WEBVTT

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<v Speaker 1>Full trial audio everything hurting court no silences to skip.

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<v Speaker 2>Good morning you run America see yes please you want

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<v Speaker 2>to before the court today. We have the matter of

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<v Speaker 2>Commonwealth versus Lindsay Clancy. Miss Clancy is present. She is

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<v Speaker 2>represented by Attorney Kevin Runnington. The Commonwealth is represented by

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<v Speaker 2>Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shannon Buckingham.

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<v Speaker 1>All right, well, good morning council, Good morning, miss Clancy.

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<v Speaker 1>All right, before we bring the jury, could I speak

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<v Speaker 1>to the council.

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<v Speaker 3>Just for a couple of minutes day.

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<v Speaker 4>Hey, hey, before the Honorable William.

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<v Speaker 1>Sullivan just saying.

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<v Speaker 5>Tennis Shelby.

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<v Speaker 4>Your say of Massachusetts is closed session.

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<v Speaker 6>Yes, want to before the court today.

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<v Speaker 2>We have the continuation of the Jerry Trial and the

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<v Speaker 2>matter of Commonwealth versus Lindsay Clancy. Miss Clancy is present.

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<v Speaker 2>She is represented by Attorney Kevin Runnington. The Commonwealth is

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<v Speaker 2>represented by Assistant District Attorney Jennafus Fragg and Assistant District

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<v Speaker 2>Attorney Shannon Buckingham.

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<v Speaker 1>All right, well, good morning again, nice to see everyone,

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<v Speaker 1>Thank you for being here. What we're going to do,

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<v Speaker 1>They're going to ask you those questions again, and then

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<v Speaker 1>we'll go over to the schedule. We forget we are

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<v Speaker 1>not you are not sitting there, okay, and that's not going.

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<v Speaker 7>To change, so you can count on that.

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<v Speaker 1>So let me ask you that at this point, is

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<v Speaker 1>any member of the jury red seat heard or over

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<v Speaker 1>anything from any source about any aspect of this case

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<v Speaker 1>that would affect your ability to be fear and impartial

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<v Speaker 1>as a juror. Next, is there any other serious matter

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<v Speaker 1>of concern bearing on your service as a juror in

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<v Speaker 1>this case anybody needs to bring.

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<v Speaker 7>To my attention?

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<v Speaker 1>Great, thank you again for following those instructions. And what

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<v Speaker 1>we're going to do is we're going to return to

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<v Speaker 1>the car I'm Well's case. Uh and like I said,

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<v Speaker 1>we are not uh gonna be You're not going to

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<v Speaker 1>be sitting this afternoon. The plan, and I'll double check

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<v Speaker 1>who we get to that point, would be to return

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<v Speaker 1>tomorrow at nine o'clock, uh, and pretty much uh, relatively

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<v Speaker 1>full day tomorrow and probably Friday as well. But I'll

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<v Speaker 1>double check as we go through that, all right, uh,

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<v Speaker 1>And I'll let you know as soon as I can.

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<v Speaker 7>If there's any changes to that schedule.

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<v Speaker 1>So with that, I'm going to ask the car well

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<v Speaker 1>to call their next witness.

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<v Speaker 2>Come up.

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<v Speaker 5>The calls eton degree.

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<v Speaker 8>Well, lots of stuff.

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<v Speaker 6>Please see.

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<v Speaker 3>All right, good morning, sir, Good morning, sir.

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<v Speaker 1>I just asked you to speak into that microphone.

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<v Speaker 7>Sure, all right, Bucky, please thank you.

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<v Speaker 6>Good morning, sir, Good morning. Could you please all the

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<v Speaker 6>jersey your first and last name.

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<v Speaker 7>My first name is Aton, last name is Negri.

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<v Speaker 6>Can you spell your first name for the record, E I,

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<v Speaker 6>T A N and your last name.

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<v Speaker 8>N E G R I.

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<v Speaker 6>And what do you do for work?

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<v Speaker 9>I'm a physician associate physician assistant.

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<v Speaker 6>And did you go to school for that yes? Can

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<v Speaker 6>you tell us about your educational background.

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<v Speaker 9>I did my undergraduate at City College in New York

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<v Speaker 9>and I did a post back at Brooklyn College, followed

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<v Speaker 9>by a pay program at Tory University in Manhattan.

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<v Speaker 10>And do you.

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<v Speaker 6>Currently work as a physician's assistant?

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<v Speaker 8>Yes?

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<v Speaker 6>And do you work currently work in the state of Massachusetts?

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<v Speaker 7>No, ma'am.

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<v Speaker 6>Are you licensed in the state of Massachusetts?

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<v Speaker 10>Yes?

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<v Speaker 6>At your licensed in any other states?

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<v Speaker 7>New York state.

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<v Speaker 6>I'm going to go back to January of twenty twenty three.

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<v Speaker 6>Were you working in Massachusetts then?

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<v Speaker 2>Yes?

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<v Speaker 6>And where were you.

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<v Speaker 7>Working Brigham and Women's Hospital.

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<v Speaker 6>And were you in that sam role as a physician's assistant.

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<v Speaker 7>Yes?

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<v Speaker 6>And what were you doing? What were your general duties

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<v Speaker 6>in that role working at Bergham and Women's.

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<v Speaker 9>Generally, you assess a patient, you diagnose, you formulate a

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<v Speaker 9>plan with an attending physician, and you execute that plan

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<v Speaker 9>throughout the day and encompasses various things.

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<v Speaker 6>Were you working in any particular department at Bergham and

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<v Speaker 6>Women's back in January of twenty twenty.

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<v Speaker 7>Three the Trauma Burne Surgical ICU.

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<v Speaker 6>Now, I'm gonna draw your attention to a particular patient

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<v Speaker 6>that came into the Brigham and Women's Hospital on January

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<v Speaker 6>twenty fourth of twenty twenty three. That patient was Lindsay Clancy.

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<v Speaker 6>Do you recall encountering this patient on January twenty fifth

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<v Speaker 6>of twenty twenty three?

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<v Speaker 3>Yes?

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<v Speaker 6>And what did you do as it pertained to the

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<v Speaker 6>care and treatment of this patient?

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<v Speaker 9>I received the information from the shift before me, formulated

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<v Speaker 9>a plan, examined her, assessed her staff, that plan with

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<v Speaker 9>the attending physician, and executed that plan throughout the day.

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<v Speaker 6>And fair to say, this particular patient had injuries that

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<v Speaker 6>you were directed to. You observe, review, form that plan

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<v Speaker 6>on correct What were the injuries?

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<v Speaker 9>She had multiple injuries, The most acute were injuries that

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<v Speaker 9>were requiring consultation with other services. And the ones that

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<v Speaker 9>I directly managed were the lacerations to her risks and

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<v Speaker 9>her just to risks.

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<v Speaker 6>Actually, And as far as when you say she had

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<v Speaker 6>other acute injuries, you were not involved in the care

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<v Speaker 6>of her for those, correct.

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<v Speaker 9>I was involved in the care that involved consulting other

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<v Speaker 9>services to manage those.

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<v Speaker 8>Things, yes, okay.

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<v Speaker 6>And as far as any sort of repair work that

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<v Speaker 6>you were doing as a physician's assistant working with the

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<v Speaker 6>trauma surgeons, what repair work were you assigned to do?

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<v Speaker 7>Laceration repair?

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<v Speaker 6>And on this particular patient, where were the injuries or

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<v Speaker 6>lacerations that you were going to repair.

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<v Speaker 9>She had multiple lacerations on both of her wrists. She

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<v Speaker 9>had superficial on her neck which I did not repair.

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<v Speaker 6>And as it pertained to the risks, did you go

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<v Speaker 6>through that process of observing, reviewing, coming up with the plan,

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<v Speaker 6>and then repairing those injuries?

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<v Speaker 3>Yes?

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<v Speaker 6>And were you directed to do that by any particular doctor.

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<v Speaker 7>Not necessarily directed.

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<v Speaker 9>A lot of those things fall within my scope, and

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<v Speaker 9>since they were less acute, they kind of filled down

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<v Speaker 9>the chain to me.

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<v Speaker 6>Okay, and you're aware that she was being seen and

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<v Speaker 6>treated by a host of other doctors, nurses, an entire team. Yes,

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<v Speaker 6>as it pertains to the risk injuries, what did you

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<v Speaker 6>do to examine those those areas?

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<v Speaker 7>The first thing I do is assess the location.

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<v Speaker 9>Then I assessed the severity whether it requires intervention by

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<v Speaker 9>someone other than myself. And this is instance it did not,

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<v Speaker 9>so that I proceed with just kind of protocol laceration repair.

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<v Speaker 6>Where when would it be a situation where you'd need

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<v Speaker 6>somebody else to intervene if.

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<v Speaker 9>It required surgical intervention or suture and repair beyond my

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<v Speaker 9>skill set?

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<v Speaker 7>In this instance, it did not, okay.

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<v Speaker 6>And so referring to these particular injuries, when you observe them,

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<v Speaker 6>did you observe any areas of active bleeding?

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<v Speaker 8>No?

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<v Speaker 6>And fair to say they had been treated by nurses

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<v Speaker 6>and other staff prior to you encountering these injuries.

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<v Speaker 9>Correct, Yes, they were dressed and covered before I got there.

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<v Speaker 6>Now, when you assessed them, you noted that they were bilateral. Correct, Yes,

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<v Speaker 6>what does that mean?

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<v Speaker 9>It means on both sides of the body, So both

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<v Speaker 9>risks okay.

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<v Speaker 6>And so referring to the right wrist, what were your

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<v Speaker 6>observations of the injuries to the right wrist?

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<v Speaker 9>The right wrist as far as my reference to the

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<v Speaker 9>note is that she had a few lacerations, one of

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<v Speaker 9>which was severe and deep enough to repair, and fare.

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<v Speaker 6>To say that that right wrist injury was the one

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<v Speaker 6>that you repaired, was three centimeters deep approximately.

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<v Speaker 9>If that's what my note says, then that's that's what it.

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<v Speaker 8>Was, okay.

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<v Speaker 6>And on a wrist or this area of the risk

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<v Speaker 6>where you observe the injuries that depth of three centimeters

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<v Speaker 6>did that require further surgical intervention or were you able

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<v Speaker 6>to suture that area?

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<v Speaker 7>I was able to future that area.

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<v Speaker 9>As far as what happened subsequent to that, I wasn't there,

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<v Speaker 9>so I'm not sure, okay.

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<v Speaker 6>And how many sutures did you use to repair that injury?

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<v Speaker 7>I believe three?

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<v Speaker 6>And in relation to any other cuts or lacerations that

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<v Speaker 6>were on that right wrist, did any other of those

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<v Speaker 6>lacerations require suturing?

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<v Speaker 8>No?

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<v Speaker 6>How did you treat those other injuries.

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<v Speaker 9>Just irrigation meaning cleaning them out and then using the

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<v Speaker 9>type of tape to close them shut.

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<v Speaker 6>And that's generally referred to as a stary strip. Correct.

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<v Speaker 3>Correct.

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<v Speaker 6>They approached thelitness.

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<v Speaker 5>Showing you two photographs.

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<v Speaker 6>Those photographs depict the repairs of the sutures that you

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<v Speaker 6>did on the right wrist, and Lindsay Clancy I've.

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<v Speaker 7>Mentioned may be admitted.

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<v Speaker 6>And I'm just gonna show on the screen which now

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<v Speaker 6>been marked is exhibit to zero one and you should

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<v Speaker 6>be able to see it, sir, on the screen in

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<v Speaker 6>front of you. Can you see that?

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<v Speaker 3>Yes? Okay?

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<v Speaker 5>And so this is the right rist correct?

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<v Speaker 7>Correct?

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<v Speaker 5>And those black lines in the middle of the photograph.

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<v Speaker 6>Are those of the sutures that you did. Correct And

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<v Speaker 6>just showing you QO two Exhibit KO two. These white

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<v Speaker 6>strips that are all around the injury are those the

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<v Speaker 6>starry strips correct. Now on the left wrist, do you

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<v Speaker 6>recall what the observed to be the injuries on that wrist?

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<v Speaker 7>I believe there was a similar.

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<v Speaker 9>Laceration, just shorter in length that required fewer features.

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<v Speaker 6>And fair to say if your notes reflect that the

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<v Speaker 6>left wrist one had one meaning just a singular two

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<v Speaker 6>centimeter deep linear cut, that that would have been what

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<v Speaker 6>your observations were of the injury that you repaired. And

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<v Speaker 6>how many sutures did that injury require? And were there

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<v Speaker 6>other areas that you observed that had some sort of

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<v Speaker 6>laceration I.

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<v Speaker 9>Believe similarly just superficial ones that needed stereous trips.

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<v Speaker 6>And again in treating this particular injury when you came

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<v Speaker 6>upon it was their active bleeding or any concern that

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<v Speaker 6>you needed more intervention other than.

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<v Speaker 7>A suture at that time, no, show.

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<v Speaker 6>That's familiar to you. Yes, And are those the future

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<v Speaker 6>that you did on the left wrist of Lindsay.

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<v Speaker 1>Right be admitted or they may be admitted, thank you.

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<v Speaker 6>And now again just showing what's been now marked is

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<v Speaker 6>exhibit to zero three and you see the injury there

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<v Speaker 6>and on the risk near the ruler in the photograph. Yes,

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<v Speaker 6>And Exhibit two O four, which is just a closer

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<v Speaker 6>upshot of that is that crack? Yes, and again you

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<v Speaker 6>see the white strips. Those are also starry strips that

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<v Speaker 6>were applied.

