June 2014 - Pg 9
Example: A judge in Ohio recently [and rather incredibly] denied a defendant the right to present testimony from an acknowledged self-defense expert on the defensive use of a knife to prevent strangulation because, “these matters are not beyond the knowledge or experience possessed by lay persons, nor do they dispel a misconception common among lay persons, and therefore would have done little, if anything, to aid the jury.” State of Ohio v. Shannon N. Smith, No. CA2010-05-047 (Ohio App. Dist. 2011). http://www.sconet.state.oh.us/pdf_viewer/pdf_viewer.aspx?pdf=688195.pdf
The same would hold true for a firearms expert and a forensic pathologist. The pathologist in the Bison King case (see http://armedcitizensnetwork.org/wanted-convictions-at-any-price) charged $30,000, but in that case, the mechanism of death was hotly disputed.
In a self-defense case that will not be true (“Yes, I shot him, but it was in self defense”), but there may obviously be other factors (“Somebody shot him, we’re just not sure who,” “he was shot over here, but lived long enough to run over there,” etc.).
An individual charged with a murder as a result of a self-defense shooting is likely to spend a minimum of $80,000 and upward from there on a defense. But, it really varies in a number of factors.
James Fleming is a member of the Network Advisory Board and a practicing criminal defense attorney of 30 years experience. Before becoming an attorney, he was a certified law enforcement officer in Nebraska. See http://www.jimfleminglaw.com for more information.
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