MONROE - The defense for a former Monroe resident charged with sexually assaulting an unconscious woman will not be allowed to call an expert witness to testify at trial.
Derek J. Larosh, 28, Rock Springs, appeared in Green County Circuit Court Monday for a hearing on the relevance of the testimony of a Milwaukee toxicologist.
Larosh's charges - two counts of second-degree sexual assault and four counts of bail jumping - arose after he allegedly invited an intoxicated woman into his home in August 2014. The victim stated she suffered a "blackout" and could not remember giving sexual consent but regained consciousness to find Larosh having sex with her.
The victim's use of the term "blackout" was the source of heated debate at the hearing.
Larosh's attorney, William Ginsberg, argued that the term "blackout" does not mean unconsciousness, despite how it is commonly used, but a failure to create memories of a certain period of time due to alcohol consumption.
Assistant District Attorney Jeffrey Kohl countered that Ginsberg wanted to use a colloquial phrase as a scientifically conclusive explanation for the victim's lack of memory.
"The defense wants to wave a magic wand and say that "blacking out' is just memory loss," Kohl said.
The witness in question was Dr. Richard Tovar, a medical toxicology specialist. Tovar appeared in court Monday via telephone.
Tovar said that the word "blackout" is a layman's term for a wide range of alterations to a person's consciousness. These alterations can range from unconsciousness to lucidity to producing false memories.
Although Tovar said an intoxicated person could give sexual consent but not retain any memories of the event, he stressed that without any tests quantifying how much alcohol was in the person's system, it would be impossible to determine from the victim's testimony whether she was unconscious.
Ginsberg said Tovar's testimony would help disabuse a jury of any misconceptions they may have regarding alcohol and memory. However, Green County Circuit Judge Thomas Vale disagreed, saying that Tovar's testimony failed to provide a scientific methodology to the case and would not add anything to the defense.
Vale then denied the defense's request to bring Tovar's testimony to trial.
However, Ginsberg said the defense was guaranteed the right to bring in an expert witness by the U.S. Constitution and said that Vale's decision made little sense. Ginsberg argued that Vale's decision seemed as though the motion was denied purely because it would strengthen the defense's case.
Although Vale's mind was not changed, he did allow Ginsberg to file an appeal.
Larosh will next appear in court for a status conference Sept. 14. His trial is scheduled to take place Oct. 6-7.
Derek J. Larosh, 28, Rock Springs, appeared in Green County Circuit Court Monday for a hearing on the relevance of the testimony of a Milwaukee toxicologist.
Larosh's charges - two counts of second-degree sexual assault and four counts of bail jumping - arose after he allegedly invited an intoxicated woman into his home in August 2014. The victim stated she suffered a "blackout" and could not remember giving sexual consent but regained consciousness to find Larosh having sex with her.
The victim's use of the term "blackout" was the source of heated debate at the hearing.
Larosh's attorney, William Ginsberg, argued that the term "blackout" does not mean unconsciousness, despite how it is commonly used, but a failure to create memories of a certain period of time due to alcohol consumption.
Assistant District Attorney Jeffrey Kohl countered that Ginsberg wanted to use a colloquial phrase as a scientifically conclusive explanation for the victim's lack of memory.
"The defense wants to wave a magic wand and say that "blacking out' is just memory loss," Kohl said.
The witness in question was Dr. Richard Tovar, a medical toxicology specialist. Tovar appeared in court Monday via telephone.
Tovar said that the word "blackout" is a layman's term for a wide range of alterations to a person's consciousness. These alterations can range from unconsciousness to lucidity to producing false memories.
Although Tovar said an intoxicated person could give sexual consent but not retain any memories of the event, he stressed that without any tests quantifying how much alcohol was in the person's system, it would be impossible to determine from the victim's testimony whether she was unconscious.
Ginsberg said Tovar's testimony would help disabuse a jury of any misconceptions they may have regarding alcohol and memory. However, Green County Circuit Judge Thomas Vale disagreed, saying that Tovar's testimony failed to provide a scientific methodology to the case and would not add anything to the defense.
Vale then denied the defense's request to bring Tovar's testimony to trial.
However, Ginsberg said the defense was guaranteed the right to bring in an expert witness by the U.S. Constitution and said that Vale's decision made little sense. Ginsberg argued that Vale's decision seemed as though the motion was denied purely because it would strengthen the defense's case.
Although Vale's mind was not changed, he did allow Ginsberg to file an appeal.
Larosh will next appear in court for a status conference Sept. 14. His trial is scheduled to take place Oct. 6-7.