📄 Sidebar: drying time — Monday, September 18, 1995
Address:
C:\DEPT103\CRIMINAL\1995\SEP\18\SIDEBAR-DRYING-TIME.DOC
TRIAL
▲ Day 156 of 167

Sidebar: drying time

Date: Monday, September 18, 1995 • Utterances: 8
Defense attorney Peter Neufeld sought clarification at sidebar on whether he could elicit testimony about the four-hour drying time used in a glove shrinkage experiment. Judge Ito firmly confirmed that drying time was specifically excluded from the allowed testimony, limiting the expert to testifying only about whether blood smearing could cause glove shrinkage.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We're over here at side bar. What's your inquiry, Mr. Neufeld?

3 MR. NEUFELD:

My recollection is, I'm precluded from going into that business where drying the plastic bag, have that shown as if it was wet, but I think I have--I was allowed to elicit that it took approximately four hours for the gloves to dry because what he's going to testify to--and that has to do with a factually present condition for the shrinkage, that he replicated the temperature and humidity for the drying conditions. That's the whole point.

4 MS. CLARK:

I thought the court was very specific. I went back over the ruling, that that was not substantially similar conditions and that's why the drying time was not, foundationally speaking, reliable and I thought that was--

5 THE COURT:

All right. Counsel, what I'm allowing is an experiment regarding whether or not smearing of blood can cause this type of shrinkage. Drying time is something specifically excluded. All right.

KEY QUOTE
6 MR. NEUFELD:

I think, your Honor, you have found that the conditions he used were substantially the same. You made a specific finding.

7 THE COURT:

And I'm telling you drying time is off limits. All right.

KEY QUOTE
8 MR. NEUFELD:

Okay.

Temperature

procedural

Key Quotes (3)

Peter Neufeld
I think I have--I was allowed to elicit that it took approximately four hours for the gloves to dry because what he's going to testify to--and that has to do with a factually present condition for the shrinkage, that he replicated the temperature and humidity for the drying conditions.
Neufeld attempts to argue the drying time is foundationally necessary to establish substantially similar conditions for the shrinkage experiment.
Lance A. Ito
What I'm allowing is an experiment regarding whether or not smearing of blood can cause this type of shrinkage. Drying time is something specifically excluded.
Ito draws a clear line — the experiment's conclusion is admissible but the drying time methodology is not.
Lance A. Ito
And I'm telling you drying time is off limits. All right.
Ito shuts down Neufeld's pushback with finality.

Evidence (2)

Informal
Glove shrinkage experiment — testing whether blood smearing causes shrinkage under replicated temperature and humidity conditions
discussed, scope limited by court ruling
Informal
Plastic bag drying demonstration (wet glove staged to appear wet)
referenced as previously excluded

Notable Exchanges (1)

Peter NeufeldLance A. Ito
Neufeld pushed back claiming the court had already found substantially similar conditions, implying drying time should be admissible. Ito acknowledged the prior finding but maintained the exclusion, cutting off further argument.
strategic

Objections

None recorded
Proceeding 7726 • 8 utterances
Criminal Trial
Department 103
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📂 SEP 18, 1995 📄 Sidebar: drying time
SEP 18, 1995 KRT DvH TD