June 30, 2007

Family Law Expert Witness Testifies in Moonda Case

Family law expert witness David Pollock testified in Donna Moonda's murder trial that she would have received between $1.2 million and $1.6 million in a divorce settlement and more than $3million if her husband died. Moonda, a former nurse, faces death penaly charges in the death of her 69-year-old physician husband. Prosecutors accuse her of conspiring with drug dealer Damian Bradford to collect an inheritance.

The defendant originally gave authorities a description of the gunman, who would have been much smaller than Bradford. A psychology expert witness is expected to testify about how common it is for witnesses at a traumatic event to wrongly recall details and descriptions, as reported in The Tribune Chronicle.

June 29, 2007

Expert Witnesses Can Both Sue and Be Sued

Many expert witnesses do not realize that they can file suit against the law firm that retained the expert if the expert is sued for negligence.

In the 2005 California case of Forensis Group, Inc. v. Frantz, Townsend & Foldenauer, an expert witness was sued for professional negligence for his work in a wrongful death case involving a forklift. The law firm Frantz, Townsend & Foldenauer sued the forklift manufacturer on behalf of the family and retained a mechanical engineering expert witness. At his deposition, the expert did not identify any applicable safety standards, but when the manufacturer later moved for summary judgment, the expert stated in a declaration that the vehicle failed several safety standards. The court granted summary judgment, noting that the expert had contradicted himself. The family filed a malpractice suit against the law firm, and the expert. The expert cross-claimed against the law firm for equitable indemnity, alleging that because he was retained by the law firm, the lawyers should share the loss attributable to the expert's unsuccessful opposition to the motion for summary judgment. The expert charged that the lawyers had not provided him with adequate information, had failed to rehabilitate him at his deposition, and had failed to brief the court on the law regarding the admissibility of evidence regarding industry standards.

Continue reading "Expert Witnesses Can Both Sue and Be Sued" »

June 28, 2007

Judge Sets Parameters for Expert Witness Testimony in Nacchio Trial

The SEC's civil fraud case against former Qwest chief executive Joe Nacchio will most likely not go to trial until 2009. The SEC asserts that Nacchio and other former Qwest officials falsely inflated revenue by $3 billion from 1999 to 2002. U.S. Magistrate Judge Craig Shaffer gave the parties until Oct. 15, 2008, to submit information on proposed expert witnesses. The judge said he does not expect to allow depositions of the securities expert witnesses. As reported in the Denver Post, the SEC plans to file a motion for summary judgment against Nacchio in August, asking that Nacchio be found guilty of all or part of the charges.

Nacchio, already convicted of illegal insider trading for stock sales from April to May 2001, is scheduled to be sentenced July 27 on his criminal conviction on 19 counts of illegal insider trading.

June 27, 2007

Could You Use Your Expertise to Become an Expert Witness?

Thinking about becoming an expert witness? A logical first step is to figure out your area of expertise. Slate.com writes:

According to the Federal Rules of Evidence, an expert witness can be anyone with special "knowledge, skill, experience, training, or education." An expert can testify under the following conditions: The testimony must be based on sufficient facts or data; the testimony must be the product of reliable principles and methods; and the witness must have applied the principles and methods reliably to the facts of the case. In general, expert witnesses are called in when "scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue."

Always keep in mind that an expert witness must pass the Daubert test. Trial judges evaluate expert witnesses to determine whether their testimony is relevant and reliable. You must demonstrate that the evidence you present as an expert fits the facts of the case and your conclusions were derived from scientific methods.

June 26, 2007

Environmental Expert Witnesses to Speak at NGWA Conference July 24-25

The National Ground Water Association is hosting the 5th Ground Water and Environmental Law Conference in Dublin, OH, on July 24-25, 2007. Lawyers and environmental expert witness speakers will cover groundwater litigation cases and forensic environmental investigations. Topics for day two will include new water law regulations, groundwater models, risk assessment, ethics for attorneys and expert witnesses, and a mock trial. The NGWA website states:

The first four of these conferences have been outstanding as a direct result of lawyers and expert witnesses who became part of the process providing excellent quality presentations including trial reenactments.

The 2007 NGWA Ground Water Expo and Annual Meeting will take place in Orlando, Florida, December 4-7. The educational program ranges from drilling operations to professional development and numerous networking opportunities.

