Firearms Evidence

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

United States of America ) ) ) Criminal No. 14-107 (RCL) v. )

)

Nicholas A. Slatten, )

) Defendant. )

DEFENDANT’S OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE TO PRECLUDE DEFENDANT’S PROFFERED EXPERT TESTIMONY

The government’s motion to preclude Mr. Slatten’s proffered expert testimony is uniformly without merit. The opinions of Mr. Slatten’s firearms expert regarding the sounds produced by various rifles are reliable, relevant, and will be helpful to the jurors, who will lack knowledge of the sounds produced by military-grade rifles. The government’s argument that Mr. Slatten has failed to disclose the bases and reasons for the opinions of his ballistics expert is meritless, as Mr.

Slatten’s expert reached the very same opinions and provided the very same reasons as the government’s own ballistics expert. And the government’s argument that Mr. Slatten has not adequately identified the bases and reasons for the opinions of his memory expert is nothing more than a complaint that his expert has written too many relevant publications on the subject matter of her testimony. The government’s motion should be denied.

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BACKGROUND

On May 21, 2018, the defense disclosed to the government the following three expert

opinions.1

A. Michael Green

Michael Green is a firearms expert with over thirty years of experience in this field. Mr.

Green began his career in the U.S. Army, where he completed Airborne School, Ranger School,

and the Special Forces Qualification Course. He spent fifteen years in the Special Forces.

Currently, Mr. Green serves as an Antiterrorism/Force Protection Specialist within a Department of Defense agency. He also owns a firearms training company. Mr. Green has been teaching tactical firearms training since 1992. A more detailed summary of Mr. Green’s qualifications is set forth in his expert disclosure and attached biography. See Ex. A at 1-2.

As described in more detail in the defense’s expert disclosure, Mr. Green observed the firing of both an SR-25 and an M-4, during which contemporaneous recordings were made. (Those recordings were produced to the government on May 23.)2 The SR-25 (which is the type of rifle that Mr. Slatten had on September 16, 2007) was fired from (1) “inside a Bearcat out of one of the firing portals” and (2) “outside from the turret of a Bearcat.” Ex. A at 2. The M-4 (the type of rifle that Paul Slough had on September 16, 2007) was fired “outside from the turret of a Bearcat.”

Id. Mr. Green listened to the rifle shots from atop a separate vehicle approximately 10 meters away, while wearing Peltors (a form of hearing protection). Id.

1 The due date for the defense’s expert disclosure in the scheduling order was May 18, but the parties agreed to extend the due date to May 21.

2 The government states in its motion that the defense produced only two recordings on May 23. ECF No. 810 at 2. That is incorrect. The defense produced .wav recordings of all three rifle shots discussed in Mr. Green’s disclosure on May 23. See Ex. B.

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Mr. Green is prepared to offer the following two expert opinions. First, “[a]n SR-25 fired from inside an armored Bearcat through one of its portals sounds like an SR-25 fired from outside an armored Bearcat when the listener is wearing hearing protection atop a separate vehicle.” Id.

at 2. Mr. Green will opine that “[a]n individual located on a separate vehicle from the Bearcat and

wearing hearing protection would not be able to distinguish between the sounds accurately.” Id.

at 3. He may also testify that the difficulty of distinguishing the sounds “would be significantly

increased by a variety of factors,” such as the direction the individual is facing, the distance

between the individual and the rifles, the ambient noise, and the level of hearing protection. Id.

Second, “[a]n SR-25 sounds like an M-4 fired on semiautomatic mode when the listener is

wearing hearing protection atop a separate vehicle.” Id. As with the first opinion, he will opine that “[a]n individual located on a separate vehicle and wearing hearing protection would not be able to distinguish between the sounds accurately” and that the difficulty of distinguishing the sounds would be increased by the factors set forth above. Id.

B. Liam Hendrikse

Liam Hendrikse has over a decade of experience as a ballistics and firearms specialist. He obtained his Master’s Degree in Forensic Science from King’s College in London and was previously a Forensic Scientist with the Forensic Science Service in the United Kingdom. He has served as a lecturer, trainer, and course designer designing modules and lectures specific to the

forensic examination of firearms. Since 2010, he has served as a registered expert in firearms and

ballistics for the International Criminal Court. He also serves on a panel of expert witnesses in

firearms for the County of Los Angeles Superior Court. A more detailed summary of Mr.

Hendrikse’s qualifications is set forth in his expert disclosure and attached CV. See Ex. A at 3-4.

Mr. Hendrikse examined two pieces of physical evidence in the possession of the

government: a bullet jacket fragment in the white Kia steering wheel (item Q90.1) and a bullet 3

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jacket fragment found in the white Kia (item Q121). Based on his education, training, and experience, he reached the following opinions:

2. The bullet jacket fragment (identified by the government as Q.121) found in the White Kia exhibit no marks of value for comparison purposes. Mr. Hendrikse may opine that the bullet jacket fragment found in the White Kia is from a conventional projectile but because of the size and condition of the fragment, it exhibits insufficient marks of value for comparison purposes.

Ex. A at 4-5.

Importantly, Mr. Hendrikse’s opinions regarding this evidence are identical to the

opinions reached by the government’s own expert, Brandon Giroux. Before the prior trial, the

government disclosed that it intended to call Brandon Giroux as an expert in firearms and toolmark

identification and comparison. See Ex. C at 3. As relevant here, the government’s disclosure

stated that Mr. Giroux would testify that “Q90” is “consistent with steel penetrator tips found in

Q231 through Q250 (i.e., 5.56mm cartridges)” and that “Q121” is “consistent with bullet

fragments or bullet jacket fragments.” Id. at 4. Attached to the government’s disclosure were Mr.

Giroux’s lab reports, but those reports did not disclose any additional information about how he

reached those opinions. See id. at 38, 55. Mr. Giroux offered this testimony at trial. See 8/14/07

(AM) at 83:4-84:5; 8/14/07 (PM) at 60:8-24; see also Ex. E.

The amount of detail in Mr. Hendrikse’s original disclosure was virtually identical to that

in Mr. Giroux’s disclosure reaching the same opinions. Attached hereto as Exhibit D is a chart

comparing Mr. Hendrikse’s original disclosure to Mr. Giroux’s disclosure. Nevertheless, the

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government insisted that the disclosure “does not satisfy Rule 16 and does not allow the

government to prepare for his testimony” and asked the defense to explain “why” Mr. Hendrikse

reached his opinions. Ex. F at 2.

In response, the defense supplemented Mr. Hendrikse’s disclosure to provide even more information than the government had provided in Mr. Giroux’s earlier disclosure. In a May 30 supplement, the defense stated that, with respect to the bullet core fragment found in the steering wheel (Q90.1):

Mr. Hendrikse’s analysis considered the dimensions and material of the bullet core fragment. Based on class characteristics, the bullet core fragment could be excluded as having been fired from an SR-25 barrel. Based on Mr. Hendrikse’s past analysis of and familiarity with the 5.56mm caliber bullet and M-855 cartridge [SS109 cartridge], Mr. Hendrikse concluded that the bullet core fragment is consistent with a steel penetrator tip that is found in the M-855 cartridge and consistent with a 5.56mm caliber bullet.

Ex. G at 4. With respect to the bullet jacket fragment identified as Q121, the defense added:

Mr. Hendrikse reviewed the bullet jacket fragment (Q121) and was unable to identify any representative lands and grooves. Based on the lack of these identifying characteristics, Mr. Hendrikse could not identify anything resembling a rifling profile which would ordinarily be the basis for subsequent comparison (class characteristics). Furthermore, even though it is Mr. Hendrikse’s opinion that it is a copper bullet jacket fragment, it was not possible to determine what the actual caliber is because of the minute size of the fragment and the lack of the rifling profile.

Id. at 4-5. The defense also added that Mr. Hendrikse had “reviewed and relied on the prior trial testimony of government expert, Brandon Giroux.” Id. at 4.

C. Elizabeth Loftus

Dr. Loftus is a cognitive psychologist who has been studying human memory for over forty years. Her extensive research has focused on the malleability of human memory and includes research on the effect of misinformation and eyewitness memory. As is more thoroughly explained in Mr. Slatten’s expert disclosure, Dr. Loftus will offer the following opinions at trial: (1) an

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individual’s ability to perceive and retain information is negatively impacted by highly stressful situations; (2) confidence of an eyewitness is weakly correlated with the accuracy of an eyewitness’s memory; and (3) memory distortion may occur after a witness to an event has been exposed to post-event information. See Ex. A at 5-6. The basis for these opinions are Dr. Loftus’s decades of research on human memory and her education, training, and experience. See id. at 4-

5. In particular, Dr. Loftus’s testimony will draw upon the teachings of the many publications she has authored and co-authored over her career on these precise topics. These publications are listed on her CV, which Mr. Slatten has provided to the government. See id. at 12-44.

In response to Mr. Slatten’s initial disclosure, the government requested the “case studies or other scientific research upon which Dr. Loftus will offer the opinions identified.” Ex. H. On

May 23, Mr. Slatten explained that the research on which Dr. Loftus relied is listed on her CV.

Ex. I. Unsatisfied with this comprehensive disclosure, the government on May 28 sought Mr.

Slatten’s assistance in identifying a subset of her publications to aid in its preparation. On May

30, Mr. Slatten supplemented his disclosure to highlight the specific publications on Dr. Loftus’s

CV on which she had relied, while also reserving her right to rely on other listed publications and research as the bases for her opinions. Ex. G at 6, 13-40.

ARGUMENT

I. Mr. Green’s Opinions Are Admissible Expert Testimony.

The government offers four distinct arguments related to the opinions of Mr. Green. First, it argues that the defendant must permit the government to “‘inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment’ upon which he will seek to rely at trial.” ECF No. 810 at 6 (quoting Fed. R. Crim. P. 16(b)(1)(B)).

Rule 16(b)(1)(B) only requires the defendant to produce the results of any test that “the defendant intends to use . . . in the defendant’s case-in-chief.” Fed. R. Crim. P. 16(b)(1)(B). The defense

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has fully complied with its disclosure obligation under this rule. The defense intends to rely on the test disclosed in Mr. Green’s expert disclosure, during which the defense recorded gunshots

“with microphones located in the ears of a dummy head” covered by Peltors. Ex. G at 2. The defense produced all recordings made by those microphones before the government filed this motion. The government’s complaint lacks any merit.

The government next complains vaguely that the defense “has failed to supply the basis and reasons for his proffered opinion concerning the alleged differences or similarities in the sounds that Mr. Green asserts he can hear in the recordings.” ECF No. 810 at 7. This objection is nonsensical. For starters, Mr. Green has not offered an opinion about any “differences.” And as to “similarities,” his opinion is that the shots sound the same. That opinion is based on his

“listening to those weapons being shot as well as contemporaneous recordings of those weapons

being fired,” as well as “his education, training and experience” as a firearms expert. Ex. G at 3

The government has the recordings of the shots and a full disclosure of how the shots were

recorded; it is more than able to probe Mr. Green’s opinion and to prepare for cross-examination

by conducting its own similar test to confirm whether it produces the same sounds.

The government also argues that Mr. Green’s opinion is not the proper subject of expert

opinion because it “would invade what is clearly the province of the jury.” ECF No. 810 at 8-9.

But whether an SR-25 shot inside a Bearcat sounds the same as an SR-25 shot outside the Bearcat,

or whether an SR-25 sounds the same as an M-4, are not “matters within the knowledge of

lay[persons].” Id. at 9 (internal quotation marks omitted). Quite to the contrary, a lay witness—

who might not understand that the sound emits from the barrel of the rifle—might mistakenly

guess, for example, that an SR-25 shot through a porthole from inside a vehicle would sound

different than an SR-25 shot outside a vehicle. Indeed, government witness Matthew Murphy has

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held that mistaken belief for the past ten years and has latched onto that mistaken belief to identify

Mr. Slatten as the first shooter that day.3 The jurors’ unfamiliarity with how guns produce sounds

and what rifle shots sound like is precisely why Mr. Green’s expert opinion “will help the trier of

fact to understand the evidence or to determine a fact in issue.” Fed. R. Evid. 702(a). What is

more, as set forth in the defense’s disclosure, Mr. Green will rely on his training and background—

which includes fifteen years in the Special Forces and decades of providing tactical firearms

training—to explain to the jury the factors that would cause a person to be unable to distinguish

between the various gunshots. See p. 3, supra. Those factors likewise are not within the

knowledge of a layperson and will be helpful to the jury.

None of the government’s cases help its cause. In United States v. Boney, 977 F.2d 624

(D.C. Cir. 1992), the D.C. Circuit affirmed the admissibility of an expert’s opinion and rejected

the argument that “any inferences from the facts in the specific case be left to the jury.”4 Id. at

629. The Court further noted that Rule 704(a) “expressly permits expert testimony on ‘ultimate issues[s] to be decided by the trier of fact.’” Id. at 630 (quoting Fed. R. Evid. 704(a)). In Gilmore v. Palestinian Interim Self-Government Authority, 53 F. Supp. 3d 191 (D.D.C. 2014), the plaintiff sought to present an expert opinion that consisted of “generalized and conclusory assertions” that

“simply repeat[ed] hearsay evidence without applying any expertise whatsoever.” Id. at 213-14.

3 The government’s retort that “a number of Raven 23 members with significant familiarity with firearms will testify at trial, and their assessment of what they heard that day is different from Mr. Green’s proffered testimony,” ECF No. 810 at 7-8, illustrates the helpfulness and importance of Mr. Green’s anticipated testimony. And, in any event, the government’s expectation that Raven 23 members will disagree with Mr. Green’s expert conclusion simply goes to its weight, not its admissibility. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 595 (1993) (“The focus, of course, must be solely on principles and methodology, not on the conclusions that they generate.”).

4 The citation to this case in the government’s motion is incorrect. The correct citation is supplied above.

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And in Evans v. Washington Metropolitan Transit Authority, 674 F. Supp. 2d 175, the proffered

accident reconstruction expert selectively credited two witnesses’ accounts and based his expert

opinion on those accounts while discrediting other witnesses’ account, which the court held was

the province of the jury. Id. at 178-80. Contrary to the government’s suggestion, the court did not

hold the expert testimony inadmissible on the ground that it involved “perception.” ECF No. 810

at 9.

Finally, the government argues that Mr. Green’s opinions are not “reliable” under the

“reliability guideposts” of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589

(1995), because, for example, he does not cite scientific studies or provide information regarding

the potential error rate. ECF No. 810 at 7-8. That argument overlooks the Supreme Court’s

admonition that the Daubert guideposts may not apply in every case, particularly in cases such as

this one where the “relevant reliability concerns may focus upon personal knowledge or

experience,” as opposed to scientific experiment. Kumho Tire Co. v. Carmichael, 526 U.S. 137,

150 (1999). Rule 702’s gatekeeping analysis “must be tied to the facts of a particular case,” and

“[t]he factors identified in Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert’s particular expertise, and the subject of his testimony.” Id.

(alteration in original) (internal quotation marks omitted). The government has disclosed a number

of firearms experts with backgrounds similar to Mr. Green’s, and none of them cited any scientific

studies or error rates in support of their opinions either. See, e.g., Ex. C at 8-9 (Scott Patterson).

The ultimate inquiry under Daubert, as codified at Rule 702, is whether “an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.” Daubert, 509

U.S. at 597. Mr. Green’s testimony satisfies both elements. It is relevant to a critical question in this case: what caused the first “unfamiliar” pops heard by Mr. Murphy. And it rests on a reliable

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foundation: to reach his opinion, Mr. Green positioned himself in a similar location to where Mr.

Murphy was standing on September 16, 2007, and while wearing Peltors and with the vehicle engines running, he listened to the sounds of various rifle shots. The jury will benefit from his expert explanation—based on his decades of experience with firearms—of the factors that contribute to the sounds of those shots being the same.

Finally, the defense observes that even if Mr. Green’s testimony were not the proper subject of expert testimony (which it is), he undoubtedly may testify as a lay witness to authenticate the recordings disclosed by the defense, which the government concedes are admissible. See ECF No.

810 at 9 (“[T]he jurors are just as well qualified as Mr. Green to hear and conclude how similar the gunshot sounds are.”). At the prior trial, the government successfully argued that FBI Agent

Thomas O’Connor should be permitted to testify as a lay witness to “authenticate” a video of an

AK-47 being shot at a Bearcat by saying that “this is what happened and I was out there and I saw it happen.” 7/22/14 (AM) at 125:24-128:1 (O’Connor). So too, at a minimum, Mr. Green may describe to the jury what he saw and heard and how the test was conducted and may authenticate the recordings as accurate representations of the rifle shots he heard.

II. The Defense Has Disclosed the Bases and Reasons for Mr. Hendrikse’s Opinions Regarding Ballistics Evidence Recovered from the White Kia.

The government does not challenge Mr. Hendrikse’s qualifications to offer his opinions, nor does it contend that his opinion is unreliable. Any such argument would be disingenuous; as set forth above, Mr. Hendrikse’s opinion is identical to the opinion offered by the government’s own expert at the last trial. The government’s principal argument regarding Mr. Hendrikse is that the defense should have produced any photographs he took during his examination. See ECF No.

810 at 10 (“Having failed to comply with Rule 16’s disclosure obligations as to production of the photographs, in particular, Mr. Hendrikse should be precluded from testifying at trial.”).

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The government’s argument is incorrect. The government rests its argument related to Mr.

Hendrkse’s photographs on Rule 16(b)(1)(A). See id. But Rule 16(b)(1)(A) only requires

production of photographs that “the defendant intends to use . . . in the defendant’s case-in-chief

at trial.” The defense does not intend to use the photographs taken by Mr. Hendrikse during its

case-in-chief, and Mr. Hendrikse is not relying on any photographs as a basis or reason for his

opinion. The government therefore has no entitlement to any photographs. Even if it did, the government identifies no reason why exclusion of his opinion—as opposed to an order to compel

production of the photographs—is the appropriate remedy. Cf. Fed. R. Crim. P. 16(d)(2)

(authorizing the court to order “the discovery or inspection” of certain items in lieu of exclusion).

The government’s lack of access to Mr. Hendrikse’s photographs did not prejudice the government

in any way, as the evidence he photographed is in the government’s possession and his opinion is

the same as that of the government’s own expert. In any event, as a matter of courtesy the defense produced Mr. Hendrikse’s photographs to the government on June 21. Its legally deficient complaint is therefore moot.

To the extent the government argues that it does not understand the bases and reasons for

Mr. Hendrikse’s opinion more generally, that argument is not credible. “A party sufficiently states an expert’s basis for his testimony by noting the expert[’s] education, training and experience and

attaching a resume.” United States v. Rogers, Crim. No. 05-292, 2006 WL 5249745, at *3 (D.D.C.

July 17, 2006). That is precisely what the defense did in its first disclosure. See Ex. A at 4. As

set forth above, the level of detail in Mr. Hendrikse’s initial disclosure is the same as that in the

government’s own disclosure. See Ex. D. And the defense then went above and beyond its

obligation by producing additional information in its May 30 supplement. As the government

itself acknowledges, “[t]he primary purpose of Rules 16(b)(1)(B) and (C) is to prevent unfair

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surprise at trial and to permit the government . . . to prepare rebuttal reports and to prepare for

cross-examination at trial.” ECF No. 810 at 5 (internal quotation marks omitted). The government

cannot credibly claim that it lacks the ability to respond to Mr. Hendrikse’s opinions. It knows

full well the bases and reasons for his opinions, because its own expert holds the same opinions.

The government’s motion to exclude Mr. Hendrikse’s opinions should be denied.

III. The Defense Has Adequately Identified the Bases and Reasons for Dr. Loftus’s Opinions Regarding Memory.

The government’s primary objection to Mr. Slatten’s disclosure regarding Dr. Loftus is

that it discloses too much. See ECF No. 810 at 11 (disclosure too “voluminous”). The government

cites no authority for this novel objection, which turns Rule 16(b)(1)(C)’s disclosure requirements

on their head. See United States v. Naegele, 468 F. Supp. 2d 175, 176 & n.2 (D.D.C. 2007)

(holding disclosure inadequate because defendant failed to identify the “voluminous” records on

which experts relied). Rule 16 requires disclosure sufficient “to provide the opponent with a fair

opportunity to test the merit of the expert’s testimony,” Fed. R. Crim. P. 16, advisory committee’

note to 1993 amendment, but does not mandate that Mr. Slatten do the government’s work for it.

The government’s objection that Dr. Loftus has authored too much relevant scholarship is no

reason to exclude her testimony based on that scholarship.

At the same time, the government requests “a more fulsome summary” of the bases of Dr.

Loftus’s opinions, ECF No. 810 at 12, but it does not specify which of her opinions it claims lacks

support in the disclosed publications. The government cannot be more specific because each of

the identified publications on Dr. Loftus’s CV is relevant to, and provides the basis for, her

testimony. See Ex. G. The fact that Dr. Loftus has published numerous works on witness memory

only underscores her qualification to opine on the topics disclosed. Because the government has

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not identified in what ways the disclosed publications fail to support the proposed testimony, its objection must fail.

In any event, Mr. Slatten’s disclosure is more than sufficient under Rule 16(b)(1)(C). As

Mr. Slatten explained in his May 30 letter to the government, Dr. Loftus has been studying human

memory for over forty years and has received numerous honors and awards for her groundbreaking

research in human memory. See Ex. G at 5-6. The opinions she will offer at trial are based on her

decades of research on that topic, which is catalogued in her CV. That alone is sufficient

disclosure. See Rogers, 2006 WL 5249745, at *3 (“A party sufficiently states an expert’s basis for his testimony by noting the experts’ education, training and experience and attaching a resume.”); see also United States Maurizio, Crim. No. 3:14-23, 2015 WL 5439059, at *3 (W.D. Pa. Sept. 15,

2015) (holding disclosure sufficient under Rule 16(b)(1)(C) where defendant attached expert’s

“forty-four page curriculum vitae, which extensively summarizes his” experience in field). And,

in response to the government’s request, Mr. Slatten went further than was necessary by

highlighting the publications most relevant to the proposed testimony. Accordingly, the

government already has the “bases and reasons” for Dr. Loftus’s opinions. It need only review the

identified publications.

Finally, although the government remarks in passing on the “controversy that attends”

memory evidence, it conspicuously does not oppose Dr. Loftus’s testimony on that ground. See

ECF No. 801 at 11-12. The government’s half-hearted argument lacks merit. Courts often admit

expert testimony on witness memory and on the impact of stress on memory in particular. See,

e.g., United States v. Norwood, 939 F. Supp. 1132, 1138 (D.N.J. 1996) (admitting similar expert

testimony that “would prove helpful to the jury because, while many scientific studies show that

an intense level of stress impairs memory, many lay people assume just the opposite”). Exclusion

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of this testimony can be reversible error. See United States v. Sebetich, 776 F.2d 412, 419-20 (3d

Cir. 1985) (vacating conviction and remanding for hearing on admissibility of expert testimony on

memory and perception in case where government eyewitness allegedly observed defendant during

high-stress car chase and shooting incident). The government’s own arguments in this case

demonstrate the need for Dr. Loftus’s testimony; in responding to Mr. Slatten’s motion in limine

to exclude evidence of post-Kia shootings and victims, the government asserted that high-stress situations improve witness perception. See ECF No. 730 at 10 (citing Neil v. Biggers, 409 U.S.

188, 200 (1972)). As the courts in Norwood, Sebetich, and other cases have recognized, the science does not support that assumption and expert testimony therefore is necessary and helpful to combat this flawed conventional wisdom.

In sum, the government has no valid objection to Mr. Slatten’s Rule 16(b)(1)(C) disclosure regarding Dr. Loftus.

CONCLUSION

For the foregoing reasons, the Court should deny the government’s motion to preclude Mr.

Slatten’s proffered expert testimony.

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Respectfully submitted,

/s/ Amy Mason Saharia June 25, 2018 Dane Butswinkas (DC Bar No. 425056) Tobin Romero (DC Bar No. 461273) Simon Latcovich (DC Bar No. 980319) Amy Mason Saharia (DC Bar No. 981644) Krystal Commons (DC Bar No. 987768) WILLIAMS AND CONNOLLY LLP 725 Twelfth Street, N.W. Washington, DC 20005 Telephone: (202) 434-5000 Facsimile: (202) 434-5029

Thomas G. Connolly (DC Bar No. 420416) HARRIS, WILTSHIRE & GRANNIS LLP 1919 M Street, N.W., 8th Floor Washington, DC 20036 Telephone: (202) 730-1300 Facsimile: (202) 730-1301

Attorneys for Defendant Nicholas A. Slatten

Case 1:14-cr-00107-RCL Document 847 Filed 06/25/18 Page 16 of 16

CERTIFICATE OF SERVICE

I hereby certify that on June 25, 2018, a copy of this filing was delivered via ECF on all counsel of record.

/s/ Amy Mason Saharia Amy Mason Saharia

Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 1 of 57

Exhibit A

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SIMON LATCOVICH (202) 434-5967 [email protected]

May 21, 2018

Via Email

Patrick Martin, Esq. Fernando Campoamor-Sanchez, Esq. United States Attorney’s Office for the District of Columbia 555 Fourth St. NW Washington, DC 20530

Re: United States v. Slatten, Crim. No. 4-107

Dear Counsel:

Pursuant to Fed. R. Crim. P. 16(b)(1)(C)(i), Mr. Slatten provides notice that, should there be a defense case, he may call the below-listed expert witnesses. Mr. Slatten reserves all rights, including the right to update, amend, and/or supplement the summaries of testimony set forth below based on further developments.1 Mr. Slatten also reserves the right to identify additional expert witnesses. Under the Rules, the disclosure obligation applies only to expert testimony that he presently “intends to use . . . as evidence at trial.” Id.

1. Michael Green

A. Qualifications

Mr. Green has over thirty years of combined experience in Special Operations, the Defense and Security Fields. He served as a Green Beret with the U.S. Armed Forces and has worked overseas on security and defense contracts for multiple U.S. government organizations, including the Department of State and the Department of Defense.

1 For example, there are still significant motions to be decided by the Court, including the motion to admit tainted portions of Murphy’s testimony and the motion to exclude post-Kia evidence. Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 3 of 57

May 21, 2018 Page 2

Quick Reaction Force. He provided Advanced Marksmanship and Close Quarters Combat Training to U.S. and foreign forces, and has also served as a primary instructor for the Special Forces Advanced Urban Combat Course. Mr. Green has been teaching tactical firearms training since 1992.

Currently, Mr. Green serves as an Antiterrorism/Force Protection Specialist and Team Leader within a Department of Defense agency. He and his team operate on a global scale, most commonly within high-threat nations where the Department of Defense maintains a presence. Mr. Green provides critical security assistance and support overseas in order to identify and thwart foreign intelligence, criminal, and terrorist efforts to target Department of Defense personnel and operations.

Mr. Green also owns a firearms training company, Green Ops, and holds Master classifications in IDPA and USPSA. He has been to over 80 military, civilian and law enforcement firearms courses, and has firearms/tactical instructor ratings from the NRA, the Federal Law Enforcement Training Center, the U.S. Army, the State of Virginia, and many other civilian entities. He has trained civilians, Special Operations, military, and law enforcement units in the United States and around the world.

A copy of Mr. Green’s biography is attached.

B. Summary of Opinions and Bases Therefore: Mr. Green holds each of the following opinions and is prepared to offer them if called to testify. Except where otherwise noted, Mr. Green’s opinions are based on his education, training and experience described above and in his biography, and Defense Exhibits 5000- 5002.

1. Mr. Green observed the firing of both an SR-25 and an M-4, during which contemporaneous recordings were made. The SR-25 was fired from (1) inside a Bearcat out of one of the firing portals and (2) outside from the turret of a Bearcat. The M-4 was fired outside from the turret of a Bearcat. Each sound recording was made from atop a separate vehicle approximately 10 meters away. The engines of both vehicles were running. The gunshots were recorded with microphones located in the ears of a dummy head. Peltors were placed on the dummy head so that each recording reflected what would be heard by a listener with active hearing protection engaged. Mr. Green separately listened to the same gunshots at the time of each recording. He was located next to the microphones and wearing Peltors.

2. An SR-25 fired from inside an armored Bearcat through one of its portals sounds like an SR-25 fired from outside an armored Bearcat when the Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 4 of 57

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listener is wearing hearing protection atop a separate vehicle. Mr. Green may opine that an SR-25 fired from inside a Bearcat through one of the vehicle’s firing portals sounds like an SR-25 fired from outside a Bearcat. An individual located on a separate vehicle from the Bearcat and wearing hearing protection would not be able to distinguish between the sounds accurately. Mr. Green bases his opinion on his education, training and experience, on listening to those weapons being shot as well as contemporaneous recordings of those weapons being fired. Mr. Green may also opine that the difficulty of accurately distinguishing the sounds would be significantly increased by a variety of factors, including, the direction the individual is facing, the distance the individual is from where the shots were fired, the ambient noise, and the level of hearing protection that the individual was wearing.

3. An SR-25 sounds like an M-4 fired on semiautomatic mode when the listener is wearing hearing protection atop a separate vehicle. Mr. Green may opine that an SR-25 sounds like an M-4 fired on semiautomatic mode when the listener is wearing hearing protection atop a separate vehicle. An individual located on a separate vehicle and wearing hearing protection would not be able to distinguish between the sounds accurately. Mr. Green bases his opinion on his education, training and experience, on listening to those weapons being shot as well as contemporaneous recordings of those weapons being fired. Mr. Green may also opine that the difficulty of accurately distinguishing the sounds would be significantly increased by a variety of factors, including, the direction the individual is facing, the distance the individual is from where the shots were fired, the ambient noise, and the level of hearing protection that the individual was wearing.

2. Liam Hendrikse

A. Qualifications

Mr. Hendrikse has over a decade of experience as a ballistics and firearms specialist. He began his career as a forensic scientist in 1999, where he performed forensic examinations of firearms, ammunition and related items, ballistics, discharge residues, muzzle-to-target determination, and damage assessment. He has also performed forensic examinations and reconstructions of firearms-related crime scenes, including scene processing, and providing advice and recommendations relating to other areas of forensic science. Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 5 of 57

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Mr. Hendrikse has served as a lecturer, trainer, and course designer designing modules and lectures specific to crime scene investigations, the forensic examination of firearms, ammunition and related items, and comparison microscopy for both the University of Ontario Institute of Technology and the National Ballistics Intelligence Service in Birmingham and London, UK. Since 2010, Mr. Hendrikse has served as a registered expert in firearms and ballistics for the International Criminal Court. Mr. Hendrikse also serves on a panel of expert witnesses in firearms for the County of Los Angeles Superior Court.

Mr. Hendrikse graduated from McMaster University in 1995 with a degree in Chemistry. In 1998, Mr. Hendrikse earned a Master of Science in Forensic Science from King’s College London. In 2006, Mr. Hendrikse was awarded with the Cambridgeshire High Sheriff’s Award for Excellence in Forensic Science.

A copy of Mr. Hendrikse’s CV is attached.

B. Summary of Opinions and Bases Therefore: Mr. Hendrikse holds each of the following opinions and is prepared to offer them if called to testify. Except where otherwise noted, Mr. Hendrikse’s opinions are based on his education, training and experience described above and in his CV.

3. Dr. Elizabeth Loftus

A. Qualifications

Dr. Loftus is a cognitive psychologist who has been studying human memory for over forty years. Her extensive research has focused on the malleability of human memory and includes research on the effect of misinformation and eyewitness memory. Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 6 of 57

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Since 2002, Dr. Loftus has been a Distinguished Professor at the University of California, Irvine teaching in a number of areas, including, psychology and social behavior, criminology, law and society, and cognitive sciences. She has been a fellow for the Center for the Neurobiology of Learning and Memory since 2002 and was a Founding Director of the Center for Psychology & Law, serving from 2005 to 2012. She has acted as a visiting professor at Harvard University and Georgetown University Law Center. Prior to joining the University of California, Irvine, Dr. Loftus was a professor at the University of Washington for 29 years.

Dr. Loftus has received numerous honors and awards for her groundbreaking research in human memory. She has received grants, contracts, and research funding from a number of organizations, including, the National Institute of Health, the National Science Foundation, the U.S. Department of Transportation, the National Institute of Mental Health, and the National Center for Health Services Research. Since 1973, Dr. Loftus has published 22 books and over 500 scientific articles, a majority of which are on her research in the field of human memory. From 2013 to 2017, she was a member for the Board of Directors for the American Association for the Advancement of Science and in the past, she served as the President of the Association for Psychological Science (formerly, the American Psychological Society). Dr. Loftus is an elected member of the National Academy of Sciences.

Dr. Loftus graduated with the highest honors from UCLA with a bachelor’s degree in Mathematics and Psychology in 1966. She received both her M.A. and Ph.D. in Psychology from Stanford University in 1966 and 1967, respectively.

A copy of Dr. Loftus’ CV is attached.

1. An individual’s ability to perceive and retain information is negatively impacted by highly stressful situations. Dr. Loftus may opine that highly stressful, intense situations are likely to impair, rather than enhance, an individual’s ability to perceive and remember events accurately. Dr. Loftus may opine that there are three stages of eyewitness account – (1) the acquisition stage in an individual witnesses an event they attempt to remember at a later date; (2) the retention stage in which the event is over and time has passed; and (3) the retrieval stage when an individual tries to recall what happened during an event or retrieve information from their memory and discuss the factors that impact one’s memory during each Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 7 of 57

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stage. Dr. Loftus may opine that, during the acquisition stage, there is a relationship between stress and one’s ability to accurately perceive and later recall events. Dr. Loftus may describe case studies that show that very high levels of stress can impair an individual’s ability to accurately remember.

2. Confidence of an eyewitness is weakly correlated with the accuracy of an eyewitness’s memory. Dr. Loftus may opine that an individual’s confidence is a relevant factor to be considered during the retrieval phase. Dr. Loftus may opine that scientific literature finds that the relationship between how confident someone is and how likely they are to be accurate can be a relatively weak relationship, especially when the viewing and retrieval conditions of the relevant event were not pristine. Dr. Loftus may also opine that confidence, like memory, is malleable and an individual may express a degree of confidence at one point in time and then later on learn new information which may artificially inflate that individual’s confidence.

3. Memory distortion may occur after a witness to an event has been exposed to post-event information. Dr. Loftus may opine that after the occurrence of an event, a witness’s memory can be distorted and influenced by the introduction of post-event information. Dr. Loftus may opine that after an event occurs, post-event conversations, interviews, exposure to statements and other information may distort a witness’s recollection of events. Dr. Loftus may also opine that once an individual is exposed to misinformation, it can be very difficult for that individual to distinguish between their original memory and the distorted memory. Dr. Loftus may describe case studies that depict how memory can be distorted when people are exposed to post-event information.

Attachments

CC: Thomas Connolly, Esq. Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 8 of 57

Michael Green has over 30 years combined experience in Special Operations, the Defense and Security fields. He served as a Green Beret with U.S. Army Special Forces, worked overseas on security and defense contracts for multiple US Government organizations and has been teaching tactical firearms since 1992. As a firearms Subject Matter Expert (SME) he is currently hosting and co-producing his second season on a National Television show (Trigger Time TV) that is aired weekly with up to 45 million potential viewers, with an estimated reach of 20 million unduplicated homes in the US.

Michael Green currently serves as an Antiterrorism/Force Protection Specialist and Team Leader within a Department of Defense Agency. He and his team operate on a global scale, most commonly within high threat nations where the Department of Defense (DoD) maintains a presence. Mr. Green provides critical security assistance and support overseas in order to identify and thwart foreign intelligence, criminal, and terrorist efforts to target DoD personnel and operations. As a recognized expert in the security and intelligence fields, Mr. Green has developed, coordinated, and supervised an advanced training program for new personnel to navigate before executing these critical missions in austere and dangerous environments.

Prior to his current position, Mr. Green worked in a number of roles as a contractor at the Department of State, the DoD, and other US Government agencies. In addition, Mr. Green served as the primary instructor for the process of vetting new operators, and providing them with advanced training. He also developed, reviewed, and managed comprehensive training curriculums specifically designed for overseas close protection programs.

Mr. Green began his career in 1991 in the U.S. Army, where he completed Airborne School, Ranger School, and the Special Forces Qualification Course. During his 15 years in Special Forces, Mr. Green served three years as an Assaulter in a Counter-Terrorism and Quick Reaction Force. He provided Advanced Marksmanship and Close Quarters Combat training to U.S. and foreign forces, and has also served as a primary instructor for the Special Forces Advanced Urban Combat Course.

As the Course Manager for the only Department of Defense Antiterrorism Instructor Qualification Course, Michael developed and managed a joint military and civilian team of Terrorism Experts and multiple surveillance teams, responsible for training Antiterrorism Instructors throughout the Department of Defense. As an Anti-terrorism detachment instructor, he trained students in tasks to minimize their vulnerability to terrorist attacks, in awareness techniques, survival-shooting and foreign weapons.

Michael also owns a firearms training company, Green Ops (www.Green-Ops.com) and holds Master classifications in IDPA and USPSA. He has been to over 80 military, civilian and law enforcement firearms courses, and has firearms/tactical Instructor ratings from the NRA, the Federal Law Enforcement Training Center, the US Army, the State of Virginia and many other civilian entities. He has trained civilians, Special Operations, military and law enforcement units in the US and throughout the world.

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LIAM JAMES HENDRIKSE, BSc (Hons), MSc (Forensic Science) Consultant Forensic Scientist Firearms and Ballistics 106 Edgemont Street South, Hamilton L8K 2H5 ______

EDUCATION, QUALIFICATIONS, AWARDS, MEMBERSHIPS

Panel of Expert Witnesses – Firearms January 2012 to present County of Los Angeles Superior Court Los Angeles, California, USA

Registered Expert – Firearms & Ballistics February 2010 to present International Criminal Court The Hague, The Netherlands

Registered Forensic Practitioner (RFP) 2003 to 2006 Council for the Registration of Forensic Practitioners United Kingdom

Cambridgeshire High Sheriff’s Award for Excellence 2006 in Forensic Science United Kingdom

Master of Science – Forensic Science 1997 to 1998 King’s College London London, England

Honours Bachelor of Science – Chemistry 1991 to 1995 McMaster University Hamilton, Ontario

WORK EXPERIENCE

Course Designer and Trainer 2008 & 2010 National Ballistics Intelligence Service Birmingham and London, UK

 Design, write, and deliver theoretical and practical course work specific to firearms identification, and comparison microscopy.

Course Designer 2007 External Lecturer 2007 to present University of Ontario Institute of Technology Oshawa, Ontario

 Design and deliver modules and lectures specific to crime scene investigations, the forensic examination of firearms, ammunition and related items, and comparison microscopy for the Forensic Science program, and Physics program.

Consultant Forensic Scientist 2006 to present Ontario, Canada

 Provide forensic support to criminal lawyers in legal matters relating to firearms, ammunition, crime scene, post mortem analyses and firearms identification.

 Examine evidence, prepare reports, and offer technical advice where required.

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Senior Forensic Scientist 2002 to 2006 Forensic Scientist 1999 to 2002 Trainee Forensic Scientist 1998 to 1999 The Forensic Science Service (FSS) – Firearms London, England

 Forensic examinations: Perform forensic examinations of firearms, ammunition and related items such as crossbows and electric shock devices; ballistics; discharge residues, muzzle-to-target determination, and damage assessment.

 Scenes of crime: Perform forensic examinations and reconstructions of firearms-related crime scenes, including scene processing, and providing advice and recommendations relating to other areas of forensic science.

 Post mortems: Perform forensic analyses at post mortems, in addition to wound ballistics.

 Comparison microscopy: Perform microscopic comparisons of tool marks on evidential bullets and cartridge cases, and between firearms and evidential samples.

 CCTV analysis: Analyse CCTV and related video footage and extracted stills, in order to identify firearms related items.

 Expert testimony: Present evidence in court and organize and run case conferences for significant cases.

 Mentoring: Organize and mentor training modules relating to the forensic examination of firearms, and comparison microscopy for trainee forensic scientists, and act as a point of contact for casework issues for both trainee and junior forensic scientists.

 Quality assurance: Involved in all aspects of Quality Assurance Trials, and responsible for the quality assurance of microscopic comparisons, checking significant findings and reviewing case files for other forensic scientists.

 European Network of Forensic Science Institutes: Act as an FSS representative for the ENFSI Comparison Microscopy working group; evaluate and discuss the interpretation of firing marks left on evidential samples.

 Lead Reporting Officer 2003-2004: Work closely with senior management to improve efficiency, productivity and consistency of practitioners within a dedicated team of trained staff; set objectives for team members, monitor and review performance throughout the year, and give personal development and performance reviews.

 Intelligence-based work and training of officers: Work with Police forces, identifying trends in the criminal use of firearms, as well as training officers in the proper knowledge and operation of currently used firearms.

 IBIS: Trained and certified IBIS (Integrated Ballistics Identification System) user via Forensic Technology Incorporated; lead a team of technicians for the IBIS/NFFID project; train relevant staff in the use of the system; address various issues relating to the delegation of work, quality assurance and competency.

 Training courses: Develop and run training courses in both basic and advanced Firearms Awareness, Firearms Safety and Scenes of Crime Work for external clients.

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High-Profile Work

 Award for Excellence in Forensic Science (2006): One of six recipients of the first Cambridgeshire High Sheriff’s Award, in recognition of forensic work on “Operation Sphinx”.

 Saville Inquiry (Bloody Sunday): Between 1999 and 2000, conducted research on the fragmentation potential and subsequent wound ballistic effects of the 7.62mm NATO bullet, using human bone and tissue simulant; research later presented at ENFSI 2001, Bruges, Belgium “Ballistics and the Study of the Effects of Intermediate Targets on the 7.62mm NATO bullet”.

 Independent Police Complaints Commission (IPCC): Work with members of the IPCC on cases relating to the shooting of civilians by police; present and discuss evidence in a balanced fashion, both with police, members of the IPCC and relevant parties; adhere to professional codes of conduct and standards of discretion and objectivity.

 Royal Military Police: Work with Royal Military Police on investigations of shootings in present Middle East conflicts; assess post-mortem results, examine damaged clothing, vehicles and relevant items to reconstruct shootings and to assist investigations.

 Fatal shootings of British civilians abroad: Work with a number of different government organizations throughout the United Kingdom, investigating fatal shootings of British civilians in countries such as Somalia and Saudi Arabia; prepare reports relating to various aspects of these incidents.

 Automated Comparison Systems: Represent the FSS in Montreal, Frankfurt, Warsaw and Northampton as an integral member of the technical evaluation team for the procurement of an automated comparison system (IBIS and Arsenal) for the National Firearms Forensic Intelligence Database project; conduct trials, analyze statistical data, prepare reports and discuss results and issues.

Lecturer – Master of Science in Forensic Science 2003 to 2006 King’s College, University of London London, England

 Lecture post-graduate classes in the forensic principles of firearms examination.

 Act as an advisor to students interested in pursuing careers in forensic science.

 Develop and supervise Master of Science research projects for students.

Court Attendance

Reported on over 2000 cases in the field of firearms and ballistics.

Presented evidence as an expert witness on topics relating to firearms, ammunition, and related items; ballistics; damage assessment; muzzle-to-target determination; wound ballistics; trajectory analysis and reconstructions; firearms identification in the following cases:

United Kingdom (dates reflect date of incident; list incomplete):  Reference H/00/8249 - suspicious death March 17, 2000  Reference H/02/49 - double fatal shooting January 1, 2002  Reference H/02/3833 - fatal shooting February 10, 2002  Reference H/02/10902 - non-fatal shooting, April 18, 2002

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 Reference H/02/17641 - possession July 15, 2002  Reference H/02/18514 - possession July 20, 2002  Reference H/02/18433 - fatal shooting July 23, 2002  Reference 300049787 - non-fatal shooting August 6, 2002  Reference 300128088 - non-fatal shooting January 11, 2003  Reference 300146504 - Police shooting April 18, 2003  Reference 300139993 - non-fatal shooting April 15, 2003  Reference 300152152 - possession May 1, 2003  Reference 300156891 - non-fatal shooting May 14, 2003  Reference 300181253 - possession August 12, 2003  Reference 300200467 - fatal shooting October 3, 2003  Reference 300265027 - non-fatal shooting October 30, 2003  Reference 300213676 - fatal shooting November 9, 2003  Reference 300214284 - non-fatal shooting November 10, 2003  Reference 300253246 - non-fatal shooting December 26, 2003  Reference 300248605 - non-fatal shooting January 24, 2004  Reference 300241630 - fatal and non-fatal shooting January 25, 2004  Reference 300129215 - possession May 18, 2004

Canada (Dates reflect date of testimony)  Reference R v FERGUSON – November 12, 2009 (Kingston, Ontario)  Reference R v C.D., J.W. – March 12, 2010 (Toronto, Ontario)  Reference R v J.B. – May 25, 2010 (Toronto, Ontario)  Reference R v DOWNEY – July 14, 2010 (Toronto, Ontario)  Reference R v MANAFI – November 28, 2012 (Ottawa, Ontario)  Reference R v PATEL – May 12, 2014 (Toronto, Ontario)  Reference R v ARNOLD – April 30, 2015 (Orillia, Ontario)  Reference R v DESOUSA – January 19, 2016 (Newmarket, Ontario)  Reference R v REIS – November 22, 2016 (Toronto, Ontario)

United States (Dates reflect date of testimony)  Reference United States v MOUZONE – April 12, 2010 (Baltimore, MD)

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ELIZABETH F. LOFTUS

Distinguished Professor University of California, Irvine

2393 Social Ecology II Tel: (949) 824-3285 University of California, Irvine Fax: (949) 824-3001 Irvine, California 92697-7080 email: [email protected] USA web: http://socialecology.uci.edu/faculty/eloftus/

EDUCATION B.A., with highest honors in Mathematics and Psychology, UCLA, 1966 M.A., Psychology, Stanford University, 1967 Ph.D., Psychology, Stanford University, 1970

TEACHING EXPERIENCE Permanent Distinguished Professor, University of California, Irvine, 2002 – present Psychology & Social Behavior, 2002- Criminology, Law & Society, 2002 – Cognitive Sciences, 2002- Fellow, Center for the Neurobiology of Learning and Memory, 2002- Founding Director, Center for Psychology & Law, 2005 - 2012 School of Law, 2007- Affiliate Professor, Univ. of Washington, Psychology Dept and School of Law, 2002 – 2016. Assistant, Associate, Full Professor, University of Washington, 1973-2002 Adjunct Professor of Law, University of Washington, 1984-2002 Assistant Professor, The New School, Graduate Faculty, New York 1970-73 Visiting Harvard University, Seminar on Law and Psychology, 1975-76 National Judicial College, University of Nevada, 1975-87 (summers) Visiting Professor, Georgetown University Law Center, 1986

HONORS AND AWARDS Honorary Degrees Doctor of Science, Miami University (Ohio), 1982 Doctorate Honoris Causa, Leiden University, The Netherlands, 1990 Doctor of Laws, John Jay College of Criminal Justice, City University of New York, 1994 Doctor of Science, University of Portsmouth, England, 1998 Doctor of Philosophy, Honoris Causa, University of Haifa, Israel, 2005 Doctor Honoris Causa, University of Olso, Norway 2008 Doctor of Social Sciences Honoris Causa, Goldsmiths College, University of London 2015

Honorary Societies Phi Beta Kappa, elected 1965 (President of University of Calif. – Irvine chapter, 2005-06). Pi Mu Epsilon, National Mathematics Honorary, elected 1965 Mortar Board, National Senior Women’s Honorary, elected 1965 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 14 of 57

Elected, Golden Key International Honour Society, honorary member, 2005 Fellowships Office of Education Traineeship, Stanford University, 1966-69 National Institute of Mental Health Fellowship, Stanford University, 1969-70 American Council on Education Fellowship in Academic Administration, Harvard University, 1975-76 Fellow, Center for Advanced Study in the Behavioral Sciences, Stanford, 1978-79 Grants, Contracts, Research Funding National Institute of Mental Health, 1971-72; 1972-73; 1976-79 (Human Memory) U.S. Department of Transportation, 1974-76 (Human Memory) General Services Administration, 1974-75 (Communications--w/Keating) National Bureau of Standards, 1976-77; 1980-82 (Communications--w/Keating) National Science Foundation, 1978-85 (Human Memory) National Science Foundation, 1980-83 (Jury Behavior--w/Severance) National Science Foundation, 1983-85; (Hypnosis--w/Greene) National Institute of Mental Health, 1984-86; 1986-89;1989-92 (Memory) National Center for Health Services Research, 1986-88 (Survey Memory) National Science Foundation, 1986-88; 1988-91 (Jury Comprehension--w/Greene-Goodman) Fund for Research on Dispute Resolution, 1989-91 (Predictions of Success--w/Goodman) National Institute of Health, 1991-95 (Cognition & Health--w/Croyle) National Institute of Health, 1993-94 (Health/sex memory: subcontract from UCSF/Catania) Leverhulme Trust, Postevent info and erasing memories, 1997-1999 (w/ Dan Wright, Univ. of Bristol) Royal Society of Edinburgh, Travel Grant, 2006 Grawemeyer Award Funding given to UCI, 2005-present. Awards & Honors National Lecturer of Sigma Xi, 1978-80 American Psychological Association nomination for the NSF Waterman Award for Outstanding Contributions to Science, 1977 and 1978 National Media Award for Eyewitness Testimony (American Psychological Foundation, Distinguished Contribution, 1980) Greyhound Research Award, 1987-88 Honorary Fellow, British Psychological Society, 1991 (includes lifetime membership) George E. Allen Professor, University of Richmond School of Law, 1995 American Academy of Forensic Psychology, Distinguished Contributions to Forensic Psych Award, 1995 American Association of Applied and Preventive Psychology (AAAPP), Distinguished Contribution to Basic and Applied Scientific Psychology Award, 1996 Association for Psychological Science, James McKeen Cattell Fellow (“For outstanding lifetime contributions to the area of applied psychological research”), 1997 Oklahoma Scholar Leadership Enrichment Program Scholar 2001 Association for Psychological Science, William James Fellow Award, 2001 (“For significant lifetime intellectual contributions to the basic science of psychology.”) Quad L Award (for “outstanding life-long contributions to our understanding of learning or memory processes” University of New Mexico) 2002 National Academy of Sciences: Henry & Bryna David Lectureship, 2002 (inaugural award, for “application of the best social and behavioral sciences research to public policy issues”) Speech delivered at NAS (2002). Article selected for inclusion in: The Best American Science and Nature Writing, (2003) Society for the Scientific Study of Sexuality (SSSS), Contributions to Sexual Science Award, 2002 American Academy of Political and Social Sciences, elected Thorsten Sellin Fellow, 2003 Distinguished Scientific Award for the Applications of Psychology, American Psychological Assn, 2003. American Academy of Arts & Sciences, elected Fellow, 2003 National Academy of Sciences, elected 2004. Grawemeyer Prize in Psychology (for “Outstanding Ideas in the Science of Psychology”), 2005

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Royal Society of Edinburgh, Corresponding Fellow (Scotland’s National Academy of Science & Letters, Est 1783). 2005 Distinguished Member of Psi Chi (The National Honor Society in Psychology), 2005 Lauds & Laurels, Faculty Achievement Award, University of California- Irvine, (for “great professional prominence in their field” in research, teaching and public service; 9th recipient in UCI history), 2005 Ireland Distinguished Visiting Scholar Prize, 2006 American Philosophical Society (U.S. oldest learned society, Est. 1745 by Benjamin Franklin), 2006 International Academy of Humanism, elected Humanist Laureate, 2007 (for “outstanding contributions to science, law, and academic freedom, and to the public understanding of the human mind”) McGovern Award Lecture, American Assoc. for the Advancement of Science, 2009 Distinguished Contributions to Psychology and Law, American Psychology-Law Society, 2009. Joseph Priestley Award (for “achievement in the sciences”), Dickinson College, October, 2009. Howard Crosby Warren Medal, Society of Experimental Psychologists – Est. 1904, (for “significant contributions to the understanding of the phenomenology of human memory, especially its fragility and vulnerability to distortion”) 2010 American Association for the Advancement of Science Award for Scientific Freedom and Responsibility (for "the profound impact that your pioneering research on human memory has had on the administration of justice in the United States and abroad."), for year 2010, ceremony Feb, 2011 Forensic Mental Health Assn of California, William T. Rossiter Award (for “exceptional global contribution to the field of forensic mental health”), 2012. University of California, Irvine Medal (for “exceptional contributions to the vision, mission, and spirit of UC Irvine”) 2012 Foundation for Critical Thinking, Bertrand Russell Scholar, 2013. Gold Medal Award for Life Achievement in the Science of Psychology. American Psychological Foundation. (for “extraordinary contributions to our understanding of memory during the past 40 years that are remarkable for their creativity and impact”) 2013. Cornell University: Law, Psychology & Human Development Lifetime Achievement Award (“In Recognition of a Distinguished Career of Pioneering Contributions in Legal Applications of Psychological Research”), 2015 Isaac Asimov Science Award, American Humanist Association, 2016 John Maddox Prize (for “courage in promoting science and facing hostility in doing so”), 2016 Western Psychological Association, Lifetime Achievement Award (“in recognition of Outstanding Career Contributions to Research and Teaching”, 2018 Albert Wolters Distinguished Visiting Professor (“in recognition of her world-class contributions to cognitive psychology”), University of Reading, 2018

Other Public Honors & Recognition Committee for the Scientific Investigation of Claims of the Paranormal (CSICOP): “In Praise of Reason” Award, 1994 (Renamed: Committee for Skeptical Inquiry – C.S.I.) Sexual Sanity Award, Sexual Intelligence, 2001 OC Metro magazine selection as one of the “Hottest 25 People in Orange County for 2002” Listed in One Hundred Most Eminent Psychologists of the 20th century. #58. Review of General Psychology, 2002. University of Portsmouth (England) endowed a prize for the best research dissertation in their MSc Program in Forensic Psychology, naming it The Elizabeth Loftus Award, 2004. “The false memory diet”, “Most noteworthy ideas of 2005”, New York Times Magazine, 2005. University of Klagenfurt, Student Scientific Board selection- “Nobel Prize in Psychology”, Austria, 2005. Listed in Who’s Who in America, Who’s Who in Science and Engineering, Who’s Who in American Education, Who's Who in Social Sciences Higher Education (WWSSHE), World Who’s Who of Women, and various others. Bethschrift Redux: Research Inspired by the Work of Elizabeth F. Loftus Special Issue of Applied Cognitive Psychology, edited by M. Garry & H. Hayne, Vol. 20, 2006.

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PROFESSIONAL MEMBERSHIPS Current: American Association for the Advancement of Science (Fellow; Board of Directors, 2013 - 2017) Association for Psychological Science (Formerly American Psychological Society; President 1998-99) Western Psychological Association (President, 1984; President 2004-2005) Psychonomic Society (Governing Board, 1990-1995) Lifetime Member Society of Experimental Psychologists, (1990 – ) British Psychological Society (1991, Lifetime Member) National Academy of Sciences, (2004 - ) American Academy of Arts and Sciences (2003 - ). Royal Society of Edinburgh (2005 – Lifetime Corresponding Fellow) American Philosophical Society (2006 - ) Past: American Psychological Association (Fellow-Div. 3, 35, 41; President, American Psychology-Law Society, Div. 41, 1985; President, Experimental Psychology Division, Div. 3, 1988) (1973-1996) Institute for the Study of the Trial (Board of Directors, 1979-81) Law and Society Association (1982-89) Eastern Psychological Assn, Elected Fellow 2011 OTHER PROFESSIONAL EXPERIENCE Member, Psychology Education Review Committee, National Institute of Mental Health, 1977-79 Associate Editor, American Psychologist, 1990-94 Editorial Board Member: Journal of Experimental Psychology, 1974-87 Ethics and Behavior, 1989-91 Human Learning, 1980-86 Forensic Reports, 1987-92 Social Cognition, 1981-92 The Forensic Echo, 1998-2000 Law and Society Review, 1982-86 Psychology, Crime and Law, 1992- Information and Behavior, 1983-90 Psych Science in the Public Interest, 1999- American Journal of Psychology, 1989-2008 Canadian Psychology 2001- Justice Quarterly, 1984-95 Perspectives on Psychological Science, 2005 - 2017 Behavioral Sciences and the Law, 1985-99 Internat. J of Psychology, Cons Ed, 2005 -12 Applied Cognitive Psychology 1987-93 Experimental Psychology, 2008 - (Special Editorial Advisor, 1993- ) Psychology of Consciousness 2012 - Law and Human Behavior, 1980-2005

Advisory Board Member: British Journal of Psychology, 1983-99(approx) Psychology Today, 1999-2003 Skeptic Magazine (UK), 2009 – present. Member, Council for Scientific Medicine, Scientific Review of Alternative Medicine, 1998-

American Psychological Association committee work: Member, Communications Committee, 1975-76; Member, Magazine Task Force, 1975-76; Member, Finance Committee, 1976-78; Member, Comm. on Organization of APA, 1977-78; Commission on Organization, 1978-82; Council of Representatives, Div. 3, 1982-85; Executive Committee, Div. 41, 1981-85; Member, Ethics Committee, 1984; National Policy Studies Oversight Committee, 1986; Psychology Today, Board of Directors, 1987-88; Comm. on Division/APA Relations (CODAPAR), 1988-89, Public Information Comm. 1989-1992 Task Force on Recovered Memories of Child Sexual Abuse, 1993-96 Association for Psychological Science (Formerly American Psychological Society) Committee work: Fund for Advancement of Psychological Science, Board Member, 2003- . (Chair: Bequest Subcommittee).

