Forensic expert in murder trial called a `gun slinger'
A forensic expert who previously testified at the trial of O.J. Simpson was nothing but a "gun slinger'' with "bogus opinions'' brought in to support a case against a man accused of murder, it was claimed.
Defence counsel John Perry QC slammed the evidence given by Dr. Michael Baden at the trial of Justis Smith, who is accused of premeditated murder.
Canadian Rebecca Middleton, 17, was found sexually assaulted and stabbed to death on Ferry Road, on July 3, 1996.
Mr. Perry said there were contradictions in his theories that flew against opinions given by other professionals who worked on the case.
And he claimed it wasn't until the year following the July 1996 killing that he expressed an opinion that another man was involved with Kirk Mundy in the incident.
"This exercise is the prosecution department thrashing around to try and find some support for a two-man theory,'' he said. "And you of O.J. Simpson fame have been brought in like a gun slinger to do your deed, right or wrong?'' The defence counsel also said during the Supreme Court trial that there were other theories about the actual killing, abuse and subsequent movement of the body -- contrary to those given by Dr. Baden during his examination by Crown counsel William Pearce QC.
Mr. Perry said evidence given by Government analyst Kevin Leask, who visited the scene on the morning of the murder and saw the body, suggested that Miss Middleton could have been kneeling whilst she was stabbed from behind.
There was evidence of grass and soil marks on her shins, feet and balls of the hands.
He said it could have been possible for one person, holding the terrified victim by the hair, to have cut and stabbed her from behind as she knelt whilst exercising control.
Following on from that, and with the evidence that only Kirk Mundy's semen was found in the 17-year-old holidaymaker, he said it was possible that she was sexually abused from behind with her hands on the ground -- by one person.
The lawyer said it ran against the theory that two people were involved, one holding her arms and head whilst the other stabbed her, whilst seated on the ground.
He accused the Director of Forensic Science for New York State Police of abandoning objectivity whilst providing his opinion on the case.
Dr. Baden replied: "I am stating what is forensically obvious, not abandoning objectivity, I am just stating an opinion which you don't care for.'' "Your opinions are bogus, showing that she was seated on the grass and that two people were involved,'' said Mr. Perry. "You have adopted the position of a paid lackey.'' Dr. Baden replied: "I am not a paid lackey, I have given my opinion.. .based on my knowledge and experience.'' US forensic expert called a `gun slinger' During the sixth day of the trial, in which Justis Smith, 19, of Deepdale Road East, Pembroke, pleads not guilty to premeditated murder, the defence stated that there was no forensic evidence to connect any other man to the crime.
There was no semen, hair, fibre or blood that could link Justis Smith to the murder.
And John Perry said there was nothing in the evidence to support the theory that two people were involved, but Dr. Baden said it was possible, particularly from the way the blood flowed and the lack of defence wounds, that the murder happened as he stated.
He said he disagreed with another report that said there were defensive wounds on her hands, saying they could have been caused by sharp objects on the ground. Rebecca Middleton was found viciously murdered on Ferry Road on July 3, 1996. She had been stabbed, tortured and sexually abused before being left for dead. Passersby found her barely alive sprawled in the middle of the lonely road in the early hours of the morning. She died at the scene -- hours after a night out in St. George's with schoolfriend Jasmine Meens.
It is alleged that she died after accepting a lift with Justis Smith and Kirk Mundy -- who has been sentenced to five years imprisonment after pleading guilty to being an accessory after the fact.
John Perry attacked Dr. Baden's theory that the teenager was carried to the middle of the road after the attack.
Mr. Perry said she could have stumbled from the grass verge, where the attack took place, and fallen on the road.
Dr. Baden replied if that was the case there would have been blood splashes or drops in between, of which there were none.
He said she had to have been carried face up by two people, who could have intended on taking her to the vegetation on the other side of the road or left her in the road in the hope of making it look like a car accident.
The trial, before Puisne Judge Vincent Meerabux, continues today.