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Judge Tom Yeager will preside over the seating of a grand jury in St. Tammany Parish, LA, which will determine if Amanda Gutweiler Hypes is re-indicted in connection with the 2001 Tioga house fire that claimed the lives of her three children. Hypes’ 2002 indictment was thrown out in 2006 when the judge said that the lead prosecutor with the Rapides Parish District Attorney’s Office had erred in showing secret grand jury proceedings to a fire expert witness.

Hypes’ attorney, Mike Small, has said the expert witnesses expected to testify before the grand jury are “absolutely convinced the fire is not arson.”

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In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained? In this excerpt, they write on showing an open posture to the jurors:

Show an Open Posture to the Jurors The first ingredient of a winning courtroom style is to show an open physical attitude, which illustrates an open psychological attitude. The jurors’ perceptions of an expert’s honesty, sincerity, self-confidence and leadership is formed by how open or closed the expert presents herself to them. The expert who exhibits an open attitude will elicit openness from the jurors; the expert who closes off from the jurors will see the same posture mirrored back from them. The following gestures communicate an open, honest, cooperative attitude:

Keep the abdomen open

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In Lemon Law Resources: Litigation Process, Attorney Sergei Lemberg writes regarding discovery:

Discovery is the longest part of a lemon car case: it begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, each side asks for information about the facts and issues of the case. Information is gathered formally through written questions (known as interrogatories), requests for documents, and requests for admission (which ask each side to admit or deny statements of fact).

Discovery includes questioning the dealer personnel, representatives of the manufacturer and/or any expert the manufacturer may have hired. Often, a claim or defense requires support from expert witnesses to explain technical information or validate an argument. One or more experts might be needed to testify about the connection between the manufacturer’s and the dealer’s conduct, the defects in the vehicle, and the loss suffered by the plaintiff or the existence and amount of the plaintiff’s damages. Expert witnesses work closely with representatives and attorneys to prepare the case. The plaintiff’s attorneys may retain and ASE Certified Master Mechanic to inspect the lemon vehicle and write a report.

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A Louisiana District Court judge acquitted two men of 48 counts of dogfighting on Wednesday. Although Kathy Strouse, a superintendent for the Chesapeake Animal Control Unit in Virginia, was brought in as a dog expert witness by the United States Humane Society, the judge said a state prosecutor failed to provide substantial evidence of their involvement in the illegal sport.

Floyd Boudreaux Guy faced charges after an investigation led Louisiana State Police officers on March 11, 2005, to seize 57 pit bulls the officers believed were being used for illegal dogfighting. The dogs were seized from the men’s Youngsville home. Expert witness Strouse was involved in the dogfighting prosecution of Atlanta Falcons quarterback Michael Vick. Dogfighting has been illegal since 1982.

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In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained? In this excerpt, they write on showing an open posture to the jurors:

Show one’s hand

Some people approach life like a poker game: cautious, leery and holding their hands close to their chest so no one can see what’s up their sleeve. This attitude may be appropriate in some places, but not inside the courtroom.

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Defense witnesses began testimony Tuesday in the case against Brian Nichols. On March 11, 2005, Nichols was on trial for rape when he allegedly overpowered a deputy, took her gun, and went into the Fulton County, Georgia, courtroom and shot both the judge and a court reporter. Nichols is also charged with killing a sheriff’s deputy outside the courthouse and a federal agent a few miles from the courthouse.

In his taped confession, Nichols said Federal Agent David Wilhelm pulled a gun on him. He also said actually pulled the trigger to try to shoot him. Nichols claimed he heard a click, that the gun misfired and he shot and killed Wilhelm in self-defense but prosecutors say that is impossible. Wilhelm wore thick rubber work gloves that night and it would have been impossible to fire a gun while wearing them. According to ballistics expert witness Bernadette Davy, Wilhelm’s weapon did not misfire.

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In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained?

The nonverbal language is powerful; more powerful than the verbal because it is the primal language of feelings. Most of the attributes of a good expert witness are nonverbal attributes, i.e., self-confidence, politeness, sincerity, preparedness, awareness, relaxed excellence. These are nonverbal attributes because they are based on other people’s perceptions of a person, rather than what the person says about himself. For instance, an expert can declare to the jury that he is credible, but that declaration does not make him credible. The jurors make an expert credible; their perceptions determine who is or is not credible.

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In How the Daubert-Kumho rulings Effects Medical Expert Witnesses, internal medicine expert witness Dr. Perry Hookman writes:

Daubert teaches that one should not just rely on the credentials of the medical expert. The medical expert in Federal court, and increasingly in the State courts, must be more than credible, as evidenced by Board Certification. Testimony must continue to be based on medical knowledge within the physician’s expertise. But whenever possible, the medical expert must currently also support all methodology and opinions with objective documentation and “reliable methodology”. The important questions now are: Has the expert’s theory or technique in question been tested? Has it been subjected to peer review and publication? What is its error rate? Do standards exist? Is there widespread acceptance in the medical community? In summary with what learned treatises from peer reviewed medical publications can the medical expert document and thus support his opinions or theories? The Daubert test applies to all scientific evidence. (509 U.S. at 593,n.11) The Daubert-Joiner-Kumho trilogy has in practice raised the bar for admissibility of expert testimony in every category. Additionally it is difficult if not impossible, for even an experienced medical clinician or practitioner to offer an expert opinion based on technical or specialized knowledge obtained through experience or education alone.

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In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained?

Good experts are good performers, without being theatrical. They keep an eagle’s eye on their jurors – checking out the level of interest, noting which juror is asleep, which is bored. The worst time for experts to testify is after lunch, between the hours of 1:30 and 3:00. So during that time, they have to be especially innovative – talk louder, show an interesting prop or exhibit or get out of the witness chair and address the jurors directly (with the judge’s permission, of course.) All the while, these tasks must be carried out maintaining a demeanor of “relaxed excellence,” an attitude which communicates control, leadership and power.

So, is it possible to learn the skills involved in communicating these subtle nuances? Or do you have to be born with a special sensitivity and natural talent? As complicated a job as it is, being a good expert witness can be learned. And most of the learning has to do with making the nonverbal language – which is spoken on an unconscious level – conscious. By bringing the silent, subtle messages that are communicated nonverbally to light, and examining them through the lens of reason, one can gain control over that language and begin to use it in an intelligent, purposeful way.

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Gastroenterology expert witness Dr. Perry Hookman has authored/coauthored over 40 publications in peer-reviewed medical literature. In Medical Malpractice Expert Witnessing : Introductory Guide For Physicians and Medical Professionals, Dr. Hookman writes that medical expert witnesses should adhere to these seven points:

1. Testify for both the plaintiff and the defense in different cases 2. Assess the merits of the case separately from agreeing to testify 3. Insist on reviewing all the records thoroughly 4. Develop a solid medical posture for each case 5. Review the case in a balanced, critical manner 6. Articulate carefully the standard of care in your own words before expressing it in deposition or at trial 7. Stay within the role and duty as “expert witness” and not as an advocate for either side.