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Cattell Award Committee, 2001-05 . Association for Advancement of Psychology (AAP), Board of Trustees, 1981-85 Federation of Behavioral, Psychological, and Cognitive Sciences: Executive Committee, 1992-95 National Academies: (inc. National Academy of Sciences) Committee on ELF Radiation, 1976-77 Committee on Basic Research in the Behavioral and Social Sciences, 1980-82 Committee on Use of Statistical Evidence in Court, 1982-85 Committee on Cognitive Aspects of Survey Methodology, 1982-83 Division of Behavioral & Social Sciences & Education (DBASSE) Executive Board, 2005 -2011 National Academy of Sciences, Class Membership Committee, 2005, 2006,. 2007 Committee on Military and Intelligence Methodology for Emergent Physiological and Cognitive/Neural Science Research, 2007 - 08. Board on Human-Systems Integration, NRC, 2014- 2017 American Philosophical Society TNG for Psychology, 2006-08 Social Sciences Research Council: Committee on Cognition and Surveys, 1985-90 Bureau of National Affairs, Advisory Committee on Complex Litigation, 1987-1990 Representative from University Faculty to State Legislature, 1976-78 Advisory Comm., Institute of Government and Public Affairs, Univ. of Illinois, 1987-1992 FMS Foundation Advisory Board, 1992- NIMH Behavioral Sciences Task Force, 1993 Sage Series on Counseling Women, Advisor, 1995-96 Exploratorium, San Francisco’s Science Museum, Advisor, 1990-91, 1996-98 Brain.com Corporation, Scientific Advisory Board, 1999-2001 Center on Wrongful Convictions, National Advisory Board, 2000- NewKirk Center for Science & Society, Advisory Board, 2002- International Institute of Psychotherapy and Applied Mental Health Babes-Bolyai University, Cluj-Napoca, (Affiliated faculty), Romania, 2003 - . Member, Board of Commissioners, American Judicature Society Commission on Forensic Science & Public Policy, 2005-2010. Sage Cognitive Psychology Program, Consulting Board Member, 2006-2008 Institute for Memory Impairments and Neurological Disorders (MIND), Advisory Board, 2009-2015 Committee for Skeptical Inquiry (CSI), Executive Council, 2011- present. National Science Communication Institute, Board of Directors, 2011-2014. Consortium of Social Science Associations (COSSA), Board of Directors, 2012 - 2013

GOVERNMENT AND OTHER CONSULTING General Services Administration, 1974-77 Federal Trade Commission, 1976-77 Bay Area Rapid Transit, San Francisco, 1979 U.S. Department of Justice (National Crime Survey), 1980 Consultant for attorneys and other members of the legal profession in 34 US states, Canada, South Korea, Israel, Sweden, Japan, The Netherlands, Ireland, Scotland, Portugal Law Reform Commission of Canada, 1981 Westin Hotels, AT&T, Schering-Plough, L.A. Gear, and other corporations Internal Revenue Service, 1984 National Center for Health Statistics, 1985 US Secret Service, 1986 Unified Court System, NY., 1989-90 Consultant to Canadian Government Officials re eyewitness testimony (Sophonow Inquiry), 2001 Central Intelligence Agency, 2005 –2006. . 5 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 18 of 57

Veterans Education Association, Academic Advisory Board Member, 2006 . Grawemeyer Award External Review Panel, 2008. PUBLICATIONS Books Mednick, S.A., Pollio, R. H. & Loftus, E.F. (1973). Learning. Englewood Cliffs, NJ: Prentice-Hall. · Japanese edition: Iwanami Shoten Publishers, Tokyo. Loftus, G.R. & Loftus, E.F. (1976) Human Memory: The Processing of Information. Hillsdale, NJ: Erlbaum Associates. · Japanese edition: University of Tokyo Press. Bourne, L.E., Dominowski, R. L., & Loftus, E.F. (1979). Cognitive Processes. Englewood Cliffs, NJ: Prentice-Hall. Loftus, E.F. (1979). Eyewitness Testimony. Cambridge, MA: Harvard University Press.(National Media Award, Distinguished Contribution, 1980). (Reissued with new Preface in 1996). · Japanese edition: Seishin Shobo, Tokyo. Loftus, E.F. (1980). Memory. Reading, MA: Addison-Wesley. (Reprinted by NY: Ardsley Press 1988). · Swedish edition: Liber Forlag, Stockholm.; Hebrew edition: Or Am, Tel-Aviv.; French edition: Le Jour, Editeur.; Spanish edition: Compania Editorial Continental.; Danish edition: Hernon Publishers. Wortman, C.B. & Loftus, E.F. (1981). Psychology. New York: Random House (Knopf). Loftus, G.R. & Loftus, E.F. (1982). Essence of Statistics. Monterey, CA: Brooks/Cole. Bootzin, R., Loftus, E., & Zajonc, R. (1983). Psychology Today (5th ed.). NY: Random House. Loftus, G.R. & Loftus, E.F. (1983). Mind at Play. New York: Basic Books. · Japanese edition: Companion Shuppan Ltd. Wells, G. & Loftus, E.F. (Eds.) (1984). Eyewitness Testimony--Psychological perspectives. NY: Cambridge University Press. Wortman, C.B. & Loftus, E.F. (1985). Psychology (2nd ed.) NY: Random House (Knopf). Bourne, L.E., Dominowski, R.L., Loftus, E.F., & Healy, A. (1986). Cognitive Processes. Englewood Cliffs: Prentice-Hall. Loftus, E.F. & Doyle, J. (1987). Eyewitness Testimony: Civil and Criminal. NY: Kluwer. Loftus, G.R. & Loftus, E.F. (1988). Statistics. New York: Random House. Wortman, C.B. & Loftus, E.F. (1988). Psychology (3rd ed.). NY: Random House (Knopf). Loftus, E.F. & Ketcham, K. (1991) Witness for the Defense; The Accused, the Eyewitness, and the Expert Who Puts Memory on Trial NY: St. Martin’s Press. -Chinese Translation: Taiwan: Business Weekly Publications 1999; Spanish Translation: Barcelona, Spain: Alba 2010 Wortman, C.B. & Loftus, E.F. (1992) Psychology (4th ed.) NY: McGraw Hill. Loftus, E.F. & Doyle, J.M. (1992) Eyewitness Testimony - Civil and Criminal. Charlottesville, VA: The Michie Co. Loftus, E.F. & Ketcham, K. (1994) The Myth of Repressed Memory. NY: St. Martin’s Press. -Dutch edition: Graven in het geheugen, Amsterdam/Antwerpen: Uitgeverji L.J. Veen (1995) · German edition: Die Therapierte erinnerung. (translated by Ingrid Klein): Hamburg: Verlag GmbH. (1995). · French edition: Le syndrome des faux souvenirs. Collection Regard Critique: Editions Exergue, (1997). Bastei Lubbe Publishing. · Taiwanese Translation: Yuan Liou Publishing. · Japanese edition: Seishin Shobo Publishers (2000). -Korean edition: Dosol Publishing (2008) -French, second ed. (2012) Le syndrome des faux souvenirs. Paris: Editions Exergue. Loftus, E.F. & Doyle, J.M. (1997) Eyewitness testimony: Civil & Criminal, 3rd edition. Charlottesville, Va: Lexis Law Publishing. Wortman, C.B., Loftus, E.F., & Weaver, C. (1999) Psychology (5th edition). NY: McGraw Hill. Loftus, E.F., Doyle, J.M. & Dysart, J. (2007) Eyewitness testimony: Civil & Criminal, 4th edition. Charlottesville, Va: Lexis Law Publishing. (482 pages)

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Loftus, E.F., Doyle, J.M. & Dysart, J. (2013) Eyewitness testimony: Civil & Criminal, 5th edition. Charlottesville, Va: Lexis Law Publishing. (447 pages) Articles and Chapters 1968 Fishman, E.F. (Loftus), Keller, L., & Atkinson, R.C. (1968). Massed vs. distributed practice in computerized spelling drills. Journal of Educational Psychology, 59, 290-296. · Reprinted in: R.C. Atkinson & H.A. Wilson (Eds.) (1969). Computer-Assisted Instruction: A Book of Readings. NY: Academic Press. 1969 Suppes, P., Loftus, E.F., & Jerman, M. (1969). Problem-solving on a computer-based Teletype. Educational Studies in Mathematics, 2, 1-15. · Reprinted in: E. Fishbein & E. Rasu (Eds.) (1971). Invatamintul Matematic in Lumea Contemporana. Bucharest: Editura Didactice si Pedagogica. 1970 Loftus, E.F. & Freedman, J.L. (1970). On predicting constrained associates from long-term memory. Bulletin of Psychonomic Society, 19, 357-358. Loftus, E.F., Freedman, J.L., & Loftus, G.R. (1970). Retrieval of words from subordinate and superordinate categories in semantic hierarchies. Bulletin of Psychonomic Science, 21, 235-236. Loftus, E.F. (1970). An analysis of the structural variables that determine problem solving difficulty on a computer-based Teletype. Doctoral Dissertation, Stanford University. Also, Institute for Mathematical Studies in the Social Sciences, Technical Report No. 126, December 18, 1970. 1971 Freedman, J.L. & Loftus, E.F. (1971). Retrieval of words from long-term memory. Journal of Verbal Learning and Verbal Behavior, 10, 107-115. Loftus, E.F. & Scheff, R.W. (1971). Categorization norms for fifty representative instances. Journal of Experimental Psychology Monograph, 91, 355-364. Loftus, E.F. (1971). Memory for intentions: The effect of presence of a cue and interpolated activity. Bulletin of Psychonomic Science, 23, 315-316. 1972 Loftus, E.F. & Suppes, P. (1972). Structural variables that determine problem-solving difficulty in computer-assisted instruction. Journal of Educational Psychology, 63, 531-542. Loftus, E.F. & Freedman, J.L. (1972) Effect of category-name frequency on the speed of naming an instance of the category. Journal of Verbal Learning and Verbal Behavior, 11, 343-347. Loftus, E.F. & Suppes, P. (1972). Structural variables that determine the speed of retrieving words from long-term memory. Journal of Verbal Learning and Verbal Behavior, 11, 770-777. Loftus, E.F. (1972). Nouns, adjectives and semantic memory. Journal of Experimental Psychology, 96, 213-215. 1973 Loftus, E.F. (1973). Category dominance, instance dominance, and categorization time. Journal of Experimental Psychology, 97, 70-74. Loftus, E.F. & Grober, E.H. (1973). Retrieval from semantic memory by young children. Developmental Psychology, 8, 310. Loftus, E.F. (1973). Activation of semantic memory. American Journal of Psychology, 86, 331-337. Loftus, E.F. (1973). Teaching young children how to use a computer-based Teletype as a desk calculator. Behavioral Research Methods and Instrumentation, 5, 204-208. 1974 Loftus, E.F. & Bolton, M. (1974). Retrieval of superordinates and subordinates. Journal of Experimental Psychology, 102, 121-124. Loftus, E.F. & Loftus, G.R. (1974). Changes in memory structure and retrieval over the course of instruction. Journal of Educational Psychology, 66, 315-318.

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Grober, E.H. & Loftus, E.F. (1974). Semantic memory: Searching for attributes versus searching for names. Memory and Cognition, 2, 413-416. Loftus, E.F. & Keating, J.P. (1974, November). The psychology of emergency communications. Proceedings of the International Conference on Fire Safety in High Rise Buildings. Loftus, G.R. & Loftus, E.F. (1974). The influence of one memory retrieval on a subsequent retrieval. Memory and Cognition, 2, 467-471. Loftus, E.F. (1974). On reading the fine print. Quarterly Journal of Experimental Psychology, 26, 324. Freedman, J.L. & Loftus, E.F. (1974). Retrieval of words from well-learned sets. Journal of Experimental Psychology, 102, 1085-1091. Loftus, E.F. & Cole, W. (1974). Retrieving attribute and name information from semantic memory. Journal of Experimental Psychology, 102, 1116-1122. Loftus, E.F., Wiksten, S., & Abelson, R.P. (1974). Using semantic memory to find versus create a word. Memory and Cognition, 3, 479-483. Loftus, E.F. & Palmer, J.C. (1974). Reconstruction of automobile destruction: An example of the interaction between language and memory. Journal of Verbal Learning and Verbal Behavior, 13, 585-589. · Reprinted in: Neisser, U. (Ed.) (1982) Memory Observed. San Francisco: Freeman. Peter E. Morris & M. Conway (Eds.) (1993) The International Library of Critical Writings in Psychology: Memory. NY: Academic Press. Loftus, E.F., Senders, J.W., & Turkletaub, S. (1974). The retrieval of phonetically similar and dissimilar category members. American Journal of Psychology, 87, 57-63. Loftus, E.F. (1974). Reconstructing memory: The incredible eyewitness. Psychology Today, 8, 116-119. · Reprinted in: Jurimetrics Journal, 15, 1975, p188-193.; The Cincinnati Post, January 21, 1975; Annual Editions: Readings in Psychology 75/76. Guilford, CT: Dushkin Publishing Group, 1975; Student Lawyer, 3, 1975, 38-51.; Psychologie Heute, April, 1975; N.W. Peralta (Ed.) (1975). Personal awareness in business: Readings, problems, and activities. Chicago: Institute of Financial Education; Police Officers Journal, 1976.; J.R. Snortum & I. Hadar (Eds.) (1977). Criminal justice: The actors and the action. Pacific Palisades, CA: Palisades Publishers; P. Chance & T.G. Harris (1990) The Best of Psychology Today. New York: McGraw Hill. Loftus, E.F. (1974). Review of Lindsay and Norman’s Human Information Processing. Journal of Psycholinguistic Research, 3, 180-184. 1975 Loftus, E.F. (1975). Leading questions and the eyewitness report. Cognitive Psychology, 7, 560-572. · Reprinted in: Notable Selections in Psychology, 2nd Ed., Pettijohn, T. F., Ed. (1996) Madison, WI: Dushkin Publishing. · Reprinted in part in: Hock, R. R. (1999) Forty Studies that Changed Psychology. Upper Saddle River, NJ: Prentice Hall, 115-123. Collins, A.M. & Loftus, E.F. (1975). A spreading activation theory of semantic processing. Psychological Review, 82, 407-428. Loftus, E.F. & Zanni, G. (1975). Eyewitness testimony: The influence of the wording of a question. Bulletin of the Psychonomic Society, 5, 86-88. Keating, J.P. & Loftus, E.F. (1975). People care in fire emergencies--psychological aspects.. Boston, Ma: Society of Fire Protection Engineers, Technical Report 75-4, p 1-12. . Loftus, E.F., Altman D., & Geballe, R. (1975). Effects of questioning upon a witness’s later recollections. Journal of Police Science and Administration, 3, 162-165. Loftus, E.F. (1975). Retrieval from semantic memory: Some data and a model. In T. Storer & D. Winter (Eds.), Formal aspects of cognitive processes [Volume 22 of G. Goos & J. Hartman (Eds.), Lecture notes in computer science]. Berlin: Springer-Verlag. Loftus, E.F. (1975). Spreading activation within semantic categories. Journal of Experimental Psychology: General, 104, 234-240. Kasprzyk, D., Montano, D.E., & Loftus, E.F. (1975). Effect of leading questions on juror’s verdicts. Jurimetrics Journal, 16, 48-51. (American Bar Association Journal devoted to science and the law).

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Loftus, E.F. (1975, April 4). Eyewitness testimony: Does the malleable human memory interfere with legal justice? The Daily, University of Washington. · Reprinted in: Social Action and the Law, Newsletter, 2, 5-9. Loftus, E.F. (1975, October). Eyewitness. Puget Soundings, pp. 32-37. Loftus, E.F. (1975). Review of Norman & Rumelhart’s Explorations In Cognition. American Journal of Psychology, 88, 691-694. 1976 Loftus, E.F. (1976). Federal regulations: Make the punishment fit the crime. Science, 191, 521 [Lead editorial]. Loftus, E.F. (1976). Organization et recuperation de l’information sur les attributs et les noms Organization and retrieval of attribute and name information]. In S. Ehrlich and E. Tulving (Eds.), La memoire semantique. Bulletin de Psychologie, 69-75. Loftus, E.F. (1976). Unconscious transference in eyewitness identification. Law and Psychology Review, 2, 93-98. Miller, D.G. & Loftus, E.F. (1976). Influencing memory for people and their actions. Bulletin of the Psychonomic Society, 7, 9-11. 1977 Loftus, E.F. (1977). Shifting human color memory. Memory and Cognition, 5, 696-699. Keating, J.P. & Loftus, E.F. (1977). Vocal alarm system for high-rise buildings--a case study. Mass Emergencies, 2, 25-34. Loftus, E.F. (1977). Show to catch a zebra in semantic memory. In R. Shaw & J. Bransford (Eds.), Perceiving, acting, and knowing: Toward An Ecological Psychology. Hillsdale, NJ: Erlbaum. Loftus, E.F. (1977). Follies of affirmative action. Society, 13, 21-24. Loftus, E.F. (1977). Eyewitness reports: Psychological factors and expert testimony. In Psychology and the litigation process. Toronto, Canada: Law Society of Upper Canada. Loftus, E.F. & Cole, W. (1977). A century of thought [A review of Meyer, R. E., Thinking and problem solving. Glenview, IL: Scott Foresman & Co., 1977]. Contemporary Psychology, 22, 691-692. 1978 Loftus, E.F., Miller, D.G., & Burns, H.J. (1978). Semantic integration of verbal information into a visual memory. Journal of Experimental Psychology: Human Learning and Memory, 4, 19-31. · Reprinted in: Gross, R.D. (1990) Key Studies in Psychology. London: Hodder & Stoughton Publishers. Shanks, D. (1997). Human Memory: A reader. London: Arnold (NY: St. Martin’s Press). p. 91-107. Balota, D.A. & Marsh, E. J. (2004) Cognitive Psychology: Key Readings. NY: Psychology Press. p 309-320 Dale, P.S., Loftus, E.F., & Rathbun, L. (1978). The influence of the form of the question on the eyewitness testimony of preschool children. Journal of Psycholinguistic Research, 7, 269-277. Groner, N., Keating, J.P., & Loftus, E.F. (1978). Development of coded emergency alarms through word- association tasks. Bulletin of the Psychonomic Society, 11, 139-140. Loftus, E.F. (1978). Memory. In G. Lindzey, C. Hall, & R.F. Thompson, Psychology. NY: Worth Publishers. Groner, N.E., Loftus, E.F., & Keating, J.C. (1978). Calling nurse blaze: Tailoring programs to fit human behavior. Hospitals, 52 (Journal of the American Hospital Association), 111-115. Siegel, J.M. & Loftus, E.F. (1978). Impact of anxiety and life stress on eyewitness testimony. Bulletin of the Psychonomic Society, 12, 479-480. Fishman, D.B. & Loftus, E.F. (1978). Expert testimony on eyewitness identification. Law and Psychology Review, 4, 87-103. Hastie, R., Lansman, R., & Loftus, E.F. (1978). Eyewitness testimony: The dangers of guessing. Jurimetrics Journal, 19, 1-8. Loftus, E.F. (1978). Three forms of impaired memories. (A review of A.R. Luria, The Neuropsychology of Memory. Washington, DC: V.H. Winston & Sons, 1976). Contemporary Psychology, 23, 1-2.

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MacLeod, C.M. & Loftus, E.F. (1978). Memories are made of this... (A review of C.N. Cofer (Ed.), The Structure of Human Memory. San Francisco: Freeman, 1976). Contemporary Psychology, 23, 70-71. Loftus, E.F. (1978). Review of J. Tough. The Development of Meaning. (Bristol, UK: John Wright & Sons, Ltd. Also, NY: John Wiley & Sons, Inc., 1977). Modern Language Journal, LXII, 80-81. 1979 Loftus, E.F. & Fries, J.F. (1979). Informed consent may be hazardous to your health. Science, 204, 11, (lead editorial). Reprinted several times. (Reply: Science, 1979, 205, 644-647). Loftus, E.F. (1979). The malleability of human memory. American Scientist, 67, 312-320. Reprinted several times. Powers, P.A., Andriks, J.L., & Loftus, E.F. (1979). The eyewitness accounts of females and males. Journal of Applied Psychology, 64, 339-347. Loftus, E.F. (1979). Reactions to blatantly contradictory information. Memory and Cognition, 7, 368-374. Fries, J.F. & Loftus, E.F. (1979). Informed consent: Right or rite? Ca-A Cancer Journal for Clinicians, 29, 316-318. Gentner, D. & Loftus, E.F. (1979). Integration of verbal and visual information as evidenced by distortions in picture memory. American Journal of Psychology, 92, 363-375. Loftus, E.F. (1979). Insurance advertising and jury awards. American Bar Association Journal, 65, 68-70. Cole, W.G. & Loftus, E.F. (1979). Incorporating new information into memory. American Journal of Psychology, 92, 413-425. Hilgard, E. & Loftus, E.F. (1979). Effective interrogation of the eyewitness. International Journal of Clinical and Experimental Hypnosis, 27, 342-357. Loftus, E.F. (1979). Words that could save your life. Psychology Today, 13, 102-110, 136-137. Loftus, E.F. (1979). Eyewitness reliability. Review of The Psychology of Person Identification by B.R. Clifford & R. Bull. Science, 205, 386-387. Loftus, E.F. (1979). Review of Social Psychology in Court by M. Saks & R. Hastie, Clinical Law Reporter, 3, 31-33. 1980 Loftus, E.F. & Monahan, J. (1980). Trial by data: Psychological research as legal evidence. American Psychologist, 35, 270-283. Loftus, E.F. (1980). Impact of expert psychological testimony on the unreliability of eyewitness identification. Journal of Applied Psychology, 56, 9-15. Loftus, E.F. (1980). Alcohol, marijuana and memory. Psychology Today, 13, 42-56, 92. Loftus, G.R. & Loftus, E.F. (1980). Visual perception: The shifting domain of discourse. The Behavioral and Brain Sciences, 3, 391-392. Loftus, E.F. (1980). Psychological aspects of courtroom testimony. In F. Wright, C. Bahn, & R.W. Rieber (Eds.), Forensic psychology and psychiatry. NY: New York Academy of Sciences. P 27-37. Loftus, E.F. & Loftus, G.R. (1980). On the permanence of stored information in the human brain. American Psychologist, 35, 409-420. --Reprinted in: Honeck, R.P. (Ed) (1994) Introductory readings for Cognitive Psychology, 2nd Ed. Guilford, CT: Dushkin Publishing Group Inc., Chapter 12, p 1136-130 Loftus, E.F. (1980). The eyewitness on trial. Trial, 1980, 16, 30-35, 80-81. Expanded version in J. Taylor (Ed.), Recent Developments in the Law of Evidence. Vancouver: Butterworths. Loftus, E.F. (1980). Language and memories in the judicial system. In R. Shuy & A. Shnukal (Eds.), Language use and the uses of language (pp. 257-268). Washington, DC: Georgetown University Press. Loftus, E.F., Greene, E., & Smith, K.H. (1980). How deep is the meaning of life? Bulletin of the Psychonomic Society, 15, 282-284. Loftus, E.F. & Greene, E. (1980). Warning: Even memory for faces may be contagious. Law and Human Behavior, 4, 323-334. Greene, E., Manber, M., & Loftus, E.F. (1980). Witnesses to fires. In Fire-related Human Behavior. Washington, DC: Open Learning Fire Service Program. Loftus, E.F. & Greene, E. (1980). Review of The Psychology of Eyewitness Testimony by A.D. Yarmey. The Free Press, 1979. Journal of Criminal Justice, 4, 264-266.

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1981 Loftus, E.F. (1981). Reconstructive memory processes in eyewitness testimony. In B.D. Sales (Ed.), The trial process (pp. 115-144). NY: Plenum Press. Greene, E. & Loftus, E.F. (1981) Distortions in eye witness memory. Directions in Psychology. Piscatay, NJ: Pro Scientia. Loftus, E.F. & Scott, G.R. (1981). Memory, Yearbook of Science and Technology. NY: McGraw Hill. Keating, J.P. & Loftus, E.F. (1981). The logic of fire escape. Psychology Today, 15, 14-19. Loftus, E.F. (1981). Natural and unnatural cognition. Cognition, 10, 193-196. Loftus, E.F. (1981). Eyewitness Testimony: Psychological Research and Legal Thought. In M. Tonry & N. Morris (Eds.), Crime and justice--An annual review of research (Vol. III, pp. 105-151). Chicago: University of Chicago Press. Loftus, E.F. (1981). Mentalmorphosis: Alterations in memory produced by the mental bonding of new information to old. In J.B. Long and A.D. Baddeley (Eds.), Attention and performance, IX. Hillsdale, NJ: Erlbaum. Loftus, E.F. (1981). Hear ye, hear ye. (Review of Atkinson, J.M. & Drew, P. Order in Court: The Organization of Verbal Interaction in Judicial Settings. Atlantic Highlands, NJ: Humanities Press, 1979). Contemporary Psychology, 26, 141-142. Greene, E. & Loftus, E.F. (1981). The person-perceiver as information-processor. [Review of Hastie et al. (Eds.)], Person Memory. Erlbaum, 1980). Contemporary Psychology, 26, 343-345. 1982 Monahan, J. & Loftus, E.F. (1982). The psychology of law. Annual Review of Psychology, 33, 441-475. Loftus, E.F. (1982). Remembering recent experiences. In L.S. Cermak (Ed.), Human Memory and Amnesia. Hillsdale, NJ: Erlbaum. Penrod, S., Loftus, E., & Winkler, J. (1982). The reliability of eyewitness testimony. A psychological perspective. In R. Bray and N. Kerr (Eds.), The Psychology of the Courtroom. NY: Academic Press. Greene, E., Flynn, M.S., & Loftus, E.F. (1982). Inducing resistance to misleading information. Journal of Verbal Learning and Verbal Behavior, 21, 207-219. Loftus, E.F. (1982). Memory and its distortions. In A.G. Kraut (Ed.), G. Stanley Hall Lectures (pp. l23- 154). Washington, DC: American Psychological Assn. Loftus, E.F. & Hall, D.F. (1982). Memory changes in eyewitness accounts. In A. Trankell (Ed.), Reconstructing the Past (pp. 189-203). Stockholm: P.A. Norstedt & Sons. Deffenbacher, K.A. & Loftus, E.F. (1982). Do jurors share a common understanding concerning eyewitness behavior? Law and Human Behavior, 6, 15-30. Loftus, E.F. (1982). Interrogating eyewitnesses--good questions and bad. In R.M. Hogarth (Ed.), New directions for methodology of social and behavioral science: Question framing and response consistency (pp. 51-63). San Francisco: Jossey-Bass. Severance, L.J. & Loftus, E.F. (1982). Improving jurors’ abilities to comprehend and apply criminal jury instructions. Law and Society Review, 17, 153-197. Loftus, E.F. & Burns, T.E. (1982). Mental shock can produce retrograde amnesia. Memory and Cognition, 10, 318-323. Loftus, E.F. & Severance, L.J. (1982). Improving jury instructions. Washington State Bar Journal, July, 16-19. Greene, E. & Loftus, E.F. (1982). Eyewitness testimony: Constructive processes in human memory. In Advances in Psychology (Vol. l). Villanova, PA: ProScientia, Inc. Loftus, E.F. & Beach, L.R. (1982). Human inference and judgment: Is the glass half empty or half full? Stanford Law Review, 34, 901-918. 1983 Loftus, E.F. (1983). Misfortunes of memory. Philosophical Transactions of the Royal Society. London, 302, 413-421. Loftus, E.F. (1983). Silence is not golden. American Psychologist, 38, 564-572. Loftus, E.F. (1983). Whose shadow is crooked? American Psychologist, 38, 576-577.

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Loftus, E.F. & Marburger, W. (1983). Since the eruption of Mt. St. Helens, did anyone beat you up? Improving the accuracy of retrospective reports with landmark events. Memory and Cognition, ll, 114-120. Loftus, E.F., Manber, M., & Keating, J.P. (1983). Recollection of naturalistic events: Context enhancement versus negative cueing. Human Learning, 2, 83-92. Loftus, E.F., Ketcham, K.E. (1983). The malleability of eyewitness accounts. In S.M.A. Lloyd-Bostock & B.R. Clifford (Eds.), Evaluating Witness Evidence (pp. 157-172). London: Wiley. Loftus, E.F. (1983). Memory. The World Book Encyclopedia (Vol. 13, pp. 318-320). Chicago: World Book, Inc. Keating, J.P., Loftus, E.F., & Manber, M. (1983). Emergency evaluations during fires: Psychological considerations. In R.F. Kidd & M. J. Saks (Eds.), Advances in Applied Social Psychology (Vol 2. pp. 83- 99). Hillsdale: Erlbaum. Loftus, E.F., Goodman, J., & Nagatkin, C. (1983). Examining witnesses--good advice and bad. In R.J. Matlon & R.J. Crawford (Eds.), Communication Strategies in the Practice of Lawyering (pp. 292-317). Annandale, VA: Speech Communication Association. Loftus, E.F. & Greene, E. (1983). Review of “Reconstructing reality in the courtroom.” Journal of Criminal Law and Criminology, 74, 315-328. 1984 Hall, D.F. & Loftus, E.F. (1984). The fate of memory: Discoverable or doomed? In N. Butters & L. Squire (Eds.), Neuropsychology of Memory (pp. 25-32). NY: Guilford Press. Greene, E. & Loftus, E.F. (1984). What’s new in the news? The influence of well publicized news events on psychological research and courtroom trials. Basic and Applied Social Psychology, 5, 211-221. Severance, L.J. & Loftus, E.F. (1984). Improving criminal justice: Making jury instructions understandable for American jurors. International Review of Applied Psychology, 33, 97-119. Loftus, E.F., Loftus, G.R., & Hunt, E.B. (1984). Broadbent’s Maltese cross memory model: Something old, something new, something borrowed, something missing. The Behavioral and Brain Sciences, 7, 73-74. Severance, L., Greene, E., & Loftus, E.F. (1984). Toward criminal jury instructions that jurors can understand. Journal of Criminal Law and Criminology, 75, 198-233. Loftus, E.F. & Davies, G.M. (1984). Distortions in the memory of children. Journal of Social Issues, 40, 51-67. Goodman, J. & Loftus, E.F. (1984). Social science looks at witness examination. Trial, 20, 52-57. Loftus, E.F. (1984). Eyewitnesses: Essential but unreliable. Psychology Today, 18 (Feb.), 22-26. Wells, G.L. & Loftus, E.F. (1984). Eyewitness research: Then and now. In G.L. Wells & E.F. Loftus (Eds.), Eyewitness Testimony: Psychological Perspectives (pp. l-11). NY: Cambridge University Press. Hall, D.F., Loftus, E.F., & Tousignant, J.P. (1984). Post-event information and changes in recollection for a natural event. In G.L. Wells & E.F. Loftus (Eds.), Eyewitness Testimony: Psychological Perspectives (pp. 124-141). NY: Cambridge University Press. Loftus, E.F. (1984). Expert testimony on the eyewitness. In G.L. Wells & E.F. Loftus (Eds.), Eyewitness Testimony: Psychological Perspectives. NY: Cambridge University Press, 273-282. Loftus, E.F. & Yuille, J.C. (1984). Departures from reality in human perception and memory. In W. Weingartner & E.S. Parker (Eds.), Human Memory Consolidation: Toward a Psychobiology of Cognition (pp. 163-183). Hillsdale: Erlbaum. Fathi, D., Schooler, J. & Loftus, E.F. (1984). Moving survey problems into the Cognitive Psychology Laboratory. Proceedings of the Survey Research Section. Washington, DC: American Statistical Association, 19-21. Loftus, E.F., Keating, J.P., & Manber, M. (1984). Communicating with people during emergencies. In L. Sproull & P. Larkey (Eds.), Information Processing in Organizations (pp. 33-44). Greenwich, CO: JAI Publishing. Wilson, L. & Loftus, E.F. (1984). Now you will remember everything. Contemporary Psychology, 29, 462-463. Loftus, E.F. & Greene, E. (1984). Twelve angry people: The collective mind of the jury. Columbia Law Review, 84, 1425-1434.

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Hall, D.E. & Loftus, E.F. (1984). Research on eyewitness testimony: Recent advances and current controversy. In D.J. Muller, D.E. Blackman, & A.J. Chapman (Eds.), Psychology and Law, (pp. 199- 213). London: Wiley. Loftus, E.F. & Schooler, J.W. (1984). Recoding processes in memory. Behavioral and Brain Sciences, 7, 246-247. 1985 Loftus, E.F., Fienberg, S.E., & Tanur, J.M. (1985). Cognitive psychology meets the national survey. American Psychologist, 40, 175-180. Loftus, E.F., Schooler, J.W., & Wagenaar, W.A. (1985). The fate of memory. Comment on McCloskey & Zaragoza. Journal of Experimental Psychology: General, 114, 375-380. Loftus, E.F., Schooler, J.W., Loftus, G.R., & Glauber, D.T. (1985). Memory for events occurring under anesthesia. Acta Psychologica, 59, 123-128. Loftus, E.F. & Fathi, D. (1985). Retrieving multiple autobiographical memories, Social Cognition, 3, 280- 295. Greene, E. & Loftus, E.F. (1985). When crimes are joined at trial. Law and Human Behavior, 9, 171-186. Ward, R.A. & Loftus, E.F. (1985). Eyewitness performance in different psychological types. Journal of General Psychology, 112, 191-200. Loftus, E.F. (1985). To file, perchance to cheat. Psychology Today, 19, 34-39. Hall, D.F. & Loftus, E.F. (1985). Recent advances in research on eyewitness testimony. In C.P. Ewing (Ed.), Psychology, Psychiatry and the Law: A Clinical and Forensic Handbook (pp. 417-439). Sarasota, FL: Professional Resource Exchange. Loftus, E.F. & Goodman, J. (1985). Questioning witnesses. In S. Kassin & L. Wrightsman (Eds.), The Psychology of Evidence and Courtroom Procedure (pp. 253-279). Beverly Hills: Sage. Greene, E., Schooler, J.W., & Loftus, E.F. (1985). Expert testimony. In S. Kassin & L. Wrightsman (Eds.), The Psychology of Evidence and Courtroom Procedure (pp. 201-228). Beverly Hills: Sage. Fienberg, S.E., Loftus, E.F., & Tanur, J.M. (1985). Cognitive aspects of health survey methodology. Millbank Memorial Fund Quarterly, 63, 547-564. Fienberg, S.E., Loftus, E.F., & Tanur, J.M. (1985). Recalling pain and other symptoms. Millbank Memorial Fund Quarterly, 63, 582-597. Fienberg, S.E., Loftus, E.F., & Tanur, J.M. (1985). Cognitive aspects of health surveys for public information and policy. Millbank Memorial Fund Quarterly, 63, 598-614. Goodman, J., Greene, E., & Loftus, E.F. (1985). What confuses jurors in complex cases. Trial, November, 65-74. Bell, B.E. & Loftus, E.F. (1985). Vivid persuasion in the courtroom. Journal of Personality Assessment, 49, 659-664. Camper, P.M. & Loftus, E.F. (1985). The role of psychologists as expert witnesses: No more Daniels in the lions’ den. Law and Psychology Review, 9, 1-13. Loftus, E.F. & Schooler, J.W. (1985). Information-Processing Conceptualizations of Human Cognition: Past, present, and future. In B.D. Ruben (Ed.), Information and Behavior (Vol. I, pp. 225-250). New Brunswick, NJ: Transaction Books. 1986 Schooler, J.W., Gerhard, D., & Loftus, E.F. (1986). Qualities of the unreal. Journal of Experimental Psychology: Learning, Memory and Cognition, 12, 171-181. Tousignant, J.P., Hall, D., & Loftus, E.F. (1986). Discrepancy detection and vulnerability to misleading post-event information. Memory and Cognition, 14, 329-338. Schooler, J. & Loftus, E.F. (1986). Individual differences and experimentation: Complementary approaches to interrogative suggestibility. Social Behaviour, 1, 105-112. Loftus, E.F. & Leber, D. (1986). Do jurors talk? Trial, 22, 59-60. Loftus, E.F. (1986). Ten years in the life of an expert witness. Law and Human Behavior, 10, 241-263. (Presidential Address, Div 41, APA). Franklin, K.C. & Loftus, E.F. (1986). Law errs in assumptions about memory. Syllabus (An American Bar Assn. Journal), March, 17, 7.

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Wilson, L., Greene, E., & Loftus, E.F. (1986). Beliefs about forensic hypnosis. International Journal of Clinical and Experimental Hypnosis, 34, 110-121. Loftus, E.F. (1986). Experimental psychologist as advocate or impartial educator. Law and Human Behavior, 10, 63-78. Caddy, G. R., & Loftus, E. F. (1986). Forensic Practice. In G. S. Tryon (Ed.) The Professional Practice of Psychology. p 130-159. New Jersey: Norwood. 1987 Loftus, E.F., Loftus, G.R., & Messo, J. (1987). Some facts about weapon focus. Law and Human Behavior, 11, 55-62. Loftus, E.F., Schooler, J.W., Boone, S.M., & Kline, D. (1987). Time went by so slowly: Overestimation of event duration by males and females. Applied Cognitive Psychology, 1, 3-13. Cole, C.B. & Loftus, E.F. (1987). The memory of children. In S. Ceci, M. Toglia, & D. Ross (Eds.), Children’s Eyewitness Memory (pp. 178-208). NY: Springer-Verlag. Schooler, J.W. & Loftus, E.F. (1987). Memory. In Encyclopedia of Science and Technology (Vol. l, pp. 584-587). NY: McGraw-Hill. Loftus, E.F., Banaji, M.R., Schooler, J.W., & Foster, R.A. (1987). Who remembers what? Gender differences in memory. Michigan Quarterly Review, 26, 64-85. Hall, D.F., McFeaters, S.J., & Loftus, E.F. (1987). Alterations in recollection of unusual and unexpected events. Journal of the Society for Scientific Exploration, 1, 3-10. Loftus, E.F. & Schneider, N.G. (1987). Challenging eyewitness testimony. Trial, 23, 40-44. Goodman, J. & Loftus, E.F. (1987). How to play to the jury you select--in complex and other cases. Criminal Justice, 2 (Spring), 2-5, 42-43. Christianson, S. & Loftus, E.F. (1987). Memory for traumatic events. Applied Cognitive Psychology, 1, 225-239. Loftus, E.F. (1987). Trials of an Expert Witness. Newsweek (My Turn Column), June 29, 10-11. Loftus, E.F. & Schneider, N.G. (1987). Behold with strange surprise: Judicial reactions to expert testimony concerning eyewitness testimony. University of Missouri-Kansas City Law Review, 56, 1-45. (Based on Annual Joseph Cohen Lectureship). · Reprinted in Criminal Practice Law Review (1988), 1, 1-51. Loftus, E.F. (1987). Psychology and law. In F. Farley & C.H. Null (Eds.), Using Psychological Science: Making the Public Case (pp. 69-78). Washington, D.C.: Federation of Behavioral Psychological Cognitive Sciences. Loftus, E.F. (1987) Eyewitness testimony and event perception. University of Bridgeport Law Review, 8, 7-13. 1988 Loftus, E.F. & Doyle, J.M. (1988). Eyewitness Testimony: Civil and Criminal, 1988 Supplement. Kluwer Law Books, 1-37. Bell, B. & Loftus, E.F. (1988). Degree of detail of eyewitness testimony and mock juror judgments. Journal of Applied Social Psychology, 18, 1171-1192. Schooler, J.W., Foster, R.A., & Loftus, E.F. (1988). Some deleterious consequences of the act of recollection. Memory and Cognition, 16, 243-251. Loftus, E.F., Smith, K.D., Johnson, D.A., & Fiedler, J. (1988). Remembering “when”: Errors in dating of autobiographical memories. In M. Gruneberg, P. Morris, & R. Sykes (Eds.), Practical Aspects of Memory (pp. 234-240). NY: Wiley. Schooler, J.W., Clark, C., & Loftus, E.F. (1988). Knowing when memory is real. In M. Gruneberg, P. Morris, & R. Sykes (Eds.), Practical Aspects of Memory (pp. 83-88). NY: Wiley. Wells, G.L, & Loftus, E.F. (1988). Eyewitness testimony. International Encyclopedia of Communications. Annenberg School of Communications and Oxford University Press. McSpadden, M., Schooler, J.W., & Loftus, E.F. (1988). Here today, gone tomorrow: The appearance and disappearance of context effects. In G. Davies and D. Thomson (Eds.), Memory in Context: Context in Memory (pp. 215-229). Sussex, England. Goodman, J. & Loftus, E.F. (1988). The relevance of expert testimony on eyewitness testimony. Journal of Interpersonal Violence, 3, 115-121. 14 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 27 of 57

Loftus, E.F., Bell, B.E., & Williams, K.D. (1988). Powerful Eyewitness testimony. Trial, 24, 64-66. Loftus, E.F. & Wagenaar, W.A. (1988). Lawyers’ predictions of success. Jurimetrics Journal. (ABA Journal devoted to law, science, and technology), 28, 437-453. 1989 Bell, B. & Loftus, E.F. (1989). Trivial persuasion in the courtroom: The power of (a few) minor details. Journal of Personality and Social Psychology, 56, 669-679. Loftus, E.F. & Hoffman, H.G. (1989). Misinformation and memory: The creation of memory. Journal of Experimental Psychology: General, 118, 100-104. Loftus, E.F. & Doyle, J.M. (1989). Eyewitness Testimony: Civil and Criminal. 1989 Supplement. Michie Co.: Charlottesville, VA, 1-65. Loftus, E.F., Donders, K., Hoffman, H.G., & Schooler, J.W. (1989). Creating new memories that are quickly accessed and confidently held. Memory and Cognition, 17, 607-616. Greene, E., Wilson, L., & Loftus, E.F. (1989). Impact of hypnotic testimony on the jury. Law and Human Behavior, 13, 61-78. Loftus, E.F. & Christianson, S.A. (1989). Malleability of memory for emotional events. In T. Archer & L. Nilsson (Eds.), Aversively Motivated Behavior (pp. 311-322). Hillsdale, NJ: Erlbaum Press. Loftus, E.F. (1989). Distortions in eyewitness memory from post-event information. In H. Wegener, F. Losel, & J. Haisch (Eds.), Criminal Behavior and the Justice System: Psychological Perspectives (pp. 242-53). NY: Springer-Verlag. Loftus, E.F. & Greene, E. (1989). Eyewitness identification. In W.G. Bailey (Ed.), The Encyclopedia of Police Science (pp. 183-186). New York: Garland. Loftus, E.F., Korf, N., & Schooler, J.W. (1989). Misguided memories: Sincere distortions of reality. In J. Yuille (Ed.), Credibility Assessment (pp. 155-173). Dordrecht, Netherlands: Kluwer. Loftus, E.F., Greene, E., & Doyle, J.M (1989). The psychology of eyewitness testimony. In D.C. Raskin (Ed.), Psychological Methods in Criminal Investigation and Evidence, (Chap. 1, pp. 3-45). NY: Springer. Goodman, J. & Loftus, E.F. (1989). Implications of facial memory research for investigative and administrative criminal procedures. In A.W. Young & H.D. Ellis (Eds.), Handbook of Research on Face Processing (pp. 571-579). Amsterdam: North Holland Publishing Company. Loftus, E.F. & Banaji, M. (1989). Memory modification and the role of the media. In V.A. Gheorghiu, P. Netter, H.J. Eysenck, & R. Rosenthal (Eds.), Suggestibility: Theory and Research. Berlin: Springer- Verlag, p. 279-294. Loftus, E.F. & Goodman, J. (1989). Is the verdict in on the American jury? (Review of Kassin & Wrightsman). Contemporary Psychology, 34, 819-820. Goodman, J., Greene, E., & Loftus, E.F. (1989). Runaway verdicts or reasoned determinations: Mock juror strategies in awarding damages. Jurimetrics Journal, 29, 285-309. Loftus, E.F. (1989). Mind games: China’s rulers changing memories. Sunday Times Union, Albany, NY, p. D1, 6. 1990 Loftus, E.F., Klinger, M.R., Smith, K.D., & Fiedler, J. (1990). A tale of two questions: Benefits of asking more than one question. Public Opinion Quarterly, 054, 330-345. Raitz, A., Greene, E. Goodman, J., & Loftus, E.F. (1990). Determining damages: The influence of expert testimony on jurors’ decision making. Law and Human Behavior, 14, 385-395. Christianson, S., Goodman, J., & Loftus, E.F. (1990). Eyewitness testimony. In Eysenck, M. (Ed.), The Blackwell Dictionary of Cognitive Psychology. Oxford, U.K.: Basil Blackwell, Ltd, 142-144. Goodman, J., Loftus, E.F. & Greene, E. (1990). A matter of money: Voir dire in civil cases. Forensic Reports, 3, 303-330. Moran, G., Cutler, B.L. & Loftus, E.F. (1990). Jury selection in major controlled substance trials: The need for extended voir dire. Forensic Reports, 3, 331-348. Christianson, S-A. & Loftus, E.F. (1990). Some characteristics of peoples’ traumatic memories. Bulletin of the Psychonomic Society, 28(3), 195-198. Jobe, J. White, A.A., Kelley, C.L., Mingay, D.J., Sanchez, M.J., & Loftus, E.F. (1990) Recall strategies and memory for health care visits., Millbank Quarterly, 68, 171-189.

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Wagenaar, W.A. & Loftus, E.F. (1990) Ten cases of eyewitness identification: logical problems and procedural problems. Journal of Criminal Justice, 18, 291-319. Loftus, E.F. & Doyle, J.M. (1990). Eyewitness Testimony: Civil and Criminal. 1990 Supplement. Michie Co.: Charlottesville, VA, 1-84. 1991 Christianson, S.A. & Loftus, E.F. (1991). Remembering emotional events: The fate of detailed information. Cognition and Emotion, 5, 81-108. Loftus, E.F. (1991) Made in Memory: Distortions of recollection after misleading information. In G. Bower (Ed.) Psychology of Learning and Motivation, 27, 187-215. NY: Academic Press. Loftus, E.F. (1991) The glitter of everyday memory research...and the gold. American Psychologist, 46, 16-18. Christianson, S.A., Loftus, E.F., Hoffman, H., & Loftus, G.R. (1991) Eye fixations and accuracy in detail memory of emotional versus neutral events. Journal of Experimental Psychology: Learning, Memory and Cognition, 17, 693-701. Means, B. & Loftus, E.F. (1991). When personal history repeats itself: Decomposing memories for recurrent events. Applied Cognitive Psychology, 5, 297-318. Loftus, E.F. & Ceci, S.J. (1991). Research findings: What do they mean? In J. Doris (Ed.) The Suggestibility of Children’s Recollections. Washington D.C.: American Psychological Association, 129- 133. Wells, G.L. & Loftus, E.F. (1991). Is this child fabricating?: Reactions to new assessment technique. In J. Doris (Ed.) The Suggestibility of Children’s Recollections. Washington D.C.: American Psychological Association, 168-171. Toland,K., Hoffman, H. & Loftus, E.F. (1991). How suggestion plays tricks with memory. In J.F.Schumaker, (Ed.) Human Suggestibility: Advances in Theory, Research, and Application. NY: Routledge, p. 235-252.. Jobe, J. & Loftus, E.F. (Eds.) (1991) Cognition and Survey Measurement. Applied Cognitive Psychology, 5 (special issue). Loftus, E.F. (1991) When words speak louder than actions: Suggestibility about what happened? In J. Doris (Ed.) The Suggestibility of Children’s Recollections. Washington DC: American Psychological Association, p. 56-59. Greene, E., Goodman, J. & Loftus, E.F. (1991) Jurors’ attitudes about civil litigation and the size of damage awards. American University Law Review, 40, 805-820. Loftus, E.F. (1991) Resolving legal questions with psychological data. American Psychologist,46, 1046- 1048. Goodman, J. Loftus, E.F., Lee, M., & Greene, E. (1991) Money, sex and death: Gender bias in wrongful death damage awards. Law and Society Review, 25, 263-285. Hoffman, H.G., Loftus, E.F., Greenmun, G.N. & Dashiell, R.L. (1991) Die Erzeugung von Fehlinformation (The generation of misinformation). Gruppendynamik 22 Jahrg., Heft 2, 161-173. Wertheimer, M., Hilgard, E.R., Spilka, B, Tyler, L.E., Norman, R.D., Loftus, E.F., Brewer, M.B.. Ellis, H.C., Wollersheim, J.P., Kendler, H.H. (1991) A tale of two regions: The Rocky Mountains and the US Western. Zeitschrift fur Psychologie, 199, 107-119 and 191-204. 1992 Loftus, E.F., Levidow, B & Duensing, S. (1992) Who remembers best? Individual differences in memory for events that occurred in a science museum. Applied Cognitive Psychology, 6, 93-107. Severance, L., Goodman, J. & Loftus, E.F. (1992) Inferring the Criminal Mind: Towards a bridge between legal doctrine and psychological understanding. Journal of Criminal Justice, 20, 15-27. Loftus, E.F. & Klinger, M.R.(1992) Is the unconscious smart or dumb? American Psychologist, 47,761- 765. Loftus, E.F. & Leitner, R. (1992) Reconstructive Memory. In L.R. Squire, J.H. Byrne, L. Nadel, H.L. Roediger, D.L. Schacter & R.F. Thompson (Eds.) Encyclopedia of Learning and Memory. NY:: MacMillan, Vol I.

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Abelson, R.P., Loftus, E.F. & Greenwald, A.G. (1992) Attempts to improve the accuracy of self-reports of voting. In J.M. Tanur (Ed.) Questions about Questions: Inquiries into the Cognitive Bases of Surveys. NY: Russell Sage, 138-153. Croyle, R. & Loftus, E.F. (1992) Improving episodic memory performance on survey respondents. In J.M. Tanur (Ed.) Questions about Questions: Inquiries into the Cognitive Bases of Surveys. NY: Russell Sage, 95-101. Loftus, E.F., Smith, K., Klinger, M. & Fiedler, J. (1992) Memory and mismemory for health events. In J.M. Tanur (Ed.) Questions about Questions: Inquiries into the Cognitive Bases of Surveys. NY: Russell Sage, 102-137. Goodman, J. & Loftus, E.F. (1992). Judgment and memory: The role of expert testimony on eyewitness accuracy. In P. Tetlock and P. Suedfeld (Eds.), Psychology and Social Policy, 267-282. Wash, DC: Hemisphere Publishing Corp. Christianson, S.A., Goodman, J. & Loftus E.F. (1992) Eyewitness memory for traumatic events: Methodological quandaries and ethical dilemmas. In Christianson, S.A. (ed.) Handbook of Emotion and Memory. Hillsdale, NJ: Erlbaum, 217-241. Fruzzetti, A.E., Toland, K., Teller, S.A. & Loftus, E.F. (1992). Memory and eyewitness testimony. In Gruneberg, M. & Morris, P. (Eds.) Aspects of Memory. London: Routledge, 18-50 Loftus, E.F. & Kaufman, L. (1992) Why do traumatic experiences sometimes produce good memory (flashbulbs) and sometimes no memory (repression)? In E. Winograd & U. Neisser (Eds.) Affect and Accuracy in Recall: The Problem of “Flashbulb” memories. NY: Cambridge University Press, 212-223. Loftus, E.F., Hoffman, H., & Wagenaar, W.A. (1992). The misinformation effect: Transformations in memory induced by postevent information. In M.L. Howe, C.J. Brainerd, and V.F. Reyna (Eds.) Development of Long-Term Retention. NY: Springer. pp. 159-183. Williams, K.D., Loftus, E.F., & Deffenbacher, K.A. (1992) Eyewitness evidence and testimony. In D.K. Kagehiro & N.S. Laufer (Eds.), Handbook of Psychology and Law. NY: Springer-Verlag, 141-166. Loftus, E.F. (1992) When a lie becomes memory’s truth. Current Directions in Psychological Science, 1, 121-123. · Reprinted in: Honeck, R.P. (1998) Introductory Readings for Cognitive Psychology, 3rd Ed. Guilford, CT: Dushkin Publishing Group, chapter 12, 116-120. Berliner, L. & Loftus, E.F. (1992) Sexual abuse accusations: Desperately seeking reconciliation. Journal of Interpersonal Violence, 7, 570-578. Loftus, E.F. & Rosenwald, L.A. (1992) Damage Control: How to reduce guesswork and bias in jury awards. Trial Diplomacy Journal, 15, 183-188. Hoffman, H.G., Loftus, E.F., Greenmun, G.N. & Dashiell, R.L. (1992) The generation of misinformation. In Losel, F., Bender, D., & Bliesener, T. (Eds.) (1992) Psychology and Law: International perspectives. Berlin: Walter de Gruyter, p.292-301. (English translation of German publication from 1991). 1993 Loftus, E.F. (1993) Desperately seeking memories of the first few years of childhood: The reality of early memories. Journal of Experimental Psychology: General, 122, 274-277. Loftus, E.F. (1993) The reality of repressed memories. American Psychologist, 48, 518-537. · Reprinted in: Hertzig, M.E. & Farber, E.A. (Eds.) (1995) Annual Progress in Child Psychiatry and Child Development 1994: A selection of the year’s outstanding contributions to the understanding and treatment of the normal and disturbed child. NY: Brunner/Mazel. Blake, T. (Ed.) Enduring Issues in Psychology. San Diego: Greenhaven Press. Croyle, R.T. & Loftus, E.F. (1993) Recollection in the kingdom of AIDS. In D.G. Ostrow & R. Kessler (Eds.) Methodological Issues in AIDS Behavioral Research. NY: Plenum. p 163-180. Croyle, R.T., Loftus, E.F., Klinger, M.R., & Smith, K.D. (1993) Reducing errors in health-related memories. Progress and prospects. In J.R. Schement & B.D. Ruben (Eds.) Between Communication and Information: Information and Behavior, Vol IV, pp. 255-268. New Brunswick, NJ: Transaction Publishers.

