Albert Dudley Thrower - Page 12

                                         - 12 -                                       
          testimony.”), affd. without published opinion 990 F.2d 1250 (2d Cir.        
          1993).  Considering the testimony as expert opinion testimony, we do        
          not believe it is properly based upon “sufficient facts or data” or         
          upon “reliable principles and methods” applied “reliably to the             
          facts” of this case, as required by rule 702 of the Federal Rules of        
          Evidence.11  Earlier in the trial, respondent’s witness had testified       
          that he had relied on the photocopied pages as the basis for his            
          conclusion that petitioner’s drug-related income for the first 8            
          months of 1988 should be computed as eight times approximately              
          $477,000.  At trial, it was apparent that in giving an affirmative          
          response to the above-quoted leading question, respondent’s witness         
          was merely reaffirming his prior opinion, which was based on the            
          photocopied pages.  Having concluded that the photocopied pages are         
          unreliable evidence which respondent has failed to adequately               
          connect with petitioner, we conclude that the expert opinion                







               11 Fed. R. Evid. 702 provides as follows:                              
                    If scientific, technical, or other specialized                    
               knowledge will assist the trier of fact to understand                  
               the evidence or to determine a fact in issue, a witness                
               qualified as an expert by knowledge, skill, experience,                
               training, or education, may testify thereto in the form                
               of an opinion or otherwise, if (1) the testimony is                    
               based upon sufficient facts or data, (2) the testimony                 
               is the product of reliable principles and methods, and                 
               (3) the witness has applied the principles and methods                 
               reliably to the facts of the case.                                     




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011