FROM CRASH TO

Document Sample
FROM CRASH TO Powered By Docstoc
					                                    INTRODUCING A                                                                                            588 SA C O RO A D
                                                                                                                                             STANDISH, ME 04084
                                                                                                                                                                                                                                                        PRSRT STD
                                                                                                                                                                                                                                                        U.S. Postage
                                                                                                                                                                                                                                                          PAID
                                                                                                                                                                                                                                                        Standish, ME



                                     NEW AUTOMOTIVE                                                             W W W.TOWERPUB. O M
                                                                                                                               C
                                                                                                                                                                                                                                                        Permit No.7

                                                                                                                                                                                                                                                                        NEWTON'S FIRST LAW – an object
                                                                                                                                                                                                                                                                        in motion maintains its state of motion (speed
                                     RECONSTRUCTION                                                             C ALL US TOLL FREE:                                                                                                                                     and direction) unless an external force causes
                                                                                                                (800) 969-8693
                                                                                                                                                                                                                                                                        the motion to change; sometimes referred to as
                                     RESOURCE                                                                                                                                                                                                                           the Law of Inertia.
                                      WITHOUT PEER.
                                                                                                             FROM CRASH TO COURTROOM                                                         The book’s layout adds to its value to the practicing attorney. Each
   “Only someone with Professor Kwasnoski's background – 30 years of teaching physics in classrooms,         Book Review by: Robert C. Gottlieb, Esq.                                        section is highlighted by a framed “issue” that asks the most frequently
   20 years of testifying as an expert collision reconstructionist in state and federal courtrooms, and 10                                                                                   asked questions that lawyers have after receiving an expert’s report.
                                                                                                             John Kwasnoski’s, From Crash to Courtroom: Collision Reconstruction for         Kwasnoski has the masterful ability to anticipate the most frequently
   years as one of the country's premier instructors at training conferences across the U.S. –               Lawyers and Law Enforcement, is one resource that every attorney who            asked questions and the expertise and knowledge to provide clear and
   could produce such a powerful and relevant book.”                                                         deals with motor vehicle accidents must have in his/her library.                comprehensive answers. His book goes beyond the typical forensic
                                                                                                             Whether practicing civil or criminal law, Kwasnoski addresses and               resource treatise in that the author not only analyzes the important
                                                                                                             answers the most frequently asked questions that attorneys have                 issues but provides samples of both direct and cross examinations of an
                          Gerald N. Partridge, Esq., Executive Director, Police Legal Sciences               after receiving an accident reconstruction expert’s report. His book is
                          Retired Prosecuting Attorney                                                                                                                                       expert that will become part of every attorney’s trial notebook. I have
                                                                                                             written in plain english and speaks to the lawyer in a conversation-            used John Kwasnoski as an expert in criminal cases in the past. His new
                          Adjunct Instructor, National College of District Attorneys                         al tone unlike the typical forensic textbook.                                   book is as thorough, organized and persuasive as were his appearances
                                                                                                                                                                                             before the jury.
                                                                                                             Kwasnoski’s book reflects a clear understanding of a lawyer’s need to not
                                                                                                             be at the mercy of either his own or the other side’s expert.




TABLE OF CONTENTS
 PREFACE
 CHAPTER 1: THE INVESTIGATION
                                                         CHAPTER 5: SPEED FROM YAW MARKS
                                                         CHAPTER 6: SPEED FROM AN
                                                                                                             About the Author....
