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           there is -

              THE COURT: Let me explain the procedure

           here. See, they present a case. Then you

           cross-examine. You try to destroy that case.

              THE DEFENDANT: Yes.

              THE COURT: When they rest, then you present

           whatever you wish to. You will be able to present

           this witness and establish he's an expert. You

           can do that.

              The whole issue is whether you are finished

           asking questions of the officer. If you're

           finished with that, then we'll work on the other.

              THE DEFENDANT: Then I'm finished, Your


              THE COURT: All right, fine.

              Do you have any rebuttal?



Q      Officer, you were - in order to get this electronic

       Speed Timing Device Certificate of Proficiency, you had

       to attend a course on how to operate that unit?

A      Yes, I did.

Q      Built into the Vascar unit is there time for human

       error and delays?

A      Yes.
                   COURT OF COMMON PLEAS


Q      And is the Vascar an approved timing device by PennDOT?

A      Yes.

Q      This was a road thereby regulated by PennDOT, in the


A      Yes, it is.

              MS. CIAFRE: I have nothing further.

           Commonwealth rests.

              THE COURT: Now, sir, you have the

           opportunity to present whatever witnesses

           including yourself that you wish to.

              THE DEFENDANT: Thank you. I then would like

           to ask Your Honor to recognize Mr. Andrew Tepper

           whose qualifications -

              THE COURT: Well, you have to have him

           testify to his qualifications. Then the Court

           will rule whether he is an expert or not.

              THE DEFENDANT: Thank you.

              THE WITNESS: Ready for me?

              THE COURT: I guess he's --

              ANDREW TEPPER,

              a witness calledon behalf of the defendant,

              having been previously duly sworn, was

              examined and testified as follows:


                   COURT OF COMMON PLEAS


Q      Will you, please, state your name?

A      Okay. My name is Andy Tepper, and my qualifications

       are, I have a Bachelor of Science in applied math from

       Carnegie Mellon, 1989.

Q      Would you say, Mr. Tepper, you are - would you say,

       Mr. Tepper, that you are familiar with and understand

       mathematical questions pertaining to this case such as

       means, and distribution, and standard error?

A      Yes. I can provide testimony, or I can do the kinds of

       mathematical calculations that might show what the

       error is, if his - if the officer's timing was off by

       some fixed amount. I can calculate how that would

       affect -- or what the range of the average speed might


Q      Okay.

A      Given a distance of 100 feet.

              THE DEFENDANT: Thank you.

              THE COURT: Are you finished?
              THE DEFENDANT: No.

              THE COURT: Okay. Well, continue to qualify


              THE WITNESS: I think I'm finished.

              THE DEFENDANT: Would you accept his


              THE COURT: Wait a minute. You have a right
                   COURT OF COMMON PLEAS


           to try to qualify him. Then the District Attorney

           will try to show that he doesn't have


              MS. CIAFRE: Your Honor, I would object to

           him being an, quote, unquote, expert witness. The

           fact that he has a BS in mathematics doesn't make

           him an expert. I have a BS in business

           administration. However. I do not prefer to be an

           expert. He has no Curriculum Vitae. I was not

           provided with an expert report.

              The fact that he graduated from school with a

           degree in math, in the Commonwealth's opinion,

           does not make him an expert.

              THE DEFENDANT: May I rebut that, Your Honor?

           The questions I intend to ask Mr. Tepper do not

           require more skill than a high school student to

           answer. It's the mathematical questions to

           decide --

              THE COURT: Is it something you could testify

           to yourself?

              THE DEFENDANT: That is perfectly correct,

           Your Honor.

              THE COURT: Well, then, you don't need an


              THE DEFENDANT: I would still like to have
                   COURT OF COMMON PLEAS

Transcript: Page 4 of 5



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