Good to be back in the Patrick Fitzgerald business:
No memory expert for Libby trial
Judge called proposed key witness a 'waste of time'A key defense witness – a proposed memory expert – in the CIA/Leak trial of I Lewis "Scooter" Libby, the former top aide to Vice President Cheney, will not be allowed to testify at the upcoming trial.
Judge Reggie Walton, in an opinion Thursday, wrote the testimony of memory export, Dr. Robert Bjork, chairman UCLA's psychology department, would be a "waste of time," and could mislead and confuse a jury.
Libby's attorneys had argued many potential jurors do not understand the limits of memory and Libby should be allowed to call an expert to make that clear to them.
Judge Walton disagreed, and wrote in his opinion, "the average juror may not understand the scientific basis and labels attached to causes for memory error" but jurors encounter the "frailties of memory" as a "commonplace matter of course" and do not need the guidance of a memory expert to use their "common sense" in the understanding of how memory works.
Nice work, Pat.
It sure will be good to be back writing about the CIA leak investigation. I remember the days when I would sit in a bubble bath with a hot new 30 page Fitzgerald filing and a highlighter 'til my toes would prune up. Traffic soared, and the only assholes we had to deal with were openly Republican.
It was heaven.