CAAF released two new cases today.
Foster involved a judicial disqualification issue. Particularly, the case centered on the military judge’s hostility to a defense expert in a child sexual abuse case. The expert was to testify about the effects of multiple interviews on a child accuser’s credibility. CAAF affirmed the case and said that the judge was properly hostile to the witness because the expert could not be a human lie detector. CAAFlog participant Bill Cassara loses a hard fought battle in that case.
Brooks is another “human lie detector” case, this time with the government employing the human lie detector. The expert testified regarding the likelihood that the 5-year child was lying about the child sexual abuse. CAAF reversed stating that the 98% probability of truth telling expressed by the expert was prejudicial.
Both cases were unanimous. Judges Stucky and Ryan did not participate.