June 25, 2007

Don't Go Bargain Basement with Expert Witnesses

As a practicing lawyer, clients may scrutinize every expense and hour you bill in their case. The key to avoiding billing surprises with your clients is to communicate your billing practices. While money has to be considered in hiring an expert witness, it is not the best place to cut costs. Advise your client not to expect experts to discount their fees. A good expert witness is not a bargain expert witness.

Expert witnesses have the education, training, and experience that makes them knowledgeable in their field. While it is understandable that clients want to keep litigation costs to a minimum, in order to win their case, it is advisable not to cut expert witness costs.

June 24, 2007

Gang Expert Witness Testifies on Violent Rivalry

Gang expert witness Ray Villalvazo testified Friday on the rivalry between two Asian gangs in Fresno which led to death of 20-year-old Nath Ouch and her unborn child. As reported in The FresnoBee:

When Asian Boyz gang members unleashed a hail of more than 30 bullets into a southeast Fresno apartment complex parking lot in January 2006, it was the "ultimate response" to earlier drive-by shootings by members of the rival Tiny Rascal Gang. "It sent a strong message to say to the rival gang, 'Don't mess with us,' " expert witness Villalvazo said in Fresno County Superior Court. That message also put a bullet in the back of Nath Ouch, who was eight months pregnant. Both Ouch and her unborn child died. Prosecutor Jon Skiles says the Asian Boyz gang members fired bullets at the apartment complex because they knew it was a hangout for members of the Tiny Rascal Gang.

Villalvazo estimated there are 50 members of the Asian Boyz gang in Fresno. Asked about the gang's "primary activities," he listed a series of criminal practices: "Possession of firearms, firing at residences, attempted murder, homicide, vandalism, intimidating witnesses, just to name a few," he said. When people join the gang -- at ages as young as 12 or 13 -- they're called "new booty" and have to earn their stripes, Villalvazo said. To accomplish that, he said, they "do dirt." Translation: They commit crimes. More crimes earn gang members more respect, Villalvazo said

June 23, 2007

Expert Witness Says Deputy Webb Justified in Shooting Unarmed Man

Ivory J. Webb Jr., a sheriff's deputy in San Bernardino County, says he was justified in shooting an unarmed man at the end of a car chase. Webb is charged with attempted voluntary manslaughter and assault with a firearm. Law enforcement and police procedures expert witness Kent Ferrin told the jury that he was convinced Webb shot Elio Carrion because Webb believed Carrion had lunged at him. The defense expert witness, an 18-year police veteran, was cross-examined for more than four hours in the San Bernadino Superior Court case. The DailyBulletin.com reported:

"He felt that his life was in danger," Ferrin testified. "He discharged his weapon at Mr. Carrion because he felt his life was in danger." However, a videotape of the Jan. 29, 2006, shooting appears to show Webb shoot Carrion as Carrion followed the deputy's orders to "get up" off the ground. Closing arguments are expected by June 26.

June 22, 2007

HR Expert Witness Convincing in Case that Awards $2M to WalMart Pharmacist

A human resources expert witness's presentation helped convince a Berkshire County, MA, jury to award $2 million to a former Wal-Mart pharmacist. Plaintiff Cynthia Haddad claimed she was paid less than male pharmacists and was fired in retaliation for complaining.

Massachusetts Lawyer Weekly reports that after more than 10 years at the Pittsfield Wal-Mart, Haddad complained that the retail giant laid her off after she asked to be paid the same as her male counterparts. The company paid her a bonus and then fired her two weeks later. Wal-Mart said the pharmacist was laid off because she left the pharmacy unattended during a period in which an authorized prescription was written by a technician. The jury also heard from North Andover attorney Julie A. Moore, an employment expert witness.

June 21, 2007

Expert Witness's MO is Scrupulous

When A. Bernard Ackerman, MD, a New York dermatopathology expert witness, is hired, he refuses to know which side the lawyer represents in the case. Ackerman's goal is to keep his presentation of the facts and opinion objective. PointofLaw.com writes:

"I want to let the facts speak for themselves," said Dr. Ackerman, who has testified equally for the defense and the plaintiff in medical liability cases and in other cases where medical expertise is needed, such as criminal cases. Sticking to the facts, he says, prevents a cross-examining lawyer from tripping him up about his opinion being consistent.... States in recent years have ratcheted up efforts to rein in false medical expert witnesses. They have adopted legislation requiring experts to be qualified or have stepped up state medical board oversight over who testifies and what they say.

