What George's defense has to do is prove that the shoes Angie says she bought for George
do not match the prints at the crime scenes.
The jury might believe Angie when she says she bought the specific shoe, size 10.5 or size 11, for George but the defense will say what George said in Montana, that he never saw them.
George's defense will want the jury to believe that not only did George never wear them, but the bloody prints do not even match those specific shoes.
The defense needs the judge to rule that the forensic shoe print evidence by this shoe print expert is inadmissible.
Because of George's serious shoe print problem his defense team has filed a
Daubert motion.
What Canepa said:
"The methodology used in both the ballistic and shoeprint analysis have both been deemed as reliable science by the Supreme Court in other cases." Angela Canepa also said "the shoe expert is world-renowned and cited in Supreme Court decisions."
Billy Wagner returns to court for a hearing in Pike County massacre case
A Daubert motion
is a specific type of
motion in limine raised before or during trial to exclude the testimony of an expert witness. Once a Daubert motion is filed, the party seeking to admit the testimony bears the burden of proof and must prove by a preponderance of the evidence that the expert possesses the requisite level of expertise and the testimony is based on reliable methodologies.
If the judge finds that an expert does not rise to the level of expertise required under Daubert, then that testimony will be excluded from being admitted at trial.
A Daubert motion should analyze how the expert reached their conclusions, what methodology was used, and what was lacking in that approach to result in an opinion contradictory your own. Of course, the specific weaknesses of an expert’s opinion can vary widely, but generally speaking, there are certain things that should be analyzed.
The Daubert Standard: A Guide To Motions, Hearings, and Rulings
What is a Daubert Hearing? - Office of Medical and Scientific Justice
Prior to the Daubert Hearing process, it was common for courts to allow “dueling” experts who would present their evidence or testimony and then the jury would decide the relevance or accuracy of the testimony. Perhaps the main advantage claimed for the Daubert Hearing is that it seems to have been effective at keeping what is called “junk science” out of the courtroom.