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<v Speaker 8>Correct.

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<v Speaker 6>Now in relation to any of these ones on the

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<v Speaker 6>right or the left wrist, did you observe the lacerations

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<v Speaker 6>to go any deeper than the subcutaneous tissue.

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<v Speaker 7>On my observation?

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<v Speaker 6>Now, and when we talk sub cutaneous tissue, we're talking

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<v Speaker 6>about that fatty tissue on your underneath your skin? Correct?

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<v Speaker 7>Correct?

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<v Speaker 6>And did you have to return at any point to

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<v Speaker 6>your knowledge to readdress these issues or do any further

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<v Speaker 6>laceration orpair as it pertained to this patient on that shift. No,

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<v Speaker 6>do you recall if you did on any other shift?

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<v Speaker 7>No, have no further questions.

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<v Speaker 6>Thank you.

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<v Speaker 3>It's is it, mister Negri?

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<v Speaker 7>Agree, yes, sir?

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<v Speaker 3>And you're not a doctor a physician assistant? Is that

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<v Speaker 3>what it is?

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<v Speaker 8>That's correct?

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<v Speaker 3>Okay?

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<v Speaker 4>And how long had you worked for Brigham and Women's

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<v Speaker 4>prior to seeing Lindsay Clancy that on January twenty four,

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<v Speaker 4>twenty three.

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<v Speaker 9>I believe I was in my second year of employment

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<v Speaker 9>with Briga my Women's.

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<v Speaker 3>Okay, And you got to keep your voice up because people.

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<v Speaker 9>Back here have to be able to believe I was

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<v Speaker 9>in my second year of employment and bring them with Women's.

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<v Speaker 4>You're not suggesting for one minute that after you did

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<v Speaker 4>your butterfly stitches, Lindsay could have got up and walked

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<v Speaker 4>out the.

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<v Speaker 3>Door of the hospital, right, no, sir.

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<v Speaker 4>And would you agree with me that, in fact, she

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<v Speaker 4>was critically ill when you saw her, right yes, sir?

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<v Speaker 4>And she certainly wasn't critically ill from COVID or a

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<v Speaker 4>flu or something like that, right, like, good morning, sir,

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<v Speaker 4>thank you.

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<v Speaker 6>Good morning, good morning. Could you please tell the Jersier

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<v Speaker 6>first and last.

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<v Speaker 11>Name, It's Nicholas Roberts And where do you currently work.

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<v Speaker 11>I work for a company called Thermo Fisher.

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<v Speaker 6>What is that?

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<v Speaker 10>What do they do?

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<v Speaker 11>They sell plenty of laboratory based products, including refrigeration, They

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<v Speaker 11>sell solvents, They do instruments as well.

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<v Speaker 6>Prior to working for that company, did you work for

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<v Speaker 6>the Massachusettstate Police Crime Lab?

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<v Speaker 8>I did?

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<v Speaker 6>In What unit did you work for the crime lab?

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<v Speaker 8>I was in the toxicology unit.

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<v Speaker 6>How long did you work for the crime lab?

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<v Speaker 8>For about nine years?

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<v Speaker 6>And in working for the crime lab, what kind of

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<v Speaker 6>training and experience did you have to work in the

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<v Speaker 6>toxicology unit?

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<v Speaker 11>So, prior to being hired, I have both a bachelor's

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<v Speaker 11>and a master's degree in applied forensic science sort of

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<v Speaker 11>concentration in chemistry and toxicology. I also have the masters

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<v Speaker 11>is in forensic toxicology.

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<v Speaker 8>While being hired.

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<v Speaker 11>On the job, they provide training for all the in

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<v Speaker 11>house stuff that we test for, which includes not only

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<v Speaker 11>a theory based training, but also practical stuff so that

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<v Speaker 11>you can analyze and run all the tests that we

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<v Speaker 11>do in house.

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<v Speaker 6>And as far as your work in the toxicology unit,

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<v Speaker 6>for to say, in January of twenty twenty three or

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<v Speaker 6>February of twenty twenty three, you were what's referred to

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<v Speaker 6>as a forensic scientist too, correct. Yes, And throughout your

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<v Speaker 6>time at the Massachusetts State Police Crime Lab, did you

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<v Speaker 6>have to undergo competency tests and proficiency tests?

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<v Speaker 3>Yes?

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<v Speaker 6>And why is that? Why do you have to do that?

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<v Speaker 8>So mainly it's the.

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<v Speaker 3>I don't get one, Okay, I'm just saying I know

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<v Speaker 3>he's qualified.

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<v Speaker 4>I have no problem with his credentials and his testimony.

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<v Speaker 6>Council, thank you, sir. In working at the State Police

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<v Speaker 6>Crime Lab, did you just work in the toxicology unit

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<v Speaker 6>or did you work in any other units in your

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<v Speaker 6>time there?

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<v Speaker 8>No, only in toxicology.

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00:15:27.200 --> 00:15:27.519
<v Speaker 7>Okay.

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<v Speaker 6>Now, as it pertains to the toxicology unit, I'm fair

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<v Speaker 6>to say the State Police Crime Lab has a specific

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<v Speaker 6>set of protocols and procedures that are followed in every case.

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<v Speaker 8>Ah.

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<v Speaker 6>Yes, And at that time, in February of twenty twenty three,

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<v Speaker 6>was the State Police Crime lab using the batch review process. Yes,

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<v Speaker 6>and so when the state police use this process, there

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<v Speaker 6>are a number of different technicians or forensic scientists that

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00:15:54.279 --> 00:15:55.720
<v Speaker 6>work on any given case.

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00:15:55.879 --> 00:15:57.080
<v Speaker 8>Is that fair to say yes?

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<v Speaker 6>And at the end of it, one analyst is respect

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00:16:00.039 --> 00:16:03.360
<v Speaker 6>possible for reviewing all the data and authoring or report.

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00:16:03.919 --> 00:16:04.240
<v Speaker 3>Yes?

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<v Speaker 6>And based on your training experience, if you're that person

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<v Speaker 6>reviewing the data and authoring and the report, do you

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<v Speaker 6>have the ability to interpret some of the data in

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<v Speaker 6>the report?

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00:16:12.799 --> 00:16:13.159
<v Speaker 8>Yes?

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<v Speaker 6>Or data in the testing, I should say.

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<v Speaker 11>Ah, Yes, we review all the data that is provided

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<v Speaker 11>within the case file.

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<v Speaker 6>And did you, during your time at the crime lab.

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<v Speaker 6>In the toxicology unit stay up to date on various

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<v Speaker 6>types of drugs and quantifications of those drugs and what

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00:16:30.919 --> 00:16:36.639
<v Speaker 6>that could mean for levels in a person's blood or urine.

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00:16:37.720 --> 00:16:41.200
<v Speaker 11>Yes, they keep us up to date on drugs that

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00:16:41.279 --> 00:16:42.120
<v Speaker 11>are commonly used.

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00:16:44.519 --> 00:16:48.080
<v Speaker 6>So one of the roles in the toxicology unit is

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<v Speaker 6>for you to report whether substances are detected in blood

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00:16:53.200 --> 00:16:54.360
<v Speaker 6>in urine. Is that fair to say?

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<v Speaker 3>Yes?

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00:16:55.080 --> 00:16:57.799
<v Speaker 6>And at some point are you also called on to

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00:16:57.879 --> 00:17:01.559
<v Speaker 6>interpret interpret the levels?

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00:17:02.840 --> 00:17:06.440
<v Speaker 11>So we in blood we report values, so we get

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<v Speaker 11>concentrations of the different drugs that we mainly report them

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<v Speaker 11>in blood and as far as.

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<v Speaker 6>The concentration levels themselves, did you have training and experience

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<v Speaker 6>on interpreting those levels?

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00:17:18.440 --> 00:17:22.640
<v Speaker 11>We usually get training on the effects of the drugs.

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00:17:23.279 --> 00:17:24.519
<v Speaker 8>It's hard to say with some.

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00:17:26.400 --> 00:17:29.440
<v Speaker 11>With some drugs as well as some people, what one

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00:17:29.519 --> 00:17:32.079
<v Speaker 11>level might mean for one person. It might differ and

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<v Speaker 11>you have different effects on another.

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<v Speaker 6>Okay, I'm fair to say that's a limitation of just

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00:17:37.160 --> 00:17:40.000
<v Speaker 6>reviewing blood and not knowing anything else about.

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<v Speaker 8>A case, right that.

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<v Speaker 6>Yes, at the toxicology unit, at the crime level, is

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00:17:49.519 --> 00:17:52.519
<v Speaker 6>there a limitation as to how or what types of

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00:17:52.599 --> 00:17:57.359
<v Speaker 6>drugs can actually be quantified or given concentration levels? Ah?

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00:17:57.440 --> 00:18:00.680
<v Speaker 8>Yes, we only quantify and drugs.

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<v Speaker 6>And what happens if there are other drugs present and

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00:18:03.160 --> 00:18:06.200
<v Speaker 6>there's a request for quantification or concentration levels, what does

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00:18:06.240 --> 00:18:07.000
<v Speaker 6>your lab do with that?

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00:18:07.480 --> 00:18:10.279
<v Speaker 8>Usually there sends out another lab in order for testing.

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00:18:10.680 --> 00:18:13.160
<v Speaker 6>And are you familiar with the NMS lab?

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00:18:13.519 --> 00:18:13.920
<v Speaker 3>Yes?

364
00:18:14.079 --> 00:18:16.720
<v Speaker 6>Is that or was that at that time a common

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00:18:16.799 --> 00:18:19.400
<v Speaker 6>lab that would be sent drugs that you could not

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<v Speaker 6>quantify in your lab.

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00:18:20.880 --> 00:18:21.079
<v Speaker 3>Ah?

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<v Speaker 8>Yes, I'm going to.

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<v Speaker 6>Direct your attention to the lab number of twenty three

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<v Speaker 6>DASH zero one excuse me, zero one seven two three.

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<v Speaker 6>It's a case that you were the reporting analyst on

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<v Speaker 6>correct Yes, and fair to say that there were several

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<v Speaker 6>items that were submitted to the toxicology unit as specimens, yes,

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<v Speaker 6>including blood, plasma, and urine.

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<v Speaker 3>Yes.

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00:18:52.720 --> 00:18:55.519
<v Speaker 6>And did you work with other members of the toxicology

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00:18:55.640 --> 00:19:01.480
<v Speaker 6>unit to have that those sub those speciman's screened and

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00:19:01.519 --> 00:19:02.640
<v Speaker 6>then further tested?

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00:19:03.279 --> 00:19:03.440
<v Speaker 3>Ah?

380
00:19:03.519 --> 00:19:06.039
<v Speaker 8>Yes, the batch process was followed.

381
00:19:06.519 --> 00:19:09.119
<v Speaker 6>And as far as any screening test, did you yourself

382
00:19:09.160 --> 00:19:11.000
<v Speaker 6>do any screening tests on these items?

383
00:19:11.640 --> 00:19:12.000
<v Speaker 3>Yes?

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00:19:12.119 --> 00:19:12.920
<v Speaker 6>What screening test?

385
00:19:12.960 --> 00:19:16.559
<v Speaker 8>Did you do? The screening for the alcohol and was there.

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00:19:16.400 --> 00:19:20.319
<v Speaker 6>Any alcohol present? And in this screening for alcohol, does

387
00:19:20.359 --> 00:19:23.799
<v Speaker 6>it just tell you whether it was detected or not detected? Yes,

388
00:19:24.480 --> 00:19:26.720
<v Speaker 6>and so when you don't have a result, there's nothing

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00:19:26.720 --> 00:19:30.839
<v Speaker 6>further to do. Correct Now. As far as the blood

390
00:19:31.200 --> 00:19:35.759
<v Speaker 6>that was tested in this case in the urine, you

391
00:19:36.119 --> 00:19:40.960
<v Speaker 6>were aware that there were tests, screening tests done for

392
00:19:41.160 --> 00:19:45.559
<v Speaker 6>what's called the elizas screen, benzodiazepines and general unknown screens

393
00:19:45.599 --> 00:19:46.400
<v Speaker 6>for these samples.

394
00:19:46.440 --> 00:19:46.799
<v Speaker 3>Correct.

395
00:19:47.000 --> 00:19:48.359
<v Speaker 8>Yes, that's usually a protocol.

396
00:19:48.880 --> 00:19:53.480
<v Speaker 6>And in any of the circumstances, were there positive results yes?

397
00:19:54.079 --> 00:19:58.079
<v Speaker 6>And as it pertained to the positive results, what's your

398
00:19:58.160 --> 00:19:59.839
<v Speaker 6>understanding of what was positive.

399
00:20:00.480 --> 00:20:03.759
<v Speaker 11>Uh So, to my knowledge, it was positive for the

400
00:20:03.799 --> 00:20:06.920
<v Speaker 11>benzodae as a beam panel in Eliza that would have

401
00:20:06.960 --> 00:20:10.079
<v Speaker 11>gotten further confirmatory testing done on it to see the

402
00:20:10.200 --> 00:20:13.720
<v Speaker 11>levels as well as the individual types of benzos that

403
00:20:13.759 --> 00:20:14.920
<v Speaker 11>were present in the blood.

404
00:20:16.799 --> 00:20:19.000
<v Speaker 8>And the same was for the urine as well.

405
00:20:19.640 --> 00:20:24.279
<v Speaker 11>We also identified a few substances via our general unknown

406
00:20:24.319 --> 00:20:26.920
<v Speaker 11>screen which was confirmed in blood and urine.

