Diagnosis of Physical Abuse
by: Abassos • February 9, 2012 • no comments
The Oregon Supreme Court has agreed to hear a challenge to scientific evidence brought by Bronson James in State v. Sanchez-Alfonso. The case involves allegations of intentional physical child abuse. The state's medical expert testified:
[Defendant] clearly caused [C's] injuries which caused his hospitalization. . . I do not believe this is the whole story. . . [C] was physically abused by [defendant]. This medical diagnosis is based on [C's] physical exam on Friday May 13, accompanied by review of statements made by [defendant].
The case presents multiple issues. First, is a diagnosis of intentional physical abuse, wherein the diagnosis is that the abuse was perpetrated by a specific individual, admissible scientific evidence under Brown and O'Key? If such a diagnosis is improper, a second question is presented. In a diagnosis where a specific individual is "diagnosed" as the perpetrator, can that diagnosis be stricken, or "blue lined" out by a reviewing court, rendering the remainder scientifically admissible? Finally, can a diagnosis of intentional abuse perpetrated by a specific actor ever be deemed "harmless" error?
The Court of Appeals opinion, from which review was sought can be found here. The petition for review will be up on the resources section of www.jdlattorneys.com soon. Oral argument is expected in June.
