|

EXPERT WITNESS TESTIMONY
AND CASES:
Since my retirement from the United States Department of Justice on 1/1/1990,
I have been retained as an expert witness and trial consultant on more
than 200 occasions, 90 percent of these cases have been resolved before
trial. A list of Cases requiring my testimony and/or my submission of
affidavits and/or reports during the past four years, as per Rule 26,
are as follows:
GA v HELEN YVETTE PERKINS: retained by defendant. Issues:
Substandard Interdiction Investigative Tactics by police. Report opinion
also encompassed substandard Interrogation and Interview Tactics, resulting
in the obfuscation of Exculpatory Evidence. Attorneys for client: Lee
Sexton, Atlanta GA.
HAMILTON V HALL: Retained by Plaintiff. Issues: CIVIL
RICO complaint. Police agencies engaging in abuse of power, substandard
informant handling, substandard undercover tactics, unlawful use of force,
substandard police supervision, absence of oversight and supervision,
violations of police rules and standards of conduct etc. Attorney: J.
Michael Southerland, Plymouth MI.
NJ v LUIS QUESADA: Retained by Defendant. Issues:
Substandard informant handling, entrapment, substandard investigative
reporting, substandard supervision and oversight of police narcotics unit,
substandard undercover tactics. Attorney Louis Zayas. Hackensack NJ.
US v ROGELIO OJEDA QUINTERO: Retained by defendant.
CJA court appointed. Issues: Blind Mule Defense, and Substandard Interdiction
Investigative Tactics by ICE. Testimony also encompassed substandard Interrogation
and Interview Tactics, resulting in the obfuscation of Exculpatory Evidence.
Testified at criminal trial San Diego, CA. Attorney John Lemon, San Diego
CA.
US V YEPIZ: retained (CJA court appointed) by defense.
Wiretap, RICO, Conspiracy charges. Issues: substandard investigative procedures
in investigation involving coordinated wiretap, informant undercover action.
Attorney Greg Nicolaysen, Los Angeles, CA.
US V JAMES ALLEN LEYSTRA Issues: Blind Mule Defense,
and Substandard Interdiction Investigative Tactics by ICE. Testimony also
encompassed substandard Interrogation and Interview Tactics, resulting
in the obfuscation of Exculpatory Evidence. Testified at criminal trial
Federal Court, Seattle WA 2/4-2/5/08. Defense Attorney, Jesse Cantor,
Seattle WA.
KEANE v US Issues: False arrest. Substandard Controlled
Delivery tactics employed by DEA. Substandard corroborative investigation.
Substandard procedures. Attorney. Retained by plaintiff Carl Keane. San
Francisco, CA.
US V BERNARDO LACOUR: retained by defense. Issues:
Substandard informant handling and corroboration by FBI. Informant Entrapment.
Attorney: Hugo Rodriguez, Miami, Florida.
NJ v LUIS QUESADA... Retained by defense. Issues:
Substandard informant handling, corroboration and controls. No use of
expert testimony in prior trial resulting in appeal based upon ineffective
assistance. Attorney handling the appeal. Luis Zayas, Hackensack, NJ.
US v DANA LEE: Court appointed, CJA, for defense:
Issues: Substandard informant handling, corroboration, reporting and undercover
tactics, by SFPD. Attorney Brian Berson, San Francisco, CA.
Colorado v BRAUNGER. Issues: Review and Expert Witness
report as to Interrogation tactics and overall adherence to search-for-truth
principals in an investigation involving charges of assault and robbery.
Attorney: Richard Hostetler, Denver Colorado.
US v Allan Dotson, San Diego Federal Court. Issues:
Substandard Undercover and Informant Handling, Interview and Control Tactics
[enabling of entrapment]; Substandard corroborative investigation. By
report. Attorney Nancee Schwartz, San Diego, CA. (CJA appointed)
US v Hector Gutierrez - Federal Court, Southern District
of California, San Diego. Issues: Substandard Undercover and Informant
Handling, Interview and Control Tactics [enabling of entrapment]; Substandard
corroborative investigation. Testimony at trial also covered international
drug smuggling tactics. Attorney Eugene Iredale, San Diego, CA. (Also
see: "King Rat" article by Michael Levine).
