Case Study: Jacqueline Fishbein Vs. Robert Fishbein

The Honorable Judge Robert B. Reed, J.S.C., Superior Court of New Jersey accepted Mr. Zwirn’s qualifications as an expert in alarm systems and alarm science, which includes the forensic study of alarm systems, pursuant to N.J.R.E. 702, in the matter of Jacqueline Fishbein, Plaintiff, v. Robert Fishbein, Defendant.

The Court does not find Mr. Hughes’ testimony to be credible; the Court finds Mr. Zwirn’s testimony to be credible.

Finally, the Court gives no weight to the opinion of Mr. Hughes. He is a qualified expert at installing alarm systems, who merely relied upon the event log to reach his conclusions. Those conclusions are uncorroborated and unpersuasive. As Mr. Zwirn’s sworn testimony established, however, the event log does not give a conclusive report of a person entering or exiting the home. The event log merely records the events that are detected by the control panel. Mr. Zwirn demonstrated four relatively simple methods to temporarily disable one of the sensors, allowing the individual to pass in and out of the home without any evidence of being recorded on the log, i.e. undetected. Additionally, Defendant could have left undetected by the alarm through the unalarmed front door.

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