2011.04.08 Frye Hearing Thread

[logicalgirl]

Baez making his final argument under Frye - citing Dr. Vass's crude experiments...Mr Ashton up ...

 

[jharres]

JB: did not hear from dr. weiss because they contradict dr. vass. because dr vass unreliable. fbi guy is unreliable.

Respectfully snipped by me - It almost sounds like he is trying to argue a negative...

 

[sleutherontheside]

JB got an epic slap down and just kept going and going

 

[eaglemom]

HHJP - address indep witness if there is such a thing

 

[sleutherontheside]

JA threw in for fun a comment that NMS was Logan's lab. Sneaky and well played.

 

[Chiquita71]

HH: any such animal as a independent witness.
JB: cyber case was dr. logans lab. interesting. the defense is mistaken with error rate. the defense likes to throw around error rate like it is the number of times you get something wrong. it is taking a complex scientific process and making it too simple. misunderstanding of what frye means. they think someone else has to agree with their opinion. it has nothing to do with that.

 

[doogiesgirl]

Per JA : The DT misunderstands what Frye means.

moo

 

[shellsbells]

JJBP said "if there is such a thing as an independent witness" which I think is a really good point, it seems like anyone who doesn't agree with the end result that the DT wants is "biased" Understandable, given their task at hand, but not a convincing strategy it seems.

 

[nursebeeme]

JA saying error rates have never been a part of frye

what matters in this case is methodology..

says that logan agrees that the gcs is accepted

 

[sleutherontheside]

Judge Perry...do you have comments about an "independant expert if there is such an animal"?

SNAP

 

[gamom]

JA "Counsel is confused about WHAT Frye is!"

Darn Skippy.

 

[eaglemom]

JA - misunderstanding - Frye does not mean that someone has to agree with an expert's opinion. What matters in this issue (chloroform) that GCMS is a generally accepted method in measuring chloroform - LOgan, Furton and Vass all agree it is

 

[wenwe4]

JA - the defense doesn't understand the word "error rate" - only a process can have an error rate not a person. misunderstanding what Frye means - requries a certain number of people come to the same conclusion as the expert in question . . . counsel continues to argue as if that matters. Was the methodology used generally accepted . . .Dr Furton & Logan agree that it is. the other questions what methodology did Dr use . . . looking at the relative height of the peak in the chrmotoagram.

 

[darnudes]

Jeff Ashton explaining the peaks, which is what I wanted to hear.

 

[gelfie68]

Thank you Mr. Ashton for putting the train back on the track.

 

[Nikimama]

JB seems to really have a hard time understanding what he is trying to say himself. It's like when you are asked to talk on a subject in school and you have sort of been paying attention. You know the terminology, but have only superficial understanding of it. So you throw the terms around and they are out of context and really display how little you understand what you are talking about.

 

[ynotdivein]

JA: All that Vass did is say that the relative peak height in the chromatogram is higher than can be accounted for by decomposition...

 

[Chiquita71]

JA: the gcs is a generally accepted method, even dr. furton. what methodology did the dr. use in coming to an opinion. everyone agrees he did it by looking at the peaks. dr. furton agrees that by looking at the relative peaks you can get relative results.

Dr. furton agrees yes, look at relative hights to determine relative results. all dr. vass's opinion is is the peak is far greater than can be accounted for by chloroform. that is all he said. they agree it is an opinion you can come to, not agree on the opinion. dr. furton's work has been only on body parts. they may not have experience to agree or disagree with his conclusion but that does not stop them from coming to a conclusion. the opinion can be out of left field but that is for the jury to decide.

 

[doogiesgirl]

Per JA: All AV said is that the peak height of the chloroform in the car was was such that it cannot be accounted for by a decomp. event alone.

moo

 

[nursebeeme]

ja: it is up for the jury to decide whether the opinion is right or wrong...

frye is about the methodology with the opinion