Richard Eikelenboom testimony (DNA scientist)
July 13, 2010 - hired couple days before
ever told you must render a report with an opinion - never other than
HHBP - provide following info...form written plea...expert cv, field of expertise/med speciality, statement of specific subjects will testify and offer opinion, what base opinion, summary of ground and reason for opinion..
Never told this.......that he remembers
living in Netherlands - contacted by phone, email and skype....do not remember put in writing a report....he has been instructed by Mr. Baez and Michelle - 5/2011 to today were you ever asked to reduce your report in written format outlined? last saturday after we went to Dist. Atty's office when we were refused....last Sat. wrote a short report.
between Dec. and May 1, 2011 - how many times communicate with DT? inspect evidence and shortly after talked with them lost contact didn't hear from him anymore....
were you readily available by email, skype or telephone during this time? yes dT could have contacted him....
JB - is this first time anyone ever asked you to write a report on a case? Not A case but ones with perameters like in this case.....based upon things you have done...ie: run samples of dna, inspect something....could be on investigations they have performed or going ovver other reports ....contact with your company back in Jan 2011 done with your wife and Ms. Medina - not directly with you....info got back to you from Ms. Medina to wife to him....object-overrule
Jb what you ended up doing was based upon what wife told you....short affidavidt...fill out all the work you had done up to that point....evidence viewing - went to inspect piece of evidence but denied, then inspected evidence and took photos....were ever told narrow or exclude from your report? No...the report you submitted was what you thought was required of DT - never spoke directly w/Ms Medina about court order - conversation with wife then later spoken to you....remember what your wife told you? no....don't remember conversation @ all...it was very busy transfer from Holland to US....didn't think much about this affidavidt - first broached this on Saturday afternoon discussing case after court session...write report topics talking about....not opinions you held before and we discussed prior to Saturday? correct - on Friday I made a power point presentation - general explain of touch dna and how pcr works - not specific to this case only to explain touch dna...upon conversation on Sat...immediately asked to take depo on new information topics might be allowed to talk during court - appointment w/SA office to do deposition - refused entrance by DA - JA agrees - what did he say? don't recall exact - not going to do deposition....was he polite? sounded kind of rude....JA shakes head and laughs.....instructed by Ms. Medina to do a report and email to JB saturday night.
JA - any opinion ....
Dr. said he got new info from DT on Friday ....FBI reports given to him on Friday - got the whole folder....seen reports before during investigation of evidence....form opinion about case ...during last week he requested more info - all digital info give....realize there were extra reports....
HHBP - reciting law McGuffy vs. State 2007 Fl Supreme court decision - 1) whether discovery violation was willful or inadvertant - on 12/10/2010 court entered order - granting States Motion for clarification for further discovery.....subsequent hearing determined some dispute prior order court enterred and include list of expert, subject matter, area of expertise for each expert.....debate about subject matter rather than substance....list provided by DT doesn't comply with intent of order in 11/29/10 hearing - clarify issue court ordered - where experts have not prepared reports ....both sides required to provide previously outlined ...court thought matter was clear - in Jan court back again to deal with issue again....going to back to 12/10/2010 - specifically provided respect to all other experts provided by 3pm 12/13/2010 different dates for Dr. Fairgrave and Dr. Bock to 12/14, reassessed court order and assess sanctions..l..it is Atty's job to
Frye hearing will be allowed -
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