Free Response - District Court of Arizona - Arizona

1 II TERRY GODDARD
ATTORNEY GENERAL II (FIRM STATE BARNo. 14000)

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AARON J. MOSKOWITZ
ASSISTANT ATTORNEY GENERAL

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5 II TELEPHONE: (602) 542-4686 6
RESPONDENTS
II

CRIMINAL ApPEALS SECTION 1275 W. WASHINGTON PHOENIX, ARIZONA 85007-2997 (STATE BAR NUMBER 022246) ATTORNEYS FOR

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
WILLIAM FLOYD SMITH,
Petitioner,

CIV 04-573-PHX-FJM (MS)

-vs
DORA B. SCHRIRO, et aI., Respondents.

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EXHIBIT K, PART 4, PGS.120-159 FOR ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS

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the age of 18, so in terms of its safety or in terms of its ability to have the effects that are desired, it has not been tested. But for adults, it's going to depend

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upon the physiology, because we are -- all adults are all different in the way that they can break down the drug and how it's going to affect them. It's going to

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depend on that, most certainly also depends on the dose.

Q.

Can you determine the doseages based on

your readout from your urinalysis? A. was present. No. There was no, no measurement how much

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Q.

Are you familiar with the line of drugs

used as antidepressant?

A. drugs. Q.

Yes.

I am familiar with antidepressant

In the first list you give us six major

groups, wasn't one called antidepressant?

A. Q. A.

No.
Is there a group It's a group in the sense that these

drugs, antidepressants would be drugs given to people that suffer from depression, whether mild or severe.

Q.

Would that group of drugs as

antidepressants be scattered within the other group you
mentioned as a group name?

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121 1 2 3 A.

Some of, some of the benzodiazepines have

been shown to treat depression, but particularly the benzodiazepines are used for anxiety as far as the other

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categories, which aren't up there, other categories, the
barbiturates. Barbiturates sometimes have been employed

to treat depression.

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Q.

Are you specifically familiar with the

drug imipramine? A. Q. A.
antidepressant. Yes, I am. What is that drug classification? That's referred to a tricyclic It would be used for somebody that's

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that needs drugs for treating depression.
Q. Again, in the preliminary tests, if a

person was on imipramine, would that show up? MR. GRIFFITH: I'm going to object. There

has been no testimony about this drug.
MS. BOWEN: Yes, there

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MR. GRIFFITH: different drug.
THE COURT:

There was testimony about a

One at a time.

The objection is there has been no testimony regarding this drug. argument?
MS. BOWEN:

And Ms. Bowen, your

Ms. Tseko's mother indicates

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that's the, that's the drug she was taking.

Defense

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counsel questioned whether she got into that drug. MR. GRIFFITH: I asked about a different

drug not found in PDR or anywhere else.
it.
THE COURT:

She is twisting

Just a second.

There has been

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production into evidence of the drug imipramine. Overruled. BY MS. BOWEN: You can proceed.

Q.

Is imipramine, does it metabolize

consistent with the metabolites in the benzodiazepine group? A. Q. No.
Is Imipramine going to be misidentified or

a metabolite be misidentified as alphahydroxytriazolam?

A.

No.

They are different molecules, not

only in the preliminary test that is done, it's been shown by the company that manufacturers these kits, it's been shown imipramine does not cross-react, give false positive results with benzodiazepine test. They would

take imipramine, put it into that test to test benzodiazepine, it would be negative. It's doing what

it's supposed to be, not identifying imipramine as benzodiazepine.

Q.

I'd like to show you what has been marked

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as Exhibit 29. May I approach?
THE COURT:

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Yes.

BY MS. BOWEN:

Q. A. Q.

Do you recognize that document?
Yes, I do.

And did you compare it to a note that you

brought from your own A. Yes. It's the same copy that I have.

Q.

And is the confirmatory analysis you

performed regarding categories, categorizing the preliminary test of benzodiazepine into the specific test of which metabolite it was?

A.

Yes.

The notes that are there reflect the

confirmatory analysis that was done and the result that I got.

Q. reveal? A.

And what did your confirmatory test

It revealed that the drug that was present

was alphahydroxytriazolam. Q. Is there any way that is confused

metabolite from imipramine? A. No.
MS. BOWEN:

The State moves to have 29

into evidence.

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MR. GRIFFITH:
THE COURT:

No objection, Your Honor.
All right.

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29 is admitted.

BY MS. BOWEN:

Q.

In addition to the urine sample, you were

also asked to test a bottle of sparkling cider; is that correct?

A. Q.

That's correct.
And does your record indicate how you

would be able to identify that bottle from any other bottle that's been submitted to you?

A.

The notes reflect that the bottle, again,

was properly sealed in a plastic bag that had an identification tag that was consistent with the Maricopa County Sheriff's's Office number, the record number, so that that is associated with the case.

Q.

