Monday, June 6, 2011

Dr Arpad. Vass, Forensic Specialist,Oak Ridge

Forensic, science experts expected to testify starting at 9 am.Dr. Arpad Vass is called as first witness today.Vass found that while not conclusive, nearly all compounds in early human decomposition were detected in trunk.Vass discusses stages of decomp: Fresh, bloat, active decay, dry. Early morning decomp lesson!Dr. Vass is speaking too fast for the court reporter - or us - to keep up.Baez continues to object to Vass' testimnoy. Perry overrules.Is it just me, but isn't this guy's scientific testimony fascinating? Vass now talking about chemical components 'liberated' in human decomp, Sodium,potassium, calcium, magnesium, etc.Vass: Human deVass said detective Yuri Melich first contacted himcomp distinguishable from animal decomp which he describes as "sweeter. Baez keeps objecting to "narrative" and his objections are overruled. How are the jurors suppose to understand if he does not educate. Dr Vass has studied 50 dead people through stages of decomp. Increase barometric pressures will force chemicals into ground. Sidebar.Vass appears annoyed with  Baezs' objections, too.THIS IS THE FIRST TIME FOR THIS STUDY TO BE INTRODUCED IN A COURTROOM.


Vass earlier: "I love my subject." Assistant State Attorney Jeff Ashton: "I can tell."
Word of the day in  trial: Solid phase microextraction fibers. Wow
!Vass explains how they collect air samples at the "body farm" from decaying bodies.Vass: Odor molecules concentrated into pellet in cryofocusing. Fascinating. Vass said detective Yuri Mjecelich first contacted him Vass identifies the metal collection can for odor sampling and there is a Sidebar before it is entered into  evidence. THE REPORTS THINKS THERE IS A PIECE OF CARPET IN THE CAN. IS THIS THE CAN THAT THEY WANT THE JURY TO SMELL?Ashton plops box with evidence in front of Vass..Another sidebar called. 
 From Vass' FB page: Vass developing forensic science technique "Decomposition odor analysis.Etc...Vass: Sent OCSO air pump and traps used to collect air samples from car in  investigation.


Ashton presents several envelopes for Vass to identify. Sidebar then recess.
Judge Perry is back on the bench. The jury is returned. 
 objectin
Dr.Wise assisted Dr. Voss. It was his lab and he assured instrumentation  was working properly. Baez objects ans it is sustained. He can testify to qualifications. He utilized a gaschromatograph mass spectrometer.( GC/MS) The can with the carpet sample was the first sample tested. He partially "cracked the lid" removed 8/10 of a cc of "headspace" (air )and entered it into instrument. Baez keeps objecting. Dr Vass is asked about the result of sample. Baez objects and there is a sidebar.
George and Cindy are in court today  In 2006, . the FBI had commissioned a study to examine a body decomposing in a car trunk.
Dr.Voss is testiyiing  to the medthodology of the testing of the air sample They took the carpet sample and put it in a Tevlar bag. The Tevlar bad does not change the chemical make up of carpet sample. They incubated it for 2 days in human temperature.  As you incubate, you speed up the evolution of chemicals. The purpose was to release compounds into the air for identifcation. They take a 10000cc and remove 10cc and put it into the GC/MS. When trying to testify again to the result,  Baaz objects . There were 51 compounds found . The one with the most on the chromotogram was chloroform.They were shocked. In 20 years of testing they never saw this amount. Chloroform can be found in decomp but in parts trillions. Choloform in this sample was found parts per million. 
Chloroform evaportates quickly. Because is evaporates quickly they can not tell how much was actually present on the intial retrieval of car. But that far out from the retrieval date of car, the amount was high. Baez continually t to Vass' testimony arguing it's out of his area of expertise. Perry overrules.
Dr Vass identifies the chromotgram and it is shown to the jury. There a series of peaks . The highest peak is Chloroform. There are number to how much of chemical is present. There are   16 million counts of chloroform.
Dr Vass is shown second chart Vass says they also looked into an older car from junk yard for comparison. (control car).Vass says they also detected gasoline in trunk.   It is a chart from a car of similar make and model from Knoxille, He is showing chloroform in that car.The peak is so low Dr. Vass is having trouble marking the peak for the jury. The amount of vehicle. 5 thousand.Dr. Vass lsays that there is also evidence pointing to gasoline in the trunk. We know that's true, she  took her Dad's gas cans.
Vass: Chloroform in environmental samples like soil. Trace levels...just enough to be detected
.Vass is now going over another kind of testing. This time with a laser. Vass laughs and says he gets excited when he talks about this.Prosecutor Ashton tells Dr. Vass that he went into too much detail. Vass laughed and apologized. Vass talks about the yttrium aluminium garnet crystal matrix laser now.
They were looking for inorganic and organic compounds. 

Baez is crossing and questioning his participation and qualification to use instruments.  Objections sustained.Judge Perry excused the jury, He is teaching them on the ability of experts to testify to data.The judge is reading case law about expert testimony.  