June 20, 2007

Expert Witness Criticized in Nifong Disbarment Hearing

Brain Meehan, Director of DNA Security Inc., is often called upon as an expert witness . Unfortunately, the DNA expert witness lost some credibility when his testimony was criticized in Durham District Attorney Mike Nifong's disbarment hearing. As reported in The News & Observer:

Lawyers on both sides and the panel chairman criticized his testimony during the hearing. From the moment Meehan stepped down through the end of the hearing, Williamson derided the scientist's testimony, referring to him as "Mr. Obfuscation" and calling the scientist an "erratic witness at best." Even Nifong's attorney stated that "I wouldn't make much out of what Dr. Meehan said." Meehan can expect those comments to come up when he's cross-examined in any future cases.

June 19, 2007

Court Excludes Expert Witness Testimony In Bridgestone Case

In Oliveira v. Bridgestone, 2007 U.S. Dist. LEXIS 41407, the Northern District of Georgia court ruled to exclude the testimony of the plaintiffs' liability expert witness, Jon M. Crate. The plaintiffs allege that the right rear tire of their vehicle suffered a blowout due to a defect in the tire and caused an accident resulting in serious injury. They charge Bridgestone with (1) strict liability, (2) negligence, (3) misrepresentation, and (4) breach of warranty. Expert witness Crate testified on the cause of the tire blowout and the resultant vehicle rollover. The blowout, according to Crate, was caused by tread separation due to a defect in the tire. However, Bridgestone argued that the plaintiffs' expert witness had a general background in polymer chemistry, materials failure, and metallurgy, but was not qualified to render expert witness testimony about tire failure and tread separation since he has no special education or experience in that particular field.

The court upheld the defendants' motion to exclude the testimony of Jon M. Crate.

June 18, 2007

Second Career As Expert Witness Not for Everyone

A career as an expert witness can be monetarily rewarding but it is not for everyone states Rosalie Hamilton of Expert Communications, a business development firm for expert witnesses. Hamilton wants those who are considering becoming an expert witness as a second career to realize that "litigation is a high-stress production...Getting grilled in deposition, and then cross-examined in court before a judge and jury, can redefine stress!" As reported in eMediaWire:

According to Black's Law Dictionary, an expert witness is a person who through education or experience has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fortunately, most of the work of an expert consultant is prior to or exclusive of courtroom testimony. Experts are used to investigate, evaluate, educate, or render an opinion, in written and/or oral format -- activities that assist attorneys, insurers, judges, and juries to determine the facts in a claim, lawsuit, or other dispute. And some expert consultants confine themselves to activities other than testimony, such as reviewing potential medical malpractice cases to determine whether the case should be litigated.

Hamilton gives this advice, "Do your research, learn what it's really like (in real life, not television), and then decide if it's right for you."

June 17, 2007

Enivronmental Expert Witness to Address Vancouver 9/11 Truth Conference

Leuren Moret, independent scientist and international expert on radiation and public health issues, will address the Vancouver 9/11 Truth Conference on June 22-24, 2007. Moret, expert witness at the 2004 Tokyo International Tribunal for War Crimes in Afghanistan, will speak on the public health risk posed by the use of depleted uranium (DU) weapons by the U.S. military forces in Iraq, Yugoslavia and Afghanistan. Environmental expert witness Moret reported elevated radiation readings downwind from the Pentagon in Washington, D.C. on September 11, 2001. Two days after 9/11, the EPA confirmed that the crash site rubble was radioactive and that it was probably depleted uranium (DU) contaminating the Pentagon crash site rubble, as reported in the Online Journal.

The demonstrated public health effects of depleted uranium (DU) weapons include: diabetes; cancer; birth defects; chronic diseases caused by neurological and neuromuscular radiation damage; mitochondrial diseases (Chronic Fatigue Syndrome, Lou Gehrig’s Disease, Parkinson’s and Alzheimer’s; heart and brain disorders); global DNA damage in men’s sperm; infertility in women; learning disabilities such as autism, and dyslexia; mental illness; infant mortality and low birth weights; Increase in death rates and decrease in birth rates.

