Expert Witness Blog

Former Detroit police officers have filed a whistle-blower lawsuit against Detroit Mayor Kwame Kilpatrick and the city. The officers claim they were forced from their jobs after investigating the mayor and his personal security team. An economist expert witness testified that the mayor's decision to remove Gary Brown as a deputy police chief cost the veteran officer over $2 million in lost wages and benefits. Kilpatrick and attorneys for the city argue that the officers retired voluntarily. The Detroit Free Press also reports:

The expert witness also testified that former mayoral bodyguard Harold Nelthrope could be out nearly $600,000. That figure includes salary Nelthrope would have received had he not retired as a police officer in 2003, as well as projected future earnings.

Lt. Col. Steven Jordan, the only U.S. military officer to face a court martial in the Abu Ghraib prison abuse scandal, was reprimanded after his conviction on a single charge — failing to obey an order. Jordan was cleared of all charges including the abuse of prisoners and failing to do his duty as a senior officer. The Pentagon has stated that none of the other senior officers did anything wrong. But Stjepan Mestrovic, a Texas sociologist who has testified as an expert witness at previous Abu Ghraib trials, calls the Pentagon's strategy to blame the abuse on a few low-ranking soldiers as "magical thinking." Time.com also reports the behavioral science expert witness stating:

'It doesn't make any sense,' he says. 'There is no way that a handful of low-ranking soldiers could have invented techniques — all by themselves — that curiously enough were used at [the U.S. Naval detention facility at] Guantanamo and at other places in Iraq and Afghanistan.'...

Jordan, the only U.S. military officer to face a court martial in the controversy, was charged with ordering dogs to be used for interrogations; cruelty and maltreatment of prisoners who were allegedly subjected to forced nudity and intimidation by dogs; dereliction of a duty to properly train and supervise soldiers in interrogation rules; and disobeying an order not to discuss the case with other witnesses. Critics have long asked why the U.S. government has charged only low-ranking soldiers with serious crimes at Abu Ghraib, and why it did not pursue charges against civilian contractors, over whom it has jurisdiction.

A cell phone forensics expert witness brought in records of text messages, photographs and short videos taken from the phone of Raul Manuel Magallanez Jr., who is on trial in Lyon County District Court. Magallanez has been charged with raping a 13-year-old girl, as well as about 60 counts of indecent liberties with minors. Expert witness Kevin Ripa is director of computer forensics for Advanced Surveillance Group Inc. in Mount Clemens, Mich., president of Computer Evidence Recovery Co., in Calgary, Alberta, Canada, and regularly presents seminars internationally about cell phone and computer forensics. Ripa had recovered general records from the SIM card within the phone as well as a number of text messages, photographs and two videos. EmporiaGazette.com also reports:

One of the videos showed a long-haired blond girl apparently acting out instructions from an audible voice: “Give me a sexy look, like, ‘you’re going to do it look.’”

Bankruptcy judge Louise Adler will rule in September whether the San Diego's Catholic Diocese can legitimately file for bankruptcy. Attorneys representing 150 people who claim they were victims say re-activating those trials is the only way to force the diocese into a settlement. Judge Adler called in financial expert witness Todd Neisen to audit the San Diego's Catholic Diocese. The expert witness was asked to consider if parishes are independent financially and can be considered separately from the diocese assets. KPBS.com also writes that Neisen said:

His analysis of the churches' books revealed a “financial stew” where you can separate the peas from the carrots and the potatoes, but the money is all essentially co-mingled. He compared the financial relationship of the diocese to the parishes as that of a neglectful parent who never audits the books.

Attorneys for the diocese argued no money was hidden, but even the judge disputed their claims that money was not transferred after the sex abuse lawsuits were filed.