.Baez asks him aobut the results of Lids? examination. The finding of calcium, sodiu and magnesium. Vass admits he is not a physicist and Beaz  is questioning his ability to conclude to the petinance of elements. Vass states he is able to tell the norms and variables of presence of organic chemicals. His studies measure the presence of increased chemicals in the presence of human decomposition.Vass to Baez  "I don't think you quite understand what's happening here." Baez has no more questions but wants it noted that he objects to Dr Vass ability to testify outside of his scope of practice.Baez once again objects to Vass' testimony. Perry overrules the objection, but advises the attorneys to study on that type of testimony. Jury re enters
Dr Vass is shown a chart and Vass identiies it tas a chart noting the level of chemicals in the control car.  Calcium is nearly unmeasurable. Calcium is one of the key elements they test for in the decomposition.  
They tested the carpet. They soaked it in Methonal overnight then tested a sample in the GSMS. They were looking for chemicals not normally found. They found buteric acid. It is associated wiht  decomp. It is the first compound liberated in decomp. It is a product formed from the breakdown of fatty acids. 
D Vass testified to the odor when he opened the can. He jumped back and noted it to be human decomp. He has smelled it for 2 years. He was suprised the little can had that much odor. 
He was also given a scaping from the wheel well.  He is shown evidence from a manila envelope.  . Vass: Acetic acid byproduct of chloroform and human decomp. High levels in the carpet.Sidebar.
Baez is askiig to inspect the box. Judge Perry> What? Baez> No objections. 
Recess for lunch.
Court back in session. Vass speaking of adipocer or grave wax, wax-like substance formed by the bacterial hydrolysis of fat in corpse.Vass says 51 chemical compounds found - 41 were consistent w/ human decomp. Some of those overlap w/ gasoline.  Vass is one of the most animated witnesses, especially for a man of dead body corpse decomp science.  Acietic acid is also present in decomp and other products. "All the compounds one would expect to be present in decomp were prensent and elevated." 
Adipocere is not limited to humans. Vass> No. Adipocere can not be soley used to identify decomposition..
Baez> You are not a chemist, analytical or biochemist and cannot testify to chemicals.. Vass says he can't think of anything other than a dead and decomposing body to explain the results he got from testing the trunk.Vass says the last time he took a chemistry class was in the 80's. Baez is asking if Vass has ever posed as a chemist.Baez asks about financial interest.. Vass says there isn't one in his opinion.
In 2004, Vass buried 4 bodies and they connected instruments and measured chemicals that were liberated. Sidebar. The last question asked was in regard to hte 478 databases in this case. Baez asked> You did not turned them into the defense? Mr Vass states it was not his to give as it was owned by the grant owne and delieverable by them. He states that there was a depo the other day and he thought it had been given. He works for a research lab. He testifies that his research is dependent on money. (Who's research is not funded?) He denies he is owner of an instrument, named a labridor(sp?)Baez says it's like a hand held metal detector.   Baez asks if it is his goal is to sell the instrument  to police officers.Vass says This instrument is used to assist cadaver dogs in finding clandestine grave.  Vass> says it is his requirement to turn over inventions to research lab. It is the laboratories decision to file a patent. It is not his responsibility. Baez> So you did not answer my question.Vass> I did answer your question.  Objection by prosecution, sustained. Baez is inferring that Vass has to have a court case to validate instrument.? Vass states he does not know the how the invention is licensed and sold. That is not his responsibility.   Mr Vass is not sure how the breakup of money  and licensing and selling would take place. Baez says he get 15%. Baez states he billed the research dept for the investigation of this case.Vass states he did the work voluntarily on Vass tells his own time.  Sidebar.
Vass tells Baez he did not disclose that he had financial interest in the database used in the investigation.Vass says he did a Qualitative analysis- Baez is questioning about quantitative analysis as well. Baez  asking Vass about human decomp. Sidebar and Vass looks VERY ANNOYED. Stares at ceiling.Baez says shortly after Vass completed preliminary report it was release to media. Vass says he wasn't "pleased" by that.Jose Baez is breaking down Dr. Vass' findings. Vass explains that some compounds have two names, which explains some overlaps.Vass takes a heavy sigh during questioning.Vass takes a heavy sigh during questioning.Preliminary report differs from final report. Vass says the final report is most accurate. Vass says he doesn't know the chemical breakdown of items in the trash found in  car. Some jurors have turned their chairs toward Vass on the stand. Others are sitting forward.Vass says the air in the trunk was not a valid comparison to when carpet liner was in there. Vass states chloroform was  present but becasue the liner was out, he did not use it for comparison. Baez is challenging every sample.  The prosecution objects to Baez firing off questions and not allowing Vass to answer.  Baez is questioning him to the LIBS analysis. Baez once again asks him if hbe is a physiict. There was calcium, magnesium, sodium , carbon , and iron.  Baez asks if they are present in trash.  Dr Vass states that he does not know. Baez> because you are not a physicist. Vass?   Because I did not do the study. Baez is challenging the control car and the unknown length of time in junkyard and it could have "soaked up th environment."  Baez says the junkyard car used for comparison could have been through winters, etc. No idea the history. Vass says correct. 