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Schooler, J.W. & Loftus, E.F. (1993). Multiple mechanisms mediate individual differences in eyewitness accuracy and suggestibility. In J.M. Puckett & H.W. Reese (Eds.). Life-span Developmental Psychology: Mechanisms of everyday cognition. Hillsdale, NJ: Erlbaum. p. 177-203. Loftus, E.F. & Rosenwald, L.A. (1993) Buried Memories/shattered lives. American Bar Association Journal, 79, 70-73. Loftus, E.F. & Rosenwald, L.A. (1993) The Rodney King Videotape: Why the case was not black and white. University of Southern California Law Review, 66, 1637-1645. Loftus, E.F. (1993) Repressed memories of childhood trauma: Are they genuine? Harvard Medical School Mental Health Letter, 9(9), 4-5. Loftus, E.F. (1993) The theory behind witnessing events, and the practice. In Davies, G. & Logie, R. (Eds.) Memory in Everyday Life. North Holland, chapter 9, 402-407. Ernsdorff, G. & Loftus, E.F. (1993) Let sleeping memories lie?: Words of caution about tolling the statute of limitations in cases of memory repression. Journal of Criminal Law and Criminology, 84, 129-174. Loftus, E.F. (1993) Psychologists in the Eyewitness World. American Psychologist, 48, 550-552. Loftus, E.F., Weingardt, K.R., & Hoffman, H.G. (1993). Sleeping memories on trial: Reactions to memories that were previously repressed. Expert Evidence: The International Digest of Human Behaviour Science and Law, 2, 51-59. Loftus, E.F. (1993, June 27) You must remember this...or do you? How real are repressed memories? Washington Post, p.C1-C2. (Invited editorial). Garry, M. & Loftus E.F. (1993) Repressed memories of childhood trauma: Could some of them be suggested? USA Today Magazine (Society for the Advancement of Education), 122, 82-84. 1994 Weingardt, K.R., Leonesio, R.J., & Loftus, E.F. (1994) Viewing eyewitness research from a metacognitive perspective. In J. Metcalfe & A. Shimamura (Eds.) Metacognition: Knowing about Knowing. Cambridge, Mass: MIT Press, pp. 157-184. Foster, R.A., Libkuman, T.M., Schooler, J.W., & Loftus, E.F. (1994) Consequentiality and eyewitness person identification. Applied Cognitive Psychology, 8, 107-121. Loftus, E.F., Polonsky, S., & Fullilove, M.T. (1994) Memories of childhood sexual abuse: remembering and repressing. Psychology of Women Quarterly, 18, 67-84. Williams, K.D. & Loftus, E.F. (1994) Eyewitness testimony. In Ramachandran, V.S. (Ed) Encyclopedia of Human Behavior, Vol I. San Diego: Academic Press, Inc. Croyle, R.T. & Loftus, E.F. (1994) Psychology and the Law. In Colman, A.M. (Ed.) Companion Encyclopedia of Psychology, Vol. 2. London: Routledge, p. 1028-1045. · Reprinted in: Coleman, A.M. (Ed.) (1995) Controversies in Psychology. London: Longman, pp. 58-75. Loftus, E.F. (1994) Therapeutic recollection of childhood abuse: When a memory may not be a memory? The Champion (National Association of Criminal Defense Lawyers), Vol. XVIII, 2, 5-10. Loftus, E.F. (1994) We need to be concerned about ‘altered’ memories. Brown University Child and Adolescent Behavior Letter, April, 10, 3. Loftus, E.F., Garry, M., Brown, S.W., & Rader, M. (1994) Near-natal memories, past-life memories, and other memory myths. American Journal of Clinical Hypnosis, 36, 176-179. Loftus, E.F., Garry, M., & Feldman, J. (1994) Forgetting sexual trauma. Journal of Consulting and Clinical Psychology, 62, 1177-1181. · Reprinted in: Baker, R.A. (Ed). (1998) Child sexual abuse and false memory syndrome. Amherst, NY: Prometheus Books. Loftus, E.F. (1994) The repressed memory controversy. American Psychologist, 49, 443-445. Loftus, E.F. (1994) Tricked by memory. In J. Jeffrey and G. Edwall (Eds). Memory and History: Essays on recalling and interpreting experience. NY: University Press of America. p. 17-29. Garry, M., Loftus, E.F., Brown, S.W. (1994) Memory: A river runs through it. Consciousness and Cognition, 3, 438-451. Belli, R.F. & Loftus, E.F. (1994) Recovered memories of childhood abuse: A source monitoring perspective. In Lynn, S.J. & Rhue, J. (Eds.) Dissociation: Theory, clinical, and research perspectives. NY: Guilford Press, p. 415-433.

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Garry, M. & Loftus, E.F. (1994) Pseudomemories without hypnosis. International Journal of Clinical and Experimental Hypnosis, Vo,l. XLII, 363-378. Weingardt, K.R., Toland, H.K., & Loftus, E.F. (1994) Reports of suggested memories: Do people truly believe them? In D. Ross, J.D. Read & M.P. Toglia (Eds.) Adult eyewitness testimony: Current trends and developments. NY: Springer-Verlag, pp. 3-26. Ceci, S.J. & Loftus, E.F. (1994) “Memory work”: A royal road to false memories? Applied Cognitive Psychology, 8, 351-364. · Reprinted in Honech, R.P. (1998) Introductory readings for Cognitive Psychology, 3rd Ed. Guilford, CT: Dushkin Publishing Group, Chapter 31, 267-277. Ceci, S.J., Loftus, E.F., Leichtman, M.D., & Bruck, M. (1994) The possible role of source misattributions in the creation of false beliefs among preschoolers. International Journal of Clinical and Experimental Hypnosis, Vol. XLII, 304-320. Ceci, S.J., Huffman, M.L.C., Smith, E., and Loftus, E.F. (1994) Repeatedly thinking about a non-event: Source misattributions among preschoolers. Consciousness and Cognition, 3, 388-407. 1995 Weingardt, K.R., Loftus, E.F., & Lindsay, D.S. (1995) Misinformation revisited: New evidence on the suggestibility of memory. Memory & Cognition, 23 (1), 72-82. Loftus, E.F., Milo, E.M., & Paddock, J.R. (1995) The accidental executioner: Why psychotherapy must be informed by science. The Counseling Psychologist, 23, 300-309. Loftus, E.F. & Pickrell, J.E. (1995) The formation of false memories. Psychiatric Annals, 25, 720-725. · Reprinted in: Psykologia, 1997, 32 (2). (Published in Finnish, pages 112a-112k). Loftus, E.F., Feldman, J., & Dashiell, R. (1995) The reality of illusory memories. In Schacter, D.L., Coyle, J.T., Fishbach, G.D., Mesulam, M.M., and Sullivan, L.E. (Eds). Memory Distortion: How minds, brains and societies reconstruct the past. Cambridge, MA: Harvard University Press, p. 47-68 Loftus, E.F. (1995) Remembering dangerously. Skeptical Inquirer, 19, 20-29. Loftus, E.F. (1995) Memory malleability: Constructivist and fuzzy-trace explanations. Learning and Individual Differences, 7, 133-137.. Clark, S.E. & Loftus, E.F. (1995) The psychological pay-dirt of space-alien abduction memories. Review of Mack, J. (1995) Abduction: Human encounters with aliens. Contemporary Psychology,40, 861-863. Loftus, E.F, & Yapko, M. (1995) Psychotherapy and the recovery of repressed memories. In Ney, T. (Ed.) Allegations in Child Sexual Abuse: Assessment and case management. Brunner/Mazel, p. 176-191. Leichtman, M.D., Loftus, E.F., & Ceci, S.J. (1995) Current issues in early eyewitness memory. Scalpel and Quill: Bulletin of the Pittsburgh Institute of Legal Medicine, 30, 1-71. (Copies available from Pittsburgh Institute of Legal Medicine, 1200 Centre Ave, Pittsburgh, PA 15219). Loftus, E.F. (1995, August 25) The truth, the whole truth and & nothing but the truth? Los Angeles Times, p. B 9. (Invited editorial; Reprinted in newspapers in Minneapolis, Buffalo and elsewhere) Loftus, E.F. (1995) Afterword to Ross, C.A., Satanic ritual abuse. Toronto: University of Toronto Press, 203-209. Loftus, E.F. & Rosenwald, L.A. (1995, Fall) Recovered memories: unearthing the past in court. Journal of Psychiatry & Law, 349-361. 1996 Garry, M., Manning, C., Loftus, E.F., & Sherman, S.J. (1996) Imagination Inflation: Imagining a childhood event inflates confidence that it occurred. Psychonomic Bulletin and Review, 3, 208-214. Loftus, E.F., Paddock, J.R. & Guernsey, T.F. (1996) Patient-psychotherapist privilege: Access to clinical records in the tangled web of repressed memory litigation. University of Richmond Law Review, 30, 109-154. (Special issue devoted to Allen Chair recipients.). Belli, R.F. & Loftus, E.F. (1996) The pliability of autobiographical memory: Misinformation and the false memory problem. In David C. Rubin (Ed.) Remembering our past, 157-179. NY: Cambridge University Press. Loftus, E.F., Coan, J.A. & Pickrell, J.E. (1996) Manufacturing false memories using bits of reality. In L. M. Reder (Ed.) Implicit memory and metacognition. Mahwah, NJ: Lawrence Erlbaum Associates, pp. 195-220.

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Manning, C.G. & Loftus,E.F. (1996) Eyewitness testimony and memory distortion. Japanese Psychological Research, 38,5-13 (Invited Paper) Loftus, E.F. (1996) Repressed Memory Litigation: Court cases and scientific findings on illusory memory. Washington State Bar News, 50, 15-25. Loftus, E.F. (1996) The myth of repressed memory and the realities of science. Clinical Psychology: Science and Practice, 3, 356-362. Loftus, E.F. (1996) Memory distortion and false memory creation. Bulletin of the American Academy of Psychiatry & the Law, 24, 281-295. Manning, C.G. & Loftus, E.F. (1996) Memory. McGraw-Hill 1997 Yearbook of Science & Technology. NY: McGraw-Hill., p. 299-301. Clark, S.E. & Loftus, E.F. (1996) The construction of space alien abduction memories. Psychological Inquiry, 7, 140-143. Loftus, E. F., & Doyle, J. M. (1996). Eyewitness Testimony: Civil and Criminal. 1996 Cumulative Supplement. Charlottesville, VA: Michie Company, 1-49. Mazzoni, G. A. L., & Loftus, E. F. (1996). When dreams become reality. Consciousness & Cognition, 5, 442-462. Gilligan, F. A., Imwinkelried, E. J., & Loftus, E. F. (1996) The theory of ‘unconscious transference’: The latest threat to the shield laws protecting the privacy of victims of sex offenses. Boston College Law Review, 38, p. 107-144. 1997 Hyman, I. & Loftus, E.F. (1997) Some people recover memories of childhood trauma that never really happened. In Paul S. Appelbaum, Lisa A. Uyehara, Mark R. Elin (Eds) Trauma and Memory: Clinical and Legal Controversies. NY: Oxford University Press. p. 3-24. Garry, M., Loftus, E. F., DuBreuil, S. C., & Brown, S. W. (1997) Womb with a view: Memory beliefs and memory-work experiences. In D. G. Payne & F. G. Conrad (Eds.) Intersections in Basic & Applied Memory Research. Mahwah, NJ: Lawrence Erlbaum Associates, p. 233-255. Loftus, E. F. (1997) Commentary on anomolies of autobiographical memory. In J. D. Read and D. S. Lindsay (Eds.) Recollections of Trauma: Scientific Research and Clinical Practice. NY: Plenum Press, pp. 297-400. Loftus, E. F. (1997). Repressed memory accusations: Devastated families and devastated patients. Applied Cognitive Psychology, 11, 25-30. Loftus, E. F. & Rosenwald, L. (1997). Repressed Memories: Scientific Status. In D. L. Faigman, D. H. Kaye, M. J., Saks, & J. Saunders (Eds.) Modern Scientific Evidence: The Law and Science of Expert Testimony. St. Paul, MN: West Publishing, p. 535-550. Loftus, E. F. (1997, September). Creating false memories. Scientific American, 277, (3), 70-75. · Reprinted in Boyatzis, C. & Junn, E.N. (2000) Child Growth and Development. NY: McGraw Hill, Chapter 8. Loftus, E. F. (1997). Memory for a past that never was. Current Directions in Psychological Science, 6, p. 60-65. Joslyn, S., Carlin, L., & Loftus, E. F. (1997) Remembering and forgetting childhood sexual abuse. Memory, 5, 703-724. Loftus, E. F. (1997). Dispatch from the (un)civil memory wars. In J. D. Read & D. S. Lindsay (Eds.) Recollections of Trauma: Scientific Research and Clinical Practice. NY: Plenum Press, pp. 171-198. Loftus, E.F. (1997). Creating childhood memories. Applied Cognitive Psychology, 11, S75-S86. 1998 Loftus, E.F., Nucci, M., & Hoffman, H. (1998) Manufacturing memory. American Journal of Forensic Psychology, 16, 63-75. Ceci, S. J., Bruck, M., & Loftus, E. F. (1998) On the ethics of memory implantation research. Applied Cognitive Psychology, 12, 230-240. Greene, E. & Loftus, E.F. (1998) Psycholegal research on jury damage awards. Current Directions in Psychological Science, 7, 50-54.

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Mazzoni, G. A. L. & Loftus, E. F. (1998). Dreaming, believing, and remembering. In J. DeRivera and T. R. Sarbin (Eds.). Believed in Imaginings: The Narrative Construction of Reality. Washington D.C.: American Psychological Association Press. pp. 145-156. Wright, D.B. & Loftus, E.F. (1998) How memory research can benefit from CASM. Memory, 6, 467-474. Braun, K.A. & Loftus, E.F. (1998) Advertising’s misinformation effect. Applied Cognitive Psychology, 12, 569-591. Loftus, E.F. (1998) The private practice of misleading deflection. American Psychologist, 53, 484-485. Loftus, E.F. (1998) The price of bad memories. Skeptical Inquirer, 22, 23-24. Na, Eun-Young & Loftus, E.F. (1998) Attitudes towards law and prisoners, conservative authoritarianism, attribution, and internal-external locus of control: Korean and American law students and undergraduates. Journal of Cross Cultural Psychology, 29, 595-615. Loftus, E.F. (1998) Illusions of Memory. Proceedings of the American Philosophical Society, 142, 60-73. Loftus, E.F. (1998) Imaginary memories. In Conway, M.A., Gathercole, S.E., & Cornoldi, C. (Eds) Theories of memory. Vol II. East Sussex, United Kingdom: Psychology Press Ltd. p. 135-145. Mazzoni, G.A.L. & Loftus, E.F. (1998) Dream interpretation can change beliefs about the past. Psychotherapy, 35, 177-187. Loftus, E.F. & Mazzoni, G.A.L. (1998) Using imagination and personalized suggestion to change people. Behavior Therapy, 29, 691-706. Loftus, E.F. (1998) Who is the cat that curiosity killed? Skeptical Inquirer, 22, 60-61. DuBreuil, S.C., Garry, M., & Loftus E.F. (1998) Tales from the Crib: Age regression and the creation of unlikely memories. In S.J. Lynn & K.M. McConkey (Eds) Truth in Memory. NY: Guilford Press, pp. 137-160. Wright D. B. & Loftus, E. F. (1998). How misinformation alters memories. Journal of Experimental Child Psychology, 71, 155-164. Lilienfeld, S.O. & Loftus, E.F. (1998) Repressed memories and World War II: Some cautionary notes. Professional Psychology: Research and Practice, 29, 471-475. Paddock, J.R., Joseph, A.L., Chan, F.M., Terranova, S., Manning, C., & Loftus, E.F (1998). When guided visualization procedures may backfire: Imagination inflation and predicting individual differences in suggestibility. Applied Cognitive Psychology, 12, S63-S75. (Special Issue) Billings, F.J. & Loftus, E.F. (1998) Havikuach al hazikaron hamudchak: Mishpatim umechkarim chadashim (The repressed memory controversy: recent court cases and recent research). Psychologia, 7, 24-32 (in Hebrew). Hyman, I.E. Jr & Loftus, E.F. (1998) Errors in autobiographical memory. Clinical Psychology Review, 18, 933-947. Alpert, J.L., Brown, L.S., Ceci, S.J., Courtois, C.A., Loftus, E.F., & Ornstein, P.A. (1998) Final conclusions of the American Psychological Association Working Group on Investigation of memories of Childhood Abuse, Psychology, Public Policy, and Law, 4, 933-940. Ornstein, P.A., Ceci, S.J., & Loftus, E.F. (1998) Adult recollections of childhood abuse: Cognitive and Developmental Perspectives. Psychology, Public Policy, and Law, 4, 1025-1051. (See also other commentaries & replies by Ornstein, Ceci, & Loftus in the same issue.) Loftus, E., Joslyn, S., & Polage, D. (1998) Repression: A mistaken impression? Development & Psychopathology, 10, 781-792. 1999 Feldman, J.J., Miyamoto, J., & Loftus, E.F. (1999) Are actions regretted more than inactions? Organizational Behavior and Human Decision Processes, 78, 232-255. Wright, D.B. & Loftus, E.F. (1999) Measuring dissociation: Comparison of alternative forms of the dissociative experiences scale. American Journal of Psychology, 112, 497-519. Mazzoni, G.A.L., Lombardo, P., Malvagia, S., & Loftus, E.F. (1999) Dream interpretation and false beliefs. Professional Psychology: Research and Practice, 30, 45-50. Mazzoni, G.A.L., Loftus, E.F., Seitz, A., & Lynn, S.J. (1999) Changing beliefs and memories through dream interpretation. Applied Cognitive Psychology, 13, 125-144. Mazzoni, G. A. L., Vannucci, M., & Loftus, E. F. (1999). Misremembering story material. Legal and Criminological Psychology, 4, 93-110.

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Paddock, J.R., Noel, M., Terranova, S., Eber, H.W., Manning, C., & Loftus, E.F. (1999). Imagination inflation and the perils of guided visualization. Journal of Psychology, 133, 581-595. Loftus, E.F. & Polage, D.C. (1999) Repressed memories: When are they real? How are they false? The Psychiatric Clinics of North America, 22, 61-71. (P. Resnick, Guest ed). Loftus, E.F. (1999) Lost in the mall: Misrepresentations and misunderstandings. Ethics & Behavior, 9, 51-60. Garry, M., Frame, S., & Loftus, E.F. (1999) Lie down and let me tell you about your childhood. In S. Della Sala (Ed) Mind myths: Exploring popular assumptions about the mind and brain. Chichester, England & NY: Wiley. 113-124. Loftus, E.F. & Doyle, J.M. (1999) Eyewitness Testimony: Civil and Criminal, 1999. Cumulative Supplement. Charlottesville, VA: Lexis Law Publishing, 1-33. 2000 Busey, T.A., Tunnicliff, J., Loftus, G.R., & Loftus, E.F. (2000) Accounts of the confidence-accuracy relation in recognition memory. Psychonomic Bulletin and Review, 7, 26-48. Loftus, E.F. (2000). Remembering What Never Happened. E. Tulving (Ed.), Memory, Consciousness, and the Brain: The Tallinn Conference. Philadelphia: Psychology Press, 106-118. Tsai, A., Loftus, E.F., & Polage, D. (2000) Current Directions in False Memory Research. In Bjorklund, D. (Ed.) False-Memory Creation in Children and Adults. Mahwah, NJ: Erlbaum, 31-44. Loftus, E.F. (2000) Suggestion, imagination, and the transformation of reality. In A.A. Stone, J.S. Turkkan, C.A. Bachrach, J.B. Jobe, H.S. Kurtzman, & V.S. Cain (Eds) The Science of Self-Report. Mahwah, NJ: Erlbaum, 201-210. Calvin, W. H. & Loftus, E.F. (2000, April) The poet as brain mechanic: A 2050 version of physics for poets. Global Business Network Bulletin, p.1-5. Loftus, E. L. and Castelle, G. (2000) Crashing Memories in Legal Cases. In P.J. van Koppen & N.H.M. Roos (Eds). Rationality, Information and Progress in Law and Psychology. Maastricht: Maastricht University Press. p. 115-127 Loftus, E.F. (2000) The most dangerous book. Psychology Today, 33, p 32-35, 84 2001 Mazzoni, G.A.L., Loftus, E.F., Kirsch, I. (2001) Changing beliefs about implausible autobiographical events. Journal of Experimental Psychology: Applied, 7 (1), 51-59 Wright, D.B., Loftus, E.F. & Hall, M. (2001) Now you see it; Now you don’t; Inhibiting recall and recognition of scenes. Applied Cognitive Psychology, 15, 471-482. Castelle, G. & Loftus, E.F. (2001) Misinformation and wrongful convictions. In S.D. Westervelt & J.A. Humphrey (Eds). Wrongly Convicted: Perspectives on failed justice. New Brunswick, NJ: Rutgers University Press, p 17-35 Hoffman, H.G., Granhag, P.A., Kwong See, S.T. & Loftus, E.F. (2001). Social influences on reality monitoring decisions. Memory & Cognition, 29, 394-404. Joslyn, S., & Loftus, E.F. , McNoughton, A., & Powers, J. (2001) Memory for memory. Memory and Cognition. 29, 789-797. Loftus, E.F. & Calvin, W.C. (2001, April) Memory’s future. Psychology Today, 34, p 55-58, 83. Loftus, E.F. (2001) Imagining the past. The Psychologist, 14, 584-587. Davis, D., Loftus, E.F., & Follette, W.C. (2001) How, when, and whether to use informed consent for recovered memory therapy. Journal of American Academy of Psychiatry and the Law, Vol. 29, (2), p. 148-159 Loftus, E. F. (2001) When scientific evidence in the enemy. Skeptical Inquirer, 25, #6, p 14-15 Loftus, E.F. & Garry, M. (2001, Aug 31) Disneyland with the Queen? I recall it well. The Times Higher Education Supplement, p. 22-23. Garry, M., Rader, M., & Loftus, E.F. (2001) Classic and contemporary studies on the impact of misleading information. Watanabe, Yasui; Ichinose, Keiichiro, Itsukushima, Yukio, & Hamada, Sumio (Eds) The study of eyewitness testimony: Seeking for the bridge between law and psychology. Tokyo: Kitaohji publishers, p. 185-200. (Chapter published in Japanese). 2002

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Loftus, E.F. (2002) Memory faults and fixes. Issues in Science and Technology (Publication of the National Academies of Science), 18, # 4, pp 41-50. (Selection for:: The Best American Science and Nature Writing , (2003) Richard Dawkins, guest editor; Tim Folger, series editor. NY: Houghton Mifflin --Reprinted in Roesch, R. & Gagnon, N. (Eds) (2007) Psychology and law. Hampshire, UK: Ashgate. Hyman, I.E., & Loftus, E.F. (2002) False childhood memories and Eyewitness Memory Errors. In M. L. Eisen, J. A. Quas & G.S. Goodman, (Eds). Memory and Suggestibility in the Forensic Interview. Mahwah, NJ: Erlbaum, p 63-84 Thomas, A.K. & Loftus, E.F. (2002) Creating bizarre false memories through imagination, Memory & Cognition, 30, 423-431. Braun, K.A., Ellis, R. & Loftus, E.F. (2002) Make My Memory: How Advertising Can Change Our Memories of the Past. Psychology and Marketing, 19, 1-23. Bernstein, D. M., Whittlesea, B. W.A. & Loftus, E. F. (2002) Increasing confidence in remote autobiographical memory and general knowledge: Extensions of the revelation effect, Memory & Cognition, 30, 432-438. Pickrell, J. & Loftus, E.F. (2002) Balancing with the players stacked against you. Applied Cognitive Psychology, 16, 365-366 (Book Review). Loftus, E.F. & Guyer, M. (2002) Who Abused Jane Doe?: The Hazards of the Single Case History. Skeptical Inquirer. Part I. Vol 26, #3 (May/June), Pp. 24-32. Loftus, E. F. & Guyer, M. J. (2002) Who Abused Jane Doe? Part II. Skeptical Inquirer, 26, #4 (July/Aug), p. 37-40, 44. Garry, M., Sharman, S.J., Feldman, J. Marlatt, G.A., & Loftus, E.F.. (2002). Examining memory for heterosexual college students’ sexual experiences using an electronic mail diary. Health Psychology. 21, 6, 629-634 Loftus, E.F. (2002) Dear Mother Psychology Today Magazine, vol. 35, p 68-70 Loftus, E.F. & Davis, D. (2002) Dispatch from the Repressed-memory legal front. Psychiatric Times, vol. XIX, p 44-45, 50-51. Kanter,J. W., Kohlenberg, R. J., and Loftus, E. F. (2002). Demand Characteristics, Treatment Rationales, and Cognitive Therapy for Depression. Prevention and Treatment., 5, Article 41. Available at http://journals.apa.org/prevention/volume5/pre0050041c.html van de Wetering, S., Bernstein, D.M., & Loftus, E.F. (2002) Public education against false memories: A modest proposal. Cognitive Technology, 2, #2, p 4-7. Bernstein, D.M. & Loftus, E.F. (2002) Lingering difficulties distinguishing true from false memories. Neuro-Psychoanalysis, 4, #2, p 139-141. 2003 Loftus, E.F. (2003) Our changeable memories: Legal and practical implications. Nature Reviews: Neuroscience, 4, 231-234. Loftus, E.F. (2003) Make-believe Memories. American Psychologist, 58, 864-873, Loftus, E. F. (2003) The Dangers of Memory. In R.J. Sternberg (Ed). Psychologists Defying the Crowd. Washington, D.C. American Psychological Association Press. Pp. 105-117. Loftus, E. F. (2003) Memory in Canadian Courts of Law. Canadian Psychology, 44, 207-212. Lynn, S. J., Lock, T., Loftus, E.F., Krackow, E., & Lilienfeld, S.O. (2003) The Remembrance of Things Past: Problematic Memory Recovery Techniques in Psychotherapy. In S.O. Lilienfeld, J.M. Lohr, & S.J. Lynn (Eds) Science and Pseudoscience in Clinical Psychology. NY; Guilford. pp 205-239. Loftus, E.F. & Doyle, J.M. (2003) Eyewitness Testimony: Civil and Criminal. 2003 Cumulative Supplement. Charlottesville, VA: Lexis Law Publishing, 1-40.. Loftus, E.F. (2003) False memory. In Nadel, L. (Ed). Encyclopedia of Cognitive Science. Vol 2. London: Nature Publishing Group., p 120-125. Thomas, A. K., Bulevich, J. B., & Loftus, E.F. (2003) Exploring the role of repetition and sensory elaboration in the imagination inflation effect. Memory & Cognition 31, 630- 640. Nourkova, V.V., Bernstein D.M., & Loftus, E.F. (2003) Echo of explosions: Comparative analysis of recollections about the terrorists attacks in 1999 (Moscow) and 2001 (New York City). Psychological Journal, 24, #1, 64-72 (Published in Russian: PSIKHOLOGICHESKII ZHURNAL 24 (1): 64-72 JAN-FEB 2003).

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Bernstein, D.M. & Loftus, E.F. (2003) Reconstructive Memory. J.H. Byrne (Ed.) Learning and Memory, 2nd Edition (MacMillan Psychology Reference Series). New York: MacMillan, p 558-561. Wells, G. L. & Loftus, E.F. (2003). Eyewitness memory for people and events. A. M. Goldstein (Ed.) Handbook of Psychology. Vol 11 Forensic Psychology (I.B. Weiner, Editor-in-Chief). New York: John Wiley & Sons, pp 149-160 Lynn, S. J., Loftus, E. F.,Lilienfeld, S.O. & Lock, T. (2003) Memory Recovery Techniques in Psychotherapy: Problems and Pitfalls. Skeptical Inquirer, 27, 40-46.. Loftus, E.F. (2003, Fall) On science under legal assault. Daedalus (Journal of the American Academy of Arts & Sciences), 132 (4), 84-86. 2004 Loftus, E. F. (2004) Dispatch from the (un) civil memory wars. Lancet, 364, 20-21. Bernstein, D. M., Godfrey, R., Davison, A., & Loftus, E. F. (2004) Conditions affecting the revelation effect for autobiographical memory. Memory & Cognition. 32, 455-462. Loftus, E.F. (2004) Memories of things unseen. Current Directions in Psychological Science, 13, 145-47. Nourkova V.V., Bernstein D.M., Loftus E.F. (2004) Altering traumatic memory. Cognition & Emotion. 18, 575-585. Rosen, G. M., Sageman, M., & Loftus, E.F. (2004) A Historical Note on False Traumatic Memories, Journal of Clinical Psychology. 60, 137-139. Nourkova V.V., Bernstein D.M., Loftus E.F. (2004) Biography becomes autobiography: Distorting the subjective past. American Journal of Psychology 117, 65-80. Lynn, S.J., Knox, J. A., Fassler, O., Lilienfeld, S.O. & Loftus, E.F. (2004) Memory, trauma, and dissociation. In G.M. Rosen (Ed) Posttraumatic stress disorder: Issues and controversies. NY: Wiley, p 163-186 Pickrell, J. E., Bernstein, D. M., & Loftus, E. F. (2004) The Misinformation Effect. In Pohl, R. F. (Ed.). Cognitive illusions: A handbook on fallacies and biases in thinking, judgment, and memory. Hove, UK & NY: Psychology Press., p. 345-361. Loftus, E. F. (2004) The Memory Wars. Science & Spirit. Vol 15, 28-34 Davis, D. and Loftus, E. F. (2004). What’s good for the goose cooks the gander: Inconsistencies between the law and psychology of voluntary intoxication and sexual assault. In W. T. O’Donohue, & E. Lewensky (Eds.) Handbook of Forensic Psychology. Boston: Academic Press (or Amsterdam: Elsevier), p 997-1032 Kanter, J. W., Kohlenberg, R. J. & Loftus, E. F. (2004) Experimental and Psychotherapeutic Demand Characteristics and the Cognitive Therapy Rationale: An Analogue Study. Cognitive Therapy and Research, 28, 229-239. Braun-LaTour, K. A., LaTour, M. S., Pickrell, J. & Loftus, E.F. (2004) How (and When) advertising can influence memory for consumer experience. Journal of Advertising. 33,7-25. Bernstein M. & Loftus, E.F. (2004) Memories, false. In R.L. Gregory (Ed). The Oxford Companion to the Mind, 2nd Edition. Oxford University Press, p 559-560. Tsai, A.C., Morsbach, S.,K. & Loftus, E.F. (2004) In Search of Recovered Memories. In W. T. O’Donohue, Wm. & E. Levensky (Eds,) Handbook of Forensic Psychology. Boston: Academic Press (Amsterdam: Elsevier), p 555-577. Levine, L. J. & Loftus, E. F. (2004) Eyewitness testimony. In Spielberger, C.D. Encyclopedia of Applied Psychology. San Diego: Elsevier Science (USA) Loftus, E. F. (2004) Forward in G.D. Lassiter (Ed) Interrogations, confessions, and entrapment. Kluwer Academic/Plenum Press, p ix-xiii. Garry, M. & Loftus, E.F. (2004) I am Freud’s brain. Skeptical Inquirer, 28,#3, p 16-18. Garry, M. & Loftus, E.F. (2004) Brainstorm in a teacup. The Psychologist, 17, 280-281. Loftus, E.F. & Bernstein, D. M. (2004) Strong memories are made of this. Review of McGaugh’s Memory and Emotion. Trends in Cognitive Sciences. 8, p 199-201. Loftus, E.F. & Cole, S. A. (2004, May 14) Contaminated Evidence. Science, 304, p 959. (Essay) Loftus, E.F. (2004) The devil in confessions. Psychological Science in the Public Interest. 5, i-ii (editorial on The Psychology of Confessions) Loftus, E.F. & Doyle, J.M. (2004) Eyewitness Testimony: Civil and Criminal. 2003 Cumulative 24 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 37 of 57

Supplement. Charlottesville, VA: Lexis Law Publishing, 1-41. 2005 Bernstein, D.M., Laney, C., Morris, E.K. & Loftus, E.F. (2005) False memories about food can lead to food avoidance. Social Cognition, 23, 10-33. Loftus, E. F. (2005) Planting misinformation in the human mind: A 30-year investigation of the malleability of memory. Learning and Memory. 12, 361-366. Bernstein, D.M., Laney, C., Morris, E.K. & Loftus, E.F.(2005) False beliefs about fattening foods can have healthy consequences. Proceedings of the National Academy of Sciences, 102, 13724-13731. Loftus, E.F. & Bernstein, D. M. (2005). Rich False Memories: The Royal Road to Success. In A. F. Healy (Ed) Experimental Cognitive Psychology and its Applications. Washington DC: American Psychological Association Press, p 101-113. Loftus, E.F. (2005) Searching for the neurobiology of the misinformation effect Learning & Memory., 12, 1-2. Gerrie, M.P., Garry, M., & Loftus, E.F. (2005) False memories. In Brewer, N. & Williams, K.D. (Eds) Psychology and law: An empirical perspective. NY: Guilford, p 222-253. van de Wetering, S., Bernstein, D.M., & Loftus, E.F. (2005) Advertising as information or misinformation? Cognitive Technology. 10, 24-28 Loftus, E. F. (2005) The malleability of memory. In H. Minkowich (Ed) Neuroscientific and Psychoanalytic perspectives on memory. London: International Neuro-Psychoanalysis Society, p 55-71. Loftus, E.F. (2005) Distortions of memory and the role of time. In A-N Perret-Clermont (Ed.) Thinking Time: A Multipdisciplinary perspective on time. Gottingen, Germany: Hogrefe & Huber Publishers. p 39-44. Laney, C. & Loftus, E.F. (2005) Traumatic memories are not necessarily accurate memories. Canadian Journal of Psychiatry, 50, 823-828. Davis, D., & Loftus, E. F. (2005). Age and functioning in the legal system: Perception memory and judgment in victims, witnesses and jurors. In Y. I. Noy & W. Karwowski (Eds.), Handbook of Forensic Human Factors in litigation . (pp. 11-1-11-53). New York: CRC Press. Thomas, A. & Loftus, E.F. (2005) Eyewitness memory: Getting more accurate information. Gazette, 67, #4, p 30-31. (Magazine of the Royal Canadian Mounted Police). Loftus, E.F. & Doyle, J.M. (2005) Eyewitness Testimony: Civil and Criminal. 2004 Cumulative Supplement. Charlottesville, VA: Lexis Law Publishing, 1-51. 2006 Loftus, E.F. & Davis, D (2006) Recovered Memories. Annual Review of Clinical Psychology. 2, 469-498. Schmechel, R.S., O’Toole, T. P., Easterly, C. & Loftus, E.F. (2006) Beyond the Ken: Testing Juror’s Understanding of eyewitness reliability evidence. Jurimetrics Journal, 46, 177-214. Pizarro, D.A., Laney, C., Morris, E.K., & Loftus, E.F. (2006). Ripple effects in memory: Judgments of moral blame can distort memory for events. Memory & Cognition, 34, 550-555. Morris, E.K., Laney, C., Bernstein, D.M., & Loftus, E.F. (2006) Susceptibility to memory distortion: How do we decide it has occurred? American Journal of Psychology. 119, 255-276. Croyle, R.T., Loftus, E.F., & Berger, S.D, Sun, Y, Hart, M., & Gettig, J.. (2006) How Well Do People Recall Risk Factor Test Results? Accuracy and Bias Among Cholesterol Screening Participants Health Psychology, 25, 425-432. Takarangi, M. K. T., Garry, M., & Loftus, E.F. (2006) Dear diary, Is plastic better than paper? I can’t remember. Psychological Methods. 11, 119-122. Davis, D., & Loftus, E.F. (2006) Psychologists in the forensic world. In Donaldson, S. I., Berger, D.E. & Pezdek, K. (Eds.). Applied psychology: New frontiers and rewarding careers. Mahwah, NJ: Erlbaum., p 171-200. Loftus, E.F., Wolchover, D., & Page, D. (2006) Witness Testimony: Psychological, investigative and evidential perspectives. In A. Heaton-Armstrong, E. Shepherd, G. Gudjonsson, & D. Wolchover (Eds) Witness Testimony: Psychological, Investigative and Evidential Perspectives. Oxford, Eng: Oxford University Press, 7-22. Braun-LaTour, K.A., LaTour, M.S. & Loftus, E.F. (2006) Is that a finger in my chili?: Using affective advertising for postcrisis brand repair. Cornell Hotel & Restaurant Administration Quarterly, 47, 2, 106-120. Braun-LaTour, K. A., Grinley, M., & Loftus, E.F. (2006) Tourist memory distortion. Journal of Travel Research, 44, 360-367. 25 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 38 of 57

Garry, M. & Loftus, E.F. (2006) Reading into the soul of science. The General Psychologist, 41, #2, 11- 12 (Essay). Hayne, H., Garry, M. & Loftus, E.F. (2006) On the Continuing Lack of Scientific Evidence for Repression. Behavioral and Brain Sciences, 29, 521-522. Loftus, E.F. & Doyle, J.M. (2006) Eyewitness Testimony: Civil and Criminal. 2005 Cumulative Supplement. Charlottesville, VA: Lexis Law Publishing, 1-55. 2007 Thomas, A.K., Hannula, D.E. & Loftus, E. F. (2007) How self-relevant imagination affects memory for behaviour. Applied Cognitive Psychology., 21, 69-86. Morgan, C. A. III, Hazlett, G., Baranoski, M., Doran, A., Southwick, S., & Loftus, E.F. (2007) Accuracy of eyewitness identification is significantly associated with performance on a standardized test of face recognition. International Journal of Law & Psychiatry, 30, 213-223. Loftus, E. F. (2007) Elizabeth F. Loftus (Autobiography) In Lindzey, G. & Runyan, W. M. (Eds) History of Psychology in Autobiography Vol. IX Washington, DC: American Psychological Association Press. p 198-227. Wade, K.A., Sharman, S.J., Garry, M., Memon, A., Mazzoni, G., Merckelbach, H., & Loftus, E.F. (2007) False claims about false memory research. Consciousness & Cognition, 16, 18-28. Sacchi, D. L. M., Agnoli, F. & Loftus, E.F. (2007) Changing history: Doctored photographs affect memory for past public events. Applied Cognitive Psychology., 21, 1005-1022. Davis, D. & Loftus, E.F. (2007) Internal and external sources of misinformation in adult witness memory. In M.P. Toglia, J.D. Read, D.F. Ross, & R.C.L. Lindsay (Eds). Handbook of eyewitness psychology (Vol l). Memory for events. Mahwah, NJ: Erlbaum. p 195-237. Loftus, E.F. & Cahill, L. (2007) Memory distortion: From misinformation to rich false memory. In Nairne, J.S. (Ed.) The Foundations of Remembering: Essays in honor of Henry L. Roediger, III. New York: Psychology Press. p 413-425. Clark, S.E. & Loftus, E. F. (2007) In Greene, J. (Ed.) Eyewitness Evidence. Encyclopedia of Police Science, 3rd edition. p 491-495. NY: Routledge, Loftus, E. F. (2007) Forgetting: The fate of once learned, but “forgotten”, material.. In H.L. Roediger, Y. Dudai, & S. M. Fitzpatrick (Eds) Science of Memory: Concepts. NY: Oxford University Press, 321-324. Loftus, E. F. (2007) Memory Distortions: Problems Solved and Unsolved. In Garry, M. & Hayne, H (Eds). Do Justice and Let the Skies Fall: Elizabeth Loftus and her contributions to science, law and academic freedom. Mahwah, NJ: Lawrence Erlbaum Associates, p 1-14. Clifasefi, S.L., Garry, M., & Loftus, E.F. (2007) Setting the record (or video camera) straight on memory: the video camera model of memory and other memory myths. In S. Della Sala (Ed) Tall tales about the mind and brain. Oxford, England & NY: Oxford University Press., p 60-75. . Garry, M. & Loftus, E.F. (2007) Repressed memory. In Clark, D.S. (Ed) Encyclopedia of Law and Society. Thousand Oaks, Ca.: Sage Publishers. p. 1307-1309. Loftus, E. F. & Steinberg, R.L. (2007, March 9). If memory serves. Wall Street Journal, p. A14.(Op-ed) 2008 Laney, C. & Loftus, E.F. (2008) Emotional content of true and false memories. Memory, 16, 500-516. Geraerts, E., Bernstein, D.M., Merckelbach, H., Linders, C.,, Raymaekers, L., & Loftus, E.F. (2008) Lasting false beliefs and their behavioral consequences. Psychological Science, 19, 749-753 Sharman, S. J., Garry, M., Jacobson, J.A., Loftus, E. F. & Ditto, P.H. (2008) False memories for end- of-life decisions. Health Psychology. 27, 291-296. Laney, C., Fowler, N.B., Nelson, K.J., Bernstein, D. M.& Loftus, EF. (2008) The persistence of false beliefs. Acta Psychologica 129, 190-197 Berkowitz, S.R., Laney, C., Morris, E.K., Garry, M., & Loftus, E. F. (2008) Pluto Behaving Badly: False beliefs and their consequences. American Journal of Psychology. 121, 643-660. Wright, D. & Loftus, E.F. (2008) Eyewitness Memory. In Cohen, G. and Conway, M.A. (Eds) Memory in the Real World, 3rd Edition. Hove and New York: Psychology Press., p 91-106. Laney, C., Kaasa, S. O., Morris, E.K., Berkowitz, S.R., Bernstein, D.M.. & Loftus, E.F. (2008) The Red Herring technique: A methodological response to the problem of demand characteristics. Psychological Research. 72, 362-375. Laney, C., Morris, E.K., Bernstein, D.M., Wakefield, B.M., & Loftus, E.F. (2008) Asparagus, a love story: Healthier eating could be just a false memory away. Experimental Psychology. 55, 291-300. Davis, D., Loftus, E.F., Vanous, S., & Cucciare, M. (2008) “Unconscious Transference” can be an

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Instance of “Change Blindness.” Applied Cognitive Psychology. 22, 605-623. Loftus, E.F. (2008) Gordon & Me. In Gluck, M.A.., Anderson, J.R. & Kosslyn, S M.., (Eds.) Memory and Mind: A Festschrift for Gordon H. Bower. New York:: Lawrence Erlbaum Associates. p 49-58. Loftus, E.F. (2008) Graduate School: Advice for all times. In Amanda C. Kracen & Ian J. Wallace (Eds) Applying to Graduate School in Psychology. p 51-54. Washington, DC: American Psychological Association Press. Loftus, E.F. (2008, May) Perils of Provocative Scholarship. Observer (Publication of Association for Psychological Science), Vol 21, #5. 13-15. (with G. Geis). Loftus, E.F. , Garry, M., & Hayne, H. (2008) Repressed and recovered memory. E. Borgida & S.T. Fiske (Eds.) Beyond Common Sense: Psychological Science in the Courtroom Oxford, UK & Malden, Ma.: Blackwell Publishing, p 177-194. Loftus, E.F. & Fries, J. (2008). The Potential Perils of Informed Consent. McGill Journal of Medicine,, 11, 217-218. Takarangi, M.K.T., Polaschek, D.L.L., Garry, M., & Loftus, E.F. (2008) Psychological science, victim advocates, and the problem of recovered memories. International Review of Victimology., 15, 147-163. Loftus, E.F. (2008, October) Characters. Special Issue. Psychology Today, #2, p,. 5 (published in Polish as Charaktery. Wydanie specjalne. Psychologia Dzia) - Essay Loftus, E.F., Doyle, J.M. & Dysart, J.E. (2008) Eyewitness Testimony: Civil and Criminal. 2008 Cumulative Supplement. Charlottesville, VA: Lexis Law Publishing, 1-25. Loftus, E. (2008). Crimes da memoria: memorias falsas e justice social. In A.C. Fonseca (ed.). Psicologia e justice (pp. 331-339). Coimbra: Nova Almedina (published in Portuguese) Kaasa, S..O. & Loftus, E.F. (2008). False memories. In Frederick T. Leong (Ed). Encyclopedia of Counseling. Thousand Oaks, Ca: Sage, p 161-163. Fowler, N.B., Nelson, K.J. & Loftus, E.F. (2008) Repressed and recovered memories. In Cutler, B. L. (Ed), Encyclopedia of Psychology and Law. Volume 2, p 688-691, Thousand Oaks, Ca.,: Sage. Bernstein, D.M., Nourkova, V., & Loftus, E.F. (2008). From individual memories to oral history. In A.M. Columbus (Ed.). Advances in Psychology Research. vol 54, Hauppauge, NY: Nova Science Publishers. pp. 157-181. 2009 Bernstein, D.M. & Loftus, E.F. (2009) The consequences of false memories for food preferences and choices. Perspectives on Psychological Science, 4, 135-139. Peterson, T., Kaasa, S.,O. & Loftus, E.F. (2009). Me too! : Social Modeling Influences on Early Autobiographical Memories. Applied Cognitive Psychology. 23, 267-277. Geis, G. & Loftus, E. F. (2009) Taus v. Loftus: Determining the Legal Ground Rules for Scholarly Inquiry. Journal of Forensic Psychology Practice. 9, 147-162. Bernstein, D.M., Rudd, M. E., Erdfelder, E., Godfrey, R., & Loftus, E.F. (2009) The revelation effect for autobiographical memory: A mixture-model analysis. Psychonomic Bulletin & Review, 16 (3), 463-468 Bernstein, D. M. & Loftus, E. F. (2009) How to tell if a particular memory is true or false. Perspectives on Psychological Science, 4, 370-374. Bernstein, D.M., Godfrey, R.D., & Loftus, E.F. (2009). False Memories: Plausibility and autobiographical belief. In K. Markman, W. Klein, & J. Suhr (Eds.). Handbook of Imagination and Mental Simulation. : Psychology Press. p. 89-102 Davis, D., & Loftus, E.F. (2009) The Scientific Status of “Repressed” and “Recovered” Memories of Sexual Abuse Skeem, J.S., Douglas, K.S., & Lilienfeld, S.O. (Eds). Psychological Science and Non- science in the Courtroom. New York: Guilford. P 55-79. French, L., Garry, M., & Loftus, E. F. (2009) False Memories: A kind of confabulation in non-clinical subjects. In Hirstein, W. (Ed.) Confabulation: Views from Neuroscience, Psychiatry, Psychology, Neurology, and Philosophy. Oxford, Oxford University Press. P 35-68. Davis, D. & Loftus, E.F. (2009) Expectancies, emotion and memory reports of visual events: In J. R. Brockmole (Ed.), The Visual World in Memory.. Hove & NY: Psychology Press, p 178-214. Laney, C. & Loftus, E.F. (2009) Eyewitness memory. In R.N. Kocsis (Ed). Applied Criminal Psychology: A guide to forensic behavioral sciences (pp. 121-145). Springfield, IL: Charles C. Thomas Publishers. Laney, C. & Loftus, E.F. (2009) Memory, Distortions of. In Bayne, T., Cleeremans, A., & Wilken, P., (Eds) The Oxford Companion to Consciousness. (p 426-27) Oxford University Press.

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Bernstein, D.M. & Loftus, E.F. (2009) Memory distortion. In M.D. Binder, N. Hirokawa, & U. Windhorst (Eds). The encyclopedia of neuroscience. Springer_Verlag, GmbH Berlin Heidelberg (pp 2325-2328). DOI: 10.1007/978-3-540-29678-2_3415. Peterson, T. & Loftus, E.F. (2009) Memory: Reconstructive. In A. Jamieson & A. Moenssens (Eds) Wiley Encyclopedia of Forensic Science. Chichester, UK: Wiley. p 1709-1712 Nelson, K.J., Bowman-Fowler, N., Berkowitz, S. R., & Loftus, E.F. (2009) Eyewitness Testimony. In A. Jamieson & A. Moenssens (Eds) Wiley Encyclopedia of Forensic Science. Chichester, UK: Wiley. P 1075-1079. DOI: 10.1002/9780470061589.fsa264 Loftus, E. F. (2009) Forward to Munsterberg’s On The Witness Stand. (Reissued in Classics in Psychology) Greentop, Mo: Greentop Academic Press, p. 7-11. Peterson, T. & Loftus, E.F. (2009) Reconstructive Memory. In Matsumoto, D. (Ed.) The Cambridge Dictionary of Psychology. (p 428-429) Cambridge University Press., Bowman-Fowler, N., Nelson, K. J., & Loftus, E. F., (2009). Memory: Repressed, In A. Jamieson & A. Moenssens (Eds) Wiley Encyclopedia of Forensic Science. Chichester, UK: Wiley p 1712-1716 Loftus, E.F., Doyle, J.M. & Dysart, J.E. (2009) Eyewitness Testimony: Civil and Criminal. 2009 Cumulative Supplement. Charlottesville, VA: Lexis Law Publishing. 2010 Zhu, B., Chen, C., Loftus, E.F., Lin, C., He, Q., Chen, C, Li, H., Xue, G., Lu, Z., Dong, Q. (2010) Individual differences in false memory from misinformation: Cognitive Factors. Memory. 18, 543-555. Stark., C.E.L., Okado, Y., & Loftus, E.F. (2010) Imaging the reconstruction of true and false memories using sensory reactivation and the misinformation paradigms. Learning and Memory, 17, 485-488. Zhu, B., Chen, C., Loftus, E.F. , Lin, C & Dong, Q. (2010) Treat and Trick: A new way to increase false memory. Applied Cognitive Psychology, 24, 1199-1208. Goodman-Delahunty, J., Granhag, P.A., Hartwig, M. & Loftus, E.F. (2010) Insightful or wishful: Lawyers’ ability to predict case outcomes. Psychology, Public Policy, & Law, 16, 133-157. Zhu, B., Chen, C., Loftus, E.F., Lin, C, He Q., Chen, C., Moyzis, R..K., Lessard, J., Dong, Q. (2010) Individual differences in false memory from misinformation: Personality characteristics and their interactions with cognitive abilities. Personality and Individual Differences. 48, 889-894. Loftus, E.F. (2010) Foreward to Granhag,P.A. (Ed.) Forensic Psychology in Context: Nordic and international approaches. Pp. xv- xvi. Cullompton, Devon, UK: Willan Publishing. Laney, C., & Loftus, E.F. (2010). Change blindness and eyewitness testimony. In G. M. Davies & D. B. Wright (Eds.), Current Issues in Applied Memory Research. NY: Psychology Press, p 142-159. Loftus, E.F. & Frenda, S.J. (2010) Bad theories can harm victims: Review of Susan A. Clancy’s “The Trauma Myth, Basic Books, 2010. Science, 327, 1329-1330. Laney, C., & Loftus, E.F. (2010). False memory. In J. M. Brown & E.A. Campbell (Eds.), The Cambridge handbook of forensic psychology (pp. 187-194). NY: Cambridge University Press. Laney, C.& Loftus, E.F. (2010) Truth in emotional memories. In B.H. Bornstein & R.L. Wiener (Eds.) Emotion and the law: Psychological perspectives. NY: Springer. (Also Nebraska Symposium on Motivation. 56, 157-183) Loftus, E.F. (2010) Catching Liars. (Editorial) Psychological Science in the Public Interest, 11, 87-88. Steblay, N., & Loftus, E.F. (2010). Eyewitness memory. In Goldstein, E.B. (Ed) Encyclopedia of Perception. Thousand Oaks, Ca: Sage. Loftus, E.F. (2010) Why parapsychology is not yet ready for prime time. Afterword for Krippner, S., Friedman, H.L. Debating psychic experience: Human potential or human illusion. (Pp. 211-214) Santa Barbara, Ca: Praeger. Loftus, E.F., Doyle, J.M. & Dysart, J.E. (2010) Eyewitness Testimony: Civil and Criminal. 2010 Cumulative Supplement. Charlottesville, VA: Lexis Law Publishing. 2011 Nelson, K.J., Laney, C., Bowman-Fowler, N.,Knowles, E., Davis, D., & Loftus, E.F. (2011) Change blindness can cause mistaken eyewitness identification. Legal and Criminological Psychology. 16, 62- 74. Kaasa, S.O., Morris, E.K.., & Loftus, E.F. (2011) Remembering Why: Can people consistently recall reasons for their behavior? Applied Cognitive Psychology. 25, 35-42. Loftus, E. F. (2011) Intelligence gathering post 9/11. American Psychologist. 66,, 532-541. Frenda, S.J., Nichols, R.M., & Loftus, E.F. (2011) Current issues and advances in misinformation

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research. Current Directions in Psychological Science, 20, 20-23. Loftus, E. F. (2011) Crimes of Memory: False Memories and Societal Justice. In M.A. Gernsbacher, R. W. Pew, L. M. Hough, & J. R. Pomerantz (Eds). Psychology and the Real World: Essays illustrating fundamental contributions to society. pp. 83-88. New York: Worth Publishers. Newman, E.J., Berkowitz, S.R., Nelson, K.J., Garry, M., & Loftus, E.F. (2011) Attitudes about memory dampening drugs depend on context and country. Applied Cognitive Psychology, 25, 675-681. Mantonakis, A., Bernstein, D.M., & Loftus, E.F. (2011). Attributions of Fluency: Familiarity, Preference, and the Senses. In P.A. Higham & J.P. Leboe (Eds). Constructions of Remembering and Metacognition. Essays in Honour of Bruce Whittlesea,. Hampshire, England: Palgrave MacMillan, p 40-50. Laney, C., & Loftus, E. (2011). Eyewitness Testimony. Oxford Bibliographies Online: Criminology. doi: 10.1093/obo/9780195396607-0086 Loftus, E.F. (2011) How I got started: From semantic memory to expert testimony. Applied Cognitive Psychology, 25, 347-348. Loftus, E.F. (2011, March 5-6) In the Memory Palace. (Review of J. Foer, Moonwalking with Einstein: The Art and Science of Remembering Everything). Wall Street Journal. p C8. Loftus, E.F.& Geis, G. (2011) Collaborating to deter potential public enemies: Social science and the law. Univ of California- Irvine Law Review, 1, 175-186. Bernstein, D.M., Pernat, N., & Loftus, E.F. (2011). The false memory diet: False memories alter food preference. In V.R. Preedy, R.R. Watson, & C.R. Martin (Eds.). Handbook of behavior, food, and nutrition. New York: Springer (pp. 1645-1663). DOI 10.1007/978-0-387-92271-3_107. Loftus, E.F. (2011, September 1) The risk of ill-informed juries. New York Times (Editorial) Loftus, E.F., Doyle, J.M., & Dysart, J.E. (2011) Eyewitness testimony: Civil & Criminal. 2011 Cumulative Supplement, p 1-37. Charlottesville, VA: Lexis Law Publishing, 2012 Zhu, B., Chen, C., Loftus, E.F., He, Q., Chen, C., Lei, X., Lin, C., & Dong, Q. (2012) Brief exposure to misinformation can lead to long-term false memories. Applied Cognitive Psychology, 26, 301- 307. Newman, E.J. & Loftus, E.F. (2012) Clarkian Logic on Trial. Perspectives on Psychological Science, 7, 260-263. Davis, D. & Loftus, E.F. (2012). Inconsistencies Between Law and the Limits of Human Cognition: The Case of Eyewitness Identification. In Nadel, L. & Sinnott-Armstrong, W.P. (Eds) Memory and Law. NY: Oxford Univ. Press., p 29-58. Foster, J.L., Huthwaite, T., Yesberg, J.A., Garry, M., & Loftus, E.F. (2012) Repetition, not number of sources, increases both susceptibility to misinformation and confidence in the accuracy of eyewitnesses. Acta Psychologica. 139, 320-326. Davis, D. & Loftus, E.F. (2012) The dangers of eyewitnesses for the innocent: Learning from the past and projecting into the age of social media. New England Law Review. 46, 769-809. Newman, E.J. & Loftus, E.F. (2012) Updating Ebbinghaus on the Science of Memory, Europe’s Journal of Psychology. 8, 209-216. Foster, J.L., Garry, M.,& Loftus, E.F. (2012) Repeated information in the courtroom. Court Review, 48, 45-47. Loftus, E.F. & Newman, E.J.(2012, December 23). The malleability of memory. U-T San Diego, p. B2 2013 Frenda, S. J., Knowles, E. D., Saletan, W. & Loftus, E.F. (2013) False memories of fabricated political events. Journal of Experimental Social Psychology, 49, 280-286. Schacter, D.L. & Loftus, E.F. (2013) Memory and Law: What can Cognitive Neuroscience contribute? Nature Neuroscience. 16 (2), 119-123. Morgan, C.A., Southwick, S., Steffian, G., Hazlett, G., & Loftus, E.F..(2013) Misinformation can influence memory for recently experienced, highly stressful events. International Journal of Law and Psychiatry. 36, 11-17. http://dx.doi.org/10.1016/j.ijlp.2012.11.002 Loftus, E.F. (2013) Eyewitness testimony in the Lockerbie Bombing case. Memory, 21, 584-590. http://dx.doi.org/10.1080/09658211.2013.774417. Zhu, B., Chen, C., Loftus, E.F., Lin, C., & Dong, Q. (2013) The relationship between DRM and misinformation false memories. Memory and Cognition, 41, 832-838.