June 16, 2007

Real Estate Appraisal Expert Witness Previals in MA Tax Case

In a high profile property tax case, the Massachusetts Appellate Tax Board ruled in favor of West Tisbury, MA assessors. The Tax Board found that William W. Graham was not owed the $300,000 tax relief he sought. The ruling depended in large part on the report of the assessors' real estate appraisal expert witness while the board dismissed testimony from Mr. Graham's expert witness saying that he lacked experience necessary in the case.

The board ordered West Tisbury assessors to reimburse Mr. Graham a total of approximately $5,000 as reported in the Martha's Vineyard Gazette.

June 15, 2007

Expert Witnesses Present Opposing Vehicular Manslaughter Evidence

Edith Delgado has pleaded not guilty to three counts of vehicular manslaughter with gross negligence. An eye witness and an expert witness for the defense testified Friday that Delgado was traveling just 70 miles per hour last July when she struck an SUV on U.S. Highway 101 resulting in the deaths of three people. The prosecution's claims that Delgado, 19, was driving between 80 and 90 mph when she sideswiped a Ford Explorer. The accident took the lives of Tonga's Prince Tu'ipelehake, 54, Princess Kaimana Tu'ipelehake, 45, and the driver of the Explorer, Vinisia Hefa.

Chris Kauderer, traffic-accident reconstruction expert witness, used accident simulation software to show that Delgado was traveling at 70 mph. Eyewitnesses claimed that Delgado was driving closer to 80 mph and seemed to be racing a black Cadillac Escalade.

Expert witness Kauderer contradicted the testimony of John Daly, an accident-reconstruction expert witness for the prosecution who testified earlier in the week that it was impossible to tell how fast the Mustang was traveling, reports InsideBayArea.com.

June 14, 2007

Expert Witnesses Persuasive in DuPont Case

A Jones County, MS, jury decided against a couple’s claim that dioxins from the DuPont Co.’s plant on the Gulf Coast were responsible for the death of their daughter. Kerman and Naomi Ladner of DeLisle filed a lawsuit claiming that their daughter's liver cancer and heart problems were caused by dioxins released from DuPont’s plant. The DeLisle facility is the second-largest titanium dioxide maker in the country.

DuPont called several environmental expert witnesses to rebut claims made by the plaintiffs. Expert witness testimony led the Jones County jury to find that DuPont “negligently released dioxins and arsenic from the DeLisle facility” but did not link the release to the death of the Ladners’ daughter reports The Laurel Leader-Call.

June 13, 2007

Expert Witnesses Testify in Police Officer Conspiracy Trial

Worcester, MA police officer Heriberto Arroyo was convicted June 7th in U.S. District Court on two conspiracy drug charges. Arroyo was found guilty of conspiracy to possess GBL and GHB and conspiracy to possess Ecstasy and cocaine. GHB is widely believed to be used primarily for drugging women for purposes of sexual assault. Each conviction carries a maximum penalty of one year in prison. Prosecutors called three expert witnesses on GBL and GHB, which weightlifters and party-goers use. No law enforcement expert witnesses were called.

The jury found Patrolman Arroyo not guilty of conspiracy to possess GHB and GBL with intent to distribute, which carries a maximum 20 year sentence reports Telegram.com.

June 12, 2007

State Expert Witness's Flawed Testimony Results in New Trial

Flawed testimony by a state expert witness led to a new trial for Julie Amero, the Norwich substitute teacher accused of surfing Internet porn in the classroom. New evidence contradicts information presented by the state's computer expert witness. New London, CT, Superior Court Judge Hillary B. Strackbein said, "The jury may have relied, at least in part, on that false information." She ordered a new trial "in the interest of justice."

The defense claims Amero's computer was inundated with adware-generated pop-up ads, contradicting the state's contention the surfing was deliberate reports Norwich Bulletin.com.

June 11, 2007

Security Expert Witness Opines at Air India Inquiry

Testifying as a security expert witness at the Air India inquiry, Dr. Kathlenn Sweet, said she had spotted an unlocked gate at a jet fuel depot at Toronto's Pearson International Airport. Dr. Sweet, a former U.S. Air Force attaché in Moscow, was surprised to see the open gate, given the risks of a terrorist attack at an airport. She found the unlocked gate particulary alarming because she spotted it flying into Canada less than a week after U.S. authorities uncovered a plot to blow up jet fuel pipelines and storage facilities at JFK Airport.

As reported in GlobeMail.com, expert witness Dr. Sweet told the inquiry that air safety authorities should not expect to plug their security gaps with expensive new high-tech screening equipment if they are neglecting simple and cheap measures, such as locking fuel depots.

