Jury Reaches Decision in Brain-Scan Test Case

[The Straight Story]

Jury Reaches Decision in Brain-Scan Test Case

After a judge excluded brain scan evidence offered by the plaintiff, a jury quickly found for the defense in a Brooklyn sexual harassment case this week.

The case, which drew national attention following a Wired.com article earlier this month, was one of the first times that fMRI brain scanning had been offered as evidence in court.

David Zevin, the plaintiff’s lead attorney, had argued that his client, temp worker Cynette Wilson, had been blacklisted from assignments after complaining about sexual harassment at a work site. The plaintiff’s key witness claimed his boss at the staffing agency, Edwin Medina, told him not to give Wilson any more assignments. The staffing agency denied the allegation.

To try to prove his witness was not lying, Zevin contacted the brain scanning company Cephos, which agreed to provide their fMRI lie-detection test for free. When asked several questions like, “Did Edwin Medina tell you not to place Cynette because she was too legally savvy?” the witness, according to Cephos, answered truthfully.

But the New York State Court jury felt otherwise. They deliberated for less than half an hour before finding for the defense.

Read More http://www.wired.com/wiredscience/2010/05/jury-finds-against-plaintiff/#ixzz0o1d4KDTG

[ChairmanAgnostic]

1. if the evidence was exclude, why the hell the hype for this story?

The jury NEVER saw it.

So it was simply a he said, she said credibility issue. Wilson lost.

Evidence is a tricky thing. Even fingerprints are being dissed as not absolutely accurate and appropriate evidence. For an unproven technology like this brain scan to be an effort to bolster someone's credibility? I agree with the judge. Too many unknowns. For now. Sometime in the future? It might be a different story.

[applegrove]

2. Can't happen fast enough.