Today CIR filed a reply brief in its motion for a new trial In the Mueller family-rights case. One of the grounds for the motion is that the testimony of the only expert witness to give an opinion adverse to the Muellers at trial was scientifically unreliable and should have been excluded.
In June, the jury in Boise, Idaho, found that a police officer did not violate the Muellers’ parental rights when he transferred custody of their five-week-old daughter to the state so a doctor could perform a spinal tap on her. Mrs. Mueller had not decided to authorize that procedure yet for her baby.
In addition to moving for a new trial, we also plan to appeal the case to the Ninth Circuit Court of Appeals.