                                                                                                             John Kwasnoski, author of From Crash to Courtroom: Collision
                                                                                                                                                                                             A certified police trainer in more than
                                                                                                                                                                                             twenty states, Professor Kwasnoski has also
                                                                                                                                                                                             co-written three best-selling books:
                                                                                                                                                                                             Investigation and Prosecution of DWI and
                                                                                                                                                                                                                                                                                              FROM CRASH T O
                                                                                                             Reconstruction for Lawyers and Law Enforcement is Professor Emeritus of         Vehicular Homicide, The Officer’s DUI
 OR COLLISION RECONSTRUCTION                             AIRBORNE MOTION                                     Forensic Physics at Western New England College, after serving thirty-one       Manual, and Courtroom Survival. More
 REPORT                                                                                                      years as a distinguished member of the faculty. Arguably the leading            recently, he authored the American
                                                         CHAPTER 7: MOMENTUM AND                             national expert in crash reconstruction, Professor Kwasnoski has                Prosecutors Research Institute manual Crash                                                        C OLLISION RECONSTRUCTION FOR
                                                                                                             participated in such landmark cases as South Carolina v. Susan Smith,           Reconstruction Basics for Prosecutors, the first
 CHAPTER 2: THE INVESTIGATION                            OTHER TOPICS                                        in which a mother was convicted of double murder for the automobile             generally available manual for prosecutors                                                         LAWYERS A N D LA W ENFORCEMENT
                                                                                                                                                                                             on the basic science of crash reconstruction.
                                                                                                             drowning of her two children, and United States v. Makharadze, in which a
 CHAPTER 3: DRAG FACTOR                                  CHAPTER 8: EXPERT DISCOVERY                         Russian Embassy aide was charged with, and subsequently pled guilty to,                                                                                                               A NE W B O O K   BY   JO H N B. KWASNOSKI
                                                                                                                                                                                             Additionally, Professor Kwasnoski is the
                                                                                                             vehicular homicide in Washington, DC. In Ulm v. Ford Motor Company,             founder of CRASH! The Science of Collisions, an educational program
 CHAPTER 4: SPEED FROM SKID                              APPENDICES                                          in which the plaintiff was awarded $1.25 million as a result of suffering a     devoted to reducing teenage driving fatalities and improving math and
 MARK EVIDENCE                                                                                               crash related spinal cord injury caused by an axle failure, Kwasnoski was the   science learning. Using actual police files, specialized laboratory
                                                                                                             reconstructionist for the plaintiff. In all, Professor Kwasnoski has            equipment, computer software and videotapes, the program is an effective
                                                                                                             reconstructed over 750 crashes, including single and multiple                   educational resource that stresses the importance of responsible driving
                                                                                                                                                                                             while demonstrating to the students the real-world applicability of math
                                                                                                             vehicle, pedestrian, train and motorcycle crashes.                              and the sciences.
TESTIMONIALS:                                                                                                                                                   DEPOSITION CHECKLIST                                                                                                                                 SAMPLE PAGES
From Crash to Courtroom: Collision Reconstruction for Lawyers and Law           Any trial lawyer, whether involved in a civil or a criminal case involving
Enforcement is an excellent work. Every prosecuting attorney should             accident reconstruction, must have John Kwasnoski's book in their ref-           These areas of inquiry are suggested as a starting point for the attorney in preparing for the deposition of an expert, or in anticipation of
have this on his shelf, just to make sure the police reconstructionist has      erence library of authoritative sources. This text sets out a guide for an       speaking with an expert in a less formal manner.
everything in order, OR to see if the defense’s “hired gun” is actually         attorney to take a step-by-step approach to vehicle accident reconstruc-
obeying the laws of physics! Your comments about the misuse of the              tion, investigation and evidence from the earliest moments of a case
predictor program (SMAC) and the various animation programs are                 through the trial. This book provides such tremendously valuable infor-
quite to the point and timely. It is very easy for one to create a cartoon,     mation and an opportunity for a lawyer to understand the complex                      o When did the expert get involved in the case?
rather than a true representation of what happened in the crash.                principles of accident reconstruction that may very well win the case.
                                                                                                                                                                      o Did the expert inspect the vehicles, take photographs, take video?
Unfortunately, I have seen the various SMAC programs used improper-
ly more often than not. In essence, you are telling the reader that the         Mr. Kwasnoski's text will also allow the attorney to prepare the infor-               o Did the expert visit the scene, when, for how long, with whom?
solutions must be checked (sensitivity) and verified with physical evi-         mation needed from his or her expert together with preparing lines of
dence. The evidence must be properly obtained, and the proper physics           cross examination for the opponent's expert witnesses.                                o What factual information will the other expert accept in the case?
must be used to analyze it. An excellent reference for the attorney.
