By Howard Fischer | Capitol Media Services/Ahwatukee Foothills News
Juries are entitled to hear from an expert witness on a particular type of crime even if that person knows nothing about the specific victims in the case, the Arizona Supreme Court ruled Thursday.
In a unanimous decision, the justices rebuffed efforts by Martin Salazar-Mercado to overturn his convictions on multiple counts of child abuse. It also leaves intact his sentences, including a life term with no possibility of parole for at least 35 years. But Thursday’s decision has more far-reaching implications. It spells out for the first time ever in Arizona that expert witnesses can provide “cold” testimony to educate jurors about general principles without considering the particular facts of the case. That decision will give more latitude to judges to allow expert testimony in future criminal cases.
