United States v. Thomas

214 F. Supp. 3d 187, 101 Fed. R. Serv. 850, 2016 WL 5940364, 2016 U.S. Dist. LEXIS 145711
CourtDistrict Court, E.D. New York
DecidedOctober 7, 2016
Docket16-CR-147 (WFK)
StatusPublished
Cited by4 cases

This text of 214 F. Supp. 3d 187 (United States v. Thomas) 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. Thomas, 214 F. Supp. 3d 187, 101 Fed. R. Serv. 850, 2016 WL 5940364, 2016 U.S. Dist. LEXIS 145711 (E.D.N.Y. 2016).

Opinion

MEMORANDUM AND ORDER

WILLIAM F. KUNTZ, II, United States District Judge:

On September 9, 2016, Bernard Thomas (“Defendant”), was charged by a Superseding Indictment with one count of Felon in Possession of Ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On October 4, 2016, the Court held a hearing on Defendant’s notice of intent to call an expert witness and the Government’s motions in limine. The Court hereby DENIES Defendant’s intent to call an expert witness, and GRANTS-IN-PART and DENIES-IN-PART the Government’s motions in limine.

BACKGROUND

On September 9, 2016, Defendant was charged by a Superseding Indictment with one count of Felon in Possession of Ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). ECF No. 79 (“Superseding Indictment”). On September 22, 2016, Defendant was arraigned before Chief Magistrate Judge Mann and pleaded Not Guilty to the Superseding Indictment. ECF No. 82.

Defendant was previously indicted and tried before a jury. Judge Korman presided over Defendant’s first trial, which began on July 28, 2016. ECF Nos. 62, 63, 64. The jury was unable to reach a unanimous verdict after deliberating for two days. ECF No. 65, 66. On August 3, 2016, Judge Korman declared a mistrial. ECF No. 66. On August 17, 2016, the case was reassigned to this Court. ECF Entry Dated August 17, 2016. Trial is scheduled to begin on October 11, 2016. ECF Entry Dated August 19, 2016.

On September 19, 2016, Defendant filed a notice of intent to call Dr. Brian Cutler as an expert witness. ECF No. 81 (“Not.”). At the October 4, 2016 conference before the Court, the Government stated its intention to file a motion in limine requesting preclusion of Dr. Cutler’s testimony.

On September 26, 2016, the Government filed motions in limine, requesting the Court: (1) preclude Defendant from asserting a public authority defense; (2) admit evidence relating to a February 29, 2016 shooting in Queens, New York; (3) preclude Defendant from referring to the pri- or trial, but permit Defendant to reference a “prior proceeding”; and (4) admit evidence of Defendant’s prior convictions under Federal Rules of Evidence 404(b) and by cross examination of Defendant should he testify under Rule 609. ECF No. 85 (“Mot.”). On September 30, 2016, Defen[191]*191dant filed a memorandum in opposition to the Government’s motions in limine. EOF No. 87 (“Opp.”).

For the following reasons, the Court DENIES Defendant’s request to call an expert witness, and GRANTS-IN-PART and DENIES-IN-PART the Government’s motions in limine.

DISCUSSION

I. Defendant’s Motion to Call an Expert Witness

Defendant seeks to call Dr. Brian Cutler as an expert witness “in the field of interrogation and false confessions.” Not. at 1. According to Defendant’s notice of intent to call an expert witness, Dr. Cutler would testify on: (1) “specific interrogation techniques and the relation of those techniques to false statements made by those interrogated” and (2) “the guilt-presumptive nature of the interrogation and the use of persuasion and coercion to attempt to obtain an admission of guilt.” Id.

The decision to admit or to exclude expert testimony falls squarely within the discretion of the trial court. United States v. Lumpkin, 192 F.3d 280, 289 (2d Cir. 1999) (“A decision to exclude expert testimony rests soundly with the discretion of the trial court and shall be sustained unless manifestly erroneous.” (internal citation and quotation marks omitted)). Under Federal Rule of Evidence 702, the Court must determine whether the proposed expert witness is qualified based ón the following factors:

(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; see also Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) (holding the Court must “ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable”).

Here, the Court finds Dr. Cutler’s proposed testimony is within the common knowledge of the trier of fact. An expert must demonstrate “knowledge, skill, experience, training, or education” that will help the factfinder. Fed. R. Evid. 702. Expert witnesses are unnecessary when the factfinder is “as capable of comprehending the primary facts and of drawing correct conclusions from them as are witnesses possessed of special or peculiar training.” Salem v. U.S. Lines Co., 370 U.S. 31, 35, 82 S.Ct. 1119, 8 L.Ed.2d 313 (1962). Dr. Cutler’s proposed testimony about the relationship between interrogation techniques and false statements and the guilt-presumptive nature of the interrogation is within the common knowledge of the factfinder. The jury is competent to take into consideration the effects of interrogation without the aid of an expert.

In addition, the Court finds Dr. Cutler’s proposed testimony would supplant his opinion for that of the factfinder. If Dr. Cutler were permitted to testify about the relationship between interrogation techniques and false statements and the guilt-presumptive nature of the interrogation, he would substitute his opinion as to the credibility and testimony of the witnesses in place of the jury’s. As such, Dr. Cutler’s testimony is inappropriate expert testimony because it would usurp the jury’s role. See United States v. Duncan, 42 F.3d 97, 101 (2d Cir. 1994) (holding expert wit[192]*192nesses “act[] outside of [their] limited role” when they “attempt!] to substitute [their] judgment for the jury’s”).

The exclusion of Dr. Cutler’s testimony does not leave Defendant without protection. Cross-examination of witnesses is sufficient to achieve the same effect as the proposed testimony of Dr. Cutler. See Davis v. Alaska, 415 U.S. 308

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Bluebook (online)
214 F. Supp. 3d 187, 101 Fed. R. Serv. 850, 2016 WL 5940364, 2016 U.S. Dist. LEXIS 145711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thomas-nyed-2016.