An Expert Opinion Is Highly Valued in a Courtroom Trial
Hearing Officer: So Mr. Expert, uh, the bottom line here is, we’re trying to determine did fermentation cause a peak in the final blood result of this sample? Based on the data here, I mean I understand what these smaller peaks are unknown we’re just stating that something did create these smaller peaks to occur in this chromatogram, but it is, you’re not certain as to what caused that, is that correct?
Expert: That is correct. Uh, I can’t say because I don’t know the identity of the two peaks. If any fermentation were to occur, and it was a fermentation that created ethanol, you could not determine that, in my opinion, from the look of this analytical data. Any ethanol counted would be included, or any, any ethanol from fermentation would be included as a count of ethanol, and the result could be both higher that it actually was.
Hearing Officer: Is that the case in this case?
Expert: I can’t tell. So I’m looking at the data, I’d have to do further tests to the blood specimen now, which did not occur at the time of the analysis.
Hearing Officer: Okay. So, at the time of the analysis, it is your opinion that the blood alcohol concentration or the ethanol that’s report is a 0.13. Is that correct?
Expert: Yes, that is correct.
If the Expert Opinion Is Inconclusive, Further Measures Can Be Taken to Proceed in a Trial
Hearing Officer: Is it your opinion that there is a possibility that if there was some type of fermentation, that the 0.13 could go down to under 0.08?
Expert: That would suggest a fermentation of 0.05% weight by volume or greater. Uh, I’m aware that the literature has suggested that that is a possibility, but given the circumstances that this vial was stored under in refrigeration, for most all the time it was in our possession and if the defendant has no serious complications or blood diseases, such as sepsis or diabetes, I would say that that is a very remote possibility.
Hearing Officer: Okay. So it is your opinion then that the reading of 0.13 that was obtained in the analysis of the sample is a good and accurate reading?
Expert: That is my current prevailing opinion and all other opinions are very remote.
Hearing Officer: Okay, alright. Counsel?
Mark Rosenfeld: Uh, nothing further, thank you.
Hearing Officer: Thank you, Expert, I really appreciate it. Thank you for your time.
Expert: Alright, thank you gentlemen.
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