October 21, 2007 By Wallin & Klarich

San Bernardino prosecutors are considering filing charges of illegal human experimentation against a defense attorney and his hired consultant.

The hired consultant videotaped the client being shocked with a stun gun to show the effects of an alleged police assault on the client. The attorney said he conducted the test because the taser manufacturer would not provide information detailing injuries that result from being tasered.

The videotape was shown during a hearing in San Bernardino County Superior Court and showed the consultant tasering the client several times as well as the consultant tasering the attorney and the attorney’s partner. During the hearing, the consultant acknowledged he failed to have the client sign a waiver regarding the risks.

The attorney and the consultant may be charged with violating Heath and Safety Code Sections 24170-24179.5 which has a maximum fine of $50,000 or a year in county jail for failing to secure someone’s “informed consent” in an experiment that carries “substantial risk of serious injury.”

Attorneys and clients have to be careful in what testing they do during preparation for trial.

If you have questions about how your attorney is preparing for trial, please contact us for a second opinion at 1-888-280-6839. We can help.

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