Commonwealth v. Fuentes

DISSENTING OPINION BY

BENDER, J.:

¶ 1 I respectfully dissent. In this case, the trial court branded the defendant with the proverbial “mark of Cain,” designating him a sexually violent predator based on the opinion of an “expert” whose conclusions often descend to speculation and whose testimony would not pass muster in a civil tort action. Designation of a witness as an expert is not an evidentiary wild card and does not render the witness’s opinions inviolable. Opinions for which the witness cannot articulate objectively verifiable factual support are not competent evidence and are not…