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Steblay, N.K. & Loftus, E.F. (2013) Eyewitness Identification and the Legal System. In Shafir, E. (Ed). The Behavioral Foundations of Policy. Princeton University Press, p 145-162 Wells, G. L. & Loftus, E.F. ( 2013). Eyewitness memory for people and events. In R.K. Otto and & I.B. Weiner (Eds) Handbook of Psychology. (2nd Ed., Vol. 11: Forensic psychology) (pp. 617-629). Hoboken, NJ: John Wiley & Sons, Inc. Lappas, S.T. & Loftus, E.F. (2013) The rocky road to reform: State innocence studies and the Pennsylvania story. In C. R. Huff & M. Killias (Eds) Wrongful Convictions and miscarriages of justice. P 309-327. NY: Routledge Loftus, E.F. (2013) Psychological memory science and legal reforms. Association for Psychological Science Observer 26, 10-11. Berkowitz, S.R. & Loftus, E.F. (2013) A skeptical view of repressed memory evidence. California Litigation, 26, 18-23. Mantonakis, A., Wudarzewski, A., Bernstein, D.M., Clifasefi, S.L., & Loftus, E.F. (2013) False beliefs can shape current consumption. Psychology, 4, 302-308. Patihis, L., Tingen, I.W., & Loftus, E.F. (2013) Memory myths. Catalyst: 23 (3), p 6-8. Clifasefi, S.L., Bernstein, D.B., Mantonakis, A. & Loftus, E.F. (2013). “Queasy does it”: False alcohol beliefs and memories lead to diminished alcohol preferences. Acta Psychologica, 143, 14-19. Laney, C. & Loftus, E.F. 2013) Recent advances in false memory research. South African Journal of Psychology, 43, 137-146. Newman, E.J., Klemfuss, J. Z., & Loftus, E.F. (2013) Repressed memories. In McGraw-Hill Yearbook of Science & Technology. p. 321-323. NY: McGraw-Hill Kaasa, S.O., Cauffman, E., Clarke-Stewart, K.A., & Loftus, E.F. (2013) False accusations in an investigative context: Differences between suggestible and non-suggestible witnesses. Behavioral Sciences and the Law, 31, 574-592. Loftus, E. F. (2013) 25 years of Eyewitness Science….Finally Pays off. Perspectives on Psychological Science, 8, 556-557. Zhu, B., Chen, C., Loftus, E.F., Moyzis, R.K., Dong, Q., Lin, C., (2013) True but not false memories are associated with the HTR2A gene. Neurobiology of Learning and Memory. 106, 204-209. Laney, C., & Loftus, E.F. (2013) Eyewitness Testimony and Memory Biases. In Diener, E. & Diener, C. (Eds) (2013) Knowledge Evolved: Psychology Edition. Noba (online textbook: http://nobaproject.com/) Lewandowsky, S., Mann, M.E., Bauld, L., Hastings, G., & Loftus, E.F. (2013, November) The Subterranean War on Science. Association for Psychological Science Observer. Patihis, L., Frenda, S.J., LePort, A.K.R., Petersen, N., Nichols, R.M., Stark, C.E.L., McGaugh, J.L., & Loftus, E.F. (2013) False memories in highly superior autobiographical memory individuals. Proceedings of the National Academy of Sciences., 110, 20947-20952 2014 Patihis, L., Ho, L.Y., Tingen, I.W., Lilienfeld, S.O. & Loftus, E.F. (2014) Are the “Memory Wars” over? A scientist-practioner gap in beliefs about repressed memory. Psychological Science.25, 519- 530. Lynn, S.J., Lilienfeld, S.O., Merckelbach, H., Giesbrecht, T., McNally, R.J., Loftus, E.F., Bruck, M., Garry, M., Malaktaris, A. (2014) The trauma model of dissociation: Inconvenient truths and stubborn fictions. Psychological Bulletin. 140, 896-910. Frenda, S.J., Patihis, L., Loftus, E.F., Lewis, H.C., & Fenn, K.M. (2014) Sleep deprivation and false memories of event details. Psychological Science. 25, 1674-1681. Strange, D. , Dysart, J., & Loftus, E.F. (2014) Why alibi errors are not necessarily evidence of guilt. Zeitschrift fur Psychologie. (Special issue on Applied Memory Research), 222, 82-89. Turgeon, J., Francis, E., & Loftus, E. (2014, Sept-Oct) Crafting model jury instructions for evaluating eyewitness testimony. The Pennsylvania Lawyer, Vol 36, p 49-52.

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Michael, R.B., Braniff, G., Garry, M. & Loftus, E.F. (2014) Thinking about regret: Number of memories and ease of retrieval influence judgments about regret. Psychology of Consciousness: Theory, Research & Practice,1, 329-338.. Patihis, L., Lilienfeld, S.O., Ho, L.Y. & Loftus, E.F. (2014) Unconscious repressed memory is scientifically questionable. Psychological Science, 25, 1967-68 (Commentary) Wylie, L. E., Patihis, L., McCuller, L. L., Davis, D., Brank, E. M., Loftus, E. F., & Bornstein, B. H. (2014). Misinformation effects in older versus younger adults: A meta-analysis and review. In M. P. Toglia, D. F. Ross, J. Pozzulo, & E. Pica (Eds) The Elderly Eyewitness in Court, UK: Taylor & Francis., p 38 -66. Loftus, E.F. (2014, Feb. 14) Unknown: What happened in the attic; Known: memory is malleable. National Law Journal. (opinion) Grady, R.H. & Loftus, E.F. (2014, Dec. 24) (Mis)remembering sexual assault. Daily Journal (op-ed) Loftus, E. F. (2014) Illusions of Memory. In Crangle, C.E., , de la Sienra, A.G., & Longino, H.E. (Eds). Foundations and methods from mathematics to neuroscience: Essays inspired by Patrick Suppes. CSLI Publications., Stanford, Calif. (Center for the Study of Language and Information). p 225-229. Patihis, L., Davis, D., & Loftus, E.F. (2014) Memory. In T.R. Levine (Ed.) Encyclopedia of Deception. Thousand Oaks, Ca: Sage, p 656-658. Patihis, L., Davis, D., & Loftus, E.F. (2014) Repressed memories. In T.R. Levine (Ed.) Encyclopedia of Deception. Thousand Oaks, Ca., Sage, p. 814-817. Newman, E. J., Frenda, S. J., & Loftus, E. F. (2014). False Memories. In Encyclopedia of Criminology and Criminal Justice (pp. 1555-1563). NY: Springer 2015 Loftus, E.F. (2015) Crimes of memory: False Memories and Societal Justice, In M.A. Gernsbacher & J.R. Pomerantz (Eds) Psychology and the Real World. 2nd Ed. NY: Worth, p 87-93. Nichols, R. M., Bogart, D., and Loftus, E. F. (2015). False Memories. In International Encyclopedia nd of Social and Behavioral Sciences 2 Ed. (Vol 8, pp 709-714) Oxford, UK: Elsevier. DOI: 10.1016/B978-0-08-097086-8.51034-4 Berkowitz, S.R., Enright, K., Bowman-Fowler, N., & Loftus, E.F. (2015) Eyewitness Testimony. In A. Jamieson & A.A. Moenssens (Eds) Encyclopedia of Forensic Science. John Wiley: Chichester. DOI: 10.1002/9780470061589.fsa264.pub2 Loftus, E.F., Doyle, J.M., & Dysart, J.E. (2015) Eyewitness testimony: Civil & Criminal. 5th Ed. 2015 Cumulative Supplement, p 1-22. Charlottesville, VA: Lexis Law Publishing, Davis, D. & Loftus, E.F. (2015) Repressed Memories. In R.L. Cautin & S.O. Lilienfeld (Eds) The Encyclopedia of Clinical Psychology. P 1-3 NY: Wiley DOI:10.1002/9781118625392.wbecp270 Cochran, K.J., Bogart, D.F., Peterson, T, & Loftus, E.F. (2015) Memory: Reconstructive. Wiley Encyclopedia of Forensic Science, p 1-5 DOI: 10.1002/9780470061589.fsa607.pub2. Bogart, D.F. & Loftus,E.F. (2015) Memory: Repressed. Wiley Encyclopedia of Forensic Science, p 1- 7. DOI: 10.1002/9780470061589.fsa283.pub2 2016 Patihis, L. & Loftus, E.F. (2016) Crashing Memory 2.0: False memories in adults for an upsetting childhood event. Applied Cognitive Psychology 30, 41-50. DOI: 10.1002/acp.3165 Takarangi, M. K. & Loftus, E.F. (2016) Suggestion, placebos and false memories. In A. Raz & C.S. Harris (Eds) Placebos Talks: Modern perspectives on placebos in society. Oxford Univ Press. p 204- 226. Kaplan, R. L., Van Damme, I., Levine, L.J., & Loftus, E.F. (2016) Emotion and false memory. Emotion Review, 8, 8-13. Laney, C., & Loftus, E.F. (2016) History of forensic interviewing. In O’Donohue, W.T. & Fanetti, M.. (Eds). Forensic Interviews Regarding Child Sexual Abuse – A guide to evidence-based practice. NY Springer. (pp 1-17).

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Davis, D., & Loftus, E.F. (2016) Remembering disputed sexual encounters. Journal of Criminal Law and Criminology, 105, 811-851. Loftus, E.F. (2016) Memory Matters. In Sternberg, R., Fiske, S., Foss, D. (Eds) Scientists Making a Difference. NY: Cambridge University Press., p 136-139. Zhu, B., Chen. C., Loftus, E.F., He, Q., Lei, X., Dong, Q, & Lin, C. (2016) Hippocampal size is related to short-term true and false memory, and right fusiform size is related to long-term true and false memory. Brain Structure & Function, 221, 4045-4057. Loftus, E. F. (2016) Illusions of Memory. Skeptical Inquirer, 40, 22-23. (Honorary Doctorate Acceptance Speech) Frenda, S.J., Berkowitz, S.R., Loftus, E.F., && Fenn, K.M. (2016) Sleep deprivation and false confessions. Proceedings of the National Academy of Sciences, 113, 2047-2050. Cochran, K., Greenspan, R., Bogart, D., & Loftus, E.,F. (2016) Memory Blindness: Altered memory reports lead to distortions in eyewitness memory. Memory & Cognition, 44, 717-726. Berkowitz, S.R.. Frenda, S.J., Loftus, E.F., && Fenn, K.M (2016) Feeling sleepy? You might be at risk of falsely confessing to a crime you did not commit. The Conversation https: theconversation.com Grady, R.H., Butler, B.J. & Loftus, E.F. (2016) What should happen after an officer-involved shooting? Memory concerns in police reporting procedures. Journal of Applied Research in Memory & Cognition, 5, 246-251. Newman, E. J., Frenda, S.J. & Loftus, E.F. (2016) Memory as Reconstructive. In H.L. Miller,Jr.. (Ed) Sage Encyclopedia of Theory in Psychology. (Vol 2, p 545-549) Thousand Oaks, Calif: Sage Loftus, E.F. (2016) To enhance justice: The risk and reward of studying memory. The Humanist (Isaac Asimov Science Award acceptance speech) vol 76, #6, p 29-32. Loftus, E.F., Doyle, J.M., & Dysart, J.E. (2016) Eyewitness testimony: Civil & Criminal. 5th Ed. 2016 Cumulative Supplement, p 1-26. Charlottesville, VA: Lexis Law Publishing, 2017 Loftus, E.F. (2017) Eavesdropping on Memory. Annual Review of Psychology, 68, 1-18. Van Damme, I., Kaplan, R.,L., Levine, L.J., & Loftus, E.F. (2017) Emotion and false memory: How goal-irrelevance can be relevant for what people remember. Memory, 25, 201-213. DOI: 10..1080/09658211.2016.1150489. Berkowitz, S.F. & Loftus, E.F. (2017). Misinformation in the Courtroom. In H. Otgaar & M.L Howe (Eds) Finding the truth in the courtroom. Oxford Univ Press. Laney, C. & Loftus, E.F. (2017) False memories matter. In R. A. Nash & J. Ost (Eds) False and Distorted Memories. NY & London: Routledge., p 143-155. Nash, RA., Wade, K.A., Garry, M., Loftus, E.F., & Ost, J. (2017) Misrepresentations and flawed logic about the prevalence of false memories. Applied Cognitive Psychology, 31, 31-33. Pickrell, J., McDonald, D., Bernstein, D.M., & Loftus, E.F. (2017) Misinformation effect. In R.F. Pohl (Ed) Cognitive Illusions: Intriguing phenomena in thinking, judgment, and memory (2nd ed). Hove, UK: Psychology Press, pp 406-423. Crozier, W., Strange, D., & Loftus, E.F. (2017) Memory errors in alibi generation. Behavioral Sciences & the Law. Loftus, E.F. & Greenspan, R.L. (2017) If I’m certain, is it true? Accuracy and Confidence in eyewitness memory. Psychological Science in the Public Interest, 18, 1-2 Loftus, E.F., Dysart, J.E. & Newirth, K.A. (2017) Eyewitness testimony: Civil & Criminal. 5th Ed. 2017 Cumulative Supplement, p 1-31. Charlottesville, VA: Lexis Law Publishing, Bogart, D. & Loftus, E. (2017) Eyewitness testimony: A US case study. Psychology Review, Vol 23, 7, 2-5 2018 and in press Butler, B. & Loftus, E.F. (2018) Discrepancy detection in the retrieval-enhanced suggestibility paradigm. Memory , 26, 483-493. DOI: 10.1080/09658211.2017.1371193 Cochran, K. J., Greenspan, R. L, Bogart, D. F., & Loftus, E. F. (2018). (Choice)Blind justice: Legal implications of the choice blindness phenomenon. University of California Irvine Law Review.

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Rakoff, J.S. & Loftus, E.F. (in press) The intractability of inaccurate eyewitness identification. Daedalus Patihis, L., Frenda,, S.J., & Loftus, E.F. (in press) False memory tasks do not reliably predict other false memories. Psychology of Consciousness Pena, M.M., Klemfuss, J.Z., Loftus, E.F., & Jafary, A.M. (in press) Source credibility, misinformation and memory. Psychology of Consciousness. Laney, C. & Loftus, E.F. (in press) Eyewitness memory. In R.N. Kocsis (Ed). Applied Criminal Psychology: A guide to forensic behavioral sciences, 2nd ed. Springfield, IL: Charles C. Thomas Publishers Davis, D. & Loftus, E.F. (in press) Eyewitness Science in the 21st Century.. Stevens’ Handbook of Experimental Psychology and Cognitive Neuroscience. Vol 1: Learning and Memory. Wiley Loftus, E.F. (2018) Eyewitness Testimony: An Eyewitness Report. In T. Grisso & S.L. Brodsky (Eds) The Roots of Modern Psychology and Law. Oxford University Press. P31-43. Loftus, E.F. (2018) Eyewitness science and the legal system. Annual Review of Law and Social Science Davis, D. & Loftus, E.F. (in press) Recovered memories. Geddes JR, Andreasen NC and Goodwin GM (Eds). The New Oxford Textbook of Psychiatry 3edn. Oxford University Press, Oxford, UK. (Summer 2019) Patihis, L., Ho, L.Y., Loftus, E.F., & Herrara, M.E. (in press) Memory experts’ beliefs about repressed memory. Memory. Laney, C & Loftus, E. (in press) “False Memory.” In Oxford Bibliographies in Psychology. Ed. Dana S. Dunn. New York: Oxford University Press. Bell, R., Maxcey, A.M., & Loftus, E.F. (in press) Can you correctly report what you saw? Frontiers for Young Minds.

INVITED ADDRESSES 1969 Massachusetts Defenders Committee, Boston Civil Service Commission for the Education Harvard Law School Program in Systematic Analysis, Wash DC 1976 1972. Ohio State University Conference on Formal Aspects of the University of Pittsburgh Cognitive Process, University of Michigan University of Massachusetts, Boston Eastern Verbal Investigator’s League (EVIL), University of Toronto New York McMaster University Wheaton College 1973 University of Utah Johns Hopkins University Brandeis University Harvard University Oklahoma State University Columbia University State University of New York, Buffalo University of Colorado Assn of Trial Lawyers of America (ATLA) Conference on Cognition, Perception, and National College of Advocacy, Reno/Boston Adaptation, University of Minnesota United States Attorneys, Seattle Bell Laboratories Oklahoma County Bar Assn, Oklahoma City Perception Consortium of New York Connecticut Trial Lawyers Assn, Hartford 1974 Judge Advocate General’s School, University of Oregon Charlottesville, Virginia University of Kansas Law Society of Upper Canada, Toronto Washington Defense Counsel, Seattle Florida Bar Assn, Tampa and Miami 1975 Bolt, Beranek & Newman, Cambridge University of Lethbridge Colloquium on New Ways of Analyzing Kansas State University Variation in English, Georgetown University Evergreen State College Defense Advanced Research Projects Agency, University of Wisconsin, Madison New York Lawrence University 1977 Harvard University University of Western Ontario New School for Social Research Bowling Green State University Washington State Trial Lawyers Association, Simon Fraser University Vancouver ATLA, Fifth Circuit Seminar, New Orleans

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New York State Bar Association, New York Montsanto, St. Louis, MO Washington State Patrol, Shelton, WA New York Academy of Sciences Criminal Justice Training Commission Conference on Memory and Amnesia, Seminar, Issaquah, Washington; Seattle Lebanon, NH Advocacy Education Seminar, Burlington VT Conf: Developmental and Experimental ATLA, National College of Advocacy, Reno, Approaches to Human Memory, U. of NV Michigan ATLA, National Convention, Washington, DC 1980 Oregon Criminal Defense Association, Seaside University of Victoria ATLA, First Circuit Seminar, Boston Hamilton College 1978 McGill University Kearney State College, Nebraska Sam Houston State University University of Michigan Trent University (Canada) University of Minnesota University of Toronto Stanford University Washington State University University of California, San Diego Idaho State University North Carolina Academy of Trial Lawyers, University of California, Riverside Charlotte Oklahoma State University Washington State Bar Assn, Continuing Legal University of Missouri, Columbia (3 days) Education, Olympia University of Wisconsin, La Crosse ATLA, Mid-Winter Meeting, Monte Carlo, Nova Scotia Barrister’s Society, Dalhousie Monaco Law School, Halifax 29th Annual Advocacy Institute, University of University of British Columbia Law School, Michigan Vancouver National Institute of Trial Advocacy (NITA), California Public Defenders Assn., Asilomar NW Regional, University of Oregon Tennessee Trial Lawyers Assn, Nashville Federation of Law Societies of Canada, Kansas District Judges Assn Criminal Evidence Program, Toronto Kansas Bar Assn Louisiana Trial Lawyers Assn, New Orleans Hastings Law School ATLA Seminar on Trial Tactics, Camp Washington DC Public Defender’s Office Pendleton, CA Memphis State Trial Lawyers American Judges Association Annual Meeting American Bar Assn/ATLA, Las Vegas SAFECO Insurance Company Continuing Maryland Trial Lawyers Annual Meeting, Education Program Ocean City Law and Society Assn, Univ of Minnesota New York Bar Assn Advocacy Course, New 1979 York City California State University, Chico Hoffmann-LaRoche, Nutley, NJ Carnegie-Mellon University American Institutes of Research, Wash., DC Yale University (one week) Canadian Psychological Association Annual Duke University Meeting, Calgary University of California, Santa Barbara Attention and Performance, IX, Cambridge, California State University, Fullerton England University of California, Berkeley Council for Advancement of Science Writing, State University of New York, Stony Brook Durham Hope College 1981 University of Nebraska, Omaha University of South Florida Canadian Bar Association, Vancouver Northwestern University, Business School Pennsylvania Trial Lawyers Assn, Stanford University Philadelphia & Pittsburgh University of Texas, El Paso Montana Trial Lawyers Assn, Butte Claremont Graduate School West Virginia Trial Lawyers Assn, Charleston University of Illinois National College of Advocacy, Hastings Law Copenhagen University School University of Stockholm Public Defender Office, Santa Clara Cty, CA Federal Defenders Annual Meeting, San Diego Nebraska Assn of Trial Attorneys Oregon Trial Lawyers, Portland Standard Oil (AMOCO Research Center), California Attorneys for Criminal Justice Chicago, Il Hastings Law School, San Francisco

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ABA/ATLA Seminar, Las Vegas Council, Phoenix Northwestern Law School, Chicago Academy of Florida Trial Lawyers, Miami Inner Circle of Advocates, Sun Valley Medical Disciplinary Board, State of Annual Institute, Georgetown University Law Washington Center, Washington, DC The Royal Society, London Professional Institutes Seminar, Puerto Rico American Psychological Assn, Anaheim National College of Juvenile Justice, San Max Planck Institute, West Berlin Francisco American Society of Criminology, Denver S.S.R.C. Conference on Law and Psychology, Merrill Lynch, Palm Springs Oxford, England 1984 Chaucer Club, MRC Applied Psychology University of British Columbia Unit, Cambridge, England University of Toronto British Psychological Society, Guildford, Williams College (IBM Lectureship) England Roanoke College (Fowler Lectureship) AT&T Corporate Security Hebrew University, Jerusalem Chautauqua Institution, Science Week Maryland Bar Association, Baltimore G. Stanley Hall Lecture, APA California Attorneys for Criminal Justice, Los 1982 Angeles Rice University Canadian Bar Assn, Ontario Branch Texas A&M ATLA, Annual Meeting University of Texas, Austin Northwestern Law School Union College Philadelphia Public Defender’s Office SUNY, Plattsburgh Seattle Public Defender’s Office University of Texas, Arlington Nova Scotia Barristers, Halifax James Madison University Science and Public Policy Seminar, University of Virginia Federation, Washington, DC University of Colorado (3 days) California State University Administrators Miami University (Ohio) Conference on Computers & Education Canadian Bar Assn., Alberta Branch, Calgary Continuing Medical Educ, U. of Washington Washington State Judges, Yakima 1985 McGeorge School of Law (High Table) California State University, Long Beach Oklahoma County Bar Vanderbilt/Peabody, Nashville Northwestern Law School North Carolina Psychological Conference, Harvard Law School North Carolina State Georgetown Law School Ohio Wesleyan University Indiana Trial Lawyers Assn Minnesota Psychology Conference West Palm Beach County Bar Creighton University, Nebraska Eastern Psychological Association, Baltimore Florida State University Clover Park Administrators Leiden University, The Netherlands 1983 San Diego Defenders University of Cincinnati New Mexico Trial Lawyers UCLA Tennessee Assn. of Criminal Defense Lawyers Reed College Northwestern Law School San Diego State University Washington Association of Defense Counsel Ohio State University ATLA Criminal Seminar, Houston University of Houston Court Appointed Special Advocate Assn Eastern Washington University Northwest Women’s Law Center Nebraska Wesleyan University (Psychology Colorado Defense Lawyers Association Fair Speaker) American Association of Law Libraries, NY University of Denver University of Bridgeport Law School American Assn of Law Schools, Cincinnati Texas Research Institute, Houston Oregon Trial Lawyers Assn German Psychological Society (Law & Northwestern Law School Psychology Division), Braunschweig, FRG Atlanta Bar Assn Seminar Institute for Perception, TNO, Soesterberg, Washington Assn of Technical Accident The Netherlands Investigators (WATAI) 1986 Arizona Prosecuting Attorneys Advisory SUNY, Stony Brook

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Oregon State University Haverford College University of Michigan (Survey Research) Arizona State University (Psychology University of Maryland Department and Law School) Duke University Rocky Mountain Psychological Assn Johns Hopkins University (Keynote) Judicial Studies Program (California Judges) University of Oregon Michigan Judicial Institute (Michigan Judges) North Carolina Academy of Trial Lawyers, Texas Assn. of Defense Counsel, San Greensboro Francisco Lane County Law Forum, Oregon All-Star Seminar, Atlanta Bar, Atlanta NATO Advanced Study Institute, Maratea, US Census Bureau, Washington, DC Italy Annenberg School of Communication ATLA, Annual Meeting, Kansas City Women and Memory, University of Michigan Northwestern Law School for prosecutors and American Assn. of Public Opinion Res., Wash., DC defense attorneys Federal Judicial Center Cook County Public Defenders Capitol Area Social Psychological Assn International Congress of Psychology, Sydney, Bureau of Labor Statistics Australia (Keynote) Washington DC Public Defenders Medico Legal Society of Queensland, Smithsonian Institute Australia 1987 Brigham Young University Law School University of Nevada, Reno BYU Psychology Department University of North Dakota Baylor University Law School California Judicial Studies University of California, San Diego Harvard Law School University of Washington Law School Duke Law School 1989 University of South Carolina Law School Yale University Law School Annual Joseph Cohen Lectureship, University Yale Psychology Department of Missouri, Kansas City University of Michigan British Psychological Society, Brighton, University of California, San Diego England Northern Kentucky University US Court of Military Appeals Conf, Wash, DC Southern Indiana University, Evansville (Mid- National Academy of Arbitrators, New America Conference, Keynote) Orleans Northwestern Law School Judicial Conference of Washington, DC Western Psychological Association, Reno University of UMEA, Sweden Northwestern Law School for prosecutors and Cleveland-Marshall Law School, Cleveland defense attorneys, Chicago Indiana University Law School, Bloomington American Bar Assn, Litigation Sect, Honolulu Indiana University Psychology Department British Psychological Society, Cognitive Hebrew University, Jerusalem Section, Cambridge, England Cornell University 1990 Washington Assn of Criminal Defense Leiden University, the Netherlands Lawyers Emory University, Flashbulb Memory Tennessee Assn. of Criminal Defense Lawyers Conference Recorder’s Court, Detroit American Bar Association, Satellite Seminar 1988 on Jury Comprehension, Washington, DC California Judicial Studies (Judges) University of West Virginia, Practical Washington Criminal Justice Training Cognition Conference Committee (Police) ABA Litigation Sec, Trial Practice Committee, ATLA, New York Phoenix New York University Annenberg Conference on Selecting Impartial Northwestern Law School Juries, Washington DC Ohio Assn of Criminal Defense Lawyers, University of Pittsburgh Cincinnati Northwestern Law School Baylor University, Waco, Texas (Oral History European Conference on Law & Psychology, & Memory) Nuremberg, Germany Southeastern Louisiana Univ. (Scholar in University of Minnesota Law School Residence) 1991

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National Institute on Teaching of Psychology, Swedish Psychological Association (Keynote Florida Speaker) ABA (American Bar Foundation) Gruter Institute, Squaw Valley Ontario Psychological Association, Toronto Lawrence University (Wisconsin, Convocation Ryerson College, Canada, 11th Annual Speaker) Psychology Lecture FJC Criminal Procedure Seminar for Federal Arkansas Annual Psychology Conference Judges, Palm Beach (Keynote Speaker) 1993 Seattle Rotary McGill University (D.O. Hebb Lecturer) Northwestern University Law School American Psychiatric Assn, San Francisco University of Lethbridge, Canada Law-Psychology Symposium (Keynote Banff Conference on Cognitive Science, Speaker), California State Univ., Fullerton Canada New Mexico Psychological Assn/New Mexico Society of British Columbia, Continuing Legal Trial Lawyers, Santa Fe Education FMS Foundation Conf, Valley Forge, PA Fordham University, NY Young President’s Organization Alumnus Legal Aid Society, NY (YPOA), Seattle AIDS Survey Research Methodology Pacific Northwest Writers, Seattle Conference, Rockville, MD Midwestern Psychological Assn, Chicago Course for prosecuting and defense attorneys, NACDL/ATLA College of Trial Advocacy Northwestern Law Seminar, Las Vegas American Psychological Assn, San Francisco, American Academy of Forensic Psychology, CA Continuing Education, Invited Workshop University of Toronto Mystery Writers of America Ontario Science Centre Colorado Psychological Assn, Aspen Chief Executive Organization Forum, Swiss Memory Psychology Program, Vals, Vancouver Switzerland University of Georgia (Wm. Owens Annual Medical-Legal Society of Toronto Lectureship) American Psychological Association, Invited 8th International Conference on Multiple Presidential Debate, Toronto Personality/Dissociative States (Plenary Midwest Conference on Child Sexual Abuse & Speaker), Chicago Incest, Madison, Wisconsin Federal Bureau of Investigation (FBI), Clark Univ., Conf on Trauma and Memory Washington State 1994 1992 Orrick, Herrington, Sutcliffe Retreat, International Listening Association (Keynote Silverado Speaker) Mercer Island Rotary University of Tennessee, Knoxville Seattle Forensic Institute Mississippi State University Bay State Medical Center, Trauma and Federal Defenders Assn, San Diego Memory Conference, Springfield, MA Reed College University of New Mexico Medical School Portland Community College (Grand Rounds) University of California, Santa Cruz Red River Undergraduate Conference, Fargo, Augustana College, Illinois (Stone Memorial North Dakota (Keynote) Lecture) Leiden University, The Netherlands Canadian Bar Association, Toronto National Association of Criminal Defense University of Toledo Lawyers, Washington, DC NATO Conference, Lucca, Italy Washington Assn of Criminal Defense Criminal Justice Act Seminar (Keynote), San Attorneys Diego University of San Diego, School of Law, CLE Psi Chi/Fredrick Howell Lewis Distinguished Missoula Psychiatric Services, Conference on lecture, APA, Washington DC Law and Psychiatry, Missoula, Montana Grand Rounds, Department of Psychiatry, Mind/Brain/Behavior Program, Memory University of Washington Medical School Distortion Conference, Harvard University Air Force Academy, Colorado Springs Georgia Psychological Assn Continuing Faculty Auxiliary, University of Washington Education, Atlanta University of Stockholm, Sweden Simon Fraser University, (Keynote speaker,

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conference on Memories of Sexual Abuse), the Law, (Invited speaker), Seattle, San Vancouver, Canada Francisco, San Diego 7th Annual Dual Disorder Conference, Council of Appellate Staff Attorneys (ABA Bellevue, Washington Seminar), Blaine, Washington Stanford University, Psychology Colloquium American Academy of Forensic Psychology, Stanford University Medical School, Distinguished Contributions Award address, Department of Psychiatry, Grand Rounds APA annual meeting, New York City American Psychological Society (Teaching University of Pennsylvania Medical School, Institute), Wash. DC Department of Psychiatry (Grand Rounds) Committee for the Scientific Investigation of Assn for Advancement of Behavior Therapy Claims of the Paranormal (CSICOP) Annual meeting, Washington DC (keynote) Psych Methods in the Investigation and Court California Public Defenders Assn, Napa, CA Treatment of Sexual Abuse, Tromso, Beth Israel Hospital, Harvard Medical School, Norway Psychiatry Grand Rounds (honoring F. American Assn of Public Welfare Attorneys, Frankel) Seattle Fourth Annual Conference on Mental Health Japanese Psychological Assn (keynote), Tokyo and the Law, Orlando, Florida Japan Federation of Bar Associations, Tokyo International Society for the Study of University of Colorado, Denver Dissociation, Lake Buena Vista, FL Current Topics in Mental Health & Law, California State University, Humboldt Co., CA Seattle Western Humanities Conference, Santa Criminal Lawyers’ Assn, Toronto Barbara (keynote: Illusions of Memory) Criminal Trial Lawyers Assn, Alberta, Canada Washington State Psychological Association, Johns Hopkins Medical School/FMS Annual meeting (Featured Speaker), Tacoma Foundation Conf on Memory and Reality, American Academy of Psychiatry and the Law Baltimore, Maryland (keynote) (Luncheon keynote: Memory Distortion), 1995 Annual Meeting, Seattle, Washington University of Washington Medical School, Criminal Lawyers Association, Toronto Pain Grand Rounds University of Kansas (Ferne-Fischer-Formann University of California at Los Angeles Lecturer), Lawrence, Kansas American Academy of Forensic Sciences, Judgment & Decision Making Conference, Annual Meeting Annual meeting, Los Angeles (keynote) King County Detectives, Special Assault Unit Adelphi University, Consciousness Symp., University of Pittsburgh Centennial Speaker, Garden City, NY Pennsylvania Conference of State Trial Judges Washington University Medical School, University of California, San Francisco, Psychiatry (Gildea Lecture), St. Louis Department of Psychiatry Grand Rounds 1996 University of Kansas Medical Center Calvin College, The January Series, Grand (Childhood sex abuse and memories Rapids, Michigan conference) University of Calif, Davis, Neuroscience Indiana University, South Bend (keynote to Colloquium commemorate 175th year anniversary of IU) Interval Research Corporation, Palo Alto Rice University, Houston Pacific Sociological Assn , Annual Meeting, Battig Memorial Lecturer, Rocky Mountain Seattle Psychological Assn, Boulder John Hopkins Medical Institute/FMSF, San National Judicial Institute, Seminar for Judges, Diego Winnipeg, Manitoba, Canada Southwestern Psychological Association, University of Illinois, Chicago, Distinguished Annual Meeting, Houston (keynote) Lecture - Midwestern Psychological Assn. Memory Retrieval Controversy Conference, Carnegie Mellon University, 27th annual Trent University, Peterborough, Ontario conference, Pittsburgh Tenth National Conference on Undergraduate National Association of Legal Investigators, Research, University of North Carolina, Annual Convention, Portland Asheville, (keynote) American Psychological Society (Invited American Philosophical Society, Annual speaker), New York Meeting, Philadelphia Charter Behavioral Health System of Dallas NATO International Conf, Recollections of Workshops on Memory, Sexual Trauma & trauma, France (main speaker)

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Second International Conference on Memory, International Women’s Forum, Wash. DC. University of Padova, Italy (keynote) Center for Inquiry--Rockies, Conference on International Conference on Centenary of Gender Politics of Science, Boulder, CO Piaget’s Birth, Universite de Neuchatel, Memory Conference (keynote), Bar Ilan Switzerland University, Israel Grinnell College, Scholars’ Convocation National Child Abuse Def & Resource Center, speaker, Grinnell, Iowa 6th International Conference, Las Vegas, NV University of Texas, Houston, Department of University of Groningen, Groningen, The Psychiatry and Behavioral Sciences Netherlands (Studium Generale) University of California, Riverside, Memory Lecture, Heymans Institute for Fundamental Recovery & Creation Conference (keynote) Psychologic Research, Univ. of Groningen Ohio University, Athens, OH Twente University, Enschede, Netherlands University of South Florida, Sarasota, University of Maastricht, The Netherlands Conference on Child Abuse in Our Time The Whidden Lectures, McMaster University, Seattle Forensic Institute, Conference on Hamilton, Canada Sexual Abuse and its Recollection 1998 National Guild of Hypnotists, Pacific NW Conference on False Memory Creation, Chapter and the Washington Hypnosis Assn Florida Atlantic University, Boca Raton American Psychological Society, Annual Conference on Recovering Repressed meeting, San Francisco (Presidential Memories or Creating False Ones, Florida Symposium speaker) Atlantic Univ. Emory University, Atlanta The Marian Jane Girard Memorial Lecture, University of Texas, Austin Scripps College, CA National Child Abuse Defense & Resource American Psychology-Law Society (Major Center, 5th International Conference, Las invited address), Redondo, CA Vegas, NV Florida Cognition Conference (Keynote Iowa State University, Ames, Iowa speaker), Florida International University Nebraska Psychological Association, Omaha 8th Annual National Symposium on Mental Washington University, St. Louis Health & Law, Miami, FL Exploratorium (Science Museum), San The SPES Society, Naples, FL Francisco University of Michigan -Cognitive Psych National Institute of Health, Conference on Group Self-Report, Bethesda, MD State Bar of Michigan, Litigation Section California Attorneys for Criminal Justice, San (featured guest speaker), Ann Arbor, MI Francisco Washington Association of Criminal Defense 1997 Lawyers Annual Meeting Justice Committee, Conference on “Day of Baldwin-Wallace College, Harrington Visiting Contrition,” Salem, MA Professor (HVP), Ohio National Institute of Health, Conference on National Association of Criminal Defense Undue Influence, Bethesda, MD Lawyers annual meeting, Santa Monica, CA American Association for Advancement of Connecticut Bar Assn, Eyewitness Testimony Science, Annual Meeting & False Memories (Special Guest Speaker), Washington University, St. Louis (Assembly Hartford, CT Speaker) Conference On Memory, Consciousness, Brain University of Arizona (Tulving Conference), Tallinn, Estonia Penn State Univ, Inaugural Herschel W. and Florida Association of Criminal Defense Eileen W.Leibowitz Lecture, Univ Park, PA Lawyers, Marco Island Johns Hopkins University Medical School, Conference on Reconstructing the Past, Baltimore, MD Stockholm, Sweden False Memory Syndrome Foundation Conference on Psychology of Testimony, Conference, Baltimore, MD Portsmouth, England (Keynote) Bradley Univ, Centennial Speaker, Peoria, IL University of Portsmouth, England 1998 American College of Forensic Psychology, Commencement Main Speaker, Vancouver, Canada University of Bristol, Bristol, England Western Psychological Assn, Invited speaker, 2nd World Skeptics Congress, University of Seattle, WA Heidelberg, Germany (Keynote address) National Inst on Drug Abuse, Rockville, MD Paul McReynold’s Lecturer, Univ. of Nevada,

39 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 52 of 57

Reno Child abuse, Las Vegas, NV Conference “Embracing Science in an Ernest Becker Foundation Irrational World”, Center for Inquiry University of North Carolina, Greensboro, Institute, Bellevue, WA Harriet Elliot Lecture Series National Child Abuse Def & Resource Center, Federal Bureau of Investigation, Agents 7th International Conference, Las Vegas, NV Training Conference Conference “Memory & Suggestibility in Indiana Public Defender Council, Indianapolis psychotherapeutic relationships”, 2000 Psychoanalytic Institute, St. Louis, MO Stanford University (Zimbardo Millenium) National Conference On Wrongful University of Northern Colorado, Greeley Convictions, Northwestern University Law Wrongful Conviction Conference, Newport School, Chicago Beach, CA The Exploratorium (Science Museum), San University of North Florida, Jacksonville Francisco California State University, Sacramento 1999 New York Medical College, Westchester, NY Seattle University School of Law, Tacoma Memory and Reality Conference, FMS University of California, Irvine and Irvine Foundation, White Plains, NY Health Foundation Innocence Project Conference, Cavanaugh’s, Ohio Assn of Criminal Defense Lawyers, Seattle, WA Dayton Johnson Memorial Lecture, Minnesota George Fox University, Oregon: Social Psychology Undergraduate Conference, Sciences Conference (Keynote speaker) Macalester College, MN Newberg, OR National Association of Criminal Defense Idaho Neurological Institute, Saint Alphonsus Lawyers (NACDL), Tuscon, AZ Medical Center, Boise, Id Vrije Universiteit (Free University), Idaho Psychological Association, CE, Coeur Amsterdam, Netherlands D’Alene American Psychological Society, Teaching National Legal Aid & Defender Assn, Death Institute, Miami, FL Penalty Conference, Atlanta, GA Oregon Association of Criminal Defense West Virginia Psychology Conference, Lawyers, Bend, OR Marshall University, Huntington,, WV., Columbia University, Department of (Keynote) Psychiatry, Grand Rounds, NY Eastern Psychological Assn, Providence, RI Georgia Indigent Defense Council, Atlanta (Presidential Speaker) New Zealand Psychological Society (keynote), 6th Annual California State Univ. Psychology Hamilton, NZ Research Fair, San Marcos, CA(Keynote) Victoria University, Wellington, New Zealand West Virginia State Bar Assn, Morgantown, University of Otago, Dunedin, NZ WV University of Wisconsin, Parkside New York Skeptics Society, NY (Isaac University of Tennessee Law School, Asimov Lecture Award) Knoxville Northwest Cognition Conference, Victoria, National Child Abuse Def. & Resource Center, B.C. (Keynote) Kansas City Iowa Public Defender’s Annual Meeting, University of Tennessee Psychology Colloq Dubuque, IO Barristers, Solicitors, Psychiatrists: West Virginia Public Defender’s Annual Fitzwilliam hotel, Dublin, Ireland Meeting, Canaan Valley, WV William & Mary LawSchool, Williamsburg, VA Clark County Bar Assn CLE, Las Vegas, NV Psychology Dept, William & Mary College, VA Tennessee Assn of Criminal Defense Lawyers, 2001 Nashville, TN California Public Defenders Association, Palm Indiana University, Bloomington (Patten Springs, CA Lecturer) University of Oklahoma, Norman New Hampshire Public Defender’s National Association of Criminal Defense Association, Manchester Lawyers, Las Vegas Dartmouth University, Hanover (Symposium National Legal Aid and Defender Assn, on the Future of Psychological and Brain Albuquerque, NM Sciences, at dedication of Moore Hall) University of California, Irvine 8th International Conference on Allegations of Science & Technology, Flaschner Judicial

40 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 53 of 57

Institute, Brandeis University National Legal Aid & Defender Assn, Austin, Rochester Inst. of Technology, Rochester, NY TX. New York Academy of Medicine (& Anna Prevent Child Abuse-Orange Cty Orange, CA Freud Centre), New York McGeorge School of Law (Lou Asch George Mason Law School, Institute for Memorial Lecture), Sacramento, CA Judges, Tucson, AZ New Century, Salon Speaker, Newport Beach, Brown University, Harold Schlosberg CA Colloquium Lecturer, Providence, RI Newport Harbor Bar Assn, Newport Beach, Oregon Health Sciences Univ., School of CA Medicine, Portland (Saslow Lecturer) University of Washington Law School, Seattle Ontario Ministry of Health & Mental Health Biola University, La Mirada, CA Center, Penetanguishene, Canada CEO Roundtable, Half Moon Bay, CA Future of Psychopathology, Bar-Ilan Tenth Annual Undergrad Research University, Israel Symposium (keynote), Irvine, CA Superior Court Judges, State of Georgia, St. University of California, San Diego, CA Simons Island, GA (Norman Anderson Endowed Lectureship) Tennessee Assn of Criminal Defense Lawyers, University of Colorado, Festschrift for Bourne, Nashville Kintsch, Landauer, Boulder, CO British Association for Advancement of American Psychological Society (Keynote), Science, Glasgow, Scotland Atlanta British Psych Society, Cognitive Section & Center for Inquiry-West, Inaugural Event European Society of Cog Psych, Edinburgh, keynote speaker, Los Angeles, CA Scotland Society for Applied Research in Memory and University of Michigan, Institute for Social Cognition, Aberdeen, Scotland (keynote) Research European Psychology & Law Conference, Federal Defender Program & Ill. Assn of Edinburgh, Scotland Criminal Defense Lawyers, Chicago American Psychological Association Louisiana State University, (Memory & (Distinguished Award Address), Toronto Narrative), Baton Rouge, Louisiana Texas Tech University, Lubbock, TX University of Portland, Oregon Harbor Ridge Women’s Group, Newport 2002 Beach, CA Cleveland-Marshall Law School, Cleveland, Lifelong Learning Academy, Irvine, CA OH Science and Evidence Conf, City Hall, Irvine SSSS Western Region Conference (key Calif. Attorneys for Criminal Justice, SF, CA invited), Manhattan Beach, CA Harvard Law School, Wrongful Convictions 2004 conf. University of Lusiada, Lisbon, Portugal University of Wyoming University of California, Los Angeles, CA Womens’ University Club, Seattle Claremont Graduate University - Conference Midwestern Psychological Assn (Psi Chi, on Applied Psychology Invited Speaker), Chicago University of Southern California, CA National Academy of Sciences, Washington Town & Gown, Newport Beach, CA DC (Henry & Bryna David Award Lecture) Northwestern University Advanced Trial Skills Inst, Calif. Public Annual Whistleblower Investigators Defenders Assn, Palm Springs, CA Conference, Baltimore, MD, Catholic Univ. of Leuven, Belgium Trauma and Memory, Continuing Legal L’Ecoles des Hautes Etudes en Sciences Education, Seattle, WA Sociales (EHESS), Paris World Association of Detectives, Seattle, WA Colorado College (Roberts Lecture), Colorado False Memory Syndrome Foundation Springs, CO Conference, Chicago, IL University of Colorado, Colorado Springs. 2003 Rocky Mountain Psychological Assn, National Institute on Teaching of Psychology, Distinguished Speaker, Reno, NV St. Petersburg, FL (keynote) Western Psychological Association, Psi Chi Center for Inquiry, Los Angeles, CA Distinguished Speaker, Phoenix, AZ American Assn for Advancement of State Legislative Leaders Foundation & Science, Denver. University of Chicago, Chicago, IL University of Illinois, Champaign-Urbana, IL 41 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 54 of 57

Center for Neurobiology of Learning & Vallarta, Mexico (plenary) Memory, Evening to Remember Talk. Rutgers University, New Brunswick, NJ National Child Abuse Defense & Resource Beyond Belief, Salk Institute, Ca. (Invited Center Annual Conference, Las Vegas, Nv. speaker), La Jolla, CA University Synagogue (Holocaust Memories) Grand Rounds, Dept of Neurology, UCI- CA. Medical, Orange, CA Arizona State University Law School, Tempe University of Calif, Office of the President, Arizona State University Psychology Dept, AZ Oakland, CA 2005 2007 Orange County Stanford Assn, Newport, CA Western State Univ College of Law, Fullerton, SARMAC Bethschrift Meeting, Wellington, CA New Zealand Newkirk Center, Forensic Science, Costa RoddyFest, Purdue Univ., W. Lafayette, IN Mesa, CA University of Louisville, Grawemeyer Award University of Arizona, Tucson, AZ Speech, Louisville, KY Munsterberg Conf, John Jay College of Crim Persistence of Memory Conf. (Keynote), Justice, NY Niagara City CC, NY. Academic & Professional Women, UCI Western Psychological Assn (Presidential National Academy of Sciences, Distinctive Address), Portland, OR Voices, Beckman Center, CA. Stanford University (Festschrift for Gordon Serena Yang Distinguished Lecture, Bower), Palo Alto, CA University of Hong Kong University of Haifa, Israel Women In Leadership, Annual Meeting, Sacred Heart Medical Center, Psychiatry, Newport Beach, CA (Bakker Retirement) Spokane, WA Calif. State University - Long Beach, Harbor-UCLA Medical Center, Psychiatry, Psychology Day Keynote Speaker, CA Grand Rounds, CA. Stanford University, Symbolic Systems California Judicial Branch Conf, San Diego, Distinguished Speaker, CA CA Schneiderman Memorial Bioethics Lecture, San Diego Stanford Association, CA Biological Sciences, Beckman Center, CA Pavlovian Society, 50th Anniversary Meeting, Federation of Defense & Corp Counsel, (keynote), CA Annual Meeting, Sun Valley, ID Athenaeum Lecture, Claremont McKenna, CA George Sperling Festschrift, UCI, CA,. National Academy of Sciences Sackler Colloq Watson Memorial Lecturer, Univ. of New on Forensic Sciences, Wash, DC. Hampshire, NH. 2006 Forensic Science Conference, Public Bureau of Jewish Education, Laguna, CA Defenders, Los Angeles University of San Diego, Michael Haney International Women’s Forum, Chicago Distinguished Lecturer, Ca. Behavioral Foundations of Policy Conf, Calif. State University, Long Beach, Ca. Princeton University, NJ Inaugural Quinn Lecturer in Memory & American Association of Universities, CA Consciousness, University of British NY State Judicial Institute, White Plains, NY Columbia Centre Social I Cultural, Lleida, Spain. Ireland Scholar Award Lecturer, University of CosmoCaixa Museum of Science, Madrid, Alabama – Birmingham Spain. Harvard University 2008 National Academy of Sciences, Forensic Calif. State University, Northridge (Richard Science, Washington D.C. W. Smith Lecturer). Western Psychological Assn, Palm Springs, Univ. of South Florida, Doug Nelson Ca. Festschrift, Tampa, FL. Association for Behavior Analysis, Arizona State Univ. Law School, Tempe Presidential Scholar Address, Atlanta, Ga Western Psych Assn, Irvine, CA UC-Irvine-Commencement Address, Social Nebraska Symposium on Motivation – Ecology Emotion & Law, Lincoln, NE University of Aberdeen, Scotland International Conf on Investigative John Damien Lecturer, University of Stirling, Interviewing, Quebec Nationale Police Scotland Academy, Nicolet, Canada. Mexican Congress of Psychology, Puerto Butler Pappas Sexual Tort Sem., Tampa, Fl.

42 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 55 of 57

European Association of Psychology & Law Institute of Community & Family Psychiatry, (keynote), Maastricht, Netherlands McGill, Montreal, Canada. Annual Celebration Speech “Illusions of Denison University (Anderson Lecture), Memory”, University of Oslo, Norway Granville, OH Psychology Department, University of Oslo Booz, Allen/CIA: Face Recognition, Herndon, University of Louisville Northern Lights Psychology Conference VA. (keynote), Grand Forks, ND Bronowski Art & Science Forum, The Tel-Aviv University, School of Law Neurosciences Institute, La Jolla, CA Hebrew University, Jerusalem, Israel University of Southern California George Mason Law School – Science in the 2011 Courts Program for Judges, Fl University of California, Santa Barbara 2009 Orange County Stanford Assn, Newport, CA Midwest Institute for Students & Teachers of Eastern Psychological Assn (Psi Chi Psychology (Opening Key), Glen Ellyn, Il. Distinguished Lecturer), Boston, Ma American Assn for Advancement of Science Law and the Brain conference, New York (McGovern Award lecture), Chicago, IL. Law & Memory Conf, Stanford Law School American Psychology Law Society (Presidential Speaker), San Antonio, TX UCLA School of Law, CA Teachers of Psychology, London Rocky Mountain Psych Assn., (Psi Chi South West Psychology Conference (keynote) Distinguished Lecturer) Salt Lake City, UT London British Psychological Society annual meeting, Center for Inquiry, 12th World Congress, Glasgow, Scotland (keynote) Bethesda, Md. Salon, The Pacific Club, CA Princeton University, NJ South West Psychology Conf. (keynote) Littler Class Action Conference, Phoenix, AZ London Council of Science Editors Annual Meeting, British False Memory Society, London (Keynote) Pittsburgh, PA Clacton County High School, England Canadian Psychological Assn (keynote), Univ of Sheffield, England Montreal Assn of Teachers of Psychology, Hatfield, Chautauqua Institution, NY England UCI Foundation retreat, San Diego, CA. th The Amazing Meeting (TAM), Las Vegas University of Geneva (450 anniversary), North Orange County Bar Assn, Ca. Aspen Institute , CO Roosevelt University, Chicago Federal Bureau of Investigation, Virginia Japanese Psychological Assn, Tokyo (keynote) Messe Memorial Lecture, Michigan State Law School, University of Calif, Berkeley Univ. Trendsetters, Jewish Federation, Newport 2012 Beach, CA. Pennsylvania Bar Institute Dickinson College (2009 Joseph Priestley Nova Southeastern Univ, Ft. Lauderdale, Fl. Award) PA Distinguished Writing Lecture Series, UCI Canadian Lawyers, Toronto, Canada Penn Conf of State Trial Judges, PA Drexel University, Philadelphia, PA 2010 Correctional Services Canada, Toronto National Seminar on Forensic Evidence, San Suppes Symposium, Stanford, CA Diego, Ca. Forensic Mental Health Assn of California, Memory & Law Workshop, Tucson, Az Monterey, CA ARCS Foundation, Irvine, Ca. Toronto International Film Festival (TIFF) California Institute of Technology (William & University of Ottawa Myrtle Harris Distinguished Lectureship in U.S. District Court of Nevada Annual Conf, Science and Civilization), CA. Reno University of Texas, Austin Ohio State University (Greenwald lecture) Society of Experimental Psychologists Simon Fraser University, Canada (Warren Medal talk) Philadelphia, PA Kwantlen Polytech University, Canada Center for Advanced Study Summit, Stanford University of Nevada, Reno International Congress of Psychology, University Bonn, Germany (keynote- Cape Town, South Africa) Monash South Africa University. Johannesburg 43 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 56 of 57

Orange County Traffic Investigators Assn Goldsmiths University, London Grand Rounds, Dept of Psychiatry, UCI Cornell University, Ithaca, NY (Award FMSF Tribute, Philadelphia, PA lecture) CSIcon 2012, Nashville TedX-CIA (Central Intelligence Agency), Va Claude Bernard Univ., Lyon, France Radcliff Institute, Harvard Univ, (Dean’s Mode d’Emploi Festival, Villa Gillet, Lyon, Lecture), Ma France University of Akron (Benjamin Lecture), OH 2013 John Jay College of Criminal Justice, NY National Institute on the Teaching of NAS-YouTube, Science Speed Date, Los Psychology, FL Angeles, CA Harbor Ridge Women’s Group, CA Foundation for Critical Thinking, Berkeley CA Univ. of California, Davis SymposiumTraumatic Memories, Forensic University of Washington (Edwards Lecture) Psychiatry Center & Hogrefe Publishers, SouthWest Psychology Conf, , London Helsinki, Finland Goldsmiths, Univ of London American Academy of Matrimonial Lawyers, South Bank University, London Newport Beach, CA National Assn of Criminal Defense Lawyers, Forensic Psych Institute Launch, Goldsmiths, Las Vegas University of London Midwestern Psych Assn, Chicago Berlin Graduate School of Mind & Brain, Association for Psych Science, Wash DC Humboldt University, Germany TedGlobal2013, Edinburgh, Scotland United States District Court, Eastern District European Congress of Psychology (keynote- Conference, Olympic Valley, CA Stockholm 2013). West Point Military Academy, NY (Class of Int. Conf. on Critical Thinking and Education 1951 Distinguished Lecturer) Reform, Berkeley, Ca. UC Conf on Social Science & Law American Psych Assn, Award acceptance, HI Grawemeyer Celebration, Univ of Louisville La Trobe University, Melbourne, Australia CEM, International Congress, Tunisia TedX-Orange Coast, Newport Beach, CA (Honorary Chair) – via videoconference University of Missouri, Columbia, MO 2016 Town & Gown, Irvine, Ca. California State Univ, Dominguez Hills Psychonomic Society, Toronto (keynote) Western Psychological Assn (Distinguished 2014 speaker) American Assn of Law Schools, NY Imagine No Religion, Vancouver, BC National Research Council Eyewitness Contacts of Orange County, Irvine, CA Committee (via videolink) American Humanist Assn, award speech, University of Michigan (Weinberg Neurolaw) Chicago, IL Southwestern Psychological Assn, San Phi Beta Kappa Initiation, UCI Antonio, TX (keynote) IIex2016, Atlanta, Ga The California Club, Los Angeles International Congress of Psychology, Northwestern Law School, Chicago Yokohama, Japan 2016 The Amazing Meeting (TAM), Las Vegas, NV FBI, Violent Crime Beh Analysis, LA, CA Foundation for Critical Thinking (Nader Colorado State Univ, CO event), Berkeley, Ca CsiCon Conference, Las Vegas, NV. Federal Court Clerk Assn, Seattle, WA Assn of Workplace Investigators, San Trauma & Memory, Stockholm, Francisco, CA Sweden Univ of London, Goldsmiths What Matters To Me, and Why (UC-Irvine) Council of Scientific Society Presidents, DC University of Arizona 2017 SARMAC, Sydney, Australia 2015 LogiCal, Los Angeles, CA Duke University (via Skype) American Assoc for Advancement of Science SouthWest Psych Conf, London, Justice & Injustice Conf., UCI law Midwestern Psych Assn, Distinguished Psi Chi American Assoc.of Advancement of Science, lecturer, Chicago San Jose, CA UCEmeriti Assn Society for Consumer Research, Phoenix International Congress on Social SouthWest Psychology Conf, , London Responsibility, Universidad Santo Tomas,

44 Case 1:14-cr-00107-RCL Document 847-1 Filed 06/25/18 Page 57 of 57

Bogota, Columbia Douglas College, Vancouver, Canada. Vancouver International Conf on Teaching of Psych, Vancouver, Canada Inn of Court, CA DRI Asbestos Medicine Conf, Las Vegas Internat Society for Neuroethics, Wash DC Erickson Foundation, Evolution of Psychotherapy Conf, , CA 2018 Rice University, Bochner Lecture, Austin, Tx Exploratorium, San Francisco Univ of Miami, SEEDS speaker, Fl. Western Univ of Health Sciences, Ca Cal State University, Fullerton (Psych Day!) Houston Bar Assn BarBench Conf, TX CNLM Conf, Huntington Beach (plenary) Western Psychological Assoc, Portland, OR Albert Wolters Distinguished Lecture, Univ of Reading, England

Forthcoming APS Teaching Conf., San Francisco, CA Max Planck, Berlin, Germany Univ. of Iowa Universidad Nacional de Cordoba, Argentina Jeeves Lecture, St. Andrews Univ, Scotland SouthWest Psych Conf, London (2019)

Revised: May 2018

45 Case 1:14-cr-00107-RCL Document 847-2 Filed 06/25/18 Page 1 of 2

Exhibit B

Case 1:14-cr-00107-RCL Document 847-2 Filed 06/25/18 Page 2 of 2

Latcovich, Simon

From: Latcovich, Simon Sent: Wednesday, May 23, 2018 2:49 PM To: Martin, Thomas (Pat) (USADC); Campoamor-Sanchez, Fernando (USADC) Cc: Romero, Tobin; Commons, Krystal; Thomas Connolly; Saharia, Amy Subject: Slatten Attachments: 2018.05.23 Letter from Latcovich to Government re Experts.pdf; DX5000.wav; DX5001.wav; DX5002.wav

Counsel,

Please see the attached correspondence.

