Expert Witness Testimony Training 

June 12, 2018
Widener University, Commonwealth Law School
3800 Vartan Way, Harrisburg, PA 17110
8AM-5PM

Audience

Pennsylvania-based prosecutors, and advocates who have successfully completed the application process

Summary

This Expert Witness Testimony training is a free one day training seminar designed for prosecutors and victim advocates who respond to cases of sexual assault. The training will discuss common victim behaviors and sexual assault dynamics and their impact on fact finders’ assessments of victim credibility. This training will also review Pennsylvania’s law that took effect on August 28, 2012 and permits the introduction of expert testimony to explain victim behaviors in sexual assault cases. The training will also discuss precedent from other jurisdictions that have long permitted the use of this type of evidence at trial and a discussion of the Commonwealth vs. Olivo decision. Presenters will guide participants through the process of deciding whether to introduce expert testimony as well as summarize the most effective way to use expert witnesses to educate judges and juries about common victim behaviors that may not otherwise be understood. In addition, the training will identify ways to work with experts to prepare a case for trial even if the testimony will not be introduced.

This Expert Witness Testimony Training will use hypothetical case problems, role-playing exercises, small group discussions, mini-lectures, and faculty demonstrations. Rather than merely attending a series of lectures, participants will be encouraged to draw on their own experience and re-examine their current attitudes and practices by employing active case evaluation and preparation.  The highly interactive format enables prosecutors and victim advocates from different counties, with varied levels of experience, to learn from one another and engage in true-to-life scenarios that are readily transferable to their everyday work.

Presenters 

Teresa M. Garvey

Teresa M. Garvey (JD) is an Attorney Advisor with AEquitas: The Prosecutors' Resource on Violence Against Women. As an Attorney Advisor, Teri presents on trial strategy, legal analysis and policy, and ethical issues related to violence against women at the local, state, and national level. She conducts research; develops training materials, resources, and publications; and provides case consultation and technical assistance for prosecutors and allied professionals. 

Prior to joining AEquitas, Teri worked for twenty-two years as an Assistant Prosecutor in Camden County, New Jersey. For nine years she was assigned to the Domestic Violence Unit, and for five of those years served as Deputy Section Chief of that Unit. During that time, she created a guide to assist officers in charging the appropriate domestic violence offenses, and charging manuals to ensure proper wording of criminal complaints and indictments for such offenses. Teri also worked closely with the Victim/Witness Advocacy Unit to provide education to the public and to community leaders who come into contact with domestic violence victims. She participated in the Camden County Domestic Violence Working Group, along with municipal and Superior Court judges, Family Court staff, law enforcement officers, victim service professionals, and batterers' program staff. The Working Group identified problem areas in the system of response to domestic violence and worked to create solutions to increase victim safety. 

In addition to the Domestic Violence Unit, Teri held assignments in several other Units, including Juvenile, Trial Teams, Grand Jury, and Motions and Appeals. Her jury trial experience includes prosecution of domestic violence crimes, sexual assault and other violent crimes, drug offenses, property crime, hate crime, and official misconduct. Teri has extensive appellate experience, and has briefed and argued numerous cases in the appellate courts of New Jersey, including three arguments before the New Jersey Supreme Court. Her most recent assignment, prior to her retirement in 2011, was in Motions and Appeals, handling petitions for post-conviction relief. 

Between 1984 and 1988, Teri worked as a Deputy Attorney General in the New Jersey Department of Law and Public Safety, Division of Law, representing the New Jersey Department of Corrections and the Department of Human Services. 

Teri's interest in domestic violence dates to the late 1970s, when she worked as a volunteer at the first Safe House for battered women in Colorado Springs, Colorado. Throughout her career as a prosecutor, while focused on holding offenders accountable, she has never lost sight of the unique perspective and interests of the survivors of domestic violence, and has worked to ensure that their voices are heard and their interests protected by the justice system. 

Teri received her undergraduate degree in Journalism from the University of Colorado in 1978, and her J.D. from Rutgers University School of Law-Camden in 1984. She is an active member of the New Jersey and Pennsylvania bars, and is also admitted to practice in Colorado. She is admitted to practice in the United States District Court of New Jersey, the United States Court of Appeals for the Third Circuit, and the United States Supreme Court. Teri is currently based in Camden County, New Jersey.

Jonathan H. Kurland

Jonathan H. Kurland (JD) is an Attorney Advisor with AEquitas: The Prosecutors'Resource on Violence Against Women. As an Attorney Advisor, Jonathan presents ontrial strategy, legal analysis, policy, and ethical issues related to gender-based violence.He conducts research; develops training materials, resources, and publications; andprovides case consultation and technical assistance for prosecutors and alliedprofessionals.

