On the Record is back live in Modesto (search) Monday through Thursday night. The temperature has dropped since last week so I have brought a down vest to wear under a jacket for the show. There is high risk that I will look like the Pillsbury Doughboy with the down vest under my jacket.
As we launch into the second week of testimony, I have many questions. For instance I would like to know what clothes Laci was wearing when her body was recovered. Her sister Amy Rocha (search) testified on Friday that she saw her on December 23 and she was wearing khaki pants and a black blouse. If her body were found clothed in those clothes it seems likely -- but not positively -- that she was killed on December 23. Scott claims he saw her alive on December 24 when he left to go fishing.
Most lawyers think the mitochondrial DNA (search) testing of the hair found in the pliers in the boat will be admissible evidence against Scott. You might wonder why Scott's lawyer asked the FBI experts so many, many, many questions. The questioning seemed to go on forever.
There are two reasons: First, there is a chance the trial court judge will find this type of DNA typing unreliable and hence inadmissible. Mitochondrial DNA testing is far less specific -- and identifying -- than the nuclear DNA testing used in the OJ Simpson case.
Second, Scott's lawyer will get a transcript of the prosecutor's expert and give it to his expert to study prior to the trial. His expert will attempt to find "errors" or "disagreements" or "inconsistencies" in the prosecution's expert's testimony that will be used to cross-examine the expert before the jury at the time of trial.
Thus Scott's attorney wants to draw out of the prosecution expert as much information as humanly possible. Likewise, the prosecution will do the same to the defense expert's testimony. There is nothing wrong with both sides doing this, but neither will admit it since this purpose extends beyond what is the supposed purpose of the expert testimony at the preliminary hearing.
Watch On the Record with Greta Van Susteren weeknights at 10 p.m. ET