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Police procedures expert witness Ron Martinelli, Ph.D., B.C.F.T., C.F.A., C.L.S., testified in the Missoula, MT, homicide case against Markus Kaarma. The defendant is accused of fatally shooting German foreign exchange student, Diren Dede. The 17 year old was in Kaarma’s garage allegedly looking for alcohol when he was shot and killed.

Dr. Martinelli’s testimony described flaws in the investigation and said if he were investigating the case, “there was much more work that needed to be done before they made their decision” in charging Kaarma. He went on to say that officers charged Kaarma precipitously and then worked to “make the evidence fit the charge.”

Dede was not armed but Montana’s stand-your-ground law makes it easier for defendants to avoid prosecution in a shooting if they felt an imminent danger at the time of the incident.

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In First Aid Teams, emergency preparedness expert witness Michael J. Ryan, principal at First Aid Depot, asks the question, “Does your organization need a First Aid Team?”

When you look at the issue of a First Aid Team some thoughts come to mind. One thought is the first aid kit hanging on the wall somewhere, usually only opened for an occasional cold tablet, aspirin or band-aid or maybe you can recall a time when the local fire department or ambulance corps responded to your 911 call. Aren’t these things good enough for most work place emergencies?

Several issues should be considered when you establish a First Aid Team. Is the first aid kit properly stocked for your unique work place emergencies? What would happen if the responding 911 responders were delayed; is it appropriate to transport the patient by private vehicle, etc.? Even in ideal conditions the period of time in which you wait for police and/or an ambulance may be life threatening if the victim doesn’t receive oxygen or other life sustaining interventions such as CPR/AED. The issue of first aid training gained more exposure on December 6, 1991 when OSHA (Occupational Safety and Health Administration) mandated certain types of training to comply with Blood Bourne Pathogen issues in the work place. Additionally, OSHA requires that associates working in certain environments have the ability to be resuscitated in the event of life threatening work place emergencies.

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In The Four Main Advantages of Trial Lawyer against Expert Witness, attorney Dean Brett writes on what he describes as “one of the trial attorney’s most difficult tasks.”

In the three earlier articles of this series, I discussed the reasons why you need to cross-examine an expert witness, the four main advantages a trial lawyer has over an expert witness, and the four stages of general preparation for the cross-examination. In Part 4, I will discuss the specific preparation required to undertake an effective cross-examination.

Specific Preparation

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In Discovery “Story Boarding trial consultant expert Molly M. Murphy shares her strategies to get the jury to understand and connect with your case.

A case comes into your office. If you are a defense firm you receive the filed complaint, so you know what the cause of actions are being alleged. If you are a plaintiff firm, a client comes in with the story of being wronged. Plaintiff presents the case and defense picks up the story and begins the discovery of how to defend their client. Whether you are a plaintiff or a defense attorney you both have the responsibility of building your case.

The initial step of working your case up begins with, “What is this case about?” Each side will have their own version of what happened, why it happened and was it avoidable.

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Child abuse expert witnesses may advise regarding child abuse and neglect and the physical and emotional mistreatment of children. In the news, South Dakota midwife Judy K. Jones is charged with the death of a Nebraska infant she delivered. Court records state the baby developed medical problems and Jones allegedly failed to provide proper medical treatment. The baby was in grave condition when admitted to the hospital and died after being transported to a hospital in Omaha. Charges include manslaughter, practicing without a license, criminal impersonation, child abuse negligently resulting in death and child abuse intentionally resulting in death. Jones is living in South Dakota and awaiting a 2015 trial in Custer County District Court.

The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. ยง5106g), as amended and reauthorized by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm.” Most Federal and State child protection laws primarily refer to cases of harm to a child caused by parents or other caregivers..

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Post traumatic stress expert witness Mitchell Clionsky testified for the defense in the Springfield, MA, lawsuit against nightclub owner Demetrious Konstantopoulos. Cara Lyn Crncic alleges that a 2011 assault by Konstantopoulos has caused her to suffer from PTSD. However, the psychology expert testified that the defendant’s actions were not violent or threatening enough to meet standards for PTSD and that other incidents in Crncis’s life are contributors to her anxiety. Dr. Clionsky is the Director at Clionsky Neuro Systems, Inc. in Springfield, Massachusetts. He testified that a diagnosis of PTSD must meet clinical criteria.