An eight-member jury returned a verdict of not guilty for Dan L. Petersen, charged with the 1986 murder of Tiffany Hambleton, 14. Expert witness testimony was crucial to Petersen's defense. Two forensic expert witnesses testified that in such a brutal stabbing, blood would have been everywhere. A roommate saw him come home the next day with no blood on his clothes or shoes. Another person sat next to him in a vehicle and also observed no blood. DeseretNews.com also reports:

Defense attorney Randall Skeen said the area where the girl's body was placed was muddy that night, but there was no mud on Petersen's shoes or his truck. Skeen also said there would not have been enough time for Petersen to take Hambleton to the place where the murder supposedly took place, kill her, cover her body with weeds, wash or change clothes, clean the truck thoroughly, make it run out of gas and then walk home.

The trial for singer R. Kelly will begin September 17 more than five years after he was charged with multiple counts of child pornography. Kelly allegedly videotaped himself having sex with a girl prosecutors say could be as young as 13. The girl denies that she's the person on the tape and prosecutors want to call a child pornography expert witness to testify that denial is a common issue with victims of child pornography. Cook County Judge Vincent Gaughan will also rule on whether an expert witness could testify that the veins in Kelly's hand are consistent with those in the hand of the man in the video. ChronicMagazine.com also writes:

After the prosecution tried for a reversal, Judge Vincent Gaughan upheld his ruling that the media and public could view the sex tape that allegedly depicts Kelly having sex with an underage girl and is at the heart of the charges.

San Bernardino County, CA prosecutors may file criminal charges against an attorney and an expert witness who shocked their client with a Taser when trying to show how police injured their client with the stun gun. ABCNewsOnline also writes:

Police say they briefly used the Taser a few times on Peter Schlueter's client George Engman to subdue him when they arrested him last year. Schlueter, who claims the police used excessive force against his client, said Engman had injuries that could only come from about a dozen zaps, or about 30 to 50 seconds, with the Taser.

But, after the tape was shown, San Bernardino County Deputy District Attorney Dan Ross said that Schlueter and his consultant Roger Clark may have violated the state's human experimentation law, which requires patients to sign waivers for medical experiments, according to Schlueter and local news reports.

After you have thoroughly researched and hired an expert witness in your case, it is natural to want to get the best testimony possible from your expert. While it may be tempting to try and tell the expert what to say on the stand, the expert witness's job is to find out the technical truth. Having the education, training, and experience to be an expert in their field probably means they are more knowledgable in their field than you are.

Make sure to provide your expert witness all the information available in your case. This may include medical records, blueprints, forensic evidence, etc. It may happen that you initally don't like what they have to say regarding the facts in your case but having the expert opionion will help you work out the best legal approach possible. To that end, be forthcoming with the facts. Hiding evidence that you think is damaging to your case can backfire if that evidence comes out in the courtroom.

Make sure to comparison shop when hiring an expert witness. Interview several potential experts and be sure they can tell you how they will proceed with your case. Checking their background has become less of a burden since much of the information can be found online for free.

The experts own web site should be carefully reviewed prior to retaining them. Is there anything embarrassing or contradictory on the site? Does the expert pronounce that he or she “is the leader in the industry” or put forth similar bravado that could affect how the jury perceives the expert? Imagine how the jury would react if the pages of the expert’s web site were displayed as exhibits at trial – because they very well could be.

When hiring an expert witness, make sure to allow time to research their background. Waiting until the last minute to hire an expert could be trouble. An important factor is an accurate assessment of an expert’s qualifications history in court. There is compelling statistical evidence to suggest that experts who have been allowed to testify after previous attempts to exclude them (i.e. who have passed “Daubert muster”) are more likely to withstand similar challenges in the future. Just as importantly, knowing the opponent’s expert’s qualification history can be valuable in challenging that expert, or in developing a strategy to attack the expert’s methodology and credibility. The “Daubert Tracker” (available at www.mdexonline.com) is a good place to start. Its primary focus is on the researching of the “evidentiary gatekeeping” history of experts.

Special health courts could be the answer to our medical malpractice mess writes Mark Crane, a former USA TODAY editorial writer. Ordinary citizens aren’t usually asked to decide complex legal disputes about tax law, bankruptcy, maritime cases, etc. for good reason. Crane writes:

While the principle of trial by jury is sacrosanct in America, basic fairness and common sense demand that such highly technical issues require expertise from witnesses and judges experienced in dealing with them.

