That is where the integrity of the Judge would come in. The Judge is the gatekeeper on expert testimony, subject to judicial review. An expert has to have experience and build upon peer reviewed science or expertise. So, a retired FBI agent who had examined thousands of digital photos is an expert. A Durham detective who bought his first camera phone last year is not. While I am apalled by Nifong, I am not ready to conclude that every person of authority in Durham is without standards.
I sincerely hope you're right.