In this letter to Judge Subramanian in United States v. Combs, the defense opposes the government’s request to recall expert witness Dr. Dawn Hughes for a second appearance during its case-in-chief. The defense argues that it relied on the Court’s original framework—reinforced in both the opening jury instructions and pretrial rulings—that each witness would testify only once. They further contend that recalling Dr. Hughes after her cross-examination would be unfair and prejudicial, as the defense structured its questioning with the understanding that it would be their sole opportunity to challenge her testimony during the government’s presentation of its case.

The letter also raises concern about the signal it would send to the jury, suggesting that the Court is endorsing the government’s effort to rehabilitate a witness whose methodology and credibility were already subjected to extensive scrutiny. The defense emphasizes that it cannot repeat its prior cross-examination, nor should it be expected to. They argue that such a move is highly irregular and risks altering the fairness of the proceedings. The letter urges the Court to deny the government’s request and preserve the integrity of its prior rulings regarding the scope and structure of Dr. Hughes’s testimony.


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source:

gov.uscourts.nysd.628425.393.0.pdf