407
00:20:27.599 --> 00:20:30.440
<v Speaker 6>As far as is your agreement as to.

408
00:20:32.880 --> 00:20:36.039
<v Speaker 1>Yes, whose blood is being tested at this point, just

409
00:20:36.039 --> 00:20:40.440
<v Speaker 1>by the number, yes, it may be easier for everybody

410
00:20:40.759 --> 00:20:41.720
<v Speaker 1>for the true to follow.

411
00:20:45.440 --> 00:20:47.640
<v Speaker 6>So would youonna just like you to read the results?

412
00:20:48.640 --> 00:20:53.440
<v Speaker 7>No, just instead of referring to it by a number. Well,

413
00:20:53.480 --> 00:20:53.960
<v Speaker 7>let me see it.

414
00:20:54.000 --> 00:21:02.240
<v Speaker 6>Sid, I tell you that your report was previously enters

415
00:21:02.400 --> 00:21:05.000
<v Speaker 6>as Exhibit one eighty three. Have you had the opportunity

416
00:21:05.000 --> 00:21:08.079
<v Speaker 6>to review report before coming today. Yes, And so the

417
00:21:08.119 --> 00:21:10.480
<v Speaker 6>lab number that we've been referring to, you're aware that

418
00:21:10.640 --> 00:21:15.119
<v Speaker 6>the person associated with that lab number was actually a

419
00:21:15.119 --> 00:21:18.839
<v Speaker 6>woman by the name of Lindsay Clancy. Yes, okay, Now,

420
00:21:18.880 --> 00:21:21.839
<v Speaker 6>as far as the testing that was done, you receive

421
00:21:21.960 --> 00:21:26.559
<v Speaker 6>results to the positive benzidiazepines in the screen, and then

422
00:21:26.599 --> 00:21:27.720
<v Speaker 6>it was confirmed correct?

423
00:21:28.359 --> 00:21:28.759
<v Speaker 3>Correct?

424
00:21:28.759 --> 00:21:30.599
<v Speaker 6>How many benzodiazepines were present?

425
00:21:31.960 --> 00:21:32.920
<v Speaker 3>There were.

426
00:21:34.519 --> 00:21:36.279
<v Speaker 8>At least four or five okay?

427
00:21:36.640 --> 00:21:40.039
<v Speaker 6>And were you able to get concentration levels from the

428
00:21:40.079 --> 00:21:45.720
<v Speaker 6>blood samples after that screen and the confirmatory tests?

429
00:21:45.920 --> 00:21:46.759
<v Speaker 8>Yes?

430
00:21:46.839 --> 00:21:52.920
<v Speaker 6>And again already in evidence. But the toxicology report for

431
00:21:53.400 --> 00:21:56.640
<v Speaker 6>item ten dash one zero one on the blood with

432
00:21:56.680 --> 00:22:06.640
<v Speaker 6>those benzodiazepines, there's diazepam correct, noro diazepam yes, oxazapam, tamasa

433
00:22:06.680 --> 00:22:10.680
<v Speaker 6>pam yes, and lazy. And as far as your review

434
00:22:10.960 --> 00:22:15.759
<v Speaker 6>of the testing on those substances and the concentration levels,

435
00:22:16.559 --> 00:22:20.319
<v Speaker 6>did anything about any of those levels stand out to

436
00:22:20.480 --> 00:22:24.160
<v Speaker 6>you as far as based on your training and experience, uh?

437
00:22:24.319 --> 00:22:25.680
<v Speaker 8>Only that they were reportable?

438
00:22:26.160 --> 00:22:30.680
<v Speaker 6>Okay. Are you familiar whether they're in any sort of

439
00:22:30.799 --> 00:22:33.319
<v Speaker 6>therapeutic level for any of those drugs?

440
00:22:33.680 --> 00:22:35.000
<v Speaker 8>I'm not sure Okay.

441
00:22:38.039 --> 00:22:43.200
<v Speaker 6>You mentioned there were also other substances that were detected

442
00:22:43.240 --> 00:22:46.240
<v Speaker 6>in the general unknown screen correct, Yes, And that would

443
00:22:46.240 --> 00:22:53.839
<v Speaker 6>have been martazepine, uh LA, matrogen, catiapine, cathiopine, metabolite, and

444
00:22:53.920 --> 00:22:58.119
<v Speaker 6>trasidone and words, was your lab able to get concentration

445
00:22:58.240 --> 00:22:58.880
<v Speaker 6>levels for those?

446
00:23:00.319 --> 00:23:00.359
<v Speaker 8>No?

447
00:23:01.079 --> 00:23:03.759
<v Speaker 6>And so what did you do or what was done

448
00:23:04.039 --> 00:23:07.799
<v Speaker 6>with the samples or the specimens as it pertained to

449
00:23:08.440 --> 00:23:10.319
<v Speaker 6>those substances.

450
00:23:10.519 --> 00:23:12.319
<v Speaker 8>To minology of the sense MS labs.

451
00:23:13.400 --> 00:23:18.359
<v Speaker 6>And you've previously stated that you are trained on effects

452
00:23:18.480 --> 00:23:21.440
<v Speaker 6>of the of certain types of drugs, but your limitation

453
00:23:21.559 --> 00:23:25.160
<v Speaker 6>is you don't know how it affects a particular individual. Correct. Correct,

454
00:23:25.519 --> 00:23:30.079
<v Speaker 6>these particular five benzodiazepines, do you know where they fall

455
00:23:30.480 --> 00:23:33.039
<v Speaker 6>in the type of drug what the general effects of

456
00:23:33.079 --> 00:23:33.720
<v Speaker 6>those drugs are?

457
00:23:34.559 --> 00:23:38.759
<v Speaker 11>So benzos tend to be central nervous system depressence, okay.

458
00:23:39.599 --> 00:23:41.920
<v Speaker 6>And the ones that were detected, but you don't have

459
00:23:42.039 --> 00:23:47.519
<v Speaker 6>the levels for mataspine and the list I read what

460
00:23:47.759 --> 00:23:48.920
<v Speaker 6>category are those drugs?

461
00:23:51.960 --> 00:23:54.519
<v Speaker 11>Those tend to be also be central nervous system depressence.

462
00:23:55.680 --> 00:23:59.680
<v Speaker 11>Quotipene in particular, as you usually known that bipolar disorders

463
00:23:59.720 --> 00:24:02.400
<v Speaker 11>gets aw and as.

464
00:24:02.279 --> 00:24:06.640
<v Speaker 6>It pertains to the presence of the five dia five

465
00:24:06.720 --> 00:24:10.400
<v Speaker 6>bens of diazepines, your testing is limited that you don't

466
00:24:10.480 --> 00:24:14.759
<v Speaker 6>know whether that was from one medication or multiple medications. Correct.

467
00:24:15.519 --> 00:24:20.319
<v Speaker 11>Correct, Because the nordazepam outside of PAM and timasimam tend

468
00:24:20.359 --> 00:24:22.160
<v Speaker 11>to be metabolites of diazepam.

469
00:24:23.319 --> 00:24:24.160
<v Speaker 6>No further questions.

470
00:24:26.640 --> 00:24:27.319
<v Speaker 3>You raising.

471
00:24:31.000 --> 00:24:32.839
<v Speaker 8>How you doing that's about it, So.

472
00:24:33.119 --> 00:24:36.119
<v Speaker 3>All right, just a couple of brief questions.

473
00:24:36.160 --> 00:24:39.160
<v Speaker 4>First of all, would you this would be a blood

474
00:24:39.240 --> 00:24:43.759
<v Speaker 4>sample that was taken from Lindsay on a particular like

475
00:24:43.880 --> 00:24:44.279
<v Speaker 4>one day.

476
00:24:44.359 --> 00:24:46.799
<v Speaker 3>This is not a panel of a bunch of different samples.

477
00:24:46.880 --> 00:24:50.920
<v Speaker 11>Right to my knowledge, there would have been a few

478
00:24:50.960 --> 00:24:56.200
<v Speaker 11>different tests tubes submitted to us. Yes, I'm not familiar

479
00:24:56.279 --> 00:24:59.480
<v Speaker 11>with these specific ones, like if they were done over

480
00:24:59.519 --> 00:25:02.519
<v Speaker 11>a Spanish span of time, but usually there.

481
00:25:03.480 --> 00:25:06.200
<v Speaker 4>Yes, and you'd agree with me that that's a fairly

482
00:25:06.319 --> 00:25:10.000
<v Speaker 4>large number of drugs and metabolites that are in that

483
00:25:10.119 --> 00:25:15.799
<v Speaker 4>particular blood sample. Right, I've seen more, I'm sure, but nevertheless,

484
00:25:15.920 --> 00:25:17.759
<v Speaker 4>that's still a large number of drugs.

485
00:25:17.519 --> 00:25:19.000
<v Speaker 8>Though, right, Yeah, that's quite a few.

486
00:25:19.359 --> 00:25:22.200
<v Speaker 4>And you don't know, as a working your job for

487
00:25:22.279 --> 00:25:24.759
<v Speaker 4>the state police at that time, you don't know how

488
00:25:24.799 --> 00:25:28.599
<v Speaker 4>many of these drugs are coming from scripts, prescriptions and

489
00:25:28.680 --> 00:25:29.440
<v Speaker 4>things of that nature.

490
00:25:29.519 --> 00:25:29.599
<v Speaker 3>Right.

491
00:25:29.920 --> 00:25:35.240
<v Speaker 4>No, one of the things that you had mentioned metabolites

492
00:25:35.279 --> 00:25:37.519
<v Speaker 4>And you said that because the district attorney asked you

493
00:25:37.640 --> 00:25:42.599
<v Speaker 4>about different benza diazepines, this PAM, that PAM, this PAM,

494
00:25:42.720 --> 00:25:44.759
<v Speaker 4>that PAM, and then you responded and said, yeah, but

495
00:25:44.799 --> 00:25:47.119
<v Speaker 4>there's a lot of metabolites involved.

496
00:25:46.759 --> 00:25:48.799
<v Speaker 3>In that, right, What does that mean?

497
00:25:49.640 --> 00:25:53.759
<v Speaker 11>So a metabolite is just a breakdown of anything, usually

498
00:25:53.839 --> 00:25:57.000
<v Speaker 11>by the body. So you have what we call a

499
00:25:57.160 --> 00:26:00.319
<v Speaker 11>parent drug, and the body, if you ingest that body

500
00:26:00.359 --> 00:26:02.640
<v Speaker 11>would then break it down or put it into a

501
00:26:02.720 --> 00:26:05.839
<v Speaker 11>more digestible form in order to get rid of it.

502
00:26:06.240 --> 00:26:10.319
<v Speaker 4>Okay, So when you have a number of metabolites, For example,

503
00:26:10.480 --> 00:26:14.519
<v Speaker 4>someone may may have a prescription for am atripolene or

504
00:26:14.559 --> 00:26:18.240
<v Speaker 4>a prescription for zoloft or at a vent or something,

505
00:26:19.519 --> 00:26:21.799
<v Speaker 4>and they take the pill and it's in the system,

506
00:26:21.960 --> 00:26:24.359
<v Speaker 4>and then over time it would metabolize and they'd be

507
00:26:24.400 --> 00:26:26.720
<v Speaker 4>different PAMs or whatever it is that would break down

508
00:26:26.920 --> 00:26:28.039
<v Speaker 4>into the into the blood.

509
00:26:28.240 --> 00:26:28.599
<v Speaker 3>Is that right?

510
00:26:28.880 --> 00:26:29.079
<v Speaker 8>Yes?

511
00:26:31.119 --> 00:26:31.839
<v Speaker 3>How about.

512
00:26:34.200 --> 00:26:37.000
<v Speaker 4>Tetrahydrocannabinols THC marijuana?

513
00:26:37.039 --> 00:26:37.920
<v Speaker 3>What was the level on that?

514
00:26:38.920 --> 00:26:41.960
<v Speaker 8>To my knowledge, you didn't find any no marijuana? Right? Correct?

515
00:26:42.400 --> 00:26:44.440
<v Speaker 3>Thank you very much, sir, to.

516
00:26:44.559 --> 00:26:48.160
<v Speaker 7>Be bucking any redirect. All right, thank you, sir, Sit

517
00:26:48.240 --> 00:26:48.559
<v Speaker 7>down with me.

518
00:26:50.880 --> 00:26:52.200
<v Speaker 10>Come you're in our this time.

519
00:26:52.720 --> 00:26:55.200
<v Speaker 6>Upon agreement, i'd ask to admit as the next exhibit,

520
00:26:55.799 --> 00:26:57.759
<v Speaker 6>just a chart that the parties have agreed upon that

521
00:26:57.880 --> 00:27:00.400
<v Speaker 6>lists the brand names of some of the rugs that

522
00:27:00.480 --> 00:27:03.519
<v Speaker 6>have been spoken about the course of the trial as

523
00:27:03.599 --> 00:27:05.720
<v Speaker 6>well as what they were also known as for the

524
00:27:05.759 --> 00:27:06.519
<v Speaker 6>ease of the jurors.

525
00:27:09.480 --> 00:27:18.119
<v Speaker 1>So by by agreement that may be admitted, the Commonwealth.

526
00:27:17.680 --> 00:27:20.480
<v Speaker 5>Would call doctor Jonathan Brower as its next fitness.

527
00:27:23.000 --> 00:27:24.480
<v Speaker 3>Can you stop right here, raise your right after the

528
00:27:24.519 --> 00:27:25.039
<v Speaker 3>clerk place.

529
00:27:30.359 --> 00:27:32.319
<v Speaker 8>Good morning, doctor, good morning.

