Pattern Cross-Examination of Expert Witnesses: A Trial Strategy & Resource GuideIn a criminal trial, cross-examination of the prosecution’s forensic expert may make the difference between victory or defeat. More and more, aggressive prosecutors are relying on forensic psychiatrists, toxicologists, and other experts to help obtain convictions. Some expert witnesses will do whatever it takes, including misapplying scientific research to bolster the prosecution’s case. For the sake of justice, defense lawyers must be able to cross-examine and nullify forensic experts effectively.

In the second Bill Cosby trial and Harvey Weinstein’s New York trial, both sides prominently used forensic experts. In these cases, counterintuitive victim behavior experts played a vital role in the prosecution’s trial strategy. This book will help defense lawyers neutralize such experts.

BOOK REVIEWS

Pattern Cross-Examination of Experts is an easy-to-follow, practical guide to arm the advocate against an often intimidating adversary-the opposing expert. This inspired and meticulously crafted how-to guide more than levels the playing field by presenting an easy and consistent path to an effective dismantling of the expert’s opinion in virtually every context.” 
Jacquie Goodman, Law Offices of Jacqueline Goodman (Fullerton, CA)
“The power of the techniques in this book are exceeded only by the voluminous examples of succinct questions on just about every key topic you will encounter in trial. This is a step-by-step playbook to effective lawyering when you are in battle.”
Brian Bieber, GrayRobinson Attorneys at Law  (Miami, FL)
“Michael Waddington and Alexandra González-Waddington have done the criminal defense bar a favor by composing required reading and resource material for young and experienced trial lawyers alike. This comprehensive book belongs on the bookshelf of all criminal defense practitioners.”  
Drew  Findling, Findling Law Firm  (Atlanta, GA)

NACDL’s Pattern Cross-Examination of Expert Witnesses will assist criminal defense practitioners in scoring points when cross-examining forensic experts. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses, using scientific research, without having to reinvent the wheel with each new case. It contains pattern questions that can be used to dominate prosecution experts and level the playing field at trial, and the sample cross-examination questions can be easily modified and used in a variety of cases. The questions provided serve as a starting point. Because every case is different, the cross-examiner should modify the questions based on the facts of their case. This Trial Guide is not a textbook on the theories of cross-examination. Instead, it provides sample questions based on fact patterns commonly encountered when dealing with forensic experts in a variety of trials.

There are hundreds of citations included for scientific research, so lawyers can readily impeach opposing experts using the learned treatise exception.

View Sample Pages Here: https://bit.ly/2WcjohZ

This book will assist in the cross-examination of:

  • forensic psychiatrists/psychologists;
  • forensic toxicologists;
  • strangulation experts;
  • law enforcement;
  • social workers;
  • as well as experts in child abuse, assault, and sex crimes.

Includes Chapters on:

CHAPTER 1: Dealing With Hostile Witnesses

CHAPTER 2: Counterintuitive Victim Behavior

CHAPTER 3: Alcohol: Memory & Consent

CHAPTER 4: Memory & Perception

CHAPTER 5: False Confessions

CHAPTER 6: Child Memory

CHAPTER 7: Confabulation (Memory Error)

CHAPTER 8: False Allegations of Sexual Assault

CHAPTER 9: Borderline Personality Disorder

CHAPTER 10: Strangulation

CHAPTER 11: Bruising & Dating Bruises

CHAPTER 12: Cognitive Dissonance & Sexual Assault

About the Authors:

Michael Waddington is a criminal defense lawyer who has successfully defended cases in courtrooms around the world, including Japan, South Korea, Germany, Iraq, Bahrain, Italy, England, and across the United States. He has been involved in some of the highest profile court martial cases resulting from the “War on Terror” to the “War on Sexual Assault,” and has been reported on and quoted by hundreds of major media sources worldwide.

