ILNews

District Court properly handles expert testimony by non-expert witnesses

Back to TopCommentsE-mailPrintBookmark and Share

Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.

The 7th Circuit affirmed the conviction and sentence of Randall Causey in United States of American v. Randall B. Causey, 13-1321.
.

Causey was convicted of one count of conspiring to commit wire fraud in violation of 18 U.S.C. 1349 and eight counts of aiding and abetting the commission of, and committing the offenses of, wire fraud in violation of 18 U.S.C. 1343. He was sentenced to 108 months in prison for his role in a conspiracy to defraud borrowers and lenders in a real estate scheme in Gary during the housing boom years of 2005 and 2006.

As the only defendant to not plead guilty, Causey had a five-day trial that took place in the U.S. District Court for the Northern District of Indiana, Hammond Division.

On appeal, Causey raised five issues, two of which asserted the District Court erred in its rulings on expert testimony.

During his trial, Causey called Douglas Kvachkoff, the owner of Indiana Title Network Co. Kvachkoff started by testifying about the contents of a closing folder he had, but when defense counsel began asking questions about how someone in the real estate industry would procure closing numbers, the District Court barred the responses as improper expert testimony.

The 7th Circuit agreed with the District Court. It found that the defense’s questions about the closing numbers required a specialized knowledge of the industry. Since Causey did not file the necessary Rule 16 disclosure, the 7th Circuit held that the District Court was within its discretion to exclude the expert testimony.

Also at trial, one of Causey’s co-conspirators, Sheila Chandler, was called as a witness for the government. Chandler testified about her role in the scheme and, at one point, said the Gary housing market was inflated by 400 percent.

Causey argued on appeal that Chandler was not qualified to give expert testimony and her 400 percent comment was beyond the scope of the government’s pretrial Rule 16 disclosure.

The 7th Circuit held that even if Chandler’s testimony exceeded the scope of the government’s disclosure, the error was harmless. Her statements were of little value to the government’s case and the defense counsel’s cross examination mitigated any potential harm by pointing out Chandler was not an appraiser.   


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

ADVERTISEMENT