New Mexico District Court Judge Rules that Leica ScanStation System Satisfies Daubert
Sept. 29, 2011 – With a Leica ScanStation C10 set up in the courtroom just a few feet away, the Honorable Clay Campbell of the Second Judicial Circuit for the State of New Mexico today ruled that the product generated by the Leica ScanStation 3-D laser scanner, along with Leica’s Cyclone point cloud processing software, meets the stringent standards for admissibility of scientific evidence required by the Daubert Standard. “…[T]his satisfies the stringent scientific analysis that’s required…Daubert is satisfied,” said Judge Clay from the bench.
The Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony during United States federal legal proceedings.
The ruling came in Cordova v. The City of Albuquerque, a wrongful death lawsuit brought by the family of a man who was shot and killed by police. The judge’s written order issued after the hearing included the statement that his order “establishes that the product generated by the Leica ScanStation system, inclusive of the Leica ScanStation device and the Cyclone and MapScenes software programs, is scientifically and technically accurate and reliable and meets the standards for admissibility and for expert reliance…”. MapScenes is forensic CAD software from MicroSurvey which is capable of importing and working with Leica ScanStation point cloud data.
Two Leica Geosystems employees were present in the courtroom and were prepared to provide expert witnesses testimony if required: Dr. Greg Walsh, the system architect of the ScanStation C10 and Tony Grissim, Leica’s public safety and forensic account manager. Judge Clay did not require their testimony, because, prior to the hearing he had been provided with ample documentation in support of granting the City’s motion to affirmatively admit Leica ScanStation evidence.
The materials submitted included case references where Leica ScanStation data had been accepted by other judges, peer-reviewed white papers, validation studies and more. Although three hours had been set aside for the hearing, the judge ruled in the City’s favor within the first five minutes of the 25 minute hearing.