Mr. Waddington is the author is the book Kick-Ass Closings: A Guide to Giving the Best Closing Argument of Your Life. He is co-author of the book, Pattern Cross-Examination for Sexual Assault Cases: A Trial Strategy & Resource Guide, published by the National Association of Criminal Defense Lawyers (NACDL). He also authored the Amazon bestseller, The Art of Trial Warfare: Winning at Trial Using Sun Tzu’s The Art of War.

He has provided consultation services to CNN, 60 Minutes, ABC Nightline, the BBC, CBS, and the Golden Globe winning TV series, The Good Wife. He appeared in a major CNN documentary, Killings at the Canal, and some of his cases have been the subjects of books and movies, including the Academy Award-winning documentary, Taxi to the Dark Side, the 2013 documentary, The Kill Team, and the books The “Good Soldier” on Trial, and Brian De Palma’s Redacted.

Since 2013, Mr. Waddington has been an annual contributor to the American Bar Association’s publication, The State of Criminal Justice. He is a Life Member of the NACDL and a Fellow of the American Board of Criminal Lawyers (ABCL).

Alexandra González-Waddington is a founding partner of the González & Waddington Law Firm, and a Georgia Registered mediator. She has represented and defended hundreds of defendants charged with sexual crimes and has worked on some of the most notorious war crime cases stemming from the Iraq and Afghanistan wars. A former Public Defender in the State of Georgia, Alexandra has worked on various types of cases, including rapes, larcenies, and white-collar crimes. She graduated from Temple Beasley School of Law in Philadelphia, PA where she successfully completed Templeʼs Nationally ranked Integrated Trial Advocacy Program.

She is co-author of the book, Pattern Cross-Examination for Sexual Assault Cases: A Trial Strategy & Resource Guide, published by the National Association of Criminal Defense Lawyers (NACDL). From 2015 through 2020, she wrote chapters in the American Bar Association (ABA) books, The State of Criminal Justice. This annual publication examines major issues, trends and significant changes in the criminal justice system and is one of the cornerstones of the ABAʼs Criminal Justice Sectionʼs work. This publication serves as an invaluable resource for policy-makers, academics, and students of the criminal justice system.

Victims of physical or sexual assault should have better access to ...

“If you don’t have consent, you’re committing assault.”

By Thomas L. Knapp – 13 hrs ago.

“I FEAR that many Americans will resist getting vaccinated against the SARS-CoV-2 coronavirus,” Dr. Lauren S. Grossman writes at Stat. “To put this scourge behind us, I believe that our nation should, for the first time ever, require all Americans—or at least schoolchildren and workers in direct-contact jobs—to be vaccinated against this coronavirus.”

But Grossman’s prescription flies in the face of the World Medical Association’s International Code of Medical Ethics: “A Physician shall respect a competent patient’s right to accept or refuse treatment.”

It would also violate the American Medical Association’s Code of Medical Ethics. For example, “Informed consent to medical treatment is fundamental in both ethics and law” (Code of Medical Ethics Opinion 2.1.1) and “[r]espect for patient autonomy is central to professional ethics …” (Code of Medical Ethics Opinion 2.1.2).

And canons of medical ethics aside, it’s just plain wrong.

If you’re muttering under your breath that I’m an “anti-vaxxer,” you’re wrong.

I’m pro-vaccine. I’m glad I didn’t face the risks of measles, mumps, polio, etc. that previous generations (and my older siblings) faced. I get my flu shot every year. I’ve had my pneumonia vaccine. I’ll be getting my shingles vaccine Real Soon Now (I had chickenpox before that vaccine became available).

If there’s a reasonably safe and effective vaccine for something I’m vulnerable to, I want it.

In fact, I’ve probably had more vaccinations than you, if for no other reason than my shot record got lost between overseas military deployments. So I had to get a bunch of them an extra time.

I even got an anthrax vaccine right out of a tube marked “EXPERIMENTAL: DO NOT USE ON HUMANS” in Saudi Arabia in 1991. I objected to that one. I “consented” to the shot only after being threatened with court-martial if I didn’t.