CARLSON v US - Federal District Court, San Diego,
CA, - Civil law suit involving improper management, control and corroboration
of a criminal informant, police misconduct, use of force; Substandard
tactics during execution of search warrants; substandard internal affairs
investigation [cover-up] and other issues pertaining to a multi-agency,
Federal raid on the premises of Donald Carlson. Attorney Jeremiah Coughlin,
San Diego. By report. [Settlement of $2.5 million based upon expert witness
report and negotiations].
US v Raul Martinez, Federal Court Northern District
of Calif., by Expert Affidavit, CR-99-20164 RMW - Issues: Substandard
use, control, interviews and corroboration by FBI, of a Jailhouse Snitch
and an undercover informant to entrap. Public Defenders Office, San Jose,
California. Judge accepted expert affidavit during sentencing.
US v John Mull, US Dist. Court, Nebraska 4:99CR3043
6/2000 (Nebraska Public Defender). Failure by Nebraska police to manage,
control, interview and corroborate an undercover criminal informant as
per national standards and training, during a "controlled" crack
buy. Testified at Trial. (CJA appointed)
PELLEGRINO v US, Southern District Federal Court
of California, San Diego - Justice Judith Keep. (May, 1997). Civil law
suit, Illegal use of deadly force by undercover US customs agent in the
killing of John Pellegrino; indications of false statements, cover-up
and substandard investigative report writing procedures; improper surveillance
and investigative tactical procedures; substandard high risk stop tactics;
improper hiring and background investigation. By report and testimony
at trial. Attorney, Katherine Meadows, San Diego.
US v Martin Ortegon et al, [Mexican Mafia] Federal
Dist. Court, San Antonio, Texas, 2/17/99. Failure by FBI to adhere to
national standards in the investigation, interviews and corroboration
of Jailhouse Informant testimony, in RICO, homicide case. By testimony
at trial. Attorney: Marina Thais-Douenat, San Antonio, Texas.
US IMMIGRATION v Larry Masters, by affidavit. Opinion
for Immigration Court as to whether actions of defendant constituted 1/4/2000
constituted felony violation of narcotic laws. Expert Affidavit indicating
substandard and flawed investigative methods and reasoning used to reach
conclusion that Masters was "dealing" drugs. By report.
US v Angel Garcia Shober, US district Court Southern
District of California. Civil Case No. 99cv1669-IEG - Crim. Case No. 93cr124-IEG.
Issues: Defendants were offshoot of a major RICO, drug trafficking, money
laundering investigation by FBI into the Cali drug cartel. Expert Affidavit
submitted for appeal brief, indicating investigative, undercover and informant
handling procedures that were well below acceptable standards of law enforcement
and enabling of false testimony and entrapment. Affidavit. Attorney, Janice
Deaton.
MILTON BAJANA v City of New York, by affidavit, (Civil
matter) August 2, 2000, Eastern District Federal Court, Brooklyn, New
York. Issue: Blind Mule receipt of drugs; False arrest by NYPD based on
substandard narcotic smuggling investigation by US Customs and substandard
corroboration of information received from US Customs [avoidance of exculpatory]
by NYPD; substandard reporting. By report, Attorney Curtis Farber.
STATE OF NEW JERSEY v Zheng Zhang, shoplifting and
assault charges. N.J.Expert Affidavit filed indicating Improper and substandard
undercover tactics by store detectives) and Unlawful use of Force. By
affidavit. August 16, 2001. Attorney Ida Cambria, New Brunswick,NJ.
STATE OF NEVADA v Richard Powell (Multiple Homicide).
