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Getchell v. Lodge2/28/2003
rt witness because his testimony did not comply with Alaska Rule of Evidence 702. She contends primarily that Trooper Leichliter's testimony did not help the jury because the jury was at least as capable as Trooper Leichliter of determining whether Lodge acted reasonably.
Alaska Rule of Evidence 702(a) allows a witness to give opinion testimony if the witness is qualified "by knowledge, skill, experience, training or education," and if "scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue." To be admissible, then, expert opinion testimony must be helpful to the jury. This helpfulness standard requires experts to "stop short of stating their own conclusions" on points that the jury is at least equally capable of determining. In Spenard Action Committee, we relied on this rationale in holding that the superior court had erred in permitting police officers to express their opinion that a massage parlor was operating as a house of prostitution. On the other hand, in cases such as Adkins v. Lester and State v. Phillips, we have approved of the admission of police officers' opinions as to the cause of particular traffic accidents that they have investigated.
Trooper Leichliter's testimony satisfies Rule 702's requirements. First, his knowledge and experience qualified him as an expert. He served as a state trooper in Kenai for twenty years, and, as Lodge points out, Trooper Leichliter "routinely determined whether there were any human factors contributing to [accidents involving moose], such as speeding, or whether the accident was simply the result of a moose interfering with motor vehicle traffic." Second, Trooper Leichliter's testimony was at least of arguable assistance to the jury. His implied opinion that Lodge had not been negligent was not different in kind than the police testimony permitted in Adkins v. Lester and State v. Phillips. Finally, it is analogous to the type of testimony given by the accident reconstruction experts who testified at the trial without objection. The trial court did not abuse its discretion in admitting Trooper Leichliter's testimony under Rule 702.
3. The trial court did not err in declining to exclude Trooper Leichliter's testimony under Alaska Rule of Evidence 403.
Getchell finally argues that the trial court should have barred Leichliter's testimony under Alaska Rule of Evidence 403 because it was more prejudicial than probative.
Alaska Rule of Evidence 403 provides that the trial court may exclude relevant evidence "if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." The commentary to the rule explains that " ituations in this area call for balancing the probative value of and need for the evidence against the harm likely to result from its admission. . . . here is a slight presumption in favor of admitting relevant evidence. . . . o overcome this minimal presumption, the prejudicial effect must be demonstrably greater than the probative value of the evidence."
It is true that Trooper Leichliter's testimony was prejudicial to Getchell in the sense that it bolstered Lodge's argument that her conduct was excused because she skidded to avoid a moose. However, "undue prejudice connotes not merely evidence that is harmful to the other party, but evidence that will result in a decision being reached by the trier of facts on an improper basis."
We recognize that there is a danger that a police investigator's conclusion will be given undu
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