I'd like to show you what has been marked

and moved into evidence previously as Exhibit 21. May I approach?
THE COURT:

Yes.

BY MS. BOWEN:

Q.

If you could please review the label

that's on that bottle, the Maricopa County Sheriff's evidence label and identify it being consistent with the bottle you've tested?

A.

Yes, the, Sheriff's Office number is what

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is recorded in my notes. Q. Also, on the log sheet it reflects item

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number 116 which is the evidence number marked on that bottle; correct? Not the green tag on the Maricopa

County Sheriff's Office.

A. Q.

Yes, it's item number 116.

Specifically, were you doing a

preliminary -- was a preliminary test done to determine whether or not that bottle contained any drugs?

A.

Yes.

A preliminary test, same preliminary

test that was done on the urine sample was to be on the sample that was in this container.

Q.

In any major difference between testing a

urine sample versus a wine sample

--

or, cider sample?

A.

Well, it's a different fluid, but the, the

test that's used will find drugs that are present in a

sample, in cider as well as it would find drugs present in a urine sample. Q.
And, again, if a preliminary test did not

reveal benzodiazepines, you would not go on to do a confirmatory test?

A. Q.

That's correct.
In the preliminary test, did the

preliminary test reveal that there was any benzodiazapine in the sample?

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A.

The preliminary test for benzodiazapine

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was negative in the sample.

Q.
as Exhibit 27.

I'd like

to show you what has been marked

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May I approach?
THE COURT: BY MS. BOWEN:

Yes.

Q.
us?

Can you please identify that document for

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A.

Yes.

This is, again, the form that is

used when we -- our lab form when we used to test drugs in fluids.

It's reflective of this case. It also reflects that you're testing that

Q.

Martinelli's Sparkling Cider? A. Q. testing? Yes.
The sample was tested.

And those are the notes regarding that

A.

That's correct.
MS. BOWEN:

The States moves to have

Exhibit 27 into evidence. MR. GRIFFITH: THE COURT: No objection.

All right.

27 is admitted.

BY MS. BOWEN: Q. as Exhibit 9.
I'd like to show you what has been marked

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May I approach?
THE COURT:

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Yes.

BY MS. BOWEN:

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Q.
us?

Can you please identify that document for

A.

Yes.

This is the scientific examination

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report that I issued for this case. Q. And it basically encapsulates for us the

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findings regarding the urine sample and the sparkling cider sample?

A.

That's correct.

Both the results of the

analysis on the urine sample are indicated on this as well as the results of the analysis of the bottle. MS. BOWEN: Exhibit 9 into evidence. MR. GRIFFITH: Honor.
THE COURT:

The State moves to have

It's cumulative, Your

Pardon me?
I object. Overruled.

MR. GRIFFITH:
THE COURT: admitted.

It's cumulative. Exhibit 9 is

BY MS. BOWEN:

Q.

Are you familiar with the forms in which

Halicon is dispensed?

A.

The forms, you means in terms of pill or

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capsule?

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Q.
A.

Correct. I'm only aware of a pill form of Halcion, .125

two different sizes, or two different amounts, milligrams and .25 milligrams. Q. would you -

Are those amounts relatively small or how

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A.

That's a relatively small amount as far as

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prescription drugs are concerned.

Q.

Does the fact that the drug itself is

dispensed in small amounts have anything to do with how it reacts in the analysis?

A.

Yeah.

Well, I mean, logically a smaller

amount that's present is going to be harder for me to find. It's going to be more difficult. It's going to

be less there to find.

So, somebody who has taken a

prescription like Halcion, is taking Halcion, there is not going to be lot of it in their body unless they overdose, take 8, 10, 12 pills. So because it's a small

amount to begin with, there is going to be a smaller amount, or small amount to detect. Q.
Are you familiar with the chemical

structure of Halcion?

A. Q.

I'm fairly familiar with it.
To your knowledge -- or, do you know, is

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Halcion water-soluble?

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water-soluble.

It's considered not to be very If you look at the different chemistry

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books that talk about solubility of drugs, it's referred to as not very soluble in aqueous or in a water
environment.

Q.

Does that sparkling cider differ in some

fashion from water?

A.

Yes, it does.

Primarily it differs -

obviously it's apple juice, has got water.

But, the

particular component of this sample of apple juice is pH. That is how acidic or alkaline it is. And apple

juice is more acidic than pure water.

That is important

in solubility because the acidity or pH of a liquid will affect how a drug or how a substance will dissolve in it. Q. Is Halcion soluble in acid?

A. Q.

It's more soluble in an acid liquid.
Is there anything about the chemical

structure of Halcion that causes it to react when it's dissolved in an acid base?

A.

Yes, there is.

The Halcion, you know, the

pill that you -- you, someone would take, is not all drug.

It's not triazolam pushed up into a little pill.

