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Extraction Summary
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People
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Locations
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Events
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Quotes
Document Information
Type:
Legal document
File Size:
709 KB
Summary
This legal document is a portion of a court filing, likely a motion or response, arguing for the admissibility of expert testimony from a Dr. Rocchio. The filing refutes the defense's arguments that Dr. Rocchio's opinion is outside her expertise and that her testimony would improperly influence the jury by opining on witness truthfulness. The document asserts that her testimony on the long-term consequences of abuse is relevant and will aid the jury in understanding the evidence at trial.
People (1)
| Name | Role | Context |
|---|---|---|
| Dr. Rocchio | Expert |
An expert whose testimony on the long-term consequences of abuse is being debated for admissibility in a legal case. ...
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Organizations (1)
| Name | Type | Context |
|---|---|---|
| The Government | government agency |
Mentioned as the party that produced Dr. Rocchio's Jencks Act material and conducted interviews with her. Appears to ...
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Timeline (1 events)
Relationships (2)
The Government is using Dr. Rocchio as an expert witness and has conducted interviews with her to prepare for her testimony.
The defense is actively arguing to exclude Dr. Rocchio's expert testimony from the trial.
Key Quotes (6)
"no experience treating alleged perpetrators,"Source
— The defense
(Part of the defense's argument that Dr. Rocchio's opinion is outside her expertise.)
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Quote #1
"her view . . . is entirely one-sided."Source
— The defense
(The defense's conclusion based on Dr. Rocchio's alleged lack of experience with perpetrators.)
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Quote #2
"opinion that the alleged victims in this case are testifying truthfully,"Source
— The defense
(The defense's characterization of Dr. Rocchio's testimony, arguing it violates Rule 704.)
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Quote #3
"risks jurors accepting her ‘expert’ opinion as gospel at the expense of their duty to evaluate the evidence."Source
— The defense
(The defense's argument that Dr. Rocchio's testimony violates Rule 403.)
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Quote #4
"[r]epeated exploitation and abuse can increase the likelihood of victimization later in life and can result in long-term traumatic and psychological consequences, especially when it occurs in the context of complex trauma."Source
— Dr. Rocchio
(A summary of Dr. Rocchio's expected testimony on the long-term consequences of abuse, quoted from a defense motion exhibit.)
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Quote #5
"The Government is producing notes from the Government’s interviews with Dr. Rocchio today as well."Source
— The Government
(A statement from a defense motion exhibit indicating the production of Jencks Act material related to Dr. Rocchio.)
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Quote #6
Full Extracted Text
Complete text extracted from the document (2,119 characters)
Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 24 of 84
The defense argues that this opinion is outside Dr. Rocchio’s expertise because she has “no experience treating alleged perpetrators,” so “her view . . . is entirely one-sided.” (Id.). As is clear from the above excerpt, her testimony is about largely about trust and attachment built in victims, and the resultant ways in which victims process abuse. But she is also an expert in the actions and techniques of perpetrators through her review of the literature and the lens of what she has learned through victims. This opinion is therefore squarely within Dr. Rocchio’s expertise.
Finally, the defendant argues that this testimony violates Rule 704, because it is an “opinion that the alleged victims in this case are testifying truthfully,” and 403, because it “risks jurors accepting her ‘expert’ opinion as gospel at the expense of their duty to evaluate the evidence.” (Def. Mot. 3 at 13). Dr. Rocchio has not evaluated the victims in this case and will not express an opinion as to whether they are testifying truthfully. And the defense motion is entirely unclear on the features of this expert opinion that create risk that the jurors would abdicate their responsibilities. To the contrary, the defense concerns underscore how relevant this opinion will be in aiding the jurors in understanding the testimony at trial.
3. Dr. Rocchio’s Opinion on the Long-Term Consequences of Abuse is Admissible
Dr. Rocchio will also testify that “[r]epeated exploitation and abuse can increase the likelihood of victimization later in life and can result in long-term traumatic and psychological consequences, especially when it occurs in the context of complex trauma.” (Def. Mot. 3 Ex. 1 at 2). As Dr. Rocchio will explain, and as is detailed in her Jencks Act material⁶, experiencing child
Dr. Rocchio will also testify that “[r]epeated exploitation and abuse can increase the likelihood of victimization later in life and can result in long-term traumatic and psychological consequences, especially when it occurs in the context of complex trauma.” (Def. Mot. 3 Ex. 1 at 2). As Dr. Rocchio will explain, and as is detailed in her Jencks Act material⁶, experiencing child
⁶ The Government produced Dr. Rocchio’s Jencks Act material to the defense at the time of the expert notice. (See Def. Mot. 3 Ex. 1 at 2 (“The Government is producing notes from the Government’s interviews with Dr. Rocchio today as well.”)).
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