Tuesday, January 30, 2007

New CAAF Cases: Foster and Brooks

CAAF released two new cases today.

Foster involved a judicial disqualification issue. Particularly, the case centered on the military judge's hostility to a defense expert in a child sexual abuse case. The expert was to testify about the effects of multiple interviews on a child accuser's credibility. CAAF affirmed the case and said that the judge was properly hostile to the witness because the expert could not be a human lie detector. CAAFlog participant Bill Cassara loses a hard fought battle in that case.

Brooks is another "human lie detector" case, this time with the government employing the human lie detector. The expert testified regarding the likelihood that the 5-year child was lying about the child sexual abuse. CAAF reversed stating that the 98% probability of truth telling expressed by the expert was prejudicial.

Both cases were unanimous. Judges Stucky and Ryan did not participate.

1 comment:

QM1 Todd R. Forbes (Ret) said...

I came across your blog when I was researching Collazo, Tardif, and Maxwell. I sure wish you were around years ago...heck, what a story that would be for you. Just look up US v Forbes. Now that was a case! I am free because the broken system works from time to time. If you are Lawyers, please work to fix it. Innocent people do end up in confinement and sit around waiting hopefully for a favorable outcome. Sometimes the wait is over seven years. I can be reached email qm1forbes48@aol.com