State Supreme Court orders new trial after witness lied

quote:

The Wisconsin Supreme Court ordered a new trial Tuesday for a man serving life in prison for allegedly poisoning his wife and drowning her in a toilet bowl.

The discovery that one of the prosecution’s expert witnesses lied under oath about his credentials is enough to undermine Douglas Plude’s first-degree murder conviction, the court said. Jurors might have doubted his guilt had they known the witness lied about being a professor at Temple University, it said...

Perhaps the state’s most important witness was Saami Shaibani, who described himself as an expert in “injury mechanism analysis” and a clinical associate professor at Temple University. He is not a medical doctor but told jurors that he taught physicians and surgeons about injury at Temple.

Shaibani testified that Genell Plude’s body could not have been found in the positions that her husband described and that her face could not have submerged in the toilet bowl without someone forcing it under the water. The testimony undercut Plude’s defense and strengthened the prosecution’s theory.

After he was convicted, Plude discovered that Shaibani had lied on the witness stand about his relationship with Temple and asked for a new trial.

In a seperate case, the same "expert" witness, Saami Shaibani:

Judge: Key prosecution witness perjured himself

quote:

After Michael Peterson's defense leveled a blistering assault on the credentials of a prosecution expert Friday, the judge ruled that the witness had lied on the stand and ordered his testimony struck from the record.

Jurors will not be allowed to consider the testimony of Saami Shaibani, who claimed to be affiliated with Temple University, after defense lawyer David Rudolf presented letters from Temple denying that Shaibani currently works there.

"Any claim by Mr. Shaibani that he is now a member of, or even affiliated with, the Temple University Department of Physics is fraudulent," read a Sept. 27, 2001, letter from Edward Gawlinski, chair of the Temple University physics department. "Furthermore, at least once a year I have to write this sort of letter when Mr. Shaibani again tries to establish his bona fides as an expert witness by claiming he is a member of the Physics Department."...

"Do you understand, sir, that when you get on a witness stand and swear to tell the truth that it is perjury to lie even about something like what your position is at a university?"

"I understand that, yes, sir," said Shaibani.

"You've committed perjury at numerous murder trials throughout this country, haven't you," said Rudolf.

"No, sir," denied a wide-eyed Shaibani.

Rudolf also asked Shaibani if he was aware that he was under investigation by the American Academy of Forensic Sciences. Mouth agape, Shaibani looked to the judge as if in disbelief...

Under North Carolina law, Shaibani could spend 10 to 20 months in jail if convicted of perjury, a class F felony.

10 to 20 months for perjury and sending innocent people to prison?

He should get 10 to 20 years in prison, at a minimum.

What if the man had gotten the death penalty instead of a life sentence? Would 10 to 20 months be sufficient punishment for the "expert" witness who lied under oath?

The minimum penalty for perjury in a death penalty case should be execution.

More information on the "expert" witness:
Expert's lies jeopardize murder convictions

quote:

Saami Shaibani often testified for the prosecution in big murder cases, taking the stand as an expert in what he called "injury mechanism analysis" - a combination of physics, trauma medicine and engineering that he used to determine whether, say, a woman fell down the stairs or was beaten.

But after years of helping lock up killers, Shaibani could be the one in trouble.

The physicist lied under oath about his credentials, and now some of the convictions he helped secure are in jeopardy. At least one has been overturned so far.

His testimony has come under attack in at least five cases from Washington, D.C., to South Dakota since Shaibani was caught lying when he claimed that he was a clinical associate professor at Temple University and that he taught doctors there about injuries.

"He's a fraud. Basically, he was trying to create himself as an expert so he could run around the country and testify in these cases," said Wisconsin lawyer Stephen Willett.

