Articles Posted in Expert Witness Testimony

Providence, RI, Senior U.S. District Judge Ronald R. Lagueux on Wednesday gave his oral judgment in favor of Dunkin’ Donuts defendants and adverse to Dunkin’ Donuts franchisee Irwin Barkan. Dismissing the jury on the seventh day of trial, he also granted Dunkin defendants’ oral motion to preclude the testimony of Barkan’s franchise valuation expert witness, Frank Torchio. Barkan has been fighting in court against the franchisor for five years after losing his six stores and his store development agreements to open new franchises. He claimed that Dunkin’ intentionally blocked his efforts to refinance his stores through CIT, even though Dunkin’ had agreed to the financial restructuring of his company.

Barkan asserts that Dunkin’s interference of the refinancing process forced him into bankruptcy with his stores, and that it was an intentional act by Dunkin’ to eliminate him from the system.The expert witness was to give evidence that Barkan would have made $13 million if he had received the refinancing and continued to open his additional stores. In recent years, Dunkin’ Brands has been accused of hardball tactics in terminating smaller franchisees, under the guise that they have breached their contracts. Franchise operators have alleged that they then sell the stores to large multi-unit operators of Dunkin’s choosing.

For more, see bluemaumau.org.

Wireless communications expert witness and FBI Special Agent William Shute recently worked on the case of Bonnie Sweeten, a Bucks County mother who faked a carjacking-kidnapping in May and two days later was taken into custody at Disney World with her nine-year-old daughter.

Sweeten had told emergency dispatchers that she and her daughter were snatched in the middle of the day Tuesday by two men who rear-ended her SUV in suburban Philadelphia. He said Philadelphia police contacted the expert witness within five minutes after they had received the 911 call from Sweeten reporting she and her daughter had been carjacked. Using his expertise on cell towers, “we knew within an hour that she was lying” because the call bounced off a cell tower some 16 miles away from where she said she was, said Shute.

For more, see phillyburbs.com.

Blue Castle Holdings Inc., owner of the Blue Castle Project, presented testimony by expert witnesses at the hearing conducted by the State Water Engineer on the benefits and minimal impacts to Green River Basin of the use of 53,600 acre feet of water for the proposed nuclear power project in Utah. The hearing is one of the last steps for gaining the needed state approval to divert and use the water for the project.

Water engineering expert witness and former Utah State Water Engineer Jerry Olds provided data and testimony to demonstrate sufficient unappropriated water exists in the Green River to use at the proposed power plant. Olds stated, “This is a very favorable location for the use of this water; it will not impair other users’ water rights.”

For more, see earthtimes.org.

The date of the trial has yet to be determined in the case of Richard Poplawski, 23, accused of fatally shooting three Pittsburg police officers. Allegheny County Judge Jeffrey Manning decided Wednesday that jurors should come from another county, citing “pervasive, prejudicial pretrial publicity” surrounding the case.

Manning said he’ll schedule a trial date at a March 22 pretrial conference and wants Poplawski’s public defender, Lisa Middleman, to decide whether she’ll pursue an insanity defense by that time. Middleman told the judge that forensic psychology expert witnesses need more time to review evidence and that she would “absolutely be unprepared in March to give notice” of an insanity defense. “That’s not enough time for a responsible expert to review all the materials and render an opinion,” she said. The Pennsylvania Supreme Court must select the county from which jurors will be bused to Pittsburgh for the trial.

For more, see ldnews.com.

A public hearing was held last week on Homestake Mining Company’s discharge permit with modification at the Cibola County, NM, Complex. The Homestake reclamation project is a Superfund Site cleanup site which involves a 25-million ton uranium waste pile. Homestake Project Manager Al Cox says he has been waiting for re-approval of the existing permit for several years and is now requesting a third pond, EP3, to speed up the process of reclamation. “We’ve lost time [without the third pond],” said George Hoffman, a hydrology expert witness for HMC. “We’ve been unable to maximize the process being used for cleanup.”

Expert witness Chris Shuey of the Southwest Research Center questioned the success of the current Homestake Mining Company’s reclamation project’s success.

For more, see cibolabeacon.com.

Seven former staffers from the House Democratic caucus have pleaded guilty in Pennsylvania Attorney General Tom Corbett’s three-year government corruption investigation that has become known as Bonusgate. Former State Rep. Michael Veon is scheduled to go on trial for similar charges on January 19th. The defendants conspired “to pay bonuses of legislative funds — taxpayer money — to legislative employees for political campaign work,” prosecutor James Reeder told Dauphin County Common Pleas Judge Richard Lewis.