June 10, 2007

Entomologist Expert Witness Testifies in Mass-murder Trial

Entomologist expert witness Lynn Kimsey identified evidence on a car radiator and air filter in the mass-murder trial of Vincent Brothers. Kimsey was asked by two FBI agents and a Bakersfield police detective to identify insect specimens and their origin as evidence in the multiple-murder case. In July 2003, Brothers allegedly flew from Bakersfield to Ohio and drove a rental car back to Bakersfield in order to kill his estranged wife, their three children and his mother-in-law.

The California Aggie reports that Brothers' defense team called four expert witnesses of their own, three from Purdue University and one from Illinois, to counter Kimsey. They claimed that insects are easily distributed, attempting to cast doubt on the prosecution's theory that Brothers drove to California.

June 9, 2007

Judge Rules Opposing Expert Witness Testimonies Will Stand

In Dennis Reedy v. CSX Transportation, Inc., 2007 U.S. Dist. LEXIS 36539, the US District Court for the Western District of Pennsylvania denied the parties' cross-motions to exclude the testimony of liability expert witnesses. Plaintiff Reedy claims negligence against the defendant CSX for injuries sustained on his job at Keystone Iron & Metal Co.

The plaintiff attacked defense expert witness Mr. Daum's reliance on his inspection of the rail car in November 2006 because it was over one year after the accident. The defense attacked the plaintiff's mechanical failure expert witness, Mr. Tucker arguing that he "failed to employ any scientific or technical method or procedure" in support of his opinions.

On May 18, 2007, the court decided:

The parties' cross-Motions to exclude the testimony of liability experts (Docs. 15 & 17) are DENIED, consistent with the analyses in the above Opinion. In addition, the Defendant may submit, within eleven (11) days of the date of this Order, the affidavit of an appropriate CSX representative stating on personal knowledge that, if repairs were made to the Rail Car's handbrake housing, they would be reflected in the AAR-CRB History or some other existing documentation.

June 8, 2007

Emergency Warning Expert Witness Speaks at CA Senate Hearing

DialPro Northwest CEO Dennis R. Tyler appeared as an emergency warning expert witness at the California State Senate’s hearing on campus emergency warning systems which was held in response to the tragedy at Virginia Tech. Expert witness Tyler spoke at the hearing entitled “Emergency Alert Systems – Can We Protect our Students,” conducted earlier this month by the California State Senate Governmental Organization Committee, which oversees emergency preparedness in California. As reported in The Seattle Business Wire Senator Florez remarked:

The safety of our schools and universities are of paramount concern, and today’s emergency event notification systems offer ways to quickly notify students and staff in the event of a disaster or emergency,” said Tyler. “With the advances in communications technology, it is possible to create emergency event notification systems that are multi-modal; that is, they can be customized to contact students and staff through a variety of means, from text messaging, email, pager or phone call, depending on their preference. Not only do these systems work for schools, but for business of all types as well.

June 7, 2007

Expert Witness Testimony Upheld in Flynn vs. Metalcraft

The US District Court for the District of South Carolina denied both motions filed by manufacturer Metalcraft in a products liability action. The summary judgment motion as well as the motion to exclude the testimony of an opposing products liability expert witness were denied. In Kevin Neil Flynn vs. Metalcraft of Mayville, Inc., 2007 U.S. Dist. LEXIS 36380, Flynn brought a products liability action for injuries he sustained when he was mowing using a Scag Hydrostatic Walk-Behind Mower ("mower") manufactured by Metalcraft. Flynn alleges that on July 19, 2003, he was using the mower when he lost control and the mower turned on him, causing injuries to his left ankle and right foot from the blade.

Flynn asserted causes of action based on strict liability, negligence, and breach of warranty. Metalcraft filed a summary judgment motion and a motion to exclude the expert witness testimony of Lynn Burkholder, the plaintiff's liability expert witness. Metalcraft contended that (1) the testimony of Lynn Burkholder, the Plaintiff's liability expert, must be excluded; (2) the doctrine of spoiliation requires dismissal of this case; and (3) the Plaintiff's comparative negligence exceeds fifty percent.

The court denied Metalcraft's motion for summary judgment as well as Metalcraft's motion in limine to exclude Burkholder's testimony.