Best regards, Simon

Simon Latcovich Williams & Connolly LLP 725 Twelfth Street, N.W., Washington, DC 20005 (P) 202‐434‐5967 | (F) 202‐434‐5029 [email protected] | www.wc.com/slatcovich

1 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 1 of 177

Exhibit C

Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 2 of 177

U.S. Department of Justice

Ronald C. Machen Jr. United States Attorney

District of Columbia

Judiciary Center 555 Fourth St., N.W. Washington, D.C. 20530

March 28, 2014

Via Federal Express

Brian Matthew Heberlig David Schertler Bruce Charles Bishop Danny C. Onorato STEPTOE & JOHNSON LLP SCHERTLER & ONORATO, L.L.P. 1330 Connecticut Avenue NW 575 7th Street, NW Washington, DC 20036 Suite 300 South 202.429.8134 Washington, DC 20004 Counsel for Defendant Paul Slough 202.628.4199 Counsel for Defendant Dustin Heard

Thomas Gerard Connolly William Francis Coffield, IV WILTSHIRE & GRANNIS, LLP COFFIELD LAW GROUP, LLP 1200 18th Street, NW 1330 Connecticut Avenue, NW Suite 1200 Suite 220 Washington, DC 20036 Washington, DC 20036 202.730.1339 202.429.4799 Counsel for Defendant Nicholas Slatten Counsel for Defendant Evan Liberty

Re: United States v. Paul Slough, et al. (Case No. 08-360 (RCL))

Dear Counsel:

Per the Court’s March 7, 2014 Scheduling Order and Rule of Criminal Procedure 16(a)(1)(G), we are providing notice of the following expert witnesses that the government may call to testify in this matter:

1. Suzanne Brown. Ms. Brown is a Visual Information Specialist working in the FBI Laboratory’s Operational Projects Unit. Her expert qualifications are described in her curriculum vitae, which is attached at Tab 1. Ms. Brown builds

1 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 3 of 177

digital, “approximate to scale” two- and three-dimensional exhibits, including animations (collectively, “digital exhibits”), for use at trial. Ms. Brown is in the process of building digital exhibits of Nisur Square that will include: landmarks, streets, and other points of reference in the area of Nisur Square on September 16, 2007; the relative locations of the Raven 23 vehicles during and around the time of the shooting incident on September 16, 2007; the relative locations of the certain Iraqi civilian vehicles during and around the time of the shooting incident on September 16, 2007; the relative locations of the certain Iraqi victims and witnesses during and around the time of the shooting incident on September 16, 2007; the relative location of some of the physical evidence during and around the time of the shooting incident on September 16, 2007; certain measurements taken by the FBI of relevant locations within Nisur Square after September 16, 2007; and overlays of certain trajectory analysis performed by Douglas Murphy in this case. The government may choose to introduce or otherwise use these diagram exhibits at trial. If it chooses to do so, the government will identify them as exhibits in its Exhibit List and supply copies of the digital exhibits at that time. As appropriate, Ms. Brown is expected to testify as to what aspects of the digital exhibits are “approximate to scale” and what may not be “approximate to scale” but nonetheless accurately represents what is being depicted. In order to construct the digital exhibits, Ms. Brown has examined and relied upon, among other things: satellite photographs of Nisur Square on September 16, 2007; Light Detection and Ranging (“LIDAR”) data; video footage taken of Nisur Square on September 16, 2007, from Tower 8 shortly after the shooting; video footage of Nisur Square on September 16, 2007, taken by a U.S. military drone shortly after the shooting; video footage taken of Nisur Square on September 16, 2007, by individuals on the ground shortly after the shooting; hundreds of color photographs taken at Nisur Square on September 16, 2007, and subsequent dates; certain measurements taken by the FBI of relevant locations within Nisur Square after September 16, 2007; and the May 20, 2009 and August 28, 2009 expert reports of Douglas Murphy contained at Tab 4. Ms. Brown’s creation of the digital exhibits will be based on her education, training, and experience in the construction of similar digital exhibits and models.

2. Jacob Cabelli. Mr. Cabelli is a Visual Information Specialist working in the FBI Laboratory’s Operational Projects Unit. His expert qualifications are described in his curriculum vitae, which is attached at Tab 2. Mr. Cabelli builds digital, “approximate to scale” two- and three-dimensional exhibits, including animations (collectively, “digital exhibits”), for use at trial. Mr. Cabelli is in the process of building digital exhibits of Nisur Square that will include: landmarks, streets, and other points of reference in the area of Nisur Square on September 16, 2007; the relative locations of the Raven 23 vehicles during and around the time of the shooting incident on September 16, 2007; the relative locations of the certain Iraqi civilian vehicles during and around the time of the shooting incident on September 16, 2007; the relative locations of the certain Iraqi victims and

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witnesses during and around the time of the shooting incident on September 16, 2007; the relative location of some of the physical evidence during and around the time of the shooting incident on September 16, 2007; certain measurements taken by the FBI of relevant locations within Nisur Square after September 16, 2007; and overlays of certain trajectory analysis performed by Douglas Murphy in this case. The government may choose to introduce or otherwise use these diagram exhibits at trial. If it chooses to do so, the government will identify them as exhibits in its Exhibit List and supply copies of the digital exhibits at that time. As appropriate, Mr. Cabelli is expected to testify as to what aspects of the digital exhibits are “approximate to scale” and what may not be “approximate to scale” but nonetheless accurately represents what is being depicted. In order to construct the digital exhibits, Mr. Cabelli has examined and relied upon, among other things: satellite photographs of Nisur Square on September 16, 2007; Light Detection and Ranging (“LIDAR”) data; video footage taken of Nisur Square on September 16, 2007, from Tower 8 shortly after the shooting; video footage of Nisur Square on September 16, 2007, taken by a U.S. military drone shortly after the shooting; video footage taken of Nisur Square on September 16, 2007, by individuals on the ground shortly after the shooting; hundreds of color photographs taken at Nisur Square on September 16, 2007, and subsequent dates; certain measurements taken by the FBI of relevant locations within Nisur Square after September 16, 2007; and the May 20, 2009 and August 28, 2009 expert reports of Douglas Murphy contained at Tab 4. Mr. Cabelli’s creation of the digital exhibits will be based on his education, training, and experience in the construction of similar digital exhibits and models.

3. Brandon Giroux. Mr. Giroux is an expert in firearms and toolmark identification and comparison, formerly employed in the FBI Laboratory’s Firearms/Toolmark Unit. His expert qualifications are described in his curriculum vitae, a copy of which you previously received as Bates No. USAO_026003, et al. He examined and analyzed some of the items of evidence in this case, including numerous times of ballistics-related evidence. He is expected to testify about the science of firearms and toolmark identification and comparison, his particular disciplines within that area of expertise, and the particular work he performed in this case, consistent with his expert reports, copies of which are attached at Tab 3. In addition, we expect him to testify to the following:

Bullets • Q1 is a bullet consistent with those loaded into 7.62x51mm cartridges (specifically the M-993 cartridge). Q1 exhibits the general rifling characteristics consistent with the 7.62x51mm Fabrique National rifle, model M-240B. • Q3 is a bullet consistent with those loaded into 7.62x54R cartridges • Q42, Q51 through Q54 are bullets consistent with those loaded into 7.62x39mm cartridges.

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• There were insufficient marks of value for comparison purposes to determine if any of these bullets were fired from any of the known M- 240B barrels.

Bullet Fragments and Bullet Jacket Fragments • Q2, Q8, Q90, Q124, and Q126 are consistent with steel penetrator tips found in Q231 through Q250 (i.e., 5.56mm cartridges). • Q4 is a bullet fragment consistent with bullets loaded into 7.62x39mm cartridges. • Q5, Q6, Q27, Q36, Q37, Q38, Q39, Q117, Q122, Q123, Q125, Q133, Q156, Q157, Q166, Q170, Q173, Q174, Q177, Q178, Q254 are bullet fragments or bullet jacket fragments. • Q7, Q13 through Q15, Q29, Q32, Q40, Q41, Q112, Q120, Q121, Q127 through Q131, Q134 through Q137, Q148 through Q155 are consistent with bullet fragments or bullet jacket fragments. • Based on class characteristics, some of the bullet fragments and bullet jacket fragments could be excluded as having been fired from the known M-4 and SR-25 barrels and known 9mm pistols. For this same reason, others could be excluded as having been fired from the known M-240B barrels. However, no bullet fragment or bullet jacket fragment was excluded as having been fired from all of the known barrels and known pistols. Further, there were insufficient marks of value for comparison purposes to determine if any of the bullet fragments or bullet jacket fragments were fired from any of the known barrels and known pistols.

Metal fragments • Q9, Q16 through Q26, Q28, Q30, Q31, Q34, Q113 through Q116, Q118, Q119, Q132, Q138 through Q147, Q158 through Q169, Q171, Q172, Q176, and Q255 through Q258 appear to be metal fragments.

Cartridge cases • Q10 through Q12, Q65 through Q69, Q76, Q79 through Q82, and Q85 are 7.62x39mm cartridge cases with a variety of headstamps (i.e., Chinese, Serbian, unknown, obliterated, or none). Q10 through Q12, Q65 through Q69, Q82, and Q86 exhibit damage consistent with having been discharged from a firearm. Q76, Q79 through Q81, and Q85 exhibit damage that exceeds that which is expected from having been discharged in a firearm. Q86 is a 7.62x39mm cartridge case with an unknown headstamp and a 7.62mm bullet inserted into the mouth of the cartridge case. Q86 had no powder in the cartridge case and the bullet inserted inside it had no rifling marks. • Q43, Q74, Q75, and Q99 through Q103 are 7.62x51mm cartridge cases. Q43 and Q99 through Q103 have unknown headstamps and were fired from K40 (i.e., an M-240B machine gun).

4 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 6 of 177

• Q74 and Q75 have Swedish headstamps and were fired from K28 (i.e., an M-240B machine gun). • Q44 through Q49, Q70 through Q73, and Q94 through Q98 are 5.56mm cartridge cases with Lake City Ordnance headstamps. Q44 was fired from K11 (i.e., an M-4 rifle with grenade launcher). Q45 and Q47 through Q49 were fired from K12 (i.e., an M-4 rifle with grenade launcher). Q94, Q96, and Q97 were fired from K22 (i.e., an M-4 rifle). Q98 was fired from K6 (i.e., an M-4 rifle with grenade launcher). There were insufficient marks of value for comparison purposes to determine if Q46, Q70 through Q73, and Q95 were fired in any of the known M-4 rifles. • Q56 through Q64 are 9mm Luger cartridge cases. There were insufficient marks of value for comparison purposes to determine if Q56, Q57, Q59, and Q62 through Q64 were fired in any of the known 9mm pistols. The class characteristics of Q56, Q57, Q59, and Q62 through Q64 are consistent with Glock and Smith & Wesson pistols. Q58, Q60, and Q61 were excluded as having been fired in any of the known 9mm pistols. • Q77, Q78, Q83, and Q84 are 7.62x54R cartridge cases with unknown headstamps.

Smoke canisters, grenades, and grenade casings • Q104 and Q105 are grenade casings that exhibit damage consistent with having been discharged from a firearm. Q104 was fired from K6 (i.e., an M-4 rifle with grenade launcher). There were insufficient marks of value for comparison purposes to determine if Q105 was fired from any of the known M-4 rifles with grenade launchers.

Tires • Q91 and Q92 are damaged tires. No residues consistent with a bullet impact were found on the tires. Metal objects removed from Q91 and Q92 were not consistent with bullets or bullet fragments.

Mr. Giroux’s expert opinions will be based on his education, training, and experience in the science of firearms and toolmark identification and comparison.

4. Douglas Murphy. Douglas Murphy is an expert in firearms and toolmark identification and comparison, trajectory analysis, and shooting incident reconstruction working in the FBI Laboratory’s Firearms/Toolmark Unit. His expert qualifications are described in his curriculum vitae, which is attached at Tab 4. He examined and analyzed some of the items of evidence in this case, including numerous civilian vehicles purportedly struck by gunfire in the shooting incident in Nisur Square on September 16, 2007. He is expected to testify about the science of firearms and toolmark identification and comparison and trajectory analysis, his particular disciplines within those areas of expertise, and the particular work he performed in this case, consistent with his expert reports,

5 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 7 of 177

copies of which are attached at Tab 4. Mr. Murphy’s expert opinions will be based on his education, training, and experience in the science of firearms and toolmark identification and comparison, trajectory analysis, and shooting incident reconstruction.

5. Susan Marvin (formerly Kazanjian), PhD. Dr. Marvin is an expert in Forensic Examination and Metallurgy working in the FBI Laboratory’s Chemistry Unit Unit. Her expert qualifications are described in her curriculum vitae, which is attached at Tab 5. She examined and analyzed some of the items of evidence in this case, including three metal fragments removed from tires from the Raven 23 “Command Vehicle” used on September 16, 2007. She is expected to testify about the science of forensic metallurgy, her particular disciplines within that area of expertise, and the particular work she performed in this case, consistent with her expert report, a copy of which is attached at Tab 5. Dr. Marvin’s expert opinions will be based on her education, training, and experience in the science of forensic examination and metallurgy.

6. Michael A. Smith, PhD. Dr. Smith is a forensic metallurgist working in the FBI Laboratory’s Chemistry Unit. His expert qualifications are described in his curriculum vitae, which is attached at Tab 6. He examined and analyzed some of the items of evidence in this case, including numerous ballistics evidence. He is expected to testify about the science of forensic metallurgy, his particular disciplines within this area of expertise, and the particular work he performed in this case, consistent with his expert reports, copies of which are attached at Tab 6. In addition, we expect him to testify to the following:

M-993 cartridges (Tungsten) • Q1 has a Tungsten core consistent with those found in M-993 cartridges (i.e., 7.62x51mm cartridges). • Q15 and Q113 are Tungsten fragments consistent with the Tungsten core found in M-993 cartridges. • Q14 through Q18 are Tungsten fragments consistent with the Tungsten found in M-993 cartridges. • Q114 and Q115 are aluminum fragments consistent with a component of M-993 cartridges (i.e., the “sleeve” or covering over the Tungsten core).

Steel penetrator tips • Q2, Q8, Q90, Q124, and Q126 are consistent with the steel penetrator tips found in Q231 through Q250 (i.e., 5.56mm cartridges).

Dr. Smith’s expert opinions will be based on his education, training, and experience in the science of forensic metallurgy.

7. Maureen Bradley, PhD. Dr. Bradley is an expert in analytical chemistry and

6 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 8 of 177

paint transfer analysis working in the FBI Laboratory’s Chemistry Unit. Her expert qualifications are described in her curriculum vitae, which is attached at Tab 7. She examined and analyzed some of the items of evidence in this case. Specifically, she conducted a paint transfer analysis of the front bumper of the burned Kia sedan and the rear bumper of the white VW Caddy box truck. She is expected to testify about the science of analytical chemistry, her particular disciplines within that area of expertise, and the particular work she performed in this case, consistent with her expert reports, copies of which are attached at Tab 7. In addition, she is expected to testify that the apparent transfer of paint from the front bumper of the burned Kia sedan to the rear of the white VW Caddy box truck is consistent with the two bumpers having come into contact with each other with a sufficient amount of frictional force to cause the paint transfer. Dr. Bradley’s expert opinions will be based on her education, training, and experience in the science of analytical chemistry and paint transfer analysis.

8. Chief Warrant Officer (“Gunner”) Shelby Lasater. Gunner Lasater is a Chief Warrant Officer in the United States Marine Corps (“U.S.M.C.”) and has served in the U.S.M.C. since 1991. He is an expert in infantry weapon systems employment, weapons systems effects, and training in individual weapon systems for use by individual servicemembers and military units. His expert qualifications in these disciplines are described in his curriculum vitae, which is attached at Tab 8. He currently serves as the “Gunner” for the U.S.M.C.’s Infantry Officer Course, the comprehensive course of instruction for all U.S.M.C. Infantry Officers. As the Gunner for this course, which is part of the premier Infantry school in the U.S.M.C., Gunner Lasater also contributes and comments on the development of U.S.M.C. policies on weapon systems and tactical implementation. Gunner Lasater is expected to testify about the characteristics, capabilities, and features of the some of the weapon systems used by Raven 23 on September 16, 2007, including the M-4 rifle, M-240 heavy machine gun, and the M-203 grenade launcher. As to each of the these weapon systems, he is expected to testify to the caliber and characteristics of the weapon system’s munitions, and the weapon system’s mechanical features, firing characteristics, sustained rate of fire, maximum effective rates of fire, maximum effective range, maximum range, and fire selector options, etc., consistent with U.S.M.C. Technical Manuals 05538/10012-OR and other relevant technical manuals, his experience, and his training. Gunner Lasater is also an expert on how the U.S.M.C. trains its infantryman and the training received by each infantryman with the above- referenced weapon systems, including training concerning personal identification of a target before firing at a target. He is also familiar with the standard weapons qualifications testing of U.S.M.C. members of the infantry on the above- referenced weapon systems, interpreting qualification scores, and interpreting the relative proficiency of a shooter given that person’s qualification scores. Finally, based on Gunner Lasater’s familiarity with the training supplied by the U.S.M.C. to its infantrymen and his review of the training records of defendants Heard and

7 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 9 of 177

Liberty, Gunner Lasater is expected to testify as to the type of training defendants Heard and Liberty received on infantry weapon systems like those used by Raven 23 on September 16, 2007, while defendants Heard and Liberty were in the U.S.M.C.

9. W. Mark Whitworth. Mr. Whitworth is an explosives and hazardous materials examiner and expert working in the FBI Laboratory’s Explosives Unit. His expert qualifications are described in his curriculum vitae, which is attached at Tab 9. He examined and analyzed various items of evidence in this case, including color photographic images of the burned white Kia and the white VW Caddy box truck taken after the shooting in Nisur Square on September 16, 2007, as well as the tires from the Raven 23 “Command Vehicle” used on September 16, 2007 and three metal fragments removed from those tires. He also conducted a series of explosives tests to obtain reference material that could be compared to the damage observed in the above-referenced photographs of the burned white Kia and the white Caddy VW box truck, as well as the fragments referenced above. He is expected to testify about explosives and hazardous materials, including the M433 HE DP projectile fired by the M203 grenade launcher and M79 grenade launcher. He is also expected to testify to the findings and conclusions contained in his expert reports, copies of which are attached at Tab 9. In addition, he is expected to testify to the following:

Smoke canisters, grenades, and grenade casings • Q50, Q106, and Q107 are smoke canisters • Q87 is a smoke grenade. • Q88 and Q108 are smoke grenade spoons; Q109 is a grenade pin

10. Scott Patterson. Mr. Patterson is a firearms and ballistics testing examiner and expert working in the FBI Laboratory’s Ballistic Research Facility. His expert qualifications are described in his curriculum vitae, which is attached at Tab 10. He examined certain items of evidence in this case, including the SR-25 sniper rifle used by defendant Slatten on September 16, 2007. He also performed various forms of demonstrative firearms testing. He obtained and examined exemplar M-4 and SR-25 rifle scopes similar to those issued to and carried by the defendants on September 16, 2007, in Nisur Square and took demonstrative photographs through those scopes of silhouette and mannequin targets at distances of between 25 and 500 feet to demonstrate how scope magnification of targets enhances the viewer’s ability to observe targets well beyond the abilities of the naked eye. He also conducted a series of live-fire tests and demonstrations, using various weapons systems (i.e., semiautomatic rifles, the M-240 heavy machine gun, and the AK-47 assault rifle) with their corresponding munition rounds (i.e., 5.56 mm rounds and 7.62 mm rounds) to capture the effects fired rounds from those weapons would have on sheet metal, 5mm plated armor, and ballistic gelatin blocks at various distances. Some of this testing was captured by high-speed

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cameras. Mr. Patterson is also expected to conduct similar live-fire tests and demonstration with the SR-25 sniper rifle. If the government chooses to present Mr. Patterson’s testimony, it may choose to augment that testimony through the use of visual aids and exhibits, such as video footage, still photographs, and the actual physical targets that were fired upon. Should it seek to use any such exhibits at trial, the government will identify those exhibits in its Exhibit List and either supply a copy of the exhibits at that time or offer the defendants an opportunity to examine the exhibits (e.g., the physical targets that were fired upon).

11. Brian Chase. Mr. Chase is an expert in the field of motor vehicle/crash causation analysis, traffic accident investigation, and traffic accident reconstruction. His qualifications are described in his curriculum vitae, which is attached at Tab 11. He examined and analyzed some of the items of evidence in this case, including the front bumper system of the burned Kia sedan and the rear bumper system of the white VW Caddy box truck. He has also examined, among other things: satellite photographs of Nisur Square on September 16, 2007; video footage taken of Nisur Square on September 16, 2007, from Tower 8 shortly after the shooting; video footage of Nisur Square on September 16, 2007, taken by a U.S. military drone shortly after the shooting; video footage taken of Nisur Square on September 16, 2007, by individuals on the ground shortly after the shooting; video footage of the burned Kia sedan and the white VW Caddy box truck taken after the shooting in Nisur Square on September 16, 2007; color photographs of the burned Kia sedan and the white VW Caddy box truck taken after the shooting in Nisur Square on September 16, 2007; and close-up photographs taken of the front bumper system of the burned Kia sedan and the rear bumper system of the white VW Caddy box truck. He is expected to testify that based on all the evidence he has reviewed and analyzed, including the limited damage he observed to the front bumper system of the burned Kia sedan and the rear bumper system of the white VW Caddy box truck, no apparent structural damage, and no evidence of energy absorption, the vehicles were involved in a very low-speed impact. He is also expected to testify that the bumper covers of both bumper systems exhibit directional scratching and paint transfer consistent with frictional force present when two surfaces slide across one another. If the government chooses to present Mr. Chase’s testimony, it may choose to augment that testimony through the use of visual aids and exhibits. Should it seek to use any such exhibits at trial, the government will identify those exhibits in its Exhibit List and either supply a copy of the exhibits at that time or offer the defendants an opportunity to examine the exhibits.

12. Eric Benn. Mr. Benn is an expert in the field of imagery analysis working for the Department of Defense’s National Geospatial Agency. His qualifications are described in his curriculum vitae, which is attached at Tab 12. Mr. Benn will authenticate and characterize satellite images of West Central Baghdad, Iraq

9 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 11 of 177

captured on September 16, 2007 at 12:06 and 34 seconds p.m. (local time) by the commercial satellite QuickBird, owned and operated by DigitalGlobe. You have been provided that imagery previously, and snapshots with annotations were previously produced and identified by Bates nos. USAO_026601 - USAO_026609. Mr. Benn is expected to testify that DigitalGlobe provides unclassified satellite imagery to the US Government on a contractual basis. Mr. Benn is expected to testify as to the probable identification of four armored vehicles, of the type commonly used by Blackwater, USA in Baghdad, Iraq, entering Nisur Square at 12:06 pm, and another convoy of armored vehicles traveling in the vicinity of the Izdihar Compound located to the north and west of Nisur Square. Mr. Benn will also identify the location of an explosion near the Izdihar Compound, from which a plume of black smoke can be seen on the imagery.

Mr. Benn will also authenticate the video and photographs of Nisur Square captured on September 16, 2007 by the United States Army Unarmed Aerial Vehicle (“UAV”) or “drone.” Still photos from this drone can be found on the previously produced DVD labeled “Discovery Production No. 17” at Bates Nos. USAO_027532 - USAO_027544, and the video is on a separate previously produced compact disc identified by Bates No. USAO_028233. Mr. Benn will also identify water mark stains on the pavement that are visible on the UAV imagery, and has concluded the following:

• There is a dark stain on the traffic pavement on the inside curb of the traffic circle in the South-Southwest portion of the circle (the “stain). • The stain was not present on the DigitalGlobe commercial imagery (acquired at 12:06:34). • The stain is also present on the UAV imagery acquired from (at least) 12:34:03 and the subsequent 3 (or more) minutes. • The stain is almost certainly a result of wet pavement caused by water or another liquid that was spilled or sprayed and ran onto the pavement. • The shape of the stain is not precisely geometric, implying it was not a result of a wet object (e.g., a tarp, blanket, etc.) being placed onto the pavement; rather, it appears to have been the result of a spray or spill, potentially off a vehicle-sized object.

13. Robert Martin. Mr. Martin is a gunsmith (a.k.a. “armorer”) currently working in the FBI’s Defensive Systems Unit. He is an expert in various weapons systems, including the SR-25 sniper rifle. He is also an expert in various rifle scopes, including the Leopold Mark 4 3.5-10x40mm variable power rifle scope. His expert qualifications are described in his curriculum vitae, which is attached at Tab 13. Mr. Martin is expected to testify about the characteristics, capabilities, and features of the SR-25 and Leopold Mark 4 riflescope used by defendant Slatten on September 16, 2007. As to the SR-25 in particular, he is also expected

10 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 12 of 177

to testify to the caliber and characteristics of the weapon’s munitions, and the weapon’s mechanical features, firing characteristics, maximum effective range, maximum range, consistent with his education, training, and experience, as well as the Knight’s Armament manufacturer’s manual for the SR-25 sniper rifle, technical manuals, and other reliable references for the SR-25. Mr. Martin also physically examined the SR-25 used by defendant Slatten on September 16, 2007, and subsequently seized by the FBI as evidence in this case. He is expected to testify that upon examining the SR-25, he observed several things of interest. First, the trigger mechanism for the rifle appeared to have been manipulated or altered, which resulted in a single-stage trigger pull as opposed to a two-stage trigger pull. Mr. Martin is expected to testify that a two-stage trigger pull generally consists of an initial trigger pull with a noticeable take-up of the slack in the trigger (i.e., stage one), followed by a distinct increase in the force required to pull the trigger to fire the weapon (i.e., stage two). In contrast, a single stage trigger pull has no discernible movement or increase in force required to fire the weapon (i.e., a single pull). Mr. Martin is expected to testify that the SR-25 sniper rifle is manufactured to have a two-stage trigger pull system, and qualified armorers working with the SR-25 generally configure it, as manufactured, to utilize a two-stage trigger pull system. Based on his examination of the SR-25 used by defendant Slatten on September 16, 2007, as well as his education, experience, and training in the field, it appeared to Mr. Martin that someone had manipulated or altered the trigger mechanism in the SR-25 intentionally. Second, in examining the SR-25 used by defendant Slatten on September 16, 2007, Mr. Martin also observed noticeable wear near the end of the barrel of the rifle that, in his experience, is caused by and consistent with a rifle suppressor being attached, removed, and reattached to the end of the rifle numerous times.

If you have any questions, please do not hesitate to contact us.

Sincerely,

______/s/______T. Patrick Martin Anthony Asuncion Christopher Kavanaugh Assistant United States Attorneys

Enclosures

11 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 13 of 177 r1 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 14 of 177

Curriculum Vitae

Name: Suzanne G. Brown

Address: Federal Bureau of Investigation Laboratory Division 2501 Investigation Parkway Quantico, Virginia 22553

Occupation: Visual Information Specialist

Education: B.A. Studio Art, University of Mary Washington, Magna Cum Laude, May 2000

Current Assignment:

Forensic Response Section; Operational Projects.Unit (June 2008 - Present) Bureau EOD January 2006

Support FBI and law enforcement agencies with technical illustrations, interactive exhibits, three dimensional models and ~nimations for use as demonstrative evidence.

Case work includes 9-11 High Value Detainees; US v Mohamed Mohamud; Attack on Special Mission, Benghazi, Libya; US v Roger Clemens; US v Christina Korbe (victim: FBI SA Samuel Hicks), and Guantanamo Bay Presidential Preservation Order. ·

Previous Employment: Training Division - Courseware Support Specialist (January 2006 - June 2008) Computer Sciences Corporation - Instructional Systems Developer (September 2000 - January 2006) Orion Enterprises, Inc. - Paid Intern (September 1999 - August 2000) FBI Honors Intern - Paid Intern (June 1999 - August 1999)

Special Training: Architectural Visualization Revit 2011 3d Studio Max Certificate Program Crime Scene Survey, Documentation, and Diagramming Evidence Response Team - Total Station Mapping and Diagramming AutoCAD 2012 Level I: Essentials Evidence Response Team - Digital Crime Scene Diagramming Evidence Response Team - Basic Course - Laboratory Personnel 3D Studio Max Master Class 3D Character Modeling Website Design

Affiliations: Inter Agency Visual Media Group (IVMG) Intelligence Community Interactive Alliance (IC/IA) Canadian/US Security Systems Simulation Technologies Group (CUSSTG) Phi Beta Kappa

Other Roles: Presenter for the Intelligence Community Awards in Media Excellence (2013) Judge for the Intelligence Community Awards in Media Excellence in Interactive Design (2013) EAC Section Representative (2009 - 2011) Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 15 of 177

2 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 16 of 177 CV TESTIMONY QUALIFICATION SHEET

Name: Jacob G. Cabelli

Address: Federal Bureau of Investigation Laboratory Division 2501 Investigation Parkway Quantico, VA 22135

Occupation: Visual Information Specialist

Current Assignment/Duties:

Assigned to the Operational Response Section, Operational Projects Unit, Laboratory Division, Quantico, Virginia. Duties include supporting FBI and Law Enforcement Agencies with crime scene surveys and technical illustrations for use as demonstrative evidence. Unit performs Total Station Mapping, Special Event Support, Laser Scanning, 3 Dimensional Computer Graphics and Interactive Demonstrative Evidence.

Work Experience:

Case work includes National Transportation Safety Board investigations, Special Event Collections, and other Federal, State and Local Investigations.

Education: Bachelor of Arts in Computer Science Minor in Fine Arts George Washington University 2003 Washington D.C. 20052

Employment: Entrance On Duty - February 2, 2009 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 17 of 177

3 r Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 18 of 177

Brandon N. Giroux FBI Laboratory (2uantico, Virqinia

PRESENT ASSIGNMENT: Physical Scientist Firearms/Toolmarks Unit FBI Laboratory March 2005 - · Present

PREVIOUS ASSIGNMENT: Physical Scientist Technician Trace Evidence Unit FBI Laboratory May 2004 - March 2005

EDUCATION: Master of Science Degree Forensic Science University of Illinois at Chicago August 2003

Bachelor of Science Degree Biochemistry university of Michigan May 2001

TRAINING: Qualified Trace Evidence Technician FBI Laboratory May 2004 - August 2004

Qualified Firearms-Toolmarks Examiner FBI Laboratory March 2005 - September 2006

Bullet Trajectory Reconstruction FBI Laboratory April 2006

Evidence Response Team Basic Crime Scene Course FBI Laboratory March 2006

' The Science of Firearms-Toolmarks Identification FBI Laboratory February 2006

Toolmark Microscopy Training FBI Laboratory November 2005 ·

USA0_026003 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 19 of 177

TRAINING (CONT.) Gunpowder and Gunshot Residue School FBI Laboratory June 2005 A.FTE Training Seminar 2005, 2006, 2007 and 2008 Attendee

American Academy of Forensic Science. 2003 Conference Attendee

_Toured U.S. tool, firearm, and ammunition manufacturing plants

PROFESSIONAL AFFILIATIONS: Association of Firearms and Toolmarks Examiners (AFTE) Provisional Member September 2006 - Present

Scientific Working Group for Firearm and Toolmark Examiners (SWGGUN) Board Member November 2006. - Present

OTHER QUALIFICATIONS: Primary instructor of the FBI Toolmark Identification School and the FBI Gunpowder and Gunshot Residue School.

Giroux, B.N., "Nbn-Destructive Techniques for the Visualization of Gunshot Residue," AFTE Journal, Vol. 38, No.4, 2006, pp. 327-338.

AFTE Committee for the Advancement of the Science of Firearm & Toolmarks Identificatiqn, " The Response of the Association of Firearm and Tool Mark Examiners to the National Academy of Sciences 2008 Report Assessing the Feasibility, Accuracy, and Technical Capability of a National Ballistics Database August 20, 2008," AFTE Journal, Vol. 40, No. 3, 2008, pp.234- 244

USA0_026004 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 20 of 177

7-1 (Riv. 7-10-0~)

2501 Investigation Par1cway Quantico, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: January 30, 2008 CT-8 SA Ronald R. Peterman, Jr. Case ID No.: 70A-WF-237079

Lab No.: 071126014 POUX

Reference: Communication dated November 21, 2007

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: November 26, 2007

The following specimens were received in the Firearms/Toohnarks Unit for examination:

QI Bullet (1B7, E4251547)

Q2 Metal core fragment (lBlO, E4251550)

Q3 Bullet (1B8, E4251548)

Q4 Bullet fragment (1B8, E4251548)

Q5-Q7 Three (3) bullet jacket fragments (1B8, E4251548)

Q8 Metal core fragment (IB8, E4251548)

Q9 Metal fragment (1B8, E4251548)

Ql0-Ql2 Three (3) cartridge cases (1B8, E4251548)

Page 1of10

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Q13-Q14 Two (2) bullet jacket fragments (lB4, E4251544)

Q15 Metal fragment (1B4, £4251544)

Q16-Q26 Eleven (11) metal fragments (1B4, E4251544)

Q27 Bullet jacket fragment (1B85, E03952478)

Q28-Q32 Five (5) metal fragments (1B85, E03952478)

Q33 Debris(lB85,E03952478)

Q34 Metal Fragment (1B85, E03952478)

Q35 Debris (1B85, E03952478)

Q36-Q37 Two (2) bullet jacket fragments (1B85, E03952478)

Q38-Q39 Two (2) bullet jacket fragments (1B3, E4251543)

Q40-Q41 Two (2) bullet jacket fragments (1B9, E4251549)

Q42 Bullet (1B6, E4251546)

Q43 Cartridge case (1B6, E4251546)

Q44-Q49 Six (6) cartridge cases (lBl I, E4251552)

Q51-Q54 Four (4) bullets (lBl, E4251541)

Q55 Debris (lBl, E4251541)

Q56-Q85 Thirty (30) cartridge cases {lBl, E4251541)

Q86 Cartridge case with bullet ( 1B1, E4251541)

Q90 Steering wheel (1B84, E04041712)

Q91 Tire with rim (1B60, £4252457)

Page 2of10

071126014 POUX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 22 of 177

Q92 Tire (1B61, E4252458)

Q93 Radiator (1B59, E4252456)

Q94-Q98 Five (5) cartridge cases (1B2, E4251542)

Q99-Q103 Five (5) cartridge cases (1B2, E4251542)

Kl Colt rifle, Serial Number W350061 (1B13, E04039767)

K2 Colt rifle, Serial Number W356132 (1B14, E04039768)

K3 FN machine gun, Serial Number C09619 (1B15, E04039769)

K4 FN machine gun, Serial Number C09607 (1B16, E04039770)

KS FN machine gun, Serial Number Cl0360 (IBI 7, E04039771)

K6 Colt rifle, Serial Number W359979, with grenade launcher (IBIS, E04039772)

K7 Colt rifle, Serial Number W355305, with grenade launcher (1B19, E04039773)

KS FN machine gun, Serial Number Cl0139 (1B20, E04039774)

K9 Knight's Armament rifle, Serial Number KA06034S (1B21, E04039775)

KIO Colt rifle, Serial Number W35206S, with grenade launcher (1B22, E04039776)

Kll Colt rifle, Serial Number W355095, with grenade launcher (1B23, E04039777)

K12 Colt rifle, Serial Number W353943 (1B24, E0403977S)

Kl3 Colt rifle, Serial Number W353959, with grenade launcher (1B25, E04039779)

K14 Colt rifle, Serial Number W353742 (I B26, E04039780)

Page 3 of IO

071126014 POUX

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K15 Colt rifle, Serial Number W349130 (1827, E04039781)

K16 Colt rifle, Serial Number W358570 (1828, E04039782)

K17 Colt rifle, Serial Number W353737 (1829, E04039783)

Kl8 Colt rifle, Serial Number W359162 (1830, E04039784)

K19 Colt rifle, Serial Number W350396 (I 831, E04039785)

K20 Colt rifle, Serial Number W354007 (1832, E04039786)

K21 Colt rifle, Serial Number W359793 (1833, E04039787)

K22 Colt rifle, Serial Number W352148 (1834, E04039788)

K23 Colt rifle, Serial Number W352075 (1835, E04039789)

K24 Colt rifle, Serial Number W352765 (1836, E04039790)

K25 Glock pistol, Serial Number 1ELW025US (1837, E03952465)

K26 Glock pistol, Serial Number GYZ487 (1838, E03952466)

K27 Glock pistol, Serial Number 1ELW258US {1B39, E03952467)

K28 FN machine gun, Serial Number Cl0759 (1840, E4252439)

K29 Colt rifle, Serial Number W359143 (1841, E4252440)

K30 Glock pistol, Serial Number 1EKU825US (1842, E03952468)

K31 Glock pistol, Serial Number 1EKD995US (1843, E03952469)

K32 Glock pistol, Serial Number EKX133US (1844, E03952470)

K33 Glock pistol, Serial Number GYZ495 (1845, E03952471)

K34 Glock pistol, Serial Number EKD599US (1846, E03952472)

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K.35 Glock pistol, Serial Number EKD728US (1B47, E03952473)

K.36 .Glock pistol, Serial Number 1EKX308US (1B48, E03952474)

K.37 Glock pistol, Serial Number EES487US (1B49, E03952475)

K38 FN machine gun, Serial NumberC09936 (IBSO, E4252441)

K39 FN machine gun, Serial Number C09672 (IBSI, E4252455)

K40 FN machine gun, Serial Number C09923 (1 B52, E4252454)

K41 FN machine gun, Serial Number C09599 (1B53, E4252453)

K42 FN machine gun, Serial Number C09757 (1B54, E4252552)

K43 FN machine gun, Serial Number C09736 (1B55, E4252451)

K44 FN machine gun, Serial Number C10764 (1B56, E4252450)

K45 FN machine gun, Serial Number C10141 (1B57, E4252442)

K46 Colt rifle, Serial Number W352331 (1B58, E4252449)

K47 Glock pistol, Serial Number EKD993US (1B62, E04041697)

K48 Glock pistol, Serial Number EKD657US (1 B63, E04041698)

K49 Glock pistol, Serial Number EKD662US (IB64, E04041699)

KSO Glock pistol, Serial Number IELW715US (IB65, E04041700)

K51 Glock pistol, Serial Number IELW574US (1B66, E03952476)

K52 Glock pistol, Serial Number 1ELW615US (IB67, E03952477)

K53 Colt rifle, Serial Number W353986 (1B68, E04039791)

K54 Colt rifle, Serial Number W359873 (1B69, E04039792)

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K55 Colt rifle, Serial Number W358599 (1B70, E04039793)

K56 Colt rifle, Serial Number W353758 (IB71, E04039794)

K57 Colt rifle, Serial Number W349842 (1B73, E04039795)

K58 Colt rifle, Serial Number W354043 (1B74, E04039796)

K59 Glock pistol, Serial Number 1ELW785US (1B74, E04041701)

K60 Glock pistol, Serial Number 1ELW345US (1B75, E04041702)

K61 Glock pistol, Serial Number EKD481US (1B76, E04041704)

K62 Glock pistol, Serial Number 1EKX521 US (1B77, E04041705)

K63 Glock pistol, Serial Number 1EKX480US (1B78, E04041706)

K64 Glock pistol, Serial Number 1EKX35 l US (1 B79, E0404 l 707)

K65 Glock pistol, Serial Number EES594US (1 B80, E0404 l 708)

K66 Glock pistol, Serial Number 1ELW614US (1B81, E04041709)

K67 Glock pistol, Serial NumberGYZ484 (1B82, E04041710)

K68 ·Glock pistol, Serial Number 1EKX548US (1B83, E0404171 l)

The results of the firearm and gunshot residue examinations are included in this report.

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Results of Examinations:

Bullets, Bullet Fragments, Bullet Jacket Fragments, Bullet Core Fragments, Metal Fragments and Debris:

Specimens Q 1, Q3, Q42, and Q5 l through Q54 are .30 caliber (7 .62mm) bullets and specimen Q4 is a .30 caliber (7.62mm) bullet fragment. These specimens were fired from a barrel rifled with four (4) grooves, right twist. Specimens Q6, Q27, Q36 and Q37 are bullet jacket fragments. The Ql, Q3, Q42, and Q51 through Q54 bullets, Q4 bullet fragment, and the Q6, Q27, Q36 and Q37 bullet jacket fragments have marks of value or limited marks of value for comparison purposes; however, there was not sufficient correspondence in the individual microscopic marks of value to determine if they were fired from the same barrel or from the barrel(s) of the .308 Winchester caliber (7.62x5lmm) rifles (K8, K28, K38, K40, K44 and K45). Further, due to differences in class characteristics, the Ql; Q3, Q42, and Q5 l through Q54 bullets, Q4 bullet fragment, and the Q6, Q27, Q36 and Q37 bullet jacket fragments were . excluded as having been fired from the barrel of the K9 rifle, the 9mm Luger (9x 19) pistols (K25 through K27, K30 through K37, K47 through K52, K59 through K68), or the .223 Remington caliber (5.56x45mm) rifles (Kl through K7, KIO through K24, K29, K39, K41 through K43, K46, K53 through K58).

Specimens Q38 and Q39 are bullet jacket fragments that exhibit limited marks of value for comparison purposes; however, there was not sufficient correspondence in the individual microscopic marks of value to determine if the Q38 and Q39 bullet jacket fragments were fired from the same barrel, from the barrel of the K9 rifle, or from the barrel(s) of any of the .223 Remington caliber (5.56x45mm) rifles (Kl through K7, KIO through K24, K29, K39, K41 through K43, K46, K53 through K58). Further, due to differences in class characteristics, the Q38-and Q39 bullet jacket fragments were excluded as having been fired from the barrel of the .308 Winchester caliber (7.62x5lmm) rifles (KS, K28, K38, K40, K44 and K45), the 9mm Luger (9xl9mm) pistols (K25 through K27, K30 through K37, K47 through K52, K59 through K68), or from the same barrel(s) as the QI, Q3, Q42, and Q51 through Q54 bullets, Q4 bullet fragment, and the Q6, Q27, Q36 and Q37 bullet jacket fragments.

Specimens Q2, Q5, Q7 through Q9, Q13 through Q26, Q28 through Q35, Q40, Q41 and Q55 are metal fragments, bullet jacket fragments, bullet core fragments and debris that exhibit no marks of value for comparison purposes.

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7.62x39mm Cartridee Cases:

Specimens QIO through Ql2, Q65 through Q69, Q76, Q79 through Q82 and Q85 are 7.62x39mm cartridge cases that exhibit a Norinco, a Yugoslavian and unknown headstamps. Specimen Q86 is a 7.62x39mm cartridge case that exhibits an unknown headstamp with a .30 caliber (7.62mm) bullet inserted into the mouth of the cartridge case. The QIO through Q12, Q65 through Q69, Q82 and Q86 cartridge cases exhibit damage consistent with having been discharged in a firearm. The Q76, Q79 through Q8 l and Q85 cartridge cases exhibit damage that exceeds that which is expected from having been discharged in a firearm. The QlO through Ql2, Q65 through Q69, Q76, Q79 through Q82 and Q85 cartridge cases were not microscopically examined per conversation with SA Ronald R. Peterman Jr on 12/11/2007 .

•308 Winchester caliber (7.62x51mm) Cartridee Cases:

Specimens Q43, Q74, Q75 and Q99 through Q103 are .308 Winchester caliber (7.62x5lmm) cartridge cases that exhibit unknown headstamps. The Q43 and Q99 through Q103 cartridge cases were identified as having been fired in the K40 rifle. The Q74 and Q75 cartridge cases were identified as having been fired in the K28 rifle .

•223 Remin&fon caliber (5.S6x4Smm) Cartridt:e Cases:

Specimens Q44 through Q49, Q70 through Q73 and Q94 through Q98 are .223 Remington caliber (5.56x45mm) cartridge cases that exhibit Lake City Ordinance headstamps. The Q44 cartridge case was identified as having been fired in the Kl I rifle. The Q45 and Q47 through Q49 cartridge cases were identified as having been fired in the Kl2 rifle. The Q94, Q96 and Q97 cartridge cases were identified as having been fired in the K22 rifle. The Q98 cartridge case was identified as having been fired in the K6 rifle.

The Q46, Q70 through Q73 and the Q95 cartridge cases exhibit marks of value and limited marks of value for comparison purposes; however, there was not sufficient correspondence in the individual microscopic marks of value to determine if the Q46, Q70 through Q73 or Q95 cartridge cases were fired in the same firearm or in any of the .223 Remington caliber (5.56x45mm) rifles (Kl-K7, Kl O-K24, K29, K39, K4 l-K43, K46, K53-K58).

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9mm Luger (9x19mm) Cartridge Cases:

Specimens Q56 through Q64 are 9mm Luger (9x 19mm) cartridge cases that exhibit Federal, Winchester, Sellier & Bellot and unknown headstamps. The Q56 and Q57 cartridge cases were identified as having been fired in the same fireann and the Q62 and Q63 cartridge cases were identified as having been fired in the same fireann. There was not sufficient agreement in the individual microscopic marks of value to determine if the Q56 and Q57 cartridge cases, Q62 and Q63 cartridge cases, Q59 cartridge case or Q64 cartridge case were fired in the same firearm or in any of the 9mm Luger (9xl9mm) pistols (K.25 through K.27, K30 through K37, K47 through K52, K59 through K68). The class characteristics exhibited on the Q56, Q57, Q59 and Q62 through Q64 cartridge cases are consistent with Glock and Smith & Wesson pistols.

The Q58, Q60 and Q61 cartridge cases were identified as having been fired in the same firearm; however, due to differences in class characteristics, they are excluded as having been fired in the 9mm Luger (9xl9mm) pistols (K.25 through K.27, K30 through K37, K47 through K52, K59 through K68) or in the same firearm(s) as the Q56, Q57, Q59, or Q62 through Q64 cartridge cases.

7.62x54R Cartridge Cases:

Specimens Q77, Q78, Q83 and Q84 are 7.62x54R cartridge cases that exhibit unknown headstamps and were not microscopically examined per conversation with SA Ronald R. Peterman Jr on 12/1112007.

Steering Wheel, Tires and Radiator:

Specimen Q90 is a steering wheel that exhibits five (5) areas of damage that are visually and chemically consistent with bullet impacts. Further, a metal bullet core fragment was found in one of the defects.

Specimen Q91 is a tire and rim that exhibit damage on the tire. The damaged area was visually and chemically tested for residues consistent with a bullet impact. No residues were found. Further, the Q91 tire was x-rayed and two metal fragments were found. These fragments chemically tested negative for copper and lead, and one of the metal fragments is morphologically inconsistent with a bullet fragment. There was nothing found to indicate that the Q9 l tire was shot.

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Si)ecimen Q92 is a tire that exhibits a hole. The hole was visually examined and chemically processed for the presence of residues that are consistent with the passage of a bullet. No residues were found. Further, the Q92 tire was x-rayed and a metal fragment was found. The metal fragment tested negative for copper and lead, and is morphologically inconsistent with a bullet fragment Nothing was found to indicate that the Q92 tire was shot

Specimen Q93 is a radiator that exhibits a hole. Due to the repair of the damaged area of the Q93 radiator, no forensic examination were conducted.

Firearms

Specimens K25 through K27, IGO through K37, K47 through K52 and K59 through K68 are 9mm Luger (9x l 9mm) Glock pistols, .Model 19. These pistols functioned normally when test fired in the FBI Laboratory. Test-fired specimens will be maintained in the FBI Laboratory for any future comparison purposes.

The Kl through K24, K28 through K29, K38 through K46 and K53 through K58 rifles were examined by the FBI Firearms and Toolmarks Unit Examiner's Erich Smith, John Webb and Doug Murphy. Test-fired specimens were obtained from these Examiner's for the comparison examinations, and will be maintained in the FBI Laboratory for any future comparison purposes.

Remarks:

This concludes the examinations in the Firearmsffoolmarks Unit. The submitted items will be returned under separate cover by the Laboratory's Evidence Control Unit.

For questions regarding the content of this report, please contact Examiner Brandon Giroux at (703) 632-7234. For questions regarding the status of the submissions, please contact Request Coordinator Shannon Ruminski at (703) 632-8801.

Brandon Giroux Firearms!Toolmarks Unit

This report contains the opinions/interpretations of the examiner(s) who issued the report.

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For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 30 of 177

7-l~Rev. 7-IQ-06)

2501 Investigation Parkway Quantico, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: March 19, 2008 CT-8 SA Ronald R. Peterman, Jr. Case ID No.: 70A-WF-237079

• Lab No.: 071126014 POUX

Reference: Communication dated November 21, 2007

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: November 26, 2007

The following specimens were received in the Fireannsffoolmarks Unit for examination:

Q104-Ql05 Grenade cartridge cases from Nisur Square (1 B2, E4251542)

Ql06-Ql07 Two (2) smoke canisters from Nisur Square (1B2, E4251542)

Q108 Spoon from Nisur SqlIB!e (182, E4251542)

Q109 Pin from Nisur Square (182, E4251542)

The results of the firearms examinations are included in this report.

Page 1 of 2

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 31 of 177 .. . .

Results of Examinations:

Specimens Q 104 and Q 105 are 40 mm grenade cartridge cases. The Q 104 cartridge case was identified as having been fired from the K6 grenade launcher. The Ql05 cartridge case has marks of value for comparison purposes; however, there was not sufficient agreement in the individual microscopic marks of value to determine ifthe Q105 cartridge case was fired from the same grenade launcher as specimen Q104, or from the K6, K7, KIO, Kl 1 or K13 grenade launchers.

No examinations were performed on the Q106 or QI07 smoke canisters, the Q108 spoon or Q 109 pin.

Remarks:

The results of the examinations of specimens QI through Q49, Q51 through Q86, Q90 through Ql03 and Kl through K68 are the topic of the report dated January 30, 2008.

This concludes the examinations in the Firearmsffoolmarks Unit. The submitted items will be returned under separate cover by the Laboratories Evidence Control Unit.

Brandon Giroux Firearms/Toolmarks Unit

Technical Reviewer: ------Date: ------Administrative Reviewer: Date: ------~ ------

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 2 of2

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7-1 (R~. 7-10-06),

2501 Investigation Parkway Quantico, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: April 23, 2008 CT-8 SA Ronald R Peterman, Jr. Case ID No.: 70A-WF-237079

Lab No.: 080410018 POUX 071126014 POUX

Reference: Communications dated April 10, 2008 and November 21, 2007

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: April 10, 2008 and November 26, 2007

The following specimens were received in the Firearms/Toolmarks Unit for examination:

Specimens received under Laboratory Number 071126014 PO UX, communication dated November 21, 2007:

QI Bullet (1B7, E4251547)

Q3 Bullet (1B8, £4251548)

Q4 Bullet fragment (1B8, £4251548)

Q6 Bullet jacket fragment (1B8, £4251548)

Q27 Bullet jacket fragment (1B85, E03952478)

Q36-Q37 Two (2) bullet jacket fragments (1B85, £03952478)

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Q38-Q39 Two (2) bullet jacket fragments (183, E4251543)

Q42 Bullet (186, E4251546)

Q51-Q54 Four (4) bullets (181, E4251541)

Kl Colt rifle, Serial Number W350061 (1813, E04039767)

K2 Colt rifle, Serial Number W356132 (1814, E04039768)

K3 FN machine gun, Serial Number C09619 (1815, E04039769)

K4 FN machine gun, S~ial Number C09607 (1816, E04039770)

KS FN machine gun, Serial Number C10360 (1817, E04039771)

K6 Colt rifle, Serial Number W359979, with grenade launcher (1818, E04039772)

K7 Colt rifle, Serial Number W355305, with grenade launcher (1819, E04039773)

K8 FN machine gun, Serial Number C10139 (1820, E04039774)

K9 Knight's Armament rifle, Serial Number KA060348 (1821, E04039775)

KIO Colt rifle, Serial Number W3 52068, with grenade launcher (1822, E04039776)

Kll Colt rifle, Serial Number W355095, with grenade launcher (1823, E04039777)

Kl2 Colt rifle, Serial Number W353943 (1824, E04039778)

K13 Colt rifle, Serial Number W353959, with grenade launcher (1B25,E04039779)

Kl4 Colt rifle, Serial Number W353742 (1826, E04039780)

K15 Colt rifle, Serial Number W349130 (1827, E04039781)

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K16 Colt rifle, Serial Number W358570 (1B28, E04039782)

K17 Colt rifle, Serial Number W353737 (IB29, E04039783)

K18 Colt rifle, Serial Number W359162 (1B30, E04039784)

K19 Colt rifle, Serial Number W350396 (1B31, E04039785)

K20 Colt rifle, Serial Number W354007 (1B32, E04039786)

K21 Colt rifle, Serial Number W359793 (1B33, E04039787)

K22 Colt rifle, Serial Number W352148 (1B34, E04039788)

K23 Colt rifle, Serial Number W352075 (1B35, E04039789)

K24 Colt rifle, Serial Number W352765 (1B36, E04039790)

K25 Glock pistol, Serial Number 1ELW025US (1B37, E03952465)

K26 Glock pistol, Serial Number GYZ487 (1B38, E03952466)

K27 Glock pistol, Serial Number IELW258US (1B39, E03952467)

K28 FN machine gun, Serial Number C10759 (1B40, E4252439)

K29 Colt rifle, Serial Number W359143 (1B41, E4252440)

K30 Glock pistol, Serial Number 1EKU825US ( 1B42, E03952468)

K31 Glock pistol, Serial Number IEKD995US (1B43, E03952469)

K32 Glock pistol, Serial Number EKX133US (1B44, E03952470)

K33 Glock pistol, Serial Number GYZ495 (1B45, E03952471)

K34 Glock pistol, Serial Number EKD599US (1B46, E03952472)

K35 Glock pistol, Serial Number EKD728US (1B47, E03952473)

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K36 Glock pistol, Serial Number 1EKX308US (1B48, E03952474)

K37 Glock pistol, Serial Number EES487US (1B49, E03952475)

K38 FN machine gun, Serial Number C09936 (1B50, E4252441)

K39 FN machine gun, Serial Number C09672 (1B51, E4252455)

K40 FN mach.ine gun, Serial Number C09923 (1B52, E4252454)

K41 FN machine gun, Serial Number C09599 (1B53, E4252453)

K42 FN machine gun, Serial Number C09757 (1B54, E4252552) K43 FN machine gun, Serial. Number C09736 (1B55, E4252451) K44 FN machine gun, Serial Number C10764 (1B56, E4252450)

K45 FN machine gun, Serial Number C10141 (1B57, E4252442)

K46 Colt rifle, Serial Number W352331 (1B58, E4252449)

K47 Glock pistol, Serial Number EKD993US (1B62, E04041697)

K48 Glock pistol, Serial Number EKD657US (IB63, E04041698)

K49 Glock pistol, Serial Number EKD662US (1B64, E04041699)

KSO Glock pistol, Serial Number 1EL W71 SUS ( 1B65, E04041700)

KSl Glock pistol, Serial Number 1ELW574US (1B66, E03952476)

K52 Glock pistol, Serial Number 1ELW615US (IB67, E03952477)

K53 Colt rifle, Serial Number W353986 (1B68, E04039791)

K54 Colt rifle, Serial Number W359873 (1B69, E04039792)

KSS Colt rifle, Serial Number W358599 (1B70, E04039793)

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K56 Colt rifle, Serial Number W353758 (1B71, E04039794)

K57 Colt rifle, Serial Number W349842 (1B73, E04039795)

K58 Colt rifle, Serial Number W354043 (1B74, E04039796)

K59 Glock pistol, Serial Number 1ELW785US (1B74, E04041701)

K60 Glock pistol, Serial Number 1ELW345US (1B75, E04041702)

K61 Glock pistol, Serial Number EKD481 US ( 1B76, E04041704)

K62 Glock pistol, Se~al Number 1EKX521 US (1B77, E04041705)

K63 Glock pistol, Serial Number 1EKX480US (1B78, E04041706)

K64 Glock pistol, Serial Number 1EKX351US (1B79, E04041707)

K65 Glock pistol, Serial Number EES594US (1B80, E04041708)

K66 Glock pistol, Serial Number 1ELW614US (1B81, E04041709)

K67 Glock pistol, Serial Number GYZ484 (1B82, E04041710)

K68 Glock pistol, Serial Number 1EKX548US (1B83, E04041711)

Specimens received under Laboratory Number 080410018 PO UX, communication dated April 10, 2008:

ITEMS RECOVERED FROM BLUE SUZUKI

Ql12 Bullet jacket fragment (Item 1)

Q113-Q116 Four (4) metal fragments (Items 2 -5)

ITEMS RECOVERED FROM WHITE CHEVROLET CELEBRITY

Q117 Bullet jacket fragment (Item 1)

Q118-Ql19 Two (2) metal fragments (Items 2-3)

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Q120 Bullet jacket fragment (Item 4)

ITEMS RECOVERED FROM WHITE KIA

Q121 Bullet jacket fragment (Item 1)

ITEMS RECOVERED FROM WHITE VW CADDY

Ql22 Bullet jacket fragment {Item 1)

Q123 Bullet jacket fragment (Item 2)

Q124 Bullet core fragment (Item 2)

Q125 Bullet jacket fragment (Item 3)

Q126 Bullet core fragment (Item 3)

Ql27 -Q130 Four (4) bullet jacket fragments (Item 4)

Ql31 Bullet jacket fragment (Item 5)

Q132 Metal fragment (Item 6)

Ql33 - Q135 Three (3) bullet jacket fragments (Item 7)

Q136-Q137 Two (2) bullet jacket fragments (Item 8)

Ql38 - QI43 Six (6) metal fragments (Item 9)

Ql44- Q147 Four (4) metal fragments (Item 10)

QI48 Bullet jacket fragment (Item IO)

ITEMS RECOVERED FROM WHITE OPEL OMEGA

Ql49 - Ql55 Seven (7) bullet jacket fragments (Items 1 and 2)

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ITEMS RECOVERED FROM RED HYUNDAI

Ql56- Q157 Two (2) bullet jacket fragments (Item 1)

Q158 - Ql65 . Eight (8) metal fragments (Item 1)

Ql66 Bullet jacket fragment (Item 1)

Q167-Q169 Three (3) metal fragments (Items 2 - 4)

Q170 Bullet jacket fragment (Item 4)

Ql71 - Ql72 Two (2) metal fragments (Item 5)

Q173 Bullet jacket fragment (Item 6)

QI 73.l Cardboard and fabric square (Item 6)

ITEMS RECOVERED FROM WIDTE NISSAN TRUCK

Q174 Bullet jacket fragment (Item 1)

ITEMS RECOVERED FROM BLACK/SILVER SUBURBAN

Q175 Debris (Item I)

QI76 Metal fragment (Item 2)

Q177-Q178 Two (2) bullet jacket fragments· (Item 3)

The results of the firearm and gunshot residue examinations included in this report.

