Ridgeology, Daubert, and Testimony
Instructor: Pat A. Wertheim

The fee for this course is $545

A new five-day, 40-hour class taught by Pat A. Wertheim will be offered two times in November 2003. The course will explore the scientific foundations of friction ridge identification. The “Daubert” challenge to scientific evidence will be covered in detail, including a historical review of such attacks. Finally, testimony strategy will be discussed and moot court sessions will be held featuring the participation of a retired judge and practicing prosecutors and defense attorneys.

A tremendous amount of new information has been published in fingerprint identification as a result of the first Daubert attack on fingerprint evidence in the Byron Mitchell case in 1999. This information includes the latest research on the embryological formation of friction ridges (uniqueness), the structure of friction skin (permanence), and the accepted current methodology of friction ridge identification (ACE-V). All of this information is utilized by defense attorneys preparing to cross examine you, but if you are familiar with it you have nothing to fear. Learn what you need to know to present our science in court.

The US Supreme Court decision of Daubert v. Merrell Dow Pharmaceuticals, 113 S. Ct. 2786 (1993) set a new standard for introduction of scientific evidence in both civil and criminal cases. Federal Courts and courts in twenty-five States are ruled by this decision. Even in those States not covered, fingerprint examiners are experiencing Daubert challenges thinly disguised as Frye challenges. Learn how to withstand such an attack.

Moot court sessions with student witnesses will allow students to learn first-hand how to handle Daubert testimony. Strict rules of courtroom etiquette will be followed and every effort will be made to assure that the courtroom atmosphere is authentic. The goal will be to educate students and boost self confidence, not intimidate or belittle student witnesses.

The class site will be the Country Inn and Suites in Tucson , Arizona . Special class rates of $45 single or double, $55 for a suite, include free continental breakfast. Phone 520-741-9000 and ask for “Fingerprint Class.” The hotel is a half-mile from Tucson International Airport . Free shuttle service is available and at least five eating places are within walking distance.

YOU WILL LEARN:

1) The latest info on the formation, development, growth, and structure of friction skin.

2) The history of “Daubert” and its effect on the introduction of fingerprints in court.

3) Principles of public speaking important to testimony skills.

4) Five areas of testimony that must be covered in direct testimony.

5) Six areas of possible attack by opposing counsel in court.

CLASS ACTIVITIES INCLUDE:

1) Design a comprehensive set of customized court questions.

2) Observe realistic testimony by other fingerprint experts.

3) Participate as juror, critic, and expert consultant in moot court sessions.

4) Chance to participate as a witness in moot court sessions.

NOTE: FINAL EXAM REQUIRED. PLEASE DO NOT SCHEDULE A RETURN FLIGHT LEAVING TUCSON BEFORE 4:30 P.M. ON THE LAST DAY OF CLASS.

Hotel brochure and information will be sent with confirmation letter immediately upon receipt of registration. If more information is needed prior to registration, please email or phone. Send registration or questions to:

Pat A. Wertheim

P. O. Box 23629

Tucson , AZ 85734-3629

Phone:  520-746-4570               Or:  520-237-2188

Fax:      520-745-0108   Or:  520-746-4569

For more information, e-mail:   foridents@aol.com