Citing Shaibani's misrepresentations, Willett persuaded the Wisconsin Supreme Court this month to overturn the conviction of a man serving life in prison for allegedly poisoning his wife and drowning her in a toilet. The court ordered a new trial...

quote:

Originally posted by Fightdirector:
More information on the "expert" witness:
Expert's lies jeopardize murder convictions

quote:

Saami Shaibani often testified for the prosecution in big murder cases, taking the stand as an expert in what he called "injury mechanism analysis" - a combination of physics, trauma medicine and engineering that he used to determine whether, say, a woman fell down the stairs or was beaten.

But after years of helping lock up killers, Shaibani could be the one in trouble.

The physicist lied under oath about his credentials, and now some of the convictions he helped secure are in jeopardy. At least one has been overturned so far.

His testimony has come under attack in at least five cases from Washington, D.C., to South Dakota since Shaibani was caught lying when he claimed that he was a clinical associate professor at Temple University and that he taught doctors there about injuries.

"He's a fraud. Basically, he was trying to create himself as an expert so he could run around the country and testify in these cases," said Wisconsin lawyer Stephen Willett.

Citing Shaibani's misrepresentations, Willett persuaded the Wisconsin Supreme Court this month to overturn the conviction of a man serving life in prison for allegedly poisoning his wife and drowning her in a toilet. The court ordered a new trial...

I'm thinking and thinking and thinking about your suggestion for the death penalty.

Naah, to hard, twenty years is enough...

Dave

I sense a few civil suits coming his way.

Well, the accused killer gets a new trial. Was the testimony the key to the conviction? Is the accused inocent? As the man's being retried, the DA seems to think otherwise. Let's see how trhis one works out. Siomeone stay on top of this and post as the new trial goes forward.

quote:

Originally posted by Grachus:

quote:

Originally posted by Fightdirector:
More information on the "expert" witness:
Expert's lies jeopardize murder convictions

quote:

Saami Shaibani often testified for the prosecution in big murder cases, taking the stand as an expert in what he called "injury mechanism analysis" - a combination of physics, trauma medicine and engineering that he used to determine whether, say, a woman fell down the stairs or was beaten.

But after years of helping lock up killers, Shaibani could be the one in trouble.

The physicist lied under oath about his credentials, and now some of the convictions he helped secure are in jeopardy. At least one has been overturned so far.

His testimony has come under attack in at least five cases from Washington, D.C., to South Dakota since Shaibani was caught lying when he claimed that he was a clinical associate professor at Temple University and that he taught doctors there about injuries.

"He's a fraud. Basically, he was trying to create himself as an expert so he could run around the country and testify in these cases," said Wisconsin lawyer Stephen Willett.

Citing Shaibani's misrepresentations, Willett persuaded the Wisconsin Supreme Court this month to overturn the conviction of a man serving life in prison for allegedly poisoning his wife and drowning her in a toilet. The court ordered a new trial...

I'm thinking and thinking and thinking about your suggestion for the death penalty.

Naah, to hard, twenty years is enough...

Dave

Death penalty is too hard, but twenty years, let along a spank on the wrist of twenty months, just isn't enough. He'll probably be in administrative segregation, to keep him alive.
The other convicts will put a death sentence on him, for what he did, if he is put in general population...
Nope, he should get thirty-five to life for what he did...
Respectfully, SUNLINER81

This happens more often than you think.

Frisco

Ok, so the "expert witness" lied! What about the prosecution? Prosecutorial malfeasance is out of control. Prosecutors take anything they can to convict the accused. They will cut deals with a drug dealing child molester to have them give "incriminating" testimony. Jail house snitches are famous for suddenly overhearing an individual give damming statements about a crime, or have had the individual "confess" to the snitch his guilt.

Horsepucky!! Unfortunately, a falsely convicted individual has little recourse against his prosecutors. Nor, in most cases, do they have any chance of being compensated for being dragged through the court, found guilty, and spend considerable time in prison. Prosecutors, and their staff, must be held accountable.

In this case, the prosecutor, or his staff, did a krappy job of vetting this dirt bag. They should have established his credentials before putting him on the witness stand.

