EFTA00014701.pdf

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Source set: data-set-8

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America,
—v—
Ghislaine Maxwell,
Defendant.
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC 0:
DATE FILED: 11/22/21
20-CR-330 (MN)
MEMORANDUM
OPINION & ORDER
ALISON J. NATHAN, District Judge:
The Defense on November 1, 2021, noticed eight expert witnesses. Def. Br., Ex. I
("Notice"). Two of those experts, Dr. Park Dietz and Dr. Elizabeth Loftus, are expected to offer
opinions that rebut opinions of the Government's expert witness, Dr. Lisa Rocchio. The
Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr.
Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion.
On November 15, 2021, the Government moved to fully or partially preclude the
testimony of the remaining six experts. The Defense filed a response on November 19, 2021.
The Court addressed the admissibility of Dr. Ryan Hall in a separate written opinion. In
this opinion, the Court addresses the preliminary admissibility of Bennett Gershman based on the
parties' current proffers.
I.
Legal standard
Federal Rule of Evidence 702 governs the admissibility of expert testimony. That rule
states:
A witness who is qualified as an expert by knowledge, skill, experience, training, or
education may testify in the form of an opinion or otherwise if:
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EFTA00014701

(a) the expert's scientific, technical, or other specialized knowledge will help the trier
of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
The Court exercises a "gatekeeper function" in assessing the admissibility of expert
testimony. Restivo v. Hessernann, 846 F.3d 547, 575 (2d Cir. 2017). To determine whether an
expert's method is reliable, the Court consider…

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