Free Motion to Exclude - District Court of California - California

Case 3:07-cr-03470-BEN

Document 21-6 Filed 04/14/2008 Page 1 of 2 U.S. Department of Justice Karen P. Hewitt United States Attorney Southern District of California
Paul L. Starita Assistant United States Attorney (619) 557-6507 Fax (619) 235-2757
Imperial County Office 513 Industry Way Suite C Imperial, California 92251

San Diego County Office Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893

April 10, 2008 VIA ELECTRONIC MAIL Timothy A. Scott, Esq. Law Office of Timothy A. Scott 1350 Columbia Street, Suite 600 San Diego, California 92101 Re: United States v. Julio Beltran-Lay Criminal Case No. 08CR3470-BEN

Dear Mr. Scott: This letter serves as the Government's notice of evidence to be presented at trial in the abovereferenced case pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G), and Federal Rules of Evidence 702, 703, and 705. The Government intends to elicit testimony from Mr. David Beers. Mr. Beers will testify as an expert in the field of fingerprint examination. Specifically, he will testify regarding the known fingerprints of your client and will describe the process used in analyzing and comparing these fingerprints. Mr. Beers will opine that the fingerprints contained on the documents found in your client's A-File match the known prints of your client taken by Mr. Beers on April 9, 2008. A copy of Mr. Beers' statement of qualifications and his report of analysis are attached for your review. Additionally, the Government intends to elicit testimony from Senior Border Patrol Agent Sean Braud, Department of Homeland Security, regarding his review of documents in your client's A-File and the Department of Homeland Security's computer databases. Although the Government does not necessarily believe that Agent Braud is an expert witness under Federal Rule of Criminal Procedure 16(a)(1)(G), we, nonetheless, inform you that he will testify that there is no record of your client filing an application for permission from the requisite authorities to reenter the United States after your client's most recent deportation/removal from the United States to Mexico. Further, Agent Braud will testify that there is no record of the requisite authorities granting your client permission to reenter the United States after your client's deportation/removal from the United States to Mexico. Agent Braud will base his testimony on his background, education, experience, training and his familiarity with the Department of Homeland Security's computer databases.

Case 3:07-cr-03470-BEN Document 21-6 Timothy A. Scott, Esq. Re: United States v. Julio Beltran-Lay Criminal Case No. 08CR3470-BEN April 10, 2008 Page 2 of 2

Filed 04/14/2008

Page 2 of 2

Pursuant to Federal Rule of Criminal Procedure 16(a)(1)(C), the Government hereby requests a similar written summary regarding experts that the Defendant may call at trial. Please contact me if you have any questions or if you are interested in entering into a stipulation regarding any of this evidence. Sincerely, KAREN P. HEWITT United States Attorney

Paul L. Starita
PAUL L. STARITA Assistant United States Attorney
Attachments: Mr. Beers' Statement of Qualifications Mr. Beers' Report of Analysis re Julio Beltran-Lay