Judge rules against Libby (not allowed to use a memory expert)

[sabra]

http://www.belleville.com/mld/belleville/news/breaking_news/15913380.htm

Judge rules against Libby
Associated Press

WASHINGTON - Former White House aide I. Lewis "Scooter" Libby will not be allowed to use a memory expert at his perjury and obstruction trial, a federal judge ruled Thursday, blocking a key tactic in Libby's defense strategy.

Libby, who is accused of lying to investigators in the CIA leak case, wanted an expert to testify that memory is unreliable, especially during times of stress. Libby says he had national security issues on his mind and any misstatements he made about the leak of CIA officer Valerie Plame's name were mistakes, not lies.

U.S. District Judge Reggie B. Walton said allowing a memory expert would be a waste of time and would only confuse the jury. Walton said jurors, like everyone else, understand that memory sometimes falters and can judge for themselves whether witnesses are reliable.

The issue provided the case's first courtroom drama last week when Special Prosecutor Patrick Fitzgerald spent hours questioning the research of memory expert Elizabeth Loftus. Fitzgerald picked apart the psychologist's testimony until she acknowledged errors and misstatements in her findings.

[Kikosexy2]

1. Doing cartwheels...

S t a p l e--staple, staple, staple!!!! Yeeahhhhh!!

[Catherine Vincent]

2. And we have Fitzgerald to thank for that.

This dude is awesome.

[DoYouEverWonder]

3. This was the memory expert

who couldn't remember testifying in front of Fitzgerald in another case a few years earlier. :ROFL:

Glad to see the judge isn't going to waste any more time on this issue.

[Webster Green]

4. A memory expert???........

I've heard everything now.

None of the Gang Of Pervs will ever take resposibility for anything.

He wants to bring in a memory expert to say that he might not really be lying.:rofl:

[Patsy Stone]

5. Oh, that whole defense was scrambly to begin with.

Go, Judge Walton!

[rzemanfl]

6. The story of Fitzgerald cross-examining that ditz had me laugh-

ing until I had tears in my eyes.

[Hepburn]

7. I totally agree with the ruling.

Experts are used when there is an area about which most people have little or no knowledge. Who in the hell has to tell anyone that at times a person can have a lapse in memory or forget something. What a STUPID defense move. Frankly, this is a factual issue and an issue of credibility of any witness who testifies.

Good for the judge ~~ a good ruling on this.

[Canuckistanian]

8. How utterly pathetic

They can't even find a credible expert witness for their ONE pathetic defence - I don't remember.

[Kagemusha]

14. She was credible until Fitz was done with her.

Then she wasn't :)

[JudyM]

18. Yeah, that's a great sign of things to come - go Fitz! nt

[nealmhughes]

9. How about sending him to rehab, then find the Catholic priest who molested him

and then using hypnosis on him?

Oh, wait, how about Scooter simply testifying and saying "I don't recall," or else "On the advice of my counsel, I respectfully decline to answer the question on the ground of my 5th Amendment privledge against self-incrimination."

Doesn't sound so nice as a paid "expert," now does it?

[Missy Vixen]

10. The defense is hosed now, right?

Like they weren't before. :eyes: :woohoo:

Let's see what happens now. I predict fireworks!

Julie

[hvn_nbr_2]

11. In a twisted way, that's probably good for Libby

From the sound of things, Fitz ripped that "expert" apart in the previous testimony. She probably would have ended up hurting Libby.

[Demit]

13. She wouldn't have been the expert they would have called to testify.

She was only there in this pre-trial situation to give reasons why the defense should be allowed to have an expert testify at trial.

[hvn_nbr_2]

15. Thanks. I didn't know that. nt

[texpatriot2004]

12. Lying, Lying Libby...nm

[Heidi]

16. Kick.

:kick:

[Demeter]

17. Judge Excludes Memory Expert From Libby Trial --WaPo

http://www.washingtonpost.com/wp-dyn/content/article/2006/11/02/AR2006110201541.html

Associated Press
Friday, November 3, 2006; Page A11


Former White House aide I. Lewis "Scooter" Libby will not be allowed to use a memory expert at his perjury and obstruction trial, a federal judge ruled yesterday, blocking a key tactic in Libby's defense strategy.

Libby, who is accused of lying to investigators in the CIA leak case, wanted an expert to testify that memory is unreliable, especially during times of stress. Libby says he had national security issues on his mind and any misstatements he made about the leak of CIA officer Valerie Plame's name were mistakes, not lies.

U.S. District Judge Reggie B. Walton said allowing a memory expert would be a waste of time and would only confuse jurors. Walton said jurors, like everyone else, understand that memory sometimes falters and can judge whether witnesses are reliable.

The issue provided the case's first courtroom drama last week when Special Counsel Patrick J. Fitzgerald spent hours questioning memory expert Elizabeth F. Loftus's research. Fitzgerald picked apart the psychologist's testimony until she acknowledged errors and misstatements in her findings.

The trial is set to begin in January. Libby's attorneys have said the former aide to Vice President Cheney will testify.