the confusion requiring sidebar clarification.

Evidence (3)

Informal
DQ-Alpha and poly-marker DNA test results
discussed — Scheck questions whether DQ-Alpha has been properly disaggregated
Informal
Six DNA probes duplicative of Cellmark probes, and associated charts
challenged as misleading jury on rarity statistics
Informal
Sock evidence
referenced briefly as context for limited relevance concession

Notable Exchanges (2)

Johnnie CochranRockne HarmonLance A. Ito
Cochran deflects Ito's blame onto Harmon ('Rock did'); Harmon jokes about adding misconduct to his tab; Ito accepts the explanation and moves on.
light
Barry ScheckLance A. Ito
Scheck lays out his 352 objection regarding duplicative probe questioning inflating apparent DNA rarity; Ito notes it for the record without ruling.
procedural

Light Moments (3)

Barry Scheck
Scheck randomly declares 'Patrick Ewing is a great player' mid-sidebar for no apparent legal reason.
Rockne Harmon
Harmon jokes that misconduct should be 'added to my tab' after being blamed for causing the sidebar.
Johnnie Cochran
Cochran immediately redirects blame from himself to Harmon when Ito accuses 'you guys' of causing the problem.

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 6103 • 12 utterances
Criminal Trial
Department 103
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📂 MAY 18, 1995 📄 Sidebar: scientific articles a
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