Prior to joining AEquitas, Jonathan worked for sixteen years as a prosecutor in the District Attorney's Office in Berks County, Pennsylvania, serving as Chief Deputy DistrictAttorney, Chief of Trials, and Assistant District Attorney. For five years he supervisedprosecutions involving intimate partner violence, sexual violence, child abuse andfatalities, and grand jury investigations. Throughout his career, he has successfullyprosecuted domestic violence homicides, campus sexual assaults, cold case sexualassaults, intimate partner violence, stalking, child pornography and exploitation, childabuse and molestation, and human trafficking. Jonathan has extensive experienceworking with multidisciplinary partners, including victim advocacy and medicalprofessionals. He served as the office representative for the STOP program,multidisciplinary investigative team, and other community-based collaborative efforts.In addition to his trial and supervisory experience, Jonathan served for two years in theappellate unit. He was assigned as a Special Assistant U.S. Attorney for Berks County,where he served as liaison to multiple agencies to facilitate federal adoption ofprosecutions involving complex criminal enterprises and violent career criminals. Healso served as adjunct faculty at Alvernia University, where he taught courses in theCriminal Justice Department.

Before coming to Berks County, Jonathan worked for two years as an Assistant DistrictAttorney in Monroe County, Pennsylvania. Prior to that position, he served as a judiciallaw clerk in the Bradford County Court of Common Pleas where he assisted the Courtsitting over Criminal, Civil, Family, and Orphans' Court divisions.

Jonathan received his undergraduate degree in History from the University of Pittsburghin 1994 and his J.D. from Duquesne University School of Law in 1997. He is an activemember of the Pennsylvania bar. He is admitted to practice in the Eastern District ofPennsylvania, the United States Court of Appeals for the Third Circuit, and the UnitedStates Supreme Court. Jonathan is based in Berks County, Pennsylvania.

Joyce L. Lukima

Joyce Lukima currently serves as the Chief Operating Officer for the Pennsylvania Coalition Against Rape. Joyce is experienced in individual and group counseling and the supervision of counselors; she has worked with victims of violence and sexual assault for 24 years.  Joyce now focuses her energy on education, conducting and organizing workshops, trainings and conferences to provide skill development for professionals’ assisting victims of sexual assault. She also serves as faculty member for the National Institute on the Prosecution of Sexual Violence, a project of the American Prosecutors Research Institute.

Ms. Lukima has worked with the Pennsylvania Department of Corrections to implement the Prison Rape Elimination Act (PREA) and participated on the planning committee for the National Judicial College’s PREA education project, has co-authored Circle of Support: A basic resource guide for support groups responsive to sexual violence and has also acted as a consultant for the National Victim Assistance Standards Consortium. 

She holds a Master’s Degree in Psychology from Angelo State University and a Master’s of Social Work Degree from Temple University.

John F. Wilkinson

John F. Wilkinson (JD) is an Attorney Advisor with AEquitas: The Prosecutors' Resource on Violence Against Women. As an Attorney Advisor, he presents on trial strategy, legal analysis and policy, and ethical issues related to violence against women at the local, state, national and international level. He conducts research; develops training materials, resources, and publications; and provides case consultation and technical assistance for prosecutors and allied professionals. John has presented extensively on the investigation and prosecution of domestic violence, sexual violence, stalking and human trafficking both in the United States and abroad. John's international work includes developing and implementing trainings for police, prosecutors, judges and allied professionals in national and international conferences in Brazil, Cameroon, Canada, Egypt, Fiji, France and South Africa.

Prior to working with AEquitas, John was the Program Manager for the Gun Violence Prosecution Program, Homeland Security Program and Southwest Border Crime Program of the National District Attorneys Association (NDAA) where he traveled extensively throughout the United States presenting on gun and gang violence and homeland security issues. He also regularly collaborated with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Homeland Security (DHS) and International Association of Chiefs of Police (IACP) to bring data-driven best practices to criminal justice professionals. Under his direction, the Homeland Security Program created a unique counter-terrorism training program for prosecutors and probation/parole officers. Additionally, his Southwest Border Crime Program created a curriculum for prosecutors and allied professionals covering all aspects of the Drug Cartel Business Model and focusing on human trafficking, human smuggling, drug and gun trafficking, home invasions and kidnappings and undocumented alien victim/witness issues.