530
00:27:32.519 --> 00:27:35.240
<v Speaker 1>Ask you to keep your voice up so the jury

531
00:27:35.279 --> 00:27:35.680
<v Speaker 1>can hear you.

532
00:27:36.680 --> 00:27:40.319
<v Speaker 10>And with that, council thank you.

533
00:27:41.160 --> 00:27:41.640
<v Speaker 6>Good morning.

534
00:27:41.720 --> 00:27:41.839
<v Speaker 10>Sir.

535
00:27:41.920 --> 00:27:44.079
<v Speaker 6>Can you please tell the jurors your first and last name.

536
00:27:44.640 --> 00:27:48.680
<v Speaker 7>It's Justin Burrower B R O W E R.

537
00:27:49.799 --> 00:27:51.200
<v Speaker 6>And what do you do for work?

538
00:27:51.240 --> 00:27:51.359
<v Speaker 2>Sir?

539
00:27:51.640 --> 00:27:54.799
<v Speaker 7>I'm a forensic toxicologist for n MS Laboratories.

540
00:27:55.000 --> 00:27:56.519
<v Speaker 6>And where's that laboratory located.

541
00:27:56.680 --> 00:28:00.680
<v Speaker 7>The laboratory is located in Horsham, Pennsylvania, just north Philadelphia.

542
00:28:01.079 --> 00:28:03.160
<v Speaker 6>And what does your laboratory do?

543
00:28:03.799 --> 00:28:08.720
<v Speaker 7>We are a reference laboratory. We do post mortem work,

544
00:28:08.880 --> 00:28:14.240
<v Speaker 7>clinical work, and forensic drug work. So primarily my role

545
00:28:14.359 --> 00:28:17.599
<v Speaker 7>is on the forensic side. I'm a forensic toxicologist.

546
00:28:18.200 --> 00:28:22.559
<v Speaker 6>And does your lab receive specimens from all across the country.

547
00:28:23.279 --> 00:28:26.759
<v Speaker 7>We do. We have clients in all fifty states. We

548
00:28:26.839 --> 00:28:29.359
<v Speaker 7>do approximately half of the post mortem work in the

549
00:28:29.480 --> 00:28:33.400
<v Speaker 7>United States as well. As a large number of clinical clients.

550
00:28:34.200 --> 00:28:38.680
<v Speaker 6>And is your lab accredited across several states and across

551
00:28:38.720 --> 00:28:39.160
<v Speaker 6>the country.

552
00:28:39.519 --> 00:28:42.759
<v Speaker 7>We are because we deal with, you know, all the

553
00:28:42.839 --> 00:28:45.440
<v Speaker 7>states in the United States, all the states in the country.

554
00:28:46.039 --> 00:28:48.599
<v Speaker 7>We are accredited by just about every accrediting body that

555
00:28:48.680 --> 00:28:52.680
<v Speaker 7>I'm aware of in the clinical and forensic aspects, as

556
00:28:52.720 --> 00:28:54.599
<v Speaker 7>well as a lot of state certifications. So a lot

557
00:28:54.640 --> 00:28:58.240
<v Speaker 7>of states have their own requirements. The most notable one

558
00:28:58.319 --> 00:29:01.119
<v Speaker 7>is like New York States, So it did by again,

559
00:29:02.039 --> 00:29:04.839
<v Speaker 7>every crediting and body that I'm aware of. And how

560
00:29:04.880 --> 00:29:08.200
<v Speaker 7>long have you worked for NMS Laboratory Four years as

561
00:29:08.279 --> 00:29:11.440
<v Speaker 7>of August first. And what's your educational background as a

562
00:29:11.480 --> 00:29:15.000
<v Speaker 7>forensic toxicology So I have a PhD in organic chemistry.

563
00:29:15.680 --> 00:29:18.119
<v Speaker 7>Where did you get that from the University of Nevada?

564
00:29:18.839 --> 00:29:22.319
<v Speaker 6>And do you have any other professional experience in this

565
00:29:22.440 --> 00:29:23.960
<v Speaker 6>field prior to working for NMS.

566
00:29:24.400 --> 00:29:24.640
<v Speaker 3>I do.

567
00:29:25.400 --> 00:29:29.440
<v Speaker 7>Before joining NMS Laboratories, I was a laboratory supervisor and

568
00:29:29.480 --> 00:29:32.759
<v Speaker 7>then forensic toxicologist for the North Carolina Office of the

569
00:29:32.799 --> 00:29:36.039
<v Speaker 7>Chief Medical Examiner, which is a statewide system. So we

570
00:29:36.759 --> 00:29:39.920
<v Speaker 7>did the post mortem toxicology work for all one hundred

571
00:29:40.000 --> 00:29:41.599
<v Speaker 7>counties of the state of North Carolina.

572
00:29:42.640 --> 00:29:46.400
<v Speaker 6>And when it comes to your role in the forensic

573
00:29:46.519 --> 00:29:52.759
<v Speaker 6>area of doing the toxicology testing, what is your role

574
00:29:53.319 --> 00:29:55.839
<v Speaker 6>in the NMS lab when it comes to cases that

575
00:29:55.960 --> 00:29:59.880
<v Speaker 6>come to the laboratory for forensic analysis.

576
00:30:00.279 --> 00:30:03.880
<v Speaker 7>So when a case comes into NMS and is logged

577
00:30:03.960 --> 00:30:07.640
<v Speaker 7>in and the assigned or the requested tests assigned and

578
00:30:07.720 --> 00:30:11.000
<v Speaker 7>then run and reviewed multiple times in the laboratory. When

579
00:30:11.000 --> 00:30:13.880
<v Speaker 7>all that testing is completed, it comes to the toxicology department,

580
00:30:14.680 --> 00:30:17.799
<v Speaker 7>and my role is to review every aspect of that case.

581
00:30:18.000 --> 00:30:21.519
<v Speaker 7>So I'm making sure that everything on the toxicology report

582
00:30:21.680 --> 00:30:25.799
<v Speaker 7>is complete and accurate, such as all the demographic information

583
00:30:26.160 --> 00:30:28.279
<v Speaker 7>that we have available to us, you know, the name

584
00:30:28.359 --> 00:30:31.720
<v Speaker 7>of the scedent or the patient date of birth where

585
00:30:31.720 --> 00:30:35.200
<v Speaker 7>it's from the specimens that we received. And then also

586
00:30:35.279 --> 00:30:38.480
<v Speaker 7>that all of the everything that is reported is complete

587
00:30:38.559 --> 00:30:41.799
<v Speaker 7>and accurate, making sure that all the drugs that were

588
00:30:41.839 --> 00:30:47.079
<v Speaker 7>tested for are reported, that the reported concentrations are correct

589
00:30:47.079 --> 00:30:49.599
<v Speaker 7>and accurate, and looking at every piece of raw data

590
00:30:49.720 --> 00:30:54.880
<v Speaker 7>accumulated from the laboratory with that case associated with that case.

591
00:30:55.680 --> 00:31:01.720
<v Speaker 6>Fair to say, the NMS laboratory uses a batch reviewow.

592
00:31:01.960 --> 00:31:06.799
<v Speaker 7>That is correct, So we not only run the cases

593
00:31:06.920 --> 00:31:09.839
<v Speaker 7>in bashes, So we don't run one case at a time.

594
00:31:09.920 --> 00:31:12.079
<v Speaker 7>That's not very efficient. I don't really know of any

595
00:31:12.720 --> 00:31:17.359
<v Speaker 7>laboratory that does that anymore. So we will run cases,

596
00:31:17.440 --> 00:31:20.759
<v Speaker 7>you know, ten, fifteen, you know, thirty or forty at

597
00:31:20.799 --> 00:31:21.079
<v Speaker 7>a time.

598
00:31:21.680 --> 00:31:25.160
<v Speaker 6>So as far as running particular tested tests and getting

599
00:31:25.160 --> 00:31:27.359
<v Speaker 6>the broad data that's usually done by other people in

600
00:31:27.440 --> 00:31:30.759
<v Speaker 6>the laboratory, correct, that is correct, and then you come

601
00:31:30.799 --> 00:31:33.960
<v Speaker 6>in at the end and review everything and have the

602
00:31:33.960 --> 00:31:37.400
<v Speaker 6>ability to interpret the data that is correct. Your training

603
00:31:37.519 --> 00:31:41.200
<v Speaker 6>and experience as a forensic tex psychologist does that allow

604
00:31:41.279 --> 00:31:45.480
<v Speaker 6>you to interpret concentration levels of particular types of drugs?

605
00:31:45.680 --> 00:31:45.960
<v Speaker 8>It does.

606
00:31:47.359 --> 00:31:50.759
<v Speaker 6>Now. As far as the testing done at NMS laboratories,

607
00:31:52.279 --> 00:31:55.720
<v Speaker 6>the traditional testing is kind of the drug testing, the

608
00:31:55.960 --> 00:31:59.839
<v Speaker 6>panels for different common drugs correct, And typically we have.

609
00:32:00.000 --> 00:32:03.799
<v Speaker 7>A client's request panels to be run where we're looking for,

610
00:32:04.440 --> 00:32:07.119
<v Speaker 7>you know, multiple drugs and classes of drugs at a time.

611
00:32:07.559 --> 00:32:12.839
<v Speaker 6>But are there circumstances when outside laboratories or outside individuals

612
00:32:13.640 --> 00:32:15.960
<v Speaker 6>retain your lab in order to run specific tests.

613
00:32:16.079 --> 00:32:16.200
<v Speaker 3>Oh?

614
00:32:16.240 --> 00:32:16.720
<v Speaker 7>Absolutely.

615
00:32:20.079 --> 00:32:23.000
<v Speaker 6>Now I'm going to draw your attention to this particular case,

616
00:32:23.079 --> 00:32:27.680
<v Speaker 6>where was your laboratory provided a blood sample from the

617
00:32:27.759 --> 00:32:31.920
<v Speaker 6>Massachusetts State Police Crime Lab in April of twenty twenty three, I.

618
00:32:31.960 --> 00:32:34.440
<v Speaker 7>Believe, so, I'd really like to see the toxicology report

619
00:32:34.519 --> 00:32:39.119
<v Speaker 7>so I can just confirm all of that. Please, sure, sure,

620
00:32:40.119 --> 00:32:43.240
<v Speaker 7>Thank you so much, Hang on to that.

621
00:32:43.480 --> 00:32:43.880
<v Speaker 8>It's fine.

622
00:32:46.880 --> 00:32:47.200
<v Speaker 3>Correct.

623
00:32:47.200 --> 00:32:51.000
<v Speaker 7>Where we received the specimens on April seventh, twenty twenty.

624
00:32:50.759 --> 00:32:54.759
<v Speaker 6>Three, and it came from the Massachusettstate Police Crime Lab.

625
00:32:56.400 --> 00:33:01.000
<v Speaker 7>No, I don't know where they were initially sent from,

626
00:33:01.880 --> 00:33:04.839
<v Speaker 7>but the clients or the submitting agency is the District

627
00:33:04.880 --> 00:33:06.039
<v Speaker 7>Attorney's Office of Plymouth.

628
00:33:06.440 --> 00:33:06.720
<v Speaker 8>Okay.

629
00:33:07.680 --> 00:33:11.640
<v Speaker 6>Now, as it pertains to the requested testing that was done,

630
00:33:12.160 --> 00:33:14.400
<v Speaker 6>was it that panel that you described or was it

631
00:33:14.599 --> 00:33:16.359
<v Speaker 6>more specific testing?

632
00:33:16.759 --> 00:33:19.799
<v Speaker 7>This is what we call direct testing where they requested

633
00:33:20.039 --> 00:33:22.680
<v Speaker 7>just four specific drugs to be tested for.

634
00:33:23.079 --> 00:33:25.319
<v Speaker 6>And what were the four specific tests requested?

635
00:33:25.759 --> 00:33:30.039
<v Speaker 7>Lamotrogene, mertazapine, katiapene, and trasidone.

636
00:33:30.240 --> 00:33:33.400
<v Speaker 6>Are you familiar with those substances or those drugs, yes, ma'am,

637
00:33:34.200 --> 00:33:38.480
<v Speaker 6>And you reviewed all of the data and information done

638
00:33:38.799 --> 00:33:41.720
<v Speaker 6>at your lab in regards to these tests, correct, yes, ma'am.

639
00:33:41.799 --> 00:33:45.359
<v Speaker 6>Were they able to identify concentration levels in the sample

640
00:33:45.400 --> 00:33:46.880
<v Speaker 6>that was submitted for each one.

641
00:33:46.839 --> 00:33:49.079
<v Speaker 7>Of those four substances, yes, ma'am.

642
00:33:50.000 --> 00:33:52.680
<v Speaker 6>And for the first can you tell us what the

643
00:33:52.839 --> 00:33:53.440
<v Speaker 6>result was?

644
00:33:54.440 --> 00:33:56.599
<v Speaker 7>Would you like me just run down the list? Sure,

645
00:33:57.759 --> 00:34:02.519
<v Speaker 7>we detected lamotrogene and concentrate of six point one micrograms

646
00:34:02.640 --> 00:34:06.680
<v Speaker 7>per milli leader, martazapine at a concentration of two hundred

647
00:34:07.519 --> 00:34:12.679
<v Speaker 7>I'm sorry, two hundred nanograms, Permela Leader, katia pen at

648
00:34:12.719 --> 00:34:17.920
<v Speaker 7>a concentration of eighteen hundred nanograms Permella Leader, and trazodone

649
00:34:17.960 --> 00:34:22.159
<v Speaker 7>at a concentration of zero point four four micrograms permili leader.

