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Attacking a Conviction Based on Fraudulent Expert's Testimony

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  • 01-25-2012, 07:47 PM
    justin case
    Attacking a Conviction Based on Fraudulent Expert's Testimony
    My question involves criminal law for the state of: California

    In the 1980's and 1990's the Santa Barbara County DA's office used an expert witness that testified in several sex offense cases, in 1997 he was later found to have used junk science, and discredited.

    In a front page article of the local news paper, the DA claimed that his office investigated all cases in which the discredited expert witness testified, this was said to appease the public, there was never any investigation or revierw completed. And if there were, should'nt there have been records?

    Does this constitute a "mistrial" since bogus testimony was presented and convictions were made due to this expert witness?

    What would be any recourse if any besides paying an attorney thousands of dollars?

    Thank you for any help in this matter.
  • 01-25-2012, 08:39 PM
    Disagreeable
    Re: Da's Expert Witness is Found to Be a Fraud
    In order to appeal, you likely need grounds that faulty testimony of the expert led to your conviction or that evidence processing developments would have excluded you. If you have no money, you need a lawyer willing to take on the case Pro Bono.
  • 01-25-2012, 09:56 PM
    Mr. Knowitall
    Re: Attacking a Conviction Based on Fraudulent Expert's Testimony
    Quote:

    Quoting justin case
    View Post
    there was never any investigation or revierw completed.

    There either was or there wasn't. We can't investigate that for you.
    Quote:

    Quoting justin case
    And if there were, should'nt there have been records?

    I expect so. Ask the D.A.
    Quote:

    Quoting justin case
    Does this constitute a "mistrial" since bogus testimony was presented and convictions were made due to this expert witness?

    No.
    Quote:

    Quoting justin case
    What would be any recourse if any besides paying an attorney thousands of dollars?

    Figure out how to research your case and the law, formulate a viable strategy for post-conviction relief, learn how to effectively advocate for yourself in court, then pursue your post-conviction proceedings without a lawyer.

    The mere fact that a witness who testified in a case was discredited in other cases, or even in all cases, does not of itself mean that the testimony was material to the conviction or that the witness's issues will support any relief from the conviction.
  • 01-26-2012, 09:25 AM
    justin case
    Re: Attacking a Conviction Based on Fraudulent Expert's Testimony
    I received a letter from the sentencing court judge, in said letter, the judge also felt I was innocent due to the bogus testimony of the discredited "expert witness" presented by the prosecution.

    I met with the senior deputy DA last week, in a tape recorded meeting, he did admit that the cases in which this expert witness testified were not "looked into".

    Back to the "expert witness"; during trial, the expert witness vouched for the credibility of the alleged victim, during jury deliberations, the jury requested the court to have the "expert witnesses" testimony reread.

    This issue in fact proves that the jury was influenced by the discredited expert witness as they came back with a guilty verdict.
  • 01-26-2012, 10:12 AM
    Disagreeable
    Re: Attacking a Conviction Based on Fraudulent Expert's Testimony
    Not specifically endorsing a specific entity, however I would consider forwarding a copy of the judges letter to you, along with an assistance request, to any organizations like the ACLU.
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