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Microwave Experiments In Baby Killing Trial Cannot Be Used

Tuesday, January 22, 2008 – updated: 10:45 am EST January 23, 2008

A microwave oven expert who heated calf brains and chicken torsos to simulate the way a child died will not be allowed to talk about those experiments in an upcoming trial.

China Arnold was charged with murder and accused of microwaving her infant daughter to death in Dayton in 2005. Her trial begins next week.

In a decision filed Tuesday, Judge John W. Kessler wrote that state's witness Robert Schiffman will not be permitted to speak about microwave experiments he conducted for this case.

Kessler said "...the tests and experiment results he reports from heating chicken torsos and calf brains lack the requirement of sufficiently valid derivation from widely accepted knowledge, facts or principles applicable to the relevant facts in this case. Also the Court finds that the design of the test fails to reliably implement the theory upon which the experiment was undertaken, i.e. the duration of exposure of the deceased infant, Paris Talley, to microwave heating. Further the court finds that the results so derived would not aid the jury in reaching a decision based on reliable evidence."

The judge ruled Schiffman is only allowed to testify on microwave ovens' construction, workings and characteristics.

Kessler approved testimony for two defense witnesses, including Dr. Robert J. Belloto, who testified during pre-trial hearings that he believes Arnold was too drunk to kill her child the night she died.

Arnold's trial will start Monday.

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