Trials of a Forensic Psychologist: A Casebook

Five of Waneta Hoyt's six children were presumed to have died of sudden infant death syndrome (SIDS) when they were between 6 and 28 months old. This pattern was believed to be a medical anomaly until the early 1990s, when a New York State prosecutor came across a journal report, written 20 years prior, that described the deaths. When the prosecutor became convinced that Hoyt's children were killed by one of their relatives, he alerted law enforcement officials who invited Ms. Hoyt to participate in a research project on SIDS. During the interview with police officers, Ms. Hoyt admitted killing her five children; she later recanted her confession. Her attorney retained forensic psychologist Charles Patrick Ewing to ascertain whether Ms. Hoyt had waived her Miranda rights and whether her confession was voluntary.

The Hoyt case is one of 10 high-profile trials described in Trials of a Forensic Psychologist: A Casebook. Ewing has been retained by prosecutors and defense attorneys to testify in more than 600 cases, but he testified as a defense expert in 9 of the 10 cases in this book. Professor Ewing teaches law at the State University of New York and has authored several books about forensic psychology, including expert witness testimony. He says that he wrote this book to share his experiences as an expert witness with students and colleagues.

Ewing includes an abundance of legal, psychological, and personal details about each case that make the book fascinating to read. The material is presented in a case-study format that includes the basic facts of the case; legal charges; prosecution and defense team strategies; matters pertaining to the mental health experts, including Ewing's role in the trial; and outcomes, including instances when the court found his testimony unpersuasive. One aspect of the book that may be appealing to forensic mental health practitioners is Ewing's critiques of how forensic evaluators are examined and cross-examined by attorneys. He bases his commentary on excerpts from trial transcripts. The cases selected by Ewing also illustrate important forensic concepts, including Miranda warnings and confessions, the insanity defense, amnesia and malingering, battered woman's syndrome, and child sexual-abuse allegations.

Mental health expert testimony, contends Ewing, can help attorneys explain the psychology of certain defendants. The author illustrates this concept in his discussion of the trial of Charline Brundidge who killed her chronically abusive husband while he was in bed and proffered a defense of battered woman's syndrome. Ewing says, “[T]he expert can explain to the jury, why, despite the fact that the batterer was not beating the woman at the moment of the killing the woman nevertheless feared that if she did not kill him, she would be killed or seriously injured” (pp 32–3). He also describes how the expert may be able to explain the reasonableness of the woman's fear.

The book's final chapter contains lessons Ewing has learned over three decades as an expert witness. Among other points, he says that, in many cases, expert witnesses have little influence on the jury. “My 30-plus years of forensic work, which includes the cases described in this book, has led me to suspect that often the influence of expert witnesses (myself included) is not as great as many people seem to think” (p 251). He reminds readers how difficult it can be for juries to appreciate the expert's testimony. The heinous facts of the case, he asserts, are often so “compellingly awful” that it is unlikely that any expert witness could sway a jury.

Overall, Trials of a Forensic Psychologist: A Casebook presents forensic material in an educational and engaging manner. The book will be of interest to individuals wanting to learn more about forensic mental health testimony, including psychiatry residents and students of mental health law. The trials described by Ewing highlight forensic concepts in a way that will stay with readers. Experienced forensic mental health professionals will also enjoy the text, which offers a seasoned practitioner's perspectives on the role of an expert witness. Ewing is a gifted storyteller, whose clear writing style makes the book very readable.

• American Academy of Psychiatry and the Law