The National Institute of Mental Health explains PTSD:

PTSD develops after a terrifying ordeal that involved physical harm or the threat of physical harm. The person who develops PTSD may have been the one who was harmed, the harm may have happened to a loved one, or the person may have witnessed a harmful event that happened to loved ones or strangers.

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In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes that the “chiropractic expert will be challenged by the opposing party during deposition and/or trial in terms of the foundation used to come to their conclusions within a reasonable medical probability.” (See here for Part 1.)

EXPERTS WEIGH IN The defense chiropractic expert testified, on review of the medical record, noting the lack of full history disclosure on the part of the farmer in regards to prior medical treatment and imaging. Discussing also the DC examination findings and the absence of any red flags during the history and exam, the DC expert concluded that the standard of care had not been violated. The DC expert, relying on training in x-ray interpretation, testified that the initial MD was correct that the degenerative changes were age and occupation consistent. The DC expert also testified that the degeneration indicated a long standing and developing disc condition at L5/S1. Finally, the DC expert noted various treatment guidelines that indicate imaging is not mandatory in the absence of red flags.

The defense expert neurosurgeon testified that it was “unlikely” that the DC treatment significantly caused or worsened the farmer’s disc herniation. The neurosurgeon also testified that muscle weakness following Laminectomy, foraminotomy L5/S1 discectomy was not uncommon and cited multiple studies that listed leg muscle weakness as a risk of the surgery.

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Automotive expert witnesses may opine on automotive design, automotive technology, fuel economy and related aspects of the automotive industry. In the news, automakers Hyundai and Kia have agreed to pay a $100 million civil penalty to resolve alleged Clean Air Act violations. An EPA investigation found that the companies touted lower gas mileage and greenhouse gas emissions on 1.2M vehicles than test results showed. In a large number of tests, both Hyundai and Kia chose favorable data rather than average results. In certain cases, Hyundai and Kia relied predominantly on data gathered when test vehicles were aided by a tailwind.

In a 11/03/2014 press release, the EPA states:

United States Reaches Settlement with Hyundai and Kia in Historic Greenhouse Gas Enforcement Case

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In 4 Corners of Your Case, trial consultant expert Molly M. Murphy shares her strategies to get the jury to understand and connect with your case.

Craft the story of your case in a manner that touches the senses of right and wrong. Our listening filters hear what makes sense and what seems right in our own mind. We bring our childhood through adulthood memories in to play when they are called upon through smells, sights, sounds, words, phrasing, tone, images and colors. Our senses are the key promoters to remembering an event or experience. Our attachment to a story leads to a connection. We are all storytellers so we view others’ story with a discerning eye. Question if the storyteller is telling the truth, making it up or worse, trying to be deceptive. The jury is faced with two parties telling them that their side is right and the other side is not admitting to their wrong doing.

There are four main points that you want the jury to understand and connect with your case. You should be able to tell your story with these main points.

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In What is Child Abuse? Childhelp.org states: “Child abuse consists of any act of commission or omission that endangers or impairs a child’s physical or emotional health and development. Child abuse includes any damage done to a child which cannot be reasonably explained and which is often represented by an injury or series of injuries appearing to be non-accidental in nature.” Child abuse expert witnesses are effective advocates for children and may advise regarding child abuse and neglect, child maltreatment, and child sexual abuse. At Forensic Pediatrics Consultants.com, board certified doctors and experts in child abuse, pediatrics, and forensic interviews describe Forms of Child Abuse:

Physical abuse Any non-accidental injury to a child. This includes hitting, kicking, slapping, shaking, burning, pinching, hair pulling, biting, choking, throwing, shoving, whipping, and paddling.

Sexual abuse Any sexual act between an adult and child. This includes fondling, penetration, intercourse, exploitation, pornography, exhibitionism, child prostitution, group sex, oral sex, or forced observation of sexual acts.

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