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(ii) The methodology used to understand the medical and mental health of the women involved in the specific case was not reliable. Cooper did not locate the medical records of the women and that Dr.
Cooper diagnosed the women based on telephone conversations that lasted 1 hour, which even Dr.
On March 16, 2010, the Court conducted a Daubert hearing on the motion. Cooper was not "the right expert to provide profiling testimony on pimps and sex trafficking organizations". Lois Lee, a government witness, on the of pimps and on the pimp-prostitute relationship." The appellant objected to Dr. Lois Lee, the government's expert witness, testified on the of pimps and on the nature of the relationship between pimps and prostitutes. Lee testified: 1) "Sophisticated pimps usually travel in an intercity circuit with a group of ten to forty girls working for them" 2) "Recruits are usually vulnerable young women, often runaways who have been abused or neglected by their families" 3) "[A] pimp will encourage his prostitutes to compete for his affection by earning money, and will beat his prostitutes if they fail to adhere to his rules" 4) "Prostitutes are often so financially and psychologically dependent on their pimps that they are unable to leave even when they are beaten" 5) "Pimps usually spend the money earned by their prostitutes on drugs, clothes, and jewelry, since the ability to support a "flashy" lifestyle is a source of status in their subculture" 6) "On several ways in which the pimp-prostitute relationship ends-the prostitute becomes pregnant, goes on welfare, turns to more serious kinds of crime, commits suicide, or dies at the hands of a customer" A. Lee’s expert testimony was not relevant in the case and, therefore, should not have been admitted.
Cooper did not elicit information from the women about what happened to them or their victimization, nor about their willingness to become a prostitute or desire to leave. Cooper’s opinion about the specific women in the case: Two weeks before trial the Government disclosed an incomplete report form Dr.
Cooper regarding her conversations with the women in the case and providing her diagnosis of 5 of 10 of the women. Cooper testified that her methodologies in developing her expertise were based on her medical practice, including personal interviews, reviewing the work of other researchers, clinical case analyses and investigative intelligence from law enforcement professionals, which include under-cover officers. Cooper’s testimony was relevant but only with respect to evidence about how pimps use fraud, force or coercion over their victims.
Cooper admitted was unusual absent a pre-existing doctor/patient relationship.
For example, during the course of one of the 1-hour conversation, Dr.
Given the general ignorance and misperceptions about prostitution and the pimp-prostitute relationship, there is potential for social science (through expert testimony) to illuminate relevant aspects of such a relationship. (1) Testimony regarding societal and criminal justice implications of prostitution was considered irrelevant and therefore inadmissible. Cooper’s testimony would have spoken to the social costs of commercial sexual exploitation, including the multiple arrests, homelessness and transient lifestyle associated with trafficking; women who are trafficked receive inadequate health care and are at a higher risk for certain medical conditions.
And while the Court has rarely allowed expert testimony to establish adjudicative facts about prostitutes and pimps, the Court has been amenable to allowing social framework testimony on the relationship between pimp and prostitute. The court found that this evidence was not probative as to whether the defendants engaged in the criminal conspiracy to traffic women; it would not aid the jury in assessing whether the crime was committed.
The Government also sought to introduce evidence regarding one witness Dr. The court held that this would prevent defense counsel from investigating the reasoning and information in the opinion and was therefore inadmissible, contrary to the Federal Rules of Criminal Procedure. Testimony regarding the effects of prostitution rings on society at large or discussion about the violence used by pimps was irrelevant. 1988) Appellant Eddie Lee Anderson (aka "Fast Eddie") was convicted of a total of 19 violations of the Mann Act, for interstate transportation of females for prostitution and interstate transportation of minors for prostitution.
(US District Crt, Hawaii, 2010) Defendant filed a motion to preclude the testimony of Dr. Part of what the government needed to prove is that the victims prostituted themselves on behalf of the Defendant as their pimp because of force, fraud and coercion. Cooper to testify about (1) the typical means of targeting and recruiting prostitutes (2) information about the ways that pediatric development, family dysfunction, and the use of drugs can make adult and adolescent minor victims more susceptible to influence by sex traffickers, and (3) common ways that sex traffickers use force and coercion to maintain control over the victims' actions and to prevent them from leaving the relationship. Cooper has been qualified as an expert in court more than 300 times, qualified as an expert in federal courts fifteen to twenty times, and twice qualified in federal court as an expert regarding pimp-prostitute relationship dynamic. The court would allow testimony that would assist the jury in assessing the credibility of the prostitutes, in understanding the circumstances that make certain persons susceptible to prostitution, the reasons to stay with a pimp even when beaten and why victims may minimize the culpability of pimps. Cooper’s testimony, "jurors might presume that the victims did not want to escape from Defendant's alleged operation because they failed to run away on the occasions when they were beyond his physical grasp." , 851 F.2d 384 (US Court of Appeals, D. One of the issues in Anderson's appeal was whether it was "reversible error for the district court to admit the ‘expert’ testimony of Dr.
(ii) Fit - the testimony was relevant and would assist the trier of fact Dr.
Cooper would be providing information on the dynamics of the typical pimp-prostitute relationship, the methods of grooming prostitutes and the deterrents to escaping. Cooper would also testify about syndromes related to young women in prostitution, specifically commercial sexual exploitation of children and youth syndrome "CSECY".
The court wrote that "While such testimony is well suited for congressional hearings on appropriate penalties, it would not aid a juror in assessing whether a crime was committed." (2) Testimony regarding the medical and mental health aspects of prostitution generally was admissible.Tags: Adult Dating, affair dating, sex dating