Which brings me to my point:

Forcing a needle or a pill into someone’s body without that person’s consent is no different in principle than forcing a penis into someone’s body without that person’s consent.

It doesn’t matter how much more you think you know than the person whose consent you require, or how much more important you think your goals and priorities are than the goals and priorities of the person whose consent you require.

If you don’t have consent, you’re committing assault.

And the medical version of assault should trigger the same social, civil, and legal penalties as the sexual version.

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org).

 

 

(File photo)

Military families know Memorial Day has a special purpose, but it’s a fact that many Americans see the long weekend as a time to celebrate. Too often, that celebration involves drinking and driving and results in traffic crashes and deaths.

Nationwide, Memorial Day weekend averages more than 300 fatal traffic crashes, the most among any major holiday weekend in the U.S., according to statistics from the National Traffic and Highway Safety Administration. The Missouri State Highway Patrol noted that during last year’s holiday weekend, 1,009 crashes occurred in the Show-Me State alone, which resulted in eight deaths, 433 injuries and 96 arrests of drivers suspected of driving while intoxicated.

“Too many people die in traffic crashes each year in Missouri,” Missouri State Highway Patrol Superintendent Col. Eric Olson said in a May 6 press release. “The choices you make when you’re behind the wheel matter. Make good choices, so you’ll never have to say, ‘if I could just go back.’”

Olsen also noted that the weekend is traditionally the unofficial start to boating season in the state, which saw seven boat crashes and 10 arrests for boating-while-intoxicated by the Missouri State Water Patrol in 2019.

COVID-19 precautions

This year, the patrol is urging motorists and boat operators to not only make good decisions behind the wheel but also take new safety precautions regarding COVID-19.

“(The patrol) recognizes Memorial Day weekend is highly anticipated, especially after these last few months,” Olsen said. “A safe, fun weekend starts with planning and good decisions. Please remember to observe social distancing and other (Centers for Disease Control and Prevention) guidelines, and stay home if you are ill. If your plans include driving or boating, choose to be courteous and obey all Missouri laws. Use a seat belt when you drive and wear a life jacket when you’re on or near the water. Always pay attention, whether you’re operating a vehicle or a vessel, and choose to be a sober driver on land and on the water.”

Know the consequences

For service members, civilian employees, contractors and family members, drinking and driving can have serious consequences regardless of whether an incident or arrest happens on post or outside the gate.

Under Fort Leonard Wood Regulation 190-5 (https://home.army.mil/wood/index.php/download_file/force/7530/937), on-post driving privileges can be immediately suspended for drivers found to have a blood-alcohol content of .08 percent when operating personal vehicles or .04 percent if operating a commercial vehicle on post — or for violating Missouri law, which has the same limits off post.

According to the U.S. Army Combat Readiness Center, service members can potentially face Article 15 penalties and may be tried by court-martial under the Uniform Code of Military Justice, the harshest penalties being the forfeiture of all pay and allowances, a dishonorable discharge and confinement. A DUI, defined as driving under the influence of drugs or other substances, can mean up to 6 months imprisonment, a $500 fine, court-ordered alcohol treatment and addiction programs and drivers-license forfeiture for 90 days for a first offense – up to 10 years for subsequent offenses.

In addition to the loss of actual freedom, DWI/DUI convictions can also include a loss of financial freedom. Court costs, attorney’s fees, increased insurance costs, bond payments and the license reinstatement process are expensive. According to highway-patrol statistics, the costs associated with a single conviction average nearly $3,000 in Missouri. USACRC officials estimate the total costs of a conviction to be between $5,000 and $20,000, depending on the location of the arrest and the circumstances involved.

