To: John Jamieson
John,
In regards to Dusek, Hall testimony. First it was very painful to read. Second it is probably the best evidence I have seen of how our court system is not set up to deal with technical data. Hall was required many times to answer yes or no (the judge said answer yes or no, not even option for don't know, or does not apply) to questions on hypothetical examples with incorrect data as part of the question.
Dusek spent 1/2 his time arguing that Hall criticized Goff on average temperatures and that Hall was in error because Goff wrote median and Hall said average (which in this case were the same). Hall's main criticism of Goff was that he used degree hours versus degree days for thermal calculations when Goff had no hourly temperatures to deal with (he made them up by averaging daily temperatures.
When Hall finally discusses one subset of Anderson's data that would lead to early Feb., it was with only one type of fly. The other fly type was in the 12th range and the other data sets for both flies came out 12th or later.
I also found it troubling that Dusek was able to make snide remarks like "you do know who to calculate that don't you?" and "your flies" to Hall and not get any warning from the judge.
Then there was this in the transcript:
DUSEK
Q ARE YOU SAYING CLOSE ENOUGH FOR A MURDER CASE?
A. NO. WHAT I'M SAYING IS THAT --
MR. FELDMAN: THAT'S ARGUMENTATIVE, OBJECTION, YOUR HONOR.
THE COURT: THE DOCTOR'S ALREADY ANSWERED IT. OVERRULED.
So does that go down as a NO? That certainly was not the intent of the answer, but there was no follow up question.
Frustrating
To: clearvision
Dusek was desperate alright. I still haven't figured out if he purposely confused the jury with his DAYS vs DEGREE-DAYS mixup. I think the answer is a likely yes, but Super Feldman will fix it.
To: clearvision
Dusek spent 1/2 his time arguing that Hall criticized Goff on average temperatures and that Hall was in error because Goff wrote median and Hall said average (which in this case were the same). Not to be picky, but "median" and "average" are not the same thing (although, coincidentally, they might have been the same thing in this case). It just depends on what you are looking for. "Median" vs. "mean" can often have very different results; it's one of those "lie with statistics" type of things.
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