Appellate Court Decides Against Allowing Testimony From Memory Expert in Kathie Klages' Trial

Contact: Kelly Rossman-McKinney 517-335-7666
Agency: Attorney General

February 7, 2020

LANSING – Siding with the Michigan Department of Attorney General, the Michigan Court of Appeals on Friday refused to review a lower court’s decision to disallow expert testimony on memory loss in the trial of former Michigan State University gymnastics coach Kathie Klages.

“We are pleased the Court of Appeals denied leave regarding the lower court’s decision to quash testimony in Ms. Klages’ case,” Nessel said. “We look forward to proceeding with the trial on Monday.”

Klages stands accused of two counts of lying to a peace officer – a felony and a misdemeanor. The felony charge is punishable by up to four years in prison and/or a $5,000 fine. The misdemeanor charge is punishable by up to two years in prison and/or a $5,000 fine.

During the investigation into the hundreds of sexual assaults committed by Nassar on MSU’s campus, Klages denied to law enforcement that she had been told prior to 2016 of Nassar’s sexual misconduct. Witnesses have said they reported Nassar’s sexual abuse to Klages more than 20 years ago.

Ingham County Circuit Court held a hearing Wednesday and decided that the defense’s expert witness, Dr. Elizabeth Loftus, was not necessary to explain matters related to memory as these were the kinds of decisions a jury would be able to address without an expert.

Klages’ attorney filed a motion Thursday asking the Court of Appeals to overturn Circuit Court Judge Joyce Draganchuk’s decision. However, the appellate court issued an opinion late Friday denying leave to review the lower court’s ruling and refusing to stay the trial.

Klages’ trial is set to begin Monday.

To view a copy of the Attorney General’s answer to the motions and brief in opposition click on the links below:

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