Sidebar: sample division

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

Address:

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 • Lines: 18

At sidebar, Peter Neufeld asked George Clarke to clarify that, in Neufeld's account, Dr. Blake made the ten-percent cuttings and the samples remained at Cellmark rather than leaving with him. After Clarke said he planned to clarify later, the court directed him to do so immediately. Neufeld then argued that the witness could testify only about what the Defense actually did at Cellmark, not that the Defense had been invited to watch the entire testing procedure and 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. Brake did was actually make a cut and everything was left at cellmark and maybe you can clear that up.

Neufeld describes what he viewed as a misleading impression and requests clarification of his account that the cut was made while everything remained at Cellmark.

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.

Neufeld anticipatorily argues that the witness could describe what the Defense actually did at Cellmark, but could not say that the Defense was invited to observe the entire testing procedure and declined.

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

Peter Neufeld's account of Dr. Blake making ten-percent cuttings and the samples remaining at Cellmark

discussed — Neufeld requesting clarification of his account that Blake made the cuts and the samples remained at Cellmark

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 lines

Criminal Trial

Department 103