9/28/2000, CASE C148936 - By affidavit & testimony: Improper interviews,
investigation and corroboration of jailhouse informant testimony in quadruple
drug related homicide. Las Vegas Public Defenders Office. Expert Witness
report submitted. (Public defender's office )
US v Ruben Lora, Federal Court Boston, Mass. (for
details: Public Defender, Owen Walker - Boston Public Defender 617-223-8061
- December, 2000). Expert witness Report submitted after conviction for
use in sentencing hearing. The report indicated findings of Undercover
entrapment - Substandard management, interviews and controls of Informant
- Substandard Investigative Procedures in Conspiracy investigation, Failure
to properly corroborate informant information and failure to control informant
entrapment activities. Judge allowed Expert Testimony as to "reality"
of the undercover sting in her sentencing deliberations. By report and
testimony, Federal Court, Boston, MA. (CJA-appointed).
NAGY v Town of Carteret New Jersey et al, Civil case
in Federal Court, Newark, New Jersey, by affidavit, charging defendants
with substandard and prejudiced investigative tactics; substandard reporting;
indications of official misconduct and corruption in the management of
investigations targeting Mr. Nagy, who at the time was Carteret New Jersey
Chief of Police. Attorney Clifford Kuhn. [Settlement undisclosed].
TAISHA CALDWELL v Town of Carteret, New Jersey, Carteret
Police Department and Police Officer Giuliano, et.al. New Jersey State
Court. Civil: False Arrest, Excessive Use of Force. Expert witness report
and affidavit indicating false arrest, unlawful use of force, substandard
arrest and investigation procedures on part of officer; substandard investigative
procedures on part of Internal Affairs and County Prosecutors office;
substandard background investigation and hiring practices. Attorney: Ida
Cambria. [Settlement undisclosed].
SUFFOLK COUNTY v Charles Versaggi, Suffolk County,
New York Criminal Court, Judge Hudson - on 6/19/2001 (Expert witness report
indicated substandard Narcotic Investigative Procedures, Police Misconduct
and Mishandling of Informant. Expert testimony used during Motion to Suppress.
Attorney Fred C. Meyers, West Hampton, NY.
CANADIAN IMMIGRATION v Mercedes Luna & Daniel
[and family], as to likelihood of assassination if deported to Argentina
after illegal entry into Canada.
US v Property of Carole Schwenke and Michael E. King,
by Affidavit, Federal Court, San Diego, CA 10/21/01,- Issue: Illegal seizure
by Federal authorities of $248,095 in what was allegedly the proceeds
of the narcotic business. Expert Witness affidavit submitted, indicating
that the federal investigators failed to document their asset seizure
theory with appropriate and easily available investigative techniques
was well below national standards for this type of an investigation. Attorney
Richard Barnett, San Diego.
US V Moreno et al San Diego California, 10/25/01,
Federal District Court, Judge Marilyn Huff. (Nexus issue involving seizure
of 10 tons of cocaine off Mexican coast - Also: Investigative failures
including substandard interrogations and interviews that avoided avenues
of inquiry that might yield information inconsistent with prosecution
theories,). Expert testimony in federal court concerning smuggling methods
and tactics in general and the presence of factors indicating a high likelihood
that the drugs were destined to Russia instead of US. Attorneys Shareen
Charlick San Diego Federal Defenders, Nancee Schwartz (and 9 others).
US v Dhakarov et al, San Diego California Federal
District Court,1/3/02, Judge Jeffrey Miller. (Nexus Issue re: seizure
of 9 tons of cocaine off the Svesda Maru - Also: Investigative failures
related to international conspiracy investigation, including substandard
interrogations and interviews of cooperating defendants that avoided avenues
of inquiry that might have yielded information that was inconsistent with
prosecution theories. Expert testimony in federal court discussed methods
and tactics of drug smugglers in general and the indications present in
the instant case that represented a high likelihood that the drugs were
destined to Russia instead of US. Attorney Michael Crowley, San Diego,
(and nine others) (CJA appointed).
