conviction on Thursday that was based on an expert who testified that gangs rarely use “blind mules” to move drugs across the southern border, prompting a striking dissent from Justice Neil Gorsuch.by Justice Clarence Thomas dismissed the argument that an expert witness for the prosecution had gone too far to describe defendant Delilah Guadalupe Diaz’s mindset when he said that most large-scale drug couriers were aware of what they were transporting.
“Prosecutors can now put an expert on the stand — someone who apparently has the convenient ability to read minds — and let him hold forth on what ‘most’ people like the defendant think when they commit a legally proscribed act. Then, the government need do no more than urge the jury to find that the defendant is like ‘most’ people and convict,” Gorsuch added.
Diaz’s defense lawyers said she did not know that methamphetamine was stashed away in the vehicle she was driving, which belonged to her boyfriend. They described her as a “blind mule,” someone who did not know he or she was transporting illicit substances. Thomas’s opinion was joined by five other Republican-nominated members of the court in addition to one Democratic-nominated member, Justice Ketanji Brown Jackson.
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