United States v. Ashburn

88 F. Supp. 3d 239, 2015 U.S. Dist. LEXIS 20625, 2015 WL 739928
CourtDistrict Court, E.D. New York
DecidedFebruary 20, 2015
DocketNo. 11-CR-0303 (NGG)
StatusPublished
Cited by20 cases

This text of 88 F. Supp. 3d 239 (United States v. Ashburn) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ashburn, 88 F. Supp. 3d 239, 2015 U.S. Dist. LEXIS 20625, 2015 WL 739928 (E.D.N.Y. 2015).

Opinion

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

By letter dated December 16, 2014, the Government notified Defendants Jamal Laurent, Yasser Ashburn, and Trevelle Martin pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G) that it expects to call Detective Salvatore LaCova to provide expert testimony at trial in the field of firearms identification and microscopic analysis. (Ltr. Providing Notice of Expert Testimony (Dkt. 242).) Counsel for Defendant Jamal Laurent has moved in limine to preclude LaCova from testifying, arguing that the field fails to meet the standard for admission of expert testimony under Federal Rule of Evidence 702, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). (Jan. 25, 2015, Mot. in Limine to Preclude Ballistics Expert or Limit Expert Testimony (“Mot.”) (Dkt. 303).) As an alternative to complete exclusion, Laurent moves for an order limiting LaCova’s testimony in certain respects. (Id. at 1.) In addition, Laurent seeks a hearing “in which the Government would be required to provide a proper foundation for the Government’s proposed expert’s testimony.” (Id.) In response, the Government argues that' LaCova’s field qualifies for expert testimony under Rule 702, that the testimony should not be limited in any respect, and that a hearing is not necessary. (Feb. 3, 2015, Resp. in Opp’n to Mot. (“Opp’n”) (Dkt. 310).) Laurent filed a reply in further support of his motion. (Feb. 6, 2015, Reply to Resp. to Mot. (“Reply”) (Dkt. 325).)

For the reasons that.follow, Laurent’s motion is GRANTED in part and DENIED in part.

I. THE PROFFERED EXPERT TESTIMONY

Although Laurent moved to exclude expert ballistics evidence in connection with four racketeering acts (Mot. at 1), the Government apparently intends to introduce expert ballistics evidence with respect to only one of those acts, the June 19, 2010, shooting death of Brent Duncan (Opp’n at 2-3).1 According to the Government, the shooter left at the scene of the crime numerous cartridge casings and bullets, which were recovered by the New York Police Department (“NYPD”); the NYPD also recovered three deformed bullets during a subsequent autopsy of Duncan. (Id. at 1.) On June 21, 2010, in connection with the reported firing of a weapon inside of Laurent’s apartment, the NYPD recovered from Laurent a 9 mm Smith & Wesson gun, thirteen rounds of ammunition, and a deformed bullet that had been discharged inside the apartment. (Id. at 2.)

On January 6, 2015, the Government provided to Laurent a microscopic analysis report prepared by LaCova. (See Ltr. Providing Expert Report (Dkt. 256).) [242]*242Consistent with the report, which has also been provided to the court, the Government anticipates that LaCova’s testimony will include his conclusions that all of the cartridge casings and deformed bullets recovered in connection with the Duncan murder that were suitable for analysis were fired from the gun recovered from Laurent’s bedroom. (Opp’n at 2.) In the report, LaCova reached the following conclusions regarding the “microscopic examination and comparison” that he performed:

(1) all ten cartridge casings recovered in connection with the Duncan murder were fired from the gun from Laurent’s bedroom ‘based on sufficient agreement of Firing Pin and Breechface Impressions’; and (2) all of the deformed bullets recovered in connection with the Duncan murder that were suitable for analysis were fired from the gun from Laurent’s bedroom ‘based on sufficient agreement of class and individual characteristics in Land and Groove Impressions.’

(Id. at 3 (quoting LaCova Report).)

The Government has also disclosed La-Cova’s qualifications to Defendants. (See Ltr. Providing Notice of Expert Testimony.) While the Government has yet to make such a showing to the court, the Government characterizes Laurent’s challenge as unrelated to LaCova’s qualifications to testify, but rather as related to “the principles and methods of the entire NYPD Firearms Analysis Section and any other laboratory that follows the principles and methods of firearm identification and microscopic ballistic analysis adopted by the AFTE [Association of Firearms and Toolmark Examiners].” (Opp’n at 3 n. 4.) Thus, the question is not whether LaCova properly qualifies as an expert in his field, but whether the field of firearm identification and microscopic ballistic analysis, also known as toolmark and firearms identification, is a proper topic for expert testimony in this case.

II. LEGAL STANDARD

Federal Rule of Evidence 702 provides that:

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case.

Fed.R.Evid. 702. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the United States Supreme Court held that prior to admitting expert evidence under Rule 702, the district court must make a preliminary assessment of “whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Id. at 593-94, 113 S.Ct. 2786. The Court referred to a non-exhaustive list of factors that a trial court may consider in reviewing the reliability of proffered expert testimony: (1) whether the theory or technique used by the expert can be, or has been, tested; (2) whether the theory or technique has been subjected to peer review or publication; (3) the known or potential rate of error of the method used; (4) whether there are standards controlling the technique’s operation; and (5) whether the theory or method has been generally accepted within the relevant community. Id. In Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 [243]*243(1999), the Supreme Court clarified that the Daubert analysis applies to every type of knowledge included in Rule 702, whether scientific, technical, or other specialized knowledge.

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Cite This Page — Counsel Stack

Bluebook (online)
88 F. Supp. 3d 239, 2015 U.S. Dist. LEXIS 20625, 2015 WL 739928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ashburn-nyed-2015.