The state of Colorado follows the Daubert test for the admissibility of expert witness testimony. People v. Prieto, 124 P.3d 842 (Colo. App. 2005). This rule requires that the court focus on the “reliability and relevance of the proffered testimony.” Id. To determine the reliability and relevance of the testimony, the court should consider: “(1) the reliability of the underlying scientific principles; (2) the qualifications of the expert witness; and (3) the usefulness of the testimony to the jury.” Id. Given that expert testimony is frequently based on methodologies and knowledge superior to a layman’s, the court should assure that an expert’s testimony is helpful and reliable for the jury before it admits it. Id. Also, the court should consider the expert’s special training and experience when the court is determining the “reliability of the underlying scientific principles.” Id.