BASILE v New York City Police Department, Federal
Court Southern District of New York, (Civil matter) attorney Robert Spergel;
testified via Expert Witness Affidavit: Re: NYPD Police Officer wrongfully
suspended for shooting a dog. Testified as expert as to flawed, substandard
and prejudiced investigative procedures utilized by NYPD, including matters
relating to my military K-9 training and experience. By report. (attorney
Robert Spergel).
NYPD v Officer Jacqueline Caudle, by affidavit in
defense of officer Caudle accused by NYPD on 1/28/02, before GO 15 NYPD
hearing, of using her firearm to menace convicted felon, Micah Brown during
street altercation. Expert affidavit submitted to NYPD trial board indicating
substandard investigative practices in that the complainant's information
should have been investigated with the same diligence an investigator
would employ when investigation criminal informant information, but was
not. As well as other procedural failures. (Attorney Robert Spergel).
CA v Mott, San Diego California, April 21, 2002, state
Supreme Court. By Expert Witness Report in support of defense claim that
S.Mott did not possess 6 grams of heroin with intent to sell. Substandard
Narcotic investigative procedures; avoidance of exculpatory information;
substandard reporting; substandard informant interrogations, interviews
and handling; substandard undercover tactics. Attorney Richard Muir, San
Diego, CA.
CA v Flores by Expert Witness Report. Issues: Use
of K-9 during investigation pertaining to car-jacking; failure of police
to adequately corroborate on-the-spot informant testimony and other inconsistencies
in investigative procedure. By Expert Report. Attorney, Tracee May Brewster,
Public Defenders office, State Court, Santa Ana California. (Court appointed
- Supreme Court State of California).
ADAM ALVAREZ v Masaryk Towers, by affidavit, (3/11/02)
as expert in building and site security, in support of Alvarez claim that
management was negligent in the protection of its premises from intruders.
Alvarez, an off-duty detective, was mugged and shot with his own firearm.
By affidavit. US Federal Court, Southern District of New York. Attorney
Jonathan Reiter.
RICO civil law suit, for plaintiff by Expert Witness
Report and affidavit. Attorney Morgan Scudi, La Jolla, California. Expert
Witness Report submitted to court indicating specific findings of Probable
Cause indicative of criminal RICO activity in certain business practices
of a major multinational corporation. (Details restricted/ court-ordered
secrecy - Federal Judge Irma Gonzalez, Settlement undisclosed)
US v Assets of Diane Webber, by expert witness report/affidavit.
San Diego Federal Court. Issue: Asset seizure. April 27, 2002. Issue:
Did agents have PC to believe seized funds were proceeds of "large
scale marijuana" trafficking? " Expert Witness Affidavit submitted
indicative of substandard investigative procedures, reporting and reasoning
on the part of seizing officers. Attorney Richard Barnett, San Diego,
CA.
POLK COUNTY IOWA v Patrick Connor. Defendant charged
with possession and sale of crack cocaine and assault on two undercover
officers. Expert testimony at trial centered on substandard and questionable
undercover tactics and unlawful use of force by the UC officers; substandard
reporting; police misconduct. Attorney John Wellman, public defenders,
Des Moines, Iowa. (Public defender's office Demoines).
US v Shefqet MATI. U.S district Court, Chicago, Ill.
Defendant charged with conspiracy to possess and sell heroin. Expert witness
affidavit and report filed on 8/23/02, indicating that investigators had
failed to adhere to national standards of undercover tactics, substandard
and illegal Informant handling, including informant interview and interrogation
tactics and investigative process resulting in, and/or, enabling of the
entrapment of the defendant; also includes substandard evidence handling
and investigative handling procedures; as well as indications of criminal
and/or corrupt acts on part of investigators; substandard reporting. Two
Expert Witness reports filed. Attorney for Defense, Ralph J. Schindler,
Chicago, Illinois. (CJA - appointment).
