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601 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
601 KB
Summary
A page from a court transcript (Case 1:20-cr-00330-PAE) dated August 10, 2022, detailing a discussion between the prosecution (Mr. Rohrbach), the defense (Ms. Menninger), and the Judge regarding expert witness Mr. Flatley. The discussion focuses on the scope of Mr. Flatley's expertise, specifically regarding forensic principles, digital document storage, and metadata, and whether proper notice was given to the defense regarding his opinions. The Judge instructs that any differing expert opinions on these technical matters must be noticed.
People (4)
| Name | Role | Context |
|---|---|---|
| Mr. Flatley | Expert Witness |
Subject of discussion regarding his expert qualifications, prior testimony in four other cases, and scope of his opin...
|
| Mr. Rohrbach | Attorney (Government/Prosecution) |
Addressing the court regarding Mr. Flatley's qualifications and expert notice.
|
| Ms. Menninger | Attorney (Defense) |
Responding to the court's ruling regarding Mr. Flatley's testimony.
|
| The Court | Judge |
Presiding over the discussion and issuing instructions regarding expert notice.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| DOJ |
Indicated by Bates stamp prefix DOJ-OGR
|
Timeline (1 events)
2022-08-10
Court hearing regarding expert witness testimony scope
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Implied by court reporter name and case context
|
Relationships (2)
Mr. Rohrbach is defending Mr. Flatley's qualifications and the government's expert notice.
Ms. Menninger is raising potential objections to Mr. Flatley offering opinions during testimony.
Key Quotes (3)
"Mr. Flatley is qualified as an expert in some of those four cases, which highlights the vagaries of this line"Source
— Mr. Rohrbach
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Quote #1
"If he's got some differing expert opinion as to forensic principles or creation of documents or storage and retrieval of digital documents, or what information can be gleaned from metadata generally, I think you should notice those opinions."Source
— The Court
DOJ-OGR-00011645.jpg
Quote #2
"something that's outside the bounds of the government axe pert notice"Source
— Mr. Rohrbach
DOJ-OGR-00011645.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,514 characters)
Case 1:20-cr-00330-PAE Document 739 Filed 08/10/22 Page 24 of 43 24
LBNAMAXTps
LBNAMAXTps
1 in an abundance of caution, and also identified for the defense
2 four other cases in which Mr. Flatley has testified on a
3 similar topic so they can see --
4 THE COURT: That includes his ex-- to the extent it
5 crossed over into expert opinion about methodology, for
6 example --
7 MR. ROHRBACH: If I may have a minute, your Honor.
8 Mr. Flatley is qualified as an expert in some of those
9 four cases, which highlights the vagaries of this line, and it
10 provides information about the bases of his opinion about these
11 topics.
12 To the extent that there is an issue that is not
13 raised, either in the government's expert notice or 3500, or in
14 the similar exemplars we've given the testimony, that might be
15 something that's outside the bounds of the government axe pert
16 notice, depending on exactly what it is.
17 THE COURT: So I think what we need to do is, you have
18 your expert look at the testimony that he's provided. If he's
19 got some differing expert opinion as to forensic principles or
20 creation of documents or storage and retrieval of digital
21 documents, or what information can be gleaned from metadata
22 generally, I think you should notice those opinions. But
23 absent that, we'll let it play out. OK.
24 MS. MENNINGER: Certainly, your Honor. And obviously
25 if Mr. Flatley attempts to offer opinions during his testimony
2 four other cases in which Mr. Flatley has testified on a
3 similar topic so they can see --
4 THE COURT: That includes his ex-- to the extent it
5 crossed over into expert opinion about methodology, for
6 example --
7 MR. ROHRBACH: If I may have a minute, your Honor.
8 Mr. Flatley is qualified as an expert in some of those
9 four cases, which highlights the vagaries of this line, and it
10 provides information about the bases of his opinion about these
11 topics.
12 To the extent that there is an issue that is not
13 raised, either in the government's expert notice or 3500, or in
14 the similar exemplars we've given the testimony, that might be
15 something that's outside the bounds of the government axe pert
16 notice, depending on exactly what it is.
17 THE COURT: So I think what we need to do is, you have
18 your expert look at the testimony that he's provided. If he's
19 got some differing expert opinion as to forensic principles or
20 creation of documents or storage and retrieval of digital
21 documents, or what information can be gleaned from metadata
22 generally, I think you should notice those opinions. But
23 absent that, we'll let it play out. OK.
24 MS. MENNINGER: Certainly, your Honor. And obviously
25 if Mr. Flatley attempts to offer opinions during his testimony
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00011645
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