650
00:34:22.320 --> 00:34:24.760
<v Speaker 7>And these are all in blood, in blood.

651
00:34:25.280 --> 00:34:29.719
<v Speaker 6>And so with each each drug that you just listed,

652
00:34:29.760 --> 00:34:33.800
<v Speaker 6>are you familiar with what the common name is for

653
00:34:34.039 --> 00:34:34.519
<v Speaker 6>the drugs?

654
00:34:35.760 --> 00:34:37.920
<v Speaker 7>I'm not always that great with common names, but I

655
00:34:38.039 --> 00:34:39.400
<v Speaker 7>can wing it okay.

656
00:34:40.280 --> 00:34:44.639
<v Speaker 6>Well, the lamotrigene and forgive me if I watch the

657
00:34:45.079 --> 00:34:49.119
<v Speaker 6>that's okay. The pronunciation that's also referred to commonly as

658
00:34:49.800 --> 00:34:53.280
<v Speaker 6>lamexp it is correct limental. What kind of drug is that?

659
00:34:54.079 --> 00:34:58.199
<v Speaker 7>It's typically used as an anti seizure medication, so if

660
00:34:58.199 --> 00:35:01.440
<v Speaker 7>somebody has a seizure disorder, it can be prescribed to

661
00:35:01.960 --> 00:35:08.199
<v Speaker 7>alleviate seizures, but it's also used for bipolar disorder as well.

662
00:35:09.119 --> 00:35:12.599
<v Speaker 6>And mertazepine. Fair to say that's commonly referred to as

663
00:35:12.679 --> 00:35:15.400
<v Speaker 6>rmarn Correct? And what kind of drug is that?

664
00:35:16.599 --> 00:35:18.920
<v Speaker 7>That isn't typically an antidepressant?

665
00:35:20.519 --> 00:35:22.719
<v Speaker 6>And catiopine, what's what's that?

666
00:35:22.880 --> 00:35:27.239
<v Speaker 7>Commontiopene is known as siraquel and for.

667
00:35:27.360 --> 00:35:30.639
<v Speaker 6>To say that's an antipsychotic as well for esspolar Yes, ma'am.

668
00:35:32.039 --> 00:35:35.239
<v Speaker 6>Are you familiar with whether that often can be prescribed

669
00:35:35.239 --> 00:35:36.559
<v Speaker 6>in low doses for sleep?

670
00:35:37.199 --> 00:35:37.440
<v Speaker 8>It is?

671
00:35:37.559 --> 00:35:39.039
<v Speaker 7>It can be for insomnia?

672
00:35:40.000 --> 00:35:44.280
<v Speaker 6>And trazodone. What's the common name for trazodone?

673
00:35:44.320 --> 00:35:48.760
<v Speaker 7>If you know, I am drawing a blank on the trazodone.

674
00:35:49.599 --> 00:35:54.679
<v Speaker 6>If I suggest trasamine, is that familiar?

675
00:35:55.760 --> 00:35:57.320
<v Speaker 7>Not the one I'm most familiar with?

676
00:35:57.400 --> 00:35:59.960
<v Speaker 6>And I apologize that it's okay, But you're familiar with trasidone?

677
00:36:00.199 --> 00:36:00.519
<v Speaker 3>Correct?

678
00:36:00.559 --> 00:36:02.119
<v Speaker 6>And what class of drug is that?

679
00:36:02.519 --> 00:36:03.599
<v Speaker 7>That's an anti depressant?

680
00:36:05.719 --> 00:36:08.960
<v Speaker 6>Now, in your review of the levels that were detected

681
00:36:09.679 --> 00:36:13.679
<v Speaker 6>in these four tests for each of these substances, do

682
00:36:13.840 --> 00:36:18.239
<v Speaker 6>any of these levels appear to be outside therapeutic concentration levels?

683
00:36:18.679 --> 00:36:22.480
<v Speaker 7>The only one that's a little elevated would be the tap. Okay,

684
00:36:23.320 --> 00:36:26.559
<v Speaker 7>So we're gonna take a very short break at this time.

685
00:36:26.719 --> 00:36:29.719
<v Speaker 1>All right, So this would be a short break and

686
00:36:29.760 --> 00:36:30.400
<v Speaker 1>we'll come right.

687
00:36:30.360 --> 00:36:41.559
<v Speaker 10>Back, all right, all right, place, all right, we would be.

688
00:36:41.599 --> 00:36:44.039
<v Speaker 1>Right, This would be a short break, just for a

689
00:36:44.440 --> 00:36:45.039
<v Speaker 1>short recess.

690
00:36:45.159 --> 00:36:46.000
<v Speaker 8>Will come right back.

691
00:36:47.920 --> 00:36:48.400
<v Speaker 7>Hopefully not.

692
00:36:51.559 --> 00:37:00.639
<v Speaker 6>Yeah, doctor Brower. Before we broke, we mentioned the term

693
00:37:00.800 --> 00:37:04.760
<v Speaker 6>therapeutic concentration. You familiar with that term, correct? What does

694
00:37:04.800 --> 00:37:05.119
<v Speaker 6>that mean?

695
00:37:05.719 --> 00:37:08.719
<v Speaker 7>It's the typical concentration that one would achieve when they're

696
00:37:08.760 --> 00:37:13.920
<v Speaker 7>taking the medication or drug as indicated by their prescriber.

697
00:37:14.800 --> 00:37:19.920
<v Speaker 6>And are you familiar with toxic concentrations or suicidal concentrations

698
00:37:20.679 --> 00:37:21.559
<v Speaker 6>and what does that mean?

699
00:37:22.320 --> 00:37:25.159
<v Speaker 7>Those are concentrations that could lead to adverse events and

700
00:37:25.400 --> 00:37:26.199
<v Speaker 7>potentially death.

701
00:37:27.400 --> 00:37:30.960
<v Speaker 6>Now, in relation to the four substances that were tested

702
00:37:31.079 --> 00:37:36.239
<v Speaker 6>at the NMS laboratory, you identified the levels for each

703
00:37:36.639 --> 00:37:41.320
<v Speaker 6>of the four substances. Were any of those sub levels,

704
00:37:41.360 --> 00:37:45.519
<v Speaker 6>excuse me, concentration levels considered within therapeutic concentration?

705
00:37:47.320 --> 00:37:50.199
<v Speaker 7>It would all be in what I would say therapeutic concentration,

706
00:37:50.360 --> 00:37:53.159
<v Speaker 7>except maybe the katapene, which is slightly elevated.

707
00:37:53.519 --> 00:37:53.800
<v Speaker 8>Okay.

708
00:37:54.360 --> 00:37:57.719
<v Speaker 6>And in your experience as a forensic toxicologist, have you

709
00:37:57.800 --> 00:38:01.840
<v Speaker 6>had the occasion to review cases post mortem cases in

710
00:38:01.880 --> 00:38:06.440
<v Speaker 6>which suicide was a mechanism of death where the person

711
00:38:06.519 --> 00:38:07.480
<v Speaker 6>consumed medication.

712
00:38:07.920 --> 00:38:09.360
<v Speaker 7>Absolutely, yes, And so.

713
00:38:11.280 --> 00:38:12.239
<v Speaker 10>That level of the.

714
00:38:14.760 --> 00:38:20.519
<v Speaker 6>Kittiapine at the eight hundred nanogram's permillar leader was would

715
00:38:20.559 --> 00:38:23.159
<v Speaker 6>that have been in that toxic or suicidal level?

716
00:38:23.440 --> 00:38:23.800
<v Speaker 7>No, ma'am.

717
00:38:25.840 --> 00:38:29.400
<v Speaker 6>Would you generally expect to see that a significantly greater

718
00:38:29.519 --> 00:38:30.480
<v Speaker 6>in a suicide case?

719
00:38:31.159 --> 00:38:35.400
<v Speaker 7>Typically gittiopenes and suicide cases might be in the you know,

720
00:38:35.840 --> 00:38:39.039
<v Speaker 7>close to ten thousand nanograms for male leader. Usually people

721
00:38:39.199 --> 00:38:43.159
<v Speaker 7>take handfuls of pills when they're trying to harm themselves

722
00:38:43.199 --> 00:38:45.360
<v Speaker 7>and take their own life, and this is not consistent

723
00:38:45.400 --> 00:38:45.599
<v Speaker 7>with that.

724
00:38:47.000 --> 00:38:49.840
<v Speaker 6>Now, are you also familiar in your training and experience

725
00:38:50.119 --> 00:38:53.840
<v Speaker 6>with the class of drugs called benzodiazepines, Yes, ma'am. And

726
00:38:53.920 --> 00:38:56.119
<v Speaker 6>do you have the occasion to interpret data as it

727
00:38:56.159 --> 00:38:57.920
<v Speaker 6>pertains to concentration levels for.

728
00:38:57.960 --> 00:38:59.159
<v Speaker 7>Those every single day?

729
00:38:59.679 --> 00:39:06.280
<v Speaker 6>And as far as the substances diazepam, nora diazepam, ox oxapam,

730
00:39:06.559 --> 00:39:09.960
<v Speaker 6>tams apam, laurazapam, you're familiar with those, I am, And

731
00:39:11.360 --> 00:39:16.079
<v Speaker 6>it's fair to say nora, diazepam, oaspam, temasi pam, those

732
00:39:16.079 --> 00:39:18.480
<v Speaker 6>are all metabolites of diazepam.

733
00:39:19.199 --> 00:39:20.039
<v Speaker 7>Typically, yes, ma'am.

734
00:39:20.239 --> 00:39:26.159
<v Speaker 6>And what's the common name for diazepam valium? If I

735
00:39:26.239 --> 00:39:30.360
<v Speaker 6>show you what's been marked is exhibit one eight three

736
00:39:30.440 --> 00:39:35.440
<v Speaker 6>already Can you see that on the screen beside you?

737
00:39:37.639 --> 00:39:42.440
<v Speaker 7>I can, yes, right there?

738
00:39:45.880 --> 00:39:46.920
<v Speaker 6>Can you see the levels?

739
00:39:48.639 --> 00:39:49.360
<v Speaker 7>They're all blurry?

740
00:39:50.480 --> 00:39:50.840
<v Speaker 12>There you go.

741
00:39:51.679 --> 00:39:54.599
<v Speaker 7>My sight is not great too, So okay, so that's

742
00:39:54.639 --> 00:39:56.480
<v Speaker 7>perfect that I can do with the auto focus.

743
00:39:56.639 --> 00:40:00.840
<v Speaker 13>Don't touch it any anything about the levels that you

744
00:40:00.920 --> 00:40:05.519
<v Speaker 13>observed here regarding those substances benzodiazepines that tell you that

745
00:40:06.280 --> 00:40:09.480
<v Speaker 13>they're outside therapeutic concentration levels.

746
00:40:11.119 --> 00:40:17.800
<v Speaker 7>The diazepam and the nordays of pam, oxyzopam and tamazapam metabolites.

747
00:40:18.679 --> 00:40:22.639
<v Speaker 7>The diatapam looks to be sub therapeutic, meaning lower than

748
00:40:22.679 --> 00:40:27.280
<v Speaker 7>what is typically expected from a therapeutic dose. Most therapeutic

749
00:40:27.360 --> 00:40:30.920
<v Speaker 7>doses of diazepam, which is an which is an angiolytic

750
00:40:31.159 --> 00:40:34.679
<v Speaker 7>drug or an anti anxiety drug are typically you know,

751
00:40:34.760 --> 00:40:38.800
<v Speaker 7>two hundred two hundred and fifty thereabouts nanogram permil leader

752
00:40:39.400 --> 00:40:43.159
<v Speaker 7>the lerazepam, depending upon the dose, could be a therapeutic

753
00:40:43.239 --> 00:40:47.000
<v Speaker 7>concentration if not maybe a little bit lower than expected.

754
00:40:48.199 --> 00:40:55.719
<v Speaker 6>Now when you're reviewing these cases, as the reporting forensic toxicologist.

755
00:40:56.639 --> 00:40:58.480
<v Speaker 6>Are there limitations on what you can say about the

756
00:40:58.559 --> 00:41:00.519
<v Speaker 6>effects of these types of metal cations.

757
00:41:00.960 --> 00:41:05.119
<v Speaker 7>We can speak as to the general effects that drugs

758
00:41:05.199 --> 00:41:09.280
<v Speaker 7>can have on the general population, but we try to

759
00:41:09.400 --> 00:41:13.039
<v Speaker 7>restrict ourselves from saying with absolute certainty that a drug

760
00:41:13.079 --> 00:41:16.519
<v Speaker 7>will have this effect on this specific person because we

761
00:41:16.639 --> 00:41:18.360
<v Speaker 7>just aren't there to witness their behavior.

762
00:41:18.679 --> 00:41:20.880
<v Speaker 6>Okay, so that was kind of the follow up.

763
00:41:20.920 --> 00:41:21.599
<v Speaker 7>So I'm sorry.

764
00:41:21.679 --> 00:41:24.800
<v Speaker 6>What are the things that you are the unknowns for

765
00:41:24.880 --> 00:41:27.800
<v Speaker 6>you when you're just looking at data we.

