Commonwealth of Kentucky s17

COMMONWEALTH OF KENTUCKY CLARK DISTRICT (JUVENILE) COURT CASE NO. 12-J-00307-002

IN RE: [DEFENDANT NAME]

MOTION TO PROHIBIT “EXPERT” TESTIMONY CONCERNING CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME

* * * * * * * * * * * * * *

Comes now the accused, [DEFENDANT NAME], by counsel and pursuant to U.S. Constitution Amendments 5 and 14, Kentucky

Constitution Section 11, RCr 8.14, KRE 401, and Sanderson v.

Commonwealth, 291 S.W.3d 610 (Ky., 2009), and does hereby move the Court to prohibit the introduction of any testimony relating to “child sexual abuse accommodation syndrome” or any other theory related thereto which has not attained general acceptance in the scientific community justifying its admission into evidence to prove sexual abuse or identify an alleged perpetrator.

Respectfully submitted,

WHITE, McCANN & STEWART, PLLC

BY______David M. Ward P. O. Box 578 Winchester, KY 40392-0578 (859) 744-2551 ATTORNEYS FOR DEFENDANT NOTICE The foregoing Motion is requested to come on for hearing before the Judge of the Clark Juvenile Court on Wednesday, August 20, 2014, at 9:00 a.m., or as soon thereafter as counsel may be heard.

______COUNSEL FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that the foregoing has been served by mailing a true copy of same to Hon. Brian Thomas, Clark County Attorney, 17 Cleveland Avenue, Winchester, KY 40391, with copy to Hon. Earl-Ray Neal, District Judge, P.O. Box 114, Winchester, KY 40392-0114, and the original was mailed to the Clark District Court Clerk for filing, on this _____ day of August, 2014.

______COUNSEL FOR DEFENDANT