It has a bunch of other little things in it, helps the

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body take it in, helps you swallow it, helps to not give you a bad reaction in your stomach. And there are some

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carbonates or some things that are basic substances in the pill that if -- when it's placed in an acid environment, will react. If you -- you know, something

like Alka Seltzer, when you put it in water, it fizzes. Halcion, when it's put into an acidic environment, will
have a reaction like that, not because of the drug, but because of the fillers that are in it.

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Q.

Does that reaction continue throughout the

time it's in the acidic base?

A.

No.

I actually ran a couple of What I found was,

experiments to demonstrate this.

initially when I crushed up a .25 milligram tablet of Halcion, put it into eight ounces, approximately eight ounce of Martinelli's apple juice, apple cider, there

was an initial reaction that was fizzing, a little bit
of foaming, like you would see in Alka Seltzer, not quite as extensive. within one -- or, less than two

minutes that reaction stopped and you couldn't tell there was anything different as far as the reaction from that sample and a sample that didn't have anything put

it in. Q.
Were you able to observe the color or

integrity of the cider prior to putting the Halcion in

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it, and observe it again after you put the Halcion in

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it? A.
Yeah. After I placed the tablet, crushed

tablet into the apple cider, I observed it at 2 minutes, at 5 minutes, at 10 minutes, 20 minutes, 30 minutes. Along side of it, I had a glass of apple cider with nothing in it, Martinelli's. I made notes as far as I did a I

comparing the two over the course of that time.
few things:

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I smelled it -- I didn't taste it.

didn't want to taste it.

I smelled it, looked at it, In

took the pH of it to see if that had changed.

essence, the only thing I could note that was different between the two was the one that I put the Halcion in was -- had a slight cloudy look to it. powder suspended in it. through it. There was, like,

Wasn't like you couldn't see It wasn't like

I had it in a glass beaker.

you couldn't see through it. little cloudiness to it.

It looked like there was a

What that told me was, in

essence, that the, the tablet didn't completely dissolve

but was suspended in the liquid. dissolve to make it totally clear. Q.

It didn't completely

I'd like to show you what has been marked

and moved into evidence previously as Exhibit 22. May I approach?
THE COURT: Yes, yes.

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BY MS. BOWEN:

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Q.

Was the degree in change in the apple

cider that had the Halcion in it significant enough it
would be visible while looking through that mug? MR. GRIFFITH: calls for pure speculation.
THE COURT: Overruled.

Objection, Your Honor,

If you can answer

you may go ahead.
THE WITNESS:

It's my opinion that if

there was a crushed-up tablet of Halcion in a glass, in this glass that had Martinelli's apple cider in it, unless you were to stare at it, look at it, hold it up to the light, look at it for a lengthy period of time, you would not be able to tell something had happened to it by looking at it. BY MS. BOWEN:

Q.

Is there anything about the chemical

structure of Halcion that distinguishes it with a distinctive flare or odor?

A.

I'm not aware of the odor.

I didn't smell

anything that was different from just the plain apple cider.
As you know, apple cider, it has strong smell to

it anyways.

That's what I smelled in the experiment I

ran. Q. You also indicated you took recurring pH

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analysis of that cider that had the Halcion in it?

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A. Q. A.

Yes, I did.

Did the pH change? No. That has some significance. When you

get things that change pH, often times there can be

association of taste or smell that changes to it.
note there was no pH change over the course of that time.
MS. BOWEN:

And I

I have no other questions of

this witness, Your Honor.
THE COURT: All right.

Let's stand and I'd like

stretch, if you like to, Members of the Jury.

to have you, Mr. Griffith, please proceed with what you can of this witness' cross-examination. MR. GRIFFITH: Thank you, Your Honor.

Before we go, I'm going to stand and stretch too.
THE COURT:

Would counsel please approach?

(Side-Bar Conference, off the record)
THE COURT:

Members of the Jury, we have,

at the most, until about quarter to 5:00, the next 20, 25, minutes or so. Would that cause any inconvenience

to you, given rides or other plans? Okay.
4:45. Thank you. Go ahead, Mr. Griffith. So we will plan on going up to

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C R 0 S S - E X A M I N A T ION BY MR. GRIFFITH:

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Q.

I'd like to start with what we can agree

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on, then we can get into some of the other aspects.
MS. BOWEN:

Objection, Your Honor.

May we

approach?
THE COURT:

Yes.

(Side-Bar Conference, off the Record). MR. GRIFFITH: BY MR. GRIFFITH: Go ahead, Mr. Griffith.

Q.

Sir, did you bring any Halcion tablets

with you we could introduce into evidence and do our own experiments?
MS. BOWEN: THE COURT: Objection.

You can ask whether the stop

witness brought any Halcion tablets with him. there. BY MR. GRIFFITH:

Q. you?

Did you bring any Halcion tablets with

A.
Q.

No, I did not. You testified, I think, in error on direct

examination that you found a metabolite of Halcion. Would you like to withdraw that statement at this time?

