Wednesday, October 29, 2014

When judges are testifying as experts...

I wrote in the previous post about Judge Sharpe's "visionary" unsworn testimony on behalf of the prosecution in a case where the judge claimed that in 50 years a gene will be discovered showing that some people may have uncontrollable urges to view child pornography.

Apparently, Judge Sharpe did not find that unsworn testimony of a judge on behalf of the prosecution is somehow inappropriate.

So far, I know of only one more judge who also loves to testify as a medical expert, Judge Carl F. Becker of the Delaware County Court, New York.

Judge Becker offered (and relied upon) his own unsworn opinions as:

(1) forensic dentist;

(2) forensic gynecologist;

(3) forensic ophtalmologist (Judge Becker stated in an open criminal proceeding that a legally blind defendant is not as blind as he pretends to be - when the judge accepted a plea from a legally blind defendant that he drove the truck with drugs), and

(4) forensic surgeon (Judge Becker stated, also in an open criminal proceeding that a criminal "suddenly" needed a surgery to avoid sentencing while he is not as disabled as he claims to be - and that New York State will provide free medical care to such person behind bar).

Those are cases I know about, there might be a lot more.

In all of those cases Judge Becker made his unsworn and unqualified expert opinion in favor of a party with a higher social standing.

And, while the 2nd circuit reversed the case where Judge Sharpe offered his unsworn and unqualified expert testimony on behalf of the prosecution, in New York, appellate court affirmed decisions involving unsworn testimony of Judge Becker - every one of them.


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