766
00:41:27.920 --> 00:41:32.280
<v Speaker 7>Did when we say that we can't do toxicology in

767
00:41:32.360 --> 00:41:35.840
<v Speaker 7>a vacuum. You can't know everything about the case just

768
00:41:35.880 --> 00:41:39.000
<v Speaker 7>by looking at numbers on the toxicology report and drugs

769
00:41:39.039 --> 00:41:42.920
<v Speaker 7>on toxicology report. You need other information to have an

770
00:41:42.960 --> 00:41:46.960
<v Speaker 7>informed opinion. In the post mortem world, that would be

771
00:41:47.079 --> 00:41:52.079
<v Speaker 7>the investigation itself, the history of the case, the scene findings,

772
00:41:53.320 --> 00:41:56.000
<v Speaker 7>you know, interviews with you know, families and friends of

773
00:41:56.039 --> 00:42:00.280
<v Speaker 7>the decedents as all, as well as autopsy findings. Well,

774
00:42:01.119 --> 00:42:03.639
<v Speaker 7>in a case like this where it's not a decedent

775
00:42:04.599 --> 00:42:06.760
<v Speaker 7>and the person is alive, you still need to know

776
00:42:07.320 --> 00:42:10.719
<v Speaker 7>some facts of the case, some sort of history of

777
00:42:10.800 --> 00:42:14.840
<v Speaker 7>the case, like what happened so just numbers on a page,

778
00:42:15.599 --> 00:42:19.079
<v Speaker 7>you can just make very generalize types of opinions such

779
00:42:19.119 --> 00:42:22.039
<v Speaker 7>as that looks to be therapeutic, it looks to be high,

780
00:42:22.119 --> 00:42:24.840
<v Speaker 7>it looks to be low, and then again just the

781
00:42:25.079 --> 00:42:26.800
<v Speaker 7>general effects on the drugs on people.

782
00:42:27.159 --> 00:42:29.719
<v Speaker 6>And in this particular instance, you were not provided any

783
00:42:29.880 --> 00:42:33.320
<v Speaker 6>further information about the case or the investigation in order

784
00:42:33.400 --> 00:42:35.719
<v Speaker 6>to make any more opinions about effects.

785
00:42:36.079 --> 00:42:38.960
<v Speaker 7>I knew nothing about this case until we spoke. I

786
00:42:39.000 --> 00:42:40.199
<v Speaker 7>think it was probably a few weeks ago.

787
00:42:40.440 --> 00:42:42.599
<v Speaker 6>And as far as the information available to you, you

788
00:42:42.719 --> 00:42:45.840
<v Speaker 6>only had the data from the specimen that was tested, correct, that.

789
00:42:46.000 --> 00:42:48.519
<v Speaker 7>Is correct, just these four drugs that were requested to

790
00:42:48.559 --> 00:42:49.039
<v Speaker 7>be tested for.

791
00:42:49.679 --> 00:42:52.199
<v Speaker 6>And as far as the drugs of the four drugs

792
00:42:52.239 --> 00:42:55.119
<v Speaker 6>that were tested by your lab, what are the general

793
00:42:55.239 --> 00:42:56.840
<v Speaker 6>characteristics of some of those drugs.

794
00:42:57.800 --> 00:43:02.119
<v Speaker 7>So these are generally antidepressants and antipsychotic medications. So if

795
00:43:02.159 --> 00:43:05.840
<v Speaker 7>somebody had well the remote gene, if somebody has a

796
00:43:06.039 --> 00:43:14.400
<v Speaker 7>bipolar disorder like wide wild mood swings, depressive episodes, or

797
00:43:14.440 --> 00:43:18.760
<v Speaker 7>anti psychotic or psychotic episodes, these drugs could be prescribed.

798
00:43:19.679 --> 00:43:24.079
<v Speaker 7>They also have depressant effects, so they could make people

799
00:43:24.159 --> 00:43:28.639
<v Speaker 7>become lethargic, or or sleepy okay.

800
00:43:28.880 --> 00:43:31.840
<v Speaker 4>And would have known that if somebody had told you that,

801
00:43:31.960 --> 00:43:33.719
<v Speaker 4>but you don't know it from looking at the numbers

802
00:43:33.760 --> 00:43:34.679
<v Speaker 4>that we have here right.

803
00:43:34.840 --> 00:43:37.400
<v Speaker 7>Correct as possible, if they would have given us that information.

804
00:43:37.559 --> 00:43:45.800
<v Speaker 7>We don't always need to have it though, Can I

805
00:43:45.880 --> 00:43:46.679
<v Speaker 7>just see it again?

806
00:43:52.760 --> 00:43:55.400
<v Speaker 6>I think just a perfect.

807
00:43:56.639 --> 00:43:57.239
<v Speaker 1>We're going to.

808
00:43:59.360 --> 00:44:03.840
<v Speaker 7>Introduce ye that exhibited this time.

809
00:44:04.440 --> 00:44:09.000
<v Speaker 4>Thank you, best lab report the same as the one,

810
00:44:09.079 --> 00:44:12.239
<v Speaker 4>same numbers on the top right, what the square is correct?

811
00:44:12.239 --> 00:44:14.719
<v Speaker 3>The same numbers? Correct? Thank you, that's what I.

812
00:44:17.800 --> 00:44:17.920
<v Speaker 8>Right?

813
00:44:18.440 --> 00:44:24.360
<v Speaker 6>Yeah, calm well, doctor Brower, you in fact, once got

814
00:44:24.440 --> 00:44:29.239
<v Speaker 6>this case per review, you authored a corrected report in

815
00:44:29.360 --> 00:44:30.960
<v Speaker 6>regards to this case. Correct.

816
00:44:31.119 --> 00:44:31.400
<v Speaker 8>Correct.

817
00:44:31.840 --> 00:44:33.880
<v Speaker 6>At this point I would move to admit the report.

818
00:44:33.920 --> 00:44:36.800
<v Speaker 7>All right, that may be admitted as well. Thank you,

819
00:44:39.400 --> 00:44:42.000
<v Speaker 7>all right, thank you, doctor Am I release through also,

820
00:44:42.119 --> 00:44:42.719
<v Speaker 7>thank you, thank you.

821
00:44:43.760 --> 00:44:45.960
<v Speaker 14>You're on a Prior to the next witness, the cam

822
00:44:46.119 --> 00:44:50.119
<v Speaker 14>Wealth would move to submit for stipulations the party parties

823
00:44:50.159 --> 00:44:53.719
<v Speaker 14>have it entered into, the first being a stipulation regarding

824
00:44:53.840 --> 00:44:58.239
<v Speaker 14>DNA known standard samples, the second being a stipulation regarding

825
00:44:58.320 --> 00:45:01.000
<v Speaker 14>DNA evidence for the blue exer size band and the

826
00:45:01.400 --> 00:45:04.840
<v Speaker 14>red brown stain on the basement floor, the third being

827
00:45:04.880 --> 00:45:08.440
<v Speaker 14>the stipulation regarding DNA DNA evidence for the yellow exercise

828
00:45:08.559 --> 00:45:11.840
<v Speaker 14>band and the black exercise band, and the fourth being

829
00:45:11.920 --> 00:45:16.000
<v Speaker 14>the stipulation regarding DNA comparisons for the blue exercise band

830
00:45:16.159 --> 00:45:17.920
<v Speaker 14>and the red brown stain in the basement.

831
00:45:18.159 --> 00:45:21.800
<v Speaker 1>That's right, we don't need to have all right, So

832
00:45:21.960 --> 00:45:28.599
<v Speaker 1>those stipulations may be entered as exhibits. Council, do you

833
00:45:28.679 --> 00:45:33.159
<v Speaker 1>want those published or regular? The jury or satisfied that

834
00:45:33.239 --> 00:45:35.159
<v Speaker 1>they'll have those and the parties can.

835
00:45:35.280 --> 00:45:38.400
<v Speaker 7>The parties can refer to the contents of the of the.

836
00:45:38.679 --> 00:45:41.679
<v Speaker 3>Stipulations, the only one.

837
00:45:44.599 --> 00:45:47.599
<v Speaker 7>I'm sorry, that's on me. I kind of jumped in there.

838
00:45:47.599 --> 00:45:48.079
<v Speaker 3>I'm sorry.

839
00:45:51.000 --> 00:45:55.679
<v Speaker 15>Spelled k A t A r i n A. Last

840
00:45:55.760 --> 00:45:57.280
<v Speaker 15>name is spelled s t A.

841
00:45:57.960 --> 00:45:58.840
<v Speaker 7>S h y N.

842
00:45:59.719 --> 00:46:01.880
<v Speaker 14>And can you describe for as your educational background.

843
00:46:02.519 --> 00:46:06.239
<v Speaker 15>I have a bachelor's and master's degree in biotechnology from

844
00:46:06.320 --> 00:46:07.760
<v Speaker 15>the University of Nevada Arena.

845
00:46:08.239 --> 00:46:09.320
<v Speaker 12>And what is your occupation.

846
00:46:09.960 --> 00:46:13.159
<v Speaker 15>I'm currently employed by the Washoe County Sheriff's Office Forensic

847
00:46:13.199 --> 00:46:16.440
<v Speaker 15>Science Division, which is located in Reno, Nevada. I'm a

848
00:46:16.559 --> 00:46:20.599
<v Speaker 15>criminalist in the biology and for ustic forensic investigation sections.

849
00:46:21.360 --> 00:46:25.159
<v Speaker 14>Back in January of twenty twenty three.

850
00:46:25.599 --> 00:46:29.000
<v Speaker 15>Where were you working I previously worked for the Massachusetts

851
00:46:29.039 --> 00:46:31.960
<v Speaker 15>State Police Crime Laboratory as a forensic scientist in the

852
00:46:32.039 --> 00:46:34.760
<v Speaker 15>DNA unit, which is functionally the same role that I

853
00:46:34.840 --> 00:46:36.440
<v Speaker 15>currently have in the biology section.

854
00:46:37.719 --> 00:46:41.880
<v Speaker 3>And I'm sorry, we agree to the DNA I'm just

855
00:46:41.960 --> 00:46:42.599
<v Speaker 3>letting you know that.

856
00:46:43.320 --> 00:46:46.400
<v Speaker 12>All right, and I'm just giving that evidence to the very.

857
00:46:47.800 --> 00:46:50.840
<v Speaker 14>So when did you start working for the State Police.

858
00:46:51.639 --> 00:46:54.760
<v Speaker 15>I worked for the Massachusetts State Police from June twenty

859
00:46:54.840 --> 00:46:57.440
<v Speaker 15>twenty one to February of twenty twenty five.

860
00:46:58.760 --> 00:47:04.440
<v Speaker 12>And what was the nature of your work for the

861
00:47:04.519 --> 00:47:05.239
<v Speaker 12>lab at that time?

862
00:47:06.199 --> 00:47:10.679
<v Speaker 15>As a DNA analyst, I processed evidence items obtained either

863
00:47:10.800 --> 00:47:14.199
<v Speaker 15>from a crime scene or from an individual associated with

864
00:47:14.280 --> 00:47:17.800
<v Speaker 15>a criminal investigation. These items of evidence would be processed

865
00:47:17.840 --> 00:47:22.599
<v Speaker 15>through the laboratory. I then would perform interpretations, comparisons as needed,

866
00:47:22.760 --> 00:47:26.360
<v Speaker 15>write reports. I also could perform administrative reviews of other

867
00:47:26.440 --> 00:47:30.119
<v Speaker 15>analysts work and provide expert witness testimony as needed.

868
00:47:31.000 --> 00:47:35.119
<v Speaker 14>And part of your employment at the Massachusetts State Police

869
00:47:35.159 --> 00:47:38.599
<v Speaker 14>Crime Lab did you take competency tests and proficiency tests

870
00:47:38.840 --> 00:47:42.119
<v Speaker 14>to guarantee that you were capable and proficient in the

871
00:47:42.199 --> 00:47:43.079
<v Speaker 14>areas you were working.

872
00:47:43.719 --> 00:47:47.079
<v Speaker 15>Yes, I took both competency tests after my training and

873
00:47:47.280 --> 00:47:50.599
<v Speaker 15>proficiency tests throughout my career at Massachusetts and at my

874
00:47:50.679 --> 00:47:51.159
<v Speaker 15>current role.

875
00:47:51.440 --> 00:47:53.119
<v Speaker 12>And have you passed all of those tests?

876
00:47:53.519 --> 00:47:56.559
<v Speaker 15>Yes, I have passed all competency and proficiency tests that

877
00:47:56.599 --> 00:47:57.960
<v Speaker 15>I've taken so far in my career.

878
00:47:58.880 --> 00:48:00.840
<v Speaker 12>Can you tell us what is DNA?

879
00:48:01.840 --> 00:48:06.800
<v Speaker 15>DNA stands for deoxyribonucleic acid and this is genetic information

880
00:48:06.920 --> 00:48:09.800
<v Speaker 15>that is stored in our cells. This is information that

881
00:48:09.880 --> 00:48:12.519
<v Speaker 15>makes us who we are, determines how we develop and grow.

882
00:48:13.480 --> 00:48:17.280
<v Speaker 15>A person's DNA is inherited approximately half from their mom

883
00:48:17.480 --> 00:48:21.039
<v Speaker 15>and half from their dad. DNA is forensically relevant because

884
00:48:21.119 --> 00:48:23.480
<v Speaker 15>it is expected that no two individuals will have the

885
00:48:23.559 --> 00:48:25.199
<v Speaker 15>same forensic DNA profile.

886
00:48:25.960 --> 00:48:29.159
<v Speaker 14>And is DNA the same in every single cell in

887
00:48:29.199 --> 00:48:30.000
<v Speaker 14>a person's body.

888
00:48:31.000 --> 00:48:35.079
<v Speaker 15>Yes, the DNA profile obtained from different cells, different cell types,

889
00:48:35.159 --> 00:48:38.599
<v Speaker 15>like a blood cell or from a saliva cell or

890
00:48:38.679 --> 00:48:43.199
<v Speaker 15>selling your saliva would have the same DNA profile barringer mutation.