From 1998 through 2005, John served as an Assistant Commonwealth's Attorney in Fredericksburg, VA prosecuting cases involving intimate partner violence and sexual assault, including cases of campus sexual assaults and domestic violence homicide. He also served on the Fredericksburg Area Sexual Assault Response Team and prosecuted child sexual and physical abuse and neglect cases and infant homicides. He assisted in the development of the Mary Washington Hospital Sexual Assault Nurse Examiner (SANE) Program. Additionally, John completed Virginia's Top Gun Investigation and Prosecution of Drug Cases course and prosecuted numerous drug and firearms related offenses. He was a regular lecturer at the Rappahannock Regional Criminal Justice Academy and spoke at the Virginia Association of Commonwealth's Attorneys. From 1994 to 1998, John served as an Assistant Public Defender in Fredericksburg, VA representing indigent clients in matters ranging from first-degree murder to summary offenses. In 1997 he was presented the Phillip M. Sadler Award for excellence in public defense. From 1991 to 1994, John worked at the Offices of William E. Gardner in Fairfax, VA primarily engaged in criminal defense and civil litigation.

John received his undergraduate degree from Virginia Tech and his law degree from the College of William and Mary Law School and is an active member of the Virginia Bar.

Michael Rakaczewski

Michael Rakaczewski graduated from King’s College in Wilkes-Barre, Pennsylvania, where he majored in Criminal Justice. He received his Juris Doctorate from Widener University School of Law in Harrisburg, Pennsylvania. While attending law school, he worked with the Harrisburg Civil Law Clinic providing assistance in drafting the Address Confidentiality Program for victims of domestic violence, sexual assault, and/or stalking. ADA Rakaczewski has been employed with the Monroe County District Attorney’s Office as an Assistant District Attorney since 2004. He has extensive trial experience, having conducted over 60 criminal jury trials to verdict, in addition to numerous bench trials. His current duties and responsibilities including prosecuting sexual assaults, major domestic violence cases including violations of protection from abuse orders, child abuse cases, and sexual exploitation of children cases, as well as serving as legal advisor to the Monroe County Drug Task Force.

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Kristen M Gibbons Feden

Prior to joining Stradley Ronon, Kristen was Assistant District Attorney in the Trials Division of the Montgomery County District Attorney’s Office, where she served as captain of the Elder Abuse Unit and the Domestic Violence Unit, and as a member of the Sex Crimes Unit. During her tenure in the District Attorney’s Office, Kristen investigated and prosecuted all types of criminal cases, including cases of abuse, neglect, rape, sexual violence, internet crimes against children, financial exploitation against elders and homicides. Her most notable case was Commonwealth v. William H. Cosby, where she played a critical role in the first trial, which resulted in a hung jury, and the second trial where a conviction was attained. In both, Kristen drafted and litigated pretrial motions and questioned key witnesses. In the first trial, she delivered the opening statement, and in the second trial, she cross-examined key witnesses and delivered the closing argument. Kristen began her legal career as a law clerk for the Hon. Garrett D. Page, a Montgomery County Court of Common Pleas judge who sat on both the criminal and civil bench. While in law school, Kristen was an editor for the Temple Political and Civil Rights Law Review and a member of Temple Law’s National Trial team, winning the Capitol City Championship. Kristen also received numerous awards and honors during her tenure at Temple Law, including the Barristers Award, Best Oral Advocate Award, and induction in the Rubin Public Interest Law Honor’s Society for her significant contributions to public service. Upon graduation she received the Andrew Gay Award, for excellence in Trial Advocacy in the area of criminal law, and the Jacquelyn E. Davis Success Award, for her efforts and commitment towards public service. Kristen is also an adjunct professor for Rosemont College where she teaches a range of undergraduate and graduate-level classes in the sociology department. Before her legal career, Kristen worked as a Financial Analyst for Bloomberg, L.P. in New York.

Hotel Details

Springhill Suites by Marriott
16 Capital Drive, Harrisburg, PA 17110 

If you are traveling over 75 miles (one way) to the training, PCAR will cover the cost of one overnight for the evening of June 11, 2018.  

To reserve a room, you must complete your training registration by May 9, 2018. PCAR will add your name to the room block.
After May 9, 2018, registrants will be responsible for making their own hotel arrangements at their own expense and will be responsible for the difference in price.  Reimbursements will be provided up to the rate guaranteed through May 9, 2018.

Additional Information

Due to funding restrictions, lunch is on your own.

Mileage reimbursement will be provided to all participants at a rate of $.455/mile.

Questions?

For questions about the training, please contact Karen Galbraith at kgalbraith@pcar.org.

For questions about registration, please contact Erin Levine-Krynock at elevine-krynock@pcar.org. 

Deadline for training registration is May 7, 2018.