                                                                                The checklists which John has designed and included after each section                o What activities did the expert undertake prior to reaching his/her conclusions or opinions?
          John Daily, President                                                 are a wonderful addition to the text to make sure that nothing is missed
          Jackson Hole Scientific Investigations, Inc.                          from the beginning of the case through the presentation of all testimony.             o Areas of agreement between the two experts, and the areas of specific disagreement.
          Retired Wyoming Highway Patrol Sheriff,
          Reconstructionist and nationally known author                         I have had the opportunity to work on many cases with John                            o Tests, measurements, etc. that the other expert has done that bring new information to the case-
                                                                                Kwasnoski, both as a prosecutor and as a plaintiff's attorney. I know of                information the attorney’s expert does not otherwise have.
From Crash to Courtroom: Collision Reconstruction for Lawyers and Law           no one who has more expertise and ability to present theory and practi-
                                                                                cal application of accident reconstruction principles so that it is com-              o Literature or treatises that the other expert used in arriving at his/her opinions, or which he/she
Enforcement by John B. Kwasnoski is an important and long overdue
book. It is designed to promote and protect the integrity of reality-based      pletely understandable to the layman.                                                   relied upon. Get copies of the articles, journals, etc., not just the pages the expert claims to have the
advocacy in traffic collision cases. It will serve the trial lawyer as both a                                                                                           specific information he/she used. The other pages of the article may show that the information
sword and a shield–providing the tools needed for dismantling the                         James E. Reid, Esq. Managing Partner,
                                                                                                                                                                        should not be applied to this type of vehicle, under the conditions of this collision.
incompetent or unscrupulous collision reconstructionist; and supplying                    Greene & Reid, LLP
the road map for building a case on a sound foundation of “cause and                                                                                                  o Working notes, calculations, computer printouts, etc. that depict the details of the reconstruction
effect.”                                                                                                                                                                process used by the other expert.
                                                                                Before presenting scientific evidence to a judge or jury, it is essential for
From Crash to Courtroom is the most user-friendly reference on a tech-          prosecutors to have a solid understanding of the theory behind that sci-              o With regard to computer printouts, be sure the expert provides every page of the printout for the
nical subject I have ever seen. Through case examples, photographs, and         ence. The conundrum: many lawyers don't know a thing about science
illustrations Professor Kwasnoski shows in a simple, direct and concise         and scientists often have difficulty explaining it in layman’s term. John               particular software as there may be valuable information on what input values were used in the
manner how science is properly applied to the physical facts of a colli-        Kwasnoski, however, has that rare gift of turning science into simplicity.              calculations.
sion. Each chapter includes a primer on the vocabulary and basic con-
cepts of collision reconstruction. The unsupportable presumption, the           Thanks to this book, the science of crash reconstruction finally makes                o Ask how to get a copy of the User’s Manual for any computer software. The attorney’s own expert                                             ORDER FORM                                        o YES! Please send me From Crash to Courtroom at just $125.           00
                                                                                                                                                                                                                                                                                                                                                                                                                                               (Canada $155.00) per
misapplied scientific concept and the tactical omission of a key fact           sense and the prosecutor or law enforcement officer who reads and relies                will want to have this document as part of preparation for cross examination of the expert.                                                                                                   copy to examine for 30 day risk-free trial examination. If satisfied, I will honor your invoice.
upon which unfounded opinions rely all become self-evident.                     upon it will surely be more effective in not only explaining crash recon-
                                                                                                                                                                      o Get the expert to specify any assumptions that were used in the calculations, and what was the basis
                                                                                                                                                                                                                                                                                                                     FR O M C RASH T O                                If not, I will mark "cancel" on the invoice, return it with the book, and owe nothing. FREE
                                                                                struction evidence in court, but also assuring its reliability before even
Only someone with Professor Kwasnoski’s background–30 years of
teaching physics in classrooms, 20 years of testifying as an expert colli-
                                                                                entering the courtroom.                                                                 for those assumptions such as literature, personal experience, or generally accepted information in                                            CO U R T R O O M                               shipping and handling when you enclose payment with order! (Save $7.00)

                                                                                                                                                                        the field.
