Free Motion for Discovery - District Court of Colorado - Colorado

Case 1:00-cr-00310-WYD

Document 426

Filed 05/10/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Action No. 00cr00310WYD UNITED STATES OF AMERICA, Plaintiff, v. RICARDO GONZALEZ, Defendant.

REQUEST FOR NOTICE OF INTENT TO CALL EXPERT WITNESSES AND DISCOVERY PURSUANT TO RULE 16(a) (1) (D) and (E), Fed.R.Crim.P.

Ricardo Gonzalez, moves for the entry of an order directing the government to notify the defense of its intent to call expert witnesses pursuant to Rule 702, 703 or 705, F.R.E., and for each such expert witness, discovery as provided for in Rule 16(a)(1)(D) and (E), Fed.R.Crim.P. AS GROUND THEREFORE, the Defendant states as follows: 1. Fed.R.Crim.P. Rule 16(a) (1) (D) states in pertinent part: (D) Reports of examinations and tests. Upon request of a defendant the Government shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody or control of the Government, the existence of which is known, or by the exercise of due diligence may become known, to the

Case 1:00-cr-00310-WYD

Document 426

Filed 05/10/2007

Page 2 of 4

attorney for the Government, and which are material to the preparation of the defense or are intended for use by the Government as evidence in chief at the trial. 2. Fed.R.Crim.P. Rule 16(a) (1) (E) states in pertinent part: (E) Expert Witnesses. At the defendant's request, the Government shall disclose to the defendant a written summary of testimony the Government intends to use under Rule 702, 703, or 705 of the Federal Rules of Evidence during its case in chief at trial...The summary provided under this subdivision shall describe the witnesses' opinions, the bases and the reasons for those opinions, and the witnesses' qualifications. (emphasis added) 3. The material to which defendant is entitled to pursuant to Rule 16

Fed.R.Crim.P., both with respect to scientific and other expert testimony, is essential to determine whether a challenge to the admissibility of such testimony is appropriate under either Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) or Kumho Tire v. Carmichael, 119 S.Ct.1167; 1999 U.S. LEXIS 2189; 143 L.Ed.2d 238; 67 U.S.L.W. 4179 (1999). 4. In order to make a timely request for a hearing under Daubert or

Kumho Tire, supra, or for the services of a chemist or other expert witness to assist the defense, Defendant requests the Court to direct the Government to provide this information at least sixty (60) days before trial.

Case 1:00-cr-00310-WYD

Document 426

Filed 05/10/2007

Page 3 of 4

WHEREFORE, Defendant prays for the relief requested, and for such other and further relief as to the Court seems just and proper in the premises.

Respectfully submitted, s/ Mitchell Baker______ Mitchell Baker Attorney for Defendant Gonzalez 1543 Champa Street, Suite 400 Denver, CO 80202 (303)592-7353 [email protected]

Case 1:00-cr-00310-WYD

Document 426

Filed 05/10/2007

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of May, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address:

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Richard James Banta [email protected],[email protected] James R. Boma [email protected],[email protected],[email protected] ov J. Michael Dowling [email protected] Dennis W. Hartley [email protected] Neil E. MacFarlane [email protected] John F. Sullivan , III [email protected]