JURY OUT OF COURTROOM -
PROFFER OF HEATHER SEUBERT BY JM:
Anolugen peak of shovel - X for female at 55 RFU's
BY JA - Does this exclude it as being from a man? It is so limited that she cannot draw any inference.
JA - OBJECTION - a result that no scientific data can be found.
JB - not asking for results or that it came from a female. If it reaches 50 threshold, then it is more than an artifact.
JA - what is the relevance of that?
JB - relevance is that DNA is there. Nothing more. This is fair game for cross examination. All he wants to elicit is that there was a portion of DNA there - nothing more.
JA - to what end? At some later point is he going to argue that it could have been amplified. Unless it is relevant to an issue...
JB - if it is irrelevant - then why is the shovel in evidence.
JA - began speaking.
HHJBP - Sit down Mr. Ashton.
JA - Fact that there is a scientifically meaningless result is not relevant and he is concerned that he is later going to argue something that is scientifically incorrect.
HHJBP - converse is that you can ask in cross.
HHJBP to Witness - Results mean what?
Witness - there is a peak.
HHJBP - Is it DNA.
Witness - considering the threshold is at 55 RFU's, it is consistent with an X at the locus. She has no other info than there is a peak. An X could possibly be from a female, could be from a male. Her conclusion does not satisfy the reporting criteria and no conclusion can be offered.
JB - Not asking for any conclusion.
HHJBP - permitting JB to ask question and State can cross.
Witness - It is a level, since not in her report, she would be speaking from a result from a table.
Jury coming back in.