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Judge to allow two expert witnesses to testify for Dalia Dippolito defense; jury selections begins

Posted at 6:50 PM, Jun 01, 2017
and last updated 2017-06-01 22:00:39-04

A deception detection expert and a battered woman’s syndrome expert will take the stand once testimony for Dalia Dippolito’s third trial begins. 

Last trial Dippolito’s attorneys argued the Boynton Beach Police Department entrapped Dippolito, now they are adding that Dippolito was susceptible to coercion by men because of PTSD due to alleged domestic abuse. 

Reading into Dippolito’’s facial expressions, a deception detection expert analyzed a video of Dippolito with the undercover hit man. 

“Her demeanor is very flat, she doesn’t use very much hand movements, she’s pretty quiet. her demeanor is low confidence,” said Susan Constantine-Perfido, a defense expert witness.

A judge is allowing Constantine-Perfidy to testify in the third trial. The state disputed the expert’s interpretation of Dippolito’s body language, saying it could be based on the fact she didn’t know the undercover hit man. 

The defense plans to bring in a new argument in the third trial. Attorneys are also adding a witness to testify about Dippolito’s PTSD.

“In her report, she said it made her more susceptible to coercion by men,” said attorney Greg Rosenfeld as he read a deposition of the Battered Woman Syndrome expert. 

The judge is allowing the expert to testify as long as the defense plans to make their argument and present evidence of subjective entrapment, which may open the door for the state to argue Dippolito must testify. 

“I’ve never seen a case where subjective entrapment went to the jury without the defendant testifying, but there ay be a case where that’s occurred,” said Judge Glenn Kelley, Palm Beach County 15th Circuit. 

Jury selection for Dipplito’s third trial begins Friday morning. Dippolito was convicted in 2011 for solicitation to commit murder, an appeals court overturned that conviction stating the jury pool was tainted. Her last trial in December ended in a hung jury.