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NY Reverses Murder Conviction For Refusing to Allow Eyewitness ID Expert to Testify | 5 comments (5 topical)

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you may be right, but I think Judge Walton (none / 0) (#4)
by scribe on Tue Mar 27, 2007 at 01:14:36 PM EST
was right in not allowing that proposed expert to testify, given the ginsu-job Fitz' cross did on her.  When she forgot Fitz - after he had previously cross-examined her to the nth degree - she showed herself to be "not a help to the jury to understand a fact in issue".  So, I think Walton did not abuse his broad discretion in refusing to allow her to testify.

IMHO, that's what it comes down to - abuse of discretion - and it's easy for Walton to survive that.

Moreover, IMHO if it was error to not admit the proposed expert's testimony, I think given the depth of other inculpatory evidence (all those people saying "not-X" to Scooter's "X"), it's pretty likely it's going to be harmless error.  In other words, the "proven to be thoroughly guilty" affirmance.

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NY Reverses Murder Conviction For Refusing to Allow Eyewitness ID Expert to Testify | 5 comments (5 topical)

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