Case 5:07-cr-00022-FPS-JES Document 6 Filed 06/04/07 Page 1 of 3 PageID #: 170 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA AT WHEELING UNITED STATES OF AMERICA, Plaintiff, v. Criminal Case No.: 5:07-CR-22 (Stamp) PAUL J. HARRIS, Defendant. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S MOTION TO EXCLUDE EXPERT TESTIMONY FOR FAILURE TO COMPLY WITH MAY 14, 2007 ORDER Statement of Facts On April 4, 2007, a five-count indictment was returned against Mr. Harris. Count One alleges a violation of 26 U.S.C. §2701. Counts Two, Three, Four and Five allege violations of 26 U.S.C. §7206(1) in respect of tax returns for 1997, 1998, 1999 and 2000. On May 14, 2007, a five page order was entered pursuant to Rule 16 of the Federal Rules of Criminal Procedure. Paragraph 5 of the order provides: On or before June 1, 2007, the government shall disclose to the defendant a written summary of testimony the government intends to use under Rules 702, 703, or 705, Federal Rules of Evidence, during its case-in-chief at trial. This summary shall describe the witnesses’ opinions, the bases and reasons therefore, and the witnesses’ qualifications. To date, the government has made no expert disclosure. -1- Case 5:07-cr-00022-FPS-JES Document 6 Filed 06/04/07 Page 2 of 3 PageID #: 171 Discussion of Authority Rule 16(d) of the Federal Rules of Criminal Procedure provides that if a party fails to comply with Rule 16, the court may prohibit the party from introducing evidence not disclosed. See, e.g., U.S. Weatherspoon, 581 F.2d 595 (7th Cir. 1978(; U.S. v. Jackson, 508 F.2d 1001 (7th Cir. 1975). The May 14, 2007 order specifically provides that “on or before June 1, 2007, the government shall disclose” expert reports and the experts’ qualifications. The government has made no such disclosure. The government has not asked for an extension in which to provide expert reports. Conclusion On or before June 1, 2007, the government was required to disclose its expert reports. It failed to do so. It should not be permitted to produce any expert testimony at trial. Defendant, by counsel, /s/ Robert J. Gaudio Robert J. Gaudio W. Va. Bar #7356 RR2 Box 284 Triadelphia, WV 26059 304.243.5201 rgaudiolaw@yahoo.com -2- Case 5:07-cr-00022-FPS-JES Document 6 Filed 06/04/07 Page 3 of 3 PageID #: 172 CERTIFICATE OF SERVICE I hereby certify that on the 4th day of June, 2007, I have electronically filed this Memorandum of Law in Support of Defendant’s Motion to Exclude Expert Testimony for Failure to Comply with May 14, 2007 Order, with the Clerk of Court using the CM/ECF system which will then send notification of such filing to the following: Timothy D. Belevetz Assistant U.S. Attorney United States Attorney’s Office 2100 Jamieson Avenue Alexandria, VA 22314 Brian J. Samuels Assistant U.S. Attorney United States Attorney’s Office Fountain Plaza Three, Suite 300 721 Lakefront Commons Newport News, VA 23606 /s/ Robert J. Gaudio Robert J. Gaudio -3- Case Document 195 Filed 04/24/08 Page 1 of 1 PageID 857 A0156 - Verdict Form UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF WEST VIRGINIA WHEELING DIVISION - 9711: AP UNITED STATES OF AMERICA, 50F Plaintiff, V. VERDICT PAUL J. HARRIS, Defendant. CASE NUMBER: WE, THE JURY, in the above entitled and numbered case, UNANIMOUSLY FIND the Defendant, PAUL J. HARRIS, charged in the Indictment as to: COUNT 1 Guilty Not Guilty COUNT 2 Guilty Not Guilty - COUNT 3 Guilty Not Guilty COUNT 4 Guilty Not Guilty Not Guilty . 4/4 08 FOREP R50 ?5 SIGNATURE Case 5:07-cr-00022-FPS-JES Document 219 Filed 07/21/08 Page 1 of 2 PageID #: 3046 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA UNITED STATES OF AMERICA, Plaintiff, v. Criminal Action No.: 5:07-cr-22 PAUL J. HARRIS, Defendant. DEFENDANT'S NOTICE OF APPEAL COMES NOW Defendant, Paul J. Harris, pro se, and provides notice of his appeal to the United States Court of Appeals for the Fourth Circuit from the Order Denying Defendant's Motion for Costs And Fees And Request For In Camera Production Of Internal Government Memoranda, entered in this action on July 11, 2008. Defendant, pro se, /s/ Paul J. Harris Paul J. Harris W. Va. Bar # 4673 Fifteenth & Eoff Streets Wheeling, WV 26003 304.232.5300 -1- Case 5:07-cr-00022-FPS-JES Document 219 Filed 07/21/08 Page 2 of 2 PageID #: 3047 CERTIFICATE OF SERVICE I hereby certify that on the 21st day of July 2008, I electronically filed this Defendant's Notice of Appeal with the Clerk of the Court using the CM/ECF system, which will then send notification of such filing to the following: Timothy D. Belevetz Assistant U.S. Attorney United States Attorney's Office 2100 Jamieson Avenue Alexandria, VA 22314 Brian J. Samuels Assistant U.S. Attorney United States Attorney's Office Fountain Plaza Three, Suite 300 721 Lakefront Commons Newport News, VA 23606 Robert H. McWilliams, Jr. Assistant United States Attorney United States Attorney's Office 1125 Chapline Street Wheeling, WV 26003 /s/ Paul J. Harris Paul J. Harris -2- Case 5:07-cr-00022-FPS-JES Document 173 Filed 04/14/08 Page 1 of 1 PageID #: 782 Minute Entry Location: ________________ WHEELING U.S.A. Case No: 5:07-CR-22 v. PAUL J. HARRIS Hearing Date: ___________ 04/14/2008 (4' 50" ) Judge: Judge Stamp Court Reporter: Jennifer Vail-Kirkbride ____________________________________ 1) Gvt/Plntf Attorney: Robert H. McWilliams, AUSA; Brian J. Samuels, AUSA 2) Defense Attorney: Paul J. Harris, Pro Se ( with Robert J. Gaudio as stand-by counsel) Type of Hearing: JURY TRIAL (First Day) Courtroom Deputy: S. Abraham Judge's Findings/Rulings: 60 Prospective jurors sworn on Voir Dire. 12 regular and 2 alternates were empaneled and sworn to try the issue. Preliminary instructions given to the jury by the Court. Opening statement by Mr. McWilliams, Partial Opening statement by Mr. Harris. Record of Hearing, Continued: