Recurring Issues - Installment 2:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?"  It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel.  Last installment, we discussed the concept of "hearsay" and missed objections to it.  In this installment, I offer commentary on another evidentiary issue arising in trials all over the country:

"Junk science" - Prosecutors, especially in sex offense cases, are proffering more and more "soft science" as though it is irrefutable fact.  The biggest examples are "forensic interviewers" and "family therapists."  Prosecutors bring these people in to testify that these professionals are "experts" who interviewed the purported victims, and can assure jurors that the purported victims have exhibited no tell-tale signs of deception.  Stated bluntly, these witnesses are being offered up as human polygraph machines, without credentials recognized by established universities which offer degrees in widely recognized and accredited subjects.  In other words, the opinions of these "forensic interviewers" and "family therapists" are loosely based on subjective and unverified social theory, which means that the basis underlying these opinions is "junk science."  (The rules pertaining to the admissibility of opinion testimony are complex.  The best way for a defense attorney to oppose this evidence is to conduct a vigorous cross-examination of the purported expert, exposing that there are no valid and universally accepted objective scientific studies backing up the conclusions that they are providing to jurors.  The most effective way to develop this cross-examination is through preparation before trial of a thorough and exhaustive outline of specific questions, deriving from basic scientific principles including "control groups" and "variable identification/ elimination."  Exposing that the "expert" doesn't know of any studies and/or how they were conducted can support a later objection wherein the lawyer asks for the jury to be instructed that the expert's testimony is unsupported and stricken from the record.)

If you have a family member or friend fighting the battle against a wrongful conviction, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.