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Role of the Medical Examiner as an
Expert Witness in Court
Michael Iliescu, MD
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Introduction
The fact witness: can testify only to firsthand
knowledge of the situation at issue
The expert witness is given the power tointerpret the facts and draw inferences that a jury
would not be competent to draw
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Subpoena
Subpoena duces tecum: the court commands awitness to produce at the trial physical evidence
pertinent to a case likeDocuments
Papers
Articles
Records
Exhibits
Radiographs
Microscopic slides
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What to do when subpoenaed
1. Determine the legality of subpoena
2. Respond by contacting the attorney whose name
appears on it3. Understand the requirements stated in the subpoena
4. Understand the professional liability involved in
subpoena and failure to respond (failure to respond isconsidered contempt of court)
5. Attempt to resolve issues concerning appearance andtestimony prior to trial (e.g. Problems with credential,
legal ramifications concerning trial issues)
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What to do when subpoenaed
6. Discuss the financial aspects of your response (time,
research, travel)
7. Find what the attorney would like to discuss orpresent in trial
8. Prepare a CV
9. Prepare note, diagrams, records that will berequested by attorney
10. Discuss all potential problems and pitfalls in the case
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Time of Appearance
If subpoena for trial ME is requested to appear at
the beginning of the trial, but after
Discovery
Jury selection
Motions
Expert witness qualifications
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Physical evidence
The physical evidence (autoptic evidence) consists of:
Articles
Records
Exhibits
Other things that jurors can see and inspect
Such evidence is called exculpatory evidence
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Physical evidence
Types of physical evidence:
Real evidence (a weapon, clothing, laboratory instruments,
drugs, etc)Documentary evidence: writings, inscriptions, tax records, lab
logs, copies of accounts or billings, tapes, medical records, lab
manual, QA procedures, lab operating manual
Demonstrative evidence which is visual or auditory evidence
prepared to help the judge and the jurors to understand the
testimony
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Demonstrative evidence
1. Blackboard and chalk (to be placed directly in front of the jury)
2. Flip-charts (can be retained as evidence)
3. Overhead projector4. Prepared diagrams, drawings and charts
5. Radiographs, MRIs on a CD etc
6. Anatomic models; human torso, skeletons, organ models7. Organs: fixed or plastinated
8. Photographs
9. Microscopic slides
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Demonstrative evidence
10. Analogies (for ex. the use of five steel balls on stringedapparatus to illustrate the transmission of energy in a rear-endcollision)
11. Reenactment (in court or other designated location)
12. Experimental demonstrations
13. Notes
14. Audiovisuals15. 35 mm slides (best used in conjunction with diagrams)
16. Slide projection combined with diagrams
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Problems in presentation- instructions for an ME
Dont bore the jury
Dont present highly technical evidence
Avoid improper analogy, e.g., He was chained like a dog
Dont try to deliberately prejudice or shock the jury withdemonstrative evidence that is out of place in the courtroom
Dont use a poorly constructed experiment
Never use poor photos, artistry, prerecorded tapes etcAvoid the appearance of being an advocate at the expenseof your objectivity
Let the attorney be advocate for your demonstrative
evidence and opinions
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The Dos
1. Witness should make arrangements with attorney as to
the time and place for pretrial meetings and be punctual
2. Witness should inform the attorney about new findingsfrom review and research
3. Witness should become familiar with the courtroom
4. Witness should be pleasant and have a good attitude and
present evidence with confidence
5. Witness should wear conservative clothing
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The Dos
6. Witness should be relaxed on the stand
7. Witness should face the jury while testifying
8. Witness should use terminology that is understood
by jury
9. Witness should answer only the questions asked
10. Witness can/should disagree with other authorities
11. Witness must give impartial testimony and must be
a good communicator
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Trial preparation
Pretrial meeting with attorney: to discuss tactics and case
details
Review of old or new case materials allows the expert tofind errors or moot points
Bring to court as little as possible (the court may order the
expert witness to turn over everything he/she brought tocourt that day)
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Medicolegal and Other Specimens or
Samples- questions that may be asked1. Name of person from whom the sample was obtained
2. Laboratory and other identification numbers
3. Time and date of collection
4. Location of collection
5.Demographic information
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Medicolegal and Other Specimens or
Samples- questions that may be asked6. Description of sample
7. Proper collecting container
8. Sufficient quantity of sample
9. Proper sealing and safeguarding
10.Warning labels for infectious materials
11. Request for specific type of analysis
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Laboratory errors questions
What is your laboratory error rate?
Were the collection procedures followed correctly?
Was the sampled properly identified and labeled?Was there any computation and transmissionerrors?
Was there possibility of contamination?What system do you use to monitor errors andtechnicians?
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Trial traps and correct answers
Q: Are you certified or licensed
A: Not all of us need or are required to be licensed or certified in
this subject, nor is there any means in this country to allow this tohappen, but I am qualified by education and experience
Q: What are you being paid for your testimony?
A: I am not being paid for my testimony. I am being reimbursed for
my professional knowledge, experience, research results, time,
services and studies in preparing for this case
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The End