testified in Gager. But, of course, on that explanation there
should be even fewer gang members now, not more. Even the
Crown fairly conceded that Totten’s explanation “didn’t make
[ 80] Totten also misrepresented his sample size of gang
members in one of two more recent studies, produced after the
second trial in this case but before the voir dire in Gager. The
two studies — one in Prince Albert and the other in Regina,
Saskatchewan — looked at aboriginal gangs, not conventional
street gangs. According to Totten’s evidence in Gager, these
two studies added 229 additional gang members to his overall
sample size — 151 in the Prince Albert study and 78 in the
Regina study — for a total sample size of 519 gang members.
But a review of the Prince Albert study shows that the figure of
151 is inflated, and indeed false. The study itself states that
only 49 per cent of the 151, or about 72 participants, were current or recent gang members.
[ 81] Sample size is obviously important to Totten. In his second report for the first trial, he claimed that his sample size of
290 street gang members was “considerably larger” than the
sample size in any existing gang study, 6 and was large enough
that his results could be “generalized” to other parts of Canada.
In his report for Gager, he claimed that his sample size of 519
was “many times larger” than the sample size used in previous
Canadian studies. And, sample size is indeed important. The
larger the sample, the more significant the results derived from
the data and the more confidence we can have in the inferences
sought to be drawn from those results.
 But inflating his sample size as Totten has done by misrepresenting the number of gang members casts a dark cloud
over the reliability of his statistical evidence. The number of
gang members in his study of Guys, Gangs and Girlfriend Abuse
is 22, not 90, and his accurate total sample size is 222, not 290.
The reduction in Totten’s sample size likely affects, to an extent
unknown, the numbers derived from it — 97 who committed
a homicide, 71 of which had a teardrop tattoo.
6 The report states that the sample size was 300 gang members. In his testimony in Gager, Totten clarified that 300 was a typographical error and
the correct number is 290.