In any criminal jury trial, it is the job of the jury to determine whether or not the accused person is guilty beyond a reasonable doubt. This includes assessing the credibility of various types of evidence, including the testimony of an alleged victim. In other words, the jury must decide which testimony is believable and which isn’t. That responsibility falls solely on the jury and any trial where that task gets shifted to someone else is improper and may allow a convicted defendant to obtain a new trial. Whether it is improper expert opinion testimony or other inadmissible evidence, it is important to be armed with the arguments you need to keep out such proof, which is why it pays to have skilled Maryland criminal defense counsel in your corner.
An example of such an improper process occurred in the trial of a man in Charles County. J.F. was accused of sexually abusing his daughter three times when the girl was between five and eight years old. The first trial ended in a hung jury. In the second trial, the vast majority of the evidence the state had against the father was out-of-court statements by the daughter and the daughter’s trial testimony.
This wasn’t all of the evidence that the state presented, though. The state also called a counselor as an expert witness. The examiner testified that the girl displayed no “signs of fabrication” and that she had no concerns that the girl’s out-of-court statements accusing the father were the result of coaching or otherwise weren’t true. The jury eventually convicted the father.