t was nerve-racking. It was scary. His voice carried
an anxious rattle as he worried that an attorney would gleefully pinpoint
what he didn’t
know. Each time he testified, he felt like he was defending his dissertation
for his Ph.D. all over again.
But this time was different – no anxiety, no self-doubt. Expert witness
Donald Wilkinson ’54 was scheduled to testify on behalf of the defendant
in a DUI case, after gathering evidence showing that a combination of dentures
and residual food particles had interfered with the man’s breath alcohol
test. The opposition had hired a formidable expert witness – a chemist
and criminalist with the state police lab – who also happened to be Wilkinson’s
wife.
Although his wife had to bear witness in a different case on the
day the DUI case was to be heard, Wilkinson knew exactly how he would
have handled testifying opposite his spouse. “I would have just explained why she was wrong and
not have been able to go home that night,” he says, laughing.
A retired chemistry professor, Wilkinson has testified in 25 civil
and criminal cases at all levels of the court system in eight states,
throughout his career. His interest in forensics also led him to advise
the Delaware state police DUI program, identify harmful chemicals for
the Delaware Bureau of Narcotics and Dangerous Drugs, and develop traps
that filter and preserve breath alcohol for evidence. His company,
Toxtrap Inc., was created in 1981 to produce the traps.
While teaching chemistry at Delaware State University, Wilkinson
received a major grant from the National Institutes of Health that
led to an eight-year study on new methods for the analysis of drugs.
Soon after, he initiated a forensics course at the university that
taught students to analyze samples and defend their positions from
a witness box in an actual courtroom.
That’s when Wilkinson decided to get into the courtroom, too. “You
can’t teach a forensics course without testifying in court,” he
says. Eager to gain valuable courtroom experience, Wilkinson started
out by working as an expert witness and consultant for the Delaware
state police.
He soon realized that he relished the challenges an
expert witness faces in a courtroom. “You sit up in front of
everybody and you basically have one person out there to almost make
a fool out of you. One side is telling you you’re
an expert, and the other side is trying to find out what you don’t
know and catch your mistakes,” he says. “There’s
a certain excitement in it.”
There’s often a feeling of apprehension, too, Wilkinson says.
Making a mistake under oath can mean the end of an expert witness’s
career. Attorneys repeatedly reword questions in an attempt to find
inconsistencies in an expert witness’s testimony or to discover
something an expert witness might not know.
The second time Wilkinson testified as an expert witness, in a Rochester,
N.Y. courtroom, one attorney questioned him so much that the record
of his testimony amounted to 450 pages. Wilkinson claims that he
could fit all the information he knew about the topic on a single
page.
But no matter how many questions he’s asked, Wilkinson says
his ultimate goal is to tell the truth. While some expert witnesses
don’t always give
the full story, Wilkinson stands by his belief to be a seeker of
truth rather than a defender of faith. He stressed this message to
a group of scientists in Washington, D.C., in a talk titled “In
Search of Truth.”
Wilkinson remembers with fondness one of the late Dr. Edith Douds’ (professor
emerita of French) oft-spoken lines, “The mark of an educated
person is someone who does something they don’t want to do
and does it well.” This
phrase became one of three principles that guide his professional
life, he says. The others are to compensate for his weaknesses and
not take himself too seriously.
After 42 years of teaching at the high school and college levels,
33 publications, more than 50 professional presentations and $4.5
million in grants, Wilkinson retired from Delaware State University
in 2003. While he says he’s
glad to be free of the tightly scheduled life of a professor, he remains
active in chemistry research at DSU, continues quality control work at Toxtrap
Inc., and reflects on his numerous activities.
“Life’s not very thrilling if you don’t use the ability you
have,” he says.