A.

No, I would not.

I testified correctly.

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Q.

You cannot say that you found a metabolite

of Halcion, you can only find a metabolite of triazolam?

A.
in Halcion.

Technically, triazolam is the drug present

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Q.

Just like triazolam is present in other

drugs, it's not present solely in Halcion; is it?

A.

According to the PDR, according to the PDR '94, PDR under the drug

back -- I looked at the '93,
triazolam.

The only manufacturer of that was who was

using that drug was found in Halcion?

Q.

What about Greenstone labs? The PDR that I looked at did not indicate

A.
another lab. Q. A. Q.

What about generic drugs? It did not indicate that. Did you follow-up on that in response to

my questions last year as to whether or not Greenstone laboratory was manufacturing a triazolam tablet?

A.

I don't recall MS. BOWEN:

If we could voir dire as to

foundation.

Given the way drugs are processed, a

certain period of time the drug would be under patent,
if Mr. Griffith is referring specifically to 1994 that

this was done.
THE COURT:

Are you asking to voir dire at

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this time?
MS. BOWEN:

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Or lay further foundation as

to how he would identify when Green MR. GRIFFITH:
MS. BOWEN:

Greenstone Lab.

When they started

manufacturing the drug.
THE COURT:

You can lay the foundation,

yourself, Mr. Griffith, or I'll let Ms. Bowen redirect on that issue. BY MR. GRIFFITH: Q. Okay. Your testimony is you don't know

whether or not there is a generic for Halcion?

A. Q.

That's correct.
Now, you don't have any pharmacological

experience; do you?

A. Q.

What do you mean by that?

You don't have a pharmaceutical degree or

anything like that?

A. Q. A.

I don't have a degree in pharmacy, no. You haven't taken any classes in pharmacy? In pharmacological properties of drugs,

I've taken several courses.

Q.
degree?

And you certainly don't have a medical

A.

That's correct.

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Q.

All right.

Let's talk about, you did go

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to DRE school; correct?

A.

That's correct. Now, at DRE school they talk about the use

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Q.

of benzodiazepine as recreational or illegal use?

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A.
fashion, yes.

They mention it is used or abused in that

Q.

Halcion is used or abused as a sort of

counteractive to crystal methamphetamine; is that correct?

A.

I don't believe I ever got any of that

kind of information at the DRE school.

Q.

Are you familiar with the use of

benzodiazepines as an illegal or recreational drug?

A.
be taking them.

Yes.

People do take them that shouldn't

Q.

All right.

In your bottle that you did

test, can you tell us how much was in that bottle when you began your test and how much was consumed by your test?

A. Q.

I need to refer to my notes. Please do so.

A.

There were, to begin with, approximation

of a couple of hundred milliliters, which would be about ten ounces

--

no, sorry, seven ounces.

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Q. A.

How much was left over when you were done? Almost the full amount. Because the

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preliminary tests uses a very small amount compared to 200 milliliters or seven ounces. amount.

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It was a very small

Q.

You think the amount currently in the

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bottle is at or about the same amount as when you tested it; is that right? A. I can't speak to what happened to the

bottle after it left us, so I'm not sure I can answer that.

Q.

If you could take a look at that bottle,

and I realize it's wrapped in all kinds of plastic and
everything else, does it appear to have the same amount in it as when you first conducted your tests or does it seem to have gotten smaller somehow?

A.

Well, according to notes that were taken,

the amount that's in there seems smaller than what was
recorded.

Q.

All right.

Are you familiar with the

effects of Halcion and how long it takes to get into the blood stream?

A. Q.

Yes, I am.

Let's talk about that.

How long does it

take Halcion to get into the blood stream to start

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having an effect on the person?

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A.

That could be anywhere, depending upon the

individual, that could be anywhere between half an hour to an hour.

Q.

So, if we had some testimony that somebody

drank a glass and immediately started feeling intoxicated, that would not be from Halcion; would it?

A.

That would be unusual I would say for

someone to have immediate reaction for having taken
Halcion.

Q.

Let's -- why is it that it would take so

long for Halcion to have an effect on a person?
MS. BOWEN: THE COURT: Objection.

May we approach?

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All right, yes.

(Side-Bar Conference, off the record) BY MR. GRIFFITH:

Q.

Why would it take half an hour or more for

Halcion to have an effect on a person? A. Q. A.
I'm sorry.

Did you say why?

Yeah.
Well, the drug has got be to -- first,

goes down into the stomach, into the intestines where it's absorbed.

So then it's got to be -- then it's got Then it's got to get to the

to get to the blood stream.

central nervous system, which is the primary location

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where that drug effects.

That takes time.

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Q.

And it has to pass through the pyloric

valve at the bottom of the stomach and into the small intestine?

