February 22, 2019 at 4:40 p.m.
Judge to allow forensic consultant to testify at Mendez trial
Judge to allow forensic consultant to testify at Mendez trial
By Jamie Taylor and Heather Schaefer-
Falstad, who will hear all of the evidence in the court trial of Robin "Bob" Mendez, ruled Thursday the proposed testimony of Chris Robinson meets the criteria set forth in the Daubert statute for admissibility of expert testimony.
Just over one year ago, Mendez was charged with first-degree murder in the cold case death of his then 33-year-old wife, Barbara. The state theorizes Mendez attacked his wife from behind as she performed closing tasks as part of her job at the former Park City Credit Union in Minocqua the evening of April 28, 1982.
The cause of death was ruled "multiple blunt injuries, abrasions and lacerations to the head, with extensive skull fractures," according to a report authored by the late forensic pathologist Dr. Robert W. Huntington III.
Huntington theorized that the injuries were caused by a blunt instrument with a long striking surface "and there's a strong suggestion of an angle in an instrument," according to the complaint.
According to Robinson, the injuries found on the left side of Barbara's face and head are "consistent with being made by a flat, elongated tool" such as a pry bar or a Wonder Bar, tools that are routinely used in the furniture upholstery business.
At the time of the murder, Mendez's family operated an upholstery shop and he would have had easy access to such a tool, it was noted in the criminal complaint.
At a Dec. 13 motion hearing, Robinson explained the experiments he conducted after being hired by the state. The experiments included striking pieces of clay with various pry bars, and attempting to replicate the wounds visible in photos of Barbara's body. Only those samples struck with the Wonder Bar matched the wounds in the photos, Robinson testified.
Defense attorney Peter Prusinski argued Robinson should not be allowed to testify because his work in this case lacks scientific rigor. There were no scientific controls and there is no way to test the accuracy of his work, Prusinski wrote in a motion seeking to bar the testimony.
At Thursday's hearing, Falstad made an oral finding that Robinson's work meets the criteria under the recently amended Wisconsin statute that governs the admissibility of expert testimony.
"A witness qualifies as an expert by knowledge, skill, experience, training or education, may testify thereto in the form of an opinion or otherwise, if the testimony is based upon sufficient facts or data," Falstad said. "The testimony is the product of reliable principals and methods and the witness has applied the principles and methods reliably to the facts of the case."
On the first criteria, Falstad ruled that Robinson's testimony would help her weigh the evidence. As Mendez waived his right to a jury trial, she will be the sole determiner of his guilt or innocence.
"The court will need testimony to understand the manner and cause of death of Ms. Mendez, the type of weapon that may have been used, who would have had access to such an item, the nature of the assault, as far as body positions and closeness of the assailant and other evidence relevant to the analysis of the crime scene itself," Falstad said. "The evidence proffered was described as 'crime scene reconstruction and tool mark expertise,' which the court finds would be critical for a understanding of how this homicide was committed, and who may have committed the crime."
She said Robinson's education, experience and the fact that he has testified as an expert witness in other states fulfills the second criteria.
Falstad also noted that Robinson tried to get as much data as possible and reviewed everything provided to him.
"He reviews police reports, autopsy reports, photographs of the scene, photographs of the wound from the body and all other pertinent information contained within the discovery," Falstad said of the third criteria. "And he said he did so in this case."
She said the work Robinson submitted is of the type she would expect for someone who is a forensic scientist specializing in crime scene reconstruction and tool mark expertise.
The judge ruled that the fourth and fifth criteria were also met.
"However, the court must also consider whether crime scene reconstruction and tool mark analysis is junk science," Falstad said. "The court finds that it is not. The court finds, based on the record, that the analysis was the product of sound and accepted principles and methods used by forensic experts working in this field."
While she will allow Robinson to testify, Falstad said she fully expects the defense to mount a rigorous challenge to his findings.
"Obviously, the limits of his analysis have been and will be vigorously challenged on cross-examination, as it should be," Falstad said. "But the court is going to allow the testimony and evidence of the expert at the trial because the requirement of the Daubert case and section 907.02 Wisconsin Statutes have been met."
Falstad also ruled in favor of a state motion in limine to allow Dr. Adam Covach to testify as to the contents of the autopsy report since Dr. Huntington is deceased.
The case is set for a 12-day trial to run from April 8-30. A final pre-trial conference was scheduled for March 14, but another one may be needed, the parties indicated.
Because the charge is based on the homicide statutes in place in 1982, Mendez faces life in prison if found guilty.
Jamie Taylor may be reached via email at jamie@rivernews
online.com.
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