United States District Court, D. Hawaii
ORDER DENYING ADMISSION OF DEFENDANT GUIRGUIS'
PROPOSED EXHIBITS 1060, 1061, 1064, 1065, AND 1066 and
LIMITING THE TESTIMONY OF EXPERT WITNESS GARRET HOE
GILLMOR, UNITED STATES DISTRICT JUDGE
Guirguis sought to admit Exhibits 1060, 1061, 1064, 1065, and
1066. Exhibits 1060 and 1061 are summary charts prepared by
his expert witness, Garret Hoe, a certified public
accountant. Exhibits 1064-66 are unfiled tax returns that
Defendant Guirguis signed on October 19, 2018, the day of the
Court's Final Pretrial Conference.
Guirguis argued the five exhibits were relevant to the
charges against him for allegedly filing false tax returns.
Government opposed the admission of all five exhibits.
Court held a hearing on November 8, 2018, before Defendant
Guirguis' expert was called to testify. (ECF No. 144). At
the hearing, Defendant Guirguis withdrew his request to admit
the proposed exhibits 1060, 1061, 1064, 1065, and 1066.
Court held voir dire with Defendant Guirguis' expert, Mr.
Hoe. The Court permitted Mr. Hoe to testify before the jury
but limited the scope of his testimony.
Order contains the written basis for the oral rulings
rendered on November 8, 2018.
is relevant if (a) it has any tendency to make a fact more or
less probable than it would be without the evidence; and (b)
the fact is of consequence in determining the action.
Fed.R.Evid. 401. Irrelevant evidence is not admissible.
Fed.R.Evid. 402; United States v. Whistler, 139
Fed.Appx. 1, 2 (9th Cir. July 5, 2005).
evidence may be inadmissible if it is substantially
outweighed by prejudice, including the danger of confusing
the issues, misleading the jury, or undue delay. Fed.R.Evid.
Disclosure Of Expert Witness
Rule of Criminal Procedure 16(b)(1)(C) requires the defendant
to provide the Government with a written summary of any
testimony the defendant intends to use as evidence at trial
pursuant to Fed.R.Evid. 702, 703, or 705. The summary must
describe the witness's opinions, the bases and reasons
for these opinions, and the witness's qualifications.
Fed. R. Crim. P. 16(b)(1)(C).
to comply with Rule 16 disclosure requirements may result in
the exclusion of the proffered evidence. Fed. R. Crim. P.
Witness Opinion Testimony
Rule of Evidence 702 governs the admissibility of expert
opinion testimony. Expert testimony assists the trier of fact
when it provides information beyond the common knowledge of
the trier of fact. Daubert v. Merrell Dow Pharm.,
Inc., 509 U.S. 579, 591 (1993).
expert may base an opinion on facts or data in the case that
the expert has been made aware of or personally observed.
Fed.R.Evid. 703. The expert's opinion may not rely upon
unsubstantiated, erroneous, or speculative facts or data.
United States v. Santini, 656 F.3d 1075, 1078-79
(9th Cir. 2011).
witnesses must not state an opinion about whether the
defendant did or did not have the requisite mental state to
commit the charged offenses. Such matters ...