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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.