Articles Posted in Expert Witness News

WebWire writes that computer forensic expert witnesses:

…deal with some of the most grave and serious of criminal cases that involve digital evidence. However it may be surprising to hear that currently there is no regulatory body to ensure the quality of their work, their security, and the expert’s individual’s background.

It is a different case for those forensic companies who work for prosecuting bodies such as police forces and law enforcement agencies, as they are normally independently regulated by the instructing body and undergo rigorous vetting. Forensic companies working solely for the defence however, have the same access to the same evidence involved in these cases, yet nobody is actively monitoring their activities. In theory a one man band with a computer and the appropriate software could take on criminal defence cases which range from fraud, terrorism and drugs offences, to indecent images of children and grooming charges.

As reported at p2pnet.net:

Word of the new Expert Witness Defense Fund is getting around online fast, and not only on English language sites. Vivendi Universal (France), Sony BMG (Japan and Germany), EMI (Britain), and Warner Music (US), the members of the Big 4 organised music cartel, are engaged in a vicious and bitter battle with their own customers to force them into becoming compliant consumers, just as they were in the heady pre-Net days…

The fund has been created so RIAA victims can hire their own (entertainment and media) experts in what Recording Industry vs the People’s Ray Beckerman believes is a “cataclysmic event in the history of the RIAA’s litigation campaign”. Free Software Foundation Expert Witness Defense Fund will, “go a long way to at least partially levelling the playing field for the men, women and even young children currently under attack by Warner Music, EMI, Vivendi Universal and Sony BMG,” we posted yesterday. So far, among others, it’s been reported by:

Debra Cassens Weiss reports Attorney Fee Expert Angers Judge, ABA Journal, 11/19/07.

A Philadelphia judge has chastised an expert witness for his testimony challenging attorney fees in two cases, including the class action case against Wal-Mart for unpaid overtime. In opinions issued last Wednesday, Judge Mark Bernstein criticized the defense witness, John Marquess of Legal Cost Control Inc., for testimony in the Wal-Mart case and in a successful class action suit against Kia Motors America Inc., the Legal Intelligencer reports. Bernstein awarded $45.7 million in attorney fees and $3.6 million in expenses in the Wal-Mart case.

In the Kia case, Bernstein said Marquess gave a biased review that was ‘intentionally factually restricted.’ Bernstein had awarded $4.125 million in fees in the suit, which had contended brakes on 1995 to 2001 Kia Sephias needed to be replaced about every 5,000 miles. The jury ordered Kia to pay $5.6 million, or $600 each, to the 9,402 class members. Bernstein had been ordered by a Pennsylvania superior court to write an opinion justifying the fees.

Kansas State University Professor and expert witness Bob Shoop has been writing about teacher sex abuse cases since 1984. The child sex abuse expert witness says that “consistently most studies have indicated that between 5 and 10 percent of the students in a high-school setting have had an inappropriate relationship with an adult.” An AP investigation has found that more than 2,500 educators have been accused of misconduct and victims were 80% students.

Jeff Kuhner, communications director for the Thomas B. Fordham Foundation, said there are many reasons why most of the abuse goes unreported, but underneath is a bureaucracy looking out for its own. “You have public school unions who are very deeply entrenched, who are more interested in protecting the interests of their members and teachers than they are in serving students,” he said.

Roy Einreinhofer, spokesman for The National Association of State Directors of Teacher Education and Certification, operates a voluntary database to track offenders and says the list is long. “The clearinghouse contains around 37,000 names,” he said, “and that increases at a rate of about 2,500 or so a year.”

An Expert Witness Defense Fund was established today by the Free Software Foundation and the Recording Industry vs The People blog (run by copyright attorney Ray Beckerman) to help defendants cover the costs of entertainment and media expert witnesses used to defend themselves against file-sharing lawsuits brought by the recording industry. “This could be a real catalyst in the file-sharing litigation,” Beckerman said. If you agree and want to contribute to the fund, the FSF has a page set up for contributions. If you’ve found yourself on the wrong end of a file-sharing lawsuit, you can e-mail Beckerman with the subject “Technical Expert Funding Request.”

