Dr. Ebert spent many years as an
officer in the United States Air Force. While on active duty
he developed the first formal guidelines on how to conduct a
sanity board consistent with Rule of Military Evidence 706
which sets forth the standards for a sanity board. It was
also during that time Dr. Ebert and some other working
independently established “Whole Trial Consultation.” This
new application of forensic psychology entails the expert
participating in all aspects of the trial which, in the
military, is a court martial. It begins with a call from a
defense counsel or a prosecutor often when an event comes to
the attention of legal personnel. The earlier the better to
bring Dr. Ebert into a case. The activities and roles are
described below. He participates in the entire trial from
pre-trial consultation to travel prior to trial and sits in
during every aspect of the case. Whole trial consultation
involves interviewing witnesses and crime scene analysis
along with involvement in the entire trial from pre-trial
motions until the very end.
Dr. Ebert has been involved
in more than 400 court-martials and works for the Government
and the Defense. He has taught for many years at the JAG
School of the Air Force in Montgomery, Alabama. In addition,
Dr. Ebert has traveled all around the world assisting
counsel for the Air Force, Army, Navy and Marines.
WHO IS IN
CHARGE: ROLE RELATIONSHIPS IN THE CASE:
It is critical that we all
understand and agree on the various role relationships that
exist while we are working on the case. It is also
critically important that we all know and understand who is
in charge. I am hired by you as a Consultant. I am never in
charge of the case. I am not functioning in my role as an
attorney but as a forensic psychologist with a detailed
understanding of the law. I work for you and I expect to
take direction from you. As one sage expert stated “I am a
forensic psychologist but I don’t check my brain at the
door.” You do not work for me. Given my vast experience I
will communicate many ideas regarding how to proceed in the
case and how to use me properly and effectively. My feelings
will not be hurt if you reject my ideas. It is your job to
assign tasks for me to accomplish or to approve or
disapprove of suggestions I make to you. I am nothing more
or nothing less than an integral part of the team but not
acting in the role of lead counsel. Every case is different.
One key difference in roles is that I am bound by ethical
standards that have nothing to do with winning a case. My
job is to bring scientific principles of psychology to the
case and to remain objective. Here are some tasks I often
perform in most cases:
I provide ideas for voir
dire questions of perspective members (jurors);
I review member data
sheets and confer with counsel about who may be the most
impartial versus those who may have questionable
impartiality;
I discuss which members
may be best for the case with counsel during a break.
Many times counsel will request a 10 minute break
stating to the judge Amay we have some time to consult
with our expert;
I almost always
interview alleged victims especially if the alleged
victim is a child;
I conduct interviews
with key witnesses with the trial team and ask questions
as a team member;
I almost always
interview opposing experts especially if they are mental
health professionals. I have been helpful in
interviewing other witnesses such as neurologists,
family practice physicians, pharmacists, pathologists,
pediatricians, radiologists, nurse practitioners and
other specialists;
I usually interview
mental health professionals who are either fact
witnesses or treating therapists including
psychologists, psychiatrists, marriage and family
therapists, social workers, licensed professional
counselors, psychiatric nurses, rape crisis counselors
or any lay therapists involved in the case;
I assist in developing
cross examination questions for any opposing experts who
might testify in the case;
I provide points that I
think may be appropriate to cover in the opening
statement;
I offer suggestions
about exhibits;
I assist in developing
cross examination questions for fact witnesses;
I often provide
questions for witnesses who might be called on our side;
I typically assist in
drafting questions for any experts, including myself,
that might be called for by a member of our team;
I usually sit in court
for the entire trial taking copious, if not verbatim
notes of the procedure and all the testimony of
the witnesses;
I provide assistance in
dealing with motions from testifying in a motion to
assessing the impact on a victim who might testify;
I spend time with you
and other counsel to build our connection as a team
member. I realize there is somewhat of an age gap.
I am older now and this may be one of the first times
you have worked in a team with an older member. I have a
great sense of humor and enjoy working late with you as
a team member, not as a know it all;
If I am a member of the
prosecution team I generally interview all victims and
provide support for them during the trial. I also make
recommendations on how to provide the best support for
victims in order that they may provide the most honest
and credible testimony possible;
If I am a member of the
defense team I generally interview the accused if this
fits with the overall defense strategy. I also interview
victims if I am allowed to do so. I may even
conduct a forensic evaluation with testing if this fits
with the overall strategy of the case;
If there are opposing
experts, my job is to keep them honest and help them
only testify in areas consistent with the professional
and scientific literature.
I often consult with
counsel at the end of the trial both by email and in
person to provide ideas for closing argument. I am not
mad or upset if you don=t use my ideas.
SAMPLE OF BASES WHERE DR.
EBERT HAS PROVIDED SERVICES:
GUANTANAMO BAY,
CUBA
TRAVIS AFB, CA
BEALE AFB, CA
MATHER AFB, CA
MCCLELLAN AFB,
CA
CASTLE AFB, CA
MARCH AFB, CA
WHIDBEY ISLAND
NAS, WA
LUKE AFB, AZ
DAVIS MONTHAN
AFB, AZ
KUNSON AB, KOREA
KADENA AB,
OKINAWA
RAMSTEIN AFB,
GERMANY
LAKENHEATH RAF,
ENGLAND
MILDENHALL RAF,
ENGLAND
INCIRLIK AB,
TURKEY
EDWARDS AFB, CA
EGLIN AFB, FL
MACDILL AFB, FL
SCOTT AFB, IL
AAF WIESBADEN,
GERMANY
AAF HEIDELBURG,
GERMANY
SPANGDAHLEM AB,
GERMANY
MILITARY COMMISSIONS:
The President of the United
States has decided to provide trials for detainees at
Guantanamo Bay, Cuba. These trials are very much like court
martials. Dr. Ebert has been involved in the Commissions
issue from the very beginning. He is expected to participate
in some of the trials. He will report on these cases when
they occur.
ABOUT DR.
EBERT | RESUME | ETHIC CODES | CA
LAWS & BOARDS | PSYCHOLOGY
CENTER OF MENTAL HEALTH LAW & ETHICS | MILITARY CONSULTATION
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