Opinion
NO.3:10-cr-260 (12)
04-10-2012
UNITED STATES OF AMERICA v. FATAH HAJIHASHI (12)
JUDGE HAYNES
DEFENDANT FATAH HAJI HASHI's
MOTION TO EXCLUDE NEWLY DISCLOSED EXPERT TESTIMONY
AND TEST RESULTS
Comes Defendant Fatah Haji Hashi, through appointed counsel, and moves the Court to concerning expert testimony from Michael J. Spellman, M.D., and James Lewis, M.D. Discovery concerning these experts involve x-ray analysis to approximate the chronological age of JD2 was received late afternoon on April 8, 2012.
Background
On Easter Sunday, April 8, 2012, in late afternoon, undersigned counsel received several e-mails from Assistant U.S. Attorney Van Vincent advising of two new expert witnesses and reports related to an estimation of JD2's age. The expected expert testimony is based on a forensic analysis of x-rays of JD2's wrists and jaw. There had been no previous disclosure or hint that Drs. Spellman and Lewis would be experts in this case.
The reports reflect that the x-rays and analysis was conducted on April 7, 2012 and printed on April 7,2012.
Later on the afternoon of April 8, 2012, undersigned counsel received a phone call from Mr. Vincent concerning his e-mails. During the course of the conversation, Mr. Vincent offered to provide undersigned counsel a copy of a CD related to the anticipated expert testimony. At approximately 5:30 PM, Mr. Vincent arrived and delivered the CD and a paper copy of the report