Expert Witness Blog

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.

Bristol University’s Institute of Child Life and Health is releasing a study this week which found that 9 out of 10 mothers whose babies suffered SIDS smoked during pregnancy. The study says women who smoke during pregnancy are four times more likely than non-smokers to see their child fall victim to SIDS. Ms. Angela Cannings, from Salisbury in Wiltshire, maintained her babies died from SIDS but was jailed for life in April 2002 after she was found guilty of smothering her two sons. At her appeal, Professor Robert Carpenter, a medical expert witness specializing in statistics, said the babies had been at a “substantially increased risk” of SIDS because they may have been exposed to cigarette smoke. The Independent also writes:

The comprehensive report will make a strong case for the Government to increase the scope of anti-smoking legislation. It even suggests a possible move to try to ban pregnant women from getting tobacco altogether. The study, produced by Bristol University’s Institute of Child Life and Health, is based on analysis of the evidence of 21 international studies on smoking and cot death. The report, co-authored by Peter Fleming, professor of infant health and developmental physiology, and Dr. Peter Blair, senior research fellow, will be published this week in the medical journal Early Human Development.

Scientists are working to the theory that exposure to smoke during the pregnancy or just after birth has an effect on brain chemicals in the foetus or in infants, increasing the risk of SIDS.

Maine’s Public Advocate Office has proposed conditions for a deal in which Fairpoint would acquire Verizon’s northern New England landline business. The 23 conditions were developed based on the examination by Public Advocate attorneys, their four expert witnesses, and thousands of pages of documents, and testimony in the case. Telecommunications expert witnesses testified in the telephone utility acquisition case where PUC attorneys said “The risks presented by this case are enormous, and all potential adverse impacts must be addressed now.” Seacoast Online also reports:

A key element of the Public Advocate’s recommendations requires a restructuring of the agreement between Fairpoint and Verizon so that Verizon, in effect, is paid a lower price. That change would allow Fairpoint to operate with less debt. ‘Because, under Maine law, Verizon does not have the right to abandon service without the commission’s approval, the Public Advocate believes it is appropriate for the commission to require Verizon to lower its price in order to ensure Fairpoint’s long-term financial viability. Without a significant reduction in the price, this proposal will not work for Maine’s residential and small business customers,’ Davies emphasized. If Fairpoint and Verizon are unable or unwilling to perform on all of these recommended conditions, the Public Advocate will recommend that the transaction be rejected by the PUC.