The judge had rejected the prosecutions denial request and the doctor will be allowed to testify.
Dr. Greenblatt, PCP expert:
Rankin asks Greenblatt to recite his educational and professional credentials. Greenblatt is a medical doctor and works at Tufts University. Asked by Rankin, Greenblatt says he is certified by American Board of Clinical Pharmacology. Greenblatt has written 80 articles and authored 8 or 9 books.
Greenblatt says defense contacted him in Fall '14, to form opinion on effects PCP on humans. Greenblatt says he knows of the angel dust street name of PCP. Greenblatt now telling jury about one-time legitimate use of PCP as anesthetic, until made illegal in mid-1960s. Greenblatt: my opinion is PCP ingestion can cause psychosis. "Active hallucinations...in some cases...violent or aggressive behavior." PCP causes reaction essentially similar to schizophrenia. PCP psychosis side effects can appear and disappear quickly. Can last for months and can appear and disappear quickly and unpredictably. Greenblatt says the use of PCP can cause violent behavior.
Cross Exam:
Greenblatt says you can't determine a PCP user just by watching behavior. Have you diagnosed anyone in this case with using PCP? Greenblatt No
Bomberg asking Greenblatt if he's had direct contact with someone on PCP psychosis. Greenblatt says he might have as ER doc in the 70s. Greenblatt doesn't think professional athletes should be tested without cause.
Greenblatt doesn't recall contents of '74 article he wrote. Bomberg saying he didn't mention PCP in that article. Greenblatt "can't recall" if he's ever written an article about effects of PCP on behavior. Bomberg says Greenblatt flew out to LA to testify in a case & relied on drug company research. Greenblatt doesn't recall.
Bomberg: None of these awards you've gotten have anything to do w/PCP, right? Greenblatt: That's right.
Greenblatt says he hasn't had opportunity to go through his articles. Bomberg hammering home that the doctor has never even written an article about PCP. Although he says he can't say for sure.
Bomberg: what would cause someone to leave a club and grab a firearm? Defense: Objection Garsh: Sustained
Bomberg now comparing PCP 2 alcohol. Says that when violence happens through alcohol, it is often because of lowered inhibitions.
Bomberg: Opinion on marijuana, in context of violence? Greenblatt: don't know evidence marijuana causes violent behavior. Bomberg asked Greenblatt questions about alcohol. Reminder: evidence indicates AH smoked pot, and was 'intoxicated' the night of the murder.
Bomberg cites '88 Greenblatt article, suggests he said no PCP-violence link Greenblatt: "You should read the rest of it.."
Looking again at surveillance video of Wallace & Ortiz arriving at AH house night of murder. Video shows Wallace changing his shirt, Ortiz walking around the driveway.
Doctor: "I can't tell if they are or if they're not" (exhibiting PCP symptoms). Bomberg: Is it fair to say you can't tell anything about PCP? Greenblatt: I didn't say that.
"Would you agree with me PCP violence is rare?" Witness" "No, we can't tell the prevalence."Greenblat: Someone on PCP can harm themselves and others.
Greenblatt: people on PCP 'may or may not be controllable. Bomberg asking Greenblatt to say someone on PCP would be uncontrollable when committing violence. Greenblatt disagrees.
State shows doctor pictures of Altima - says he can't tell if there's any damage to it. Bomberg: would you turn your back on someone who just committed PCP-induced murder? Defense: objection Garsh: sustained
Eric Carita; a private forensic consultant:
Carita previously worked for Connecticut Dept Public Safety, forensics lab, DNA testing. Carita is describing how he does his job as a forensics examiner. Defense attorney James Sultan is on direct. DNA/forensics expert for hire. Can testify for defense, prosecution, and any other groups. Carita says he has testified about 95% for the prosecution, 5% for the defense. Here, retained by defense. January 13, 2015 - 16 days before trial began - Carita met with forensic scientists, mass state police at crime scene lab.
