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请允许我把这个放到投影仪上
Let me put this up on the ELMO, if I may.
这就是此案中你与法斯宾德先生的
This is one of those phone messages that you got from,
-通话记录之一 对吗 -对
- in this case, Mr. Fassbender. Correct? - Yes.
他说还会有几件从房♥子和车♥库♥里
And he says there's gonna be a couple of items
-找到的证物 对吗 -对
- from the house and the garage, right? - Right.
他还说 或是你写的
And then he says, or you wrote down,
"试着证明她在他家或车♥库♥里出现过" 对吗
"try to put her in his house or garage." correct?
对
Correct.
也就是说你在做这些检测之前
So you're being told before you do any of these tests
就被告知法斯宾德先生希望得出的结果
that Mr. Fassbender wants you to come up with results
也就是证明特瑞莎·海尔贝克
that put Teresa Halbach in
在埃弗里先生家或车♥库♥里出现过 对吗
Mr. Avery's house or garage. Isn't that right?
我有得到那信息
I had that information,
可那根本不会影响我的分♥析♥
but that had no bearing on my analysis at all.
当然不会 可有人确实要求你那样做
Of course not. But that's what you're being told to do.
那是从调查中得到的信息
That was information in the investigation.
那是法斯宾德先生告诉你的
That's what Mr. Fassbender told you.
他希望你在做检测时
He hoped you would be able to do
能尽力做到 对吗
with your tests. Isn't that right?
-我想是的 -好
- Yeah, I assume so. - Ok.
我们来看看这枚子弹
Let's go to the bullet for a minute
以搞清楚几件事
just to clear up a couple of things.
表面看来 并无任何可见的血迹
To the eye, you didn't see any blood visible.
-对 -所以你并不能确定
- Correct. - So you can't really say
子弹上的DNA是来自
whether the DNA on that bullet came from
血液还是其它来源 对吗
blood or some other source, can you?
我只能确定那些都是有细胞核的细胞
All I can say was that it was nucleated cells.
也就是说可能是血迹或其它来源
Which could mean blood or any other source.
对
Right.
好 这是你们实验室的规定
All right, now your lab's protocol.
上面写着检测中
It recognizes that there may be some
可能会有污染 对吗
contamination in these tests. Right?
对
Yes.
并且规定 在做检测时
And it tells you that if you go through these tests
若操纵对照组时受到污染
and the manipulation control is contaminated,
你应报告为匹配结果无法定论
that you are to report it as inconclusive for match purposes.
对
Correct.
而现有的资料显示你在检测子弹时
Now here, you ran this test on the bullet...
得出的结论是
and you got a result that showed the
操控过程受到了污染
manipulation control was contaminated.
-对吗 -对
- Right? - Correct.
而根据规定
And according to protocol,
你得出的结果本不该是
You should've not said that that was
子弹上有特瑞莎·海尔贝克的DNA
Teresa Halbach's DNA on the bullet.
按照你们的规定
Your protocol told you that
你本应报告为结果无法定论
you were to report it as inconclusive.
-对吗 -对
- Isn't that right? - Yes.
若出现那类情况 通常程序是
And if that happens, usually what you do
尝试再次提取并重新检测
is you try and re-extract and run it again.
-对 -可在此案中 却只做了一次检测
- Yes. - But in this case, it was a one-time deal.
你将子弹放入缓冲液中
You put that bullet into a buffer and
你取了这个样品
you took whatever sample there was
-就全用掉了 -对
- and you ran it all. - Yes.
-所以你无法重做检测 -对
- So you could not redo the test. - That's correct.
而如果检测结果是无法定论的话
And if the test came back inconclusive...
你就无法证明特瑞莎·海尔贝克
you would not be able to put Teresa Halbach
曾经出现在埃弗里先生的车♥库♥里
in Mr. Avery's garage at any time.
对吗
Right?
就无法达成法斯宾德先生的要求
Like Mr. Fassbender asked.
-这是有原因的 -那个我等会再说
- There were reasons why-- - I'll get to that.
我要说的是
My point is this.
这是你整个职业生涯中
This is the only time in your entire career
唯一一次开了特例
you have ever filed a deviation of protocol
这样你就能赌一把嫁祸他人 对吗
so that you could make a call and include somebody, isn't it?
我要求开的特列
The deviation that I requested was
符合当时的情况
appropriate for this situation.
-是得到了批准并备案的 -但是 女士
- It was ok'd and it was reported. - But, ma'am...
