Expert Witness Blog

A Kansas City jury this week convicted Lisa Montgomery of killing Bobbie Jo Stinnett to kidnap Stinnett’s unborn daughter. The defense expert witnesses had testified that Montgomery suffered pseudocyesis, a delusional belief that she was pregnant, and post-traumatic stress disorder. The prosecution’s forensic psychiatriy expert witness Park Dietz dismissed the pseudocyesis claim but agreed Montgomery suffered from the stress disorder. He testified that it did not rise to the level of severe mental disorder which would have been key in supportilng an insanity defense in federal court. The Kansas City Star also reports that the federal jury found Montgomery, 39, guilty of one count of kidnapping resulting in death.

Professor Brad Cornell of the California Institute of Technology testified Wednesday for the defense in the Sydney, Australia, class action suit against gaming giant Aristocrat Leisure Ltd. The finance expert witness said only part of the 57 per cent fall in Aristocrat Leisure’s share price in February 2003 could be attributed to previously undisclosed bad news. The Sydney Morning Herald also reports:

Brad Cornell, from the California Institute of Technology, said sellers were also affected by the belated discovery that Aristocrat’s then management was “dishonest and incompetent”. When new executives were installed, the share price partly recovered.

The shareholders’ expert witness, the New York econometrician Fred Dunbar, argued that almost all the share price fall could be attributed to the effect on earnings of the new information. He said the share price would have fallen by the same 57 per cent, albeit in stages, if Aristocrat had announced lower – correct – profits in February and August 2002 and if it had righted an inflated profit forecast in December 2002.

William “Billy” Nichols Jr. is charged with double counts of DUI manslaughter and vehicular homicide in the deaths of two nurses, Nancy and Holly Cummings, on Nov. 26, 2004. Nichols had a blood alcohol level of 0.13 to 0.15 when he lost control of his Ford F-250 truck. The legal limit is .08. The defense contends that Nichols has a medical condition that results in a high blood alcohol level in his stomach hours after drinking but toxicology expert witness for the prosecution, Dr. Mark Montgomery, testified Thursday saying “You can’t fool mother nature or the brain when it comes to alcohol. Ocola.com goes on to report:

The defense is not contesting the blood results but is alleging a medical condition caused alcohol to sit in Nichols’ stomach and not metabolize, which would cause the blood alcohol level in Nichols’ stomach to rise after the crash. (Expert witness) Montgomery disputed the claim. “I’ve never seen any piece of data that suggests … fluid sitting in the stomach and magically starts getting absorbed,” Montgomery said.

DNA testing puts Orange Taylor III at the scene of the sexual assault and murder of Eastern Michigan University student Laura Dickinson. DNA expert witness Heather Vitta testified that Taylor’s DNA is a perfect match to semen stains found in her college dorm room. Expert witness Vitta, supervisor of the biology and DNA unit at the Michigan State Police Northville lab, testified in Washtenaw County Court. The Detroit Free Press also reports:

Taylor’s DNA perfectly matches samples taken at the scene, and the odds of finding another match would be one in quadrillions or even quintillions, Heather Vitta, supervisor of the biology and DNA unit at the Michigan State Police Northville lab, testified in Washtenaw County Court.

With these kinds of numbers, she said: “I certainly would expect to see it only once in the entire population of the world.” Dickinson was killed early Dec. 13, prosecutors say, by then 20-year-old Taylor. Taylor now is 21 years old. Blaine Longsworth, Washtenaw County assistant prosecutor, called the attack “every woman’s worst nightmare come true.”

Lisa Montgomery is on trial in federal court in Kansas City for killing Bobbie Jo Stinnett in December 2004 and cutting her baby from her womb. Vilayanur Ramachandran, a brain expert witness researcher and California university professor, testified that Montgomery suffered from a delusion that she was pregnant. People with this condition, known as pseudocyesis, will go as far as manufacturing evidence to cling to their delusion, the expert witness said. The Kansas City Star also writes:

First Assistant U.S. Attorney Matt Whitworth questioned Ramachandran about all the evidence against Montgomery and the inconsistent statements she gave about her alleged pregnancy in the months leading up to Stinnett’s killing. He testified that “fluctuations” in a person’s stories would be consistent with an emotionally disturbed person in a delusional state.”Despite all this evidence you contend that she didn’t know it was wrong?” Whitworth asked. “That is correct,” Ramachandran answered.

The National Association of Criminal Defense Lawyers says a judge erred in barring a defense expert witness while allowing two similar experts for the prosecution in the criminal conviction of Qwest Communications chief Joe Nacchio. The NACDL said the judge’s decision allowed government experts to be “effectively unchallenged.” CNNMoney.com also writes:

Allowing Nacchio’s conviction to stand would ‘create an uneven playing field, especially in complex criminal trials such as white-collar cases, in which experts are increasingly important,’ according to the document.

Barbara Bergman, a University of New Mexico law professor and president of the group, said the expert was Daniel Fischel, corporate law expert witness, who was to testify about Qwest’s guidance and its impact on the financial markets during 2000 and 2001.

Dr. Charles Yancey is suing the American Academy of Ophthalmology and two doctors who filed a complaint against him for allegedly giving inaccurate testimony. Ophthalmology expert witness Dr. Yancey claims all three conspired to defame and intimidate him so he wouldn’t testify in other cases, according to the lawsuit filed in July. American Medical News reports:

It was the first time Dr. Yancey had served as a medical expert witness, and “he felt an ethical obligation to step forward and do this,” his lawyer, Michael A. Zimmer, said. But the fact that Dr. Yancey received the faxed letter the day before his deposition in a subsequent trial on damages in the case, “was clear evidence that this complaint was filed … to try to get him to alter his testimony,” said Zimmer, who practices in Minneapolis.

Former OK state Sen. Gene Stipe’s mental competence could have significant ramifications beyond an effort to revoke his probation. A recent indictment against him on new charges also could be affected. Stipe’s competence is being questioned after a federal judge said Monday that a prison psychologist found Stipe to be incompetent.
NewsOK.com also writes:

U.S. District Judge Ronald White made the statement during a 20-minute hearing on a defense motion to delay the octogenarian’s mental competency hearing. Stipe’s lead attorney, Clark Brewster, requested the hearing, saying he received Dr. Robert Denney’s report on Stipe only last week. Brewster said that didn’t give him ample time to study it and find expert witnesses who might possibly challenge the report’s conclusions.