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. .

Results of Examinations:

Specimens QI I2, QI I7, QI20 through QI23, QI25, QI27 through QI3I, Q133 through Q137, Q148 through QI57, Ql66, Q170, QI73, Ql74, QI77 and QI78 are bullet jacket fragments. The QI I 2, QI 20 through QI 22, QI 27 through Q 13 I, Q 133 through Q 13 7, Q 148 through QI57, QI66, QI 70, QI74 and QI77 bullet jacket fragments have no marks of value for comparison purposes. The QI I7, Q123, QI25, Q173 and QI78 bullet jacket fragments have limited marks of value for comparison purposes; however, there was not sufficient agreement in the individual microscopic marks of value to determine if they were fired from the same barrel, from the same barrel(s) as specimens Q38 and Q39, or from the barrel of any ofthe .223 Remington caliber (5.56x45mm) rifles (Kl through K7, KIO through K24, K29, K39, K41 through K43, K46 and K53 through K58). Due to differences in the class characteristics, the QI 17, Ql23, Q125, QI73 and Ql78 bull~tjacket fragments were excluded as having been fired from the barrels of the K8, K9, K28, K38, K40, K44 or K45 rifles, the 9mm Luger (9xI9mm) pistols (K25 through K27, K30 through K37, K47 through K52, K59 through K68) or from the same barrel as specimens QI, Q3, Q4, Q6, Q27, Q36, Q37, Q42 or Q51 through Q54.

Specimens QI 13 through Ql 16, QI I8 through Ql 19, Q132, Q138 through Q143, Ql44 through Ql47, QI58 through QI65, Q167 through Q169, Qt 71 through Q172 and QI76 are metal fragments that have no marks of value for comparison purposes.

Specimens Q 124 and Q 126 are bullet core fragments that have no marks of value for comparison purposes.

Specimen QI 75 is debris that has no marks of value for comparison purposes.

Specimen Q 173.1 is a cardboard and fabric square. The damaged area of the Q 173 cardboard and fabric square was tested for the presence of residues that would be consistent with a bullet impact. None were found.

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Remarks:

Additional results of examinations performed on specimens Q1 through Q49 and QS 1 through Q86, Q90 through Q103 and Kl through K68 are the topic of the report dated January 30, 2008.

This concludes the examinations performed in the Firearrnsffoolmarks Unit. The submitted items will be returned under separate cover by the Laboratory's Evidence Control Unit.

Brandon Giroux Firearmsffoolmarks Unit

Technical Reviewer: Date: ~~~~~~~~~~~~~~~-

Administrative Reviewer: Date: ~~~~~~~~~~~~~~

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 9 of9

080410018 POUX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 41 of 177 I' 7-1 (Rev. 7-10-06) 0.Pit&

2501' Investigation Parkway ~ , FBI Laboratory Quantico, Virginia 22135 ...,,. ~ 11~ REPORT OF EXAMINATION

To: Washington Field Date: July 28, 2009 q CT-8 . ,, ~£_, SA John Patarini CaseIDNo.; 70A-WF-237079.

Lab No.: 071126014 POUX

Reference: Commuliication dated November 21, 2007

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQlJARE T!tAFFIC CiRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: November 26, 2007

The following specimen was received in the Fitearms!Ioolmarks Unit for additional ·examinations.

lb.e results of the additional firearm examinations are included in this report.

Page 1 of2

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 42 of 177 ;

. Results ofExamination:

Remarks:

This report supplements a report issued under the same Lnboratory Number on January 30, 2008. The submitted item will be returned under separate cover by the Laboratory's Evidence Control Unit upon completion of all examinations.

For questions regarding the content of this report, please contact Examiner Brandon Giroux at (703) 632-7234. For questions regarding the status of the submitted items, please contact Request' Coordinator Shannon Ruminski at (703) 632-8801.

Brandon Giroux Firearmstroolmarks Unit

This report contains the opinionstinterptetations of the examiner(s) who issued the report.

Page2 of2

071126014 POUX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 43 of 177

1-f •·. 7-10-06)

REPORT OF EXAMINATION

To: Washington Field Date: August 19, 2008 CT-4 SA Thomas F. O'Connor Case ID No.: 70A-WF-237079

Lab No.: 08080500 I PO UX

Reference: Communication dated August 6, 2008

Your No.:

Title: SHOOTING INCIDENT; NISUR SQUARE BAGHDAD IRAQ SEPTEMBER 16, 2007

Date specimens received: August 5, 2008

The following specimens were received in the Firearms/Toolmarks Unit for examination.

Q179-Q228 Fifty cartridges

Q229-Q230 Two grenades

Q231-Q250 Twenty cartridges

The results of the firearms examinations are included in this report.

Page 1 of2

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 44 of 177

Results of Examinations:

No examinations were conducted in the FirearmstToolmarks Unit as per e-mail communication with SA Thomas F. O'Connor on August 19, 2008.

Remarks: This concludes the examinations performed in the FirearmstToolmarks Unit. The submitted specimens will be returned to the Laboratory's Evidence Control Unit for further analysis.

Brandon Giroux Firearmsffoolmarks Unit

Technical Reviewer: Date: ------~ ------Administrative Reviewer: ------Date: ------

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 2 of2

080805001 POUX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 45 of 177

. 7-10-06)

2501 Investigation Quantico, Virginia

REPORT OF EXAMINATION

To: Washington Field Date: August 31, 2009 CT-4 SA Thomas F. O'Connor Case ID No.: 70A-WF-237079

Lab No.: 090724003 PO UX 080410018 POUX 071126014 POUX

Reference: Communications dated July 22, 2009, Apri I I 0, 2008 and November 21, 2007

Your No.:

Title: SHOOTING INCIDENT; NISUR SQUARE BAGHDAD IRAQ SEPTEMBER t 6, 2007;

Date specimens received: July 24, 2009, April l 0, 2008 and November 26, 2007

The following items were inventoried by the Laboratory's Evidence Control Unit and received in the Fireanns!foolmarks Unit:

Specimens received under Laboratory Number 090724003 PO UX, communication dated July 22, 2009:

Q254 Bullet jacket fragment from body (1Bl25, £4374369)

Q255-Q259 Metal fragments from rear driver's headrest (lB126, £4374370)

Q260 Driver's side headrest (IBl27, E4374371)

Page I of9

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 46 of 177

Specimens received under Laboratory Number 071126014 POUX, communication dated November 11, 2007:

Ql Bullet (1B7, E4251547)

Q3 Bullet ( 1B8, E425 I 548)

Q4 Bullet fragment (1B8, E4251548)

Q6 Bullet jacket fragment (1B8, E4251548)

Q27 Bullet jacket fragment (1B85, £03952478)

Q36-Q37 Two (2) bullet jacket fragments (1B85, E03952478)

Q38-Q39 Two (2) bullet jacket fragments (IB3, E4251543)

Q42 Bullet (1B6, E4251546)

Q51-Q54 Four (4) bullets (lBJ, E4251541)

Kl Colt rifle, Serial Number W350061 ( 1B 13, E04039767)

K2 Colt rifle, Serial Number W356 l 32 (1B14, E04039768)

K3 FN machine gun, Serial Number C09619 (1B15, E04039769)

K4 FN machine gun, Serial Number C09607 (1816, E04039770)

K5 FN machine gun, Serial Number C 10360 (l B 17, £04039771)

K6 Colt rifle, Serial Number W359979, with grenade launcher (IB18, E04039772)

K7 Colt rifle, Serial Number W355305, with grenade launcher

Page 2 of9

090724003 PO lfX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 47 of 177

(1Bl9, E04039773)

KS FN machine gun, Serial Number C10139 (1B20, E04039774)

K9 Knight's Armament rifle, Serial Number KA060348 (1B21, E04039775)

KIO Colt rifle, Serial Numm;r W352068, with grenade launcher (1B22, E04039776)

Kl 1 Colt rifle, Serial Number W355095, with grenade launcher (1823, E04039777)

Kl2 Colt rifle, Serial Number W353943 ( 1B24, E04039778)

Kl3 Colt rifle, Serial Number W353959, with grenade launcher (I B25, E04039779)

Kl4 Colt rifle, Serial Number W353742 (1B26, E04039780)

K15 Colt rifle, Serial Number W349130 (1B27, E04039781)

K16 Colt rifle, Serial Number W358570 (I B28, E04039782)

K17 Colt rifle, Serial Number W353737 (1B29, £04039783)

K18 Colt rifle, Serial Number W359162 (1B30, E04039784)

K19 Colt rifle, Serial Number W350396 (I B31, E04039785)

K20 Colt rifle, Serial Number W354007 (1B32, E04039786)

K21 Colt rifle, Serial Number W359793 (1833, £04039787)

K22 Colt rifle, Serial Number W352148 (IB34, E04039788)

K23 Colt rifle, Serial Number W352075 (1 B35, £04039789)

Page 3 of9

090724003 PO UX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 48 of 177

K24 Colt rifle, Serial Number W352765 ( 1836. E04039790)

K.25 GJock pistol, Serial Number 1ELW025US (IB37, E03952465)

K.26 Glock pistol. Serial Number GYZ487 (l B38, £03952466)

K.27 Glock pistol, Serial Number IELW258US (JB39. E03952467)

K28 FN machine gun, Serial Number C10759 (IB40, E4252439)

K.29 Colt rifle, Serial Number W359143 (1B41. E4252440)

IGO Glock pistol, Serial Number IEKU825US (IB42, E03952468)

K31 Glock pistol, Serial Number 1EKD995US (JB43, E03952469)

K32 Glock pistol. Serial Number EKX133US (1B44, E03952470)

K33 Glock pistol, Serial N~mber GYZ495 (1B45, £03952471)

K34 Glock pistol, Serial Number EKD599US (I B46. E03952472)

K35 Glock pistol, Serial Number EKD728US (IB47, E03952473)

K36 Glock pistol, Serial Number IEKX308US (1B48, E03952474)

K37 Glock pistol. Serial Number EES487US (1 B49, £03952475)

K38 FN machine gun. Serial Number C09936 (lB50, E425244l)

K39 FN machine gun. Serial NumberC09672 (IBSI, E4252455)

K40 FN machine gun, Serial Number C09923 (I B52, E4252454)

K41 FN machine gun. Serial Number C09599 (1B53, E4252453)

K42 FN machine gun, Serial Number C09757 (I B54, £4252552)

Page 4 of9

090724003 PO UX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 49 of 177

K43 FN machine gun, Serial Number C09736 (1855, E4252451)

K44 FN machine gun, Serial Number C 10764 (I 856, E4252450)

K45 FN machine gun, Serial Number C10141 (1857, E4252442)

K46 Colt rifle, Serial Number W35233 l ( 1B58, E4252449)

K47 Glock pistol, Serial Number EKD993US ( 1B62, E0404 l 697)

K48 Glock pistol, Serial Number EKD657US (1 B63. E0404 l 698}

K49 Glock pistol, Serial Number EKD662US (1864, E04041699)

KSO Glock pistol, Serial Number 1EL W715US ( lB65, E0404 l 700)

K51 Glock pistol. Serial Number 1ELW574US (1B66, E03952476)

K52 Glock pistol, Serial Number 1ELW615US (IB67, £03952477)

K53 Colt rifle, Serial Number W353986 (1868, E04039791)

K54 Colt rifle, Serial Number W359873 (1869, E04039792)

K55 Colt rifle, Serial Number W358599 (I B70, E04039793}

K56 Colt rifle, Serial Number W353758 (1B71, E04039794)

K57 Colt rifle, Serial Number W349842 (1B73, E04039795}

K58 Colt rifle, Serial Number W354043 (1B74, E040397%)

K59 Glock pistol, Serial Number 1ELW785US (1B74, E04041701)

K60 Glock pistol, Serial Nwnber IELW345US (lB75. E04041702)

K61 Glock pistol, Serial Number EKD481US (1B76, E04041704)

Page 5 of9

090724003 PO UX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 50 of 177

K62 Glock pistol. Serial Number IEKX521US (1B77. E04041705)

K63 Glock pistol. Serial Number I EKX480US ( 1B78. E0404 l 706)

K64 Glock pistol, Serial Number 1EKX351US (1B79, E04041707)

K65 Glock pistol, Serial Number EES594US (1 B80, E04041708)

K66 Glock pistol, Serial Number 1ELW614US (1B81. E04041709)

K67 Glock pistol. Serial Number GYZ484 ( 1B82, E0404 l 710)

K68 Glock pistol, Serial Number 1EKX548US ( 1B83, E0404 l 7 l I)

Specimens received under Laboratory Number 080410018 POUX, communication dated April 10, 2008:

ITEMS RECOVERED FROM WHITE CHEVROLET CELEBRITY

QI 17 Bullet jacket fragment from driver's side door (Item 1)

ITEMS RECOVERED FROM WHITE VW CADDY

QI23 BuJlet jacket fragment from front passenger floor (Item 2)

Q125 Bullet jacket fragment from right rear passenger foot well (Item 3)

ITEMS RECOVERED FROM RED HYUNDAI

Ql73 Bullet jacket fragment from ceiling liner, driver's side (Item 6)

ITEMS RECOVERED FROM BLACK/SILVER SUBURBAN

Q178 Bullet jacket fragment from back of driver's side second row seat (Item 4)

The resuJts of the firearms examinations are included in this report.

Page 6 of9

090724003 PO UX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 51 of 177

Results of Examinations:

Specimen Q254 is a bullet jacket fragment that exhibits limited marks of value for comparison purposes. There was not sufficient agreement in the individual microscopic marks of value to determine if the Q254 bullet jacket fragment was fired from the same barrel as specimens QI, Q3, Q4, Q6, Q27, Q36, Q3 7, Q42 and Q5 I through Q54 or from the barrel of any of the .308 Winchester (7.62x51mm) rifles (KS, K.28, K.38. K40, K44 and K45) (Laboratory N\llTlber 071126014 PO UX). Due to differences in class characteristics, the Q254 bullet jacket .fragment was eliminated as having been fired from the same barrel as specimens Q38 and Q39 (Laboratory Number 071126014 POUX), specimens Ql 17, Ql23. Q125, Q173 and Ql78 (Laboratory Number 0804J0018 PO UX) or from the barrel of the K9 rifle, the 9mm Luger (9x l 9mm) pistols (K.25 through K27, K30 through K.37, K47 through K52, K59 through K68), or the .223 Remington (5.56x45mm) rifles (Kl through K7, KlO through K24, K29, K39, K41 through K43, K46 and K53 through K58)(Laboratory Number 071126014 POUX). Other rifles that exhibit general rifling characteristics similar to those present on the Q254 bullet jacket fragment are too numerous to list, but include various calibers, makes and models.

Page 7 of9

090724003 PO UX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 52 of 177

The Q255 through Q258 metal fragments and the Q259 debris exhibit no marks of value for comparison purposes.

Remarks:

Examinations of specimen Q260 will be performed by Examiner Doug Murphy and will be the topic of a future Report of Examination. This concludes the examinations perfonned on specimens Q254 through Q259. These submitted items wiU be returned under separate cover.by the Laboratory's Evidence Control Unit.

Brandon Giroux Firearms/Toolmarks Unit

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 8 of9

090724003 PO UX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 53 of 177

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 9 of9

090724003 PO UX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 54 of 177

! I .7-1 (Rev. 7-•o--06) I I'

25()1 Investigation Quantico, Virginia

I. REPORT OF EXAMINATION ' I To: Washington Field Date: Septelllber2,2009 CT-8 I SA Ronald R. Peterman, Jr. Cast; ID No.: 70A-WF-237079 _,,. J1tf.

Lab No.: 080805001 PO UX 080410018 POUX 071126014 POUX

Reference: Communication dated November 21, 2007, April 1O , 2008 and August 6~ 2008

Your No.:

Tide: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: November 26, 2007, April 10, 2008 and August 5, 2008 .

The following specimens were received in the Firearms!foolmarks Unit for additional examination:

The following specimens were received under Laboratory Number 071126014 POUX, communication dated November 21, 2007

Ql Bullet (1B7, E4251547)

Q2 Metal core fragment (IBIO, E4251550)

Q3 Bul,let (1B8, E4251548)

Q4 Bullet fragment (1B8, E4251548)

Page I of 6

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 55 of 177

I I I Q6 Bullet jacket fragment (1B8, E4251548)

I! Q8 Metal core fragment (1B8, E4251548) ! I Ql5 Metal fragment (1B4, E4251544) Q27 Bullet jacket fragment (1B85, E03952478)

Q36-Q37 Two (2) bullet jacket fragments (1 B85, E03952478)

Q38-Q39 Two (2) bullet jacket fragments (1B3, E4251543)

Q42 Bullet (1B6, E4251546)

Q51-Q54 Four (4) bullets (JBl, E4251541) r'~ f Q90 Steering wheel (1B84, E04041712) 1 The following specimens were received under Laboratory Number 080410018 PO UX, coDiJDUld~tion dated April 10, 2008:

ITEMS RECOVERED FROM WHITE CHEVROLET CELEBRITY

Q 117 Bullet jacket fragment (Item 1)

ITEM RECOVERED FROM WHITE VW CADDY

Q123 Bullet jacket fragment (Item 2)

Q124 Bullet cote fragment (Item 2)

Ql25 Bullet jacket fragment (Item 3)

Q 126 Bullet core fragment (Item 3)

ITEMS RECOVERED FROM RED HYUNDAI

Page2 of6

071126014 POUX

For Official Use OnJy Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 56 of 177

t I QI7J Bullet jacket fragment (Item 6) . I~ , ITEMS RECOVERED FROM BLACK/SILVER SUBURBAN

Q 178 Bullet jacket fragment (ltetn 3)

The following specimens were received under Laboratory Number 080805001 PO UX, coDUJln.ni~tion dated Augost 6, 2008:

Q231 Cartridge

The results of the additional fireamis exan:riliations are included in this report

Results of Examinations:

Specimen Q2, Q8, Ql24, Ql26 and the core fragment present in the Q90 steeriilg v.ileel are physically consistent with the steel penetrator tip that is present in the Q23 l bullet.

Specimen Q3 is a .30 caliber bullet that is-physically consistent with those loaded into 7.62x54R cartridges manufactured by/for a Chinese manufacture. The Q3 bullet could not be excluded as having been fired from the KS, K.28, K38, K40, K44 and K45 ritle barrels. Other firearms that exhibit general rifling characteristics like those present on the Q3 bullet includes numerous .30 caliber rifles. The FBI's General Rifling.Characteristics (GRC) file does not contain any firearms that are chambered for 7 .62x54R that exhiblt general rifling characteristics like those present on the Q3 bullet.

The Q4 bullet fragment and QS l and QS2 bullets are physically consistent with one another and are consistent with bullets that are loaded into various 7.62x39mm cartridges, including those manufactured by/for Russian, German and Korean.manufacturers.

The Q4 bullet fragment could not be excluded as having been fired from the KS, K28, K.38, K40, K44 and K45 rifle barrels. Other firearms that exhibit general rifling characteristics like those present on the Q4 bullet :fragment include numerous .30 caliber rifles.

The Q6 bullet jacket :fragment could not be excluded as having been fired from the K8, K28, K.38, K40, K44 and K45 rifle barrels. Other fireanns that exhibit general rifling characteristics like those present on the Q6 bullet jacket fragment are too numerous to list, but includes various calibers, makes and models.

Page3 of6

071126014 POUX

For Official Use Only

·• i• Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 57 of 177

Specimen Q 15 is physically consistent with the tungsten alloy core that is present in the .30 caliber bullet that is loaded into the M993 cartridge. As stated in the Report of Examination dated July 28, 2009 (Laboratory Number 071126014 POUX), the Ql bullet is physically consistent with those loaded into the M993 cartridge.

The Q27 bullet jacket fragment could not be eliminated as having been fired from the K8, 1<28, K.38, K40, K44 and K45 rifle barrels. Other fireatms that exhibit general rifling characteristics like those present on the Q27 bullet jacket fragment are too numerous to list; but include various calibers, inakes and models.

The Q36 bullet jacket :fragment could not be eliminated as having been fired :from the K8, K28, K.38, K40, K44 and K45 rifle barrels. Other firearms that exhibit general rifling characteristics like those present on the Q36 bullet jacket fragment are too numerous to list, but include various calibers, makes and models.

The Q37 bullet jacket fragment could not be eliminated as having been fired form the KS, K28, K.38, K40, K44 and K45 rifle barrels. Other firearms that exhibit general rifling characteristics like those present on the Q37 bullet jacket fragment are too nilmerous to list, but include various calibers, _makes and models.

The Q38 and Q39 bullet jacket fragments could not be eliminated as haviJ;ig been fired from the Kl through K7, K9 through K24, K29~ 109, K41 through K43, K46 and K53 through K58 rifle barrels. Other firearms that exhibit general ri.fl.itlg characteristics like those present on the Q38 and Q39 bullet jacket fragment::; are too numerotl$ to list, but include varjous caUbers, ·makes and models.

Specimen Q42 is a .30 caliber bullet that is consistent in size and weight with those loaded into 7.62x39mm cartridges. The Q42 bullet could no! be eliminated as having been fired from the K8, K28, K38, K40, K44 and K45 rifle barrels. Other firearms that exhibit general rifling characteristics like those present on the Q42 bullet include numerous .30 caliber rifles.

The Q5 l bullet could not be eliminated as having been fired from the K8, K28, K38, K40, K44 and K45 rifle barrels. Other firearms that exhibit general rifling characteristics like those present on the QS 1 bullet include numerous .30 caliber rifles.

The Q52 bullet could not be eliminated as having been fired from the K8, K.28, K.38, K40, K44 and K45 rifle barrels. Other fireanns that exhibit general rifling characteristics like those present on the Q52 bullet include numerous .30 caliber rifles.

Page 4of6

071126014 POUX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 58 of 177

. Specimens Q53 and Q54 are .30 caliber bullets that are consistent in size and weight with those loaded into 7 .62x39mm cartridges. The Q53 and Q54 bullets could not be eliminated as having been fired in the KS,1<29. l<.39~ KAO, K44 andK45 rifle barrels. Other firearms that exhibit general rifling characteristics like those present on the Q53 and Q54 bullets include numerous .30 caliber rifles.

The specimen Qll 7, Ql23, Ql25, QI 73 and Ql 78 bullet jacket fragments could not be eliminated as having been fired from the Kl through K7, K9through1<24, K29, K39, K41 through K43, K46 and K53 through K58 rifle banels. Other firearms that ~xhibit general rifling characteristics like those present on the QU 7, Ql23, Ql25, Ql 73 and Ql 78 bullet jacket fragments are too numerous to list; but include varioUs calibers, makes .and models.

Remarks:

This report .supplemen,ts the Laboratory Report issued under Laborato:ry Number, 071126014 PO UX on January 30, 2008 and the Laboratory Report issued under Laboratory Number 0804100018 POUX on April 23, 2008. The submitted items will be returned under separate cover by the Laboratory's Evidence Control Unit upon completion of all examinations.

For questions regarding the content of this report, please contact Examiner Brandon Giroux at (703) 632-7234. For questions.regarding the status ofth.e submitted item~ please contact Request Coordinator Shannon Ruminski at (703) 632-8801,

Brandon Giroux Fitearms/Toolmatks Unit

This report contains the opinions/interpretations ofth.e examiner(s) who issued the report.

Page 5of6

071126014 POUX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 59 of 177

i l I l' l, 'J ;; II I,'I c

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 6of6

071'126014 POUX

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 60 of 177

7-1 (Rw. 1-10-06)

I I 2501 Investigation Quantico, Virginia

\ REPORT OF EXAMINATION

To: Washington Field Date: Septem.ber2,2009 CT-4 SA Thomas F. O'Co.nnor · CaseIDNo.: 70A-WF-237079-a'l.5

Lab No.: 080410018 PO UX

Reference: Communication dated April 10, 2008

Your No.: l Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ II t September 16, 2007 ~ ! l Date specimens received: April 10, 2008 i I ! Rematk.s: i I

The original Report of Examln~tiQn tfuJt was issued ~n April ;23, 2008 stated that specimens Q112, Ql20, Ql21, QI27 through Ql31, Q134 through Ql37 and Ql48 through Ql55 were bullet jacket fragments. It is more accurate to describe these items as metal fragments that are physically consistent with bullet jacket fragments. For questions regarding the content of this report, please contact Examiner Brandon Giroux at(703) 632-7234.

Brandon Giroux Fireannslfoolmarks Unit

Page 1 of2

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 61 of 177

ti' ......

i. I

Page2 of2

080410018 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 62 of 177

7-1 (Re.-. 7-10-06)

2so1 investigation Quantico, Virginia

REPORT OF EXAMINATION

To: Washington Field Date: September 29, 2009 CT-8 SA Ronald R. Peterman, Jr. Case ID No.: 70A-WF-237079 -t{03

Lab No.: 080805001 POUX 080410018 POUX 071126014 POUX

Reference: Communication dated November 21, 2007, April l 0, 2008 and August 6, 2008

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: November 26, 2007, April 10, 2008 and August 5, 2008

Remarks:

The original Report of Examination that was issued on September 2, 2009 incorrectly stated that the QI 17, Ql23, Ql25, Ql 73 and Ql 78 bullet jacket fragments could not be eliminated as having been fired from the K9 rifle barrel. The K9 rifle barrel was eliminated as having fired the Ql 17, Q123, Ql25, Ql 73 and QI 78 bullet jacket fragments.

Brandon Giroux Fireanns/Toolmarks Unit

Administrative Reviewer: Date: ~------

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 63 of 177

4 ( Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 64 of 177

Douglas P. Murphy FBI Laboratory Quantico, Virginia

PRESENT ASSIGNMENT: Physical Scientist (Forensic Examiner) , Firearms/Toolmarks Unit since December 1997

PAST ASSIGNMENT: Physical Science Technician Firearms/Toolmarks Unit February 1996 - December 1997

EDUCATION: Bachelor of Science Degree in Physics from Eastern Illinois University in Charleston, Illinois August 1994

TRAINING: Approximately 18 months of formal training within FBI Laboratory; qualified as a Firearms/Toolmarks Examiner in June, 1999

Conducted thousands of examinations during extensive training and since qualification

Tours of tool, firearms and ammunition manufacturing plants in U.S., Germany, Austria, Belgium, Czech Republic

OTHER QUALIFICATIONS: Instructor and Coordinator of FBI Shooting Incident Reconstruction Course and Science of Firearms/Toolmark Identification Course - Instruction provided in Ireland, Israel, Spain, and numerous U.S. locations

USA0_026515 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 65 of 177

7· 1 (R~v. }..J~)

2501 Investigation Parkway Quantico, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: December 31, 2007 CT-8 SA Ronald R. Peterman, Jr. Case ID No.: 70A-WF-237079

Lab No.: 071126014 PO KG

Reference: Communication dated November 21, 2007

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: November 26, 2007

The following items were examined in the Firearms-Toolmarks Unit:

K20 Colt rifle, Serial Number W354007 (1B32, E04039786)

K21 Colt rifle, Serial Number W359793 (1B33, E04039787)

K22 Colt rifle, Serial Number W352148 (1B34, E04039788)

K23 Colt rifle, Serial Number W352075 (1B35, E04039789)

K24 Colt rifle, Serial Number W352765 (1B36, E04039790)

K29 Colt rifle, Serial Number W359143 (IB41, E4252440)

K46 Colt rifle, Serial Number W352331 (1B58, E4252449)

K53 Colt rifle, Serial Number W353986 (1B68, E04039791)

Page 1of2

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 66 of 177

......

K54 Colt rifle, Serial Number W359873 (1B69, E04039792)

K55 Colt rifle, Serial Number W358599 (1B70, E04039793)

K56 Colt rifle, Serial Number W353758 (1B71, E04039794)

K57 Colt rifle, Serial Number W349842 (1B73, E04039795)

K58 Colt rifle, Serial Number W354043 (1B74, E04039796)

The results of preliminary firearms examinations are provided in this report.

Results of Examinations:

Specimens K20 through K24, K29, K46 and K53 through K58 are Colt M4Al Carbine rifles. They all functioned normally in both the semi-automatic and fully automatic mode when tested in the Laboratory.

Remarks:

Test fired specimens from these firearms are being provided to Physical Scientist Brandon Giroux (703-632-7234) for further analysis. For questions regarding the content of this report, please contact Douglas P. Murphy at 703-632-7237. For any other questions, please contact Request Coordinator Shannon Ruminski at 703-632-8801.

Douglas P. Murphy Firearms-Toolmarks Unit

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 2of2

071126014 PO KG

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 67 of 177 I l l j : ,_. (R:.7::~

2501 Investigation Parkway ' ~ . i FBI Laboratory Quantico, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: May 20, 2009 CT-4 SA Thomas F. O'Connor Case ID No.: ?OA-WF-237079-304

Lab No.: 080408011 KG

Reference: Communication dated April 4, 2008 i Your No.: j, Title: SHOOTING INCIDENT AT l NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007 I l· p Date specimens received: no specimens 1· I i The results of the Shooting Incident Reconstruction examinations are included in this report. I BACKGROUND:

I Predicated on a request to the Laboratory Division from Washington Field Office, Sµpervisory Special Agent Steve Casper and Physical Scientist Douglas P. Murphy of the Firearmsffoolmarks Unit departed for Baghdad, Iraq on March 23, 2008, accompanied by Special Agents from Washington Field Office and from the Diplomatic Security Service, U,S. State Department Shooting Incident ReconstrUction examinations were conducted from March 26 through April 2, 2008 at the National Police Transition Team Headquarters, Camp Prosperity, International Zone. Baghdad. The aforementioned personnel returned to the United States on April 5, 2008.

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GENERAL INFORMATION:

Due to the latge number of vehicles to be examined and the unusual circumstances involved in working in a combat zone, the team's primary efforts were focliSed on one particular aspect of Shooting Incident Reconstruction; namely, bullet trajectories, or tbe paths that individual bullets follow. These trajectories indicate the direction that shots were fired from, and can sometimes be used to establi.Sh an approximate position that shots were fired from. Accordingly, bullet holes or impacts that could not be linked to a specific trajectory were not necessarily measured or examined. In addition t.O traject:Ory work; we attempted to locate and recover any bullets or lrullet fragmei;its still present in the vehicles. The results of examinations conducted on the recQVered items were included in a Laboratory Report issued by Physical Scientist Brandon Giroux dated April 13, 2008. Graphical depictions of the results of the Shooting Incident Reconstruction examinations have been prepared by the Laboratory Division's Special Projects. Unit and are included with this report. This report will refer to shot origins by quadrant; namely, front-driver, front-passenger, rear-passenger and rear-driver.

Please note that there are inherent limitations in Shooting Incident Reconstruction and trajectories listed in this report and depicted in the accompanying graphics are not intended to indicate the total number of shots fired. Due to vehicle glass breakage, bullet fragmentation, bullet deflection, vehicle repair prior to examinatiollS and many other factors, not all trajectories can be successfuliy reC9nstructed. Examined vehicles are referred to in this repc;>rt with simple descriptiw phrases such as "Blue Suzuki" and are labeled as such in the accompanying graphics.

RESULTS OF EXAMINATIONS:

Black Kia

One bullet trajectory was reconstructed origil1!iling from the rear--Oriver quadrant. Damage to the wind.shi,eld had been repaired priot to examination and may or lJUlY not have been caused by a bullet strike. A hole in the rear passenger side triangular window could not be associated with a specific trajectory.

Black Suburban

Two bullet trajectories were reconstructed, with one originating from the front passenger quadrant. The other trajectory is through the front driver door, but due to a lack of corresponding interior damage, is consistent with having occurred while the door was open. This trajectory is depicted in the accompanying graphics with the door fully ope~ although the exact

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0&0408011 KG

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position of the door at the time .of the bµUet penetration is not ~own. The origin of this trajeetory' is from one of the front quadrants. Seven additional holesfunpacts in the Black Suburban could not be associated with a specific trajectory. Of those seven, two holes in the rear I passenger quarter panel window had phy~foal effects and damage consistent with having been i caused by a bullet originating from the-front-passenger quadrant. I I l Blue Suzuki

Five bullet trajectories were teconstrticte~ with two originating from the front-driver qµadrant and three from the front-passenger quadrant Nine additional holesfunpacts in the Blue I Suzuki C01,J1d n.ot be associated with a specific trajectory. l i I White Celebrity

I Three bullet trajectories v.'efe reconstructed, with all three originating from the rear I passenger quadrant One additional trajectory was measured, but appears to be a continuation (after deflection) of one of the three primary trajectories. Five additional holes/impacts could not be associated with a specific trajectory.

White Kia

Due to extreme fire damage to the White Kia,. examinations were limited to the area on or near the hood of the vehicle. Additionally, no Vertical Angle measurements were attempted due to a lack of reliable secondary holes in the engine oompartment Twelve bullet trajectories were measured for Horizontal Angle, with nine originating from the front-passenger quadrant and three originati.ilg-from the front-driver quadrant

White Nissan

Seven bullet trajectories were reeonstru~ with six originating from the front-driver quadrant. The seventh trajectory passes through the driver seat headrest, but due to the replacement of the windshield and tear glass prior to examination, it could not be determined whether the origin was from the front-driver quadrant or the rear-passenger quadrant One additional hole in the hood had physical effects consistent with an origin from one of the front quadrants, but a more precise trajectory could not be detennined.

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080408011 KG

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 70 of 177

i • iI : I I White Opel

I Four buUet trajectories were reconstructed, with all of them originating from the rear I driver quadrant. One additional hole could not be associated with a specific trajectory. I White Volkswagen

This vehicle ~ extensive damage, much of it not consistent with small arms fire. Consequently, holes and impacts that were not physically consistent with having been caused by bullets or could not be linked to a specific trajectory were not examined or measured. Thirteen bullet trajectories were ;reconsttuc~~ with all of them originating from the front-driver quadrant A lack of bullet damage in the front passenger door in line with established trajectories may indicate that the door was open while shots were being fired.

REMARKS:

This concludes the requested examinations for this field response. For questions about the content of this report please contact Douglas Murphy at 703-632-7237. to obtain additional copies of the provided graphical representations, please contact Jennifer Throneburg of the Special Projects Unit at 703-632-8211. For questions about other Laboratory examinations, please contact Request Coordinator Shannon RuminsIQ at 703-632-8801.

Douglas P. Murphy Firean:nsffoolmarks Unit

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page4of4

080408011 KG

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 71 of 177

7-1 (Rev. 7-10-06)

2501 Investigation Parkway Quantia>, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: August 28, 2009 CT-4 SA Thomas F. O'Connor Case JD No.: 70A-WF-237079 ..-~-? (

Lab No.: 090629005 PO KG · 080408011 KG

Reference: Communications dated April 8, 2008 and May 12, 2009

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: no specimens

This report supplements a report issued on May 20, 2009 under Laboratory number 080408011 KG and contains the results of additional Shooting Incident Reconstruction examinations.

BACKGROUND:

Predicated on a request to the Laboratory Di vision from Washington Field Office, Physical Scientist Douglas P. Mmphy of the Firearms/Toolmarks Unit traveled to Baghdad. Iraq on June 9, 2009 to complete additional Shooting Incident Reconstruction examinations. These examinations were conducted from June 11 through JWle 16, 2009 at the National Police Transition Team Headquarters, Camp Prosperity, Baghdad.

Page 1 of5

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GENERAL INFORMATION:

While the examinations documented in the previous report were focused on establishing bullet trajectories on recovered vehicles, the primary objective of this more recent set of examinations was to document additional bullet holes for which no specific trajectory could be determined. These exterior bullet holes were first examined to detennine whether they have physical effects consistent with having been caused by a bullet. If so. it was then determined whether the shape and location of the boles were most consistent with having originated from the general direction of the front, driver side, passenger side, or rear of the vehicle. Additionally, one vehicle that was not present during the original examinations was examined for specific, three dimensional trajectories. Graphical depictions of the results of the Shooting Incident Reconstruction examinations on the Silver Kia have been prepared by the Laboratory Division's Operational Projects Unit and are included with this report. As with the previous report, this report will describe the Silver Kia trajectories depicted in the accompanying graphics by quadrant of origin; namely, front-driver, front-passenger, rear-passenger or rear-driver.

Please note that there are inherent limitations in Shooting Incident Reconstruction and trajectories listed in this report and depicted in the accompanying graphics are not intended to indicate the total number of shots fired. Due to vehicle glass breakage, bullet fragmentation, bullet deflection, vehicle repair prior to examinations and many other factors, not all trajectories can be successfully reconstructed.

RESULTS OF EXAMINATIONS:

With the exception of the final vehicle, the silver Kia Concorde. the "general direction" trajectories listed below are in addition to the specific trajectories described in the May 20, 2009 Laboratory report.

Black Kia

No additional holes suitable for general direction determination were found.

Black Suburban

Three holes were determined to be consistent with having originated from the general direction of the front of the vehicle.

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Blue Suzuki

Four holes were determined to be consistent with having originated from the general direction of the front of the vehicle, and one hole was determined to be consistent with having originated from the general direction of the driver side of the vehicle. One hole in the hood that was previously noted but was unsuitable for trajectory detennination was examined further and determined to be inconsistent with having been caused by a high speed. stabilized bullet due to its irregular shape. Another previously noted hole, this one in the rear passenger door plexiglass rain guard. was examined further and determined to be more consistent with an exit than an entrance due to its large, irregular shape.

Red Hyundai

This vehicle has received extensive repair, and no holes suitable for general direction determination were found.

Red Passat

This vehicle has received extensive repair. but one small hole in the plastic housing of the driver's side view mirror was noted. The hole is typical of small caliber (5.56mm or similar) holes in flexible materials such as plastic or rubber, but other possible causes for the hole could not be eliminated. No specific directional information could be determined from the physical effects, so the approximate direction is either front to back or back to front.

White Celebrity

No additional holes suitable for general direction determination were found.

White Kia

Eighteen holes were determined to be consistent with having originated from the general direction of the front of the vehicle.

White Nissan

No additional holes suitable for general direction determination were found.

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White Opel

One hole was determined to be consistent with having originated from the general direction of the driver side of the vehicle.

White Volkswagen

Four holes \\>-ere determined to be consistent with having originated from the general direction of the front of the vehicle. and five holes were determined to be consistent with having originated from the general direction of the driver side of the vehicle.

Silver Kia Concorde

The Kia Concorde has received extensive repair and lacks useful exterior holes and impacts. A hole with physical characteristics consistent with having been caused by a bullet was noted in the front driver's side door siWrunning board. A horizontal angle measurement was recorded for this trajectory, but due to lack of continuing penetration,. no reliable vertical angle could be determined. The origin of this trajectory is from the rear-driver quadrant. Four trajectories were reconstructed in the interior of the vehicle, and all of these have an origin from the rear-driver quadrant as well. Due to the lack of exterior holes to match to the interior trajectories. a precise path of bullet approach cannot be reconstructed. Despite these limitations, all of the interior damage is consistent with an origin from the rear-driver quadrant. and the remaining observable damage and trajectories are consistent with having been caused by a minimwn of three shots. The front drivers side headrest from this vehicle has been submitted to the Laboratory and will be the subject of a separate repon.

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REMARKS:

This concludes the requested examinations for this field response. For questions about the content of this report please contact Douglas Murphy at 703-632-7237. To obtain additional copies of the provided graphical representations, please contact Jennifer Throneburg of the Operational Projects Unit at 703-632-821 l. For questions about other Laboratory examinations. please contact Request Coordinator Shannon Ruminski at 703-632-8801.

Douglas P. Mmphy Firearms/Toolmarks Unit

This report contains the opinions/interpretatio~ of the examiner(s) who issued the report.

Page 5 of5

090629005 PO KG

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7-1 (Rev. 7-10--06)

2501 lnvestigatkm Quantico, Virginia

REPORT OF EXAMINATION

To: Washington Field Date: September 28, 2009 CT-4 SA Thotnas F. O'Connor Case ID No.: ?OA-WF-237079

Lab No.: 090724003 PO KG

Reference: Communication dated July 22, 2009

Yoi.irNo.:

Title: SHOOTING INCIDENT; NISUR SQUARE BAGHDAD IRAQ s·EPTEMBER 16, 2007;

Date speeimtns received: July 24, 2009

The following item was examined in the Fireaims/Tooltnarks Unit:

Q260 I)river's side headrest (1Bl27, E4374~71)

The results of the requested gunshot residue and bullet trajectory examinations are included in this report.

Results of Exanainations:

The Q260 headrest was originally examined while part of a vehicle referred to as the Silver Kia Concorde. The results of those examinations are included in a report issued on August 28, 2009. Chemical: tests of a hole and one of the impact points present on the Q260 headrest were positive for copper ap.d lead. . Tests of a second impact point were negative for both copper and iead. The darpag~ to the Q260 headrest is physically consistent with having been caused by a bullet, and given the orientation of the headrest in the Silver Kia Concorde, is consistent ~ith having been caused by a bullet

Page 1 of2

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 77 of 177

approaching-from the general direction of the rear of the vehicle. Howe~. due to the limitations ofthe examinations perfonn~ the relatively light or negative l~ reactions to the chemical tests, and the lack of bullet fragments rec()Vered in or near the Q260 headrest, the possibility that the damage to the. Q260 head.rest was caused by something other than a bullet could not be eliminated.

Remarks:

This completes the examinations performed by the Firearms/Tool.marks Unit The submitted items and test-fired ~Gimens will be returned by the ta.J;,oratoiy's Evidence Control Unit. For questions about the coil.tent of this report, please contact examiner Douglas P. Murphy at 703-632- 723 7. For questions concertring the disposition of the submitted item, please contact RequeSt Coordinator Shannon Rlllllinski at 70.3-632-8801.

Pouglas P. Murphy Firearms/Toolmarks Unit

This report contains the opinions/interpretations of the examiner( s) who issued the report.

Page2of2

090724003 PO KG

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 78 of 177

1.:..1 (Rev. 7- la.-06)

2501-Investigation ~ :FBI Laboratory Quantico, Yll'Qinia

REPORT OF EXAMINATION

To: WashihgtonField ~= October 2, 2009 . SquadCT-4 I SA Thotnas F. O'COnnor ~IDNo.: 70A~WF .. 2l7079 - lf \4 I1. Lab No.~ 090928009 PO KG f 090921012 PO KG Q81022011 PO KG 080805001 POUX -08-0410018 PO UX 071126014 p(j iJX

Reference: Comnmnications· dated November 21, 2007, April 10, 2008l August 6, 2008, October 22, 200&, Sepf:ember 21, 2008 and September 28, 2009

Your No.:

Ti:tte: • SHOOtlNG INCIDENT; NISUR SQUARE BAOBDAD IRAQ SEPTE?v.IBER 16~ 2007

Date specimens received.: November 26,. 2007, April 10, 2008, August 5, 2008, Oct

AdminiStrative Information:

This rep<>rt includes the results of additional firearms examinatioD.S conducted. on the listed evid~~ · ,_

~LaboratoryNumber 090921012 PO KG consisis of re--submissions Of evidence from origmal Laborafury Numbers 080805001 PO UX.

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I1 I . Lah()ratocy: Number ()909280Q9 PO KG COD;S~ of re-submissions of evi4enee from original I ! ·' Laboratory Number 07i126014 PO UX. The specimen listing below only includes items specifically· r examined or addressed in this report. Please note that the fireaotts in the ~pecimen listing were not I I directly examined forthls report; but previously created test fired $pecimens from those~ were used for microscopic compari.sons.

I' j The following it.ems were ~ed in the Fireannsffoolmarks Unit I

I) 1

ITEMS'.J!ESUBMITIED FROM FBI LABORATORY NUMBER 071126014 POUX

Q1 Bullet (1B7, E4251547) j Q2 Metal core fragment (lBIO, E4251550) f I Q3 BµJj~t (1B8, E425I,548) I i l Q4 Bullet fragment (1B8; E425 J.548)

Q5-Q7 Three (3) bullet jacket :fragments (1B8, £4251548)

Q8 Metal core fragment (1B8, E4251548)

Q9 Metal fragment (IB8, E4251548)

Q10-Ql2 Three (3) cartridge cases (.IBS, E4251548)

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For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 80 of 177

; . Ql3-Q14 Two (2) bulJetjacket fragments (L84, £4251544) I . ! QlS Metal fragment (l:B4, E4251544) .

Ql6-Q26 Eleven (11) metal fragments OB4. E4251544)

Q27 Bullet jacket fragment (1B85, E03952478)

Q28-Q32 Five (5) metal fragments (1 B85, £03952478)

Q33 Debris (1B85; E03952478)

Q34 Metal Fragment(lB85, E-03952478)

Q35 Debris (1B85, E03952478)

Q36-Q37 Two (2) hulletjacket fragments (1B85, E03952478)

Q38-Q39 Two (2) bullet jacket fragments (1B3, E4251543)

j Q40-Q41 Two (2) bullet jacket fragments (1B9s £4251549) j Q42 Bullet (1B6, E4251546)

I ' Q43 cartridge case (1B6, E4251546)

I Q44-Q49 Six (6) cartridge case$ (IBl 1, E4251552)

Q51-Q54 Four (4) bullets (I Bl, E445;1541)

Q56-Q69 Fourteen (14) cartridge cases (lBl, E4251541)

Q82 Cartridge case (lBI, E4251541)

Q86 Cartridge case with bullet (lBl, £4251541)

Q94-Q98 Five (5) cartridge cases (1B2, E4251542)

Page 3 of8

090928009 PO KG

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Q99-Q103 Five (5) cartridge cases (1B2, E4251542)

Ii • QllO-Ql.11 two magazines from Nisur Square (1B2, E4251$42) I

I ITEMS RESUBMTITED FROM.FBI LABORATORY NUMBER 080805001 POUX I Q206-Q228 Twenty-~ linked cartridges ITEMS ORIGINALLY SUBMITTED UNDER LABORATORY NUMBER 071126014 PO I FROM WlilCH TEST FIRED SPECIMENS WERE PRODUCED AND USED IN l EXAMINATIONS FOR THIS REPORT

KS FN machine gun., Serial NumberCl0139 (1B20, £04039774)

Knight's Armament. rifle, Serial Number KA060348 (IB21, E04039775)

K25 Glodcpis:tol, Serial.Number 1ELW025US (1B37,E03952465)

K26 Glock pistol, .Serial Number GYZ487 (1B38, E03952466)

K27 Glock pistol, Serial Number 1ELW:258US (1B39, E03952467)

K28 FN machine gun. Serial NumberC10759 (1B4.0, E4252439)

IGO Glock pistol. Serial Number 1EKU825US (1B42, E03952468)

K.31 Glock pistol, Serial Number IEKD995US (IB43, E03952469) I '

K32 Glock pistol, Serial Number EIGO 33US (1B44, E03952470)

K.33 Gloek pistol, Serial Number GYZ495 (1B45, EQ3952471)

K34 Glock pistol, Serial Number EKD599US (1B46, E03952472)

K35 Glock pistolt Serial Number EKD728US (1B47, E03952473)

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K66 Glock pistol, Serial Nutnber 1ELW614US {1B81, E04041709)

K67 Glock pistol,. Serial Nutnber GYZ484 (.1B82,. E04041710)

Glock pistol; Serial Number 1EKX548US (1B83, E040417ll)

Results of Examinations!

7.6h39mm Cartridge Cases

. The Q65, Q66, :Q68 and Q86 cartridge cases were identified as ~ving beep. loaded into and extracted from the sameJir(;arnl. The QlO tbtoUgh Ql2, Q67, Q69 and Q82 cartridge CS$eS could pot be associated.with each other 'Ii

P.age 6 of8

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For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 83 of 177 I

I , I .· " I

Ii I i

. I, .

Miseellan.eous:

r The Ql 10 and Ql 11 magazin~ are copsistent m·their desigµ. and appearan~e with mag¢nes ~igned to function in the Ml6/AR-1S/.'.M4 Cl:ll'bine fanrllyofrifles. fnaddition, a 5.56x4Sl:nin ColtAR~15 Government Model rifle from the Laboratory's Reference Firearms Collection II functioned normally when tested utilizing the Q110andQU1 magazines. l R~marks:

This completes the firearms examinations perfofuied by the Firea:rms!Toolmarks Unit. The submitted iteill.$ will be l'.eturned by the Laboratory's Evidence Control Unit. For questions about the content-of this repQrt, please contact examiner Douglas P. Murphy at 703-632-7237. For questions concerning the disposition of the submitted items, please contact Request Coordinator Shannon Ruminski at 703-632-8801.

Page-7 of8

090928009 PO KG

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 84 of 177 I i l I t r Douglas' P. Murphy l •' Fireamisffoolmarks Unit i f ;'

I I ~'

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 8 of&

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5 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 86 of 177

CURRICULUM VITAE Page 1of3 S. M. Marvin January 2014

SUSAN M. MARVIN (formerly Susan M. Kazanjian)

Federal Bureau of Investigation Laboratory 2501 Investigation Parkway Quantico, VA 22135 (703) 632-7414 desk (703) 576-4611 cell

EDUCATION

May 2004 University of Virginia May 1986 Rensselaer Polytechnic Institute Doctorate of Philosophy (PhD) Bachelor of Science Degree (BS) Major: Materials Science and Engineering Major: Materials Science and Engineering Charlottesville, VA Troy, NY

PROFESSIONAL EXPERIENCE

Feb 2005 - present Forensic Examiner I Metallurgist Clearances: TS, Q, SCI (HCS, G,T K, SI) FBI Laboratory, Chemistry Unit Certifications: DOE Radiological Worker 2 U.S. Government Courier Current responsibilities include forensic examination of metallic evidence and management of the FBI metallurgy group in accordance with certification requirements of the American Society of Crime Laboratory Directors-Laboratory Accreditation Board (ASCLD-LAB). Casework involves designing investigation plans and performing physical and chemical analysis of metals, including the identification of alloy class, grade, processing and service history, as well as failure analysis and radiography. Subject matter expertise is provided for field support, including deployment to incident sites to supervise collection. Hazardous or contaminated evidence is analyzed at partner laboratories under the HEAT (Hazardous Evidence Analysis Team) initiative. Expert testimony regarding the results of metallurgical analyses is provided. Mechanical testing and calibration specifications are evaluated and modified through membership in the ASTM International E28 Committee on Mechanical Testing of Materials. Formerly supervised the Chemistry Unit Training Program (3 years), Proficiency Test Program (2 years) and coordinated radiological monitoring (4 years).

Nov 2001 - June 2004 Chemistry Teacher Certifications: Physics Instructor, VA K-12 Spotsylvania County Schools NASA Lunar Materials Courtland High School, Spotsylvania, VA Handling Taught Chemistry and Earth Science. Developed lesson plans, provided tutoring, sponsored environmental service club and staged extracurricular materials science demonstrations. Provisionally licensed to teach Physics in Virginia.

Jan 1995 - Nov 2001 Research Assistant Materials Science and Engineering Department University of Virginia, Charlottesville, VA Researched mechanical properties of titanium, aluminum and aluminum-lithium alloys, both experimentally and through literature review. Performed materials processing, mechanical testing, metallography, scanning and transmission electron microscopy, and mathematical modeling. Evaluated experimental procedures conducted by other researchers, analyzing validity of their results and providing subject matter expertise. Compared and contrasted inter-laboratory test results, identifying similarities and disparities between analytical techniques. Supervised x-ray diffraction facility, providing training and analysis services. Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 87 of 177

, . CURRICULUM VITAE Page 2 of 3 [ S. M. Marvin January 2014

Jul 1990 - Dec 1994 Laboratory Manager Materials Engineering Associates, Inc., Lanham, MD Supervised materials testing operations in support of advanced scientific analysis for customers from automobile, aerospace, nuclear and electric power industries. Evaluated test design criteria and reported results. Allocated resources, including a 10 member technical staff, mechanical test frames and specialized environmental control systems. Hired and trained technical personnel. Revised and maintained quality control and safety programs, performed inspections, hosted auditors and implemented corrective actions. Managed failure analysis projects and performed environmental testing of stainless steel alloys. Projects included irradiation of nuclear vessel materials and hot cell testing at research reactor sites to determine mechanical property variation after exposure.

Dec 1988 - Jul 1990 Materials Engineer Smith & Wesson, Springfield, MA Inspected incoming materials and heat treated parts for quality assurance, specified heat treatment of metals, investigated machining and finishing problems, researched new materials and coatings for fire·arms applications, and conducted failure analysis of gun components.

Apr 1987 - Dec 1988 Materials Engineer Failure Analysis and Environmental Effects Naval Research Laboratory, Washington, DC Performed complex failure analysis investigations of metal, composite and polymer components in U.S. Navy land, sea and air systems. Collected, analyzed and interpreted information from a variety of sources, including interviews, experimentation and scientific literature review. Designed and supervised research projects to supplement investigations when vital information was unavailable. Instrumental methods included field and laboratory micro- and macrophotography, metallography, chemical analysis and fractography. Issued summary reports to installation commanders recommending potential corrective actions to solve current problems and prevent future failures.