US v David Bensimon. Defendant convicted of conspiracy
to receive and distribute 203 kilos of cocaine as a result of a controlled
delivery operation. Affidavits filed in support of application for a new
trial based on, substandard smuggling and controlled delivery investigation
and undercover tactics; illegal and substandard informant handling; police
misconduct; substandard reporting; failure of previous attorneys to utilize
expert witness testimony in opposition to government expert, as well as
other technical items pertaining to informant issues, smuggling investigative
tactics and investigative procedures that were below national standards,
including substandard interrogation of defendants. Attorneys Ephraim Margolis
and Gary Dubcoff, San Francisco.
US Immigration v Ruben Perez. Issue. Perez, convicted
of heroin trafficking after working as DEA informant, is now facing deportation
to Argentina. Issues: likelihood of death if deported; substandard and
prejudiced treatment of DEA Informant; substandard reporting. By affidavit.
Trial pending March, 2004. Attorney, Steve Morley, Phila., PA. [Ruling
in favor of client]
US v ZAHKAROV, US Federal Court, San Diego, California.
11/5-11/6/02 - Issues: Was crewman aware of 10 tons of cocaine concealed
on fishing vessel SVESDA MARU, or was he unwitting and/or coerced dupe;
substandard interviewing/interrogation tactics; smuggling methods; involuntary
confession; substandard investigative process [avoidance of exculpatory
information]; substandard reporting. Attorney, Michael Crowley, San Diego.
(CJA appointed).
US v GRANT (Asset seizure), by affidavit, 10/27/02,
US federal court, San Diego, Cal, for San Diego attorney Richard Barnett.
Issue: that adequacy and interpretation of DEA/Police investigation supportive
of assertions that money seized from defendant George Grant, was the proceeds
of drug trafficking; substandard investigation [avoidance of exculpatory];
substandard reporting; prejudicial interpretations of fact presented as
expert opinions. By affidavit. Attrney Richard Barnett, San Diego, CA.
US v Raymundo Aguilar-Sanchez et al, Heroin Conspiracy,
Title III. Federal Court, St. Louis, Mo. DEA/exaggeration, by use of unsubstantiated
informant claims, of defendant's role in heroin conspiracy/translation
of "coded" dialogue in Title III/Due diligence in investigative
efforts. Substandard investigative effort [avoidance of exculpatory];
substandard interviewing techniques; substandard reporting; substandard
informant handling. By testimony in St.Louis Federal court. Attorney,
Joseph Hawkins Low, Newport Beach, CA.
US v Ramon Cordero-Caraballo, Alleged to have fired
a gun at a DEA agent who then fired two weapons at Cordero-Caraballo,
seriously wounding him (severed spine). No weapon found. DEA charges Cordero
with Assault of Federal officer. Issues: Unlawful Use of Deadly force,
substandard undercover assignment of agent ill-equipped to perform undercover
work; Indications of perjured reports; false statements, obstruction of
evidence; substandard evidence handling; substandard investigative report
writing and crime scene procedures, including substandard interviews of
witnesses; investigative misconduct. By Expert Report. Federal Court,
San Juan, Puerto Rico. Public Defender, Joseph Laws. [Cordero-Caraballo
assassinated on eve of trial- investigation pending. (Joseph Laws, Puerto
Rico Public Defender).
US v Chris Chavez et al, Albuquerque, New Mexico,
title III, . DEA exaggeration of defendant's role in heroin conspiracy,
by virtue of unsubstantiated informant claims, exposing defendant to more
severe sentencing measures as well as the omission of other investigative
procedures that would have resulted in exculpatory evidence; substandard
investigative tactics; prejudicial interpretation of recorded conversation;
substandard reporting; substandard interrogations and interviews. Attorney
Jason Alarid, Albuquerque, NM. By report.
CA v Eary and Butler. Defendants possess Medical Marijuana
Permits issued under state law. A search by state authorities resulted
in what police believed was an amount of marijuana that was "excessive
for personal use" and charged the couple with possession with intent
to sell, a felony. Expert report submitted in support of the defendants
based on the significant failures in police investigation to adhere to
standards of proof of possession with intent to sell and avoidance of
investigative steps that would have resulted in exculpatory evidence;
substandard and coercive interviewing tactics; substandard reporting.
