Evidence, Right to Present Defense, Psychological Expert in Sex Case

Criminal Law Update

People v Steele, 283 Mich App 472; 769 NW2d 256 (2009)(april'09).Defendant was rebuffed by the trial court when he tried to present Dr. Andrew Barclay who "would have testified that he tested defendant and that defendant did not fit the profile, or display the characteristics, of having a personality consistent with pedophilia or being a sexual predator."CitingPeople v Dobek,274 Mich App 58; 732 NW2d 546 (2007), where the court rejected the testimony of Dr. Barclay for lack of scientific reliability underDaubert, the court found that the same result is required here.