(NOTES FROM CIVIL TRIAL)
Rayburn: He is a criminalist with the DCI does alcohol testing and belongs to the IACT. He has participated in 15 studies on alcohol impairment. On Oct. 30 he did the test on Rokes BAC. The specimen was held in a walk-in cooler, access to this cooler is only by the evidence technicians and lab personnel. Biological samples are refrigerated. The box was sealed, vial analyzed, there was no seal on the tube. It was #1058 Oct. 30, 1996. They issued a factual report, .087 grams of alcohol the lowest read is put on the report. There are 4 reads 0.087, 0.089, 0.089, and 0.091. Serum is BAC is 10-20% higher than whole blood, it could be .11-.10 from .087.
Rayburn: At .087 common signs and symptoms are reduced reaction time, reduced depth perception, loss of peripheral vision, impaired motor skills such as balance, coordination. Common field sobriety tests are give such as the walk and turn, writing one's name, and so on. At .05 there is a decrease in motor skills, depth perception, and so on. Outward appearance may vary by individual and drinking history. Measurable decreases in skill such as reaction time, mush mouth, etc. With experienced drinkers the body overcomes some of the outward signs of alcohol. Impairment would not be unusual for a person with experience. .087 is definitely impaired.--ability to safely operate a motor vehicle is impaired.
Yagla: It is always the purpose to have an accurate analysis. Rayburn: .01 decrease would happen naturally with the enzymes. The BAC should be up to .097 with a variance of 10%--not an error. the error rate is 5% or .004 which ever is greater.
Hall: Is the lapse of time important from the crash to the time the blood is drawn. Rayburn: He would expect a difference between time of taking and of the crash.
Yagla brings in the pyloric sphincter valve. One gets the effect of the alcohol when it get to the brain. Alcohol is a CNS depressant. Han not much effect on the nerves. He had two samples and analyzed them twice. BrAC test and BAC are the same. BrAC is slightly lower than blood, but it depends on the quality of the sample and so on.
The Judge calls it a day. It is nearly 5 pm.
April 12, 1999
Yagla: "Can't let them (jury) know about my level of ignorance." Yagla rustles through a bunch of papers. Wants to know what the BAC was at 11:00 p.m. Rayburn says the BAC is always changing, will level out before it reaches the maximum. Sample was drawn at 12:20. Yagla tried to say there was another test (blood) and the other test was at 11:30 p.m. CRayburn: Half an hour would make a difference. GYagla: Approximately tell how much difference. Rayburn: During absorption BAC is going up--alcohol is absorbed into the blood and body tissues, metabolism takes over and absorption and elimination start as soon as you start drinking. Alcohol is processed by the liver, exhaled in the breath and urinated, but only a small part.
Rayburn: We're all different like snowflakes, however metabolism is at a fairly constant rate.
GYagla: I've been reading trying to become a chemist, I read eleven articles this weekend. (Eleven, so what. I wonder what he'd think of my stacks of paper and books. I'd put him to shame. Of course, if they were the correct eleven, they might do some good.) CRayburn: .015-.020 per hours decreases is grams per hours. It's a significant variance? CRayburn: No sir, not to me.
Hellman: No Q.
Hall: What were the four levels? .087, .089, .089, and .091. At what level is a person impaired? Rayburn: Impairment begins starting at .04-.05.
Hall: Would these levels affect a person's ability to operate a motor vehicle? CRayburn: in my opinion it would. Most of the alcohol id destroyed by ADH enzyme in the liver. ADH takes time to breakdown the alcohol. How long? For the complete use it takes about 30 days. When was the test done? Tested Rokes' blood 20 days later, the enzyme may have had an effect on the blood sample. The ADH would decrease the alcohol concentration of the blood.
Yagla: You only had one sample. Do you know who Widmark is? Yes. Explain who Widmark is? Rayburn: The father of BAC testing.
Yagla: Do you know who Dubowski is? Rayburn: He is an alcohol expert. Clerks asks how to spell Dubowski--Yagla: The conventional spelling of Dubowski. Did you have anything else to examine except the blood sample from TAR? Rayburn: No.
Dr. Dubowski " forensic problem at trail. . ." Yagla quotes from the Journal of Studies on Alcohol and Highway Traffic Safety 1985. Hall objects and there is a conference with the judge and the jury is excused. Yagla and Hall argue about Dubowski and the enzymes in the blood sample. Yagla pages through his articles. Can't find what he is looking for.
Hall objects--improper impeachment--hearsay Dubowski is not a recognized expert by the witness, and neither are his learned treatises which are based on personal studies and Rayburn didn't recognize this during the voir dire. The articles are old dating to the 1950's.
Yagla: Misunderstood have Ms. Hall withdraw the question. Judge Lindgren: Reminds the jury testimony is in person or by deposition, interrogatories, etc. Statements, comments, etc. by the lawyers are not testimony.
CRayburn: I would expect the BAC to be slightly higher if any. GYagla: Slightly higher or unchanged? The absorption, that is the process that gets it into the blood--Objection--Sustained. Rayburn is finished.