Defense lawyers for an indicted FBI agent are questioning expert testimony related to a shooting at the Malheur National Wildlife Refuge, after it had been occupied, reports the Oregonian. FBI agent W. Joseph Astarita has been indicted for allegedly lying about firing two shots at Robert “LaVoy” Finicum on January 26, 2016. Finicum later died as he was shot by other officers. Astarita claims that he never fired the shots. Police investigators assert that only he could have fired the two shots, based on sound analysis and computer modeling. Defense lawyers counter that there is no definitive physical evidence proving that Astarita fired the shots.
Defense lawyers also contend that video footage is too unclear to make a determination about the origin of these particular shots. They also argue that particular experts in the case are not qualified to handle investigations involving firearms. It is also contended that the truck in question changed positions by the time experts came to investigate the trajectory of the bullets.
Specifically, the defense team is attempting to exclude the models which indicate their theory of how the shooting took place. If holes can be punched in the physics underlying the theory of what took place, then the officer as a better chance of being acquitted of the charges. These charges could certainly run the career of this FBI agent. There is no doubt he understands the stakes, and his defense team does as well.
One of the important aspects of criminal defense is the ability to raise doubt about expert testimony, since many prosecutions rely on expert testimony as a crucial part of their case. If you’re in need of criminal defense, you can count on a vigorous challenge to what the prosecutor is presenting from criminal defense attorney Ed Kroll. There is no need to simply give up if you are accused of a crime. Call today for a free consultation.