Expert witnesses - question for attorneys

Status
Not open for further replies.

.cheese.

Member
Joined
Feb 13, 2007
Messages
3,808
How do you guys go about finding local expert witnesses in crimes involving firearms and other weapons?

Ballistic experts
Fingerprint experts
etc. etc.

I'm working in criminal defense right now as a legal intern and I was having a heck of a time finding an expert witness today for a case. I finally found one, but it took 2 hours of searching and calling around. How do you go about it?
 
First, I have to disclose that I am pro-LEO. These comments are for any experts and assumes you haven't used an expert in a particular field in the past.

Start by defining the exact area of expertise. You've mentioned ballistics and firearms. Very often, these are different people. The ballistics expert may be able to testify about the rifling on a bullet or the machining marks left on a cartridge. A firearms expert may be different in that they might be able to testify that it was possible for a particular gun to discharge because of a fall of three feet onto the ground. Sometimes, the same person may be able to testify as an expert in both firearms and ballistics, depending upon the depth of analysis need. A forensic pathologist might be necessary to testify about the trajectory of the bullet and how it was possible for a single bullet to cause three different exterior wounds. Government employees who retire may be a good source for expertise. For example, the former chief medical examiner in this state has a lot of name recognition and now testifies as an expert witness in both criminal and civil cases.

Unless you can get THE expert in an area of study, you're generally better off with someone local or within the region. Otherwise, it may appear to a jury you're buying testimony. At times, you may have no choice but to go outside your locality or region. Sometimes, calling another attorney will be the answer. Sometimes, calling the local university may uncover somebody or they may be able to refer you.

When all this failed, I used to use a service called TASA which is at http://www.tasanet.com/. There are other services out there as well.

I know all this is pretty general. Spending a couple of hours locating an expert witness in an off-beat field is not that bad.
 
I found this guy while doing some web-based research for a firearms case. I don't know anymore about him other than what his CV says and haven't contacted him personally.

There are a number of expert witness "services" available, usually for experts in medical, enginering, and safety fields, but I bet they have firearms experts as well.

PM me if you need more specific info.
 

Attachments

  • Firearms Expert.pdf
    58.3 KB · Views: 10
I'd start by calling your state bureau of investigations. See who they use. A lot of times, larger law firms will maintain contact lists of expert witnesses on various topics, so maybe they could help you.
 
On one occasion I testified as an expert witness in a bank robbery case. The FBI contacted me after they'd received a recommendation from the local County Attorney, who I had worked for on other cases. They in turn wanted to know if I could identify the make (and if possible, the model) of a sawed-off shotgun recorded by a surveillance video camera. After I convinced two dubious Special Agents that I could, I received a subpoena, and then testified.

Why didn't the FBI use one of they’re own people? I was told that the U.S. Attorney was afraid that someone on the jury might tend to disbelieve a government expert, and therefore wanted an outsider. For the record the defendants (3 of them) were all convicted.

I think you’ll find that most criminal lawyers in your area will steer you toward experts they have used if you ask. However pick someone with good credentials because the “other side” may try to challenge them if they can.

Also a good expert must be: 1) believable, and 2) be able to explain what he or she is trying to get across in language both the judge and jury (especially the jury) can understand. The outcome of your case may depend on this.
 
If you're working defense, you might try calling some other crim-def specialists near you and see who they've used and/or recommend. You might also try the criminal justice section of the ABA or state bar association.
 
Thanks guys! :)

Unless you can get THE expert in an area of study, you're generally better off with someone local or within the region.

Well, not only that, but with tight budgets, it's not feasible to have to pay for significant transportation costs.
 
Another good resource is the American Academy of Forensic Sciences, headquartered in Colorado Springs. :)
 
Status
Not open for further replies.
Back
Top