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Wes Skiles' Widow Looking For 25 Million from Lamartek

Discussion in 'Scuba Related Court Cases' started by tekkydiver, May 9, 2016.

  1. boulderjohn

    boulderjohn Technical Instructor Staff Member

    # of Dives: 1,000 - 2,499
    Location: Boulder, CO
    I had a very interesting experience with two expert witnesses. They were called by the defense in a trial for which I was on the jury. The defense attorney led them through their testimony by asking very, very specific questions requiring very specific answers. Whenever they tried to elaborate, he would cut them off, reminding them that they could only answer his questions. It was obvious that they really, really wanted to say more, and (as we learned in our later discussions) it was obvious to the jury what they wanted to say. They wanted to say that what they had just explained (which was, of course, favorable to the defense) was possible but highly unlikely. I think the only person in the courtroom who could not see that was the prosecuting attorney, who did not follow up on that when she cross examined them, despite their eager hints in their replies to the silly questions she did ask.

    So, apparently the "lying" does not necessarily come from the experts themselves but from the way their testimony was manipulated by the attorneys. Given the chance to speak freely, they might say something very different.
    mdb likes this.
  2. Rhone Man

    Rhone Man Divemaster

    # of Dives: 1,000 - 2,499
    Location: British Virgin Islands


    In the British courts it is a serious no-no for lawyers to cut off witnesses (expert or otherwise) from expressing their testimony in whatever manner they think is helpful. But then again, we don't really have many jury trials.
  3. Wookie

    Wookie ScubaBoard Business Sponsor Staff Member ScubaBoard Business Sponsor

    Since they are experts giving testimony, I wonder if opposing counsel could call them back to rebut themselves?
  4. boulderjohn

    boulderjohn Technical Instructor Staff Member

    # of Dives: 1,000 - 2,499
    Location: Boulder, CO
    It could have been done easily under cross examination. When we got in the jury room, we all agreed we wanted to scream at the prosecutor to ask the right questions.
    Wookie and mdb like this.
  5. abnfrog

    abnfrog Tech Instructor

    # of Dives: 2,500 - 4,999
    Location: great white north
    the key to an expert witness ....is if they don't support your case you have hired them so the other side cant .....and if they really are an expert (here you have to go threw a lengthy process to be declared , but it is for life after you gain that tittle ) you will know how to proceed and what your position should be
  6. hilljo88

    hilljo88 Nassau Grouper

    # of Dives: 500 - 999
    Location: nyc
    Sad situation all around.

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