Hitting the DC Superior Court Clerk’s office last week was the Plaintiff’s Rule 26(B)(4) Statement. These are the expert witnesses that Covington and Patrick Regan intend to call upon for testimony this fall.
Two of the five names listed are familiar; both testified at last summer’s conspiracy and obstruction trial: Dr. Lance Becker, Director, Center for Resuscitation Science Hospital of the University of Pennsylvania, andDr. David R. Fowler, Chief Medical Examiner of the State of Maryland.
Fowler testified on Day 16 and Day 17 of the trial and his opinions that, “The orientation of the (Robert’s) wounds immediately catches your eye. It’s very unusual for an individual to stay still enough”, and that neither Robert’s open cardiac tamponade – nor the three wounds in conjunction – would have incapacitated him immediately; and the “remarkable” similarity of the knife wounds.
What do to the Plaintiff’s have in mind for him and Becker this time around? And who are the three new faces?
In short, from the Rule 26 statement, Dr. Becker is prepared to testify to:
“…general emergency medicine and resuscitation procedures, particularly as they relate to sharp force trauma, pericardial
tamponade, and pulseless electrical activity (“PEA”). It is further anticipated that Dr. Becker will testify that Robert Wone died as a result of injuries caused by stab wounds to his torso, one of which caused acute pericardial tamponade.
Dr. Becker is expected to testify that prompt treatment of victims of sharp force trauma is imperative, and that any delay in treatment diminishes the chance that the victim will survive, particularly if the trauma results in acute pericardial tamponade. Dr. Becker is further expected to testify that pericardial tamponade, though an emergent condition, is a treatable injury if timely attended to by medical personnel.”
Fowler, reprising his role as an expert on trauma and knife wounds is cued up to:
“…to testify that Mr. Wone died as a result of three stab wounds in his torso, one of which caused acute pericardial tamponade, and that those three wounds share near-uniform alignment, wound paths, and depth. Dr. Fowler is further expected to testify that, in his experience of having performed autopsies on over 1,000 stabbing victims, he has never seen a victim with multiple wounds of such precise uniformity as those suffered by Mr. Wone.
It is further anticipated that Dr. Fowler will testify that there is no indication of defensive wounds on Mr. Wone’s body, nor is there any indication of blood on Mr. Wone’s hands other than a small smear on one of his fingers. Dr. Fowler is expected to testify that the lack of defensive wounds and the lack of blood on a stabbing victim’s hands is unusual because, in his experience, stabbing victims exhibit some indication of having reflexively acted both to defend themselves against attack and to grab at the injured parts of their bodies.
Dr. Fowler is expected to testify that in the absence of paralysis or restraint, such reflexive movement would have occurred almost immediately, even if a victim was asleep when stabbed. Dr. Fowler is also expected to testify that the three stab wounds suffered by Mr. Wone would not have been instantly fatal, nor would they have immediately incapacitated Mr. Wone or rendered him immediately unconscious.
Then, two witnesses who will speak to Robert’s lost earnings and potential:
Thomas C. Borzilleri, Ph.D. Bethesda, MD – An “an economist with over twenty-five years of experience in computation of damages, valuation of business and professional practices, and analyses of earnings losses from personal injury and wrongful death, among other areas.
Martha Ann Sisson, Esq., Garrison & Sisson, Washington, D.C. – A “legal recruiter and… an attorney search firm headquartered in Washington, D.C. In that capacity, she regularly consults with law firms, corporations, trade associations, other organizations, and individual lawyers
regarding the hiring and retention of experienced attorneys. Among other things, she helps law firm and corporate clients to find and recruit attorneys at all levels.”
And finally, a witness that seems will be called to rip apart the ‘intruder theory.” Al Ortenzo, Former Assistant Chief of Police, Fort Lauderdale Police Department. From the statement:
“Qualifications: Mr. Ortenzo is the former Assistant Chief of Police of Fort Lauderdale, Florida. He spent his entire 30-year career in that police department; among other responsibilities, he spent eleven years as the department’s Chief of Investigations. As a police officer, he investigated thousands of violent and property crimes, including murders, robberies, home invasions, and burglaries.”
Subject Matter of Testimony: It is anticipated that Mr. Ortenzo will testify about general police investigation and crime scene procedures, as well as the collection and handling of evidence and the investigation of violent and property crimes. Mr. Ortenzo is expected to testify that, in his opinion, the crime scene at 1509 Swann Street NW indicates that Mr. Wone’s murderer(s) either lived there and thus had unfettered access to the home or were able to enter without breaking.
Mr. Ortenzo is also expected to testify that the crime scene and other circumstances surrounding Mr. Wone’s death are inconsistent with the possibility that Mr. Wone’s murderer(s) entered or gained access to the Swann Street house with the intention of committing a property crime such as burglary.
Mr. Ortenzo is also expected to testify as to the procedures and protocols undertaken during the Metropolitan Police Department’s investigation of Robert Wone’s murder. It is anticipated that Mr. Ortenzo will base his testimony on his experience and training, and his review of materials provided to him by the Plaintiff.”
Emphasis is all ours. Razi’s and Regan’s, too, we assume.
Plaintiff’s Rule 26(B)(4) Statement