U.S. v. Brown, 03 CR 1255.

Page 358

345 F.Supp.2d 358

UNITED STATES of America, Plaintiff, v. Radcliffe BROWN, Defendant.

No. 03 CR 1255.

United States District Court, S.D. New York.

November 9, 2004.

Scott Marrah, U.S. Attorney Office Criminal Division, New York City, for Plaintiff.

Philip L. Weinstein, The Legal Aid Society, Federal Defender's Division, New York City, for Defendant.

DECISION AND ORDER

MARRERO, District Judge.

Defendant Radcliffe Brown ("Brown") was charged in a three-count indictment alleging possession with intent to distribute marijuana; that during and in relation to a drug trafficking crime, he knowingly carried a firearm, and in furtherance of such a crime possessed a firearm; and that, after having been convicted of a crime punishable by imprisonment for a term exceeding one year, he knowingly possessed a firearm. Brown pleaded guilty to the first and third counts in the indictment on June 18, 2004. A bench trial on the remaining count was scheduled for November 9, 2004.

By letter to the Court dated November 8, 2004, defendant Radcliffe Brown requested rulings on certain motions in limine regarding the admissibility of the Government's proffered expert testimony, and Brown's prior criminal history and a statement that he made at the time of his arrest. Having reviewed the parties' submissions and oral arguments, the Court has decided the following.

As to the testimony of the Government's proffered expert, Investigator Ralat, the Court will permit the testimony subject to a determination that this evidence will assist the Court in deciding the issues before it. See Fed.R.Evid. 702. To facilitate this determination, the Government must provide the Court with a thorough statement of Investigator Ralat's expertise in the areas about which he is expected to testify, and regarding the specific topics that Investigator Ralat's testimony will address. This information can be elicited through Brown's voir dire of the witness, or through the Court's own questioning. Only with this additional information will the Court be able to assess whether or not Investigator Ralat's testimony will assist it in determining facts at issue, and the reliability of Investigator Ralat's testimony on those issues. See Fed.R.Evid. 702 & cmt.; United States v. Santiago, 199 F.Supp.2d 101, 110-12 (S.D.N.Y.2002) (citing Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999)); see also United States v. Young, 745 F.2d 733, 760-61 (2d Cir.1984) (holding that expert testimony may be elicited from law enforcement officers, even where they appear as fact witnesses in the case).

With respect to Brown's prior convictions, the Court finds that they are admissible in the Government's case-in-chief. Brown's criminal record of drug activity is probative as to his knowledge, motive or intent with respect to the facts at issue in this case, namely whether Brown possessed the firearm recovered from his waistband in furtherance of a drug transaction. See Fed.R.Evid. 404(b); United States v. Inserra, 34 F.3d 83, 89 (2d Cir.1994). The probative value of this evidence outweighs any prejudicial effect that it...