2011.06.21 TRIAL Day Twenty-four (Afternoon Session)

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Following up on another poster's question, what happens if someone is impeached in court?
 
i go away to lunch, 2-hour meeting, come back, and same witness still here as morning... oh, gets to step down now... ok.
 
Is it me or does it sound like JB is about to cry? His voice is quivering.
 
3:25

Jury coming back.

RE-DIRECT EXAMINATION OF MR. EIKELENBOOM BY JB - continued

Regarding the 17 allele found at D3, in order to include someone as a match, you have to have all 13 markers, correct? No.

He did believe this was human DNA.

For exclusion, if you don't have the 17 in your profile, then you don't match.

RE-CROSS EXAMINATION BY JA

Initial DNA testing required a significant amount of blood or semen to get a profile. With advances throughout the nineties, the PCR approach became the way to do it. As that has happened, contamination has become greater. The smaller the sample, the harder it is to relate it to the crime.

In this case, if he had tested the tape - there are three possible results. The first being a finding of nothing which would not be inconsistent with the tape being placed on the victim as it could have degraded. The second possibility is that he might have found Caylee's DNA. The third option was that he found a third or unknown profile. You would then compare that to anyone who has had contact with the sample or working on crime scenes. If none of these match, then it becomes more likely that it is then crime related. With low copy number it is more common for decontamination and then you can't know where it really came from.

His demonstrative aide, none of the examples were from skeletonized remains.

No further questions.

RE-RE-DIRECT EXAMINATION BY JB

Based on what he does, the fact that none of the items were skeletonized had no bearing. The condition of the item is more important than the condition of the body.

Regarding Mr. Ashton's 3 scenarios, there could be a fourth? That the tape was not wrapped around Caylee's mouth? Correct. If the tape was placed on the nose and mouth, at the beginning there would be DNA.

Contamination - regarding his comment "you just can't ever know" - the final decision as to whether it is crime related is between the Judge and the Jury.

RE-RE-RE-CROSS BY JA:

If the tape was on the body and it was decomposing, that would increase the chance that the tape DNA would also be decomposing. If it was away from the body, the chance of degradation would be smaller. However, the environmental conditions would be a factor. It does make a difference if it is in contact with decomposing flesh.

No further questions.

SIDEBAR #6 (3:41-3:42)

Witness is excused.
 
I looove how the jPad is just sitting there with Caylee's name right in the middle and big where JA wrote it.

Thanks Jeff!
 
After all the hoopla the past few days, today seems to just drag on and on.
 
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