| POSSIBLE RESOURCE IF YOU ARE CHARGED WITH JUNK SCIENCE: |
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People v. Michael Fortin [PAS denied in New York]
New York Law Journal, March 27, 2000
"In examining this testimony, the Court is not only guided by the opinion in Frye, supra, but also by the more recent case of People v. Wesley, supra. In that case, the Court of Appeals examined the admissibility of DNA evidence. In her opinion, Chief Justice Kaye noted (at pg. 437, note 4) that it is not for a court to take pioneering risks on promising new scientific techniques, because premature admission both prejudices litigants and short-circuits debate necessary to determine the accuracy of a technique.'"
"Based upon the testimony at the hearing, this Court finds that the defendant has not established general acceptance of Parental Alienation Syndrome within the professional community which would provide a foundation for its admission at trial."
Source:
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by Trish Wilson
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