Use of Technical Experts – Part 1
One of the most time consuming pretrial projects was finding, interviewing, retaining and educating the technical experts. Because of the tight timeframes dictated by the Speedy Trial Act, it is imperative that experts and consultants be retained early on in the process. This assures that you will get the expert of your choice and gives the expert a longer learning curve with both the lawyers and the defendants. This allowed the experts to educate the lawyers and defendants over a longer period of time, as well as allowing the defendants to educate the experts as to the technical advances in place at their facility. A side benefit of the longer learning curve (due to the early retention of experts) may be that each expert becomes convinced of the innocence of each of your clients. This conviction on behalf of the experts will result in a greater degree of advocacy on behalf of the defendant. Keep in mind that while you are shopping for experts, the Government is also shopping for experts. Your paths may cross (that is, you may both want the same expert).
Many of the fields of expertise needed for an environmental crimes defense overlapped. For instance, you may need a wastewater/stormwater design expert, a toxicologist, an expert on hazardous waste identification, dispersion modeling experts, facilities experts and even non-environmental experts, such as a forensic/clinical psychologist (read as “jury consultant”). Even though the disciplines may overlap in some instances, each must be given discreet assignments. An in-depth explanation of the charges pending against each defendant is necessary. Then ask each expert to requested, orally only, a “wish list.” To the extent the wish list can be granted, it should be granted. Typically, each expert should visit the facility and talk with as many people as possible regarding the operations of the terminal, as well as its design. After the wish lists are completed, try to provide each expert with details of areas of testimony that could be expected at trial. These areas will be continually refined with the experts based upon their findings and concerns and trial developments.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
WDJiii