Unfortunately, all the prosecution has to do is either say; Sorry about that Chief! Just carry on with your life!, or; We still think he is guilty and will prove that in his next trial!

quote:

Originally posted by FriscoLady01:
This happens more often than you think.

Frisco

Yes it does, this topic made me think of you and what you went through..

You never should have even seen the inside of a jail for one second.

quote:

Originally posted by cybercafe:
Maybe the expert witness lied under oath because the defendant's expert witness was better at his job than he was, and the expert witness lied in order to prevent the defendant's expert witness from competing for his job.

I don't know. I haven't even read the story, but I can't think of any other reason an expert witness would lie when a person's life and liberty is on the line. After all, if the expert witness liked his job, and earned enough money, he had to know that millions of other people want his spot, and he did what he did in order to keep his spot.

How many people would refuse to accept a job where all you have to do is show up for court, answer questions, and get paid $600 per hour?

Anybody with a job like this tht that pays $600-$1000 per hour has got to know millions of other people are after that same spot.

This is a fact of life that goes with any high paying, yet laid back job.

I don't know. I do know its wrong to lie when someone's life or liberty is at stake.

Cash.
Most of these expert witnesses are very well paid for their testimony. Don't deliver what your patron wants to hear, don't work again.

Some feel my position on punishing perjurers to be too harsh. How about this instead?

Anyone found committing perjury ("expert" witness, police officer, witness, etc.) would recieve the maximum punishment allowed for the crime that the defendant in the trial that they perjured themselves at would have recieved if convicted.

If someone commits purjury in a case where the maximum penalty is a fine of $1,000.00, the perjurer gets fined $1,000.00.

If someone commits purjury in a case where the maximum penalty is two years in jail, the perjurer gets two years in jail.

If someone commits purjury in a case where the maximum penalty is death, the perjurer gets the death penalty.

quote:

Originally posted by Fightdirector:
Some feel my position on punishing perjurers to be too harsh. How about this instead?

Anyone found committing perjury ("expert" witness, police officer, witness, etc.) would recieve the maximum punishment allowed for the crime that the defendant in the trial that they perjured themselves at would have recieved if convicted.

If someone commits purjury in a case where the maximum penalty is a fine of $1,000.00, the perjurer gets fined $1,000.00.

If someone commits purjury in a case where the maximum penalty is two years in jail, the perjurer gets two years in jail.

If someone commits purjury in a case where the maximum penalty is death, the perjurer gets the death penalty.

That is actually a good idea. I don't think that it would work mechanically, but it's a DAMN good idea. Maybe you should ask a lawyer? I'll sign a petition to get it passed.

Dave

quote:

Originally posted by Fightdirector:
State Supreme Court orders new trial after witness lied
[QUOTE]The Wisconsin Supreme Court ordered a new trial Tuesday for a man serving life in prison for allegedly poisoning his wife and drowning her in a toilet bowl.

The discovery that one of the prosecution’s expert witnesses lied under oath about his credentials is enough to undermine Douglas Plude’s first-degree murder conviction, the court said. Jurors might have doubted his guilt had they known the witness lied about being a professor at Temple University, it said...

Perhaps the state’s most important witness was Saami Shaibani, who described himself as an expert in “injury mechanism analysis” and a clinical associate professor at Temple University. He is not a medical doctor but told jurors that he taught physicians and surgeons about injury at Temple.

Shaibani testified that Genell Plude’s body could not have been found in the positions that her husband described and that her face could not have submerged in the toilet bowl without someone forcing it under the water. The testimony undercut Plude’s defense and strengthened the prosecution’s theory.

After he was convicted, Plude discovered that Shaibani had lied on the witness stand about his relationship with Temple and asked for a new trial.

In a seperate case, the same "expert" witness, Saami Shaibani:

Judge: Key prosecution witness perjured himself
[QUOTE]After Michael Peterson's defense leveled a blistering assault on the credentials of a prosecution expert Friday, the judge ruled that the witness had lied on the stand and ordered his testimony struck from the record.

