Brief filed: 10/26/2010
United States v. El-Mezain. et al. (Holy Land Foundation for Relief and Development)
5th Circuit Court of Appeals; Case No. 09-10560
Two witnesses who testified at trial were allowed to keep their identities secret while offering crucial testimony on behalf of the government. One, a purported member of the Israeli Security Agency, was offered as an expert witness with supposed expertise on Palestinian zakat committees and their connections to Hamas. He was not just anonymous to the jury or the public, but unknown to the defendants and their attorneys. The defense was thus deprived of any opportunity to investigate and cross-examine him regarding his background, stated experience, reputation in his field of expertise, reputation for honesty, still unknown biases against defendants, or any other information that might cause the jury to view his testimony in a different light. Anonymous testimony violates the Sixth Amendment’s Confrontation Clause; at a minimum defense counsel must know the identity of testifying witnesses; in particular, research into an expert witness’s background can reveal damning biases and conflicts of interest which powerfully discredit the expert.
Pattern Cross-Examination of Expert Witnesses: A Trial Strategy & Resource Guide
In a criminal trial, cross-examination of the prosecution’s forensic expert may make the difference between victory or defeat.
2020 Sample Motions Collection Update
NACDL’s 2020 Sample Motions Collection is the follow-up to our wildly popular 2019 Sample Motions Collection and contains the newest and most recent additions to our ever-expanding Sample Motions library.
State v. Stone - A Case Study on Child Sexual Molestation & Sexual Battery
The criminal defense attorney tasked with defending such a case has to be prepared to not only show reasonable doubt, but to answer this question: If it did not happen, how is it that the child believes it did happen?
POZNER ON CROSS: Advanced Cross of Experts & Officers in DUI Cases
It’s not your strong opening argument. It’s not how many of your impassioned objections the judge sustains. It’s not even how you tie your theory of the case together with a dazzling closing statement bow. What wins your trial is your cross.
This is a sponsored ad
Manage Your Law Firm All in One Place
Jean-Jacques Cabou and Joseph N. Roth, Osborn Maledon, PA, Phoenix, AZ and Barbara Bergman, Univ. of New Mexico School of Law/NACDL, Albuquerque, NM.