Page 97 of Resurrection Walk

“Yes.”

“Am I saying that right? Like the woman’s name Amy?”

“Yes.”

“So that isA,capitalI,notA,lowercasel?”

“Correct.”

“Why is it spelled that way?”

“The program is built on a machine-learning platform I developed with my partner Professor Edward Taaffe at MIT.”

“Bymachine learning,you mean artificial intelligence, don’t you?”

“Yes.”

“Thank you. No further questions.”

Coelho excused Arslanian. Bosch looked at Haller and saw the lawyer drop his head. Something was going wrong. Before Arslanian was even through the gate to the gallery, Morris addressed the judge.

“Your Honor,” he said, “the State moves to have the testimony and presentation of the witness struck from the record under Federal Rules of Evidence section seven-oh-two C.”

Haller stood up to be heard. Arslanian quickly slipped into the bench where most of the members of the media were sitting.

“Your Honor?” he said.

“Not yet, Mr. Haller,” the judge said. “You’ll get your turn.

Mr. Morris, do you wish to elaborate?”

“Thank you, Judge,” Morris said. “In regard to expert testimony, section seven-oh-two C states that the testimony and presentation of an expert witness must be the product of reliable principles and methods. The use of artificial intelligence has not been approved in the U.S. District Court for the Southern District of California. Therefore, the witness’s presentation as well as any testimony derived from her presentation must be rejected.”

The judge was silent for a long moment and then turned her attention to Haller.

“Mr. Haller, I’m afraid he’s right,” she said. “This district is looking for a test case for the use of artificial intelligence… but it has not yet come to pass.”

“May I be heard?” Haller said.

“You may,” Coelho said.

“This is flat-out wrong,” Haller said, pointing at the screen. “That program proves that Lucinda Sanz did not shoot her ex-husband and now you’re going to take it away from her on a technicality? She has been incarcer —”

“It’s not a technicality,” Morris said. “It’s the law.”

“Mr. Morris, do not interrupt,” the judge said. “Continue,

Mr. Haller.”

“She’s been in prison for five years for something she didn’t do,” Haller said. “That program proves her innocence and everybody in this courtroom knows it. If it’s not approved, then makethisthe test case. Your Honor, overrule the objection and we move forward and the AG can appeal.”

“Or I could sustain the objection and you could file the appeal,” Coelho said. “Different means to the same end. A higher court would decide this and you would have your test case.”

“And how long is that going to take?” Haller said. “Another three years in prison for my client while we wait to be heard on the matter? The court is behind the times, Judge. AI is here — it’s used in surgery, it’s driving cars, it’s buying stocks, it’s choosing the music we listen to. Your Honor, the applications are endless. Don’t send this woman back to prison because the courts are archaic and lagging behind the technology of the day.”

“Mr. Haller, I understand your concern,” Coelho said. “I truly do. But I am sworn to uphold the laws we currently have and I cannot anticipate the laws of the future.”

“Judge, this hearing is supposed to be about finding the truth,” Haller said. “What does it say about us if we know the truth and throw it away?”

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