LIVE: Karen Read Daubert-Lanigan Hearing of 12/12/24 with Mark Bederow, Esq.~ Atty Commentary- Pt 1

MA v Karen Read

The Commonwealth made a Motion to Exclude the Testimony of Defense Expert Dr. Marie Russell and requested a Daubert-Lanigan Hearing. Despite the fact that Dr. Russell was the subject of voir dire during Read's first trial, and was qualified by this same Judge as an expert regarding her opinion that the wounds on decedent Officer John O'Keefe's right arm were caused by a dog attack, J. Cannone ordered this hearing.

In Massachusetts, Five Foundation Requirements must be considered in deciding whether to qualify an expert witness. The proponent of expert witness testimony has the burden of establishing the five foundational requirements for admission. First, the proponent must establish that the expert witness testimony will assist the trier of fact. Second, the proponent must demonstrate that the witness is qualified as an expert in the relevant area of inquiry. Third, the proponent must demonstrate that the facts or data in the record are sufficient to enable the witness to give an opinion that is not merely speculation. Fourth, the expert opinion must be based on a body of knowledge, a principle, or a method that is reliable. Fifth, the proponent must demonstrate that the expert’s opinion reflects a reliable application of the body of knowledge, the principle, or the method to the particular facts of the case.

39:34 Direct Examination of Dr. Marie Russell by Robert Alessi, Esq. for the Defense

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