By affidavit. Attorney S. David Nick, San Francisco, CA.
STATE OF GA v Albert Garrett-Testimony before State
Grand Jury as an expert in police arrest procedures, investigative file
review and use of Deadly force. Client: Client: District Attorney's office
Fulton County Georgia. Inappropriate use of Deadly Force {manslaughter],
indications of perjured statements, cover-up and other police misconduct,
substandard investigative and report writing procedures. (Phyllis Clerk,
Assistant District Attorney). By report and Grand Jury testimony, Fulton
County, GA. (Client: Atlanta DA's office).
US v CUAHATOMOC GONZALEZ-LOPEZ , Federal Trial, Conspiracy
Investigation/informant statements/electronic recordings, 7/8-10/03, Federal
Court, St. Louis, MO. Issues: Failure to adhere to national standards
of informant handling, interviews & interrogations, narcotics investigations,
smuggling investigations and indications of falsification of reports and
other misconduct. By report and trial testimony, Federal Court St.Louis,
MO. Attorney Joseph Low, Newport Beach, CA.
US v CESPEDES-CANO, Eastern District of New York,
Federal Court. Issue: Blind mule receipt of 3 pounds of heroin on controlled
delivery; Faulty and substandard investigative procedures [avoidance of
exculpatory information]; substandard undercover tactics; failure to adhere
to national standards and procedures in reporting. Substandard interrogation
of cooperating defendant. Testimony at trial EDNY Federal Court, Brooklyn,
New York. Attorney, Michael Hammerman, Queens, NY.
US v Assets/Boultinghouse, Attorney Richard Barnett,
San Diego, 10/8/03, by affidavit to Federal Court, San Diego, Substandard
and insufficient investigation to link assets seized as proceeds of drug
trafficking. Failure to adhere to national standards and procedures in
documentation of assets as "proceeds of narcotics trafficking";
substandard investigative tactics [avoidance of exculpatory information];
prejudicial and substandard "expert" interpretation of facts.
By affidavit. Attorney Richard Barnett, San Diego, CA.
VILLAREAL V US. Issues identified in preliminary expert
witness report: Unlawful use of Deadly Force by DEA agents in the shooting
of Ashley Villareal. Affidavit filed with San Antonio Federal Court. Attorney:
Maloney & Maloney.
WA v ATIF RAFAY & SEBASTIAN BURNS, Attorney Veronica
Freitas. Seattle, Washington. Triple Homicide. Issues: failure to adhere
to national standards and training in the planning and execution of elaborate
undercover sting operation targeting confessions; coerced and involuntary
undercover confessions; substandard investigation [avoidance of exculpatory];
police misconduct; perjured testimony; substandard reporting; substandard
and coercive interview tactics; substandard reporting; and more. By Summary
report. Attorney, Veronica Freitas, Seattle Public Defenders. [Seattle
Public Defenders Office).
CADENHEAD v City of Costa Mesa CA [and police department].
Issues identified in Expert Witness Report: excessive use of force; substandard
stop and search tactics; violations of national standards of conduct for
law enforcement; inferred violations of standards of hiring practices;
substandard and possibly corrupt reporting practices; and more. By expert
witness affidavit. Attorney Joseph Hawkins Low, Newport Beach, CA.
US v (name withheld by request), Denver, Colorado.
Issues Identified in Preliminary Expert Witness report: substandard informant
handling; substandard interviewing and interrogations of CI; substandard
undercover tactics enabling of Informant Entrapment, prosecutorial misconduct,
corruption on part of DEA investigators. Summary findings report. Attorneys,
Ken Eichner [Denver] and Ron Richards [Beverly Hills, CA].
CROWN V MIHAYLOV, London, England. Issues: Substandard
Informant handling & corroboration, international smuggling, money
laundering, conspiracy, informant testimony, substandard interviewing
and corroboration of informants, investigative procedures. Attorneys,
Lewis NEDAS & Co. London, England. Preliminary expert affidavit filed
with UK court, indicative of previously mentioned findings. (Court appointed
by UK Public Defenders).
