In closing arguments, Tracey pointed out that Patrick Wier had testified that he knew why the rats died because he did a study in 1997.
"Let's see whether or not that's true," he told the jury.
He then reread a memo, gone over during the trial, from July 10, 1998, a year after Wier did his study, which stated in reference to Wier: "Have you worked with Patrick on the concern about the REPROTOX work having been conducted in the seventies? If no, please initiate discussions and set up plans for the MHW discussion. If yes, I would like to know how we intend to justify the validity of these studies and the arguments for rebutting why we should not repeat them."
"I don't know how I can take that out of context," Tracey told the jury.
"If they knew the reason," he asked, "why do they need to defend or justify the validity of the studies?"
"Why do they have to have an argument for not repeating them if they are fine and ... everybody knows why the rats died?," he pointed out.
He noted that Wier's memo said, "all we really need is a plausible explanation in case the regulators ask us why the rats died."