EFTA00016471.pdf

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Source set: data-set-8

Extracted text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America,
—v—
Ghislaine Maxwell,
Defendant.
USDC SONY
DOCUMENT
ELECTRONICALLY FILED
DOC 0:
DATE FILED: 11/11/21
20-CR-330 (MN)
OPINION & ORDER
ALISON J. NATHAN, District Judge:
Before the Court is the Defense's motion to exclude the Government's expert witness,
Dr. Lisa Rocchio, pursuant to Federal Rule of Evidence 702 and the standard in Daubert v.
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dkt. No. 386. The Government filed
a response brief, Dkt. No. 397, and Defendant filed a reply, Dkt. No. 398. The Court conducted
a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt.
No. 431. The Court stated its oral opinion at that hearing that it would deny and grant in part
Defendant's motion, to be followed by this opinion.
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:
(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;
I
EFTA00016471

(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 considers the non-exhaustive list provided by the Supreme
Court in Daubers, including whether the expert's method has been tested, whether it has been
subjected to peer review, the rate of error, standards controlling the method's operation,…

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