dunn transcript
TRANSCRIPT
IN THE STATE COURT OF DEKALB COUNTY
STATE OF GEORGIA STATE OF GEORGIA )
) CASE NO. 11C36608vs. )
) , )
)DEFENDANT. )
A partial transcript of the JURY TRIAL before the HONORABLE DAX E. LOPEZ,
commencing September 6, 2012 .
DeKalb State Court, Division VI
APPEARANCES: FOR THE STATE: William Richardson,
Assistant Solicitor-General
Clarence Duchac,Solicitor General Apprentice
FOR THE DEFENDANT: Adam Klein,
Attorney at Law
LEQUETTA CARTER WALKER, CCR556 N. McDonough Street
Suite 3240Decatur, Georgia 30030
(404) 687-7136
CROSS-EXAMINATION OF OFFICER T.P. DUNN
BY MR. KLEIN
Q. And you said that the HGN test, itself is
indicative of -- I wrote this down -- indicative of
alcohol consumption and that violation of six out of six
of the tests -- of the signs, is evidence that someone is
most likely impared; is that a fair characterization?
A. That -- I don't understand what your question
is.
Q. Earlier you testified that six clues out of six
is indicative of the fact that someone is most likey
impaired, most likely.
A. Four out of six clues, based on the studies and
my training, is indicative that a person is most likely
impaired over a .08.
Six out of six clues, they are going to be
above a .08. When he was asking about the minimum number
of clues, four -- a minimum of four out of the six clues
is indicative, based on --
Q. It's your testimony that six out of six is
conclusive proof that someone's blood alcohol content is
more than a .08?
A. Yes, sir. And that is based on the studies
that NHTSA had put forward. If you have a person under
alcohol (as stated) that attributes and shows six out of
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six clues, their blood alcohol content will be over
a .08.
Q. You can say that, based on your expertise, with
certainty?
A. I can say that based on, if it is alcohol
alone, based on my training, based on the studies and
based on the NHTSA manual that even states that six out
of six clues is going to be -- a person is going to be
over a .08.
Q. Can you tell me which study it is that shows
that the six clues out of six means conclusively that
someone's blood alcohol is more than .08?
A. Well, if you want to talk about the validation
study that was done in Florida, Colorado and San Diego,
the last study that was done by mostly DREs that was --
stated that just with, just by itself, with HGN, on
alcohol alone, is between 77 and 88 percent accuracy that
a person's blood alcohol level is above -- just with four
clue is above an 08 (as stated) and six out of six it
will above a .08, based on six out of six clues. And
that is the validation study that was conducted in San
Diego, Florida, and Colorado.
MR. KLEIN: Your Honor, may we approach?
(BENCH CONFERENCE OUT OF THE HEARING OF THE JURY)
MR. KLEIN: I don't know what to do about this.
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He can't misstate the study. There is no such
evidence.
THE COURT: You asked him what his knowledge of
the studies were. He is telling you what he thinks
his knowledge is. This is your line of questioning,
not the prosecution's line of questioning. If you
have something to refute him, by all means, go
ahead.
MR. KLEIN: Your Honor, if we could have a
brief recess, I would like to produce the studies.
THE COURT: How brief?
MR. KLEIN: A few minutes, maybe 20. He is
flatly misstating the science.
THE COURT: You asked him a question. I don't
know why you asked him the question that you asked
him.
MR. KLEIN: In anticipation of --
THE COURT: In my ruling, I am taking into
consideration that you are the one who asked the
question. I don't know why you asked the question.
I will give you a brief recess. This trial is
already running a lot longer than it should be.
10 minutes, and then I'm getting started.
(IN OPEN COURT)
THE COURT: Ladies and gentlemen we are going
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to take a short break. I ask you to come back when
we are ready to go.
(WHEREUPON, THE JURY RETIRED FROM THE COURTROOM.)
(BRIEF RECESS AT 3:04 P.M.)
(JURY RETURNS TO THE COURTROOM AT 3:23 P.M.)
THE COURT: Mr. Klein you may proceed.
(TRIAL PROCEEDINGS RESUMED)
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