Prosecutor opposes expert

• By JOE GYAN JR.
• Advocate staff writer
• Published: Jan 9, 2009 - Page: 5B - UPDATED: 12:05 a.m.

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An eyewitness identification expert should not be allowed to testify at the capital murder trial of a man accused of killing an Olive Garden employee and wounding another restaurant worker in 2006, a prosecutor argued Thursday.

Assistant District Attorney Aaron Brooks told state District Judge Don Johnson the defense wants to use the University of Texas at El Paso psychology professor to denigrate the testimony of eyewitnesses rather than educate or inform the jury.

Mark Marinoff, one of Tracy Young’s attorneys, countered during a lengthy hearing that Roy Malpass’ field is a valid science and he should be allowed to take the stand when Young goes on trial May 11.

Johnson said he will issue a ruling Wednesday.

Brooks is seeking the death penalty. Young’s accomplice, 24-year-old Sanchez Brumfield, already has been convicted and sentenced to die by lethal injection.

Young, 31, is accused of fatally shooting 21-year-old Aaron Arnold and wounding Dionne Grayson on Sept. 8, 2006, in a parking lot behind the Siegen Lane restaurant.

Grayson testified at Brumfield’s trial and is scheduled to do the same at Young’s trial.

Brooks said Thursday the search for another state witness, Nancy Segura, continues.

Prosecutors purchased a plane ticket for Segura so she could testify at Brumfield’s trial, but she never boarded the plane in Mexico City.

Segura, who was illegally in the United States at the time of the shootings, was 30 feet away when the shots were fired and identified Young as the shooter.

“They want to call a witness to say Dionne Grayson and Nancy Segura are wrong,’’ Brooks argued.

Malpass told Johnson he would not testify about a particular witness’s testimony or try to tell jurors that a witness identification was accurate or inaccurate.

Malpass explained there are factors — including cross-race identification, stress, weapons, and photographic lineup instructions — that can influence eyewitness identifications.