Wednesday, December 28, 2005

Expert Perjury Watch (California Edition)

The Medical Board of California is investigating whether Dr. Don J. Schiller, an expert witness the Board has used in disciplinary proceedings, has lied under oath about his qualifications. From the San Diego Union-Tribune story:
In an interview Schiller said that when he testifies as an expert witness he says he was certified by the American Board of Surgery in 1977. But he doesn't volunteer that he has not renewed the certification.

"If I am ever asked if I was re-certified I say 'no,'" Schiller said.

And that's how he testified Sept. 23 in the San Diego case:

"Are you board certified, sir?" deputy attorney general Matyszewski asked, according to a transcript of the hearing.

"I was certified by the American Board of Surgery in 1977," Schiller responded before Matyszewski moved on to other questions about his professional background.

posted by pn at 3:55 PM  

2 Comments:

Chris Laurel writes ...

This post has been removed by a blog administrator.

2:18 AM  
pn writes ...

The minimal conditions, if you don't want your comment deleted: Be civil and be germane. This comment excelled in civility but flunked the germaneness test.

12:46 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.