People v. Alvidrez

(Modified upon denial of rehearing 12/3/14.) Defendant was convicted, after jury trial, of first degree murder of his 18-month-old son, who died as a result of severe head injury suffered at home while under Defendant's care. Medical examined testified that child died as a result of blunt head trauma and that death was a homicide. Defense theory that child fell from bed onto hardwood floor, and defense expert testified that injuries themselves could not be used to determine cause, and that child could have sustained brain injuries and hit nightstand or floor. Defense expert couched his testimony in biomechanical terms though he admitted he was not a biomechanical engineer. Defendant counsel, by stating that defense expert was "not a hired gun", invited State's rebuttal that defense expert was a "hired gun", a "professional witness", and "snake oil salesman". (HYMAN and MASON, concurring.)