More on hemming in horizontal gaze nystagmus testimony
Image from National Institute of Standards & Technology.
On March 3, I blogged about attacking horizontal gaze nystagmus testimony.
Thanks to JR for commenting to that blog entry with a link to Illinois v. McKown (IL, Feb. 19, 2010) which in part says:
"A properly trained police officer who performed the HGN field test in accordance with proper procedures may give expert testimony regarding the results of the test. We also agree with the trial court’s conclusion that a testifying officer may use the HGN test results as a part of the basis for his opinion that the defendant was under the influence and impaired."
McKown had so many experts on each side as to make one wonder whether the parties somehow expected that the case would generate important appellate caselaw. Among the experts testifying for the defense was ophthalmologist Joseph Citron, MD, JD. Dr. Citron apparently is certified in field sobriety tests and available to testify about FST’s beyond the horizontal gaze nystagmus. He is in Minnesota at 404-261-2911, 404-386-1100, or 404-784-5297. e-mail: JoeCitron@aol.com. Lawyer Darren Kavinoky lists him here.
McKown reversed and ordered a new trial, for the prosecution’s failure or inability to lay a proper foundation to admit horizontal gaze nystagmus testimony.