Superior Court of State of Arizona County of Yavapai

“ Ross's violent deprogramming activities are squarely and directly relevant to his qualifications as an expert and to the bias of his testimony. In order for the jury to understand what Ross does—and whether his opinions warrant their acceptance—the jury must know what it means to be an "expert" in "cult deprogramming, controversial groups and movements." See generally Logerquist, 196 Ariz. at 488 (jury is ultimate arbiter of the weight and credibility of expert witness testimony) . This is particularly vital where the witness's "field" is not one with which most jurors are familiar. ”

“ Ross does engage in—archiving internet posts, labeling as cults a wide range of religious groups, and, most notably here, forcibly detaining and "deprogramming" alleged cult members—is reflective of an activist with a controversial agenda, not an expert witness. Should the Court admit his testimony despite his utter lack of qualifications, it must allow the jury to receive sufficient information about Ross' bias and criminal record to evaluate his credibility. ”

“ This felony conviction, like his deprogramming practices, bears on his expert qualifications. Mr. Ray is entitled to present to the jury a full and fair view of Ross's controversial career. Jurors should be permitted to know, among other facts, that Ross is not an expert who has followed a traditional path of scholarship. To the contrary, although the State will ask Ross to opine on apparently technical concepts and psychological phenomena, Ross has no higher education or specialized training whatsoever. ”