Expert Witnesses Who Lie

Name: The Coffey Firm
Price range: $$$

Whether it is DWI expert witnesses, DNA experts, or analytical chemists, the concerns for truth in science are the same….

The American Criminal Justice System: “Houston, We have a Problem.”

Expert Witnesses Who Lie

Mark Fuhrman, convicted of felony perjury after the O.J. Simpson trial, is now a national Fox legal analyst, an “expert witness” on police matters. Last week, the 6th Circuit Court of Appeals in Cincinnati, Ohio, ruled “Dr.” James Ferguson, a state toxicologist, convicted of perjury, could NOT be sued or found liable for lying in a murder case where his expert witness testimony was relied upon by the judge for the conviction. Fred Zain, toxicologist at the West Virginia Department of Public Safety, falsified lab results which resulted in as many as 134 wrongful convictions. Once under investigation, he merely picked up and moved to San Antonio, Texas. There he worked as a toxicologist. An investigation found at least 180 cases in which fraud may have led to wrongful convictions. He died in the comforts of his Florida home in 2002.

Picking up the pieces in Boston, Massachusetts, over 34,000 lab results are now in question after state toxicologist Annie Dookhan pled guilty to crimes related to falsifying results. These cases are just the recent ones. They are only the tip of the iceberg. When caught cheating in the Olympics, the commission strips athletes of their medal and the opportunity to compete. In American criminal courts, if an officer or expert witness lies to obtain a conviction, they receive promotions and raises. If caught in a lie, the Courts protect them. The 6th Circuit Court rationalized, “Dr. Ferguson deserves absolute immunity in the case because [we protect] all testimony, even if perjured, to ensure witnesses will be candid without fearing lawsuit.”

Limitation on the immunity

Mind you, this absolute immunity protection ONLY applies to government witnesses. It‘s the same type of logic as preventing poisoned customers from suing a chef because it stifle the chef’s creativity. How many chefs would poison patrons? An illegal and unlikely scenario as restaurants would shut down and there would be health code compliance complaints. These safeguards do not play out in the criminal justice system. Quite the opposite: convictions win elections and look great in the media while those successful earn job promotions.

As for a forensic regulatory body, NONE with any regulatory powers over the criminal justice system exist. We currently have a scandal ridden “pay as you go” certifying agency environment. As a result, groups like the American Crime Lab Directors (under major fire and litigation) issue board certifications and certificates for a fee despite not adhering to scientific peer review recommendations; e.g. blind audits, true proficiency tests.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

24 June

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Double Standard

Posted by Mimi Coffey

in Helpful Legal Information

We the citizens must know the law. It is no excuse for us to not know the law in court. Yet the Houston Court of Appeals created a double standard when it ruled that a cop can be mistaken on the law and it does not matter, the resulting investigation is legal. In other words: the stop is good.

Babel v. State created a double standard

The Houston Court of Appeals in Babel v. State, No. 14-17-00762-CR, 2019 Tex. App. LEXIS 3144 (Tex.App.-Houston [14th Dist.] April 18, 2019) (designated for publication) has laid down the gauntlet in an illogical position to “back the blue.” So what are the facts? On September 5, 2016 Ms. Babel was driving on FM 529 in Harris County. The sun was beginning to set. All the cars on the road had their lights on except two vehicles. The cop was driving in the same direction as Ms. Babel. He decided to get ahead of her and then see if she turned on her lights. When she did not, he lit her up for failure to use headlights at nighttime under Texas Transportation Code 547.302.

The law defines “nighttime” as 30 minutes after sunset. Sunset that night was at 8:07 pm. He stopped Ms. Babel at 8 pm. The law is clear that in warrantless arrests, the State has the burden to prove the legality of the stop beyond a reasonable doubt. Where doubt exists about the facts combined with the law, that doubt requires throwing the case out. Why the Houston Court of Appeals wants to excuse a cop’s mistake when the law requires otherwise defies all reason.

It is not right for police officers to get a pass under the law when their job requires that they know the law. Yes, of course cops make mistakes just like everyone does in all types of different professions. But, excusing a wrong because it is a cop that committed it does not make it right. Ben Franklin stated, “Those that would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” No one is above the law in the United States of America. There should be no double standard. The courts need a reality check on who they work for, and it is not the cops.

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI Lawyer Dallas County, DWI attorneys Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

01 June

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A Sad Day in America

Posted by Mimi Coffey

in Helpful Legal Information

It is a sad day in America because the National Commission on Forensic Science has been terminated. This commission has helped overturn convictions based on faulty forensic science. Further, the commission has been helpful for DUI and Criminal Defense lawyers. The commission helps by exploring minimal qualifications to be able to be an analyst in reporting a forensic result. It further helps in determining minimum requirements to ensure validity in forensic science. The elimination of this commission harms more than helps those accused of a crime, including a DUI. It will also harm DUI and Criminal Defense lawyers. The harm is in having no ability to attack the validity of certain forensic “sciences” used against clients. Today is a very sad day in America.