The scary truth about Expert witnesses, in the Jodi Arias trial, and elsewhere

One doesn’t have to be an expert to agree that criminal trials are a serious business. Add the death penalty to the equation, and you have super serious business. Any proceeding that might deprive the defendant of liberty, and the victim of a just verdict, should not be so vulnerable to mercenary self interests.  But, such is the case, in many cases. Very rarely does the public get to see how very cynical is this justice process. We hear lots about dirty defense attorneys, and way too little about dirty prosecutors.

There are various reasons for this: Vast immunities protect prosecutors and censure is almost unheard of. For every Nifong there are the Martin Boag’s who are free to seek judge-ships, and free to decimate lives. Plus, it is too   scary to consider that prosecutors are too often base ladder climbers, who could care less, about right or wrong. Understanding that would be precarious for the psyche.The media profits from the good guy vs bad guy narrative and the true nature of the justice system is ever shown.

It is not widely known how prosecutors get promotions based on wins and demotions based on losses, and how many of them see it as an acceptable practice — to railroad the innocent, to preserve or enhance their careers.  The worst criticism you see leveled at them is that they are “too zealous.”  It is as if they believe that they are doing the right thing, but overdo it. It is not realized that these are educated people, with common sense, and that they more often than not, are fully aware that they are prosecuting an innocent person, when they do prosecute an innocent person.

But, ahem, this post is about expert witnesses and how they are utilized in the often very sad, and very diseased, American justice system. These so called experts, often make or break a case, and their decisions can doom a guilty defendant, or worse — doom an innocent one.

All over facebook ,and other places on the internet, there is discussion of the Arias Trial. There are varying degrees of disgust and disdain for the defense’s expert witnesses. I see such loathing as well earned, and not vociferous enough. Dr. Richard Samuels drsamuelsjodiariaslaurenspitzberg

and his fog defenses, and his gift giving to Ms. Ariasjodiarariastrialis rightfully offending those who take umbrage at the idea of using one’s degrees, to get paid three hundred bucks, and hour, to bullshit.  It’s so over the top, the bullshit that these two have been spewing, that its farcicalness takes away from its seriousness. As annoying and un-credible as Samuels seemed, his shadiness was overshadowed by long time court testifier and domestic violence profiteer, Alyce LaViolette. Such a fancy name for such a nasty piece of work.

Alyce alycelavioletat first glance, is one of those feminist Northern California types. An embracer of multi-culturism, and most likely averse to gluten. No plastic bags for old Alyce .I’m sure she went very far with this beneficent image. Until recently. Recently, her true character caught up with her. Her true character: Someone who is willing to lie and cheat for money, in a very profound setting. In a setting where the surviving Alexander family members are in great emotional pain as they search for some meaningful resolution. Not only was Ms. LaViolette, willing to be so very disgusted by nasty, out of context, texts, but she was willing to label the rantings of a pissed off person as extreme battery. She was willing to further defile the name of a man, that never did anything to make any sane person, be assured, that he committed battery against anyone.

This equating of hostile texts to terrifying battery, not only strikes me as inane, it has far reaching repercussions. I have never been a victim of domestic abuse, and I never knew anyone that was. When I hear Laviolette compare common nastiness, to extreme battery, my mind goes to a place where I would be much more skeptical, and my not be supportive of someone really suffering abuse. I imagine this doesn’t stop with me.

LaViolette demeaned and diminished the plight of the truly abused, and she did so for cold hard cash. She then showed definitively her irreverence for oaths or truth or justice …. when she lied outright about testifying for men and criminal cases, and being a keynote speaker.

Then, the prosecution felt it necessary to use more state funds to counter the possible damage caused by this domestic abuse ruse. The comments I saw, all over the internet, turned the state’s expert, Dr. Janeen Demarte, into a heroine. demartelaurenspitzbergariastrialcompressed1367085792to my chagrin.

