Law Enforcement Expert Witness’ Testimony on Officers’ Actions Excluded

The present lawsuit revolves around Plaintiff Van Aelsytn’s claims of civil rights violations and malicious prosecution against Defendants Coleman Sparks and Scott Carnes. Both Defendants were officers with the Versailles Police Department and were involved in an investigation that led to domestic violence charges against Van Aelsytn. However, the Plaintiff possessed evidence suggesting his innocence. The parties disagreed over whether the Defendants received and reviewed this evidence properly. Van Aelsytn was arrested, and the case went before a grand jury, which ultimately decided not to indict him.

The Defendants intended to call Assistant Chief Robert Young of the Versailles Police Department as a rebuttal law enforcement expert witness. Young was expected to testify that the Defendants’ actions during the investigation aligned with Kentucky law and the U.S. Constitution.

Law Enforcement Expert Witness

Robert Young currently serves as the Assistant Chief at the Versailles Police Department. He is a retired special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Want to know more about the challenges Robert Young has faced? Get the full details with our Challenge Study report.  

Discussion by the Court

Van Aelstyn argued that allowing Robert Young to testify about the Defendants’ actions being legal or “consistent with Kentucky law and the United States Constitution” would have been an improper “legal conclusion.” He believed this testimony would have been flagrant and inappropriate.

In response, the Defendants clarified that Young would not offer legal conclusions in his testimony. They emphasized that Young would not testify whether Officers Carnes or Sparks violated the Constitution. However, they argued that Young could provide an opinion on whether the officers followed Versailles Police Department policies.

The Plaintiff replied that it was unclear if the Defendants agreed Young could not provide this testimony. However, the Plaintiff did not seek to exclude testimony about the police department’s policies.

The Court found that the parties agreed that Young’s initial proposed testimony, claiming the Defendants acted consistently with Kentucky law and the U.S. Constitution, would have been a legal conclusion. They also agreed that such a clear-cut legal conclusion would be impermissible. Accepting this assertion as true would have essentially instructed the jury that the Defendants did not violate the law.

Held

The Court granted the Plaintiff’s motion to exclude certain parts of Defendants’ law enforcement expert witness, Robert Young’s testimony. The Court held that Young could not testify about whether the Defendants’ actions were consistent with Kentucky law or the United States Constitution.

Key Takeaways:

The Court found that Young’s testimony about whether the Defendants’ actions were consistent with Kentucky law or the U.S. Constitution would constitute an impermissible legal conclusion, as it would effectively instruct the jury that the Defendants did not violate the law. This decision emphasized the need for expert testimony to avoid overstepping into legal determinations, ensuring the jury maintains its role in assessing the law’s application.

Case Details:

Case caption:	Aelstyn v. Sparks
Docket Number:	5:23cv136
Court:	United States District Court for the Eastern District of Kentucky, Central Division
Dated:	December 4, 2024