Hearing Officer: This is a continued APS that Mr. Rosenfeld and I started on September 3 2014, in the matter of Respondent. Their license XXX. I met that time we had opened up the hearing, introduced our documents, marked them for identification listening, then we ruled on them and marked them into evidence. We reviewed, the first was the age 21 or older officer’s statement, exhibit 2 is the blood results from the Police Department. Exhibit 3 is the temporary license, exhibit 4 was a hearing notice for a September 3, 4 a hearing notice for today October 30th of 2014. Exhibit 5 was a driver record print out. So today we’ve subpoenaed Mr. Expert from the Police Department crime lab to testify because on September 3rd, 2014, Respondent’s expert Mr. Okarocha testified to some information regarding the blood sample. So for the record, Mr. Rosenfeld, can you just introduce yourself, run this with your name and business address?
Mark Rosenfeld: Good morning, gentlemen, this is attorney Mark Rosenfeld. My office is located at 8200 Wilshire Boulevard, Suite 200 in Beverly Hills, California, 90211, phone number is 310-424-3145, thank you very much.
Hearing Officer: Alright, Mr. Expert. Identify yourself by name and title.
Expert: Yes, my name is Expert, I am a criminalist with the Police Department crime lab.
Hearing Officer: Okay, I’m gonna swear you in. Mr. Expert, do you solemnly swear or affirm that the testimony you’re about to present in this proceeding is the truth, the whole truth and nothing but the truth?
Expert: I do.
A Criminalist Is Normally an Expert in Criminology and Forensic Sciences
Hearing Officer: How long you’ve been a criminalist?
Expert: About 18 years.
Hearing Officer: What makes you qualified to be a criminalist?
Expert: I have a bachelor’s degree in chemistry and a master of science degree in forensic science.
Hearing Officer: How long you’ve been with the crime lab?
Expert: I’ve been here for about 18 years.
Hearing Officer: Okay, so you’ve been a long time with the crime lab.
Expert: Yes.
Hearing Officer: What is your opinion counsel? Are you okay with his qualifications?
Mark Rosenfeld: Yes, yes, I know Mr. Expert, he is an expert.
Hearing Officer: So Mr. Expert, what’s in question here is we have the City Police Department Forensic Science Services Division Crime Lab Toxicology Unit Blood Results for Respondent. Do you have a copy of that information?
Expert: Yes, I do.
Hearing Officer: Okay, according to this we have a result of 0.13. So when we got together with Mr. Okarocha, his testimony was that this blood sample is in violation of Title 17 guidelines. He says that the test is not reliable because of fermentation. He said, “because of the fermentation that is shown on a graph on page number 2 of the results….” Do you have page 2?
Expert: I do.
An Expert Opinion Is Needed to Either Validate or Repudiate a Claim by Either the Defendant or the Prosecutor
Hearing Officer: It says there’s, there’s 2 graphs showing here. He says, “because of the peaks in these graphs shows that there’s fermentation in the sample and therefore the sample is not reliable.” Can you give us some information in regards to the testing of the sample and what the graph is telling us?
Expert: Based on the appearance of the graphs on page 2, I see a pronounced peak and I see a pronounced internal standards peak. They are both consistent but respect retention time. That tells me that the replicate analysis is consistent, which is in accordance to Title 17 and I’m not sure what he based his opinion on, based on the graph.
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