Expert witness testimony can be an extremely important part of the evidence offered as part of your defense in a Maryland criminal case. The law says that the expert must be qualified, his methodology must be competent and that his testimony must be about something that is beyond the scope of knowledge of the average lay person. If the evidence does those things, then it is generally admissible. Understanding how to use experts and to get the most from their testimony is just one of many ways in which an experienced Maryland criminal defense attorney can help you or a loved one facing trial.
A recent case that originated in Worcester County is an example of how expert evidence can work and how its improper exclusion can help get the accused a new trial. The man standing trial, K.S., had been the police chief in a small southeastern Maryland city. The chief was on trial for official misconduct. The state’s prosecutors claimed that he conspired to cover up a man’s possible drunk driving incident because both the driver and the chief were members of the same Masonic lodge.
As part of his defense, the chief wanted to offer the testimony of two expert witnesses. Those witnesses would have testified about “the considerations and objectives that impact a police chief’s exercise of discretion during an investigation.” This testimony would have backed up the chief’s defense argument that his handling of his lodge brother’s case was “reasonable under the circumstances and consistent with the routine discretion that a small-town police chief exercises.”