"Black Box" Expert Witness Allowed to Testify; Prosecution Did Not Steal Expert

A New Jersey state judge recently ruled that prosecutors did not steal a defense expert witness slated to testify in the approaching vehicular homicide trial of a state trooper. The defense moved to disqualify the expert witness, an authority on event data recorders, otherwise known as "black boxes," because the defense team had contacted him first. The judge, however, found that there was "no retainer, no payment, no bills for services rendered, no notes, records or memoranda memorializing that relationship..." The judge also noted that in cases where only a few experts in a specialized field exist, an attorney could effectively prevent the opposing side from engaging a witness simply by talking to all of the experts, thus binding them without an expert contract or other evidence of a formal relationship. Not on this judge's watch apparently. Bravo.

Thanks to the Wall Police Blotter for the story.