891
00:48:44.360 --> 00:48:49.360
<v Speaker 14>And can you explain generally the process used to analyze

892
00:48:49.400 --> 00:48:54.639
<v Speaker 14>evidence in this case, the testing involving the defendant, Lindsay Clancy.

893
00:48:56.079 --> 00:48:58.480
<v Speaker 15>The items tested in this case and in all cases,

894
00:48:58.559 --> 00:49:04.920
<v Speaker 15>will go through a four step laboratory process of extraction, quantification, amplification,

895
00:49:05.480 --> 00:49:09.360
<v Speaker 15>and detection, and then profiles developed from that laboratory process

896
00:49:09.400 --> 00:49:11.000
<v Speaker 15>will be interpreted and compared.

897
00:49:11.880 --> 00:49:14.599
<v Speaker 14>Can you just briefly explain what is extraction and how

898
00:49:14.639 --> 00:49:15.079
<v Speaker 14>it's done.

899
00:49:15.719 --> 00:49:18.559
<v Speaker 15>Extraction is the first step of that laboratory process that

900
00:49:18.719 --> 00:49:22.800
<v Speaker 15>involves applying a variation of heat and chemicals to a sample.

901
00:49:23.320 --> 00:49:26.079
<v Speaker 15>This breaks open cells that are present and releases the

902
00:49:26.159 --> 00:49:28.039
<v Speaker 15>DNA and then isolates that DNA.

903
00:49:28.719 --> 00:49:31.800
<v Speaker 12>And was the next step quantification?

904
00:49:32.480 --> 00:49:32.719
<v Speaker 8>Yes?

905
00:49:33.039 --> 00:49:34.400
<v Speaker 12>And what is that and how do you do that?

906
00:49:35.119 --> 00:49:38.840
<v Speaker 15>Quantification is the second step when we determine a reliable

907
00:49:39.000 --> 00:49:41.480
<v Speaker 15>estimate for the amount of DNA in those samples that

908
00:49:41.559 --> 00:49:45.239
<v Speaker 15>were extracted, and those values are then used to optimize

909
00:49:45.280 --> 00:49:47.719
<v Speaker 15>the rest of the process with the goal to obtain

910
00:49:47.880 --> 00:49:49.800
<v Speaker 15>a quality profile for that sample.

911
00:49:50.320 --> 00:49:52.679
<v Speaker 12>And the third step amplification. Can you explain that?

912
00:49:53.280 --> 00:49:56.760
<v Speaker 15>Amplification is when we make millions and millions of copies

913
00:49:56.880 --> 00:50:00.880
<v Speaker 15>of certain areas of DNA to make it able to

914
00:50:00.920 --> 00:50:02.559
<v Speaker 15>be detected and visualized.

915
00:50:03.320 --> 00:50:04.679
<v Speaker 12>And then detection what is that?

916
00:50:05.280 --> 00:50:08.000
<v Speaker 15>And then the fourth step is separation or detection. This

917
00:50:08.119 --> 00:50:10.960
<v Speaker 15>is where we separate out all those millions and millions

918
00:50:10.960 --> 00:50:14.480
<v Speaker 15>of copies that we made to make them visual. This

919
00:50:14.679 --> 00:50:19.159
<v Speaker 15>produces a DNA profile that an analyst is then able

920
00:50:19.239 --> 00:50:20.639
<v Speaker 15>to review and interpret.

921
00:50:21.159 --> 00:50:23.639
<v Speaker 14>And when you worked at the Massachusetts State Police Crime Lab,

922
00:50:23.719 --> 00:50:27.199
<v Speaker 14>were there certain standardized protocols.

923
00:50:26.679 --> 00:50:28.840
<v Speaker 12>And procedures that you used at that lab?

924
00:50:29.239 --> 00:50:29.440
<v Speaker 8>Yes?

925
00:50:30.079 --> 00:50:33.360
<v Speaker 14>And were there controls used in your testing?

926
00:50:33.679 --> 00:50:33.880
<v Speaker 3>Yes?

927
00:50:34.159 --> 00:50:34.760
<v Speaker 12>What does that mean?

928
00:50:35.599 --> 00:50:37.599
<v Speaker 15>So there are two different types of controls that we're

929
00:50:37.639 --> 00:50:40.400
<v Speaker 15>used in our testing. The first is a positive control.

930
00:50:40.800 --> 00:50:44.000
<v Speaker 15>This is a sample that contains a known DNA profile

931
00:50:44.360 --> 00:50:47.920
<v Speaker 15>and it is processed alongside evidence samples. So when that

932
00:50:48.119 --> 00:50:50.679
<v Speaker 15>known DNA profile is obtained at the end of the process,

933
00:50:50.719 --> 00:50:54.199
<v Speaker 15>it confirms that the process is working appropriately. The second

934
00:50:54.280 --> 00:50:56.920
<v Speaker 15>type of control is a negative control, and this is

935
00:50:57.000 --> 00:51:00.360
<v Speaker 15>a sample that contains no DNA that is also tested

936
00:51:00.360 --> 00:51:03.719
<v Speaker 15>alongside evidence samples, and this is able to monitor any

937
00:51:03.800 --> 00:51:07.559
<v Speaker 15>contamination and confirm that clean technique is used during testing.

938
00:51:08.360 --> 00:51:11.320
<v Speaker 14>And does your work undergo a review process at.

939
00:51:11.239 --> 00:51:12.000
<v Speaker 12>The lab or did it?

940
00:51:12.559 --> 00:51:12.760
<v Speaker 6>Yes?

941
00:51:13.039 --> 00:51:16.239
<v Speaker 15>All work goes through two stages of review, technical review

942
00:51:16.320 --> 00:51:20.679
<v Speaker 15>and administrative review. Technical review is when another qualified analyst

943
00:51:20.840 --> 00:51:23.480
<v Speaker 15>reviews all of the work done in the file and

944
00:51:23.639 --> 00:51:27.840
<v Speaker 15>in the report they confirmed that all protocols were followed

945
00:51:28.280 --> 00:51:31.960
<v Speaker 15>and that correct conclusions were drawn. And then administrative review

946
00:51:32.079 --> 00:51:34.800
<v Speaker 15>is when another analyst reviews dot file all of the

947
00:51:34.880 --> 00:51:38.840
<v Speaker 15>documentation and the report for overall clerical accuracy and completeness.

948
00:51:39.719 --> 00:51:43.320
<v Speaker 14>And when you worked on Lab number twenty three DASH

949
00:51:43.519 --> 00:51:48.119
<v Speaker 14>zero one seven two three evidence involved in the deaths

950
00:51:48.199 --> 00:51:52.320
<v Speaker 14>of Core Clancy, Dawson Clancy, and calend Clancy, did you

951
00:51:52.440 --> 00:51:54.920
<v Speaker 14>follow the standardized protocols and procedures?

952
00:51:55.360 --> 00:51:55.559
<v Speaker 3>Yes?

953
00:51:56.000 --> 00:51:58.360
<v Speaker 14>Were there any issues with the controls that you that

954
00:51:58.480 --> 00:51:59.840
<v Speaker 14>were present when you did this test?

955
00:52:00.559 --> 00:52:03.679
<v Speaker 15>All controls were acceptable per the laboratory protocols?

956
00:52:03.960 --> 00:52:06.800
<v Speaker 14>And did your work undergo and pass that review process

957
00:52:06.880 --> 00:52:08.639
<v Speaker 14>you just described, Yes, all.

958
00:52:08.599 --> 00:52:10.960
<v Speaker 15>Work went through both technical and administrative review.

959
00:52:11.960 --> 00:52:14.079
<v Speaker 14>And if we could talk specifically about the work that

960
00:52:14.199 --> 00:52:19.039
<v Speaker 14>you did in this case, first I'd like to talk

961
00:52:19.599 --> 00:52:22.840
<v Speaker 14>or I'd like you to talk about your work done

962
00:52:22.920 --> 00:52:27.239
<v Speaker 14>on the yellow exercise band and the black exercise band.

963
00:52:27.639 --> 00:52:31.480
<v Speaker 14>Now you didn't actually handle those items.

964
00:52:31.199 --> 00:52:32.840
<v Speaker 15>Actually low level contributors.

965
00:52:33.599 --> 00:52:35.960
<v Speaker 14>And would it be correct to state that when there

966
00:52:36.119 --> 00:52:39.079
<v Speaker 14>is this level of relatedness where you have two parents

967
00:52:39.159 --> 00:52:43.920
<v Speaker 14>and three siblings, that you can have false exclusions.

968
00:52:44.920 --> 00:52:49.239
<v Speaker 15>If there is an under assignment of the number of contributors,

969
00:52:49.679 --> 00:52:53.719
<v Speaker 15>meaning that the number of contributors is incorrectly assigned lower

970
00:52:53.800 --> 00:52:56.760
<v Speaker 15>than it actually is, which is a possibility with relatedness

971
00:52:56.800 --> 00:52:59.960
<v Speaker 15>because you're working with less information because that information is shared,

972
00:53:00.519 --> 00:53:05.199
<v Speaker 15>the under assigning could lead to false exclusions of true contributors.

973
00:53:05.639 --> 00:53:08.760
<v Speaker 14>Could you also miss some people to include?

974
00:53:11.440 --> 00:53:14.079
<v Speaker 15>Due to the effects of relatedness, it could be difficult

975
00:53:14.119 --> 00:53:17.800
<v Speaker 15>to determine number of contributors simply because so much information

976
00:53:18.000 --> 00:53:22.519
<v Speaker 15>is shared. Therefore, it is more complex when assigning this number.

977
00:53:23.440 --> 00:53:25.719
<v Speaker 14>And for item two dash two point one point one

978
00:53:26.000 --> 00:53:29.239
<v Speaker 14>the ends of the yellow exercise band, whether you considered

979
00:53:29.280 --> 00:53:33.159
<v Speaker 14>two contributors or three contributors, both of your findings find

980
00:53:33.199 --> 00:53:38.119
<v Speaker 14>that Dawson Clancy was a contributor a potential contributor.

981
00:53:38.880 --> 00:53:44.079
<v Speaker 15>Both propositions, either to contributors or three contributors, had high

982
00:53:45.039 --> 00:53:47.880
<v Speaker 15>inclusionary stats for Dawson Clancy correct.

983
00:53:48.840 --> 00:53:49.840
<v Speaker 12>What's a non n million?

984
00:53:51.400 --> 00:53:53.480
<v Speaker 15>Non million is a very large number.

985
00:53:55.079 --> 00:53:58.199
<v Speaker 12>Do you know how many people are on Earth?

986
00:54:00.599 --> 00:54:01.239
<v Speaker 15>I know it's.

987
00:54:03.559 --> 00:54:07.840
<v Speaker 14>Gobbledegook At this point, Judge I object to his subgestions.

988
00:54:11.519 --> 00:54:12.599
<v Speaker 8>And how many councils.

989
00:54:14.039 --> 00:54:15.360
<v Speaker 12>Treat thank you honor?

990
00:54:18.400 --> 00:54:21.320
<v Speaker 14>One point seven none million? Is that more than there

991
00:54:21.360 --> 00:54:22.840
<v Speaker 14>are people on the earth?

992
00:54:23.639 --> 00:54:25.880
<v Speaker 15>That is more individuals that are on the Earth. But

993
00:54:25.920 --> 00:54:28.400
<v Speaker 15>I would like to clarify that a likelihood ratio is

994
00:54:28.559 --> 00:54:34.239
<v Speaker 15>not a random match, probability, or a rarity of that profile.

995
00:54:34.800 --> 00:54:38.440
<v Speaker 15>A likelihood ratio is a ratio that describes the probability

996
00:54:38.480 --> 00:54:42.960
<v Speaker 15>of observing the DNA profile if a certain person is included,

997
00:54:43.159 --> 00:54:46.679
<v Speaker 15>versus the probability of observing that DNA profile if a

998
00:54:46.760 --> 00:54:50.440
<v Speaker 15>certain person is excluded, or if it is another unknown,

999
00:54:50.559 --> 00:54:51.639
<v Speaker 15>unrelated individual.

1000
00:54:51.960 --> 00:54:54.280
<v Speaker 12>And you said a million is a very high number.

1001
00:54:54.119 --> 00:54:56.800
<v Speaker 15>Correct, Yes, that's a very large number in my opinion.

1002
00:54:57.079 --> 00:55:00.719
<v Speaker 14>So it's a very large probability that Dawson Clancy is

1003
00:55:00.800 --> 00:55:03.199
<v Speaker 14>a contributor to that mixture.

1004
00:55:04.639 --> 00:55:09.280
<v Speaker 15>It is a large likelihood ratio that provides support for

1005
00:55:09.360 --> 00:55:11.960
<v Speaker 15>the inclusion of Dawson Clancy to the profile.

1006
00:55:12.599 --> 00:55:14.880
<v Speaker 14>And then going to item two dash two point two

1007
00:55:14.960 --> 00:55:19.639
<v Speaker 14>point one the swabs from the middle of the exercise band,

1008
00:55:21.039 --> 00:55:22.280
<v Speaker 14>what were your findings for that.

1009
00:55:24.599 --> 00:55:28.079
<v Speaker 15>The DNA profile was interpreted as a mixture of two contributors,

1010
00:55:28.159 --> 00:55:31.559
<v Speaker 15>including male DNA. The DNA profile from this item is

1011
00:55:31.599 --> 00:55:34.559
<v Speaker 15>at least one point five non million times more likely

1012
00:55:34.679 --> 00:55:38.360
<v Speaker 15>if it originated from Dawson Clancy and an unknown individual

1013
00:55:38.559 --> 00:55:42.880
<v Speaker 15>than than if it originated from two unknown, unrelated individuals.