A. Q.

That's correct.

In addition, for it to do that the stomach

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has to act upon it? A.
Q.

The stomach does act upon it, sure.
Sir, when you and I did our interview,

gees, almost a year ago now, did you tell me that you had done most of your study on this drug from a Dr. Baselt, B-a-s-e-I-t?

A.

I think, if my memory recalls, that was a

while ago, I think my response to, to that as far as with a reference material, that was the one book I could
remember.

There are other books and other resources I

use to come to the conclusions that I give. MR. GRIFFITH: If I can approach just a

second, Your Honor?
THE COURT:

Yes.

BY MR. GRIFFITH:

Q.
Number 32.

Sir, would you take a look at Exhibit Tell us if that's an article by the same

Dr. Baselt or same book that you had mentioned?

A.

This is, this is the third edition of the

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book that I was referencing.

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Q. A. Q. A. Q. A.

It is the third edition? Excuse me? Is the third edition a proper edition? Actually, the fourth edition.
Is there a fourth edition in 1994? No. I believe that came out

--

well, I

believe that came out the beginning of this year.

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Q.

So the third edition is the one that's

appropriate for July 7th?

A. referenced. Q.

This would have been the one I would have

All right.

In it we have some various

drugs such as triazolam listed; is that correct?

A. Q.

That's correct.
All right.

And you recognize this as a

learned treatise?

A. Q.

Excuse me.

You recognize this as -- this Dr. Baselt

and also Mr. Cravey as being experts in the field?

A. Q.

They are referred to as experts. You yourself referred to him, at least

Dr. Baselt as an expert; is that correct?

A.

That's correct.
MR. GRIFFITH:

Your Honor, I'd like at

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1

this time to introduce 32 into evidence.
MS. BOWEN:

2 3 4 5 6 7 8
9

There has been no testimony on

it.
THE COURT:

Subject to Rule 703 as a basis

of opinion testimony by this witness or somebody else,

your motion is premature.
BY MR. GRIFFITH:

Q.
triazolam page.

Sir, if you could take a look at the

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.

Okay. In the triazolam page it talks about when

we can expect blood concentrations to reach a mean peak plasma concentration and other things; is that correct?

A. Q.

That's correct. And they mention that that was within

three-quarters of an hour to an hour and a half; is that

correct?

A. Q. do you?

That's what is mentioned here, yes. You don't have any reason to dispute that;

A No, I don't. . Q Is that consistent with your own opinion? . That would be consistent with my opinion. A . Is it fair to say now in your All right. Q . own study you did not look for four hydroxytriazolam;

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did you, four alphahydroxytriazolam?

2 3 4 5 6 7 8
9
10

A.
look for.

The four alphahydroxytriazolam I did not

Q.

You looked for alphahydroxytriazolam, that

being two alphahydroxytriazolam; is that right?

A. Q.

That being one hydroxymethyltriazolam. So when you -- you have all the exhibits

up there with the -- yes, if I could just walk up and
get those. THE COURT: THE WITNESS:

Yes. Do you want this? No, I'm fine.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. GRIFFITH: BY MR. GRIFFITH:

Q.

All right, sir.

On the

alphahydroxytriazolam you have two written in front of it; don't you? Do you not, on your test?

A.

I don't reflect any number two that -- are

you talking about my scientific exam report that I issued?

Q.

I'm talking about the one that has the two

graphs on it that I don't seem to have in front of me. The mass spectra.

Do you see a mass spectra Exhibit 28.

MS. BOWEN:

That's over here.

Your Honor, all right, we found it.
THE WITNESS:

What is reflected there is

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alphahydroxytriazolam, TMS. BY MR. GRIFFITH: Q. 28. If you could look at page two of Exhibit

2
3

4
5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Does it show two alphahydroxytriazolam? A. Q. A.
alpha sign I -

No.

It shows alphahydroxytriazolam.

What is the two in front of it? That's

--

the two, that's the frequent

Q.

Okay.

So it's, because of the copying or

whatever, it looks like a two instead of like an alpha?

A. Q.

To me it's an alpha.
You looked for a single

alphahydroxytriazolam?

A. Q.

Alphahydroxytriazolam. You mentioned in Halcion there are a

number of buffers or small other items in the Halcion

itself.

Did you detect any of those items in your test?

A.
other items.

No, I wouldn't, I wouldn't look for those

Q.

All right.

Now, when you did the test,

you said that Rachel Tseko's name was on it; is that correct, on the tube that you tested? A. Q. Yes. But you have no idea who put that there?

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A.

No, I do not.

2 3 4 5 6 7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.
whether or not that

You have no idea -- do you have any idea

-- there are sometimes mix-ups in
It would be speculation. You don't have any training on that, that

names between a hospital and the lab?

A. Q.

sometimes this problem occurs?

