Legal Question in Criminal Law in Massachusetts

Details about a judge disregarding expert testimony

OriginalQ: Does a judge have a right to disregard expert testimonial without opposition from state, or calling state witness to dispute testimony? DETAILS:Defendant (D), drunk & on drugs, flipped over a car (no other person/car involved). (Witnesses:OlderMan&Woman in house nearby) O/Man went to offer to call police/help. D screamed ''No police'' & pulled out a gun. ''Don't call no police.'' O/Man dropped phone, went back to house. D shot phone, got out of car & staggered into woods. Many police showed up. Someone said �There he is� & police started shooting. D never fired back; charge: attempted murder on police officers. Nobody was hit (however the phone died). O/Man&Woman testified at no time did D threaten anyone & he seemed �very out of it.�

An expert called in defense said at no time could D have had �fore thought�OR�after thought� of a crime because he was drunk, on drugs & in shock from accident; he was not rationally thinking. D-lawyer (D/L) made statements & called police to the stand. Judge disregarded expert testimony & refused D/Ls cross-examine police. D/L wanted ballistics' reports on handgun & bullets in & around woods, + bullets from car. Judge sentence defendant solely on his record and paperwork in front of him.


Asked on 9/21/04, 11:23 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Details about a judge disregarding expert testimony

A judge has much discretion. This includes disrearding or failure to admit or give credence to any testimony. The issue of reports and evidence in the government's possession is usually attended to before the case is scheduled for a trial. If you believe that the judge committed errors of law or went against the weight of the evidence. You may seek to file certain portective post trial motions, and seek the assistance of a lawyer who does appeals work. There are some time lines for various motions. You should contact an attorney to make sure that you are advised about the options.

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Answered on 9/21/04, 3:33 pm


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