I had a trial transcript a few months ago for a man who was charged with drug possession. The defense attorney was asking the expert lab witness about the differences between cocaine and crack cocaine (and how it's made) in an attempt to lessen the charge or get the charges dropped altogether. Objections from the prosecutor were overruled.
Q. So, what happens next?
MR. JONES: Your Honor, I'm going to object on relevancy. I don't know why the jury has to be educated on how someone makes crack cocaine from cocaine. I mean the issue is --
THE COURT: Well, this is cross-examination.
Keep on going.
MR. SMITH: Thank you, Your Honor.
The only reason why is, I think the jury has the right to explain [sic]. This man has testified, or this witness has testified that they are the same thing.
THE COURT: I overruled the objection.
MR. SMITH: Thank you, Your Honor.
Q. (By Mr. Smith) What happens next?
A. If you had powder HCL, and say it's pure, if you want to make crack cocaine out of it --
Do you really want me to explain how to make crack to the jury?
Q. No.
THE COURT: Yes.
Submitted by: Joy Lew
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