A.
sometimes.

Well, I know that problems occur But I don't -- I wouldn't say that I have

great knowledge on it.

Q.

Now, in addition to the fact -- about the

alphahydroxytriazolam, you also did a test looking again, this is the GC or the original test, looking for benzodiazepine, right? That's the first test that

-

A.
Q.

The preliminary test, that's right. Preliminary test. The preliminary test

was done as a screening for groups of drugs. Benzodiazepines was one of them? Now, we get a negative response on crystal methamphetamine. That doesn't mean there is no crystal

meth, that just means that any crystal methamphetamine is below your target level; is that correct? A. Q. That's correct.
And the benzodiazapine that you found was

close to cutoff; correct?

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A.

That's correct.
In other words, there was so little in

Q.

3
4

there that it almost came back as a negative? A. Well, there was enough present there that

5 6 7 8
9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

it registered as a positive response.

Q.
negative?

But it was close to registering as a

A.
Q.

Yes.

It was close to that as well.

Now, did you look to see whether any of

these other items were close to measuring as positive?

A.

No.

Because the way the screening is set

up is to simply either call it positive or negative, determine whether or not there are drugs that are
present.

Q.

Now, the fact it was close to negative,

are we able to say at what time triazolam in some form was introduced into this person's blood stream? A.
I wouldn't be able to testify to that.

Q.

Okay.

Well, sir, you had previously

recognized Dr. Baselt as an expert; correct?

A.
Q.

That's correct. Now, if he were to indicate

-- have you

seen where it says metabolism and excretion in his article?

A.

Yes, I read that.

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Q.

It talks about how long it takes in order

2
3

for triazolam to be excreted from the body; does it not?
A. Yes. It refers to the certain percentage

4 5 6 7
8

of the drug that is excreted over a period of time.

Q.

Okay.

And it does say that trace amounts

of unmetabolized triazolam did, in effect, appear in
urine?

A. Q. A.

Of the parent drug? Of the parent drug. Trace amount in parent drug levels are so We don't have the

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

low we don't bother looking for them.

sensitivities of instruments nor is it practical to look
at that.

Q. A.

Your GCMS isn't that specific? It's highly specific. We don't have the

capabilities for sensitivity, of, the very very trace amounts of parent drug that are present in laboratories that analyze in benzodiazepines, in particular for
triazolam.

Looks for the alphahydroxytriazolam because

of that reason.

Q.

Now, and it says that its major triazolam

is one hydroxymethyltriazolamj correct?

A.

The metabolite, yes, one

hydroxymethyltriazolam.

Q.

How long would it take, according to this

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article, for triazolam to pass through the urine stream?

2 3

A. detecting it? Q. A.

You mean to where you would start

4
5 6 7
8

No.

To where you would stop detecting it.

stop detecting it, it would depend upon
The lower

the particular cutoff limits you would set.

the cutoff level, the longer you're going to detect it. You're looking for smaller and smaller amounts. As I

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

said before, this particular drug is taken in such very small quantities. That's why it's not unusual for us to

get a very low response in the preliminary test because we set a cutoff level that's associated more with the other benzodiazapine in greater concentrations. So when

someone takes Halcion, it's small to begin with and it's going to be hard to detect to begin with in the preliminary tests. So it's not unusual to have a close

to the cutoff reading for this metabolite.

Q.

The fact of the matter is, we don't know

when this triazolam, from these tests, when this triazolam was introduced into the system; correct?

A.

I could testify it was within, within the

last 24 to 48 hours.

Q.

Even after 48 hours there is still 20

percent of the compound being excreted through the

urine; right?

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A.

Right.

But a normal dose, if we are

2
3

talking about just a prescription dose, we are got going to detect that 20 percent that is still being excreted, too low of a level.
Q.

4 5
6

You can only detect to the 80 percent

level?

7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A.

Well, I haven't done the mathematics.

Typically what that means is that 80 percent of that drug will have been excreted into the urine within 48 hours. After that time, there will be such a small

amount present that it's not going to register as positive on the screening.

Q.

But it will still show up on the MS? It would, if, if you were able to get the

A.

sensitivities that, that would be required to find those
low levels.

Q.

Well, the MS can find low levels without I mean, it's not

any problems; right?

--

the lower

levels are not a problem for mass spectrometry?

A.

certain low levels are.

Like for

instance, LSD is typical. detect LSD.

GCMS instrument you can not

You need a specialized mass spectrometer

called a tandem FS spec to analyze LSD because the levels are so small. There are limits to how small of

levels you can detect in the mass spectrometer.

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Q.

It's fair to say we can not say the

2 3 4 5 6 7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Halcion or triazolam, whatever, was taken that day; can we? A. Q. It could have been taken that day. It could have been taken that day. But we can't rule out it was taken the day
before, we can't rule out it was taken that morning or anything like that?

