Sibling Rivalry IV: The Chemist

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Attorney Tan requested, "With the permission of the Honorable Court, may I call the second witness, your Honor?"

Judge Monsod answered, "Call in your next witness, counsel."

Attorney Tan introduced the next witness, "Our second witness is a forensic chemist who tested the salty substance in the gum that the first witness has tasted. He is Lemuel Musico."

Then the forensic chemist who examined the gum was sworn in, followed by a direct examination by Atty. Tan.

Attorney Tan started, "Please state your name and circumstances."

"Your Honor, I am Lemuel Musico, a Chemist, 43 years old. I am currently a practicing chemist in a private forensics laboratory for about 15 years, in Musico Labs to be exact."

"When did you take your Chemist Licensure Exam?"

"I took it in the year 1995, your Honor." went Mr. Musico.

"What do you do in Musico Labs?"

"We conduct independent forensic chemical tests, in assisting criminal investigations, your Honor."

"About how many times have you testified as an expert witness in a drug possession case?"

"This is my first time to testify in this capacity, your Honor."

He began to ask, "Mr. Witness, how do you know that the chewing gum contained barbital?"

"Your Honor, I did a spot test called the Dille-Koppanyi test. This test is used to determine the presence of barbiturates."

"What were the results of the spot test?"

"The presumptive test results are in Exhibit B, as marked."

"What does your report say on the said chewing gum?"

The chemist-witness replied pointing to the image of the chewing gum, "This is the chewing gum that he took," then he pointed towards the spot testing plate he used. "As you can see here, your Honor, the spot tests yielded a purple color which suggest that a barbital may be present."

"So, you suspected the presence of barbiturates?"

"Yes, your Honor."

"What specific barbiturate was it?"

"Sodium thiopental, your Honor."

"How did you know that it was sodium thiopental?"

"We subjected the sample to a liquid-chromatography mass spectrometry analysis, or LC-MS following Exhibit C. Using mass spectrometry can help us identify the substance in question and the fragmentation patterns can help us on identifying the structure of the compound in question. We checked the mass spectrum of the sample and we identified the fragmentation patterns are consistent with sodium thiopental."

"So, the chewing gum submitted for analysis contained sodium thiopental?"

"Yes, your Honor."

After direct examination, Atty. Peña questioned the chemist who analyzed the chewing gum, which by this time, was drugged as I know it.

Attorney Peña began his rapid-fire questioning, "So, the sample of the chewing gum given to you did not come fresh?"

"Yes, the chewing gum sample was not fresh, your Honor," replied Mr. Musico.

"So, even if the sample was not fresh, you still had to have it tested?"

"Yes, your Honor."

"How old was the sample that you tested when you received it?"

"Five to six months, your Honor."

"So, the sample was about five to six months old. Did you still test the chewing gum for the presence of barbital?"

"Yes, your Honor."

"How so?"

"Per the procedure of our laboratory, we test samples as they are received. We take account of the conditions of the sample as received and then we do the test as the client requests. In the case of the chewing gum that was tested, we conducted the Dille-Koppanyi test and the LC-MS (liquid chromatography-mass spectrometry) test. Even if the sample was subjected to the conditions as stated, the chemical tests yielded for barbiturates, sodium pentothal, your Honor."

"What brand is the chewing gum?"

"It is iCool, your Honor."

"Ah, the blue one?"

"Yes, your Honor."

"You also did a control test for sodium pentothal for this chewing gum? Explain."

"Yes, but that was after testing the ¼ chewing gum that my client gave earlier. We tested a sample of this as the positive control. We have found that the iCool chewing gum obtained from a supermarket had no detectable levels of sodium pentothal."

Attorney Peña was running out of questions and he let out a sigh. Silence followed.

"No more questions?" Judge Monsod asked.

"No more questions for cross, your Honor," replied Attorney Peña.

Attorney Tan wrapped up, "We are through with the presentation of all our witnesses, your Honor."

Judge Monsod asked, "Any additional questions or comments from the defense?"

Attorney Peña replied, "None, your Honor."

Attorney Tan concluded, "Your Honor, the People rest their case," followed by him sitting down.

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