Jurors hear testimony from dueling expert witnesses—hired guns who favor one party’s interpretation of events. The most personable witness may sway a jury no matter how fanciful his theories are. Jurors receive little guidance from judges as to how to evaluate that testimony or how much to compensate deserving plaintiffs.

The medical liability system is a mess, a highly inefficient and arbitrary arena where too much compensation is awarded to some injured patients and little or none to others. Deserving patients wait years to get compensated.

Crane says health courts may be the answer. "In New Zealand, Sweden, and Denmark, claims resolution takes six to nine months. The average time in the United States is five years."

Expert witness and former New York chief medical examiner Michael Baden has been hired by District Attorney Michael Jackson in the case against former Selma, AL trooper James B. Fowler. Fowler is charged with the 1965 murder of civil rights protester Jimmie Lee Jackson which began the "Bloody Sunday" Selma-to-Montgomery march. The forensics expert witness will use Jackson's autopsy records in his testimony. The Clarion-Ledger also writes that they have recently obtained information on new potential witnesses in the case.

At least 18 people witnessed the 1965 shooting of civil rights protester Jimmie Lee Jackson by an Alabama state trooper recently indicted on a murder charge in the case, newly obtained FBI documents show. Reports recently obtained by The Clarion-Ledger through a Freedom of Information Act request give details, including the identities of potential witnesses not even known to District Attorney Michael Jackson of Selma, who is prosecuting the case against former Trooper James B. Fowler.

The Marion, IN Police Department's accident reconstruction team is made up of five officers who receive special training for the "crash team." Officer Chris Butche says "It's such a challenge to try to take something of little importance to an accident and to try to take that and turn it into something beneficial to the accident." Members of the team use complex mathematical formulas to determine variables like speed and distance and must be ready to respond at any time, sometimes working quickly to find evidence before it is lost due to snow or rain. The Chronicle-Tribune.com also reports accident reconstruction expert witness and team member Amber Richards stating:
"You always work your accident backwards," said Richards, explaining that police always begin by investigating the moment of impact then branch out to find how the cars moved after the collision, if headlights were on or if passengers were wearing seat belts, among other factors. Accident reconstruction officers can press criminal charges against drivers who cause accidents through negligence. They often serve as expert witnesses in civil and criminal trials and their research can lead to traffic signal changes at dangerous intersections.

An angry judge berated Phil Spector's defense team this week for what he called "tactical, knowing" misconduct involving a new theory on Lana Clarkson's death. Well known forensic pathologist expert witness Dr. Michael Baden revealed an explanation for blood on Spector's clothing to jurors on the witness stand without notifing the prosecution in advance. CourtTVnews.com reports:

"I want to make it very clear there is a deliberate and knowing violation of discovery," Fidler told the lawyers. Fidler interrupted Baden's much-anticipated testimony soon after he laid out the new theory and held a special hearing outside the presence of jurors. The judge precluded the defense from questioning the expert witness further about the theory, which holds that Lana Clarkson survived a gunshot wound for several minutes.

A federal judge in Dallas agreed this week that an Israeli intelligence officer can testify anonymously as an expert witness in the trial of five men accused of funneling money to the radical Islamic group Hamas. U.S. District Judge A. Joe Fish closed the courtroom to all but attorneys and families of the defendants so he could conduct a hearing on whether to permit an officer with Israel's security agency to serve as a terrorism expert witness for the government. LATimes.com also writes:

The trial, now in its fourth week, centers on allegations that the Holy Land Foundation for Relief and Development, founded in Los Angeles, funneled millions of dollars to overseas charities controlled by Hamas. The foundation, once the largest Muslim charity in the country, was closed by the U.S. Treasury Department in December 2001.

