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TMA UnderGround >> EXPERT WITNESS TESTIMONY


10/5/04 2:28 PM
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old-guard
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Edited: 05-Oct-04
Member Since: 01/01/2001
Posts: 967
 
i have testified three times in criminal proceedings, twice as a martial arts expert witness. First tiral was a murder trial. guy at a campground walked into a campsite and during the course of talking with the campers said that he was a black belt. argument and fight ensued. camper struck black belt with rock killing him. his defense was self defense/feared for his life. i was paid $100/hr to testify about what it takes to become a black belt and whether or not a black belt would cause a person to be justified in using a rock to defend himself/fear for his life. Second trial, a local dentist had a falling out with his instructor. instructor wanted to "clear the air". the dentist/student met the instructor at a local park (dumb) . dentist/student brought a starter's pistol to the meeting as he feared the instructor would attack and he would use the gun that shoots blanks to scare instructor from attacking. the instructor was told not to approach to closely but kept coming forward. the instructor lunged to take away the gun and missed. the dentist/student struck the instructor in the head several times fracturing his skull. GUILTY OR NOT GUILTY: YOU DECIDE the other trial was when a former student raped and killed a young woman and i was asked to testify about his character. he is now on death row.
10/5/04 3:30 PM
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Willybone
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Edited: 06-Oct-04 01:37 PM
Member Since: 01/01/2001
Posts: 15148
Man, people are idiots.
In both cases, I'd lean towards "justified". But, I'd really need to know more.
10/30/04 7:52 PM
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TheJET
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Edited: 30-Oct-04
Member Since: 10/23/2004
Posts: 24
David Vieira BJJ / Tampa CombaT
Although a bit cheesey, it was best said in the movie Road House... "if someone puts a gun to your head you have two choices, you can die or you can kill the MF". In case #2, the student didn't necessarily have the gun at the Instructor's head but he was pointing at him. The Instructor has the right to defend against that weapon. In the part of the student who fractured the Instructor's skull, I would have to ask this... How many stikes did it take to immobilize the Instructor? If he was knocked out with one strike, there would have been no need to continue hitting him, therefore killing him. In this case the student would be guilty of 2nd degree murder. However, if the Instructor continued to fight and it took multiple strikes to finish him and he died from a life threatening struggle, then it could be self-defense on the part of the student. We definately need more details of what actually transpired in order to give an honest and correct answer to your questions. How did you get this job of "Expert Witness" anyhow?
11/1/04 1:40 AM
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chadk
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Edited: 01-Nov-04
Member Since: 05/12/2003
Posts: 3192
I have trained in several styles (and mastered none btw) and have quit them all when I approached "Black Belt" level. I dont want the added liability that holding such rank would bring. Not that a BB makes you a tough guy, or even a decent fighter, but to the un-informed public... it does. I work in the law enforcement field, and deal with hostile individuals often. All I need is for one of them to get injured, and then have their attorneys find out I was a BB. I can just hear it now. "With your expertise in deadly martial arts... surely you could have disarmed my client without shooting him. Right???" Maybe I am being too cautious. However, I am always amazed at the misconceptions people have about martial training. My fear is that it wouldn't take much to convince a jury that I should have used my chi to disarm a thug trying to hurt me. No... in reality I cant run on walls, catch bullets in my teeth, nor beat up 23 street thugs single handedly.
11/1/04 10:13 AM
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TheJET
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Edited: 01-Nov-04
Member Since: 10/23/2004
Posts: 37
David Vieira BJJ / Tampa CombaT
ChadK , I'm a in the process of getting accepted to the Police Academy. I guess you've sparked some food for thought here.
11/1/04 5:57 PM
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old-guard
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Edited: 01-Nov-04
Member Since: 01/01/2001
Posts: 1042
Jet, the instructor was disabled after one blow to the head. he, however, was struck several times and suffered multiple skull fractures. this was a really dumb move on the student's part. first of all, meeting with the instructor in a isolated park was dumb. bringing a starters pistol was really dumb. because the student had, just, a starters pistol he freaked when the instructor made his move and missed the gun and struck him several times. the instructor was really dumb. he was about 20 yards away with the student holding a gun. student kept telling him to not come closer but he kept coming to the point where he could make a move for the gun. i got the job because his attorney's nephew knew about me as i had a couple of schools in the area and was well known as a martial artist. attorney contacted me and agreed to pay me $100 per hr. spent about 30 hrs on the case.
11/1/04 11:06 PM
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TheJET
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Edited: 01-Nov-04
Member Since: 10/23/2004
Posts: 42
David Vieira BJJ / Tampa CombaT
That is just a crazy scenario. So many things went wrong for both sides. I guess that's reality though. Good for you with the job. That's interesting. I have respect for you for that. Thanks for the extra info. Take care.

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