Jayelles said:
Could you post the quote to this to see his remarks in context?
Please note that he says he couldn't say if they were stun gun marks when looking at the NBC photographs but says they could have been but he could not authenticate the photos. Later on in his depo it is pointed out that although he did not rely on these photos because they could not be authenticated he still uses those photos to create his report. So which is it: either he could use the photos are not? He included them in his report.
12 Q. What you were shown was not, as you
13 described it, you had difficulty making any
14 sense out of what they showed you on NBC?
15 A. Yes. They showed me some cropped
16 video presentations of what were alleged to be
17 some new evidence or new photographs that had
18 not yet been seen, I think maybe from Mr.
19 Smit's collection. And they wanted to know if
20 I thought they looked like stun gun marks on
21 these photographs that they presented on a
22 monitor.
Now, they had other photographs
23 around, but the ones that they wanted me to
24 comment on and which they took my video
25 deposition, essentially, was based on some
00057
1 electronically presented photographic material
2 that were some spots that they wished to know
3 if I thought they looked like stun gun marks.
4 And I, in the brief time that I was
5 on there, I said that I really --
6 Q. Couldn't say?
7 A. -- couldn't say.
8 Q. Could have been stun gun marks?
9 A. Yeah, might have been.
10 Q. You were not in a position to --
11 A. Might have been.
12 Q. Might have been?
13 A. Might have been. Couldn't say.
14 Q. In fact, the marks on JonBenet's
15 back, as you state in your written notes here
16 that are part of Defendants' Exhibit 6, could
17 have been made by, your words, a conventional
18 sharp pointed stun gun, true?
19 A. Possible, yeah.
20 Q. (By Mr. Wood) Look at your Rule 26
21 report for me. The introduction page, probably
22 the third page, Expert Witness Report, February
23 26 2002. Do you see it?
24 A. Yes.
25 Q. "Counsel for the plaintiff Chris Wolf
00061
1 in the above case has retained me as an expert
2 witness. I have been asked to examine the
3 12/27/96 Boulder County Coroner's Autopsy Report
4 of JonBenet Ramsey along" --
5 And I assume "with" was meant to be
6 in there.
7 A. Yeah, the --
8 Q. It says "along the," but it should
9 say "along with the PowerPoint presentation of
10 Detective Lou Smit."
11 Have I read that correctly?
12 A. Yes.
13 Q. You have never reviewed the
14 PowerPoint presentation of Detective Lou Smit;
15 have you, sir?
16 A. Not in any form that I could attest
17 to its authenticity.
18 Q. Page 3 of your statement in your
19 Rule 26.
20 A. Page 3? Yeah. Go ahead.
21 Q. It says under Opinion:
22 I have reached the following opinion:
23 A comprehensive examination and review of
24 JonBenet's autopsy report and Detective Lou
25 Smit's PowerPoint presentation.
00062
1 Let me ask you again -- Mr. Smit's
2 PowerPoint presentation is on CD-ROM -- you have
3 never seen it; have you?
4 A. I never have seen this. I have
5 never had the CD-ROM in my possession.
6 Q. No, sir. You never have seen his
7 PowerPoint presentation. That is the truth;
8 isn't it, sir?
9 A. No. I have seen things that were
10 represented as his PowerPoint presentation.
11 Q. By whom? Represented by whom?
12 A. By NBC, by lines on the internet, by
13 websites that traffic in this information. It
14 is wherever you want to look you can find this
15 stuff.
16 Q. You have never seen the digital
17 crime scene photographs as they exist in Lou
18 Smit's PowerPoint presentation, that generation
19 of photograph with that level of clarity; you
20 have never seen them, have you, sir?
21 A. My recollection is that the NBC
22 network claimed that that's what they had.
23 Q. They had a video image from the
24 television show?
25 A. They had a video image from Lou
00063
1 Smit's PowerPoint presentation.
2 Q. And you are just not comfortable
3 sitting around and giving an expert opinion
4 based on photographs that you don't really
5 yourself have any level of comfort with in terms
6 of knowing if they are authentic or not; do
7 you, sir?
8 A. That is right. But I have a
9 tremendous amount of reliance on the autopsy
10 report.