Jurors will not be allowed to consider the testimony of Saami Shaibani, who claimed to be affiliated with Temple University, after defense lawyer David Rudolf presented letters from Temple denying that Shaibani currently works there.

"Any claim by Mr. Shaibani that he is now a member of, or even affiliated with, the Temple University Department of Physics is fraudulent," read a Sept. 27, 2001, letter from Edward Gawlinski, chair of the Temple University physics department. "Furthermore, at least once a year I have to write this sort of letter when Mr. Shaibani again tries to establish his bona fides as an expert witness by claiming he is a member of the Physics Department."...

"Do you understand, sir, that when you get on a witness stand and swear to tell the truth that it is perjury to lie even about something like what your position is at a university?"

"I understand that, yes, sir," said Shaibani.



Probably the forensic ewidence showed that Genell Plude(the wife) had tissues on her face from toilet waterand concluded that she was submurged into a toilet bowl.

Hardly to beliewe,she stuck her head by herself into the dirty toilet water in order to kill herself.

This is not a way for women to commit suicide.

Beside this the defenant will get anew trialand in case founf NOT guilty beyond reasonable doubt,he will receiwe a ompensation for the time spent in jail.

quote:

Originally posted by 17850093:
[QUOTE]Originally posted by Fightdirector:
State Supreme Court orders new trial after witness lied
[QUOTE]The Wisconsin Supreme Court ordered a new trial Tuesday for a man serving life in prison for allegedly poisoning his wife and drowning her in a toilet bowl.

The discovery that one of the prosecution’s expert witnesses lied under oath about his credentials is enough to undermine Douglas Plude’s first-degree murder conviction, the court said. Jurors might have doubted his guilt had they known the witness lied about being a professor at Temple University, it said...

Perhaps the state’s most important witness was Saami Shaibani, who described himself as an expert in “injury mechanism analysis” and a clinical associate professor at Temple University. He is not a medical doctor but told jurors that he taught physicians and surgeons about injury at Temple.

Shaibani testified that Genell Plude’s body could not have been found in the positions that her husband described and that her face could not have submerged in the toilet bowl without someone forcing it under the water. The testimony undercut Plude’s defense and strengthened the prosecution’s theory.

After he was convicted, Plude discovered that Shaibani had lied on the witness stand about his relationship with Temple and asked for a new trial.

In a seperate case, the same "expert" witness, Saami Shaibani:

Judge: Key prosecution witness perjured himself

quote:

After Michael Peterson's defense leveled a blistering assault on the credentials of a prosecution expert Friday, the judge ruled that the witness had lied on the stand and ordered his testimony struck from the record.

Jurors will not be allowed to consider the testimony of Saami Shaibani, who claimed to be affiliated with Temple University, after defense lawyer David Rudolf presented letters from Temple denying that Shaibani currently works there.

"Any claim by Mr. Shaibani that he is now a member of, or even affiliated with, the Temple University Department of Physics is fraudulent," read a Sept. 27, 2001, letter from Edward Gawlinski, chair of the Temple University physics department. "Furthermore, at least once a year I have to write this sort of letter when Mr. Shaibani again tries to establish his bona fides as an expert witness by claiming he is a member of the Physics Department."...

"Do you understand, sir, that when you get on a witness stand and swear to tell the truth that it is perjury to lie even about something like what your position is at a university?"

"I understand that, yes, sir," said Shaibani.



Probably the forensic ewidence showed that Genell Plude(the wife) had tissues on her face from toilet waterand concluded that she was submurged into a toilet bowl.

Hardly to beliewe,she stuck her head by herself into the dirty toilet water in order to kill herself.

This is not a way for women to commit suicide.

Beside this the defenant will get anew trialand in case founf NOT guilty beyond reasonable doubt,he will receiwe a ompensation for the time spent in jail.

I believe the defense claimed that she "fell" into the bowl AFTERwards. The expert witness saying that it couldn't have happened.

Perhaps I'm speculating?

Looks like an new career oportunity for me...

Dave