Carita used personal protective equipment - face mask, gloves, for DNA testing purposes. 1/13/15 Carita performed testing on swab taken from blue bubble gum found attached to a shell casing in dumpster. Carita used sterilized cotton swabs, tweezers to analyze DNA on the gum.
Cross Exam:
Bomberg has Carita's Linked In account info, reading it in courtroom. While at CT lab, Bomberg says Carita was moonlighting as private DNA/forensics consultant, something not allowed in MA. Carita says he received some discovery materials, not all that he requested from defense team.
Bomberg: Sultan viewed gum in late 2014 not using protective equipment, used non sterile pen, put gum non-sterile surface.
Bomberg pointing out problems CT lab had in 2011 audit that Carita previously worked for. Bomberg - did you tell Sultan your lab failed to pass audit in 2011? Witness No
Bomberg shows Carita AH's receipt for blue Bubble Yum on morning of murder.
Sultan on redirect:
Sultan notes in Connecticut, state crime lab employees allowed to work privately as consultants while Carita worked there. Sultan: Caritas was retained in this case for DNA swabbing, didn't need police reports to do that. Sultan discussing prosecution accusations that he mishandled the gum. Sultan: Carita was not present when Sultan inspected the evidence, but state troopers were there.
Bomberg on recross:
On recross, Caritas says he did receive police reports on DNA handling and on MA forensic lab. Apologizes, stating he was misinterpreting the question.
Jennifer Smith; DNA Anylast:
From Texas. 99 percent of cases where she's testified in have been criminal cases, has testified for prosecution & defense. Smith tested the gum swab provided by previous defense witness Carita. Witness says AH's DNA was on the gum. Defense claims that's how it got on shell casing found in dumpster.
Smith: received AH DNA report from MA state police crime lab. Her supervisor assigned her to conduct testing, not attorneys. 1/14/15, witness's DNA forensics testing firm in Texas received FedEx package from Carita in CT. The FedEx package contanined 2 swabs from Carita off the gum. Witness Smith now talking about steps she undertook to perform DNA testing on swabs Carita sent from CT.
Sultan: Is there DNA on all the evidence you test? Smith: No
Smith says there was a single male donor for the DNA on the gum swab.
Looking at paperwork of Smith's testing on the DNA sample.
Smith: There was a mix of DNA profiles on the gum. The major donor on the swab of the gum matched the DNA profile of Mr. Hernandez, defense witness says. Smith: 1 in 428 quintillion chance in black population that someone other than AH could have provided DNA sample on gum. Smith also saying other ethic demographic groups have low probabilities of anyone besides AH being sole of DNA on gum. Sultan: Can DNA transfer from one surface to another? Smith: Yes it can
Sultan shows pic of chewed bubble gum affixed to shell casing, asks Smith to explain probability of DNA transfer to casing. Smith says its 'extremely likely' DNA could have transferred from gum to casing given a lot of saliva in gum.
Pat Bomberg cross-examining Smith:
Pat Bomberg ends cross exam with question about other DNA traces on gum; Smith says non-sterile pen could account for them.
No further questions
Sidebar takes place. The two sides have agreed to stipulation. They agree blood taken from Lloyd tested positive for marijuana.
The Defense rest.
Rebuttal Witness:
Martin Brecher, a psychiatrist:
In '88, Brecher wrote at time assumption that PCP induced/promoted violence, but our review found that assumption false. Brecher: "Very few cases of violence" solely because of PCP.
(The witness is only allowed to testify to rebut defense witness. Won't let speak about no correlation between PCP & violence.)
Cross Exam:
Criteria only include when drug test is + for PCP and nothing else (even alcohol), and violence to others. Rankin pressing witness to concede paranoia, 'acute symptoms' of brain syndrome associated with PCP use. Defense gets Brecher to admit his article said PCP is a highly dangerous drug of abuse.
Re-Direct:
On re-direct, witness says Rankin left out parts of his article on cross exam. Bomberg: He's now bringing up all the sentences Rankin left out.