20241122_C367905_35_367905.Opn.Pdf, 20241122

Defendant Jose Augustine Garcia, Jr. was convicted by a jury of three counts of second-degree child abuse and one count of assault with intent to do great bodily harm by strangulation or suffocation (AWIGBH) toward his stepson (TDF) and biological son (LG).
Garcia used martial arts techniques, including chokeholds, punching, and kicking as "discipline" on the boys, often causing physical injuries.
A prior 2019 criminal case involving allegations of strangulation resulted in a not guilty verdict; the present charges followed subsequent abuse.
Key disputed evidentiary issues at trial involved the prosecution’s late disclosure of a police interview video and the admission of expert testimony on the physiological effects of strangulation.
The defendant appealed, alleging due process violations, the admission of unfairly prejudicial expert testimony, and ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of police interview video (late disclosure)	Trial court’s remedy (continuance, reopening proofs) was sufficient; video relevant for impeachment.	Admission after defense rested, without timely disclosure, violated due process and prejudiced defense.	Error to admit video, but harmless given overwhelming evidence.
Admission of expert testimony on strangulation	Testimony helped jury understand harm and was grounded in reliable science.	Testimony was more prejudicial than probative and unhelpful to jury.	Testimony properly admitted under Daubert/MRE 702; not unfairly prejudicial.
Ineffective assistance—failure to object to delayed disclosure testimony	N/A	Counsel failed to object to expert’s "delayed disclosure" statements.	No ineffective assistance; objection would have been meritless.

People v. Elston, 462 Mich 751 (key authority denying general constitutional right to discovery in criminal cases and outlining harmless error analysis).
People v. Kowalski, 492 Mich 106 (establishes standards for admitting expert evidence).
People v. Ackley, 336 Mich App 586 (expert can offer opinion on ultimate issue within their expertise but not legal conclusions).
People v. Peterson, 450 Mich 349 (permits expert testimony on "delayed disclosure" in child abuse cases to assist jury).