Free Witness List - District Court of Federal Claims - federal

Case 1:05-cv-00186-FMA

Document 67

Filed 04/21/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff,) ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________)

LAVETTA ELK,

Case No. 05-186L Judge Francis M. Allegra

PLAINTIFF'S SECOND AMENDED WITNESS LIST (Amended for purpose of removing Joseph Kopf as witness) Plaintiff, LAVETTA ELK, by and through her undersigned counsel, pursuant to Court Order dated March 14, 2008, hereby amends its Witness List to be used at jury trial: FACT WITNESSES WILL CALL 1. Lavetta Kathy Elk #484 Wounded Knee Housing Wounded Knee, SD 57794 (605) 867-5466 Lavetta Elk is the Plaintiff in this case and will testify as to the facts of the sexual assault; her being recruited to join the Army by Sgt. Kopf; the type of relationship she had with Sgt. Kopf; her knowledge of the circumstances leading up to the assault and the facts that occurred before, during and after the assault; her psychological and emotional state before and after the sexual assault; and how it has impacted her life. Expected length of testimony excluding cross examination ­ 1.5 hours 2. Jackie Randall P.O. Box 473 Kyle, SD 57752 605 455-2278 Cousin of Ms. Elk; Subject matter about which she will testify includes Sgt. Kopf dropping Ms. Elk off at her home after the assault; her observations of Ms. Elk's psychological and emotional condition, and her account of the sexual assault Herman & Mermelstein, P.A. www.hermanlaw.com

Case 1:05-cv-00186-FMA

Document 67

Filed 04/21/2008

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Case No. 05-186L immediately after it occurred; and knowledge of physical and personality changes in Ms. Elk. Expected length of testimony excluding cross examination ­ 10 minutes or less 3. Noritta High Hawk Box 104 Wounded Knee, SD 57794 (605) 441-8727 Ms. Elk's Aunt; subject matter about which she would testify would include her relationship with the Plaintiff; her knowledge of Plaintiff's aspirations of joining the Army; her knowledge of Plaintiff attending college; her conversation with Ms. Elk after the sexual assault occurred; her observations of Ms. Elk's psychological and emotional condition after the assault. Expected length of testimony excluding cross examination ­ 10 minutes or less 4. Jerilyn Elk #484 Wounded Knee Housing Wounded Knee, SD 57794 (605) 867-5466 Mother of Ms. Elk; subject matter about which she would testify would include her relationship with Ms. Elk; knowledge of Ms. Elk's academic accomplishments and career ambitions; her knowledge of Sgt. Kopf picking up Ms. Elk at her home; knowledge of Ms. Elk's sleep patterns and activities of daily living after the sexual assault. Expected length of testimony excluding cross examination ­ 20 minutes or less 5. Lloyd Elk P.O. Box 146 Ft. Hall, ID 83221 Brother of Ms. Elk; knowledge of his relationship with Ms. Elk; knowledge of Ms. Elk's military ambition; his going to the police station where Lavetta made her statement after the sexual assault; his close, personal relationship with Plaintiff, and his resulting ability to observe changes in her psychological and emotional state; knowledge of her prior relationships with men; knowledge of his observations of Ms. Elk's psychological and emotional condition related to the sexual assault and other personal matters. Expected length of testimony excluding cross examination ­ 20 minutes or less Herman & Mermelstein, P.A. -2www.hermanlaw.com

Case 1:05-cv-00186-FMA

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Case No. 05-186L

6.

Leah White Bear Claw c/o Cangleska P.O. Box 3003 Pine Ridge, SD 57770 Outreach Advocate, Cangleska, Inc, counselor. Subject matter about which she will testify includes her meeting with Lavetta Elk and how she helped Ms. Elk cope with the assault; and her knowledge of the extent and scope of Lavetta Elk's damages. Expected length of testimony excluding cross examination ­ 20 minutes

MAY CALL 7. Shane Montgomery P.O. Box 473 Kyle, SD 57752 (last known address) (605) 441-1811 Boyfriend of Jackie Randall at the time of the assault; subject matter about which he will testify includes Ms. Elk being dropped off at his home after the sexual assault occurred, and his observations of Ms. Elk's psychological and emotional state at that time. Expected length of testimony excluding cross examination ­ 10 minutes or less

8.