Ars Techica reports that cases will have to meet certain criteria to benefit from the fund including the defendant’s willingness to see the case through to conclusion, the importance of the case to critical legal issues, the amount of money spent by the defendant and/or the attorney fighting the infringement claims, the need for assistance and technical expertise, and the competing needs of other cases.

Media expert witness Dr. Mary Lynn Young will be heard on Oct. 29 and 30 at the Cornwall Ontario Public Inquiry. Young is the acting director and an associate professor at the University of British Columbia’s Graduate School of Journalism. The expert witness will speak on the impact media coverage may have had on the community and whether that coverage influenced institutional response to allegations of child sexual abuse. The Inquiry’s task is to research and report on the institutional response of the justice system and other public institutions in relation to allegations of historical abuse of young people in the Cornwall area. CNW Group also writes:

Having nearly completed hearing testimony from witnesses who are victims or alleged victims of child sexual abuse, the Inquiry is now hearing community context evidence. Much of this form of evidence is provided by individuals who were not themselves victims of childhood sexual abuse, but who became involved in issues related to allegations of abuse. Some of the witnesses scheduled to appear have held to the view that there was disregard for – or suppression of – information regarding abuse of children and youth.

Texas lawmakers heard complaints from medical expert witnesses about the Texas Medical Board on Tuesday. During the proceedings, legislators questioned the board about former member Dr. Keith Miller, who resigned in August after a law was passed banning board members from acting as expert witnesses in malpractice cases. The Statesman reports:

The House Appropriations regulatory subcommittee, led by state Rep. Fred Brown, R-Bryan, has heard repeated charges that the board expends time and money chasing violations that have little to do with patient care, Brown said…. Dr. Roland Chalifoux, a former neurosurgeon in the Fort Worth area, said the board unfairly took his license after a patient died, forcing him to leave the state. If he is a danger to patients, he asked lawmakers, why is he allowed to teach and practice in Wheeling, W.Va.?

While some may think expert witnesses are paid to say what lawyers wants them to say, these experts tell the real story:

DNA expert witness Dr. Richard Saferstein says the legal system could not work without expert witnesses. “Expert witnesses such as myself are an important safeguard in the judicial system. If there’s a problem, we hopefully can find it. And we can discourage the government from going overboard,” says Saferstein, a defense expert in criminal cases for 15 years.

Dr. Joseph Willner, chief of neurology at Englewood Hospital and Medical Center, says “What [an IME] should be is a person who has no ax to grind, no bias … who essentially gives a second opinion.”

Former Adelphia executives John and Tim Rigas filed a petition Wednesday to have their case heard by the U.S. Supreme Court. Adelphia former chairman John Rigas was sentenced in 2005 to 15 years in prison and his son, former chief financial officer Timothy Rigas was sentenced to 20 years in prison as a result of their 2004 convictions on 18 counts of fraud and conspiracy. The Rigases contend that the government erred by not calling accounting expert witnesses during the criminal trial. Broadcast Newsroom also reports:

‘Plaintiffs who bring civil securities fraud cases are subject to a clear and well-established rule. If the case turns on accounting issues outside the knowledge of lay jurors, the plaintiff as the party bearing the burden of proof must call expert witnesses,’ the Rigases attorneys claim…

The Rigases claim the lower appeals court made a mistake in holding that GAAP rules ‘do not govern’ in a securities fraud case and that compliance with GAAP is relevant only as evidence on an issue of good faith. The Rigases contend those statements contradict rulings in several different courts that ‘the SEC requires companies to prepare their public financial statements in conformity with GAAP.’

The Trans Canada Keystone Pipeline plans to run 220 miles through South Dakota in its Alberta-to-Illinois route. Heidi Tillquist, an environmental expert witness with ENSD of Fort Collins, CO, says chances of a spill along South Dakota’s part of the line are no more than once in 41 years. The expert witness said that if a spill were to happen, “the spill is likely to be very small.” Keystone Pipeline is preparing for a December hearing on its request to the state PUC. ArgusLeader.com also writes:

Skeptics say all pipes leak eventually. Curt Hohn, manager of WEB Water, is among them. ‘If my line leaks, it’s unfortunate, but it means somebody’s field gets wet,’ he said. ‘If a crude-oil pipe leaks, that’s a different problem entirely.’