Free Other Notice - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona GARY M. RESTAINO Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 017450 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America Plaintiff, v. Larry James Rady, Defendant. UNITED STATES' NOTICE OF INTENT TO RELY UPON EVIDENCE PURSUANT TO RULE 702, FEDERAL RULES OF EVIDENCE CR04-585-PHX-FJM

The United States, by and through counsel undersigned and pursuant to the Minute Entry

16 of August 29, 2005, provides formal notice that it intends to introduce certain evidence at the 17 trial of this matter. 18 1. The government intends to call a Firearms Enforcement Officer from the Bureau of Alcohol, 19 Tobacco and Firearms to testify in regard to the examination of the charged silencer, specifically 20 that it has the requisite characteristics of a firearms silencer. The Firearms Enforcement Officer 21 is also expected to testify about his review of a photograph in which defendant is holding a 22 suspected firearm, specifically that the suspected firearm has characteristics consistent with a 23 Browning, model Benchmark .22 caliber pistol. 24 The bases for the first opinion are contained in the previously-produced silencer report, and 25 both opinions are based on the witness' training and experience as a Firearms Enforcement 26 Officer. The witness will be designated from among the officers who have reviewed the relevant 27 evidence in this case, specifically Earl Griffith, Michael Knapp or Michael Curtis. 28 the designated witness will be produced prior to trial. A c.v. of

Case 2:04-cr-00585-FJM

Document 72

Filed 11/20/2005

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1 2. The government intends to call a DNA technician from LabCorp, a private company agreed 2 upon by the parties to this action to conduct the DNA examination. The DNA technician is 3 expected to describe the general process for swabbing physical evidence for trace DNA, and of 4 quantifying and amplifying any trace evidence found for comparison to a known sample; the 5 DNA technician is also expected to describe the specific process used in the instant case and the 6 comparison of Larry Rady's DNA to trace evidence found on three of the charged firearms in 7 this case. The DNA technician is expected to opine that Larry Rady is excluded from the trace 8 evidence found on the silencer, but that he cannot be excluded from the trace evidence found on 9 the charged revolver and the charged pistol. The DNA technician is also expected to opine on 10 the reasons why an individual may touch an object without leaving (or preserving) trace DNA 11 sufficient for comparison. 12 The bases for the opinions are contained in the previously produced report and the

13 supplemental report, in addition to the previously-produced Certificate of Analysis, the Quality 14 Assurance/Quality Control Manual and the Standard Operating Procedures. The witness will 15 be designated from among the technicians who have reviewed the relevant evidence in this case, 16 specifically Technical Director Meghan Clement or Associate Technical Director A. Dwayne 17 Winston. A c.v. of the designated witness will be produced prior to trial. 18 19 20 21 22 23 24 25 GARY M. RESTAINO Assistant U.S. Attorney CERTIFICATE OF SERVICE Respectfully submitted this 20th day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino

I hereby certify that on this date, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic 26 Filing to the following CM/ECF registrants: David Fuller. 27 28
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Case 2:04-cr-00585-FJM

Document 72

Filed 11/20/2005

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