Epstein Secrets

and the context of trial. The Government moves to exclude the testimony of Bennett Gershman in its entirety. As explained in the notice, Professor Gershman "is a leading authority on prosecutorial misconduct." Notice at 12. The Defense expects that he will testify "on best practices to ensure the integ

guilt. Id. at 19 (quoting United States v. Duncan, No. 18-CR-289, 2019 WL 2210663 (S.D.N.Y. 2019)). The Court concludes that the expected topics of Gershman's testimony—investigation, witness preparation, media contact, being neutral and accurate, and relationships with victims-all fall within the rubric

od's operation, and whether the method is accepted by the expert community. United States v. Kidd, 385 F. Supp. 3d 259, 263 (S.D.N.Y. 2019) (citing Daubert v. Merrell Dow Phanns., Inc., 509 U.S. 579, 593-94 (1993)). But Rule 702 ultimately sets a "liberal" and "permissive" standard of admissibility. N

5 (2d Cir. 2017). To determine whether an expert's method is reliable, the Court considers the non-exhaustive list provided by the Supreme Court in Daubert, including whether the expert's method has been tested, whether it has been subjected to peer review, the rate of error, standards controlling the m

od's operation, and whether the method is accepted by the expert community. United States v. Kidd, 385 F. Supp. 3d 259, 263 (S.D.N.Y. 2019) (citing Daubert v. Merrell Dow Phanns., Inc., 509 U.S. 579, 593-94 (1993)). But Rule 702 ultimately sets a "liberal" and "permissive" standard of admissibility. N

5 (2d Cir. 2017). To determine whether an expert's method is reliable, the Court considers the non-exhaustive list provided by the Supreme Court in Daubert, including whether the expert's method has been tested, whether it has been subjected to peer review, the rate of error, standards controlling the m

and the context of trial. The Government moves to exclude the testimony of Bennett Gershman in its entirety. As explained in the notice, Professor Gershman "is a leading authority on prosecutorial misconduct." Notice at 12. The Defense expects that he will testify "on best practices to ensure the integ

an expert imprimatur on these arguments would only enhance the Rule 403 prejudice. Third, apart from Rule 401 and 403, the Defense's disclosure of Gershman does not satisfy Rule 16. The Defense has listed only the general topics on which Gershman will testify, like "investigation," "media contact," and

T GERSHMAN The defense proposes to call Bennett Gershman, a professor of law at Pace University, for the following testimony: We expect Professor Gershman to provide testimony on best practices to ensure the integrity of any prosecution, focusing on investigation, witness preparation, media contact, n

reclude Gershman or to require supplemental notice. It is likely that such information would demonstrate the unreliability or further irrelevance of Gershman's testimony. In a recent case, however, Gershman attempted to offer precisely the sort of testimony that this Court has already excluded. See US. S

ives and reviews the documents they have in mind. Doing so, however, would almost certainly lead to mid-trial Dauber! briefing, possibly a mid-trial Daubert hearing, and late-breaking rebuttal expert notice by the Government. The better course is to require the defense to identify, immediately, the docu