Articles Posted in Expert Witness Testimony

Troy Anthony Davis was sentenced to death for the murder of Savannah police Officer Mark Allen MacPhail but many of the eyewitnesses who identified Davis as the shooter have recalled their testimony. Officer MacPhail was fatally shot in a Burger King parking lot in August of 1989. Davis’ defense lawyers are trying to save him from execution and have hired leading firearms expert witnesses. These expert witnesses have determined that the analysis done soon after the killing was deeply flawed. Ballistics expert witness Kelly Fite concluded that the fornesic analysis done in 1989 was “shoddy and questionable at best and patently wrong at worst.” The questions the defense has raised have bought Davis time. Ajc.com writes:

Last month, the State Board of Pardons and Paroles temporarily halted his execution, just 24 hours before it was to be carried out…And on Friday, the Georgia Supreme Court granted Davis a rare opportunity to make his case for a new trial.

Polk County, Iowa, prosecutors have asked that the murder case against Justin Pollard be dropped in order to give an expert witness from the FBI time to review crucial videotape evidence. Pollard, 24, is charged with first-degree murder for allegedly running down Annamarie Rittman, 46, in the parking lot of a Lowe’s store in December of 2005. Assistant county attorneys asked that the case be dismissed without prejudice, meaning charges against Pollard can be refiled after a fornesic expert witness reviews the tapes which could take three months. DesMoinesRegister.com also writes:

Authorities remained mum on any possible motive in the crime… Polk County Attorney John Sarcone declined to discuss the motion, citing the pending litigation. Prosecutors say personnel at the FBI Laboratory in Quantico, Virginia can review…the video and the judge’s order, but that it could take up to three months. Charges against Pollard are likely to be refiled at that time.

San Diego bankruptcy Judge Louise DeCarl Adler appointed R. Todd Neilson, a nationally recognized expert witness in bankruptcy cases, to examine hundreds of accounts associated with the Catholic Diocese of San Diego and its parishes.The diocese stated in bankruptcy court that it does not own or control tens of millions of dollars worth of parish assets. The issue of parish-ownership is at the center of the legal struggle between the Roman Catholic diocese and lawyers representing 150 victims of child sexual abuse by priests. SignOnSanDiego.com also writes that the 175-page report, filed by court-appointed financial expert witness Neilson…

found no overarching and consistent accounting system. “As a result (church officials) are often woefully unaware of the specific financial operations of the individual parishes,” it said. This is the first time in five Catholic bankruptcy cases across the country that a judge ordered such a financial review….The bankruptcy petition, which came after four years of unsuccessful settlement negotiations, put on hold the lawsuits filed by men and women who allege they were sexually abused as minors by priests and other church personnel in cases that date back decades.

Forensic pathology expert witnesses testified Thursday in the murder trial of 17-year-old Antonio Liceaga of Robinson Township, MI. Liceaga is charged with murder and second-degree felony firearms in the shooting death of 14-year-old Felipe Van. Expert witnesses included officers who examined the scene and the forensic pathologist who performed the autopsy on Van’s body. The defense hopes to prove the death was an accident that occured during “play-fighting gone wrong.” GrandhavenTribune.com also reports:

A young teen who was the only eyewitness to the shooting death of 14-year-old Felipe Van appeared nervous and showed signs of inconsistency during his testimony…Dalvin Kann, Van’s 13-year-old cousin, said he was sitting in the living room recliner as Antonio “Tony” Liceaga, 17, went around the chair and shot Van in the head.

The last expert witnesses are giving evidence at the investigation into the fatal Black Hawk helicopter crash off Fiji in November 2006. Helicopter expert witnesses have focused on the problem of rotor droop, a loss of power to the rotor blade. Officers have stated it happens when the aircraft is mishandled while others propose that it is a characteristic of the Black Hawk that had not been formerly reported. Abc.net.au also writes:

Captain Mark Bingley was performing a demanding assault-style landing when rotor droop developed and Black Hawk 221 hit the deck of the HMAS Kanimbla on November 29. Capt Bingley and SAS trooper Joshua Porter were killed in the ensuing crash. Experts have confirmed pilots are under pressure to perform risky manouevres when carrying SAS troops and there are significant gaps in training for the aircraft.

