Right. But I was under the understanding that a Frye hearing was for the sole purpose of questioning if 'the machinery' was an accepted way of testing. I didn't think a Frye Hearing could cover 'the results' thus obtained from 'the machinery'.
Since JP said what he did though, I guess a Frye Hearing can address 'the results' regardless of the machinery that was used to obtain them.
This is tricky.
My understanding is the purpose of a Frye hearing is to determine if evidence has been obtained by authentic scientific methods that can be duplicated and verified. This would be used for 'new' science.
It's not enough Dr. Vass says it is so. He has to show how he got these results, and at least some of it has to be based on accepted scientific method. This is not something anyone wants to drag into a trial and confuse jurors with, so all the evidence is presented in a Frye hearing to debate and decide if this is a legitimate way to obtain evidence, or if it is junk.
Polygraphs would be a good example. They are not accepted in court because it has been proven people can lie and show truth, and or tell the truth and show as lying. So while LE uses them as investigative tools, they aren't allowed in as evidence.
Baez can try to show the GCMS (or whatever) does not correctly read air sample results, or get another scientist to follow the steps of Dr. Vass and come up with different results, or prove that compounds A, B, C, and D do not equal
human decomposition, etc. Unfortunately for him, IMO, he has had an epic fail at this. While this procedure has not been used in a Florida court before, it has been used in other state's courts, to my knowledge, and also, Dr. Vass has been perfecting this process for many years, testing, retesting, and retesting the retesting, so I don't think Baez stands a snowball's chance of getting this kicked.