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         1

         2                           AFTERNOON_SESSION
                                     _________ _______

         3

         4

         5                        (WHEREUPON, AT 2:05 PM THE

         6                  FOLLOWING TRANSPIRED IN OPEN COURT, IN THE

         7                  PRESENCE OF THE JURY:)

         8                              THE COURT:  GOOD AFTERNOON,

         9                  LADIES AND GENTLEMEN  AS A RESULT OF A

        10                  COUPLE OF QUESTIONS I ASKED, DR PIVER IS

        11                  STILL HERE

        12                              MR KEENHEEL:  WE DISCUSSED IT

        13                  I THINK IT HAS BEEN ESTABLISHED THAT THE

        14                  TEAR OCCURRED DURING DELIVERY

        15                        I AM GOING TO CALL MR PARRISH  THE

        16                  FATHER

        17                              THE COURT:  LET ME ASK YOU

        18                  THIS, MR BRITTON  AS A RESULT OF MY

        19                  QUESTIONS, DO YOU WANT TO ASK DR PIVER

        20                  ANYTHING?

        21                              MR BRITTON:  NOT AS A RESULT

        22                  OF YOUR QUESTIONS

        23                              THE COURT:  ARE YOU FINISHED?

        24                              MR BRITTON: I THINK YOU
 
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         1                  CLEARED IT UP  I THINK THERE WERE A COUPLE

         2                  OF THINGS THAT I NOTICED IN DR PIVER'S

         3                  RECORDS  I HAD A CHANCE TO LOOK AT THEM

         4                  THAT I WOULD BRING UP WITH HIM NOW

         5                              THE COURT:  DO YOU WANT TO ASK

         6                  HIM?

         7                              MR BRITTON: I HAVE A COUPLE

         8                  MORE QUESTIONS

         9                              THE COURT:  DO YOU MIND TAKING

        10                  THE WITNESS STAND  SINCE I ALLOWED MR

        11                  BRITTON TO REVIEW YOUR RECORD IN THIS CASE

        12                  OVER LUNCH, HE MAY HAVE A FEW QUESTIONS FOR

        13                  YOU

        14                              COURT CRIER:  MAY I REMIND YOU

        15                  THAT YOU ARE UNDER OATH

        16

        17

        18                            -      -      -

        19                          RECROSS-EXAMINATION

        20                            -      -      -

        21           BY MR BRITTON:

        22           Q     DOCTOR, I HAD THE OPPORTUNITY TO LOOK AND

        23           REVIEW YOUR FOLDER AND JUST A COUPLE OF ADDITIONAL

        24           QUESTIONS, IF I MAY  YOU, IN FACT, DOCTOR, HAD
 
                                                                           103




         1           THE DELIVERY NOTE IN THE MATERIALS THAT WERE

         2           FURNISHED TO YOU BETWEEN THE TIME YOU PREPARED

         3           YOUR FIRST E-MAIL REPORT AND THE TIME YOU PREPARED

         4           YOUR SECOND E-MAIL REPORT  I HAVE TABBED FOR YOU,

         5           DOCTOR, SO YOU CAN FIND IT QUICKLY  AT LEAST I

         6           THINK I PUT A TAB ON IT, THE DELIVERY NOTE,

         7           CORRECT?

         8           A     YES

         9           Q     LET ME PUT THIS UP FOR THE JURY  THAT WAS

        10           PREPARED BY THE DOCTOR WHO PARTICIPATED IN

        11           DELIVERY, CORRECT?

        12           A     IT WAS PREPARED BY DR TOMASSONI

        13           Q     WHO ASSISTED IN DELIVERY?

        14           A     OKAY

        15           Q     AND, DOCTOR, YOU, IN FACT, ON YOUR COPY OF

        16           THAT AND THIS WAS PART OF THE RECORDS THAT YOU GOT

        17           AFTER THE OPINION BASED UPON THE HYPOTHETICAL, BUT

        18           BEFORE YOU WROTE YOUR SECOND OPINION AFTER YOU GOT

        19           THE RECORDS?

        20           A     YES

        21           Q     YOU, IN FACT, HIGHLIGHTED IT WITH A

        22           HIGHLIGHTER THE STATEMENT ON THIS  SHE HAS ALSO

        23           NOTED DECREASED FETAL MOVEMENT SINCE THIS MORNING,

        24           DECEMBER 23, 1996, CORRECT?
 
                                                                           104




         1           A     CORRECT

         2           Q     YOU HIGHLIGHTED THAT ON YOUR COPY IN

         3           REVIEWING THAT?

         4           A     BECAUSE IT WAS INCONSISTENT WITH WHAT WAS

         5           IN THE AUTOPSY FINAL REPORT, SURE