2011.04.06 Frye Hearing Thread

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This passage is from a rational handed down in Frye v United States. After reading it I realized why the DT always refer to Dr. Vass' work as "experiments".

"Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs."
 
how do you define error rate for a comparative analysis? (ja)

logan (in short) you would use a control
 
JA: it would be nonsense to ask you what your personal error rate is?
yes.

JA: they concern measurement error rates. if you have a ruler whos smallest ruling separaton is an eight of an inch then the error rate of that is plus or minus an eight of an inch because it can't measure any more than that...

JA: is error rate applical to comparative analysis?
yes?
JA: how do you do that?

witness: accelerant in a arson case. samples that were arson and samples that were not arson.
 
JA: how can a air sample ever be taken near or by a body and not possibly have components from other elements? You can never be 100% of where the compounds came from? Is that true?

you can take one sample and divide it up between labs.
 
Hmmmm....I don't hear any objections from the Defense...what could that mean?.....that JA is waaaaaaaaay better at questioning than DCS. :)
 
logan is saying they should have sent the air sample to six different labs

((yeah in an ideal world! <----- that is my opinion))
 
JA: if two samples were placed in a sealed can. one tested and one retained. if you wanted to test if you had it right you would test the one in the can. right?
yes
JA: have you done that?
no.
 
JA - The last time you worked with gas samples was over 20 years ago? Correct?

Logan - Correct

JA seems to be on target today. Emotions in check, and clear and concise questions. I'm very pleased :)

Mel
 
Dr. Logan is making me laugh - every time JA asks him a question - he does a huge shoulder heaving sigh - as if he knows he is being led into a trap. His face is getting redder and redder.....
 
I'm trying out LDB's head holding position. It really makes this more tolerable.
 
Rut Ro...is Doc Logan's naughtiness at his job coming in now?
 
Hmmmm....I don't hear any objections from the Defense...what could that mean?.....that JA is waaaaaaaaay better at questioning than DCS. :)

20+ years of experience and plus forensics is his field of expertise...he wins hands down....
 
ICA appears bored....more big sighs from her...me thinks, she thinks this isn't going well for her....
 
<ducking into the bomb shelter cuz I hear one falling>
 
I wonder if any of these so called "experts" and "non-experts" had any clue what they were getting in to? They all seem flabbergasted, nervous and unprepared.
 
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