In what circumstances have defense counsel objected to testimony of a defence expert at trial?

Furthermore, defense counsel objected solely to testimony concerning the report made by its expert, not to the existence of the expert himself. The report was not introduced into evidence. This failure to specifically object to testimony eliciting the fact that the defense had an expert (including the failure to specify the grounds for the objection), also waived any privilege that might have existed. United States v. Lazarus, 425 F.2d 638, 642-645 (9 Cir. 1970) (self-incrimination).

Nor was the argument to the jury improper. In fact, defense counsel conceded the right of the Government's attorney to comment upon the failure of the defense to call its own fingerprint expert to impeach the Government's expert. The Government's attorney did no more than suggest that the failure of the defense expert to testify left the testimony of the Government's expert uncontradicted. This in no way commented upon the defendant's failure to testify. In Ignacio v. People of Territory of Guam, 413 F.2d 513, 521 (9 Cir. 1969), the court stated: "The closing comment of the prosecution to which appellants objected pertained to the failure of the attorneys for appellants to call their own ballistics expert. This was in no way directed to the failure of the appellants to testify on their own behalf. The appellants were not referred to, either directly or indirectly. There clearly was no prejudicial misconduct." Likewise, there was no prejudicial misconduct in the present case.

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