GORDON KEENE VELLA. - On Point News

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elevant scientific community. Even the qualifications set forth by Dr. Brown are called into question by this recently discovered information. 1 To be sure, the Defendant’s motion is not directed to a challenge of the methodology (if any) employed by Dr. Brown in his analysis and subsequent testimony at trial. Rather, this motion is focused directly upon the misrepresentations of fact made by Dr. Brown in testimony intended to support the admissibility of his opinions. See Daubert, 509 U.S. at 589-93 (holding that the district court operates as a gate-keeper with regard to proffered scientific expert testimony). In support of his motion, Vella has offered the declarations of three experts 2 in the fields of psychiatry and psychology, Dr. Harrison G. Pope, Jr., Dr. Richard J. McNally, and Dr. R. Christopher Barden. (Ex. 1, Pope Decl.; Ex. 2, McNally Decl.; Ex. 3, Barden Decl.) Their opinions are based upon their review of Dr. Brown’s trial testimony, (see Filings 361-362), and report (admitted at trial as Trial Exhibit 7). (Ex. 4, Trial Exhibit 7) (“Report”). These experts have presented their credentials and qualifications as part of their declarations. (See Pope Decl. 2-4 & Exs. 1-1, 1-2; McNally Decl. 1 & Ex. 2-A; Barden Decl. 1, 4-10 & Exs. 3-A, 3-B.) Briefly, Harrison Pope is a Professor of Psychiatry on the faculty of Harvard Medical School and a practicing board-certified psychiatrist and Director of Biological Psychiatry Laboratory at McLean Hospital (the largest of Harvard’s teaching hospitals). He has published more than 250 peer-reviewed papers, more than 100 chapters and 1 This information was newly discovered during the process of preparing the Defendant’s appeal to the Eighth Circuit Court of Appeals. 2 Vella also has become aware of grand jury testimony by Brown in another case that reportedly contains misrepresentations regarding the same or similar issues as those raised here. Vella’s counsel is taking immediate steps to obtain that testimony and may, if successful, seek leave to supplement this evidentiary showing in the near future. - 2 -
eviews, and 7 books on different areas of psychiatry. Dr. Pope also is ranked among the 250 most widely cited psychologist and psychiatrists in the world, and among the 250 most cited neuroscientists in the world. (Pope Decl. 2-3.) Similarly, Richard McNally is a full Professor at Harvard and is among the 250 most widely cited psychologists and psychiatrists. He has authored more than 300 publications, including peer-reviewed scientific research articles, books, and essays. His recent book on memory, trauma, and the controversy over recovered memories of abuse has been favorably reviewed in over 25 separate publications, including Science, Journal of the American Medical Association, The New England Journal of Medicine, and The New York Review of Books. (McNally Decl. 1.) Finally, Christopher Barden is a widely published author and litigation consultant in the area of repressed memory testimony. That involvement includes numerous licensing investigations, disciplinary processes, and/or license revocation processes for therapists espousing theories of repressed and recovered memories, and using recovered memory practices. (Barden Decl. 2, 4-10.) JURISDICTION This Court has jurisdiction to hear and rule upon the Motion under Rule 60(b) notwithstanding the pendency of an appeal before the Eighth Circuit. Winter v. Cerro Gordo County Conservation Bd., 925 F.2d 1069 (8th Cir. 1991) (recognizing that the district court retains jurisdiction during appeal to consider a Rule 60(b) motion even though leave of the court of appeals must be granted to enter order amending judgment if motion is to be granted) (citing Pioneer Ins. Co. v. Gelt, 558 F.2d 1303 (8th Cir. 1977). 3 3 Contemporaneous with this filing, Defendant has requested that the Eighth Circuit Court of Appeals stay the proceedings in that court pending resolution of the Rule 60 Motion. - 3 -
Page 1: IN THE UNITED STATES DISTRICT COURT
Page 5 and 6: new trial under Rule 60(b)(3) upon
Page 7 and 8: Significantly, the court so held ev
Page 9 and 10: is presumed to have been aware of t
Page 11 and 12: [S]etting aside the question of whe
Page 13 and 14: Dr. Barden, “As a national expert
Page 15 and 16: subjects are asked if they recall h
Page 17 and 18: of “complete forgetting.” Nonet
Page 19 and 20: And the list continues. Dr. Brown m
Page 21 and 22: accurately it is akin to a land war
Page 23 and 24: which is mentioned by Dr. Brown in
Page 25 and 26: when many of those publications eit

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