在正式报告中 在法庭 陪审团 法官
you did not disclose in that report, that official report,
律师及所有人信赖的那份报告中
that courts and juries and judges and
你并未如实记录 你并未写进去
lawyers and everybody else relies on, you did not disclose.
而且为了能赌一把
That in order to make that call,
你必须做出极不寻常
you had to do something so rare,
且之前从未做过的事 对吗
you've never done it before, did you?
不 我没有
No, I did not.
你没有写进报告是因为你若写了
And you didn't put that in there because if you did,
就无法满足法斯宾德先生的要求以证明
you wouldn't be able to satisfy Mr. Fassbender's request
特瑞莎·海尔贝克进过史蒂文·埃弗里的车♥库♥ 对吗
that you put Teresa Halbach in Steven Avery's garage. Right?
不对
That's not correct.
最后我们来听听这个
Well, let's close with this:
除了那枚子弹 你做过的所有检测
other than that bullet, all your other tests,
没有一项能证明特瑞莎·海尔贝克曾在他的车♥库♥或房♥子
none of them put Teresa Halbach ever in his garage or his house
-或任何一辆车里出现过 对吗 -对
- or any of his vehicles, right? - Correct.
谢谢
Thank you.
即便不重要 那也是个很好的样本
If it's not a big deal, and it's a good sample,
那为何你们竟会不按规定办事
then why is the rule that you should toss it?
因为我认为规定
Because I think the rule--
我认为没人不按规定办事
Well, I don't think anyone tossed it here.
规定是
The rule is a--
正如雪莉所言 十有八♥九♥且几乎无一例外
and I think as Sherry stated, 90 percent of the time, 99 percent,
都是按规定办事
you know, is followed.
必须要有指南 必须要有标准
You need that guideline. You need that standard.
可当你使用如此
But when you're dealing with such sensitive,
灵敏的技术时
sensitive technology,
就必须得依靠一些常识
you have to allow an element of common sense
而此项检测显然需要常识 雪莉做出了正确的判断
and this clearly called for it, and Sherry made the right call.
这是常有的事吗 不是
Does it happen often? No.
我认为那正好说明了科学研究中的
And I think that shows the consistency
一致性和伟大之处
and how good the scientific community is,
不必经常借助常识解决问题
that it's not something that has to be called upon often.
没有用来重新检测的样本
There was no sample left to redo,
这根本不会影响到
and it just had no impact at all
对子弹上
on the interpretation of
特瑞莎·海尔贝克的DNA图谱的分♥析♥
Teresa Halbach's DNA profile on that bullet.
我明白你觉得整个过程是清白的
I... I know you feel that's clear,
但这应该由陪审团来判断
but it's up to the jury, you know,
由十二位坐在法庭上的陪审员来判断
12 people sitting in that box, to see whether it's,
这是否确实是清白的
whether or not it's clear.
-那是自然 -即使我们都能理解
- Certainly. - And we probably all understand that,
能理解你的观点 但是...
understand your point, um, but I mean, does --
你真的认为陪审团会买♥♥账吗
Do you really think that played very well with the jury?
当然 我相信会的 我认为他们会理解的
Sure. I believe so. I think they can understand it.
我认为陪审团也都是有常识的普通人
I think they're also normal, common sense people
他们会回顾这个过程然后说
and they're gonna look back and say,
"这完全合理"
"Yeah, it makes complete sense."
她知道那是她自己的DNA图谱
She knew it was her profile
也知道自己当时在教学 一直在说话
and she knew she was teaching at the time and talking,
所以这一切都说得通
so I mean, it all makes sense.
这正是我想强调的部分
That's what I'm trying to get across.
如果你想上纲上线 说"规定就是规定
If you want to be very rigid and say the protocol is the protocol
无论如何你永远不能违规"
and you can never deviate from this whatsoever,
我不认为这是大多数人对生活的看法
I don't think most people believe that's how life operates.
有时你需要做些变通 事情才能合理
That sometimes you do have to deviate just to make sense.
哪里不对劲
Somethin' ain't right.
我只知道这么多
That's all I know.
他们已经彻底搜查过那个房♥子
They checked that property over.
搜查令
什么都没找到
They didn't find nothin'.
我只知道这么多
That's all I know.
后来他们又去找什么
Then they're finding something.
其他的我就不知道了
I don't know no more than that.
我又怎么可能知道
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