- 56 - previously testified before this Court, the Court on each occasion found him to be reliable, relevant, and helpful on the areas that were the subject of his expertise. See id. at 85-86; Booth v. Commissioner, supra at 573. We find him likewise helpful in these cases. B. Fact Witnesses At trial, petitioners called five witnesses to testify as to the facts of these cases; respondent called three such witnesses. Petitioners’ fact witnesses were Drs. DeAngelis and Domingo and Messrs. Mamorsky, Bursey, and Teplitzky. Respondent’s fact witnesses were Dr. Borrero, Mr. Mamorsky, and Ms. McDermott.19 On the basis of our perception of the witnesses and our review of the record as a whole, we do not find much of the testimony of the fact witnesses to be helpful as to the critical facts underlying the issues at hand. See generally Neonatology 19 For completeness, we note that respondent also called Mr. Carpenter to testify at an evidentiary hearing held immediately before trial. Petitioners had moved the Court approximately 1 month before trial to issue an order generally disqualifying Mr. DeWeese from testifying as an expert witness in this proceeding and had attached to their motion an affidavit of Mr. Carpenter setting forth serious allegations questioning the objectivity of Mr. DeWeese. In respondent’s response to that motion (as supplemented by petitioners to address in part a question by the Court as to why petitioners had not filed their motion earlier), respondent raised serious issues of truthfulness on the part of Mr. Carpenter and requested in part that the Court hold an evidentiary hearing so that respondent could question Mr. Carpenter as to his actions connected with this proceeding and the subject matter thereof. The Court granted respondent’s request. The Court ultimately denied petitioners’ motion as supplemented.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 NextLast modified: March 27, 2008