Sidebar: sample division

📄 Sidebar: sample division — Tuesday, May 9, 1995

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C:\DEPT103\CRIMINAL\1995\MAY\9\SIDEBAR-SAMPLE-DIVISION.DOC

TRIAL

▲ Day 70 of 167

◀ Direct examination of Dr. Robin Cotton (part 6) Return to session ▶

Date: Tuesday, May 9, 1995 • Utterances: 18

Defense attorney Peter Neufeld called a sidebar to correct a potential misimpression left by the witness's testimony — that Dr. Blake took the ten-percent DNA cuttings with him, when in fact he made the cuts but left everything at Cellmark. Neufeld also raised a preemptive objection against the prosecution asking the witness whether the defense had been invited to observe more of the testing process but declined.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

Over at the side bar.

# 3 MR. NEUFELD:

Fewer side bars here in the history of the trial and I want that to be on the record.

# 4 THE COURT:

Noted.

# 5 MR. NEUFELD:

Just a clarification. She said that Dr. Blake took the ten percent cuttings. He made the ten percent cuttings but the samples were left there and it was almost--I don't think it was deliberate, but the way--

# 6 THE COURT:

Why don't you keep your voice down.

# 7 MR. NEUFELD:

The way she said it made it sound like he took the ten percent with them, and we all know what Dr. Brake did was actually make a cut and everything was left at cellmark and maybe you can clear that up.

KEY QUOTE

# 8 MR. CLARKE:

I plan on clarifying that, but not immediately.

KEY QUOTE

# 9 MR. NEUFELD:

Right now.

# 10 THE COURT:

Why don't you clear it up right now.

# 11 MR. NEUFELD:

Okay. Thank you.

# 12 MR. NEUFELD:

Also, as an anticipatory matter, I don't believe that Mr. Clarke can ask whether they had--whether the Defense had the opportunity to stay longer. I think that the witness can only testify as to what the Defense actually did. I don't--

# 13 THE COURT:

We are not there yet.

# 14 MR. CLARKE:

Right.

# 15 MR. NEUFELD:

No, no, no, no, no, no. To elicit from this witness that the Defense was invited to watch the entire testing procedure and declined is not something that can be elicited from this witness. All that can be elicited from this witness is what the Defense actually did do while at cellmark.

# 16 THE COURT:

I don't know that.

# 17 MR. CLARKE:

I don't think we are there yet.

# 18 THE COURT:

Okay. All right.

Temperature

procedural

Key Quotes (3)

Peter Neufeld

The way she said it made it sound like he took the ten percent with them, and we all know what Dr. Blake did was actually make a cut and everything was left at cellmark.

Neufeld flags a factual misimpression about chain of custody — whether samples left Cellmark with Blake is a key evidence-handling detail.

Peter Neufeld

To elicit from this witness that the Defense was invited to watch the entire testing procedure and declined is not something that can be elicited from this witness.

Preemptive objection to anticipated prosecution framing that would imply the defense waived its right to oversight — a strategic move to limit damaging inference.

George Clarke

I plan on clarifying that, but not immediately.

Clarke acknowledges the issue but resists being directed by opposing counsel on pacing.

Evidence (1)

Informal

Ten-percent DNA cuttings made by Dr. Blake at Cellmark

discussed — clarifying that samples remained at Cellmark after Blake made cuts

Notable Exchanges (2)

Peter Neufeld•George Clarke•Lance A. Ito

Neufeld pushes Clarke to correct the witness immediately; Clarke resists; Ito sides with Neufeld and orders the clarification done now.

strategic

Peter Neufeld•Lance A. Ito

Neufeld raises an anticipatory objection about testimony regarding whether the defense declined to stay longer at Cellmark. Ito cuts him off, saying they aren't there yet.

procedural

Light Moments (1)

Peter Neufeld

Neufeld opens by noting there have been 'fewer side bars here in the history of the trial' — a sly dig at the criminal trial's notorious sidebar frequency.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5980 • 18 utterances

Criminal Trial

Department 103