A. Q.

I would say up to 48 hours. Is that based in part upon the article

that indicates that 80 percent of the dose is excreted in the urine in 48 hours?

A.

As well as other numerous other text books

and articles I've read. MR. GRIFFITH: to introduce 32 into evidence
MS. BOWEN:

At this time I would like

State objects, Your Honor.

May I approach?
THE COURT: THE COURT:

Yes. For the record, let me just do

this real quick.

Exhibit 32, the article by Randall in this part, in this manner:

Baselt is admitted, which,

The cover of the title, of the learned treatise as the

third edition, the one, two, three, four, five, six pages of the table of contents and the section of the

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article starting at page 822 to 824.

The other pages of

2 3 4 5 6 7 8
.9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the article are not admitted.
BY MR. GRIFFITH:

Thank you.

Q.

All right.

I'm just going to hurry.

We

only have a few minutes left today.

You indicated that

it was not -- Halcion is not very water-soluble;
correct?

A. Q.

That's correct. You did not taste the liquid that resulted

in your experiment?

A. Q.

That's correct.
You would certainly agree you have not

conducted an experiment that would be accepted into the scientific community, all you did was a demonstration experiment; correct?

A.

I believe the experiment which I ran twice

gave enough information to be scientifically sound. Q. You would not be able to write it up for

any kind of scientific textbook and have it accepted;
would you?
MS. BOWEN:

Objection, relevance, why it

would be written up in scientific textbook? MR. GRIFFITH: come in in the first place.
THE COURT: Overruled.

Because it shouldn't have

It goes as to

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weight. BY MR. GRIFFITH: Q.

2 3 4 5 6 7 8
9

It's not well enough done to be written up

in a scientific textbook; is it?
MS. BOWEN:
THE COURT:

Same objection, foundation.
sustained.

This witness is

not testifying for that purpose. BY MR. GRIFFITH:

Q.

Okay.

And you admit that when you put a

10 11 12 13 14 15 16 17
18 19 20

Halcion tablet into apple cider it foams for two minutes?

A.

After -- before two minutes is up, it's Initially it foams, then

done with that reaction. stops. Q.

So someone standing there, right next to

someone else, having had that dropped in, would take one look at the cider and see it was foaming; right?

A.

If somebody had dropped a pill in with

someone watching?

Q.
21

Yeah . Would they see that foam? Yeah . More than likely, I would say yes. Now, when you -- after you did the

A.
22

Q.
23

A.
24

Q.
25

experiment, you didn't just drop the pill in, you

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crushed it somehow?

2 3
4

A.

Yes, that's correct. How did you crush it?
I crushed it with a mortar and pestle. For those who have not been in a lab for a

Q.
A. Q.

5 6 7
8

while, what is that?

A.

It's a device you use to crush up pills,

hard substances and stuff.

9
10 11 12 13 14 15 16

Q. thumb? A.

Can you crush a Halcion pill with your

I suppose with your fingernail you could.

I suppose it would be hard with your thumb.

Q. A. Q.

You think you could with a fingernail? Yeah, I believe so.

Does it break apart nicely or does it come

apart in shards?

17
18 19 20 21 22 23 24 25

A.

Well, I've never tried to break it with my

thumb, so I'm not sure exactly how it would break apart,

but Q. Did you describe crushing it with a spoon

or anything like that? A. Q.
No, I did not. Even if it's crushed you still have this

same foaming reaction; right? A.
When it was introduced there was this

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fizzing reaction.

2 3 4 5 6 7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

And not only do you have this fizzing

reaction, you also have a cloudiness to the cider, someone looking at the cider would see the cloudiness;

is that correct? A. I would say, you could see clear through.

You would be able to see the cloudiness of it, if you held it up to a glass of apple cider that didn't have any Halcion put in it, you could tell there was a difference.

Q. A.

That's from only one pill; right? That was done with a .25 milligram tablet

or pill of Halcion. Q. Only one?
.25 milligrams.

A. Q. A.
Q.

Not two or three, anything like?

Right.

That's the recommended adult dose.

And Halcion would not force you to go to

sleep if you did not want to go to sleep; would it?

A.

It's going -- for some people they The drug will have

wouldn't be able to not go to sleep.

a different effect on different people, as I explained, because of the physiologies of us are different. people it will cause them to go to sleep without them wanting to go to sleep. Some

Again, as I mentioned, the

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tests aren't completely through with this drug. don't know how it reacts on all types of people.

We

2 3 4 5 6 7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.
not?

And water is the universal solvent; is it

A.

It's considered as such, yes.
MR. GRIFFITH: I'm done for today, Judge,

if you want THE COURT:

Yes, before we rest for the And, sir, thank You need to

day, would counsel please approach? you. You're not excused as a witness.

finish your testimony on Tuesday.

Let me go ahead and

have you wait for a minute and I'll get you the exact time. Members of the Jury, thank you for your
patience.

