Saipan, CNMI – On December 31, the Supreme Court reversed a trial court decision that excluded expert witness testimony in the case of Commonwealth v. Lisua. The case, involving criminal charges of sexual assault against a minor, has been remanded to continue with examination of the expert before trial.
The prosecution sought to admit the testimony of an expert on the behaviors of child victims of sexual abuse, including delayed reporting. The alleged victim waited two months before telling anyone about the assault, which the Commonwealth hoped to have its expert explain was not unusual. The trial court excluded the testimony without holding a full evidentiary hearing, citing concerns that the testimony might improperly influence the jury's evaluation of witness credibility. The Commonwealth claimed that the expert would only provide the jury with necessary background information about these types of crimes.
In its opinion, the Supreme Court held that the trial court prematurely denied the expert testimony without conducting the necessary analysis required by Rule 702 of the NMI Rules of Evidence. Rule 702 allows for experts to testify at trial if the court determines that the expert has reliable, specialized knowledge that will help the jury understand the evidence. The Court emphasized the importance of allowing the parties to present evidence and conducting a thorough inquiry into the testimony's relevance and reliability.
The full opinion can be read on the Law Revision Commission website: https://www.cnmilaw.org/pdf/supreme/2024-MP-11.pdf
2024-PR-026
FOR IMMEDIATE RELEASE
DECEMBER 31, 2024
This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov
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