1014
00:55:43.440 --> 00:55:46.239
<v Speaker 15>This provides support that Dawson Clancy is included as a

1015
00:55:46.320 --> 00:55:49.880
<v Speaker 15>contributor to this DNA profile. The DNA profile from this

1016
00:55:50.000 --> 00:55:52.639
<v Speaker 15>item is at least three point six million times more

1017
00:55:52.800 --> 00:55:55.800
<v Speaker 15>likely if it originated from Callan Clancy and an unknown

1018
00:55:55.880 --> 00:56:00.000
<v Speaker 15>individual than if it originated from two unknown, unrelated individuals.

1019
00:56:00.599 --> 00:56:03.159
<v Speaker 15>This provides support that Callen Clancy is included as a

1020
00:56:03.199 --> 00:56:08.440
<v Speaker 15>contributor to this profile. The DNA profile from this item

1021
00:56:08.559 --> 00:56:11.079
<v Speaker 15>is at least one point four billion times more likely

1022
00:56:11.159 --> 00:56:14.400
<v Speaker 15>if it originated from Patrick Clancy and an unknown individual

1023
00:56:14.599 --> 00:56:18.400
<v Speaker 15>than if it originated from two unknown, unrelated individuals. This

1024
00:56:18.559 --> 00:56:21.920
<v Speaker 15>provides support that Patrick Clancy is included as a contributor

1025
00:56:22.000 --> 00:56:25.639
<v Speaker 15>to this DNA profile. Core Clancy and Lindsay Clancy are

1026
00:56:25.719 --> 00:56:29.639
<v Speaker 15>excluded from this DNA profile. The mixture DNA profile from

1027
00:56:29.679 --> 00:56:33.559
<v Speaker 15>this item is consistent with having originated from two individuals.

1028
00:56:33.960 --> 00:56:36.840
<v Speaker 15>There are three individuals who have a likelihood ratio that

1029
00:56:36.960 --> 00:56:38.440
<v Speaker 15>indicates an inclusion.

1030
00:56:39.480 --> 00:56:40.599
<v Speaker 7>Though there is support for the.

1031
00:56:40.679 --> 00:56:45.039
<v Speaker 15>Individual inclusions of Dawson Clancy, Kllen Clancy, and Patrick Clancy

1032
00:56:45.119 --> 00:56:48.960
<v Speaker 15>to the mixture DNA profile under the stated assumptions, these

1033
00:56:49.039 --> 00:56:53.039
<v Speaker 15>individuals cannot be present in the mixture together. Assuming one

1034
00:56:53.760 --> 00:56:58.199
<v Speaker 15>two contributors and two Dawson Clancy is one of the contributors,

1035
00:56:58.679 --> 00:57:01.800
<v Speaker 15>Kallen Clancy and pack Clancy cannot be present in the

1036
00:57:01.880 --> 00:57:06.079
<v Speaker 15>mixture together. Support for inclusion may be impacted by mixtures

1037
00:57:06.119 --> 00:57:10.320
<v Speaker 15>which contain relative, especially first degree relatives. Refer to the

1038
00:57:10.440 --> 00:57:12.679
<v Speaker 15>independent inclusionary statistics above.

1039
00:57:14.320 --> 00:57:17.960
<v Speaker 14>So this swab from the middle of the yellow exercise

1040
00:57:18.039 --> 00:57:22.559
<v Speaker 14>band you stated was a mixture of two contributors two people.

1041
00:57:22.639 --> 00:57:22.960
<v Speaker 12>Correct.

1042
00:57:23.440 --> 00:57:26.480
<v Speaker 15>Yes, I determined using my training and experience that the

1043
00:57:26.880 --> 00:57:30.400
<v Speaker 15>profile was a mixture of two contributors, and then you.

1044
00:57:30.519 --> 00:57:36.199
<v Speaker 14>Had three possible contributors Dawson, Callen, and Patrick.

1045
00:57:38.480 --> 00:57:40.000
<v Speaker 12>Or the two person mixture.

1046
00:57:40.480 --> 00:57:44.280
<v Speaker 14>So is it accurate that that relatedness issue was having

1047
00:57:44.320 --> 00:57:46.760
<v Speaker 14>an effect on those on that data.

1048
00:57:46.639 --> 00:57:47.360
<v Speaker 12>Or that result.

1049
00:57:48.039 --> 00:57:52.119
<v Speaker 15>Yes, relatedness of potential contributors was having an effect on

1050
00:57:52.199 --> 00:57:55.559
<v Speaker 15>this profile, and that is because so much DNA is

1051
00:57:55.599 --> 00:57:57.559
<v Speaker 15>shared between potential contributors.

1052
00:57:58.280 --> 00:58:02.119
<v Speaker 14>And what you stayed at the end that if Dawson

1053
00:58:02.199 --> 00:58:04.400
<v Speaker 14>Clancy is one of the contributors.

1054
00:58:03.840 --> 00:58:07.599
<v Speaker 3>Then cat she was unable to sleep. Isn't that right?

1055
00:58:08.199 --> 00:58:08.599
<v Speaker 7>Correct?

1056
00:58:08.800 --> 00:58:12.400
<v Speaker 4>I told you that lack of sleep was becoming a

1057
00:58:12.559 --> 00:58:14.320
<v Speaker 4>significant impact.

1058
00:58:14.000 --> 00:58:18.039
<v Speaker 3>On her life and that she had to see doctors

1059
00:58:18.119 --> 00:58:19.920
<v Speaker 3>and was on medication for that right.

1060
00:58:20.239 --> 00:58:20.599
<v Speaker 7>Correct.

1061
00:58:22.639 --> 00:58:25.920
<v Speaker 4>Again, the troopers were questioning you and directing you on

1062
00:58:26.039 --> 00:58:28.800
<v Speaker 4>your on your questions or your answers. And at one point,

1063
00:58:28.880 --> 00:58:32.199
<v Speaker 4>do you recall saying to the trooper, I loved my Lindsay.

1064
00:58:33.239 --> 00:58:34.199
<v Speaker 6>I loved my Lindsay.

1065
00:58:34.599 --> 00:58:34.760
<v Speaker 3>Yeah.

1066
00:58:35.719 --> 00:58:38.400
<v Speaker 7>I don't recall saying that. Okay, did you do I

1067
00:58:38.480 --> 00:58:39.039
<v Speaker 7>love Lindsay?

1068
00:58:39.239 --> 00:58:40.360
<v Speaker 3>Yeah? I did love Lindsay.

1069
00:58:40.440 --> 00:58:40.559
<v Speaker 8>Yes.

1070
00:58:41.960 --> 00:58:45.800
<v Speaker 3>Now when she when was she sleeping in the basement?

1071
00:58:45.840 --> 00:58:46.360
<v Speaker 3>Do you remember that?

1072
00:58:47.480 --> 00:58:48.239
<v Speaker 10>Do I know when?

1073
00:58:48.400 --> 00:58:50.440
<v Speaker 3>Or why? When? When was she sleeping in the basement?

1074
00:58:52.079 --> 00:58:53.519
<v Speaker 7>I honestly don't remember.

1075
00:58:53.639 --> 00:58:56.840
<v Speaker 4>Okay, do you remember if I suggest to you that

1076
00:58:56.960 --> 00:58:59.320
<v Speaker 4>it was around the end of November mid December that

1077
00:58:59.480 --> 00:59:01.800
<v Speaker 4>she was sleeping in the basement for a period of time.

1078
00:59:03.239 --> 00:59:05.280
<v Speaker 7>If you remember, I don't remember, I'm sorry.

1079
00:59:06.920 --> 00:59:09.039
<v Speaker 3>Did she indicate to you why she was sleeping in

1080
00:59:09.119 --> 00:59:09.639
<v Speaker 3>the basement?

1081
00:59:11.079 --> 00:59:13.400
<v Speaker 6>She I don't think she did.

1082
00:59:14.599 --> 00:59:15.519
<v Speaker 3>Would you agree that she.

1083
00:59:15.719 --> 00:59:18.480
<v Speaker 4>Was forthright with you, as fire as telling you what

1084
00:59:18.639 --> 00:59:20.599
<v Speaker 4>was going on in her life, as fire as her

1085
00:59:21.400 --> 00:59:26.079
<v Speaker 4>concentration and her inability to sleep in things of that nature, Yes, Sustine,

1086
00:59:28.440 --> 00:59:32.400
<v Speaker 4>would she tell you about those problems that she was suffering.

1087
00:59:33.719 --> 00:59:35.960
<v Speaker 4>She shared with me that she had postpartum and that

1088
00:59:36.079 --> 00:59:38.280
<v Speaker 4>she couldn't sleep, and as a result of that, you

1089
00:59:38.400 --> 00:59:39.639
<v Speaker 4>were pretty concerned.

1090
00:59:39.280 --> 00:59:39.920
<v Speaker 3>For her, weren't you.

1091
00:59:40.920 --> 00:59:43.599
<v Speaker 12>I really don't know much about postpartum, but I was.

1092
00:59:43.719 --> 00:59:44.880
<v Speaker 6>I would always ask her how she.

1093
00:59:45.039 --> 00:59:46.480
<v Speaker 10>Was or how she was doing.

1094
00:59:47.119 --> 00:59:49.559
<v Speaker 4>And in fact you noted that, in addition to the

1095
00:59:49.679 --> 00:59:52.440
<v Speaker 4>inability to sleep that she would speak about that she

1096
00:59:52.599 --> 00:59:54.760
<v Speaker 4>was unable to focus. To recall her ever saying she

1097
00:59:54.840 --> 00:59:56.559
<v Speaker 4>had difficulty focusing on things.

1098
00:59:56.840 --> 00:59:58.280
<v Speaker 7>I don't recall her saying that to me.

1099
00:59:58.559 --> 01:00:00.559
<v Speaker 3>How about Finn. Did you notice that she appeared to

1100
01:00:00.599 --> 01:00:02.000
<v Speaker 3>be losing significant weight?

1101
01:00:02.800 --> 01:00:05.039
<v Speaker 7>I did, and I commented to her about.

1102
01:00:04.800 --> 01:00:10.639
<v Speaker 4>That, okay, And you had occasion to see her as

1103
01:00:10.719 --> 01:00:14.000
<v Speaker 4>a mother playing with the children, obviously, right.

1104
01:00:14.400 --> 01:00:14.599
<v Speaker 2>Yes.

1105
01:00:17.519 --> 01:00:19.679
<v Speaker 4>Would the two of you stay in touch with each

1106
01:00:19.719 --> 01:00:22.760
<v Speaker 4>other by text even when she was out and you

1107
01:00:22.880 --> 01:00:24.599
<v Speaker 4>were home in their home.

1108
01:00:24.480 --> 01:00:25.480
<v Speaker 8>With the kids, yes?

1109
01:00:26.079 --> 01:00:29.840
<v Speaker 4>Fair to say that you would take many, many videos

1110
01:00:30.119 --> 01:00:33.559
<v Speaker 4>of the kids and send them to Lindsey.

1111
01:00:33.360 --> 01:00:35.039
<v Speaker 10>On her phone, right, I did?

1112
01:00:35.920 --> 01:00:41.119
<v Speaker 3>And fair to say that during that period of time.

1113
01:00:41.079 --> 01:00:46.599
<v Speaker 4>From your involvement as Rossi as a nanny, that you

1114
01:00:46.800 --> 01:00:51.079
<v Speaker 4>sent her videos of the children playing, and as we

1115
01:00:51.239 --> 01:00:54.039
<v Speaker 4>saw the baby taking a bottle and the baby eating and.

1116
01:00:54.079 --> 01:00:54.960
<v Speaker 3>Things of that nature.

1117
01:00:55.039 --> 01:00:55.159
<v Speaker 10>Right.

1118
01:00:55.800 --> 01:00:58.440
<v Speaker 4>Did she ever send you any videos or did she

1119
01:00:58.519 --> 01:01:01.199
<v Speaker 4>ever respond to your emails or videos?

1120
01:01:02.239 --> 01:01:03.960
<v Speaker 6>Yes, she responded to every.

1121
01:01:06.000 --> 01:01:08.039
<v Speaker 12>Most of my text she responded, tod.

1122
01:01:08.079 --> 01:01:11.440
<v Speaker 3>She seemed to be appreciative of your work. Yes, very

1123
01:01:11.559 --> 01:01:15.800
<v Speaker 3>much so, and in fact, she was pretty vocal about that.

1124
01:01:15.960 --> 01:01:18.920
<v Speaker 3>She thought the world. Are you right? Yes, thank you,

1125
01:01:19.159 --> 01:01:21.719
<v Speaker 3>Sally here redirect.

1126
01:01:22.000 --> 01:01:25.280
<v Speaker 6>One question and all that she told you about postpartum

1127
01:01:25.440 --> 01:01:27.400
<v Speaker 6>sleep and all that you observed in the house. Did

1128
01:01:27.440 --> 01:01:31.079
<v Speaker 6>you ever have any conversations with her about intrusive thoughts

1129
01:01:31.199 --> 01:01:32.400
<v Speaker 6>or thoughts of harming yourself?

1130
01:01:33.000 --> 01:01:37.440
<v Speaker 7>No, anything on that I me stipped out. Thank you,

1131
01:01:38.039 --> 01:01:38.920
<v Speaker 7>Thank you, counsel.

1132
01:01:38.960 --> 01:01:39.400
<v Speaker 3>Can I see
