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- ilnd;;1:16-cv-01963_de732 RegisterActionDate "2020-11-29" @default.
- ilnd;;1:16-cv-01963_de732 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff seeks to bar undisclosed or speculative expert opinions regarding (1) whether the knife is consistent with Ms. Trunko's wounds; (2) whether Plaintiff's DNA, Trunko's DNA, or both were present on physical evidence; and (3) whether Plaintiff displayed psychopathic characteristics 550 . At trial, Dr. Robert Kirschner offered evidence that the recovered knife was consistent with and capable of causing Trunko's wounds. (Dkt. 597 -1 at 191:9194:15). The prosecution cited Dr. Kirschner's testimony during closing arguments. (Dkt. 597 -2 at 152425). Because Dr. Kirschner's testimony was used to convict the Plaintiff in the first instance, the Court must consider it in order to evaluate the materiality prong of Plaintiff's Due Process claims for Brady violations and Fabrication of Evidence. See Turner v. U.S., 137 S. Ct. 1885, 1893 (2017). As to the presence (or absence) of Plaintiff's and Trunko's DNA on physical evidence, Plaintiff is the proponent of DNA evidence in the present matter. Therefore, Plaintiff bears the burden of demonstrating the relevance of any DNA evidence. Plaintiff, then, not Defendants, must demonstrate that relevant DNA was not on the physical evidence in 1980. Otherwise, the results of the 201314 DNA analyses would be irrelevant. Finally, Dr. J.B. Goebel's testimony that Plaintiff exhibited psychopathic characteristics is admissible under Estate of Escobedo v. Martin. 702 F.3d 388, 401 (7th Cir. 2012). Plaintiff alleges his confession was the product of temporary mental infirmity and delusional hallucinations, making his mental state an issue. Weighing Plaintiff's claim requires evaluating evidence of his mental health. See Allen v. Buss, 558 F.3d 657, 669 (7th Cir. 2009). Plaintiff's motion 550 is denied. Mailed notice (lk, ) (Entered: 11/29/2020)" @default.
- ilnd;;1:16-cv-01963_de732 AdministrativeID "732" @default.
- ilnd;;1:16-cv-01963_de732 hasReferenceToOtherEntry ilnd;;1:16-cv-01963_de550 @default.
- ilnd;;1:16-cv-01963_de732 hasReferenceToOtherEntry ilnd;;1:16-cv-01963_de597 @default.