2003-03-25 TBLASMAN0328 - Laserfiche WebLink

Home

really do not need to designate experts. And I think it can complicate the matter. And, if for the record people want to offer them as having special expertise then they can put that on the record and the Commission can take that into account in giving weight to the testimony. And if you put all your credentials on the record and the Commission acknowledges those, you know, that should make a clear enough record without necessarily putting a label on that may cause you evidentiary problems. GIFFIN:Mikahala? ROY:Mr. Torigoe, thank you. Are you prepared to compare written oral validation or credentials? Can, would you be prepared to do that? ÒCause thatÓs what youÓre asking? GIFFIN:Mr. Torigoe? TORIGOE:IÓm not sure I understand what youÓre asking. ROY:My understanding of what you just said is that you would make sure that all parties would submit credentials to be considered as experts. My contention is that Mr. Bleck may be an expert in the field of architecture but he is not in my mind an expert in this field of architecture with relation to this sacred site. TORIGOE:Well, and thatÓs something that you can certainly argue and you can ask him questions about, you know, how his expertise is applied to the particular site. ROY:My concern is right here is your ability to differentiate between experts, Mr. Torigoe, the County, in understanding what is a cultural expert and the credentials. Those credentials are in bloodline, in years of exposure to oral testimony or history. It is in the years of time they have spent on the land. These are not on a piece o paper. So how would you equal that to a paper of credentials? TORIGOE:That is not something that IÓm trying to do at this point and itÓs not my job to do that. But you certainly have every opportunity to bring up testimony that would establish, orally or written, what you feel are the credentials that give a particular witness weight. ROY:So could you clarify your position again? TORIGOE:Basically, that it is not, I think, necessary or normal procedure to qualify people as experts for purposes of an administrative hearing. If you want to put on record that you want to offer that person as an expert for whatever purposes, then youÓre certainly free to establish that by way of written documents or oral testimony and to put on record why the Commission should consider a personÓs testimony of more weight than someone elseÓs. You know, youÓre free to do that. YouÓre also free to question the credentials or the weight that should be given to another witnessÓ testimony by way of cross-examination. 9