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UNITED STATES v. WALKER
August 13, 1980
UNITED STATES of America
Samuel WALKER, Jr.
The opinion of the court was delivered by: KNOX
The defendant in this case stands indicted for violation of the Mann Act involving the interstate transportation of women from outside the state to and from Erie, Pennsylvania.
The defendant has filed numerous motions in this case and arguments were held thereon at Erie on August 6, 1980. All of the pretrial motions have been satisfactorily disposed of by agreement of counsel or rulings of the court with the exception of defendant's motion for discovery with respect to the testimony of an alleged expert witness to be produced by the government.
The request for discovery is contained in Section 3(e) of the motion as follows:
"The names, addresses and areas of expertise of any persons the United States intends to call and qualify as expert witnesses at trial. (Mr. Garhart has indicated that he will call an expert witness but refuses to provide Walker with the name, address and area of expertise of the witness)."
The government has filed a response to the motion for discovery which reads as follows:
"The government does not intend to call any expert witness at trial. The government does, however, intend to call a female witness who, among other things, will testify that she was asked by the defendant, Samuel Walker, Jr., to show Deborah Driscoll "the ropes" concerning prostitution. The government expects to elicit testimony from this witness concerning her education of Deborah Driscoll in the skills of prostitution. The government does not intend to elicit from this witness any expert opinions. To be sure, this witness has had a substantial degree of education and training in prostitution and may even be possessed of some skill; however, these factors are not sufficient to put her testimony in the class of expert testimony. The Circuit, in a recent case, Teen-Ed, Inc. v. Kimball International, Inc., 620 F.2d 399 (3d Cir. 1980), had occasion to indicate that not all people possessed of specialized knowledge who intend to testify at trial need be offered as experts."
In Rule 16 F.R.Cr.P., we find as follows:
"Rule 16. Discovery and Inspection
(a) Disclosure of Evidence by the Government.
(1) Information Subject to Disclosure.
(C) Documents and Tangible Objects.
Upon request of the defendant the government shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the government and which are material to the preparation of his defense or are intended for use by the ...
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