Judge Uses Daubert To Exclude Opinions From 1972 Murder Trial For Man’s Retrial

Mealey's (December 23, 2019, 1:25 PM EST) -- WASHINGTON, D.C. — Transcripts of testimony from three prosecution experts in the 1972 trial of a man convicted of murder cannot be used in the man’s court-ordered retrial because the testimony does not meet the current standards of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), a District of Columbia federal judge held Dec. 20 (United States v. John Milton Ausby, No. 1:72-cr-67, D. D.C., 2019 U.S. Dist. LEXIS 218971)....