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Cross Examination (Expert Witness)

USCMockTrial3:53

Transcription

Dr. Gardner, I'd like to talk to you about the flaws you discussed in Dr. Tuckman's Theory. Now, the first you mentioned was that from all the research that has been done on GHB overdose, there's been no recorded fatality if the GHB level was less than 300 milligrams per liter. Is that correct?

That's correct. But you would agree with me that all of that testing has only been done on adult males, is that right?

Well, the facts underlying that, that's true. Yeah. So there's never been any testing done on how GHB affects children?

Absolutely not. That is highly unethical. And you would agree with me that it is entirely possible that GHB affects children more harshly than adults?

Uh, Wayland and Hartsfield make that clear. Um, it does affect children more harshly. However, the symptoms are still consistent. So that was a yes to my question. GHB does affect children more harshly than it affects adults?

Absolutely.

Now, I'd like to talk to you about two of the alternative theories that you presented to the court. Now, the first was that Joey Davis possibly suffered from asthma, is that right?

That's correct. But you would agree with me, Dr. Gardner, that asthma would not explain the GHB and Joey's system on August 8, 2009, would it?

Asthma has nothing to do with GHB concentration in people's system. So, no. That's right. And you would agree with me that it's hard to think that the GHB and Joey's system is merely coincidental?

That is very hard to think indeed. Still possible.

Now, the other theory you talked about was that the GHB and Joey's system came from another household product. That's correct. One of the household products you mentioned was nail polish remover. That's correct. But you would agree with me that the toxicology screen did not reveal the presence of any other chemicals that were consistent with household products, except for the princess beads?

I have because Dr. Tmont didn't look for them and you can't find what you're now looking for. So I would agree with you, yes. And nail polish remover would be one of those household products. Nail polish would be it wouldn't show for the top screen but it would be one of those problems.

I'm sorry, Dr. Gardner, I'm confused. You just said that you regard guard nail polish remover as a household product. That's correct. And that in your own words, the toxicology screen did not reveal the presence of any other chemicals that would be consistent with household products, except the princess beads.

It, well, Dr. Tuan didn't test for them, so naturally they wouldn't appear.

Now, I'd like to talk to you about what's known about the effects that GHB has on humans. Now, at 55 milligrams of GHB per liter of blood, GHB can cause the symptom of dizziness. That's correct. And at 90 milligrams of GHB per liter of blood, it causes the symptom of losing consciousness.

Losing consciousness. And 120 is coma.

Exactly. And Joey Davis absolutely had more than enough GHB in his blood to cause every single one of these symptoms up until coma. That is correct. He did have enough GHB and that is for certain. However, uh, death is, as I've outlined, very uncertain. So that was a yes to my question. Joey Davis had enough GHB in the system to cause the symptom of dizziness, loss of consciousness, and a coma.

That was a yes.

Now, I'd like to talk to you about all the research you did in this case. You reviewed the affidavits of all relevant persons. That's correct. You reviewed all the medical documents pertaining to Joey Davis. That's correct. And you, of course, used your own medical expertise when forming conclusions. That's also correct. And you personally came to the ultimate conclusion that respiratory arrest is the most likely cause of death for Joey Davis.

I've conceded, as as I've said before, that it is the most likely cause of death. That GHB overdose is the most likely cause of that.

Respiratory, yes. And that the most likely cause of that GHB overdose was the princess beads. However scientifically uncertain it is, it is the most likely. So that was a yes to the last question. Princess beads are the most likely cause of death for Joey Davis.

Yes, most likely. But not more likely than not. That's what I tried to to the distinction.

Thank you. No further questions at this time. All the things you have done for me. Thank you. Thank you.