Carol Ann Black Elk Weston P.O. Box 346 Porcupine, SD 57772 (605) 441 3667 Ms. Elk's Aunt; subject matter about which she would testify would include her relationship with Mr. Elk; her going to Kyle after the sexual assault occurred to meet Ms. Elk, and going to the police station where Ms. Elk gave a statement; and her observations of Ms. Elk`s psychological and emotional condition after the sexual assault. Expected length of testimony excluding cross examination ­ 10 minutes or less

Herman & Mermelstein, P.A.

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www.hermanlaw.com

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Case No. 05-186L 9. Emerson Elk #484 Wounded Knee Housing Wounded Knee, SD 57794 (605) 867-5466 Father of Ms. Elk; subject matter about which he would testify include his relationship with Ms. Elk; knowledge of Ms. Elk's academic accomplishments and career ambitions; his personal knowledge of Sgt. Kopf picking up Lavetta Elk at their home; his knowledge of the contents of his written statement; his knowledge of the treatment Plaintiff received following the sexual assault, and his observations of Ms. Elk's demeanor and emotional state before and after the sexual assault. Expected length of testimony excluding cross examination ­ 10 minutes or less

10.

Daverine Elk #484 Wounded Knee Housing Wounded Knee, SD 57794 (605) 867-5466 Sister of Ms. Elk; knowledge of her relationship with Ms. Elk; knowledge of living at home with Ms. Elk at their parent's house; knowledge of arriving at police station along with her two aunts, Carol and Noritta, where Lavetta gave her statement; knowledge of Ms. Elk's aspirations and her plans to go to college; her observations of Ms. Elk's emotional condition related to the sexual assault. Expected length of testimony excluding cross examination ­ 10 minutes or less

11.

Cecilia Fire Thunder c/o Cangleska, Inc. P.O. Box 3003 Pine Ridge, SD 57770 Ms. Elk first spoke with Ms. Fire Thunder regarding the assault; subject matter about which she is expected to testify includes how Ms. Elk has coped with the assault; and her knowledge of the extent and scope of Lavetta Elk's damages Expected length of testimony excluding cross examination ­ 10 minutes

Herman & Mermelstein, P.A.

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Case No. 05-186L 12. David Swallow, Jr. (Medicine Man) P.O. Box 286 Porcupine, SD 57772 Medicine Man who met with Lavetta Elk; subject matter about which he will testify includes his knowledge of Ms. Elk's emotional and spiritual problems resulting from the assault. Expected length of testimony excluding cross examination ­ 10 minutes EXPERT WITNESS WILL CALL 13. Stephan P. Manlove, M.D. Manlove Psychiatric Group, D.C. 636 St. Anne Street Rapid City, SD 57701 (605) 348-8000 Dr. Manlove is a forensic psychiatrist. Subject matter about which he is expected to testify includes is qualifications, education and experience, the results of the forensic psychiatric evaluation of Ms. Elk. Expected length of testimony excluding cross examination ­ 1 hour 14. Donald L. Frankenfeld Frankenfeld Associates Interactive 815 St. Joseph Street Rapid City, South Dakota 57701 (605) 348-8441 Mr. Frankenfeld is an economist/financial expert. Subject matter about which he is expected to testify includes his qualifications, education and experience, the contents of his report dated June 1, 2007 and Ms. Elk's projected future lost wages and earning capacity. Expected length of testimony excluding cross examination ­ 1 hour

Herman & Mermelstein, P.A.

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www.hermanlaw.com

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Filed 04/21/2008

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Case No. 05-186L

Respectfully submitted, HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiff 18205 Biscayne Boulevard Suite 2218 Miami, Florida 33160 Telephone (305) 931-2200 Facsimile: (305) 931-0877 www.hermanlaw.com

By:

/s/ Adam D. Horowitz . JEFFREY M. HERMAN, ESQ. [email protected] STUART S. MERMELSTEIN, ESQ. [email protected] ADAM D. HOROWITZ, ESQ. [email protected]

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 21, 2008, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Steven D. Bryant, Esq. [email protected]

/s/ Adam D. Horowitz
Amended Witness List - 2ND

Herman & Mermelstein, P.A.

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