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.“I suppose.They’d probably have to rub their hands into the seat cushion.”“If your hands were handcuffed behind your back, they might be rubbing into the seat cushion, right?”“I don’t really know.”“As a matter of common sense, it’s certainly possible, right?” Duncan asked with a little smile, no trace of confrontation, wanting to suggest that he was simply asking Logan to admit the obvious.He was totally focused on Logan now, everyone else in the room forgotten.“It seems possible.”“What about a police station interview room? Is that a place where GSR could be?”Logan scoffed.“I don’t think people generally fire guns in police interview rooms,” he said.Duncan wondered if Logan was purposely being obtuse.“I’m not talking about GSR being there because a gun was actually fired in the room.I’m talking about GSR that someone carries in on their person or clothing, which then comes off in the room.”“That could happen, maybe a single stray particle, but I don’t think more than that, not unless someone walked in right after firing a gun.”Duncan had read up enough on GSR to know that what Logan was saying wasn’t accurate, though he didn’t know if it was out of ignorance or deliberate.“In fact, Mr.Logan, police stations are widely regarded as containing stray GSR particles in the manner I’ve just described, correct?”Logan shrugged.“I don’t know what you mean by ‘widely regarded.’”“Are you aware that studies have repeatedly found a high level of GSR contamination in police stations?”“I don’t recall seeing such studies.”“Are you aware that in many jurisdictions, a suspect’s hands are bagged when he is first taken into custody if the police are planning to perform a GSR test, precisely to avoid such contamination?”“We encourage the police to bag hands here,” Logan said.“But unfortunately it doesn’t always happen.”“In your written report, you state that, quote, ‘six particles of gunshot powder residue were found on the hands of the subject.’ Do you recall writing that?”“I recall that’s in my report, yes.”Duncan was moving in for the kill, but he doubted that anyone in the courtroom could tell.“But in your lab bench notes, you are more specific about the six particles you found, correct?”Logan frowned, taking a moment.“I don’t know what you mean,” he said.“You note that you found one particle that was a fusion of lead, barium, and antimony, and that the other five particles were just a fusion of lead and barium, correct?”“I’d have to review my notes.”Duncan handed Logan a copy of his lab notes, then gave a copy to Bream, who looked a little uneasy.Duncan suspected the ADAs hadn’t taken much of a look at the underlying forensic work behind Logan’s report, had assumed it was solid and that Duncan was just using this hearing to draw the case out.If so, they were in for a surprise.“Yes,” Logan said.“That’s what I found.”Duncan could feel his nerves grow taut as he got ready to ask the next question.“Are you aware, Mr.Logan, that a fusion of lead and barium is not sufficiently unique to be considered gunshot residue?”The courtroom was dead silent, Duncan savoring the pause while Logan considered his response.Duncan could tell he had Logan completely off guard.“I believe that particles showing a fusion of lead and barium can accurately be classified as GSR,” Logan finally said stiffly.“Especially when found in conjunction with a fused particle of lead, barium, and antimony.”“Are you aware that your belief is not shared by the FBI?” The question hung there for a moment in the silent courtroom.Duncan had them in the palm of his hand; he could feel it.He reminded himself to remain stoic, not let any sense of triumph show.“I don’t know what you’re referring to.”“In 2004 you went to a forensics training conference held by the FBI at Quantico, correct?”Logan was clearly surprised by the change of direction.“I did.”“Do you recall going to a session about GSR?”“Yes.”“Do you recall whether there was a discussion at that session regarding the fact that the FBI considered only the three-element fusion of lead, barium, and antimony to be sufficiently unique to be called GSR, not the two-element fusion of lead and barium?”Logan was shrinking on the stand, his shoulders hunching as he leaned into himself.“I don’t recall.”“I have a copy of the written materials for that presentation,” Duncan said, entering the exhibit into evidence.“Mr.Logan, could you please read the highlighted passage?”Logan squirmed in his chair as Duncan approached him.“‘Because a fusion of lead and barium is not unique to GSR, but can also be found in certain paints, in brake linings, and in other industrial materials, the FBI considers only a three-element fusion of lead, barium, and antimony to be sufficiently unique to be considered gunshot residue.’”“Does reading that passage refresh your recollection regarding what you learned at that FBI training session?” Duncan asked.He hardly cared how Logan answered: the point was made.He had the state’s expert boxed in, and he didn’t see the guy coming up with a way out.“I don’t work for the FBI, so even if that’s their standard I wouldn’t be required to follow it,” Logan said, looking over at the prosecutor’s table for rescue.Duncan took a step away from the podium, wanting to draw Logan’s attention back to him.“Because you personally view the two-element fusion as being sufficiently unique to be considered GSR?”“When found in conjunction with three-element particles as well, absolutely,” Logan replied, glancing back at Duncan.“What’s your support for this belief?”“My own professional experience,” Logan said, his eyes downcast.“Are you aware of any secondary sources, any scholarly materials, any law enforcement agencies, or anything, for that matter, outside of your own experience, that supports the idea that your view is right and the FBI’s view is wrong?”“I’m a trained expert in this area.” Logan was finally showing at least a little bit of fight.“I see,” Duncan said mildly.“Is that because you go to training sessions like the one at Quantico?”“In part.”“It doesn’t seem like you paid a whole lot of attention there, did you?” Duncan said, allowing himself to put some edge into it.“Objection,” Bream said sharply.“Sustained,” Judge Lasky said, but his voice was muted [ Pobierz całość w formacie PDF ]