GA v Ward: Use of Deadly Force; police involved shooting
resulting in death of teenaged subject, investigative file review and
use of Deadly force. Client: Client: District Attorney's office Fulton
County Georgia. Inappropriate use of Deadly Force {manslaughter], indications
of perjured statements, cover-up and other police misconduct, substandard
investigative and report writing procedures. (Phyllis Clerk, Assistant
District Attorney). Preliminary report submitted, case pending. Client:
Atlanta District Attorneys Office.
WHITE v Texas Panhandle Task Force and State of Texas,
et al. Issues: Substandard Undercover operations, narcotic investigative
procedures, Police Corruption, Prosecutorial misconduct, identified in
Expert Witness Report. Attorneys Hogan & Hartson, Wash. DC. [civil,
settled for $6.5 million in damages].
US v DOROTHY HENRY, Issues: Informant testimony; practices
and mores of international drug couriers; investigative procedures; international
drug trafficking involving African nationals; substandard informant handling,
interrogations and controls enabling of down trading, etc. Report and
testimony at trial. Public Defenders Office, Washington DC, Attorney Tony
Miles.
HOLLEMAN v Arkansas. Issues; Illegal use of force;
Falsified reporting; corruption, etc. Attonrey: John Holleman, Little
Rock Arkansas. Preliminary report submitted, indicating unlawful use of
deadly force, prejudiced investigation by Internal affairs.
STATE OF CALIFORNIA v Franklin Diblasi. Defendant
arrested after state parole search uncovers 3 lbs of marijuana. Faces
3rd strike, indictment charging him with possession with intent to distribute,
money laundering and state tax evasion. Issues: Sustandard handling and
corroboration of an informant; substandard financial and narcotic investigation
[avoidance of exculpatory]; prejudicial and substandard reporting; substandard
and prejudicial interviews and interrogations; prejudicial and substandard
"expert" interpretation of facts; and more. Expert Report and
testimony at trial. Attorney S.David Nick, San Francisco.
US v BARAHONA, et al. Issues: Investigative procedures;
practices and mores of drug traffickers; use of coercion by drug traffickers;
Colombian cocaine trafficking; substandard interrogation and investigation
in that avenues that might have yielded exculpatory information and/or
information inconsistent with prosecution theories, were avoided or omitted.
San Diego Federal Court. Attorney, Andrew Nietor, Federal Public Defenders
Office and Steve White, San Diego. Testify at retrial, August, 04-first
trial in May, 04 ended in hung jury. (client: public defenders office).
US v BANK HAI KHONG, et al: Issues: Criminal Braggadocio
and DEA misrepresentation and exaggeration of case and defendant's role
in order to merit OCDETF funding. Substandard control, interrogation and
management of informant that was enabling of entrapment. Judge White disallows
all testimony in this regard, which may be appealed. Allows testimony
that, in my opinion, all KHONG'S statements to undercover officers and
on wiretaps were boasting of things he could not, in actuality, accomplish.
{Criminal Braggadocio). US Federal Court, San Jose, CA. November 14, 2004.
Japan v (Name withheld on request) .[Japan] Issues:
Blind Mule claim of defense that defendant, a Canadian citizen, arrested
at Narita Airport, Tokyo, was unaware that he was carrying marijuana in
coffee cans (BLIND MULE). By affidavit to Japanese court. Case pending.
Attorney, Ken Westlake, Vancouver, BD.
YORK REGIONAL POLICE, WISCHE, ATS KAMADIA [Canada].
Issues, whether or not police acted reasonably during undercover operation
aimed at arresting FARAZ SULEMAN that resulted in the killing of Mr. SULEMAN.
Use of Force; Buy/bust operational procedures. Expert Witness Report and
affidavit filed in Canadian court, in favor of the police.
