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656 KB
Extraction Summary
3
People
3
Organizations
0
Locations
1
Events
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Relationships
4
Quotes
Document Information
Type:
Legal motion / court filing
File Size:
656 KB
Summary
This document is page 4 of a legal filing (Document 393) dated October 29, 2021, in the case of United States v. Ghislaine Maxwell. It is a motion filed by the defense to preclude law enforcement witnesses from providing expert opinion testimony, arguing that the government should be limited to its two disclosed experts, Dr. Lisa Rocchio and Steven Flately. The motion cites case law (United States v. Mejia) to argue against 'skilled witnesses' who act as both fact and expert witnesses.
People (3)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant/Movant |
Filing a motion to preclude expert opinion testimony from law enforcement witnesses.
|
| Dr. Lisa Rocchio | Expert Witness |
One of only two witnesses endorsed and disclosed by the government to offer expert opinion testimony.
|
| Steven Flately | Expert Witness |
One of only two witnesses endorsed and disclosed by the government to offer expert opinion testimony.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States Government |
Prosecution/Plaintiff in the case
|
|
| Second Circuit Court of Appeals |
Referenced in case law citation (United States v. Mejia)
|
|
| Department of Justice |
Inferred from footer stamp 'DOJ-OGR'
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Timeline (1 events)
2021-10-29
Filing of Document 393 in Case 1:20-cr-00330-PAE
Court (Southern District of New York implied by case number)
Relationships (2)
Government endorsed and disclosed Dr. Rocchio as an expert witness.
Government endorsed and disclosed Steven Flately as an expert witness.
Key Quotes (4)
"Ghislaine Maxwell moves... to preclude any expert opinion testimony from law enforcement witnesses."Source
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Quote #1
"“[t]he Government cannot satisfy its burden of proof by taking the easy route of calling an ‘expert’ whose expertise happens to be the defendant.”"Source
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Quote #2
"Ms. Maxwell files this motion to limit the government’s expert witnesses to those who were properly disclosed and endorsed as experts..."Source
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Quote #3
"The government has endorsed and disclosed only two witnesses who may offer expert opinion testimony under Rule of Evidence 702—Dr. Lisa Rocchio and Steven Flately."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,850 characters)
Case 1:20-cr-00330-PAE Document 393 Filed 10/29/21 Page 4 of 10
Ghislaine Maxwell moves under Federal Rules of Evidence 701, 702, and 704, and Federal Rule of Criminal Procedure 16, to preclude any expert opinion testimony from law enforcement witnesses.
INTRODUCTION
Beginning in the 1980s, “a new type of ‘skilled witness’ began emerging: the law enforcement officer.” United States v. Mejia, 545 F.3d 179, 189 (2d Cir. 2008). The Second Circuit has recognized that this phenomenon has led to significant problems. Id. at 188-93. “[W]hen those officer experts come to court and simply disgorge their factual knowledge to the jury, the experts are no longer aiding the jury in its factfinding; they are instructing the jury on the existence of the facts needed to satisfy the elements of the charged offense.” Id. at 191.
But “[t]he Government cannot satisfy its burden of proof by taking the easy route of calling an ‘expert’ whose expertise happens to be the defendant.” Id.; see U.S. Const. amends. V, VI. Nor can the government circumvent the disclosure and discovery requirements of the Federal Rules of Criminal Procedure and bypass this Court’s gatekeeping role under Federal Rule of Evidence 702 by offering what is, in fact, expert opinion from law enforcement officers who are purportedly only testifying as lay witnesses.
Ms. Maxwell files this motion to limit the government’s expert witnesses to those who were properly disclosed and endorsed as experts, and to prevent the government from lessening its burden of proof by relying on the supposed expert opinions of undisclosed and unqualified law enforcement officers.
FACTUAL BACKGROUND
The government has endorsed and disclosed only two witnesses who may offer expert opinion testimony under Rule of Evidence 702—Dr. Lisa Rocchio and Steven Flately.
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