Judge Perry is back on the bench and court resumes after an afternoon recess. Baez points out the entire trunk was sprayed w/ Blue Star. Also Febreeze and Baez asks if those chemicals could have had effect on testing. Baez goes to board to write magnesium. He writs "mag" Vass says "close enough" jury chuckles. Vass chuckles and say, "Good try" after Baez mispronounces of oleic acid. Baez is going over the chemicals from paper towels in the trunk. He asks if Hambuger could release chemicals.>Vass it would have to be raw and very fatty. Baez> What about chicken? Vass> I don't know. Baez? Because you are not a chemist. Vass> No , because I never studied it. Baez asks if you can find the list of compounds in raw met like chicken or hamburgers? Vass says he doesn't know. 
Baez asks him about his protocals and when he tried to find hidden graves. at Barker Ranch.Sidebar.
Vass once again corrects Baez's pronunciation of 'magnetometer' Jose Baez completed his proffer of Dr. Vass, the prosecutor takes a turn.Judge rules info on Barker Ranch is sustained. Meaning defense can't bring it up. Judge Perry says that Dr. Vass' study that took place at Manson's infamous Barker Ranch are irrelevant to the  case. Barker Ranch is where Charles Manson was caught hiding out and Believed he may have buried people. Baez says his protocol is not collect samples near trash or gasoline bc it could create false readings.Vass says yes unless it's crime scene. Baez now asks Vass about divining rods and another sidebar.  The jury is back for this testimony, but now the attorneys and judge are in a sidebar.  Dr. Vass is called to the sidebar. Vass called to sidebar. Dr. Vass appears to be staring at the ceiling during this sidebar . Back from sidebar, Baez asking about divining rod. Perry: "Mr. Baez get to the points I said you could get to."  Baez asks Vass if he's ever tried to put electronic leashes on flies? Objection prevents answer. Judge telling Baez to get to the point he told him he'd allow. Ashton has objected and asked move to strike several times.  Baez is asking whether anyone has done anything similar to Vass' method. Prosecution keeps objecting. 
Baez says only 1 other scientist (from Greece) agrees with him. There's a chuckle while everyone tries to pronounce the name. Staphenoupoulous?Reading another statement Baez says Vass said on Dec 2008 Vass said to a TN media a decomp body smells like a rotting potato Baez asked Vass about his previous comparison of a decomp. body to a rotting potato. Vass says smell is similar, chems are not. Vass says Baez is "twisting things around." Dr. Vass compared the smell of a decomposing body to a rotting potato in a 2008 interview with a Tennessee newspaper . Vass says if you eliminate all the overlapping compounds (gas/trash) you still have 10 compounds consistent w/ decomposition.Vass says this was the first he's ever done an experiment on a carpet. Vass isn't a member of the American Board of Anthropology or any professional org. that governs members. Prosecution objects to relevancy. Overruled.  Vass says he is paid to think outside the box. Adds he doesn't even known what the box is.Vass says scientific curiosity out weighs financial benefit. Vass says he is a very curious person. The prosecution is questioning Dr. Vass. He says he's a "very curious" person and it has driven his research more than money.  Vass says he doesn't think he has any financial gain with this case. Ashton asks Vass on redirect about main motivation. Vass: exploration, not money. Vass says when first questioned about any financial interest he had to go and ask someone else about it. Dr. Vass chuckles and called Jose Baez's interview "an inquisition. " 

Vass says components of Blue star and Febreeze did not include chloroform.  Vass asked to give scenario how testing w/ meat could give same results he found in trunk.Vass says if someone ate a hamburger and wiped their face w/ a napkin it wouldn't give the same results he got from trunk air tests. Vass says because they've never studied a possibly decomposing body in the trunk they looked for similar cases..They found a case, in Montana, of a child being left in a trunk for 3 monts. The child was 3 years old. They used that as a control.
Baez is asking about his opinion on amount of flourines found and bodies of children decomposing. Vass is talking about finding fluoride in bodies because of how much water they've dranEven though it has not been studied. He states "YES"  "Thank God, we don't have many children to study." Baez questioning Vass again, grilling him about testimony regarding chemical evidence. Baez is attacking Dr Vass and Judge Perry tells Baez again that when he asks a question he has to allow the witness to answer. Bio-accumulation: Baes says Vass testimony is "opinion" based on something that "has not been studied. Baez asks if he knows those paper towels have anything to do with stain in trunk. Vass says he has no first hand knowledge , nor did he find meat on the paper towel. Vass is excused. 
He may he recalled. Ashton says there is something to discuss without jury present. Sidebar.

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