1:07:01
Counsel may cross-examine.
1:07:03
Dr. Raschid, your primary purpose
was to ascertain the cause of death.
1:07:07
- Was it not?
- Yes.
1:07:09
And yet I read in your report here
that you checked to determine...
1:07:12
whether spermatogenesis was occurring
in the body of the deceased.
1:07:17
Objection.
1:07:18
The people call this witness
only to show the cause of death.
1:07:22
Your Honor, the entire report
was offered as evidence...
1:07:24
and the report contains this information
about spermatogenesis.
1:07:27
Overruled, Mr. Lodwick.
1:07:28
The witness may answer.
1:07:31
Yes, I made that examination
on the deceased.
1:07:34
And now would you tell
the court your findings.
1:07:37
Spermatogenesis was occurring
at the time of death.
1:07:40
In other words, the deceased in life
was not sterile.
1:07:43
- He could produce children.
- That is correct.
1:07:45
Now, Doctor, if a woman says
that she has had intercourse...
1:07:48
with a certain man
and the man is proved fertile...
1:07:52
even though no evidence
is found in the woman's body...
1:07:54
could a lawyer--
say a prosecuting attorney--
1:07:57
could he use this as evidence
that the woman is lying?
1:08:00
Your Honor, I object
to this line of questioning.
1:08:04
We're not concerned with if there has
been relations with a man and a woman.
1:08:09
As long as an examination
for spermatogenesis has been made...
1:08:12
at least we're entitled
to know why.
1:08:14
Overruled. You may answer.
1:08:16
Yes, prosecution could use that...
1:08:19
though it certainly would not be
conclusive that she was lying.
1:08:22
Why not?
1:08:23
There could be several reasons
why the test on her was negative.
1:08:27
The use of a contraceptive...
1:08:30
or possibly there was no completion
on the part of the man.
1:08:33
Now this postmortem,
were you also asked to determine...
1:08:37
if the deceased had reached a
sexual climax shortly before his death?
1:08:40
-No, sir.
-Could you have made this determination?
1:08:43
Oh, yes.
1:08:44
So, you were only asked to make
such an examination...
1:08:47
that might be useful to the prosecution,
none that might help the defense?
1:08:50
I object, Your Honor.
1:08:52
The question is argumentative.
1:08:54
Counsel is trying to impugn the intent
of the representatives of the people.
1:08:58
Mr. Biegler, you must be aware
that the question is improper.