I have a felony DWI (habitual) jury trial coming up November 12th. The defense attorney has just given me notice of an expert named Jim Booker. Has anyone dealt with this expert before? I could use all the help I could get on this.
Call my secretary, Shirley Little, 817 884 1649 and she can email you some material on booker.
I have had the pleasure of cross-examining James Booker. I have a transcript that I got from Warren Diepraam in Harris County. (My case was not appealed, so we don't have a transcript.) Get his resume, cross him about his credentials (gee, how does working with microwave packaging materials and Kotex qualify you to be an expert in DWI cases?), his articles (none, except 1 are about DWI), he is a professional witness for the defense, and he'll offer his services as an expert on just about any subject. He's your typical jack-of-all-trades expert. If you let him run his mouth a little, the jury's eyes will glaze over. You have to be prepared for him, though. If you're not, he'll say some inaccurate things you might not catch. He has some ideas about absorption that most others would disagree with (like that alcohol could take as much as 4 hours to be absorbed), and he doesn't think people show signs of intoxication at .05, even though the AMA says they usually do.
Jane's got some great information on Booker - I had him on a DWI right a few months after her intox. manslaughter case. We collected about 10 or so transcripts from Tarrant County & Brazos County offices, so there's enough fodder to feast on.
Funny story on my cross of Booker - I was incredibly pumped up to cross this fellow (he's a quack scientist, but he is a nice guy). We had all our stuff ready, and when he took the stand, he testified for a grand total of 3 minutes - basically saying that the observation period of the BT should be a minimum of 15 minutes. So the Judge limited me to crossing on only the 15 minute waiting period - which was like kissing your sister after you look at all you have to cross this guy on!
Gee, I was under the impression that Jeremiah practiced in STATE court, not FEDERAL court, and we have wide open cross in state court.
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