Criminal: August 2009 Archives

Will Court Pay DNA Expert For Indigent Defendant?

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Attorneys for a Wilminton, Ohio, man charged this month with murder in a 1993 death are asking for court approval to hire a DNA expert and a private investigator at a combined cost of $13,000.  Clinton County Common Pleas Court Judge John W. Rudduck this week said he needs more information before he will decide whether to grant the request for funds to retain an expert witness and an investigator. The merits of the request will be heard at an oral hearing Sept. 15 in the common pleas courtroom.  Terrin “Randy” R. Long, 46, of Wilmington, is charged with the death of 32-year-old Dianna Jean Crum in May 1993.

There are circumstances that might require a court to provide an indigent defendant funds to hire a private investigator and expert witnesses, Rudduck wrote in his court entry on the request. But there is another side to this coin, according to the judge.  A key consideration in determining whether to order state-funded expert assistance, according to Rudduck, is gauging what the probable value of the added service is, and the risk of error in the legal proceedings if the assistance is not provided.  “If the court believes the accuracy of the expected trial is adversely affected by not providing the defendant this expert’s advice, the court will authorize expenditure of reasonable funds to ensure the accuracy of the trial,” Rudduck wrote.

Excerpted from wnewssj.com
An expert witness testified last week that Justin Heyne, convicted Brevard County, FL, triple murderer, has significant brain damage and cannot contain aggressive and violent behavior.  Dr. Joseph Wu, a psychiatrist at University of California, says Heyne shows damage in his temporal lobe and likely suffered damage from a concussion in childhood and possibly another one later in life. "His temporal lobe is malfunctioning," Wu said, comparing Heyne's condition to faulty brakes on a car. "Cocaine and alcohol on top of that is like putting gas on a fire."

Palm Bay forensic psychology expert William Riebsame testified Heyne knew what he was doing and knew that it was wrong when he shot and killed the family of three in 2006.  But he also said Heyne may suffer from bipolar disorder. He said both Hamilton and Heyne were using cocaine and drinking beer the day of the shootings. "That should be considered when trying to make sense of Heyne's actions," he said.  Assistant State Attorney Tom Brown said it appeared Heyne was able to think clearly when he fled the scene, hid the weapon, showered and changed into clean clothes.

Excerpted from FloridaToday.com.

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This page is a archive of entries in the Criminal category from August 2009.

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