Utilities expert witnesses will be testifying next month in the regulatory hearings into San Diego Gas & Electric's proposal to build the controversial $1.3 billion Sunrise Powerlink. SDG&E proposing that Sunrise would begin in Imperial County, cross Anza-Borrego Desert State Park and then run across North San Diego County communities. SDG&E said it welcomes restarting the hearings which will include expert witnesses testifying under oath and subject to cross-examination. SignOnSanDiego.com writes:

Administrative Law Judge Steven Weissman of the California Public Utilities Commission yesterday set Sept. 4 as the date to restart the hearings and laid out a new schedule for future sessions. Although the first round of hearings was in San Diego, the hearings will resume in San Francisco, site of the PUC headquarters. The new schedule calls for sessions Sept. 4-7, Sept. 26-28 and Oct. 3-4, with the last two days optional.

Attorneys for 45-year-old Lonnie Troy Glinski will try to prove that he was criminally insane when he planted four pipe bombs in the Willamette Valley, OR, last summer. Glinski faces 17 counts of felony charges, 13 counts of attempted aggravated murder and four counts of unlawful possession of a destructive device. Dr. Richard Hulteng was appointed by the court as a psychiatrist to give Glinski a mental evaluation in February and medical expert witnesses are set to appear for both the defense and prosecution. Court subpoenas inlcude mental health expert witnesses Dr. Roger Jacobson of Corvallis and Dr. James Koski of Corvallis. Law enforcement officials are set to appear as expert witnesses for the prosecution. StatesmanJournal.com also reports:

Lonnie Troy Glinski has been in custody since his arrest Oct. 17. The pipe bombs were discovered in four locations in the Salem area on Aug. 10, 2006...Glinski's attorney Stephen A. Lipton said the defense does not intend to dispute the facts of the case, but makes the argument that Glinski was insane at the time of the crime.

22-year-old Payton Lewis and his girlfriend Samantha Ely died in a fiery single-vehicle accident on Dec. 9, 2006 and Ford Motor Company is charged with their deaths. Lawyers hired by Payton’s mother Delicia Lewis filed a wrongful death suit against Ford Motor Company Thursday claiming that a faulty switch in Payton’s car caused his untimely death.
Plaintiff's counsel have enlisted the help of an automotive fire safety expert, but more expert witness testimony is anticipated. JacksonvilleDailyProgress.com reports Lewis's attorneys stating:

There is a lot of science and engineering that goes into all of this... A biomechanical engineer may be needed to determine whether Payton was killed on impact or not. There was absolutely no intrusion into the driver’s side of the passenger compartment during the crash, so we think the impact itself was very survivable.

National Medical Consultants, P.C., is sponsoring the Medical Malpractice Seminar of 2007 which benefits the Children’s Sunrise Fund. The seminar will be offered in 3 installments each with different speakers and 7.5 hours of CLE hours. The dates and locations are as follows:
September, 10, 2007 – at the Marriot in Trumbull, Connecticut
7.5 CLE Credits

September, 20, 2007 – at the Marriot in Uniondale, Long Island, N.Y.
7.5 CLE (1.5 ethics) Credits

September, 26, 2007 – at the Marriott East Side, New York City
7.0 CLE (0.5 ethics) Credits

For details and registration for the seminars and to order the master DVD/CD that includes hours from a previous seminar totalling 26 CLE (2.0 ethics) credits, go to nationalmedicalconsultants.com.

Further contact information is as follows:
Telephone: 718-423-9167 Facsimile: 718-423-9169
E-mail: medicalconsultants@nyc.rr.com
Website: nationalmedicalconsultants.com

Babysitter Katie Sue Savoy, 26, is charged with manslaughter in the death of 11-month-old Lane Leger. Expert witnesses testified that the child's injuries were inflicted by an adult. Forensic pathologist expert witness Dr. Paul McGarry testified that Leger's death could not have been the result of falling or bumping his head. The timeline has become a key element in the trial because the defense contends that the child was injured before arriving in Savoy's care. Prosecutors established a specific time frame for the severe head injuries that led to Leger's death and expert witness McGarry said he believes Leger may have been injured only an hour before being transported to the hospital. The DailyAdvertiser.com also writes:

The impact happened at great force," McGarry testified. "The degree of injury is so heavy to break all three bones that I would expect a child with this type of injury to become symptomatic almost immediately.