Of course, I have no beef with Ms. Demarte. She very well could be an ethical expert. It is the assumption, I saw, in a widespread way, that the prosecution only uses legitimate expert witnesses. Indeed, Dr. Demarte, came off as much less biased than the other two avaricious experts. But, that doesn’t mean much. It can very well only mean that Demarte is sharp enough to not look so flagrantly predisposed to an outcome.

Just as LaViolette’s distortions, prevarications, and outright lies, damage the real plight of victims of domestic abuse, so too does the impression of the prosecution are always the good guys, with only only justice as their motivator. Demarte became some hero because many took an us against them mentality. I don’t blame anyone for that. Before I was a victim, and witness, to chilling prosecutorial misconduct, I thought the same way.

I won’t further complicate this post with my personal experience with malicious prosecution. Not for today.  But, I will say that in Los Angeles County, the City Attorney’s office under Carmen Trutanich, and the District Attorneys office under Steve Cooley,  call upon evil characters/”expert witnesses,” to falsify reports and to provide false testimony at hearings, and at trial. They do so in cases where they not only file bad charges, and can’t win the right way, but when the innocent defendant refuses to plea when innocent.

Recognizing the liability implicit in such damage, they have devised a very sinister scheme, out of Stalin’s regime.  Under false pretenses they get  the defendant sent to some foresaken mental health court. Division 95. They have a few complicit judges, on call. Judge Samantha Jessner, Judge Karla Kerlin, Judge Robert Vanderet, Judge Henry Barela, and Judge Maria Stratton are willing and very able to seal the deal, at the behest of Deputy City Attorneys, Jennifer Waxler, Felise Kalpakian, and Martin Boags.DA’s in the mental health court are willing to go along with the vicious charade. Richard Vagnozzi is the only name that I remember, at this moment.

They know that fraudulent charges will incur liability , and that such malicious prosecutions are a result of the LAPD’s Threat Management Unit’s unholy alliance with lawfirms such as Lavely and Singer, and that any dismissal or acquittal will instigate a costly lawsuit against these entities. They know too that if such a conspiracy(yes, an actual conspiracy)is fully exposed they should be criminally prosecuted.

Enter hired guns and monsters, Dr. Francisco Velarde, Dr. Kaushal Sharma, Dr. Kristen Ochoa, and a Sabrina DiBiagio. For the right price, paid by the prosecution, they will, shred the hell out of their Hippocratic oaths. They will, without one shred of evidence of any mental defect or disorder, draft false reports indicating that the defendant is “incompetent to stand trial.” Dr. Kaushal Sharma and Dr. Velarde will recommend that the defendant(with no evidence of any mental illness absent the nuttiness of not submitting to such scary freaks,) be forcibly medicated. Many witnesses in the courts shake their heads in disgust, but do nothing. The public defenders office, and many defense attorneys are apprised of this madness, and they do nothing. Many half decent city attorney and cops feel bad but not bad enough to take action and risk retalation. The ACLU and FBI, and the rest, know of it, and do nothing. It’s pretty astounding. Helllloooo!

By comparison, LaViolette and Samuel’s frauds are not as extreme, but they stem from the same insane corruption and greed that pervades the American Courts, and has been tolerated for far too long. Google, “Kaushal Sharma and appeal,” and you will see a man known by defense lawyers as a”prosecution whore.” Makes Geffner seem like a saint.  You will see how Sharma puts the severely addled on death row ,and then how he puts the sane and innocent in Patton state hospital for the criminally insane. Also, look into the Brandon Raub case, and the Melissa Balin Case. Prosecutors are just as guilty when it comes to expert witness abuse.The results of their guilt are too scary to contemplate, much less accept.

I propose that some law be passed, very soon, to stop this widely accepted , and very destructive, charlatanism.

art by Lauren Spitzberg, text by Alisa “too competent to stand trial, and won at trial ultimately after being put through hell on earth

Carmen Trutanich

Carmen Trutanich (Photo credit: Wikipedia)

” Spitzberg


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