May 1985 - Apr 1987 Materials Engineer Metals Analysis Lab, Benet Weapons Laboratory Watervliet Arsenal, Watervliet, NY Investigated service and production line failures of cannon tubes and associated hardware using optical and scanning electron microscopy. Examined aluminum, carbon steel and stainless steel fractures, evaluated alternative materials and designed and conducted laboratory scale tests of new production techniques. Trained incoming technicians to operate standard metallographic equipment. Wrote reports documenting analysis procedures and providing recommendations for improvement of material, mechanical design and manufacturing practices.

PROFESSIONAL TRAINING PROVIDED

Topic: Leadership Development Jul 2012 Supervisor Development School (SOS), FBI Leadership Development Program HQ, Leesburg, VA Sep 2012 Managing Across Cultures, SOS, FBI Leadership Development Program HQ, Leesburg, VA

Topic: Forensic Metallurgy May 2013 ASM International, Cleveland Chapter Meeting, ASM World Headquarters, Materials Park, OH Feb 2009 American Welding Society, York, PA Chapter Meeting Nov 2008 American Foundry Society, Detroit, Ml Chapter Meeting Mar 2008 American Welding Society, Hagerstown, MD Chapter Meeting Feb 2007 ASM International, Rhode Island and Central Massachusetts Combined Chapter Meeting Nov 2006 Buffalo State College, Buffalo, NY, Chemistry and Art Conservation Departments Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 88 of 177

CURRICULUM VITAE Page 3 of 3 S. M. Marvin January 2014

PROFESSIONAL TRAINING RECEIVED

2011 Facilitator Training, FBI Leadership Development Program HQ, Quantico, VA 2010 Instructor Development Course, FBI Training Division, Quantico, VA 2010 OXSAS Software Operation for Wavelength Dispersive Spectroscopy, ARUThermoScientific, W. Palm Beach, FL 2009 Making, Shaping and Treating of Steel, Association for Iron and Steel Technology (AIST), Ypsilanti, Ml 2008 Microscopy and Trace Evidence Workshop, Mccrone Research Institute, Chicago, IL 2007 Evidence Response Team (ERT) Basic Course - Laboratory Personnel, FBI, ERT Unit 2007 Six Sigma Total Quality Fundamentals and Applications, Germanna Community College, Fredericksburg, VA 2006-2013 Radiological Worker 2 Certification/Re-certification, US Dept. of Energy, Office of Environment, Safety and Health, Savannah River National Laboratory, Aiken, SC 2006-2013 HEAT Training/Re-training, FBI Laboratory, Chemical/Biological Sciences Unit and partner laboratories 2005-2006 Forensic Examiner Training, FBI, Chemistry Unit, Metallurgy Subunit 2006 Metals Conservation Summer Institute, Worcester Polytechnic Institute, Worcester, MA 2003 NASA Lunar Materials Handling Certification 2002 Instructional Methods, Spotsylvania County Schools In-service 2001 Technology Proficiency Certification, Spotsylvania County Schools In-service 1990 Principles of Machining, ASM International, Materials Engineering Institute 1989 Armorer's School (2) - Automatics and Revolvers Certification, Smith & Wesson Academy 1989 Heat Treatment of Steel, ASM International, Materials Engineering Institute 1986 Magnetic Particle - Level 1 Certification, Nondestructive Testing School, Dept. of the Army 1986 Introduction to Nondestructive Inspection, Nondestructive Testing School, Dept. of the Army 1986 Preparing for Failure Analysis Litigation, ASM International, Materials Engineering Institute 1986 Fractography: Practical Applications in Failure Analysis, ASM International, Materials Engineering Institute

PROFESSIONAL AFFILIATIONS

2009 - present Association for Iron and Steel Technology (AIST), member 2005 - present ASTM International (The American Society for Testing and Materials), Subcommittee E28 - Mechanical Testing 2000 - present Virginia Science Teachers Association, lifetime member 1985 - present ASM International, member

PUBLICATIONS

Kazanjian, S.M.; Fatigue Deformation in Beta Titanium Ti-15V-3Al-3Sn-3Cr; Ph.D. Dissertation, University of Virginia, Charlottesville, VA, 2004.

Kazanjian, S.M.; Starke, E.A. Jr.; Effects of microstructural modification on fatigue crack growth resistance of Ti-15V-3Al-3Sn-3Cr; International Journal of Fatigue (UK), Suppl, v 21, p S127-S135, Nov 1999.

Starke, E.A. Jr.; Kazanjian, S.M.; Wang, N.; Creep behavior and microstructural stability of Al-Cu-Mg-Ag and Al-Cu-Li-Mg-Ag alloys; Materials Science and Engineering A (Switzerland), v A234-236, p 571-574, 30 Aug. 1997.

Taminger, K.M.B.; Dicus, D.L.; Chellman, D.J.; Kazanjian, S.M.; Wang, N.; Evaluation of creep behavior of 1 emerging aluminum alloys for supersonic aircraft applications, Proceedings: ICAA-6: 6 h International Conference on Aluminum Alloys, Toyohashi, Japan, 5-10 Japan 1998 p 1361-1366; Japan Institute of Light Metals, Tokyo, 1998.

Pierson, E.; Stubbe, J.; Cullen, W.H.; Kazanjian, S.M.; Paine, P.; How to simulate acid corrosion of alloy 600 steam generator tubes; Proceedings: ?'h International Symposium on Environmental Degradation of Materials in Nuclear Power Systems-Water Reactors. Vol. I, Breckenridge, CO, USA, 7-10 Aug. 1995, p 303-315; National Association of Corrosion Engineers, Houston, 1995. I ' c.JC. -. ' Case ' 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 89 of 177 ~ ~ '· ~ u RlngllRdlliQdy· · ~ •i' Pl1maiy CM(e: 70A-WF-237079 CuaTUla: (0) LIBERTY, EVAN, SHAWN .. SLOUGH, PAUL, JU.VIN HEARD, 'J .,~. DUSTIN~ LAURENT; SLATTEN, •I NICROLAS, ABMM BALL, ~ DONALD, WAYNE .., .1 S.ltlll Number: 419 S.1181...,.: 10/14/2009 C8le80fY: Full Inveetiqation lnltla'8d: 10/02/2007

lJpe: xxxxxxxx ,, Document Tltlo: xxxxxxxx>000cxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ;· Approval Der.: 10/14/2009 •• ~. ' Cl ...lftcdon: SN . ' . Conte•• To: Washington Field oa te: •' October 14, 2009 squad CT-4 SA Thornaa F. O'Connor case ID No.: 70A-WF-2370?9

Lab No.: 090928009 PO lU. Reference: Communication dated September 28, 2009 Your No.: Title: SHOOTING INCIDENT AT NISOR SQOARE, BAGHDAD, IRAQ; 09/16/2007 CGR·KOMICIDE

Date specimens reoeived: September 20, 2009 ~ ... I The following items weie examined in the Chemistry Onit: i RESUBMITTED ITEMS ~ROM FBI LABORATORY NUMBER 071126014 PO NK NT LX OX NN HJ PU 091.l Metal fragment from tread (1860, E42524.S"/)

091.2 Metal fragment from sidewa~l (1860, t4252457) •' Q92.l Metal fragment (1B6l, E4252458)

This report contains the results of the me~allurgy examinations. Results of Examinations:

Non-destructive metallurgical examinations dete.tJnined th~ Q91.1, Q.91. 2 and Q92. l . fragments 'tO .be plain carbon S'teel. Tbe submitted item$ were determined to be generally similar in composition, physical dimension and deformation characteristics to f%agmentation generate~ from an exemplar o.s. Cartridge 40mm, HEDP (high explosive dual purpose) M433 pro7ided f~r ccmparison. ~s such, the 091.l, 091.2 and Q92.1 fragments could haye originated from s~ch ' an explosive device or

' Jf2 :L ·-. ·--.... ·----: '";./-...... ---- -... Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 90 of 177 .' another device manufactured with a similar fra9111entation pattern of plain carbon ~teel. I I ' Physical measurements and x-ray fluorescent spectroscopy were used to conduct the analyses.

Remark11: (- ' The items listed above are retained in· the FBI Laboratory. The final disposition will be the subject. of a separate communication. For questions about the content of this report, please contact ExQliner c.r. Sue .. Kazanjian at (703) 632-7414. t Fo~ questions about the status of the remaining forensic examinations, please contact aequest Coordinator Shannon Ruminski a~ (703) 632-8801.

Susan M. Katanjian Chemistry On.it.

' 7 Routing ' Dratted ~: XXXXXXXXXXXXXXXXXXXXXXXXX ' ·1

·, ·:I ~ ,." ·'~

,,t '•'

1f2 TOTAL P.03 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 91 of 177

6 ( Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 92 of 177

~~()J~~i Michael A. Smith

Education Bachelor of Metallurgical Engineering (cum laude), Polytechnic Institute of New York, 1986 Doctor of Philosophy, Materials Science and Engineering, University of Pennsylvania, 1992 Masters of Applied Statistics, Pennsylvania State University, (in progress) Graduate Studies, Statistical Science, George Mason University, 2008-2010

Additional Courses and Symposia Linear Algebra, Northern Virginia Community College Failure Analysis of Medical Devices, ASM International Fluid Mechanics, Old Dominion University Statistics for Engineers and Scientists, University of Virginia An Introduction to the Making, Shaping, and Treating of Steel, Association of Iron and Steel Engineers Fatigue and Fracture Mechanics of Engineering Materials, University of Virginia Basic Aviation Investigation School, National Transportation Safety Board Detonation: An Engineering Approach, Computational Mechanics Associates Material Behavior at High Strain Rates, Computational Mechanics Associates Advanced Techniques for the Characterization of Materials, University of Pennsylvania Welding Processes, Air Products Corporation Fastener Characterization by Mechanical and Metallographic Methods, American Society for Metals Manufacturing Processes and Materials, University of Virginia Applied Electrochemistry, University of Virginia Thirteenth Electrochemical Techniques in Corrosion Engineering, University of Virginia Statistics I and II, Northern Virginia Community College Differential Equations, Northern Virginia Community College Computer Aided Drafting I, Northern Virginia Community College

Professional Experience Federal Bureau of Investigation, Unit Chief-Chemistry Unit Federal Bureau oflnvestigation, Forensic Metallurgist Metallurgy Consulting Practice of Dr. David P. Pope, Failure Analysis Technician Naval Air Warfare Center, Postdoctoral Research Metallurgist Hudson International Conductors, Manufacturing Engineer E.I. Dupont Nemours Inc, Experimental Station, Wilmington, DE, Guest Researcher

Professional Affiliations The Minerals, Metals, and Materials Society (TMS)-Inactive Tau Beta Pi (National Engineering Honor Society)-Inactive Omega Chi Epsilon (National Chemical Engineering Honor Society)-Inactive Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 93 of 177

Publications

Validation of X-ray Fluorescence Spectrometry (XRF) for Determining Osseous or Dental Origin of Unknown Material, A.M. Christensen, M.A. Smith, R.M. Thomas, Journal of Forensic Science, Volume 57 (1)

Effect of Sulfur on the Cyclic Oxidation Behavior of a Single Crystalline, Nickel-Base Superalloy@, M Smith, W.E. Frazier, B.A. Pregger, Materials Science and Engineering A, Volume A203, (1995)

Development of a Hydrogen-Based Annealing Process for the Desulfurization of Single Crystalline, Nickel-Base Superalloy@, M.A. Smith, T.H. Mickle, W.E. Frazier, and J. Waldman, Naval Air Warfare Center, Aircraft Division Warminster, P.O. Box 5152, Warminster, PA 18974-0591, 5November1994, Report No. NAWCADWAR-95001-4.3

Atomic Force Microscopy Observations of Iron-Sapphire Fracture Surfaces@, M.A. Smith, J. Y. Josefowicz, and D.P. Pope, Materials Science and Engineering A, Volume A 176, Number 1-2, (1994)

Also in: Yamada Conference XXXVI, Fourth International Conference on the Fundamentals of Fracture, Bandai-Asahi National Park, Japan, 31 May 1993, Published by Elsevier Science B.V., Journal Department P.0.Box 211, Amsterdam, 1000 AE, Netherlands, (1994)

Segregation Phenomena in Metal/Ceramic Composites: A Case Study of Iron/Sapphire Interfaces, M.A. Smith, Ph.D Dissertation, Univ~rsity of Pennsylvania ( 1992)

Iron/Sapphire Interfaces: The Role of Trace Element Segregation, M.A. Smith and D.P. Pope writing in conference proceedings of ADevelopments in Ceramic and Metal-Matrix Composites@, San Diego, CA 1-5 March 1992. Edited by K. Upadhya. Published by The Minerals, Metals, & Materials Society, 420 Commonwealth Drive, Warrendale, PA 15086

The Effect of Trace Element Segregation to Fe/Sapphire Interfaces, D.P. Pope and M.A. Smith writing in AStructure and Properties ofInterfaces in Materials@, Edited by W.A.T. Clark, C.L. Briant, and U. Dahmen, Published by The Materials Research Society, Pittsburgh, PA ( 1992)

Preliminary High-Resolution Electron Microscopy Study of (1120) Oriented Microscopy Observations of Ah03' Iron Interfaces@, T. Epicier, C. Esnouf, M.A. Smith and D.P. Pope, Philosophical Magazine Letters, Volume 65, Number 6, (1992)

Formation of Fe/Ah03 Interfaces by Hot Pressing@, D.P. Pope and M.A. Smith, Materials Science and Engineering A, Volume Al45, Number 1, (1991)

Debonding of Metal/Ceramic Interfaces: The Role of Segregation@, D.P. Pope and M.A. Smith, writing in Metal-Ceramic Interfaces@, edited by M. Ruhle, A.G. Evans, M.F. Ashby, and J.P. Hirth, published by Pergammon Press, Elmsford, NY (1990) Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 94 of 177

7-1 (Bev. 7-10-06).

2501 Investigation Parkway Quantico, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: January 14, 2009 CT-8 SA Ronald R. Peterman, Jr. case ID No.: 70A-WF-237079

Lab No.: 071126014 PO HJ 080410018 PO HJ 080805001 PO HJ

Reference: Communications dated November 21, 2007, April IO, 2008, and August 6, 2008

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ September 16, 2007

Date specimens received: November 26, 2007, April 10, 2008, and August 5, 2008

The items listed below were received under cover of communication dated November 21, 2007, assigned Laboratory Number 071126014 and were examined in the Chemistry Unit:

QI Bullet (IB7, E4251547)

Q2 Metal fragment (lBIO, E4251550)

Q3 Bullet (I B8, E4251548)

Q4 Bullet fragment (I B8, E425 l 548)

Q5-Q7 Three (3) metal fragments (IB8, E4251548)

Q8 Metal fragment (IB8, E4251548)

Page I of 9

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 95 of 177

Q9 Metal fragment (1B8, E4251548)

Q13-Q14 Two (2) metal fragments (1B4, E4251544)

Q15 Metal fragment (1B4, E4251544)

Q16-Q26 Eleven (11) fragments (1B4, E4251544)

Q27 Metal fragment (1B85, E03952478)

Q28-Q32 Five (5) metal fragments (IB85, E03952478)

Q33 Fragment (1B85, E03952478)

Q34 Metal fragment (1B85, E03952478)

Q35 Fragment (1B85, E03952478)

Q36-Q37 Two (2) metal fragments (1B85, E03952478)

Q38-Q39 Two (2) metal fragments (1B3, E4251543)

Q40-Q41 Two (2) metal fragments (1B9, E4251549)

Q42 Bullet (1 B6, E425 l 546)

Q43 Cartridge case (1B6, E4251546)

Q51-Q54 Four (4) bullets (lBl, E4251541)

The items listed below were received under cover of communication dated April 10, 2008, assigned Laboratory Number 080410018 and were examined in the Chemistry Unit:

ITEMS RECOVERED FROM BLUE SUZUKI

Ql 12 Metal fragment from lower windshield exterior, driver's side (Item 1)

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071126014 PO HJ 080410018 PO HJ 080805001 PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 96 of 177

Q 113 Metal fragment from driver's side foot well (Item 2)

Ql 14 Metal fragment from under driver's seat (Item 3)

Q 115 Metal fragment from hatchback floor area (Item 4)

Q 116 Metal fragment from seat cushion (Item 5)

ITEMS RECOVERED FROM WHITE CHEVROLET CELEBRITY

Q 117 Metal fragment from driver's side door (Item 1)

Q 118 Metal fragment from driver's side door (Item 2)

Q 119 Metal fragment from driver's side door (Item 3)

Q120 Metal fragment from driver's side door (Item 4)

ITEMS RECOVERED FROM WHITE KIA

Q 121 Metal fragment from driver's foot well (Item 1)

ITEMS RECOVERED FROM WHITE VW CADDY

Q 122 Metal fragment from driver's door (Item 1)

Q 123-Q 124 Two (2) metal fragments from front passenger floor (Item 2)

Q125-Q126 Two (2) metal fragments from right rear passenger foot well (Item 3)

Q127-Q130 Four (4) metal fragments from inside clriver's door (Item 4)

Q 131 Metal fragment from left passenger foot well (Item 5)

Q 13 2 Metal fragment from driver's floor area (Item 6)

Q133-135 Three (3) metal fragments from driver's floor area (Item 7)

Q 136-Q 13 7 Two (2) metal fragments from rear passenger compartment (Item 8)

Page 3 of9

071126014 PO HJ 080410018 PO HJ 080805001 PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 97 of 177

Q138-Q143 Six (6) metal fragments from rear passenger compartment (Item 9)

QI44-QI48 Five (5) metal fragments from front passenger floor area (Item 10)

ITEMS RECOVERED FROM WHITE OPEL OMEGA

Ql49 Metal fragment from inside driver's side rear door (Item 1)

Q150-QI55 Six (6) metal fragments from driver's door panel (Item 2)

ITEMS RECOVERED FROM RED HYUNDAI

Ql56-Ql66 Eleven (11) metal fragments from inside car jack box (Item 1)

QI 67 Metal fragment from driver's door panel (Item 2)

Q168 Metal fragment from passenger side floor board (Item 3)

Ql69-QI70 Two (2) metal fragments from back seat cover (Item 4)

Ql 71-QI 72 Two (2) metal fragments from trunk (Item 5)

QI 73 Metal fragment from ceiling liner, driver's side (Item 6)

ITEMS RECOVERED FROM WHITE NISSAN TRUCK

QI 74 Metal fragment from roof, under ceiling liner (Item I)

ITEMS RECOVERED FROM BLACK/SILVER SUBURBAN

QI 76 Metal fragment from rear driver's side seat back (Item 2)

Q 177 Metal fragment from driver's side third row seat (Item 3)

QI 78 Metal fragment from back of driver's side second row seat (Item 4)

Page 4 of9

071126014 PO HJ 080410018 PO HJ 08080500 I PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 98 of 177

The items listed below were received under cover of communication dated August 6, 2008, assigned Laboratory Number 080805001 and were examined in the Chemistry Unit:

Q l 79-Q228 Fifty exemplar 7.62mm cartridges

Q229-Q230 Two grenades

Q23 l-Q250 Twenty exemplar 5.56mm cartridges

This report contains the results of the metallurgy examinations.

Results of Examinations:

Metallurgical examinations of samples taken from the Q l 79-Q228 exemplar 7 .62mm cartridges determined that they contain at least two types of bullets. The first type has a brass plated, steel jacket with an antimonial lead core. Antimony is usually added in varying amounts to bullet lead to increase its hardness. The lead core from one the exemplar bullets examined also contains detectable levels of tin.

The second type of7.62 mm cartridge appears to contain a tracer bullet. This bullet is longer, has a solid brass jacket and an antimonial lead core. The antimonial lead from the tracer bullet is similar in composition to that used in some of the exemplar, steel jacketed rounds.

Metallurgical examinations of samples taken from the Q231-Q250 S.56mm cartridges determined that these have solid brass jackets with composite cores. The cores of these bullets consist of a steel cone with a flattened tip backed by a plug of antimonial lead. There is a green coating applied to the nose of each bullet. The composition of the brass comprising the jacket is generally similar to that used to fabricate the 7.62mm tracer rounds. Similar, low zinc brasses are commonly used in the manufacture ofbulletjackets for a wide variety of ammunition types. However, the lead comprising the core of the 5.56mrn bullets may contain somewhat more antimony than the exemplar 7.62mrn bullets.

Examinations of the Ql, Q3, Q42, and Q51-Q53 bullets determined that all are apparent 7.62mrn rounds having similar brass plated, steel jackets. However, differences in bullet construction suggest that the rounds are probably derived from multiple sources. These differences are outlined in the paragraphs which follow.

The back of the QI bullet has an aluminum insert covering its presumably lead core. The bullet was not sectioned to determine the shape of the insert or to examine its core.

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071126014 PO HJ 080410018 PO HJ 080805001 PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 99 of 177

The Q3 bullet has a steel insert covering its preswnably lead core. The bullet was not sectioned to determine the shape of the insert or to examine the core.

The Q51-Q52 bullets have steel inserts covering their cores. The bullets were not sectioned to determine the shape of the insert. Due to damage to the Q52 bullet, its core is partially exposed and appears to consist of unhardened lead. Similarly, unhardened lead was observed in the gap between the insert and the edges of the jacket adjacent to the insert of the Q51 bullet. The backs of the Q51 and Q52 bullets differ in appearance from the back of the Q3 bullet.

The Q42 and Q53 bullets have openings in their back ends that expose their antimonial lead cores.

Item Q54 is an apparent 7 .62mm bullet. It has a solid, low zinc brass jacket with an antimonial lead core. The antimony content of the lead is higher than any of the exemplar rounds that were examined.

Q4 is a bullet fragment with a brass plated, steel jacket and a lead core containing traces of tin. It is unclear if the bullet from which the fragment is derived ever had an insert covering its core. While an exact measurement of the bullet diameter could not be made due to the damage present, Q4 appears visually consistent with a 7 .62mm bullet.

Q6 is a brass plated, steel :fragment with antimonial lead on it. The antimony content of the lead appears to be higher than any of the brass plated, steel jacket rounds whose cores were examined. Thus, Q6 may represent an additional manufactured source and/or size of bullet.

The Q13, Q27, Q29, Q36-Q39, Q41, Ql 17, Q121, Q123, Ql25, Q127, Q129, Q130, Q134- Ql36, Ql49-Q154, Q156, Ql60, Q166, Ql 70, Q174, and Ql 77-Ql 78 metal fragments are comprised of relatively low zinc brasses. Variations in the zinc levels of some of these fragments may suggest they are derived from multiple sources. Many of these fragments appear to have limited amounts of lead on their surfaces. The Q38-Q39 fragments have traces of a green material on them that is visually similar to the green coating on the Q23 l-Q250 exemplar rounds.

The Q128 fragment is comprised of a low zinc brass. This fragment has an embedded steel fragment and traces of a green material on its surface which is visually similar to the green coating on the Q23 l-Q250 exemplar rounds

Items Q5 and Q 131 are low zinc, brass fragments with deposits of antimonial lead on them. The antimony content of the lead appears to be lower than that of the Q54 bullet. Moreover, the zinc content of the Q5 brass may be somewhat lower than that of the Q54 bullet.

Page 6 of9

071126014 PO HJ 080410018 PO HJ 080805001 PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 100 of 177

Items Q40 and Q122 are low zinc, brass fragments with deposits of antimonial lead on them. The antimony content of the lead appears similar to that of the Q54 bullet However, the fragments cannot be reliably ascribed to any particular type of ammunition solely on this basis. Moreover, the zinc content of the Q40 brass fragment may be somewhat lower than that of the Q54 bullet.

Item Q133 is a brass fragment with residual antimonial lead on its surface. The apparent antimony content of the lead is not clearly consistent with either the Q54 bullet or the bullets from items Q23 l-Q250.

Items Q2, Q8, Ql24 and Q126 contain steel cones with flattened tops. These are similar in size and shape to the steel portion of the bullet cores from items Q23 l-Q250.

Items Q 114-Q 115 are aluminum fragments. They are similar in composition to the aluminum portion of the Ql bullet.

Items Q 112, Q 116 and Q 173 are fragments of brass plated, steel. They are generically similar in composition to the brass plated, steel jackets of bullets from items Q l 79-Q228, Q 1, Q3, Q42, and Q51-Q53.

Items Q6 and Q7 are brass plated, steel fragments with antimonial lead. Tiie antimony content of the lead appears to be significantly higher than any of the brass plated, steel jacketed bullets whose cores were examined.

Items Q9 and Ql62-Q165 are fragments ofantimonial lead. The antimony levels present are generally consistent with the Q54 bullet and the Q6-Q7 fragments.

Items Q14-Q18 and Ql 13 are fragments of a tungsten base material. Based upon the shapes of these larger fragments, they appear to be fragments from a projectile having a tungsten base core.

To summarize, the questioned items described above are likely to represent several different sources and possibly sizes of ammunition. Further, based on the material variability observed, it is not possible to reliably ascribe most of the fragments examined to a particular size and type of ammunition. Moreover, it is likely that at least some of the fragments are derived from bullet types for which no intact examples were received for examination.

Page 7 of9

071126014 PO HJ 080410018 PO HJ 080805001 PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 101 of 177

. '

Items Q32, Q157, and Ql59 are steel fragments. While brass is present on some of the surfaces of the fragments, it is unclear if this is residual plating or due to transfers from a brass or brass plated object.

The probable sources of the Q137, Q155, Q158, and Q161 steel fragments could not be determined.

Items Q28, Q30-Q3 l, Q34, Ql 18-Ql20, Q138-Ql41, Q145-Q147, Ql67-Q169, Q171- Q172, Q 17 6 are steel fragments from various sources. It is unlikely that any of these fragments are derived from brass plated, steel jacketed bullets.

Items Ql32 and Q142-Q144 are fragments of aluminum. They are not fragments from a bullet.

The Q 148 fragment is comprised of a zinc alloy. It is not part of a bullet.

Items Q19-Q26, Q33 and Q35 are probable polymer fragments. The source of the fragments could not be determined.

Item Q43 is a cartridge case.

The Q229-Q230 grenades were concluded to be live rounds and were not examined.

Remarks:

With the exceptions noted below, the submitted items are being retained in the FBI Laboratory. The final disposition will be addressed in a separate communication.

Due to the hazardous nature of the Q229-Q230 grenades, they cannot be returned. The contributor should submit a written request for the safe disposal of these items to the FBI Laboratory Explosives Unit.

For questions about the content of this report, please contact Examiner Michael A. Smith at (703) 632-7435.

Page 8 of9

071126014 PO HJ 080410018 PO HJ 080805001 PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 102 of 177 . .

For questions about the status of your submission, please contact Request Coordinator Shannon Ruminski at (703) 632-8801.

Michael A. Smith Ph.D. Chemistry Unit

This report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 9 of9

071126014 PO HJ

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 103 of 177

7-1 (Rev. 7-10-06)

2501 Investigation Quantico, Virginia

REPORT OF EXAMINATION

To: W ashingt:On Field Date: September 8, 2009 CT4 SA Thomas F. O'Connor Case ID No.: 70A-WF-237079

Lab No.: 080805001 PO HJ 090724003 PO HJ

Referenee: Communications dat.ed August 6, 2008 and July 22, 2009 - ~'3

Your No.:

Title: SHOOTING INCIDENT; NISUR SQUARE BAGHDAD IRAQ SEPTEMBER 16,2007;

Date specimens received: August 5, 2008 and July 24, 2009

The items listed below were received under cover of communication dated July 22, 2009, ·assigned Laboratory Number 090724003 and were exm:nined in the Chemistzy Unit:

Q254 Metal fragment from body (lB 125, E4374369)

Q255-Q259 Metal fragments from rear driver's headrest (181261 E4374370)

The items listed below were received under cover of communication dated August 6, 2008, assigned Laboratory Number 080805001 and were examined in the Chemistry Unit:

Ql79-Q228 Fifty exemplar 7.62mm cartridges

Q23l-Q250 Twenty exemplar 5.56m.m M855 cartridges

Page 1of3

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 104 of 177

This report contains the results of the metallurgy examinations. I - j · Results of Enminations:

Metallurgical examinations of the Q254-Q259 fragments determined them to be comprised of low zinc brasses.

Thickness measurements of the Q254 bullet Jacket fragment suggest that it is probably too thick to have come from a 5.56 mm bullet of the type represented by the Q231-Q250 exemplar M855 cartridges. Similarly, earlier examinations of a tracer round present among the Q 179-Q228 exemplar cartridges demonstrated that it has a low zinc brass jacket with a thickness slightly greater than that of the Q254 ~t Furthermore, no visual evidence of a pyrotechnic residue was noted on the Q254 fragment Consequently, no reliable inference that it originated from a 7.62mm tracer round can be made. Moreover, the type and size of bullet from which Q254 actually originated could not be determined.

Similarly~ while the compositions of the Q255-Q259 fragments are consistent with the types of brass coDlinOnly used to jacket a variety of ammunition types, they are too small to reliably determine what type ofammunition, ifany, they originated from.

Items Q254-Q259 were examined using x-ray fluorescence spectrometry. Dimensional measurelilents were made of the Q254 fragment.

Remark$:

The submitted items are being retained in the FBI Laboratory. The final disposition will be j I addressed in a separate communication. I I For questions about the content of this report? please contact Examiner Michael A. Smith at i (703) 632-7435. 1-, i Fdr questions about the status of your submission, please contact Request Coordinator Shannon Ruminslq_ at (703) 632-8801.

Page 2 of3

090724003 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 105 of 177 f i -- 'I" I I

I Michael A. Stnith l Chemistry Unit l· I l I I i

i . I I I i ! I. I I \: !. j ! j' I:

This report contains the opinions/interpretations ofthe examiner( s) who issued the report.

Page 3 of3

080805001 PO ID 090724003 PO HJ

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 106 of 177

7-1 (Rev. 7-10--06)

2501 Investigation Quantico, Virginia

REPORT OF EXAMINATION

To: Washington Field Date: September 8, 2009 CT-8 SA Ronald R. Peterman, Jr. Case ID Nq.: ?OA-WF-237079 -'3 e 2_,

Lab No.: 071126014 PO HJ 080410018 PO HJ 080805001 PO ID

Reference: Communications dated November 21, 2007, April 10, 2008, and August 6, 2008

Your No.:

Title: SHOOTING INCIDENT AT N1SUR SQUARE TRAFFIC CIRCLE BAGHDAD, IRAQ Septetnber16,2007

Date specimens l'(:Ceived: November 26, 2007, April 10, 2008, and August 5; 2008

The items listed telow were received wider cover of communication dated November 21, 2007 J assigned Laboratory Number 071126014 and were examined in the Chemistry Unit:

Ql Bullet (1B7, E4251547)

Q3 Bullet (1B8, E4251548)

Q15 Fragment (1B4, E4251544)

Q42 Bullet (186, E4251546)

Q51-Q54 Four (4) bullets (JBI, E4251541)

Page 1of4

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 107 of 177

The items listed below were received under cover of communication dated April l 0,. 2008, assigned _Laboratozy :Number 080410018 and were examined in the Chemistry Unit

ITEMS RECOVERED FROM BLUE SUZUKI

Ql 13 Metal fragment from driver's side foot well (Item 2)

Q114 Metal fragment from under driver's seat (Item 3)

Q115 Metal fragment from hatchback floor areiiJ- (Item 4)

The items listed below were received under cover of communication dated August 6, 2008, assigned Laboratory Number 080805001 and were examined in the Chemistry Unit:

Q l 79.;Q228 :Fifty exemplar 7.q2mm, cartridges

Q23 l-QZ50 Twenty exemplar 5.56mm cartridges

this report supplements the FBI Laboratory reports dated January i 4, 2009 and February 26, 2009 and contains the results of additional metallurgy examinations.

Results of Examinations:

Metallurgical examinations were made-0f the components from~ exemplar 5.56mm M995 cartridge and an exemplar 7.6Zmtn M993 c_artridge. Both cartridges employ bullets having black coatings o.n theit tips.

Tue bullet fro~ the exemplar M993 cartridge includes a tungsten base core. The back ofthe core is covered by a cup-shaped, aluminum alloy sleeve. The bullet jacket is comprised of brass plated steel which. is substantially similar to that employed on some ofthe preViously examined bullets from the Q l 79-Q228 cartridges. However, as previously reported, the brass plated, steel jacketed blJ}lets extracted from the Q l 79-Q228 exemplar cartridges have antimonial lead cores.

Page2of4

071126014 PO HJ 080410018 PO HJ 080805001 PO HJ For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 108 of 177

The bullet from the exemplar M995 cartridge includes a tungsten base core. The back of the core is covered by a cup-shai>ed aluminum. sleeve. Both components are readily distinguished from those used in the M993 cartridge based upon their physical dimensions. Tue bullet jacket is composed of a low zinc brass which is substantially similar to that employed as a jacketing-on the Q23 l-Q250 M855 r01.mds.

Further physical and chemical examinations of the Ql 5 and Q113 fragments determined that they are consi$tent ~i.th having originated from the core o~ a M993 bullet as represented by the exemplar examined. They are physically inconsistent with the core of a M995 bullet as represented by the exemplar examined.

Based on the preVi.ous examfuations of the Q114-Q 115 aluminum alloy mgments, it was copcl_uded they could ha~ originated from an obje.ct $imilar to the cup shaped, aluminum alloy sleeve from the M'.993 eJt;emplar cartridge. Moreover, the alloys CQmprising the exemplar sleeve and the Q 114 and Ql 15 fragments are analytically v~ similar.

Radiographic inspections were made of the QI. Q3, Q42, and Q51-Q54 bullets. Radiographic inspe.ctions were also made ofexemplar M993, M995, M855 and MSO cartridges for comparison pilrposes. Based upcm these and the other ex~inations made, the Q 1 bullet appears consistent with the type of bullet loaded into the M993 exemplar cartridge. The QI round was not sectioned to confirm that it contains a tungsten base oore.

Radiographic examinations of the Q3 and Q51 bullets determined these to have multi-component cores with a nulio-opaque material near the nose of the ~ullet. However$ items Q3 and QS l are physically distinguishable from eaeh other. In addition, items Qj and Q51 are inconsisrent with the previously examined Q179-Q228 and-Q231-Q250 cartridges and the M80, M855, M993 and M995 exemplar cartridg~ that were examined.

As previously reported, the exposed portion of the Q52 core, which is visible at the damaged ~ose of the bullet, consists of unhardened lead. Moreover, QS-2 is physically similar to the QSl bullet. However, due to the damage to Q52, it could not be definitely ascertained that it contains a core structure identical to the QSl bullet based upon the radiographic inspections perfom1ed. However, Q52 is inconsistent with the previously examined Q 179-Q228 and Q23 l-Q250 cartridges and the M80, M855, M993 and M995 exemplar cartridges.

I Page 3of4 I 071126014 PO HJ I1· ' 080410018 PO ID 080805001 PO ID For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 109 of 177

Radiographic examinationS of the Q42, Q53 and Q54 bullets suggests that these have monolithic coxe structures.. As previously reported, the cores-of all 1bree bullets contain lead_alloys. Items Q42, Q53 and Q54 are physicaliy inconsistent with the bullets from the previously examined QI 79-Q228 and Q231-Q250 cartridges and the M80; M855, M991 andM995 exemplar cartridges.

The above discussed items were examined using physfoal measurements an.a x-ray fluorescence spectroscopy. In addition, items Q 15, Q113 and the bullet core from the exemplar M993 cartridge were examined using scanning electron microscopy and energy dispersive spectrometry. The Q1, Q3, Q42 and Q51-Q54 bullets and exemplar M993, M99S, M855 and M80 cartridges were examined using digital radiography.

Remarks:

The submitted items are being retained in the FBI Laboratpry. The fin;d disposition will be addressed in a separate cm:nmunicatiQn.

For q'Uestion.S about the content of this report,, please con.tact Examiner Michael A. Smith at (703) 632-7435.

For qvestions about the status of your submission, please contact Request CQordinator S~on Ruminski at (703) 632-8801.

Michael A. Smith. Chemistry Unit

This report contains the· opinions/interpretation8 of the examiner(s) who issued the report.

Page4of4

071126014 PO HJ 0804100 I 8 PO HJ 08080500 I PO ID For Official Use Only . i Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 110 of 177 ! i I 1-1 (Rev. 1-10-06) • t

2501 Investigation Quantico, Vugfnia

REPORT OF EXAMINATION

To: Washington Field Date: Septemberl0,2009 CT-8 I SA Ronald R. Pete~ Jr. ease mNo.: ?OA-WF-237079 -JeS Lab No.: 071126014 PO HJ I 080805001 PO ID I i l :Reference: Communications dated November 21, 2007, Apri.110, 2008, and August 6, 2008 I Your No.: Title: SHOOTING INCIDENT AT NISUR SQUARE TRAFFIC CIRCLE I BAGHDAD, IRAQ I Septeniber16,2007 f Date specimens received: November 26, 2007 and August 5, 2008

I The item listed below was received under cover of communication dated November 21 ~ 2007 ,, assigned Laboratory Number 071126014 and was examined in the Chemistry Unit: f t r Q90 Steering wheel (1B84, E04041712) ~ r The items listed below were received under cover of communication dated August 6, 2008, assigned I· Laboratory Number 080805001 and were examined in the Chemistry Unit: f Q231-Q250 Twenty exemplar 5.56rmn M855 cartridges

This report supplements the FBI Laboratory reports dated January 14, 2009, February 26, 2009 and /' September 8, 2009 and contains the results of additional metallurgy examinations.

Page 1 of2 I' I For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 111 of 177 . I . I . .

~ Ii

Reswts of Examinations:

Meta1lµrgical examinations of the Q90 steerjng wheel determined it to have a steel cone with a flattened top embedded in its surface. This cone was extracted for further examinations. Based on these exaiiiinations, and the results of prior examinations of item Q23 l, the cone from Q90 was concluded to be similar ill size and shape to the steel portion of the bullet cores from the Q231..Q250 cartridges as represented by Q23 I.

The methods used in these examinations include metallographic sectioning of the bullet from Q23l, x-ray fluorescence spectrometry and dimensional measurements.

Remarks:

The submitted items are being retained in the FBI Laboratory. The final disposition will be addtesSed in a separate communication.

For questions ~out the content oftb.is report, please c-0ntact Examiner Michael.A. Smith at (703) 632~7435.

For question5 about the status of your submission, please contact Request Coordinator Shannon Ruminski at (703) 632-8801.

Michael A. Smith ChemiStry Unit

This report contains the opinions/interpretations of the exarn.iner(s) who issued the report.

Page 2 of2

071126014 PO HJ 08080500 l PO HJ For Offieial Use Only

1· Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 112 of 177

7 ( Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 113 of 177

Maureen J. Bradley, Ph.D Page 1of5 October 2013 CURRICULUM VITAE

Maureen J. Bradley, Ph.D.

Federal Bureau of Investigation Laboratory Division, Chemistry Unit 2501 Investigation Parkway Quantico, VA 22135 (703) 632-7417

PROFESSIONAL EXPERIENCE

1998 - present Forensic Examiner/Supervisory Chemist Federal Bureau of Investigation

Responsible for examination of physical evidence submitted to the FBI Laboratory's Chemistry Unit in the areas of paint, pressure sensitive tape, polymeric materials, and automotive make-model-year searches. Duties include administrative documentation, determining and conducting necessary examinations, interpretation of the results of analyses, compilation of written reports, and oral testimony of findings. Participate in maintaining instrumentation, the National Automotive Paint File (NAPF), the Paint Data Query (PDQ, and the National Forensic Tape File (NFTF) Program. Serve as an instructor for FBI-sponsored paint and tape training courses provided to practicing forensic scientists. Conduct validation studies and research in the areas of paint and tape analyses, and present the results at scientific conferences and in scientific journals.

1992 -1997 Chemist Schenectady Materials and Processes Laboratory

Conducted qualitative and quantitative chemical analyses on a wide variety of materials, including: ·alloys, composites, polymers, and aqueous samples. Served as project coordinator to ensure technical excellence and timely completion of work requests. Recommended and/or developed analytical approaches to address clients' needs. Prepared comprehensive final reports summarizing findings. Wrote sample preparation and instrumentation test methods and calibration procedures to assure complete documentation and compliance with laboratory quality assurance requirements.

EDUCATION

May 1993 Rensselaer Polytechnic Institute Troy, NY Doctorate, Analytical Chemistry

May 1991 Rensselaer Polytechnic Institute Troy, NY Masters of Science, Analytical Chemistry

May 1989 College of Saint Rose Albany, NY Bachelor of Arts, Chemistry Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 114 of 177

Maureen J. Bradley, Ph.D Page 2 of5 October 2013 CURRICULUM VITAE

CERTIFICATIONS

2009 Trace Analysis Paints and Polymers Fellow, American Board of Criminalistics (ABC)

PROFESSIONAL AFFILIATIONS

2009 - present ABC 1999 - 2009 Scientific Working Group for Materials Analysis, Paint Subgroup

PROFESSIONAL TRAINING RECEIVED

2012 Leadership Development Seminar. National Conference Center, Leesburg, VA

201 O Crime Laboratory Development Symposium, Cincinnati, OH

2009 Standard Test Methods and Insuring Quality in the Trace Laboratory. Trace Evidence Symposium, Clearwater, FL Automotive and Architectural Pigment Examination. Trace Evidence Symposium, Clearwater, FL

2008 Scanning Electron Microscopy. Mccrone College of Microscopy, Westmont, IL The Application of Raman Spectroscopy in Forensic Science. International Association of Forensic Science, New Orleans, LA Site visit to paint application section of automobile manufacturing plant. BMW, Spartanburg, SC Site Visit to tape manufacturing plant. lntertape Polymer Group, Columbia, SC Site visits to textile manufacturer. Miliken, Laurens, SC and Johnston, SC

2007 Trace Evidence Symposium. National Institute of Justice, Clearwater Beach, FL

2005 ASCLAD-LAB-lnternational Assessor Training. American Society of Crime Laboratory Directors, Quantico, VA

2004 Paint Data Query Workshop. South Atlantic Association of Forensic Scientists, Orlando, FL Improving Crime Lab Efficiency. FBI Crime Laboratory Directors Development Symposium, Minneapolis, MN Pyrolysis Workshop. CDS Analytical, Richmond, VA

2003 Fracture Match Theory. Midwestern Association of Forensic Scientists, Columbus, OH Advanced Technology for Pressure Sensitive Adhesive Tapes. Pressure Sensitive Tape Council, Chicago, iL . Site visit to automobile manufacturer. Honda of America, Marysville, OH Site visit to automobile headlight and taillight manufacturer. Stanley Electric US, London, OH

2001 Fundamentals of Pressure Sensitive Adhesive Tapes. Pressure Sensitive Tape Council, Chicago, IL Site visit to architectural coatings manufacturer. Sherwin Williams, Baltimore, MD

2002 Site visit to tape manufacturing plant. Shurtape Technologies, Hickory, NC

2000 Introduction to Coatings Science. University of Southern Mississippi, Hattiesburg, MS Applied Polarized Light Microscopy. Mccrone Research Institute, Chicago, IL

1999 Mass Spectrometry. FBI Academy, Quantico, VA The Forensic Analysis of Paints and Tapes. FBI Academy, Quantico, VA Paint Data Query (PDQ) Training. FBI Academy, Quantico, VA Chromatographic Methods in Forensic Science. FBI Academy, Quantico, VA Fundamentals of X-ray Powder Diffraction. ICDD, Newtown Square, PA Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 115 of 177

Maureen J. Bradley, Ph.D Page 3 of5 October 2013 CURRICULUM VITAE

Moot Court. George Washington University, Washington DC New Examiner Training Core Curriculum. FBI, Quantico, VA and Washington DC Infrared Spectrometry for Trace Analysis. FBI Academy, Quantico, VA Basic Composition of Coatings. University of Missouri-Rolla, Rolla, MO Practical Capillary Gas Chromatography. J&W Scientific, Quantico, VA Corporate research and development facility tour. BASF Corporation, Southfield, Ml Site visit to tape manufacturing plant. Permacel, New Brunswick, NJ

1998 Evidence Response Team Training Course- Crime Science Management and Evidence Collection. FBI, NY Field Office

PROFESSIONAL TRAINING GIVEN

2010 Forensic Analysis of Paints. FBI Academy, Quantico, VA, Class Coordinator and Instructor

2008 Forensic Analysis of Pressure Sensitive Tapes. FBI Academy, Quantico, VA, Class Coordinator and Instructor

2006 Forensic Analysis of Paints. FBI Academy, Quantico, VA, Class Coordinator and Instructor Forensic Analysis of Pressure Sensitive Tapes. FBI Academy, Quantico, VA, Class Coordinator and Instructor

2005 Forensic Analysis of Paints. FBI Academy, Quantico, VA, Class Coordinator and Instructor Forensic Analysis of Pressure Sensitive Tapes. FBI Academy, Quantico, VA, Class Coordinator and Instructor

2004 Forensic Analysis of Paints and Polymer. FBI Academy, Quantico, VA, Instructor

2003 Forensic Analysis of Paints and Tapes. FBI Academy, Quantico, VA, Lecturer

2002 Introduction to Hairs and Fibers. FBI Academy, Quantico, VA, Lecturer The Forensic Analysis of Paints and Tapes. FBI Academy, Quantico, VA, Lecturer

CONFERENCE PRESENTATIONS

2012 SWGMAT Annual Meeting, Fredericksburg, VA "Discrimination of Single White Layer Architectural Paints by Raman Spectroscopy" M. Bradley

1 2010 INTERPOL 16 h International Forensic Science Symposium, Lyon, France. "Review of Paint Literature: 2007-2010" M. Bradley, A Mehltretter, and D. Wright

2009 European Paint and Glass (EPG) Group Annual Meeting, St. Gallen, Switzerland. "Architectural Paint Comparisons: Significance of an Association" A Mehltretter, D. Wright, and M. Bradley Trace Evidence Symposium, Clearwater, FL. "Discrimination of Architectural Paints Via Physical and Chemical Methods of Analysis" D. Wright, M. Bradley, and A Mehltretter AAFS 61th Annual Meeting, qenver, CO. "Analysis and Discrimination of Electrical Tape Backings by Fourier Transform Infrared Spectroscopy (FTIR) and Pyrolysis - Gas Chromatography I Mass Spectrometry (Py-GC/MS)" A Mehltretter, M. Bradley, and D. Wright AAFS 61th Annual Meeting, Denver, CO. "Discrimination of Non-White Architectural Paints Via Physical and Chemical Methods of Analysis" M. Bradley, A Mehltretter, and D. Wright

2008 European Paint and Glass (EPG) Group Annual Meeting, Delft, The Netherlands. "An Overview of Discrimination Studies Being Conducted at the FBI Laboratory on Tapes and Paints" M. Bradley, A. Mehltretter, and D. Wright Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 116 of 177

Maureen J. Bradley, Ph.D Page4of5 October 2013 CURRICULUM VITAE

1 AAFS 60 h Annual Meeting, Washington, D.C. "Analysis and Discrimination of Electrical Tape Adhesiyes by Fourier Transform Infrared Spectroscopy (FTIR) and Pyrolysis - Gas Chromatography I Mass Spectrometry (Py-GC/MS)" A Hobbs, T. Belgard, M. Bradley, and D. Wright

2007 INTERPOL 151h International Forensic Science Symposium, Lyon, France. "Review of Paint and Glass Literature: 2004-2007" M. Bradley, A Mehltretter, D. Wright, and R. Koons AAFS 59lh Annual Meeting, San Antonio, TX. "New Approach for the Analysis of Duct Tape Backings" A Hobbs, J. Gauntt, R. Keagy, P. Lowe, D. Ward, and M. Bradley

1 2006 AAFS 58 h Annual Meeting, Seattle, WA "Use of a Database for Significance Assessment and Sourcing of Duct Tapes" A Hobbs, M. Bradley, J. Gauntt, D. Ward, and M. LeBeau. 1 AAFS 58 h Annual Meeting, Seattle, Washington. "A Validation Study for Electrical Tape End Matches" M. Bradley, J. Gauntt, A Hobbs, P. Lowe, D. Wright, and M. LeBeau

2005 Pressure Sensitive Tape Council Meeting, Washington DC. "The Role of Pressure Sensitive Tape in the FBI Forensic Laboratory" and "The FBI Laboratory's Tape Analysis Protocol with Case Example Featuring Assistance by PSTC Members" M. Bradley AAFS 57lh Annual Meeting, New Orleans, LA. "Proper Storage of Tape Evidence to Prevent Phthalate Interferences" M. Bradley, A Hobbs, P. Lowe, R. Keagy, D. Wright, and M. LeBeau

2004 AAFS 561h Annual Meeting, Dallas, TX. "A Validation Study of Physical Associaitons of Duct Tape Ends" M. Bradle~, R. Keagy, P. Lowe, M. Rickenbach, and D. Wright AAFS 561 Annual Meeting, Dallas, TX. "Discrimination of Duct Tape Samples Using FTIR, SEM/EDXA, and XRD Analysis" P. Lowe, M. Bradley, R. Keagy, D. Ward, and D. Wright Pittsburgh Conference on Analytical Chemistry and Applied Spectroscopy, Chicago, IL. "The Analytical Approach and Significance Assessment of an Atypical Type of Trace Evidence" M. Bradley, P.Lowe, and D.Ward

1 2003 AAFS 55 h Annual Meeting, Chicago, IL. "Glitter: The Analysis and Significance of an Atypical Trace Evidence Examination" M. Bradley, P. Lowe, M. Smith, and D. Ward

2001 Pressure Sensitive Tape Council Technical Conference, Orlando, FL. "The Forensic Examination of Pressure Sensitive Tapes" M. Bradley

2000 Toronto Society for Coatings Technology, Toronto, Ontario, Canada. "The Forensic Examination of Paint Evidence" M. Bradley

PUBLICATIONS

Muehlethaler, C, Massonnet, G, Bradley, M, Deviterne, M, et. al. Survey on batch-to-batch variation in spray paints: A collaborative study, Forensic Science International, 2013, 229, 80-91

Mehltretter, AH, Bradley, MJ. Forensic analysis and discrimination of duct tapes, Journal of the American Society of Trace Evidence Examiners, 2012, 3(1); 2-20.

Mehltretter AH, Bradley MJ, Wright DM. Analysis and discrimination of electrical tapes: Part II. Backings, Journal of Forensic Sciences, 2011, 56(6);1493-1504

Wright DM, Bradley MJ, Mehltretter AH. Analysis and Discrimination of Architectural Paint Samples via a Population Study, Forensic Science International, 2011, 290(1-3):86-95

Bradley M, Gauntt J, Mehltretter AH, Lowe PC, Wright DM. A validation study for vinyl electrical tape end matches. Journal of Forensic Sciences, 2011, 56(3):606-611 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 117 of 177

Maureen J. Bradley, Ph.D Page 5 of5 October 2013 CURRICULUM VITAE

Mehltretter AH, Bradley MJ, Wright DM. Analysis and discrimination of electrical tapes: Part I. Adhesives, Journal of Forensic Sciences, 2011, 56(1):82-94

Bradley MJ, Hobbs AL, Wright DM. Paint Literature Review: 2007-2010, in Review Papers, INTERPOL 16th International Forensic Science Symposium, Lyon, France, October 5-8, 2010:113-181

Bradley MJ, Hobbs AL, Wright DM, Koons R. Paint and Glass, A Review: 2004-2007, in Review Papers, INTERPOL 15th International Forensic Science Symposium, Lyon, France, October 23-26, 2007:100-167

Bradley MJ, Keagy R, Lowe PC, Rickenbach MP. A Validation Study for Duct Tape End Matches. Journal of Forensic Sciences, 2006, 51(3):504-58 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 118 of 177

7-1 (Re\·. 7-10-06)

2501 Investigation Quantico, Virginia

REPORT OF EXAMINATION

To: Washington Field Date: September 28, 2009 CT-4 SA Thomas F. O'Connor Case ID No.: 70A-WF-237079

Lab No.: 090724003 PO MA

Reference: Communication dated July 22, 2009

Your No.:

Title: SHOOTING INCIDENT; NISUR SQUARE BAGHDAD IRAQ SEPTEMBER 16, 2007; OO:WF

Date specimens received: July 24, 2009

The following specimens were examined in the Chemistry Unit:

Q261 Driver's side rear bumper from VW Caddy (1B128, E4374372. #1)

Q26 l. l-Q26 l .2 Paint chips recovered from Q26 l

Q261.3 Pink granular material comprising a smear on Q26 l

Q262 Passenger side front bumper from Kia (1Bl28, E4374372, #2)

The results of the requested paint comparison examinations are included in this report.

Results of Examinations:

Page 1of3

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 119 of 177

The Q261 bumper section is a black plastic substrate with the top approximately three quarters of its surface painted white with a clear coat. The remainder of Q26 I is covered by a black molding. The Q262 bumper section consists of a black plastic substrate that is painted white. On one area of Q262, the top white layer of paint is missing, exposing an underlying pink body filler material.

Q26 I and Q262 were examined for indications of paint transfer between one another. There is no evidence of transfer of the paint system of the Q261 bumper section to Q262.

Present on the surface of Q261 were several two layer (white over pink) paint chips. There are also multiple areas on Q26 l where a pink granular material is present in the form of deposits and smears. Samples of the paint chips and one of the pink smears, designated as Q261.l, Q26l.2, and Q261.3, were removed from Q26l and compared to Q262.

Based on the examinations conducted, the white and pink layers of paint that comprise the Q26 l . l and Q26 l .2 paint chips are comparable in appearance and chemical composition to the top white repaint layer and underlying pink body filler material of Q262. Furthennore, the smeared pink material designated as Q26 l .3 is also comparable in appearance and chemical composition to the same pink body filler material on Q262. Therefore, the source of the Q261.l through Q261.3 materials recovered from Q261 is Q262, or another vehicle panel painted in the same exact manner.

The following analytical techniques were utilized in the examination of these items: visual and microscopic examinations, Fourier transform. infrared spectroscopy (FT-IR). microchemical spot tests. and scanning electron microscopy with energy dispersive X-ray spectroscopy (SEM/EDS).

Remarks:

In incidents involving multiple vehicles. laboratory examinations cannot determine which of the vehicles may have initiated contact.

The evidence is being retained at the FBI Laboratory. Its disposition \\-ill be the subject of a separate commwiication.

Page 2of3

090724003 PO MA

For OfficiaJ Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 120 of 177

For questions regarding the content of this report, please contact Forensic Examiner Maureen J. Bradley at (703) 632-7417.

For questions regarding the status of your submission. please contact Request Coordinator Shannon Ruminski at (703) 632-8801.

Maureen J. Bradley, Ph.D. Chemistry Unit

1hls report contains the opinions/interpretations of the examiner(s) who issued the report.

Page 3of3

090724003 PO MA

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 121 of 177

8 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 122 of 177

Infantry Officer Course

BIOGRAPHICAL BACKGROUND

Name: Marine Gunner .CW03 Shelby S. Lasater DOB/POB: 29 Marl972/Tehran, Iran

CHRONOLOGICAL RECORD OF MILITARY SERVICE DATES UNITS BILLETS HELD Aug 91-Jan 95 1/7 Gunner Section Leader Feb 95-Apr 98 TBS/EI Company/Wpns Plt A/Instructor May 98-Aug 01 3/7 Sec Ldr Plt Sgt SeptOl-Jan 04 WTBN/SAWIC Instructor Jan 04-Jul 06 3/7 Plt Sgt Plt Com Aug 06-Jan 08 JI ED DO Infantry Advisor Jan 08-Sept08 TBS Student Oct 08-0ct 11 1/1 Bn Gunner Nov 11-Present TBS/IOC IOC Gunner MILITARY EDUCATION DATES MILITARY SCHOOLS/COURSES ATTENDED Jun 91 Marine Combat Training Jul - Aug 91 Infantry Training Battalion 0331 SOI West Sept91 Jungle Warf are Course Panama Oct - Nov 95 Sgt Course Jan 96 Instructor Training Course Jun - Jul 96 Squad Leader School Jun - Jul 99 Career Course Dec 00 Foreign Vehicle Course (US Army 203rd MIB) Oct 01 Advance Pistol Instructor Course (FBI) Mar - Apr 02 SAWIC (MOS 8532) Apr 02 Law Enforcement Training Street Survival (FBI) Jul 02 Foreign Weapons Course (US Army 203rd MIB) Oct - Dec 02 Infantry Officer Course . Mar 03 Amphibious Warf are School NonRes Phase 1 Aug 03 Amphibious Warfare School NonRes Phase 2 Oct 03 Sniper Platoon Commander Course Dec 03 MCMAP Green Belt May 07 Counter IED T3 US Army Engineer School Jan 08 Combat Marksmanship Coaches Course (MOS 0933) Jan 08 Combat Marksmanship Trainer Course (MOS 0931) Feb - May 08 TBS/WBOC Jun 08 Foreign Weapons Course (USMC) Sept08 Infantry Weapons Officer Course

CIVILIAN EDUCATION DATES DEGREE OBTAINED NAME OF SCHOOL Jan 91 HS Diploma Plano Senior High Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 123 of 177

9 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 124 of 177

W. Mark Whitworth Page 1 of4 August 21, 2013 CURRICULUM VITAE

W. Mark Whitworth Federal Bureau of Investigation Explosives Unit, Room 4140 2501 Investigation Parkway Quantico, VA 22135 (703) 632-7648

PROFESSIONAL EXPERIENCE

May 1997 - Present Explosives and Hazardous Devices Examiner FBI Laboratory Federal Bureau of Investigation Quantico, VA

To conduct forensic examinations of evidence in explosive related cases in order to identify bomb components and reconstruct explosive devices. Serve as an advisor to Evidence Response Teams at bombing crime scenes for the purpose of collection and preservation of physical evidence. Conduct training programs for law enforcement personnel involved with explosive matters, and conduct research and testing of explosives and explosive devices.

