2011.04.08 Frye Hearing Thread

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The opinion can be out of left field. JA


Just as some of JB's experts opinion fall in left field. Root growth could have been after just one week according to Bock.
 
DT, said the reason we did not hear testimony for any other Dr's was because they disagreed with Dr. Vass. Hmmm, can we assume that is the reason the DT is only submittting a couple of the various doctors who examined KC, to testify on her state of mind? The others must not have agreeded. Careful JB.....
 
JA arguing in the very simplest terms - ripping up Baez's final argument - saying Baez is arguing the wrong matter - not Frye at all.
did the expert use accepted methodology and Dr. Vass did, he attempted to quantify but the sample was way out of expected range..
 
JA they all agree that Dr Vass used generally accepted methods, they may not agree with his conclusion. this is not about whether is agreed to, correct, or common - could be out of left field and it's up to the jury to determine if it right or wrong.

Dr Vass doesn't claim to quantify this - he attempted to and there was so much chloroform there he was unable to do it. The defense has withdrawn their objection to Dr Rickenbach's confirmation of chloroform. they chose not to call Rickenback etal and the defense said they didn't want. Dr Weiss was available and defense chose not to call them. Defense didn't enter their testimony in evidence.
 
OMG! JA just said Dr. Vass attemped to quantify but there was so much chloroform it couldn't be done!
 
I love it! JA said the defense helped argue that the science is good!
 
dr. vass testified he tried to quantify but the levels were too high. the defense has withdrawn their problem with rickenbok. they have chosen not to call weiss, rickenbok and sigmond. all of those people were available to them. JB says, we don't want them. defense chose not to call, that's fine. Frye cannot be established by the bare assertion of a person. we have provided you with additional witnesses that agree. we are all in agreement. the state has met is burden of the general acceptance.
 
Actually the defense has provided you with additional witnesses that agree. Thank you JA
 
no requirement that more than one expert argue on Frye - when you boil it down to the actual issue, we are all in agreement.
 
JA the state has met it burden of general acceptance of methodology . . . other vague . . in this motion on the issue of relevance - it's a little early .

The jury should be permitted to decide about Dr. Vass, no matter how many times he screams that he is not a chemist - the jury should decide.
 
lol...ICA picking at her nails whilst Mr Ashton is talking - does not seem interested, she is still in that "other" world.
 
Young Mr. Slabaugh looks a bit green about the gills....probably thinking he went to work for the wrong law firm.
 
JB: I would hope this court takes MY word that we are NOT in agreement with what the State just argued...

Saying DT does not agree in any way shape or form with any of the methods used by Dr. Vass...
 
JB - I would hope that this court takes my word - That we are not in agreement.
 
HHJP: Any brief rebuttal Mr. Baez?
JB: Yes Judge....I want to make it clear that we do not agree at all. (paraphrase)
 
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