In virtually every single drug case and sex-offense
prosecution I am asked to evaluate and appeal, I see the government using
"experts" to testify in general terms about their past experience
investigating other people charged with crimes (as a way to insinuate that the
person on trial at that moment is also guilty).
In this installment, I offer commentary on this unfair tactic being
employed by prosecutors in trials all over the country, leading to unfair
convictions.
By the time cases like these come across my desk, it is too
late to mount a challenge to the "expert's" opinion, mostly because trial
attorneys do not attack "experts" in pre-trial motions and
hearings. And, as discussed in previous
blogs, if there is no objection to a specific area of evidence or testimony
during trial, then the issue cannot later be appealed. So then, the next best way to handle the
damaging "expert" is for the trial attorney to go after him or her
with a zealous cross-examination. Attack
must be lodged against the "expert's" lack of credentials (i.e.,
education at a recognized university as opposed to in-house police department
classes), lack of acknowledgment across the country as an "expert"
(i.e., no published articles, and no listing in any accepted peer-review literature
as a national authority on any topics), and lack of a scientific basis for the
opinions offered. No defense lawyer
should be afraid to expose sham expert testimony.
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.
