Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams Street, Ste. 201 3 Phoenix, Arizona 85007 4 Telephone: (602) 382-2721 5 JEANETTE E. ALVARADO, #016111 Asst. Federal Public Defender 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 16 17 vs. Robert Shinn, et al., Defendant. Defendant, Robert Shinn, by and through undersigned counsel, respectfully requests this Court to preclude the Government's introduction of expert United States of America, Plaintiff, No. CR-04-0820-PHX-FJM DEFENDANT, ROBERT SHINN'S MOTION TO PRECLUDE TESTIMONY OF EXPERT WITNESS IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

18 witness testimony for failure to make the statutory disclosures. This Court ordered the Government to disclose expert witness testimony 19 20 by August 1, 2005. The Government provided their expert witness disclosures 21 attached to Exhibit "A". 22 Rule 16(a)(1)(G) provides that disclosures provided under this 23 subparagraph must describe the witnesses' opinions, the basis in reasons for those 24 opinions and the witnesses' qualifications 25 26 27 28 A review of Exhibit "A" show s that there is no indication of an opinion, there are no reasons for the opinions and there are no qualifications of the witnesses, as the document provides that C.V.'s will be provided. However, the C.V.'s were not provided.

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One of counsel's most basic discovery needs is to learn that an expert

2 is to testify. 1993 Amendment Comments pursuant to Rule 16(a). 3 CONCLUSION 4 5 6 7 8 9 10 11 12 13 14 15 16 Copy of the foregoing transmitted by CM/ECF 17 was 30th day of September, 2005, to: this 18 RACHEL C. HERNANDEZ and 19 GARY RESTAINO United States Attorney's Office 20 Two Renaissance Square 40 N. Central Avenue 21 Suite 1200 Phoenix, Arizona 85004-4408 22 23 BRUCE E. BLUMBERG, ESQ. 24 MICHAEL J. BESNEHAN, ESQ. 25 THOMAS M. HOIDAL, ESQ. 26 IVAN KURIAN MATHEW, ESQ. 27 GREGORY THOMAS PARZYCH 28
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It is respectfully requested that the Government be precluded from introducing expert witness testimony, as the expert report attached as Exhibit "A" fails to include the requisite information under Rule 16(a)(1)(G). See Rule 16(d)(2). It is expected that excludable delay under Title 18 U.S.C. § 316(h)(1)(F) will occur as a result of this motion or from an order based thereon. Respectfully submitted: September 30, 2005. JON M. SANDS Federal Public Defender

s/Jeanette E. Alvarado JEANETTE E. ALVARADO Asst. Federal Public Defender

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1 Copy mailed to: 2 ROBERT SHINN Defendant 3 4 s/ Jeanette E. Alvarado 5 JEANETTE E. ALVARADO 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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