On the ‘Web:

More information, statistics and tips to prevent drinking and driving are available on the following websites and online publications:

—USACRC home page: https://safety.army.mil/HOME.aspx

—Centers for Disease Control and Prevention: www.cdc.gov/vitalsigns/drinkinganddriving

—Missouri State Highway Patrol: http://www.mshp.dps.mo.gov/MSHPWeb/Publications/Brochures/documents/SHP-442a.pdf.

 

On May 11, 2020, the Canadian Forces National Investigation Service (CFNIS) charged a retired member of the Canadian Armed Forces (CAF) with sexual assault contrary to National Defense Act, pursuant to the Criminal Code of Canada. The charge is in response to an incident which took place in an Armoury in Toronto in 2015, however reported to the CFNIS in June 2018.

Sergeant Robert Kohlsmith, now retired, was a Reserve Force member with 25 Field Ambulance based in Toronto at the moment of incident, faces the following charge.

One (1) count of Sexual Assault contrary to section 130 of the NDA, pursuant to Section 271 of the CCC;

On June 12, 2018, the Winnipeg Police Service received a complaint into an allegation of an offence of criminal nature which allegedly occurred at the Moss Park Armories in Toronto in May 2015. As a result of jurisdictional considerations, the investigation responsibility was transferred to CFNIS.

Quotes

“The Canadian Forces National Investigation Service to investigate all allegations of sexual assault to their fullest extent, regardless of when the offence is alleged to have been committed. This charge is the result of a thorough criminal investigation, and is indicative of our ongoing perseverance in ensuring that those who commit offences of this nature within the Canadian Armed Forces are held accountable for their actions under the law.”

Lieutenant-Commander Bryan MacLeod, Acting Commanding Officer, Canadian Forces National Investigation Service.

Quick facts

  • The CFNIS is a specialized unit established within Canadian Forces Military Police Group (CF MP Gp). Its primary mandate is to investigate serious and sensitive matters in relation to Department of National Defence (DND) property, DND employees and CAF personnel serving in Canada and around the world. The CF MP Gp and the CFNIS conduct police investigations independently, without interference and in accordance with the highest professional standards.
Erland Injerd

A1C Erland Injerd, who was captured last week after evading arrest for two weeks.

(Facebook / Air Force Office of Special Investigations)

DAVID ROZA

A Texas-based airman who evaded capture for two weeks after allegedly threatening his chain of command and assaulting Air Force military police officers was finally apprehended on Thursday, according to the Air Force Office of Special Investigations.

“Airman First Class Erland Injerd was successfully taken into custody yesterday. He will be held in pre-trial confinement, pending trial by courts-martial,” Air Force OSI tweeted on Friday, along with a mugshot of the 37-year-old Injerd. “We are grateful for the help of the community & our law enforcement partners.”

Though the circumstances of Injerd’s arrest were not available, the details of his alleged assault were revealed in court records last week. According to a criminal complaint, the airman was confronted by security forces at his home at Dyess Air Force Base on April 24 after Injerd sent a threatening email to his chain of command.

Security forces officers Senior Master Sgt. Klexton Q. Jett, Master Sgt. Derek L. Krahn and Officer John F. Breed asked the airman to turn over his personal firearms, but Injerd refused to comply and instead began cursing at the officers, according to the complaint. When the officers tried to bring him under control, Injerd allegedly struck Breed in the face and all four of them wound up on the ground.

“Injerd intentionally poked his finger in Officer Breed’s right eye and struck SMSgt Jett in the knee,” read the complaint. “SMSgt. Jett recently had knee surgery and Injerd was aware of this.”

The airman then ran into his house, broke a back window, crawled out, scaled the base perimeter face and escaped into the woods on the other side. Local police and Air Force defenders with 7th Security Forces squadron searched for Injerd, but the airman evaded capture in the difficult and wooded terrain, police said at the time. Police said at the time that Injerd was considered armed and dangerous.

A Dyess spokeswoman told Task & Purpose last week that the FBI was leading the investigation alongside the U.S. Marshal’s Service and Air Force OSI.