United States v. Christopher Kessler
Opinion
A jury found Christopher Kessler guilty of two drug crimes. He claims that he is entitled to a new trial because he received inadequate notice of what an expert witness planned to say. We affirm.
I.
Police officers recovered two baggies in Kessler's pockets, one containing 53.5 grams of methamphetamine and the other 7 grams of marijuana. Prosecutors filed two charges against him: possession with intent to distribute methamphetamine,
To counter this defense, the government filed a notice several weeks before trial that it would call police detective Kevin Nightingale to provide expert testimony about the "methods used by drug traffickers including how methamphetamine is transported, packaged and sold; trafficking amounts versus user amounts of methamphetamine, including amounts typically sold; and the dollar values of methamphetamine." Kessler moved to exclude Nightingale's testimony, arguing, among other things, that the government had not provided enough detail in its notice. See Fed. R. Crim. P. 16(a)(1)(G) (requiring the government to provide a "written summary" of any planned expert testimony "[a]t the defendant's request"). To address Kessler's concerns, the district court 1 allowed defense counsel to question Nightingale at a special hearing the morning before trial. The court then denied Kessler's motion.
Immediately before Nightingale's testimony on the second day of trial, Kessler again objected, this time to the government's failure to disclose Nightingale's estimate of the value of the methamphetamine in Kessler's possession. The court ordered the government to disclose this information and called a one-hour recess. After the recess, Nightingale testified that the 53.5 grams of methamphetamine found in Kessler's pockets was worth approximately $ 1,600. The jury eventually found Kessler guilty of both counts.
II.
The question on appeal is whether the district court abused its discretion when it refused to exclude Nightingale's testimony about the value of the methamphetamine.
See
United States v. Buchanan
,
The deficiency, if there was one, did not go unremedied. The district court ordered the government to disclose the dollar value of the methamphetamine and provided a one-hour recess that allowed defense counsel
to prepare a response.
See
United States v. Shepard
,
First, Kessler knew ahead of time that one of the expected topics of Nightingale's testimony would be "the dollar values of methamphetamine." To be sure, the notice did not provide details about what exactly Nightingale would say.
See
Fed. R. Crim. P. 16(a)(1)(G) (stating that the government's "summary" must "describe the witness's opinions [and] the bases and reasons for those opinions"). But the district court was still entitled to conclude that Kessler's attorney was not blindsided by his testimony, as he claimed, and that a remedy other than complete exclusion was appropriate.
Cf.
United States v. DeCoteau
,
Second, Kessler's attorney had the opportunity to question Nightingale beforehand.
Cf.
United States v. Tenerelli
,
Under these circumstances, the district court could have reasonably concluded that Kessler's mid-trial demand for exclusion was overkill. Indeed, Kessler's counsel never explained how the incomplete disclosure prejudiced his client or why only a more drastic remedy like exclusion would cure any harm.
See
United States v. Camacho
,
III.
We affirm the judgment of the district court.
The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff - Appellee v. Christopher J. KESSLER, Defendant - Appellant
- Status
- Published