June 6, 2007

Manufacturers Want Expert Witness Testimony in RI Appeal

Rhode Island won a landmark lawsuit against former manufacturers of lead paint but the two sides cannot agree on how to clean up the contaminated properties. Sherwin-Williams, Millennium Holdings LLC, and NL Industries, Inc., were found liable for "creating a public nuisance by manufacturing and selling a toxic product" which could them cost billions of dollars. They would like to call expert witnesses in an appeal according to the Boston.com . The companies say they need "more evidence and information before any work can begin." They have appealed to the Rhode Island Supreme Court in order to conduct further hearings and cross-examine lead paint expert witnesses.

June 5, 2007

Aviation Expert Witness Testifies in Air India Crash Inquiry

British aviation expert witness Rodney Wallis testified in the Air India inquiry that he's concerned about the U.S. practice of having security officers with guns aboard flights. Expert witness Wallis consults for the International Civil Aviation Organization and warns that bullets could hit passengers or pierce the aircraft skin causing cabin decompression resulting in a crash.

"There is no place for a weapon of any sort in the cabin of an airplane."
Armed Royal Canadian Mounted Police do ride some Canadian commercial airliners, mostly on routes to Washington, D.C., to comply with U.S. requirements reports CBCNews.ca.

June 4, 2007

Famous DNA Expert Witness's Credibility Questioned

Judge Martin E. Smith told prosecutors they must try to bring expert witness Dr. Henry Lee from Italy to Owego, NY, in order for him to offer live testimony in the second-degree murder trial of Calvin Harris. DNA analysis expert witness Lee is expected to testify that tiny amounts of blood found in the house of Calvin Harris more than five years ago is that of his estranged wife, Michele Harris, who disappeared in 2001.

Lee had already testified in the Harris case via videotape but the May 23 California ruling that Lee hid evidence in Phil Spector's murder trial could mean that the expert's videotaped testimony will be thrown out. Defense attorneys are expected to call into question Lee's credibility before the Harris jury according to PressConnects.com.

June 3, 2007

School Bus Expert Witness Testifies in Fatal Bus Crash Trial

Defense attorneys tried to discredit the expert witness testifying in the manslaughter trial of a former Pasadena school bus driver who ran over and killed a 9-year-old girl in August 2005.

Attorneys Schneider and Fickman questioned school bus expert witness Carlisle Beasley who testified that there are no blind spots on a school bus if a driver has properly adjusted mirrors and is "doing his job." Pictures from the day of the incident showed the mirrors "aren't properly adjusted," said Ms. Beasley, who worked for 34 years as the transportation director for Nashville schools as reported in the Houston Chronical.com.

June 2, 2007

Expert Witness Certification is Critical Feature in Vioxx Lawsuit

A federal judge has ordered a third trial in a lawsuit by a woman who blamed Merck & Co.'s painkiller Vioxx for the heart attack that killed her husband. U.S. District Judge Eldon Fallon ruled that the cardiology expert witness who testified for Merck misrepresented his qualifications in the second trial last year. Jurors ruled in favor of Merck and against Evelyn Irvin Plunkett, whose first husband, Richard Irvin, died of a heart attack after taking Vioxx for less than a month.

Expert witness Dr. Barry Rayburn, a professor of medicine at the University of Alabama-Birmingham, testified in Plunkett's second trial that the drug could not have caused Irvin's heart attack. When he was brought to the stand, he was asked whether he was board-certified. His answer was, "Yes, I passed boards in internal medicine and in cardiovascular disease" but his certification had lapsed at the time. Rayburn then passed the board examinations for recertification in 2006, reports Forbes.com.

June 1, 2007

Expert Witness Testifies in Conrad Black Fraud Trial

Former media baron Conrad Black and other former executives of Hollinger International are charged with defrauding the company of $84 million through non-competition payments. Last week the prosecution focused on charges against Black alone regarding obstruction of justice and his opulent New York apartment.

Federal prosecutor Edward Sisko brought in real estate appraisal expert witness John Miller, of consulting firm Miller Samuel Inc. Expert witness Miller testified that Black’s apartment at 635 Park Ave. had a fair market value of $5.2 million and not the $3 million that Black paid for it.

The prosecution also showed security footage with Black and his chauffer carrying 13 mysterious boxes out the back door to his car from Hollinger’s Toronto office. The SEC had ordered that no documents could be removed without approval by an inspector according to Medhill Reports.