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GORDON KEENE VELLA. - On Point News

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elevant scientific community. Even the qualifications set forth by Dr. Brown are called into<br />

question by this recently discovered information. 1<br />

To be sure, the Defendant’s motion is not directed to a challenge of the methodology (if<br />

any) employed by Dr. Brown in his analysis and subsequent testimony at trial. Rather, this<br />

motion is focused directly upon the misrepresentations of fact made by Dr. Brown in testimony<br />

intended to support the admissibility of his opinions. See Daubert, 509 U.S. at 589-93 (holding<br />

that the district court operates as a gate-keeper with regard to proffered scientific expert<br />

testimony).<br />

In support of his motion, Vella has offered the declarations of three experts 2 in the fields<br />

of psychiatry and psychology, Dr. Harrison G. Pope, Jr., Dr. Richard J. McNally, and Dr. R.<br />

Christopher Barden. (Ex. 1, Pope Decl.; Ex. 2, McNally Decl.; Ex. 3, Barden Decl.) Their<br />

opinions are based upon their review of Dr. Brown’s trial testimony, (see Filings 361-362), and<br />

report (admitted at trial as Trial Exhibit 7). (Ex. 4, Trial Exhibit 7) (“Report”).<br />

These experts have presented their credentials and qualifications as part of their<br />

declarations. (See Pope Decl. 2-4 & Exs. 1-1, 1-2; McNally Decl. 1 & Ex. 2-A; Barden<br />

Decl. 1, 4-10 & Exs. 3-A, 3-B.) Briefly, Harrison Pope is a Professor of Psychiatry on the<br />

faculty of Harvard Medical School and a practicing board-certified psychiatrist and Director of<br />

Biological Psychiatry Laboratory at McLean Hospital (the largest of Harvard’s teaching<br />

hospitals). He has published more than 250 peer-reviewed papers, more than 100 chapters and<br />

1 This information was newly discovered during the process of preparing the Defendant’s appeal<br />

to the Eighth Circuit Court of Appeals.<br />

2 Vella also has become aware of grand jury testimony by Brown in another case that reportedly<br />

contains misrepresentations regarding the same or similar issues as those raised here. Vella’s<br />

counsel is taking immediate steps to obtain that testimony and may, if successful, seek leave to<br />

supplement this evidentiary showing in the near future.<br />

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