The Prosecution Presents a Commanding Expert Witness in State v. Chauvin

Today, the prosecution in the Derek Chauvin murder trial welcomed onto the stand a nearly perfect expert witness. Dr. Martin Tobin, a pulmonologist and critical care doctor, testified. He met all of the criteria, and then some, of what jurors have described to me in post-trial interviews as the ideal expert witness: Down to earth, knowledgeable, reasonable, and trustworthy in his presentation and explanation of the evidence. By contrast, jurors perceive an expert witness unfavorably if the expert presents personality traits of seeming pompous, overbearing, and an arrogant (I am the smartest person in the room) know-it-all.

From first impression to the conclusion of his testimony, Dr. Tobin proved to be a credible, competent, and likeable expert, all characteristics that jurors define of a commanding expert witness.

Dr. Tobin’s power as an expert was displayed in his ability to simply articulate his medical knowledge. Working in conjunction with compelling visual aids, he defined and explained the cause of death to George Floyd due to the physical actions of the defendant, Derek Chauvin. Accompanying his succinct articulation with demonstrative gestures, such as pressing his hand against the back of his neck, or loosening his necktie to hold onto and emphasize the strength of the Adam’s Apple and surrounding cartilage, a listener could not help but mirror his illustrative hand movements. He spoke with precision, perhaps aware that his mild Irish accent might be a hindrance to the listener. It was not. Nevertheless, the defense attorney noted at one point that he needed clarification of a word or two. 

With certain physiology that he needed to communicate to the jury, Dr. Tobin effectively utilized analogies: The “Bucket Handle Action” and the “Pump Handle Action.” With Dr. Tobin physically demonstrating the movement of each action, the listener could not help but feel engaged in learning more about the human body’s reaction to the alleged force.

During both direct and cross examination, Dr. Tobin regularly gave the jury eye contact when he articulated certain details. To a jury, confidence means accuracy, and he showed confidence in his research and conclusions. That shows the experience of a credible teacher.  It also speaks volumes that his work is world-renowned.

It was honorable that he charged no fee for his testimony today. He explained that he sought no pay for his testimony, a typical charge of $500 an hour, because this was his first time testifying in a criminal trial. In post-trial interviews, the expert’s fees can often become the identifier of the expert. “Oh, was that the $7,000 guy?” a juror might ask when interviewed after the verdict. Jurors may very well remember Dr. Tobin in deliberations, among many other things, as the expert who testified for no pay because his belief in the prosecution’s case outweighed any remuneration.

His inexperience at testifying only revealed itself when he identified an exhibit and then began an explanation of it before it was properly entered into evidence. No matter, he sheepishly apologized each time for his faux pas. 

During cross examination, Dr. Tobin held his ground. His mild manner and pace of response never changed. He never became agitated, testy, or distractingly argumentative. When he refused to be boxed in, and when defense counsel inferred an incorrect assessment, he maintained the core ground gained during direct examination. He politely disagreed with opposing counsel and provided explanation where needed. He remained unfazed and not intimidated by the cross-examination process, an understated power in the courtroom.

From the first impression to the conclusion of his testimony, Dr. Tobin proved his ability to convey complex medical theories in a thorough and concise manner. He effectively held the attention of lay persons without talking down to his audience.  He persuasively presented compelling testimony, thereby bolstering the prosecution’s theme of the case. Only after the verdict is announced will the world know how and what the jury accepted of Dr. Tobin’s testimony.

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P.S. All potential expert witnesses should study Dr. Tobin’s testifying style before entering a courtroom.

c2021

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