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While they do not have an obligation to do so, criminal defendants can introduce expert testimony in their defense. Such evidence must meet certain qualifications to be admissible, however, which means in part that it must be relevant. In a recent matter in which the defendant’s conviction for child pornography crimes was upheld, a court explained when a defendant’s motion to present expert testimony should be denied. If you are accused of a sex crime, it is advisable to confer with a Florida sex crime defense attorney to assess what evidence you may be able to introduce in your defense.

The Facts of the Case

It is reported that the defendant and her boyfriend had two minor children together. The boyfriend was a pedophile, and when he was away from home, the defendant would send him naked images and videos of their daughters. The defendant was charged with possessing and producing child pornography. During her trial, she moved to introduce expert testimony related to her intellectual disability from a psychologist. The court denied her motion. She was subsequently convicted, after which she appealed.

Admissibility of Evidence in Favor of the Defendant

On appeal, the defendant argued that the trial court’s refusal to allow her to introduce expert testimony regarding her disability shattered her defense and therefore violated her constitutional rights. The court rejected her reasoning, noting that her expert’s testimony was not connected to any theory of defense that was accepted under the law. As such, it affirmed the trial court ruling. Continue Reading ›

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