CHAVEZ v State of Texas. Issues: civil law suit involving
substandard narcotic investigative tactics, corruption, prosecutorial
misconduct, etc; substandard supervisory performance; endemic corruption
in overall narcotic enforcement programs, Dallas, Texas, resulting in
the illegal incarceration of plaintiff and others. Substandard informant
control, interviews and corroboration. Submit affidavit and testify at
deposition. Attorney Marc Lenahan, San Antonio, Texas.
State of CT v MISH. Issues: Informant entrapment;
Informant Sentencing Enhancement Entrapment; Substandard Informant Controls,
interviews and Corroboration. Submit report in favor of defendant. Attorney
Dennis McDonough, Bethel CT. (Connecticut state court appointed).
BELCHER v Mass State Police. Issues: Use of Deadly
Force in shooting death of fleeing suspect; Substandard Investigative
Procedures and Practices; substandard interviews of witnesses; Police
Misconduct. Submit affidavit in favor of plaintiff. Attorney, Robert Doyle,
Boston MA.
US v MARTINEZ. Issues: Blind Mule transportation of
cocaine as a favor for uncle. Submit report. San Jose Public Defenders
Office. (Client: public defenders office).
US IMNS v BEZPALO Issues: weights and packaging of
marijuana possessed by client, as grounds for deportation. Attorney Eliza
Grimberg, Brooklyn, New York. Submit affidavit to Immigration Court, EDNY.
US v Robert RHODES, issues: Use of force by Homeland
Security officer in the restraint of woman taking photos in NO-PHOTO zone,
who refused his lawful orders and instead fled and resisted apprehension.
Substandard Internal affairs investigation, including substandard defendant
interrogations. Testify at Trial in Federal Court, Buffalo, New York.
Attorney Steve Cohen, Buffalo, NY.
State of Texas v THEODORE BERRY, Issues: Confession
and Custodial Interrogations in police officer killing. El Paso Public
Defenders Office, El Paso, Texas. Scott Seagall. (Client: El Paso Public
Defenders Office).
AUBRETY v San Antonio Police Department. Issues: Excessive
Force in the arrests of Danta Aubety and Yolanda Williams; substandard
Internal Affairs Investigation; substandard interviews of witnesses; substandard
management; substandard investigative and police reporting. Report submitted
Federal Court, San Antonio, Texas. Attorney James Myart.
MICHELLE SMITH v New York City Police Department.
Issues: Raid tactics, use of "flash-bang" distraction device
during drug raid in execution of "no-Knock" search warrant.
Report submitted in favor of police. Retained by New York City, Bronx
County, Legal Tort Division.
REED v Sarasota, Florida Sheriffs Department: Issues,
claim of illegal search for narcotics against Sheriff Deputy Defendants.
Filed Expert Witness affidavit in favor of defendant law enforcement officers,
July, 2006. File report in favor of defendant, Sarasota Sheriffs Department.
LUST v Albany, NY Police Department: Issues, claim
of excessive use-of-force by plaintiff against the Albany PD. Filed Expert
Witness Report in support of Plaintiff. In favor of Plaintiff. Attorney
Charles Sarris, Albany, NY.
US v Yepiz et al, Federal Court Los Angeles California.
Prosecution under RICO of VBS gang based on Title III wiretaps. Support
defense of CJA client, musician's claims that expert interpretation of
intercepted statements was erroneous and that supporting investigative
efforts avoided exculpatory information. Interview of client and aided
in extensive cross-examination of investigating officers. Attorney Greg
Nicolaysen, Los Angeles.
US v ELKINS. Issues: Coercion, veracity of confession
to voluntary manslaughter in VA hospital, and Mistrust Memory Syndrome;
provided consulting services, including expert testimony and aid in the
preparation of cross-examination of investigators from FBI and VA Hospital
Police. Attorney: Ken Eichner, Denver.
LEONA JACKSON v Howard University, et al. Issues:
Howard University Hospital place attempt to restrain a PCP intoxicated
patient in the university hospital emergency ward. As a result of the
restraint it was alleged that hospital police used unreasonable and excessive
force. File affidavit/report in favor of defendant police officers. Attorney
Donald M. Temple, Washington, DC.
.
|