This Team of Experts Can Be the Difference Between Freedom and Life Behind Bars for the Accused
Dr. Burton Bentley of Elite Medical Experts discusses access to medical experts at trial, the "battle of the experts," and an Ohio murder case in which he says pills found in the victim's stomach were never addressed.
About This Episode
In a nation where up to 10% of incarcerated people may be wrongfully convicted, how do you determine who’s innocent and who’s guilty? Dr. Burton Bentley is an emergency medicine physician who helmed a company called Elite Medical Experts. Its mission is to provide expert medical opinions in complex litigation in the hopes of avoiding such miscarriages of justice.
This fascinating installment of Open Mike examines the nuanced, sometimes convoluted systems that necessitate third-party intervention in order to provide a fair verdict. Casting a spotlight on a captivating discussion between a brilliant legal mind and a brilliant medical mind, this episode is truly a must-listen!
Show Notes
- Introducing today’s guest, Dr. Burton Bentley
- Dr. Bentley, you’re at the University of Arizona right now, is that true?
- What possessed you to help innocent people get out of prison?
- Dr. Bentley’s background
- Your company has helped provide experts for indigent defendants, correct?
- Can you provide an example of stepping into a case where a defendant didn’t have an expert and you were able to have someone step in and lighten the jury to good effect?
- So, this is a man who’s already convicted, probably life imprisonment, or a lengthy sentence?
- I assume his attorneys in Ohio will be filing a motion to relief from judgment, using your affidavit you were able to procure from a forensic pathologist to show there’s no evidence, asking the judge for a new trial?
- The expert witnesses are so important — in Michigan, the Supreme Court recently passed a law stating these types of criminal cases, if the prosecution is bringing expert witnesses against the defendant, the defense must provide expert witness testimony.
- How crazy is it to hear that defense attorneys try to defend someone without an expert? What’s your take on that?
- The presumption in child abuse is that it’s inflicted, because the child couldn’t have inflicted it on themselves, and by the time it reaches a legal construct, it’s because someone has informed Child Protective Services or law enforcement
- The jury has to hear the other side, even in exceptional circumstances, so they can determine who is telling the truth
- Dr. Bentley provides an example of a baby with multiple, sustained head injuries; the assumption is child abuse, but the family has video evidence of the baby constantly hitting their head against their crib
- How does a juror determine which expert is telling the truth?
- One of the telltale signs of legitimacy is if an expert is making a living off their expertise, if they’re an “advertising expert”
- Experts are being paid thousands of dollars to provide expert testimony! Leaving aside the money, how do you tell who’s telling the truth?
- A lot of credibility goes to the character of the expert or physician and how “likeable” they are
- You have knowledge about a specific type of expert, a child abuse pediatric expert, can you explain what those credentials are?
- How does that expert have time to treat patients as well? What kind of background does a child pediatric expert have?
- Recent studies show at least 10% of people in prison could be innocent
- Thanks for watching and listening to this episode of Open Mike!
FAQs
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What does Elite Medical Experts do?
Dr. Bentley says the company consults “anywhere at the intersection of medicine and law,” work that grew out of his own medical-legal consulting and into aligning other experts. When Mike Morse asked whether the company has provided experts for indigent defendants, he said that is one of the things it does.
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Why is it a problem when a defense doesn't have an expert witness at trial?
Dr. Bentley says that if the opposing side brings even one expert, let alone several, and you have none, then before the facts are even considered there is an appearance of imbalance in the showmanship of trial, so “you’ve already got one strike against you.” He says this is particularly common in child abuse cases, and notes that “battle of the experts” is an expression attorneys use routinely.
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What is a child abuse pediatrician and why does that specialty matter in court?
Dr. Bentley explains that child abuse pediatrics is a sub-specialty of pediatrics whose physicians are trained in recognizing and dealing with patterns of injury, and they must at least be board-certified pediatricians. Because someone who devotes their life to this specialty is by definition an advocate for children, he says getting one of them to tell a jury an injury isn’t abuse is “one of the most powerful things you can do.”
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Why does Elite Medical Experts avoid using 'hired gun' experts?
Dr. Bentley says some doctors earn a major part or all of their income from testifying, and that “doesn’t work in the medical field” because physicians and surgeons need to be practicing. Someone just selling testimony is what he calls a paid expert or “hired gun,” which he says “always ends up in the crossfire” in court and “just takes the expert out.” His company’s experts are board certified and in full-time practice.
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What example did Dr. Bentley give about a baby with suspicious bruising?
He described a recent case in which a baby’s pattern of head bruising and swelling looked at first glance like child abuse. The family said the baby frequently banged its head on the crib, and their baby cameras had recorded it doing so. Dr. Bentley says his thinking turned about 180 degrees, though the team still had to go through all the evidence, since some bruises might not be explained by the video.
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