Expert Witness Blog

In Abnormal Sleep Behavior and the Legal Profession, forensic sleep medicine expert witness John Penek, MD, FCCP, FAASM, writes on Forensic Sleep Medicine – REM Sleep Behavior Disorder.

Things that go bump in the night……and the parasomnias.

Background The American Sleep Disorder Association has now identified more than 80 distinct sleep disorders occurring in children and adults in all age groups. These are a diverse group of disorders that may cause excessive daytime sleepiness, difficulty with sleep maintenance such as insomnias and abnormal sleep behavior, termed parasomnias. The parasomnias are a group of sleep disorders that result in abnormal and often socially unacceptable behavior during sleep or associated with partial or incomplete arousals from sleep. These include nightmares and night terrors, somnambulism (sleep walking), confusion arousals, sleep paralysis, REM sleep behavior disorder and the now well-documented incidence of sexsomnia (abnormal sexual behavior during sleep) that has resulted in charges of rape and child molestation. Other disorders such as narcolepsy and idiopathic hypersomnia may result in sleep at inappropriate times, which may cause accidents and even death.

Security management expert witness Randy Atlas, Phd, AIA, CPP, contributed to the article The Role of Buildings in Mass Shootings, Strategies to decrease workplace homicides which appeared in Buildings Magazine. The expert is president of Atlas Safety & Security Design Inc. and notes that “It’s a big deal for an architectural magazine to focus on the problems of building security.” The article is written by Jennie Morton, senior editor of BUILDINGS.

STRENGTHEN ACCESS CONTROL

Beyond physical deterrents, it’s often the human side of security that can make the most difference in an active shooter situation, notes Grollnek.

Childhelp.org reports that every year more than 3 million reports of child abuse are made in the US involving more than 6 million children (a report may include multiple children). The US has one of the worst records in child maltreatment among industrialized nations. Child abuse expert witnesses are effective advocates for children and may advise regarding child abuse and neglect, psychological mistreatment of a child, child maltreatment, and child sexual abuse.

The American Professional Society on the Abuse of Children explains:

The child forensic interview is the neutral fact-finding investigative interview conducted in child abuse and other cases in which violence is witnessed. There are several national and state training models that provide information and training on how to conduct these interviews. Professional certification is akin to licensing. Both are based primarily on rigorous psychometric testing and other empirically supported eligibility requirements.

In TEST VALIDATION IN EMPLOYMENT SETTINGS, industrial psychology expert witness Robert Rose, PhD, and his partner at Rose Porterfield Group, Inc., Robyn W. Porterfield, PhD, write on employment testing. They have co-written articles including a column for the Dallas Business Journal titled “C-level coach.

If a selection procedure is challenged for adverse impact its validity becomes important. “Validity” is the extent to which test results are related to performance on the job. And, legal issues aside, it is best for the organization to have valid procedures. There are a few key points you need to consider if involved in litigation around testing issues and/or advising clients to avoid issues.

Everything you use to hire or promote is a test. Period. If all you do to hire is interview you have to show that the interview is valid – and that may be difficult.

Bus and truck accident expert witnesses may consult regarding transportation accidents, bus accidents, truck safety, and bus safety. This weekend, investigators said that the FedEx truck that slammed into a tour bus full of students in Orland, CA, could have been on fire right before the deadly crash. The truck crossed a median into oncoming traffic which resulted in the death of 10 people. Highway Safety Investigator Robert Accetta will serve as the The National Transportation Safety Board investigator-in-charge. The NTSB website includes Safety Studies.

NTSB Safety Studies are examinations on topics such as the effectiveness of, or need for, actions by a Government agency in reducing transportation losses, the technical aspects of a transportation system, analysis of accident data, or the history and progress of transportation safety improvements. The study results in the issuance of a narrative report on the facts, conclusions and any applicable recommendations.

One of these reports is Crashes Involving Single-Unit Trucks that Resulted in Injuries and Deaths. Safety Study NTSB/SS-13/01. Washington, DC.

Child sexual assault expert witnesses may consult regarding sexual misconduct, sexual molestation, and child sexual abuse. Child Abuse Pediatrics & Forensic Medicine Experts explains that the accredited sub-specialty Child Abuse Pediatrics practice scope includes the expert analysis of various areas related to sexual abuse using an established evidence-based process with research, clinical findings and input from collateral sources such as law enforcement and protective authorities. The American Board of Pediatrics Certifications and Admission Requirements are described below.

Certificate of Special Qualifications Candidates seeking a certificate of special qualifications must meet BOTH the General Eligibility Criteria for Certificate in the Pediatric Subspecialties and Eligibility Criteria for the Specific Subspecialty.

Certification by the American Board of Pediatrics (ABP)

In The Internet of Things, for Better or Worse, internet security expert witness Steve Burgess writes on networked devices. Burgess Forensics has offered computer forensic and electronic discovery as well as expert witness testimony since 1985.

What kinds of devices make up the Internet of Things (“IoT”)? Anything Internet-connected, which can currently include everything from computer to coffeemaker, from range to refrigerator, from baby monitor to burglar alarm, from car to crockpot. And because they’re Internet-connected some people are afraid that these devices may be subject to malware that will cause them to become zombies.

And indeed, unauthorized use of internet-connected devices has already begun. Around the end of 2013, about 100,000 such devices were used to send about 750,000 spam messages. Seven messages per device is not much, but it is indicative of a real problem. And the low number per device may have been by design, so as to avoid detection. What to do?