Articles Posted in Expert Witness Testimony

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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.

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Attorneys for 45-year-old Lonnie Troy Glinski will try to prove that he was criminally insane when he planted four pipe bombs in the Willamette Valley, OR, last summer. Glinski faces 17 counts of felony charges, 13 counts of attempted aggravated murder and four counts of unlawful possession of a destructive device. Dr. Richard Hulteng was appointed by the court as a psychiatrist to give Glinski a mental evaluation in February and medical expert witnesses are set to appear for both the defense and prosecution. Court subpoenas inlcude mental health expert witnesses Dr. Roger Jacobson of Corvallis and Dr. James Koski of Corvallis. Law enforcement officials are set to appear as expert witnesses for the prosecution. StatesmanJournal.com also reports:

Lonnie Troy Glinski has been in custody since his arrest Oct. 17. The pipe bombs were discovered in four locations in the Salem area on Aug. 10, 2006…Glinski’s attorney Stephen A. Lipton said the defense does not intend to dispute the facts of the case, but makes the argument that Glinski was insane at the time of the crime.

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22-year-old Payton Lewis and his girlfriend Samantha Ely died in a fiery single-vehicle accident on Dec. 9, 2006 and Ford Motor Company is charged with their deaths. Lawyers hired by Payton’s mother Delicia Lewis filed a wrongful death suit against Ford Motor Company Thursday claiming that a faulty switch in Payton’s car caused his untimely death.
Plaintiff’s counsel have enlisted the help of an automotive fire safety expert, but more expert witness testimony is anticipated. JacksonvilleDailyProgress.com reports Lewis’s attorneys stating:

There is a lot of science and engineering that goes into all of this… A biomechanical engineer may be needed to determine whether Payton was killed on impact or not. There was absolutely no intrusion into the driver’s side of the passenger compartment during the crash, so we think the impact itself was very survivable.

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Babysitter Katie Sue Savoy, 26, is charged with manslaughter in the death of 11-month-old Lane Leger. Expert witnesses testified that the child’s injuries were inflicted by an adult. Forensic pathologist expert witness Dr. Paul McGarry testified that Leger’s death could not have been the result of falling or bumping his head. The timeline has become a key element in the trial because the defense contends that the child was injured before arriving in Savoy’s care. Prosecutors established a specific time frame for the severe head injuries that led to Leger’s death and expert witness McGarry said he believes Leger may have been injured only an hour before being transported to the hospital. The DailyAdvertiser.com also writes:

The impact happened at great force,” McGarry testified. “The degree of injury is so heavy to break all three bones that I would expect a child with this type of injury to become symptomatic almost immediately.

Savoy was arrested two months later by investigators and if convicted, could face a maximum sentence of 40 years in prison.

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In US v. Ta, 2007 U.S. Dist. LEXIS 58130, Hoa Quoc Ta hoped to use expert witness Mr. Nguyen Ba Chung as an expert on Vietnamese culture. Ta is charged with kidnapping, carjacking, and “possessing a firearm in furtherance of crimes of violence in violation.” But while Chung holds positions as Research Associate at the William Joiner Center for the Study of War and Social Consequences and Project Director of the Rockefeller Program at the University of Massachusetts, the court rejected the expert’s testimony saying that the:

Defendant fails to demonstrate that Chung is qualified to testify competently regarding the subjects he intends to address, that his testimony is reliable under Daubert and its progeny, and that his testimony would aid the trier of fact.

Chung was expected to testify regarding the difference between Vietnamese and American views on family, religion, community, politics and government organizations, crime, and gangs.

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The Asylum and Immigration Tribunal (AIT) in London heard testimonies from expert witnesses and former Zimbabwean intelligence officers and police officers regarding HS, an asylum seeker who cannot be named. The lawyers say Britain is not giving amnesty to failed asylum seekers. Deportations to Zimbabwe are currently frozen pending the outcome of the case, but a ruling against HS could trigger a fresh wave of deportations. NewZimbabwe.com reports:

The outcome of the case, which was declared as the new country guidance case for Zimbabwe, could affect thousands of asylum seekers whose applications have been turned down and are now awaiting deportation.

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Stark County, OH, Judge Richard Reinbold ruled that Brian C. Aduddell, accused of murdering his grandparents, was not guilty by reason of insanity. “It’s for life,” said Stark County Prosecutor John Ferrero. “There will be periodic reviews, but he could spend the rest of his life there.” Ferrero said his office has a great deal of respect for Dr. Kathleen Stafford, the director/clinical (forensic) psychologist of the Psycho-Diagnostic Clinic in Akron, who evaluated Aduddell. Stafford has been an expert witness for 30 years in about 150 cases.

Aduddell was facing two counts of murder – one count each for Charles Evans, 81, and his wife, Evelyn, 80, of 2129 Mayflower Road N.W. – that carried a possible sentence of 15 years to life. IndeOnline.com also writes that forensic psychology expert witness Stafford:

..used several different methods to evaluate Aduddell including in-depth one-on-one sessions totaling about for hours in May and June, psychological testing, interviews with family and friends, and observations made by deputies at the Stark County Jail, and officers who dealt with him immediately after the crime in Willard, Findlay and Massillon.

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A computer security and forensics expert witness supports the group of Oklahoma University students in their fight against the RIAA. The RIAA had obtained an order compelling the university to turn over the students names and addresses. The expert witness’s declaration supports the students’ motion to vacate the ex parte order and says the RIAA based its motion on information that is “factually erroneous” and “misleading.” According to Recording Industry vs The People.com:

Among other things he pointed out that ‘An individual cannot be uniquely identified by an IP address,’ and that ‘Many computers can be connected to the Internet with identical IP addresses as long as they remain behind control points.’ The students are represented by the same Oklahoma lawyer who recently obtained a award for $68,000-plus in attorneys fees against the RIAA in Capitol v. Foster.