sion reconstructionist in state and federal courtrooms, and 10 years as                   Kim Fogarty                                                                                                                                                                                                                                            TO   O R D E R T O D A Y , CALL                1-800-969-8693
one of the country's premier instructors at training conferences across                   Traffic Safety Resource Prosecutor                                                                                                                                                                                                                                                                                     Ship To:
                                                                                                                                                                      o Areas of testimony that the other expert does not intend to visit, or in which he/she will admit to                                                                               o Check enclosed
the U.S.–could produce such a powerful and relevant book.                                 Massachusetts District Attorneys Association                                  not having expertise.                                                                                                                       Quantity:                                   payable to Tower Publishing.
While lawyers (and their experts) who choose to advocate case theories                    Author of Massachusetts Prosecutors OUI Manual
                                                                                                                                                                                                                                                                                                                                                                                                                Company Name:
that conflict with science and physical facts may not need this book,                                                                                                 o Establish a basis for anticipated cross examination and/or impeachment of the other expert at trial.                                        Order Total: $
they had better hope their adversaries don’t have it.
                                                                                                                                                                                                                                                                                                                                                         o Charge my credit card (Check One):
                                                                                                                                                                                                                                                                                                                                                                                                                Contact:
                                                                                John once again is able to take even the most difficult aspects of colli-             o Get the expert on the record regarding what was not done. The attorney’s own expert may make                                                Shipping                              o           o             o          o
          Gerald N. Partridge, Esq.                                             sion reconstruction and put it into meaningful prose. What a phenom-                    suggestions in this regard.
          Retired Prosecuting Attorney, Adjunct Instructor at the
                                                                                                                                                                                                                                                                                                                    & Handling: $                                                                               Address:
                                                                                enal book! Combined with real world examples that show actual mis-                                                                                                                                                                  $7.00 per Product in U.S.
          National College of District Attorneys, Executive Director,           takes, and explanations of how and why the mistakes occurred, make                    o Follow-up after the deposition. Get the documents the expert has agreed to provide, copies of                                               $15 per Product to Canada
          Police Legal Sciences, Inc.                                                                                                                                                                                                                                                                                                                    Card No.
                                                                                this text a must have for every police reconstructionist and prosecutor.                photographs mentioned in the deposition, and any other information asked for and agreed upon by
                                                                                                                                                                        the expert.                                                                                                                                 Sales Tax: $                         Exp:                VER#                               City:                            State:   Zip:
                                                                                          Sgt. Joseph E. Stephenson                                                                                                                                                                                                 ME residents add 5% sales tax:
Mr. Kwasnoski is adept at identifying the practical aspects of accident                   Accredited Reconstruction Specialist                                                                                                                                                                                                                                                                                  Phone:
reconstruction and the necessary leg work to build a strong case in                       Biddeford, Maine Police Department
court. He was able to explain the mechanics of the accident reconstruc-                                                                                                                                                                                                                                             Total: $                             Signature:                                             Fax:
tion in an understandable manner. He was invaluable to my case.
                                                                                                                                                                The discovery process is the most important phase of preparing the case for settlement negotiations or trial, in the opinion of the author. The
          Debra M. Walsh, Former Deputy County Attorney,                                                                                                        attorney cannot make decisions about the disposition of the case involving this type of technical information and opinion without as complete an                   Place this card in envelope and mail to: Tower Publishing, 588 Saco Rd, Standish, ME 04084
          Rockingham County, NH                                                                                                                                 understanding of what both sides in the case really are saying. In cases in which the author has been involved the level of preparation and self-                                                                   www.towerpub.com
                                                                                                                                                                education of the attorney has been noticeably more important that the actual courtroom skills of the attorney.                                                                                                                                                                                   MVTESTBRO

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:7/9/2012
language:
pages:2