Whole Foods Market Inc. and Wild Oats Market Inc. are disputing the Federal Trade Commission’s plan to stop their merger. Both sides hope to discredit the other’s expert witnesses regarding the $565M merger. Two antitrust expert witnesses testified as to whether the merger would illegally dominate the premium natural- and organic-foods market. Marketwatch.com also writes:

Judge Paul L. Friedman must decide whether to accept the government’s argument that the two companies primarily compete in a narrow market that is distinctly separate from the broader U.S. grocery marketplace. He primarily listened to the questioning, offering few comments that might suggest how he could rule. But the judge did indicate he is searching for the appropriate definition of the marketplace in which Whole Foods and Wild Oats compete. During questioning from FTC attorneys, David Scheffman, an antitrust consultant who testified for the grocery companies, told the court those premium natural-foods stores don’t just compete with each other, as argued by the FTC, but are part of the broader supermarket industry.

Luzerne County, PA First Assistant District Attorney Jackie Musto Carroll is using animation as evidence in the murder trial of Jeff Dennis. “We bring to life their testimony,” said Andre Stuart, forensic evidence expert witness and head of the company handling the prosecution’s animation. Determination on whether animation can be used in a trial depends on the evidence discovered. The prosecution will argue that the animation supports expert witness analysis of the evidence. TimesLeader.com also writes:

“You can’t just have someone tell a story. It’s gotta have a basis to it,” Musto Carroll said. “It’s a very technical process that they go through … to make sure the experts can say, ‘Yes, this is in compliance with the expert report.'” Lackawanna County District Attorney Andy Jarbola said the animation isn’t “like a motion picture.” It’s more of an animation of still photos and sketches to show where the suspect was standing, the position of the victim, the distance between the two, and the angle in which the bullet struck the victim.

The arrest and suicide of Seattle psychologist Stuart Greenberg could result in challenges to his recommendations and the resulting decisions handed down in past sexual-abuse and child-custody cases. Greenberg, a nationally recognized expert witness in sexual-abuse cases, also consulted for the Archdiocese of Seattle in their priest-abuse cases. Greenberg was arrested and then suspended from practice after he allegedly videotaped a woman in his office bathroom. The psychology expert witness frequently served as a parenting evaluator in child-custody cases. SeatteTimes.com also reports:

King County Presiding Judge Michael Trickey said the courts – and families going through custody battles – will have to contend with a number of difficult issues in the wake of Greenberg’s arrest and subsequent death. He anticipates a flurry of challenges by parties who were unhappy with past evaluations involving Greenberg.

Centre County District Attorney Michael Madeira filed a motion Wednesday seeking to prevent Joseph Ventura’s attorney from using three expert witnesses in support of his client’s self-defense argument. Ventura is charged with the fatal stabbing of Penn State student Michael Donahue, 22. Ventura contends he acted in self-defense in the Feb. 19, 2006 altercation at Club Love. The defense is relying on three expert witnesses: toxicology expert witness Dr. Richard Saferstein, psychology expert witness Dr. Stanley E. Schneider, and pathology expert witness Dr. Jonathan L. Arden. Madeira argued in a motion Wednesday that none of these witnesses are relevant and is asking Centre County Judge Thomas King Kistler to exclude their testimony at trial, scheduled for Aug. 8-10 reports CentreDaily.com.

Expert witness Dr. Matthew Levitt, director of the Washington Institute’s Stein Program on Terrorism, Intelligence, and Policy, continued his testimony Wednesday in the case against the Holy Land Foundation for Relief and Development. HLF is charged with channeling material support to HAMAS, the Palestinian terrorist group. Five HLF officials are on trial in Dallas while two others live abroad and are considered fugitives. Levitt, the prosecution’s terrorism expert witness, testified as a HAMAS expert about the group’s methods of recruitment and their violent attacks.

Counterterrorismblog.com also reports:

Levitt also spent considerable time discussing the charitable Zakat Committees. He called them “HAMAS’ most effective tool… they build grassroots support for the organization…(and) provide a logistical support mechanism to the terrorism wing by providing day jobs to HAMAS terrorists…Hamas seeks to establish an Islamic Palestinian state in all of Israel, Gaza and the West Bank,” he said. Levitt has testified in other criminal trials in the United States including US v Marzook et al in Chicago and US v Al-Arian et al in Tampa.