Expert Witness Blog
Judge Elizabeth Thomakos will allow no child abuse expert witness to use the term Shaken Baby Syndrome in the Marsha Mills murder trial, beginning next week in New Philadelphia. According to the TimesReporter.com:
Thomakos explained the expert witnesses presented by the prosecution will not be permitted to give an opinion that the child was diagnosed with Shaken Baby Syndrome, will not be allowed to testify Mills shook him and will not be permitted to comment on whether Mills was truthful in her version of events….Thomakos used a recent decision by the Ohio Supreme Court in a case involving Battered Woman’s Syndrome to evaluate the admissibility of expert testimony. She decided that should Steiner testify the boy died from Shaken Baby Syndrome, he would take away the role of the jury in determining Mills’ credibility. The testimony of the expert could cause a juror to conclude the expert believed the defendant is guilty.