Melvin Belli, famed criminal lawyer
reportedly stated in Trial Magazine in 1982:
"In this modern age, an 'expert' is found in any field, no matter how esoteric. The cost may be high to employ the expert, but it may well be higher not to employ one. Indeed, counsel who chooses to proceed without an expert may be flirting with malpractice."
The Role of The Expert Witness
Gang expert, Dr. Lewis Yablonsky states that generally, the role of an expert-witness in the criminal justice system has been defined as a person who has some special training or experience in a criminal behavioral area and can help the judge, lawyers and the jury
arrive at the truth in the judicial process. In the past, the role has been limited to such professionals as psychiatrists, physicians, and engineers. In the last decade, however, there has been a broader acceptance of professional expert-witnesses in court cases--including criminal gang cases.
To add my perspective to the definition provided by Dr. Yablonsky, I consider
the role of a private gang identification expert in a court of law to be that of an "educator."
That is, the expert witness is hired to educate the court, the prosecutor, the
defense attorney and the jury. The expert, under no circumstances, should
slant his testimony to accommodate whichever side has retained his services.
Nor should a private expert limit him/herself to providing testimony only for
prosecutors or only for defenders. To do so gives the appearance of a
"hired gun" or the perception of a "convict at all costs"
mentality. The credibility and integrity of this witness should be
questioned as this attitude might tend to show prejudice for the side by which
he was retained, which, in turn, could jeopardize the case for that side.
The testimony of the expert witness should reflect the knowledge and expertise of the expert and it
should be fair and balanced. If any attorney has a problem with this
guideline, perhaps he should consider another expert. If an expert has a
problem with this, perhaps he or she should consider another profession. It is not the role of a gang identification
expert witness to be concerned with the conviction or acquittal of a defendant. That is the role
of the attorneys involved.
Throughout history, Gangs and Security Threat Groups have undergone countless changes. These changes may include the gang name, colors, signs, symbols, tattoos and other identifiers. Some gangs, in an attempt to emulate other gangs with a higher degree of visibility and reputation, continue to make these changes on a frequent basis.
The term "expert" implies that an individual has skill or knowledge that
represents "mastery" of a particular subject.
No one person, who is an expert on gang identification, can know everything about all gangs. Countless new gangs form everyday throughout the United States, adding to those thousands already in existence.
Fortunately, when dealing with the older, more traditional, nationally known
gangs, there are a number of factors that remain constant and even many copy cats do not
always change everything that identifies or separates their gang from the rest.
Unfortunately, there are now, a number of gangs that have formed independently
of the traditional gangs and even though they may call themselves by a well
known gang name, there is frequently no other similarity to the traditional
gang. These gangs are sometimes known as "hybrid" gangs.
If you are a prosecutor or a trial attorney and you want the court to be
educated about signs, symbols, tattoos, and other identifiers, or you need to
know the definition of a gang, a gang member, or a gang related crime, I can assist. My services include:
Expert witness testimony
Research
Identification of gang signs, symbols, tattoos, codes
Document/evidence review
Consultation and testimony
Throughout my first career with the Drug Enforcement Administration, I testified
numerous times as a drug expert witness. Now that I am semi-retired and
moving in a new direction, I have been court qualified on eight occasions as a gang expert witness in the state courts of South Carolina, North Carolina, Georgia, Florida, Texas, and Virginia. I have also assisted and provided research in cases in the states of Ohio,
Pennsylvania, Texas, Virginia, West Virginia and Wisconsin as well as the 4th Circuit District Court, Richmond, VA (RICO).
Each case involved testimony for which I already possessed the necessary knowledge. For those situations that may arise where research is required, I have the necessary contacts and resources throughout the United States to find the answers.
My reputation is based on my honesty and integrity. My service to you, the client, will be highest degree of professionalism that can be offered. I am committed to accepting only those cases for which I believe I have the qualifications to fully support you in your prosecution or defense of the case.