The attorneys have given me their best What we will

estimate about the remainder of the trial. do, recess for the weekend.

Remember, it's a three -

well, it's a four-day weekend, actually, in terms of the number of days we come back.

Friday is not a trial There
We

date.

That's tomorrow.

Monday is Columbus Day.

are no courts here in superior court that are open. will start back 1:30, 1:30, Tuesday of next week. That's the 10th. start with the remainder of the

cross-examination of the witness.
And I'm told that that will take

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approximately 15 minutes maximum, and that the redirect
will probably take about the same amount of time. any rate there may be one, possibly two more witnesses thereafter. But counsel advised that the case will be At

2
3

4

5 6 7 8
9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

able to be submitted to you, after closing arguments and

after instructions on the law on Tuesday afternoon, the
10th. Again, that is presentation to you for

deliberation and decision-making. Exactly the time of the afternoon you might receive the case, I cannot tell you exactly, but the case should be given to you some time Tuesday
afternoon.

If for some reason I keep saying Monday, since it's

please disregard it, it will be Tuesday.

such a long time, do remember the admonition because people will be curious wanting to talk to you. Please,

continue on advising them you can't talk to them about the case until it's over. Have a good weekend. Thank you. I'll

stay here on the bench with counsel.
(Jury left) THE COURT: All right.

sir, before you

leave, the Jury has left, Ms. Bowen and Mr. D'Asaro, there is no problem with you being back at 1:30 on Tuesday?
THE WITNESS:

Let me check my calendar

real quick.

I don't think that's a problem.

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All right.

We will do our

2
3 4 5 6

best to let you finish up and, and go onto your other

things after, after you finish.
Okay. Counsel, I'll see you at 1:00 Any witness

o'clock to go over instructions on Tuesday.
or witnesses you prefer to call, the custodian of

7
8

records of the pharmacy, needs to be here ready to testify at 2:00 p.m. on Tuesday, Mr. Griffith.
MS. BOWEN:

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

When did you say that, when

did the Court indicate that Mr. Griffith was to have the records and testimony synopsis for the State?
THE COURT:

I said by 10:00 a.m. on

Monday.

Monday is a -- Tuesday, excuse me.
MS. BOWEN:

Seems to me, Mr. Griffith must

have them or know of them in order to have this witness called. He's faxed me other things. Is there some

reason he can't fax them to me to tomorrow?
THE COURT:

Do you have access, receiving

the records the custodian will testify to? MR. GRIFFITH:

Yes.

I'm hoping to.

They

have been faxed to my office but I can't guarantee that. I would hope that's true.
THE COURT:

I'm changing the time You are to have, or to fax

deadline, moving it forward.

or deliver to Ms. Bowen's office a copy of the record

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the custodian of records for the pharmacy will testify from by 3:00 p.m. tomorrow afternoon. MR. GRIFFITH:
THE COURT:

2 3 4 5
6

Okay.

That's fine.

All right?

You are also to give Ms. Bowen a summary of the substance of that witness' testimony to the extent that it goes beyond what he or she will be testifying from based on the documents. MR. GRIFFITH: can do that.
MS. BOWEN:

7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

That's fine, Your Honor.

I

Your Honor, I've discussed

previously with Mr. Griffith I was going to retrieve from evidence, Exhibit 6 and 7 and Exhibit 19A because of redactions going on while I was in trial. I've never

been able to confirm through my investigator they did what I asked them to do. sure they were redacted. I'm going to go through, make I told Mr. Griffith he could That invitation is

join me if he wants to verify it. still open to him. MR. GRIFFITH:

I had suggested, I think

Ms. Bowen agrees, we make up eight copies of Exhibits 6

and 7.

That way if the Jury thinks it's important to

deliberate on my client's statement, they can have that

in front of them, each one of them could have their own copy.

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I told them I would do that

2
3

after I verified the accuracy between the tape and the transcripts and redaction.
THE COURT:

4 5 6 7 8
9

Can I place that

responsibility of the actual copying on one of you then?
MS. BOWEN: THE COURT:

I would do that.
Thank you, Ms. Bowen.

As to Ms. Bowen having custody of Exhibits
6 and 7, the tapes to make sure that they conform with the redaction of the transcripts, do you have any trouble with that Mr. Griffith? MR. GRIFFITH:
MS. BOWEN: THE COURT:

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

No.
7, 6, 19A.

6, 7 and 19A which is the Please, just make sure

enlarged regular cassette tape.

you return those exhibits prior to our starting trial at 1:30, and the State will also go ahead and make copies of the transcripts of the interview of Mr. smith, Exhibits MS. BOWEN: THE COURT: 6 and 7.

-- 6 and 7 as well for the

Jury to have in the Jury deliberation room. else? MR. GRIFFITH:
THE COURT:

Anything

No, Your Honor.
Counsel, have a

All right.

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