The guilty pleas come from staffers who held critical posts, including Veon’s former chief of staff, Rep. Bill DeWeese’s former chief of staff, and the former director of the Democratic Legislative Research Office. Computer forensics expert witness Gregory Kelley gave crucial testimony regarding e-mail message evidence in the case.

Pittsburgh defense attorney Joel Sansone argued to exclude the messages because they were obtained from state Rep. Bill DeWeese, who they claim was a co-conspirator and had the opportunity to exclude messages that might implicate himself or clear others. He also would have had the opportunity to alter messages.

Cell phones previously linked to two of the three suspects on trial for the January 2009 murder of a Montgomery Township, PA, man were used in the vicinity of the slaying and at the approximate time of the killing, according to an FBI agent. Citing cell phone records reflecting the cell towers that carried the calls, communications expert witness and FBI Special Agent William Shute Friday testified that these phones were used in the Philadelphia area where the defendants lived up until about 4 a.m. on Jan. 9. Calls made from these phones then were recorded using two cell towers nearest to the residence of 58-year-old Robert Chae of Gwynmont Drive, the expert witness testified.

In earlier testimony, the cell phone numbers tracked by Shute in his report were for phones reportedly used by Joseph Page, 23, and Amatadi Latham, 26. Page, Latham and Pitts are on trial on second- and third-degree murder charges stemming from Robert Chae’s suffocation death and the subsequent robbery of his home shortly after 5 a.m. on Jan. 9, 2009.

For more, see phillyburbs.com.

A federal judge on Thursday set closing arguments for Feb. 11 in the state’s lawsuit involving the poultry industry’s alleged role in polluting the Illinois River watershed. U.S. District Judge Gregory Frizzell, who is presiding over the trial, which began Sept. 24 in Tulsa, gave the parties until Feb. 5 to submit proposed written findings to the court. The state’s lawsuit against the poultry industry, filed in 2005, alleges that poultry companies are legally responsible for the handling and disposal of poultry waste – also known as litter – that the state says has damaged portions of the Illinois River watershed.

Attorneys representing the poultry industry rested their case Wednesday, but trial testimony is not quite over. On Thursday, Frizzell granted the state’s request to allow rebuttal testimony by a pair of pollution expert witnesses. The court scheduled that to take place Jan. 25-26.

Read more from this Tulsa World article at http://www.tulsaworld.com.

Two McGill University faculty members may be called to testify as expert witnesses in a landmark California Supreme Court case that will determine whether California’s current prohibition on equal marriage is unconstitutional. The case, which began last Monday, will challenge Proposition 8, the California Marriage Protection Act. The legislation reinstated a ban on equal marriage in the state when it was approved by 52.3 per cent of California voters in November 2008.

A plaintiff’s witness list includes marriage expert witness Katherine Young, a professor in the McGill Faculty of Religious Studies, who “purports to be knowledgeable in comparative religion and on what universally constitutes marriage.” Paul Nathanson, a researcher in the same faculty, is also included on the list and is described as someone who “purports to be knowledgeable about religious attitudes toward Proposition 8.”

For more, see mcgilldaily.com.

Licking County, OH, Common Pleas Judge Thomas M. Marcelain has ordered the Career and Technology Education Centers of Licking County (C-TEC) to pay $3.8 million in damages for uncompensated work to Claggett & Sons Inc., the General Trades Contractor on a $30 million school addition and renovation. In the Judge’s ruling both sides were ordered back into court to address punitive damages and attorney fees, costs that could push the cash-strapped center’s bill even higher. Claggett attorneys also intend to seek interest for the company’s damages accrued since 2006.

The 27-page opinion includes numerous examples of where architect Kimball and Associates, of Pittsburgh, made major mistakes, did not act in good faith and “misled them,” including keeping “facts” from C-TEC’s construction manager, a maintenance director with no construction experience.

“The architect took advantage of the lack of knowledge of C-TEC in construction methods,” Marcelain wrote as he described problems such as ventilation pipes designed to go through a steel beam near the roof. The judge wrote that C-TEC’s witnesses, especially its architects, were not credible and that Claggett demonstrated construction delays were not its fault. He also noted board members were not aware the project was 90 percent complete and the school largely occupied when they voted to terminate Claggett.