June 1995- May 1997 Special Agent Bomb Technician Washington Field Office Federal Bureau of Investigation Washington, DC

Responded to investigations and calls regarding Improvised Explosive Devices (IEDs) and conducted operational Render Safe Procedures (RSP) in conjunction with local and state bomb squads. Collect and maintain evidentiary items in support of bombing investigations, forwarding evidence to FBI Explosives Unit for forensic exploitation. Present prosecutive packages to US Attorney's Office for opinion and prosecution. Conduct IED RSP and Post Blast Investigator training for local and state bomb squads.

January 1995 - May 1997 Evidence Response Team Assistant Team Leader Washington Field Office Federal Bureau of Investigation Washington, DC

Performed evidence recovery operations at crime scenes, involving local and federal crimes. Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 125 of 177 w. Mark Whitworth Page 2 of4 August 21, 2013 CURRICULUM VITAE

May 1992- May 1997 Special Agent Washington Field Office Federal Bureau of Investigation Washington, DC

Conducted a variety of Counter Terrorism and Bomb Investigations.

October 1988 - May 1993 Special Agent Richmond Field Office Roanoke Resident Agency Roanoke, VA

Conducted a variety of criminal investigation~.

EDUCATION

Auburn University Auburn, Al Bachelor of Aerospace Engineering 1987

PROFESSIONAL TRAINING

Hazardous Devices School, Redstone Arsenal, Huntsville, Alabama May of 2010 Hazardous Devices Recertification Course

FBI Post Blast Investigators School, June of 1996

Hazardous Materials First Responders Course, June of 1996 and May of 2009

Hazardous Devices School, Redstone Arsenal, Huntsville, Alabama, June of 1995 Certified Special Agent Bomb Technician, June of 1995 - Present

FBI Evidence Response Team Training, January of 1995

PROFESSIONAL AFFILIATIONS

1988 - Present FBI Agents Association

FORENSIC CASEWORK EXPERIENCE

Crime Scene I Field Office Investigation and Support:

6/98 - 7/09 Explosives Unit - Post Blast Investigations - Training Coordinator

10100 - Present Explosives Unit - Coordinating Examiner of the investigation into the bombing of the U.S.S. Cole Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 126 of 177

W. Mark Whitworth Page 3 of4 August 21, 2013 CURRICULUM VITAE

9/08 Explosives Unit - Coordinating Examiner and crime scene processing of the attack on the U.S. · Embassy Sana'a, Yemen

2/08 Explosives Unit - Technical Assistance Banja Luka, Bosnia.

3/06 Explosives Unit - Crime Scene Processing of Star Princess Cruise Liner fire, Bahamas.

9/04 Explosives Unit - Coordinating Examiner and crime scene processing of the bombing of DynCorp facility Kabul, Afghanistan

12/03 Explosives Unit - Technical Assistance: Travel to Pakistan to provide assistance Pakistani authorities investiga.te bombing attacks on Pakistani President Pervez Musharraf

11/02 Explosive Unit - Technical Assistance: Traveled to Bali, Indonesia to provide assistance to I ndonesian and Australian authorities processing the crime scene at the bombing of the Sari Club

9/01 Evidence/Body Recovery Team Leader Pentagon

8/00 Explosives Unit - Technical Assistance: Traveled to Jakarta, Indonesia to provide assistance to Indonesian and Philippine authorities processing the crime scene at the bombing of the residence of the Philippine Ambassador to Indonesia ·

11/99 - 4/00 Explosives Unit - Coordinating Examiner of the investigation into the crash of Egypt Air, Flight 990

8/98 Explosives Unit - Processing of scene at the U.S. Embassy bombing Nairobi, Kenya

8/98 Explosives Unit - Technical Assistance: Traveled to Cape Town, South Africa to provide assistance to local authorities investigating the bombing at the Planet Hollywood Restaurant

2/98 Explosives Unit - Technical Assistance: Participated in searches associated with the bombing of an abortion center in Birmingham, Alabama

1/98 Explosives Unit· Technical Assistance: Traveled to St. Lucia, West Indies to provide assistance to local authorities investigating the bombing of two fishing boats

12/94-5/97 FBI Washington Field Office Bombing Investigations Coordinator

1/96 FBI Washington Field Office Explosive Ordinance and Disposal (EOD) Coordinator 1996-97 Presidential Inauguration

10/96 FBIHQ - Explosives Unit Operational Support: Provided support to the FBI Pittsburgh Division during searches related to t he Mountaineer Militia.

9196 FBIHQ - Explosives Unit Operational Support: Provided support to the FBI New York Division during the investigation of the crash of TWA 800.

7/96 FBI - Washington Field Office EOD Coordinator 1996 Olympic Soccer Games Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 127 of 177

W. Mark Whitworth Page 4of 4 August 21, 2013 CURRICULUM VITAE

9/96-7/96 FBI-HQ - Explosives Unit Crime scene section leader for the 6/25/96 bombing of the U.S. Air Force housing complex in Dhahran, Saudi Arabia.

3/96 FBIHQ - Bomb Data Center Instructor: Advanced Bomb technicians training at Forsythe, Georgia, for the 1996 Olympic Games.

11/95 FBIHQ - Explosives Unit Technical Assistance: Traveled to Islamabad, Pakistan to provide assistance to Pakistani and Egyptian authorities processing the crime scene at the bombing of the Egyptian Embassy.

10/95 FBI -Washington Field Office EOD Coordinator - 1995 Million Man March Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 128 of 177

7-1 (Rev. 7-10-06}

2501 Investigation Quanti¢0, Virginia

REPORT OF EXAMINATION

To: Washington.Field Date: October 1, 2009 CT-4 SA Thomas F. O'Connor CaselDNo.: 70A-WF-237079- ~,,

Lab No.:· 090827010 PO KV

Reference: Cottrinunication dated August 7, 2009

Your No.:

Title: SH;OOTING INCIDENT; NISUR SQUARE BAGHDAD IRAQ SEPTEMBER 16, 2007;

Date specimens received: AugUst 27, 2009 and September 25, 2009

The following items were received and examined in the EJ.plosives Unit:

Q263-Q264 Compact discs containing recorded images

Q265 Compact disc containing recorded images

This report contains the results c;>fthe Explosives Unit device examination$.

BACKGROUND:

The Explosives Unit was requested to review photographs taken in.relation to the above captioned shooting incident in Nisur Square. Baghdad. Iraq on September 16, 2007. The purpose of this review was to determine the cause of damage to two vehicles that were in the square during the incident and damage in the playground area of an Elementary School near the square.

Page 1of16 Enclosures (7) . For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 129 of 177

r I I The Explosives Unit was also requested to perform explosives test using 40 mm grenade I projecti1es that were available to individ~s Involved in th~ it;icident. Th~ individuals where in I possession of 40 mm M203 Grenade 4unc;;hers. The Explosives Unit was further request.ed to record 1 the results of those tests and wn:ip~ the resulting ~e to the provided photographs.

I The· Explosives Unit was provided with a one (l) case of M433 HE DP projectiles to use. as a known explosives sample during the explosive test. I· ·1 M203 Grenade L•uncher:

The M203 Grenade Launcher as described in the Department of the Army Field Manual (FM) (FM 3-22.31) is a lightweight,. single shot, breach-loaded, pump action, shoulder fired weapon, which is mounted under rifles or carbines. The launcher utiliz.es several 40 mm projectiles, to include high-explosive projectiles, and launches the projectile to a ma:Ximum effective range of 350 meters. As detailed in the FM the there ate several safe firing tanges for high explosive projectiles to include minim.um safe distances for training, protected firing positions and combat These ranges are shown in the following illustration.

. .. 31 118 1• 350 102 541 1116 I -.j:- J~

M433 40 mm HE DP Projectile:

The M433 High Explosive (HE) Dual Purpose (DP) projectile is one of the high explosive projectiles utilized with the M203 Grenade Launcher. Tue M433 ptojecti]e contains fragmentation and

Page2 of16

0908270 IO PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 130 of 177

a shape charge and according to the FM 3-22.31 can cause casualties within 165 meters, incapacitation within 15 meters, death within 5 meters and penetrate at least 2 inches of armor.

The damage created by the M433 is - ~used by the explosive effect of the main charge. a shape charge effect created by a shape charge liner, fragmentation of the projectile body and fuzing system, and a fragmentation cup in the base.

A review of the Department of Defense Technical Manual (I'M) (D-2-2-23-7) on the M433 revealed that it is a perc~ion fired projectile with~ wint detonating, ~ sensitive fuze. The · projectile main charge is 45 grams ofRDX or Composition A5 (a RDX based explosive containing ,Stearic Acid). The projectile is armed by a combination of forces exerted while it is being launched and centrifugal spin imparted oil the projectile by rifling in the launcher barrel. The projectile must travel between 14 meters and 27 met

Page 3of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 131 of 177 : . I I.I !

M43 3 Cartridge: Appe aranceand Dime .nsious

I I I ! I

Page 4 of i6

0908270 lO PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 132 of 177

i ! M433 Cartridge: General Arrangement (Cutaway) I

1 The results of the review submitted specimens and requested test are detailed as follows: I ! I RESULTS OF EXAMINATION: i I Specimen Q263: I Specimen Q263 is a Compact Disk (CD) identified as containing. "Pictures of Vehicles Disk 1." A review of this disk revealed two folders titled, "White KIA" and "White VW Caddy". The ! folder titled "White KIA" is further subdivided into "White KIA #1" and White KIA #2".

I ! The "White KiA # 1" foider contains l 15 photographs~ tr> include various photographs of a heavily damaged white four door sedan. lbe sedan exhibits heavy fire damage and has numerous puncture holes. Two views of the sedan shown in the folder "White KIA #1" can be seen in the I following images. I ·1 I I ·t I I I Picture 5 (Q263) WhiteKIA#l Picture 18 (Q263)White KIA #1 i j

The review of the photographs contained in the "White KIA #1" folder failed to reveal any damage that could be directly associated with an explosive related event

The "White KIA #2" folder contains 27 phorographs, to include various photographs of the same heavily damage white four door sedan depicted in folder "White KIA #1 ". A review of the

Page 5 ofl6

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 133 of 177

photographs contained in this folder failed to reveal any damage that oould be directly associated with and explosive related event

The ''VVhite VW Caddy'' folder contains 173 photographs, to include various photographs of a white two door box truck. The box truck has two large holes, one. located in the driver's side door and one in the passenger c0mpartment roo~ and numerous puncture holes, Two views of the box truck shown in the folder "White VW Caddy" can be seen in the following images.

Picture 5 (Q263) White VW Caddy- Picture 2 (Q263)White VW Caddy

·A review ofthis folder revealed numerous views of the large holes in the Qriver's door and passenger compartment roof. These photographs were taken from various angles distances and perspectives. A detailed review of these photographs revealed damage consistent with shock holing and high velocity fragmentation penetration to the driver's side

Specimen Q264:

Specimen Q264 is a Compact Disk (CD) identified as containing, "Pictures of Vehicles Disk 2. '' A review of this disk revealed two folders titled, ''VW Caddy" and "White KIA 3 ".

i Page 6 ofl6 I I 090827010 PO i; For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 134 of 177 r ! t The "VW Caddy" folder contains 49 photographs, to include various photographs of the f white two door box: truck discussed under Specimen Q263. No new ¢onclusions were derived from the review of these pootographs.

The "White KIA 3'; folder contains 28 photographs, to include various photographs of the white four door sedan discussed under Specimen Q263 and a white four door sedan not depicted in Specimen Q263. No new conclusions were derived from the review of these photographs.

Specimen Q265:

Specimen Q265 is a Compact Pisk (CD) titled, "White KIA/School." A reView of this disk revealed two folders titlec4 "School" and "White KIA".

The "School" folder contains 16 photographs taken in an outdoor setting containing buildings and .other equipment. Several photographs depict high velocity fragmentation damage to walls and a bench. The photographs also show a depression in the soil. A positive determination could not be reached as to the cause of the damage depicted in these photographs.

The "White KIA" folder. contains 16 photographs which depict the undercarriage of a vehicle wbich js visually e;onsistent with the 4 door sedan shown in the "White KIA" photographs fOUiid in Specimen Q263. A view of the undercarriage can be seen in the following photograph.

Page 1of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 135 of 177 • j ) · I I

I I .I I I I I Picture 6

I . A detailed review of these photographs revealed damage consistent with shock holing and high velocity fragmentation penetration. The damage to the lllldercaniage is visually consistent with I damage produced by a high explosive device producing high veloeity :fragmentation. The damage to I I this vehicle will be compared to damage produced by the M433 projectile in a later section of the report. I i Explosive Testing:

I A series of explosives test were conducted to obtain reference material that could be compared to the damage observed on the submitted photographs. One case of M433 HE DP f. projectiles was obtained to be used as a known explosive reference sample. One case of projectiles I contains 72 separate projectiles. On the first day of testing 42 projectiles were fired to sight in the weapon used to launch the grenades. A M79 mna4e fauncher was used for the test. The M79 is a single $hot stan,d alone weapon, that was replaced by the M203. The M79 functions very similar to the M203 and would not alter the perfonnance characteristics of the M433 J?rojectile. This day of testing also allowed the members participating in the test to obtain a level of comfort regarding the fragmentation raditis. of the projectile. Test sho:ts were conducted at a range of approximately 75 meters. All participants in the test wore body annor an

On the second day of testing two vehicles, a van and a sedan, were obtained as target material. A total of 8 shots were conducted as part of the testing and the launcher was fired from approximately 75 meters behind the berm. All participants wore body annor and helmets. The test were videotaped and photographed and consisted of the following .shots:

Page 8of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 136 of 177

Shot #1 One M433 projectilewas'firedapiece of sheet metal to test the sights on the M79 grenade launcher.

Shot #2 One. M433 projectile was fired at the van's driver side door. The _projectile impacted the van high and to the left and struck the door post of the vehicle and detonated.

Shot #3 One M433 pt-0jectile was. fired at the van's drivers .side door and impacted in the lower half and detonated.

Shot #4 One. M433 projectile was fired at the sedan, in an attempt to detonate the projectile under the vehicle. This projectile.landed shOrt .and detonated.

Shot #5 One M433 projectile was !ired at th.e sedan, in an attempt to deto11aJe the projectile under the vehicle. This projectile: lancU::d ·short and detonated.

Shot #6 One M433 projectile was :fired at the sedan, detonated under the vehicle.

Shot #7 One M43J projectile was fu:ed at the roof of the 'Vall. Thi$ projectile'impacted on the luggage rarik? detonat«l, and did not blow a hole in the vehicle.

Shot #7 One-M433 projectile wa8 fired at the roof of the van, hnpacted on the roof and detonated.

General damage caU$ed to the vehicle by the test are documented in the following photo~phs.

Van Driver Sedan Undercarriage -

Page 9of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 137 of 177 r

Van Roof

Comparative Exams:

The documented damage recorded as a result of test firing the M433 projectiles was then compared to the photographs documenting the damage from captioned incident. These results are compared below:

Door ·Damage on Box Truck as · Compared to the Door :Damage on the Target Van.

Page I0-0f16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 138 of 177 I I

Door From Picture 5 (Q263)

l [ I I I r I i i I !

Damage to Van Caused by M433 Projectile Roof Damage on Box Ttuck as Compared to Roof Damage on Target Van.

Page 11 of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 139 of 177

Roof Box Truck From Picture 29 (Q263)

Damage to Van ·,Caused by M433 Projectile

Interior Roof Damage on Box Truck as Compared to Interior Roof Damage on Target Van.

Page 12of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 140 of 177

Interior Roof <>fBox Truck From Picture 132 (Q263)

Interior Damage to Van Caused by M433 Projectile

Page 13of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 141 of 177

Undercarriage Damage to Sedan as Compared to Damage tQ Target Sedan.

I I I Un4ercarriage of Sedap. From Picture 11 (Q265) I i

Page 14of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 142 of 177 t j.

I Undercarriage Damage to Target Sedan Caused by M433 Projectile

CONCLUSIONS:

Based

The damage to the door and roof of the two door box truck, involved in the incident in Nisur Square, is visually consistent with the damage created by the M433 HE DP projectile on the target vehicle. Thi$ damage in~ludes high explosive shock hoiing an

The damage to the undercartiage of the sedan; involved in the incident in Nisur Square; is visually consistent wjth the damage created by the M433 HE DP projectile to the target vehicle. this cfamage included high explosive shock holin$ and high velocity fragmentation damage caused by the fragmentation cup in the base of the ptojeetile. Based on the observed fragmentation damage to the undercarriage of the sedan, the projectile body was oriented with its side toward the undercarriage. This orientation accounts for the linear fragmentation pattern to the undercarriage.

Remarks:

For questions concerning the content of the content of this report, please contact SSA W. Mark Whitworth, at (703) 632-7633.

For questions concerning the status of other exams or request, please contact the Request Coordinator Shannon RUm.inski, at (703) 632-880 l.

The submitted specimens will be returned under separate cover,

Enclosed for the contributor are the following items:

P~e 15of16

090827010 PO

For Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 143 of 177 1 · I I· l I Two sets of pbotogtaphs taken to document explosive test conducted in relation to captioned investigation.

Two Compact Disk of photographs taken to document explosives test conducted in relation to captioned investigation.

Two Compact Disk of Videos taken to document explosive test conducted in relation to captioned investigation.

One Compact Disk of photographs utilized in the body of this report. i. l W. Mark Whitworth Explosives Unit (703) 632-7633

Page 16of16

090827010 PO

F.or Official Use Only Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 144 of 177 7-l (Rev. 7-10-06)

2501 Investigation Parkway Quantico, Virginia 22135

REPORT OF EXAMINATION

To: Washington Field Date: October 18, 2009 Squad CT-4 SA Thomas F. O'Connor CaseIDNo.: 70A-WF-237079

Lab No.: 090928009 PO KV RL

Reference: Communication dated September 28, 2009

Your No.:

Title: SHOOTING INCIDENT AT NISUR SQUARE, BAGHDAD, IRAQ; 09/16/2007 CGR-HO:MICIDE

Date specimens received: September 28, 2009

RESUBMITTED ITEMS FROM FBI LABORATORY NUMBER 071126014 PO NK NT LX UXNNHJPU

Q91 Tire with rim (1B60, E4252457)

Q91.1 Metal fragment from tread (1B60, E4252457)

Q91.2 Metal fragment from sidewall (IB60, E4252457)

Q92 Tire (1B61, E4252458)

Q92.l Metal fragment (1B61, E4252458)

This report contains the results of the Explosives Unit device examinations.

Page 1of13 Enclosures (2) For Official Use Only

USA0_028258 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 145 of 177

RESULTS OF EXAMINATION:

METAL FRAGMENTS

Specimen Q91.1 is an approximately 93 mg metal fragment removed by the Firearms!foolmark Unit from the tread area of the Q91 tire. An examination of this specimen revealed damage consistent with being in proximity to the detonation of a high explosive to include deformation of the metal. See the below photographs of specimen Q9 I . l taken by the Metallurgy Group of the Chemistry Unit:

Specimen Q9 l. l

Page 2of13

090928009 PO KV RL

For Official Use Only

USA0_028259 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 146 of 177

Specimen Q91.2 is an approximately 106 mg metal fragment removed by the Firearmsffoolmark Unit from the sidewall area of the Q91 tire. An examination of this specimen revealed damage consistent with being in proximity to the detonation of a high explosive to include deformation of the metal. See the below photographs of specimen Q9 l .2 taken by the Metallurgy Group of the Chemistry Unit:

Specimen Q91.2

Page 3of13

090928009 PO KV RL

For Official Use Only

USA0_028260 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 147 of 177

Specimen Q92. l is an approximately l 03 mg metal fragment removed by the Fireannsffoolmark Unit from the sidewall area of the Q92 tire. An examination of this specimen revealed damage consistent with being in proximity to the detonation of a high explosive to include deformation of the metal. See the below photographs of Specimen Q92. l taken by the Metallurgy Group of the Chemistry Unit:

Specimen Q92.2

Due to the uniformity of appearance, size, and damage to the above described specimens, they were compared to an exemplar of the fragmentation cup of an M433 HE DP

Page 4of13

090928009 PO KV RL

For Official Use Only

USA0_028261 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 148 of 177

(high explosive dual purpose) projectile. The comparison revealed manufactured characteristics that are consistent with the recovered specimens. See the below photograph of the inside of the M433 HE DP fragmentation cup taken by the Metallurgy Group of the Chemistry Unit:

M433 HE DP Fragmentation Cup

Based on the similarities noted between the submitted specimens and the exemplar fragmentation cup of an unexploded M433 HE DP projectile it was decided to conduct an explosive test and recover fragmentation from a detonated M433 HE DP projectile.

Page 5of13

090928009 PO KV RL

For Official Use Only

USA0_028262 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 149 of 177

Comparisons between the submitted specimens and exemplar fragments obtained by firing a M433 HE DP projectile reveal consistent appearance and damage characteristics between the specimens and the exemplar fragments. See the below photographs comparing the submitted specimens and recovered exemplar fragments:

Specimens Q91.l, Q91.2 and Q92.l

M433 HE DP Fragmentation Exemplars

Page 6of13

090928009 PO KV RL

For Official Use Only

USA0_028263 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 150 of 177

Specimens Q91.1, Q91.2 and Q92.l

M433 HE DP Fragmentation Exemplars

For further information regarding examinations on the submitted Q9 l. l, Q91.2 and Q92.1 specimens, see the Metallurgy report of Susan M. Kazajian, dated October 14, 2009.

Page 7of13

090928009 PO KV RL

For Official Use Only

USA0_028264 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 151 of 177

RIFLE GRENADE PROJECTILES

Contact with the U.S. Army Armament, Research, Development and Engineering Center (ARDEC), Picatinny, NJ, revealed that two 40mm rifle grenade projectiles are manufactured with an embossed fragmentation cup. The M433 HE DP projectile and the M430Al HE DP projectile.

The M433 High Explosive (HE) Dual Purpose (DP) projectile is one of the high explosive projectiles utilized with the M203 Grenade Launcher. The M433 projectile contains fragmentation and a shape charge and according to the Field Manual (FM) 3-22.31 can cause casualties within 165 meters, incapacitation within 15 meters, death within 5 meters and penetrate at least 2 inches of armor. The M203 has a maximum effective range of 350 meters, a combat range of 31 meters, and a minimum safe non combat range of 160 meters.

The damage created by the M433 is caused by the explosive effect of the main charge, a shape charge effect created by a shape charge liner, fragmentation of the projectile body and fuzing system, and a fragmentation cup in the base.

A review of the Department of Defense Technical Manual (TM) (D-2-2-23-7) on the M433 revealed that it is a percussion fired projectile with a point detonating, graze sensitive fuze. The projectile main charge is 45 grams of RDX or Composition AS (a RDX based explosive containing Stearic Acid). The projectile is armed by a combination of forces exerted while it is being launched and centrifugal spin imparted on the projectile by rifling in the launcher barrel. The projectile must travel between 14 meters and 27 meters to arm.

Studies conducted by ARDEC revealed that the M433 projectile produces the majority of its fragmentation from the fragmentation cup, referred to by ARDEC as the "Boat Tail." These studies indicate that approximately 400 fragments in the 63 mg to 125 mg range are produced when the projectile detonates.

M430Al HE DP Projectile:

The M430Al HE DP Projectile is one of the high explosive projectiles utilized with the Ml 9 Grenade Machine Gun. The M430Al projectile contains fragmentation and a sh~pe charge and according to FM 3-22.27 can penetrate 2 inches of steel ru'mor and has a maximum effective range of2, 212 meters.

Page 8of13

090928009 PO KV RL

For Official Use Only

USA0_028265 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 152 of 177

A review of TM D-2-2-23-10 on the M430Al revealed that it is a percussion fired, point-initiated, graze sensitive projectile. The projectile main charge is 34 grams of Composition A5. The projectile is armed in the same manner as the M433 and the projectile must travel between 18 meters and 36 meters to arm.

TIRE EXAMINATIONS

The Q91 and Q92 tire specimens were examined for fragmentation holes to correspond with the metal specimens recovered from each tire. The results of those examinations are detailed below:

Specimen Q91 is one (1) Goodyear Brand 245/70Rl9.5 tire which had been previously examined by the Firearms!foolmark Unit. These examinations have resulted in two sections of the tire being removed to obtain the metal fragments sub-pointed as Q91.1 and Q91.2. The examination of the Q91 tire revealed a previously marked damaged area at the edge where the tread meets the sidewall. Further examination to the interior of the tire revealed a small damage area on the interior of the tire opposite of the exterior damage location. See the below photographs of damage locations found on the exterior and interior of the Q91 tire:

Exterior of Q91 Tire Interior of the Q91 Tire

Page 9of13

090928009 PO KV RL

For Official Use Only

USA0_028266 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 153 of 177

A small diameter brass rod was then used to determine if a trajectory path exist between the exterior damaged portion and interior damaged portion of the tire. This examination revealed a trajectory path through the tire between the two damaged portions. See the below photographs showing trajectory path between the two damage locations, with the brass rod in place:

Exterior of Q91 Tire Interior of the Q91 Tire

The examination of Q9 l failed to reveal the entry point for the other metal fragment removed from this specimen.

Specimen Q92 is one (1) Goodyear Brand 245/70Rl9.5 tire which had been previously examined by the Firearmsffoolmark Unit. These examinations have resulted in one

Page 10of13

090928009 PO KV RL

For Official Use Only

USA0_028267 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 154 of 177

section of the tire being removed to obtain the metal fragment sub-pointed as Q92. l. The examination of the Q92 tire revealed a previously marked damaged area in the sidewall area of the tire. Further examination of the interior of the tire revealed a small damaged area on the interior of the tire opposite of the exterior damage location. See the below photographs of damage locations found on the exterior and interior of the Q92 tire:

Exterior of Q92 Tire Interior of theQ92 Tire

A small diameter brass rod was then used to determine if a trajectory path exists between the exterior damaged portion and interior damaged portion of the tire. This examination

Page 11of13

090928009 PO KV RL

For Official Use Only

USA0_028268 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 155 of 177

revealed a trajectory path through the tire between the two damaged portions that is directly opposite of the location where the section of tire was removed to recover the Q92.1 metal fragment. See the below photographs showing trajectory path between the two damage locations, with the bras_s rod in place:

Exterior of Q92 Tire Interior of theQ92 Tire

Based on the size, appearance and location of the damaged areas found in the Q91 and Q92 tires, and the trajectory paths located, these damaged areas are the most logical locations for two of the specimens, marked Q91.1 or Q91.2 and Q92. l, to have entered the tires.

CONCLUSIONS:

Specimens Q91.l, Q91.2, and Q92.l are consistent with fragmentation exemplars recovered from the detonation of a M433 HE DP projectile. A review of reference material only revealed two 40 mm projectiles with similarly manufactured fragmentation cups. These 40 mm projectiles include the M433 HE DP projectile and the M430Al HE DP projectile. The M433 HE DP projectile is used with the M203 Grenade Launcher. The M430Al HE DP projectile is used with the Ml9 Grenade Machine Gun.

Page 12of13

090928009 PO KV RL

For Official Use Only

USA0_028269 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 156 of 177

Remarks:

For questions concerning the content of this report, please contact SSA W. Mark Whitworth, at (703) 632-7633.

For questions concerning the status of other exams or request, please contact the Request Coordinator Shannon Ruminski, at (703) 632-8801.

The submitted specimens will be returned under separate cover.

Enclosed for the contributor are two Compact Disk of photographs used during the compilation of this report.

W. Mark Whitworth Explosives Unit (703) 632-7633

Page 13of13

090928009 PO KV RL

For Official Use Only

USA0_028270 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 157 of 177

1C Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 158 of 177

Curriculum Vitae ' FBI Supetvtsory Special Agent A. Scott Patterson Education > 1997 Mineral Area College, A.S., Law Enforcement > 1996 University of Missd>uri, B.A., Political Science Career

> 2002 - Present Federal Bµreau of Investigation, Special Agent > 1997 - 2002 Missouri $tate Highway Patrol, Trooper > 1996 - 1997 Boone County Sheriffs Department, Deputy Sheriff Training > 2012 Accuracy 1st Long Range Rifle School » 2009 FBI Firearms Instructor School » 2006 Enhanced Observey/Sniper School » 2005 .45 Auto Transitio~ School > 2005 Weapons of Mass r>estruction Tactical Operations School > 2005 SWAT Basic cours~ » 2005 Basic Observer/Snjiper School Current Assignment > 2011 - Present FBI Ballistjic Research Facility Supervisory Special Agent o 18 month apprenticeship beginning February 2011 o Training focused im the following areas • Pressure testing • Accuracy /'f'elocity testing • Terminal ballistics testing • Environmental testing (hot/cold/water /sand/corrosion) • Diagnostic$ of weapon/ammunition failures • Fabrication and validation of ordnance grade ballistic gelatin (10%) • Long range shooting • Ammunition development/reloading • Ballistic computer/chronograph use • High speed videographer • Digital maqro photography • Development of Targeting systems • Consultation for bullet selection with Local, State and Federal Law Enforcement partners

o Conducted over 4Q live fire terminal ballistic lectures and/or Jive fire demonstrations bqth across J)te United States and in Canada.

o Responsible for am FBI ammunition/weapons/body armor testing. Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 159 of 177

11 r Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 160 of 177 Brian F. Chase

PO Box 1688 Telephone: (603) 225-5662 Concord, New Hampshire Facsimile: (603) 226-4870 03302-1688 Email:[email protected] www.VehicleAutopsy.com

Summary of Over 25 years experience in a va'riety law enforcement assignments Qualifications of involving: • Extensive education, training, and experience in the broad spectrum of law enforcement functions, with a noted specialization/expertise in the motor vehicle/crash causation aspect of traffic accident investigation, accident reconstruction, component failure analysis, brake system analysis, air bag system analysis, vehicle dynamics, crash vehicle occupant placement, motor vehicle window tinting, commercial motor vehicle inspection/operation, and motor vehicle law. • A comprehensive background as an expert and instructor in both internal and external (consulting) capacities, providing training in a wide variety of motor vehicle law and related issues, accident investigation and reconstruction, vehicle autopsy procedures, evidence documentation and preservation, in addition to state and federal motor vehicle safety standards, automotive technologies related to crash causation analysis and investigations, commercial vehicle regulations, inspection processes and all associated regulations. Current courses offered qualify for applicable ACTAR CEU's. • Directing up to 22 employees, including 4 supervisors, with direct responsibilities for task assignment, scheduling, new-hire orientation, training, performance evaluations and disciplinary actions. • Special assignments include developing specific language for laws and administrative rules relating to professional areas of expertise, including performing in-depth analysis on potential fiscal impact. • Serving as a prosecutor with regard to all major cases involving traffic fatalities, serious injuries, improper operation, license suspension, inspection station and automotive dealer-based administrative litigation, etc., as well as high profile District Court cases. • Extensive experience in the operation and dynamics of all types of vehicles, including construction equipment, farm equipment, motorcycles, commercial vehicles, and overdimension vehicles.

Over 30 years experience in vehicle technology realms involving: • Extensive education and training in theory of operation, diagnosis, and analysis of vehicle components inclusive of computer control systems. • Serving as an instructor of technical aspects of vehicle system operation and analysis. • Expansive experience in the diagnosis, analysis, and repair of vehicle Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 161 of 177 Brian F. Chase

components, inclusive of failure analysis, welding (AC, DC, TIG, and MIG processes), collision damage repair, brake system configuration and performance, air bag systems, etc.

Employment 2001-present Comprehensive Motor Vehicle Services & Consulting History Founder, Chief Investigator, and Senior Instructor • Investigate, analyze, ~ nd reconstruct motor vehicle crashes, motor vehicle incidents, and criminal cases involving motor vehicles. (High profile cases include New York, Boston, Atlanta, Tennessee, and Washington D.C. assignments). • Implement government programs related to motor vehicle law realms, inclusive of Driver Licensing, Commercial Driver Licensing, Motorcycle Licensing, Vehicle Safety Inspections, etc. • Develop and provide specialized training courses for law enforcement, prosecutors, and engineers in areas of crash reconstruction, The Vehicle Autopsy©, commercial motor vehicle inspection, commercial vehicle operation, vehicle component testing and analysis, window tint enforcement, etc. (many of the courses qualify for ACTAR CEU's). Courses offered internationally. • Develop and provide specialized training courses for municipalities and the private sector in areas of commercial vehicle operation, commercial vehicle pre trip inspections, driver assessment, driver "censing, vehicle safety inspections, load securement, FMCSR compliance, etc. • Instructor and Course Development (partial list) • Vehicle Autopsy© Seminars • Comprehensive Vehicle Autopsy© Certification Programs • Occupant Kinematics • Braking System Forensic Analysis - Passenger Vehicle, Commercial Vehicle, Trailer • Motor Vehicle Black Box Analysis - Passenger and Commercial Vehicles • Window Tint Meter Instructor Certification Course • Passenger Vehicle Component Inspection and Analysis • Commercial Vehicle Weight/Dimension Enforcement • Commercial Vehicle Enforcement Course - The Driver • Commercial Vehicle Enforcement Course - The Vehicle • Commercial Vehicle Enforcement Course - Safety Audits and Compliance Review • Commercial Driver License (COL) Seminars and Training Courses • Commercial Vehicle Component Inspection and Analysis • Driver Licensing Programs • Vehicle Safety Inspection Programs

2 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 162 of 177 Brian F. Chase

1987-2001 State of New Hampshire Department of Safety New Hampshire State Police Sergeant (Retired .June 2001) • Commander - Special Traffic Enforcement Unit • Commander - NH DMV Motor Vehicle Inspector Unit (NH Highway Patrol) • Responsible for all administrative, supervisory, and training measures required in establishing a new law enforcement branch of the Division of Motor Vehicles. (1999-2000) • Division Training Officer • Instructor I Field Training Officer • Duties included evaluation and training of new employees, as well as training and motivation of substandard employees •Commander- Post Crash Vehicle Inspection Team • Originated Post Crash Vehicle Inspection Team, assigned responsibilities for fatal and serious injury crashed vehicle mechanical inspections, related component analysis, and causal connection. • Supervisor of all vehicle. inspections and mechanical evaluations related to vehicle crashes and criminal cases involving motor vehicles; specifically requested for high profile, complicated cases of vehicular homicide involving vehicle assessment, component analysis, driver identification, etc. • Responsible for supervision and all training associated with vehicle inspections of all types of vehicles, including school buses, commercial vehicles, trailers, wreckers, and taxis. •Supervisor- Technical Accident Reconstruction Unit • Duties included the investigation and reconstruction of high profile motor vehicle crash cases, training, etc. • Primary investigator assigned to vehicle issues, component disassembly and analysis, operational issues, and occupant/driver identification. • Prosecutor - NH Department of Motor Vehicles Fatal I Serious Injury Administrative Hearings and District Court Proceedings • Designed and developed a unique and comprehensive Vehicle Autopsy© Course (Post Accident Vehicle Inspection & Component Analysis) that is now requested by law enforcement agencies throughout the country. • Primary investigator assigned to high profile, complicated criminal cases involving the operation of a motor vehicle. • Instructor • New Hampshire Police Standards and Training Council-At-Scene Accident Investigation School, Technical Accident Investigation School, and Accident Reconstruction School. • Solely responsible for the certification and training of police officers relative to crash reconstruction topics, as well as related vehicle

3 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 163 of 177 Brian F. Chase

mechanical inspections with crash related causation analysis. • Topics of instruction included New Hampshire statutory and administrative rule provisions pertaining to vehicle equipment and safety standards; search warrants and legal issues; Federal Motor Carrier Safety Standards for commercial vehicles; Federal Motor Vehicle Safety Standards; vehicle inspection procedures; preservation and documentation of evidence; and the theory of operation and causal connection of steering components, suspension components, braking systems (non-power, power, air, and ABS), supplemental passenger restraint devices, etc. • Additional topics of instruction included tire evaluation and skid analysis; the dissection of operator excuses, and complete component analysis. • Instructor • New Hampshire Police Standards and Training Council, police officer recruit academy and advanced police officer schqol • Responsible for the training of new and seasoned police officers relative to New Hampshire Motor Vehicle Law and administrative provisions, commercial vehicle regulations, defensive tactics, etc. • Instructor • New Hampshire State Police Technical Accident Reconstruction Unit • Trained law enforcement units state-wide • Topics of instruction as previously outlined • Instructor • Annual New Hampshire Motor Vehicle Homicide Seminar, sponsored by the New Hampshire Department of Justice • Administrative License Suspension procedures and legal issues • Topics of instruction as previously outlined • Instructor • New Hampshire Division of Motor Vehicles Inspection School • Responsible for the training, testing, and certification of private industry mechanics and technicians relative to the New Hampshire Motor Vehicle Safety Inspection program • Instructor • New Hampshire State Police and New Hampshire municipal law enforcement agencies • Responsible for in-service training seminars relative to New Hampshire Motor Vehicle Law and administrative provisions, commercial vehicle regulations, defensive tactics, etc • Instructor • New Hampshire Department of Justice, Office of Attorney General

4 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 164 of 177 Brian F. Chase

• Responsible for training seminars for attorneys and paralegals relative to vehicle inspections, New Hampshire vehicle dealer provisions, vehicle title provisions, etc.

• Instructor • DWI law and procedures • Defensive Tactics • Monadnock PR-24 Police Baton • Monadnock Expandable Police Baton • OC Spray • Gaze Nystagmus Field Sobriety Testing • Commercial Vehicle Regulations • Prosecutor • Sole prosecutor for all fatal crash, serious injury crash, and improper operation administrative hearings at the New Hampshire Division of Motor Vehicles, 1998-2001 • Administrative cases relative to New Hampshire vehicle dealers and inspection stations • Primary prosecutor for complicated motor vehicle law cases at District Court level • Complicated Administrative License Suspension cases • Fatal Accident Analyst • Responsible for review and analysis of all fatal accidents in New Hampshire • Legal Assistant/Analyst • Reviewed legislation and authored language for new/amended New Hampshire Motor Vehicle Laws and Administrative Rules • Investigator • Primary investigator assigned to high profile and complicated case relative to New Hampshire vehicle dealers, New Hampshire inspection stations, and vehicle safety issues

1981-1987 City of Concord, New Hampshire Police Department Police Officer • Assigned as Commercial Vehicle Enforcement Officer in addition to patrol and investigative capacities • Assigned as investi9ator/reconstructionist for fatal and serious injury accidents.

5 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 165 of 177 Brian f . Chase

• Certified NH State Police Officer, NH State Police Academy Professional • Accident Investigation and Accident Reconstruction (numerous), Northwestern Education and University, Evanston, IL Training • Accident Investigation and Accident Reconstruction (numerous), University of (partial list) North Florida • Bachelor of Science, Automotive Technology, • Automotive Technology, NH Vocational Technical Training Center • Automotive Technology, Concord Vocational School District • Automotive Technology, General Motors, Detroit Michigan • Automotive Technology, General Motors Service Technical College • Criminal Justice, NH Technical Institute • Criminal Justice, Hesser College • Criminal Justice, Maine School of Criminal Justice • Criminal Justice, National Institute of Law Enforcement • Criminal Justice, Northwestern University • Criminal Justice, University of North Florida • Constitutional and Procedural Law, Pierce Law Center • Vehicle Inspection Schools, US Department of Transportation, Transportation Safety Institute • Hazardous Materials Schools, US Department of Transportation, Transportation Safety Institute • Criminalistics, NH Police Standards and Training Council • Accident Investigation and Reconstruction, NH Police Standards and Training Council • Police Supervision, Numerous Law Enforcement-related courses, NH Police Standards and Training Council (over 20 years of courses) • In-service Training, Concord Police Department and New Hampshire State Police, inclusive of accident investigation and reconstruction (over 20 years of courses) • Full-time Police Officer Certification, 5ih New Hampshire Police Academy • Alcohol Breath Testing School, NH Division of Public Health • Vehicle Technology inclusive of Biomechanics, Vehicle Dynamics, etc., Society of Automotive Engineers • Fleet Pro Air Brake Systems Training School • Railroad Crossing Crash Investigation School • Vericom Certification· Course • Recent Training Courses include: • Commercial Vehicle Air Brake System Technology, Haldex/Midland (02/2013) • Wheel Bearing and Seal Technology, SKF/CR (02/2013)

6 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 166 of 177 Brian F. Chase

• Braking System Technology (03/2011) • Diagnostic Strategy for Serial Data Communications (03/2011) • Commercial Vehicle Braking Systems, Society of Automotive Engineers (02/2010) • Advanced Tech II Computer Applications (04/2009) • Diesel Engine Operation, Service, Diagnostics (Advanced) (04/2009) • Diesel Engine Operation, Service, Diagnostics (04/2009) • Supplemental Restraint Systems (04/2009) • Vehicle Electrical Systems (04/2009) • Vehicle Braking Systems (04/2009) • Vehicle Steering/Suspension Systems (04/2009) • Braking System Analysis (05/2008) • Electrical/Electronic Vehicle Systems, Advanced (05/2008) • Powertrain (CAN, LA.N) Computer Systems (11/2007) • High Voltage Vehicle Systems (10/2007) • Steering Systems and Diagnostics (9/2007) • Braking Systems (8/2007) • Electronic Systems, CAN, Serial Data Communications (6/2007) • Electrical/Electronic Component Analysis (04/2007) • Supplemental Restraint Systems, Advanced (02/2007) • Vehicle Electrical/Electronics - Stage 2 (12/2006) • Foundation Brakes/ ABS Systems (11/2006) • General Motors Braking Systems (11/2006) • Supplemental Restraint Systems (07/2006) • HVAC Systems and Operation (05/2006) • Delphi Micro 64 System Service (01/2006) • Body Control and Communications Systems - Stage 2 (01 /2006) • Body Control and Communications Systems - Stage 1 (01 /2006) • GM Powertrain Performance ( 11 /2005) • Automatic Transmissions and Transaxles (11/2005) • Manual Drivetrain and Axles (11/2005) • Tech II Computer Use and Application (10/2005) • Vehicle Electrical/Electronics - Stage 1 (10/2005) • Vehicle Electrical/Electronics - Stage 2 (10/2005) • Vehicle Electrical/Electronics - Stage 3 (10/2005) • OBD II ( 1 0/2005) • Batteries, Charging Systems, and Starting Systems (10/2005) • Vericom Re-Certification Course (05/2005)

7 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 167 of 177 Brian F. Chase

• Over 30 years of continuing education, experience and training in all phases of Additional vehicle technology and mechanics through Technical Institute, SAE, General Skills and Motors, and other vehicle manufacturer training, including but not limited to Experience braking systems, ABS, SIR/SRS, steering systems, computer analysis, suspension systems, tire evaluation, auto body repair, and welding • Over 25 years of specialized classes, combined with in-service training, in all phases of crash investigation and reconstruction • Over 30 years of experience in the operation of all types of vehicles, including but not limited to passenger vehicles, motorcycles, construction equipment, farm equipment, and comr:nercial vehicles including tractor-trailer units, and overdimension vehicles • Over 25 years of experience in all aspects of commercial vehicles, including the application and enforcement of state and federal regulations, inspections, weight/dimension issues, load securement, etc. • Over 30 years experience in the diagnosis and repair of passenger vehicles, commercial vehicles, motorcycles, trailers, farm equipment, and heavy equipment • Current Director of Training for Laser Labs, Inc., the leading manufacturer of window tint meters worldwide • Requested for consultation, investigation, training, and analysis from law enforcement agencies nationwide relative to vehicle issues, crash reconstruction, investigative procedures, and component analysis

• Vehicle Mechanical Inspection and Failure Analysis Expert • Vehicle Component Analysis Witness • Operation of Construction Equipment Certifications • Operation of Commercial Vehicles • Operation of Motorcycles • Crash Reconstruction • Brake Inspection and Analysis • Lamp Inspection and Analysis • Component Failure Analysis • Vehicle Computer Systems • Tire Analysis • Cruise Control Systems • Vehicle SIR/SRS (Air Bag Systems) and Deployment

8 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 168 of 177 Brian F. Chase

• Motor Vehicle Registrations • Motor Vehicle Window Tinting • Occupant Kinematics • Vehicle Damage

• ASE Certified Master Automotive Technician (National Institute of Automotive Service Additional Excellence) Certifications • ASE Certified Undercar Specialist • ASE Certified Master Heavy Truck Technician • ASE Certified, Vehicle Crash Damage Analysis • ASE Certified Truck Equipment Technician • General Motors Certified Technician • National Certified Vehicle HVAC Technician • Certified Motor Vehicle Inspector, New Hampshire Division of Motor Vehicles • Certified Crash Vehicle Inspector, New Hampshire Division of Motor Vehicles • Certified Commercial Vehicle Air Brake System Inspector • Certified Traffic Radar Operator • Certified Breath Test Machine (lntoxilyzer) Operator • Certified Police Baton, OC Spray, and Defensive Tactics Instructor • Licensed CDL Class A and Motorcycle Operator

• Member (#22131 ), National Association of Professional Accident Reconstruction Professional Specialists, Inc. (NAPARS) Affiliations • Member (#2318460), National Institute for Automotive Service Excellence (ASE) • Member (#6104146990), American Society of Automotive Engineers (SAE) • Member, Commercial Vehicle Safety Alliance, Washington, DC • Member, ARC Network • Member, New Hampshire Troopers Association • Member, New Hampshire Police Association • Member, New Hampshire Retired Law Enforcement Officers Association • Member, National Retired Troopers Association • Keynote speaker, New York Statewide Traffic Accident Reconstruction Society (NYSTARS) Annual Meeting, September 2003 • Guest speaker, New Hampshire Vehicle Dealer Associations • Guest speaker, New Hampshire Towing Association • Guest speaker, New Hampshire Farm Bureau Association

9 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 169 of 177 ·. Brian F. Chase

• New Hampshire State Police Honors • Official recognition for investigation of motor vehicle incident resulting in conviction for Second Degree Murder. (State v. Gerald Stewart)

Excellent professional and personal references are available and will be furnished References upon request

10 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 170 of 177

12 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 171 of 177

Eric R. Benn

Eric Benn is a senior imagery analyst with the National Geospatial-Intelligence Agency. He serves as the principal advisor to the leadership of the Intelligence Community and Department of Defense on the current and future functional operational analytic environment.

The near-term component of his responsibilities involves conceptualizing and describing the functional and operational requirements for the organizations that develop, install, and maintain imagery and imagery analysis systems and technologies. The longer-term process involves supporting the Intelligence Community's efforts to modernize business processes and anticipate how evolving customer needs and technological developments will change imagery intelligence and its contributions to our national security.

Mr. Benn's prior positions were Scientific Advisor for Imagery Analysis and Research Director for the Imagery Analysis office. In 1999 he became the first in the imagery to achieve the Defense Intelligence Senior (Executive) Level. In the later, he coordinated the long-term analytic focus of the imagery analytic divisions with the National Intelligence Council, the National Intelligence Producers Board, the national imagery collection requirements process, CIA, DIA, and other customers organizations.

Mr. Benn has been involved in imagery analysis since joining the U.S. Army in 1976. Following three years working tactical and theater Army imagery intelligence in Europe, he attended the University of Illinois and acquired in Remote Sensing from the Geography Department. Upon graduation in 1983 he joined the Department of Defense as an imagery analyst.

Mr. Benn specialized on counterinsurgency, irregular warfare, and regional stability issures in the Afghan/Pakistan region through the later half of the 1980s when he became the Intelligence Community's recognized expert. In the early 1990s he was promoted to senior analyst and given broader responsibilities. He has sustained an interest in counterinsurgency, counterterrorism, and regional issues and routinely contributes to current analytic activities.

Mr. Benn attended the National War College at Ft. McNair in from 1993 to 1994 and received a Masters Degree in National Security Studies.

Mr. Benn has been recognized as an expert witness in the field of imagery analysis by the International Court of Justice at the Hague, Netherlands. Additionally, Mr. Benn served as an expert witness for the prosecution in United States District Court for the Eastern District of California in United States v. Hamid Hayat and in United States District Court for the Eastern District of Virginia in United States v. Brian Patrick Regan.

USAO_Q26610 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 172 of 177

13 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 173 of 177

Robert L Martin

He previously worke or the Special perations Forces Support Activity (SOF-SA) as a Weapons Field Engineer, and prior to that was a United States Air Force Gunsmith and Combat Arms Instructor.

He is a subject matter expert on The SR-25 Rifle system and has designed, supervised, and taught Weapons Familiarization classes varying in different levels of instruction to Government armorers.

Both the United States Army Special Forces and Law Enforcement agencies have requested him by name to not only inspect, repair, gauge, and modify their weapons, but to also teach their operators and armorers the SR-25 Rifle.

While at SOF-SA he designed kits under congressional authority that combined the SR- 25 Rifle and system accessories in various configurations that were ready to shoot. He also insured the rifle sets were kitted, packed, and shipped to the National and Theater Operations.

He has graduated from several Military and Civilian SR-25 Armorers Schools, including Knights Armament Company-and-USSQGQM!s.Joint Armorers and Sniper Systems Courses.

He is well educated and informed on all aspects of this weapon. Based on his level of expertise and extensive experience, he is best suited to perform repairs, oversee maintenance, training, and education regarding the SR-25 Rifle system. Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 174 of 177

Robert L Martin

Professional Objectives Seeking a position in the area of Firearms Instructor/Advisor that will allow me to: • Utilize my creative capacities in development, supervision, and instruction of innovative and challenging weapons courses. • Pursue long-term professional development and growth.

Professional Skills & Qualifications Professional Attributes: • Strong critical thinking capabilities • Diverse experience in weapons course development, supervision, and instruction • Advanced technical knowledge of Military/Law Enforcement weaponry inventory

Armorer School Graduation: Barrett. H&K. GLOCK. GLOCK Advanced Armorer. Knights Arms. SIG Sauer. FNH SCAR. USSOCOM Joint Armorers Course. USSOCOM Sniper Weapons Armorer Course. Remington 870, AR-15, M700. Benelli M1-M2. Bushmaster AR-15. Smith & Wesson M&P. Mossberg 500 & 900 series Shotguns. Academi AR-15/M16. Springfield XD/XDM Pistols. Springfield 1911 Pistol. Springfield M1A Rifle. Colt M16/ M4. Colt 1911 Pistol.

Certification: F.B.I. Instructor Developmental Course. USAF Combat Arms Instructor (CATM) Specialist & Apprentice Courses. SIG Academy Master Pistol and Rifle Instructor. FX Simmunition Instructor. GLOCK Instructor. SCAR Operator Course ..SOcal Machine Gun Course. 81mm Mortar. Fire Direction Course. NRA Instructor Courses (Pistol, Rifle, Personal Protection, Firearm Safety). NRA Range Safety Officer. IDPA Safety Officer. NY State Division of Criminal Justice Security Instructor. PerSysMed Tactical First Aid Course. Non Violent Crisis Intervention Course. QC/Pepper Spray. AHA First Responder/CPR/AED. PATH Handcuffing Course.

Weapons Expertise: M16 variants, M4, M9, M2, MK19, M203, M60, M249, M240, M82, M?OO, MK11, MK12, MK13, MK23, MK18, MPS variants, MK46, MK48, M11, SCAR, 56-1, GLOCK Pistols, M&P Pistols, M870, Mossberg and M1/M2 Shotguns, XD/XDM, M&P, 1911.

Security Clearance: Current Top Secret/SC/ Clearance

Passport Active Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 175 of 177

Professional Experience 2011 to Present Federal Bureau of Investigation, Quantico, VA Training Instructor (Gunsmith) Achievements and Responsibilities • Assigned to Defensive Systems Unit (DSU), Field Repair Division. • Perform Acting Gun Vault Supervisor duties to include assigning tasks and managing programs. • Provide Firearms Instruction to Firearms Instructor School, Overseas Survival and Preparedness School and Executive Protection School. • Designed, wrote and implemented curriculum for Foreign Weapons Operator Course for Practical Applications Unit. • Provide technical expertise analysis and reports as member of FBI Ammunition Evaluation Board, Rifle Program Preventative Maintenance and new Gunsmith Applicant programs. • Rewrote and restructured testing process for new hire Gunsmiths. • Perform technical inspections, rebuilds, and repairs to all FBI Field Office, Personally Owned and In-service pistols. • Support Ballistic Research Facility with Test Firing, Research and Development. • Performed CADRE and student evaluation duties for Protective Security Detail School. • Represent FBI at CTTSO Ammunition Initiatives Meetings. • Create Tool Marking identifications on Undercover Weapons. • Modify standard M4 Rifles to FBI SWAT specifications. • Operate Indoor and Outdoor Firing Ranges.

2004 to 2011 Special Operations Forces Support Activity, Lexington, KY Weapons Field Engineer II Achievements and Responsibilities • DoD Contractor assigned to USSOCOM/SOF-SA • Teach, supervise, design Weapons Familiarization classes, varying in different levels of instruction from Basic Fundamentals to Tactical and Qualification Courses • Perform technical inspections, modifications, rebuilds, and repairs to both standard and nonstandard weapons systems • Travel CONUS and OCONUS in support of mission. • Support Special Forces Groups with weapons inspection and repairs • Support USASOC and CIF units with inspections, Armorer's courses and SFARTAETC Firearms training • Support Congressional Programs • Perform Weapons Test Firing and related Research & Development • Advise the FBI SRT (Louisville, KY Division) with Firearms Training and Equipment • Build and modify "Preparedness Kits" weapons systems to include design of packaging for weapons and accessories • Supervise and Operate a variety of Range Facilities • Technical support and inspection consultation for NASA/KSC Security Police Department

2 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 176 of 177

2002 to 2004 Picotte Companies, Albany, NY Building Superintendent Achievements and Responsibilities • Controlled properties of NYSDEC, NYSOASAS, and SUNY • Directed daily building operations for facilities accommodating up to 400,000 square feet • Introduced and incorporated safety checks, emergency generator tests, and monthly load tests • Performed chemical and biocide tests on water systems • Developed proficiency in Johnson Control, Mitosis, Barber Coleman, Honeywell, Sonitrol Fire and Alarm Systems

2000to2002 Baptist Health System, San Antonio, TX Maintenance Mechanic II Achievements and Responsibilities • Provided maintenance to 350 bed hospital, including electrical, plumbing, hydraulic, and pneumatic repairs • Maintained power plant with attention to readings and chemical tests • Operated steam boilers, chillers, generators, and associated machinery • Tested and monitored RO. water for dialysis • Performed inspections with JCAHO, HICFA, and OSHA Security Officer Achievements and Responsibilities • Provided armed security to hospital property, personnel, patients, and visitors • Assisted AirLife helicopters, crash teams, fire alarm response teams, and maintenance • Provided escorts to all newborns and acted as primary responder to infant abduction incidents

1998- 2000 ·Accuracy Sports F.T.I., San Antonio, TX Firearms TechnlcianfTraining Instructor Achievements and Responsibilities • Provided firearms instruction and training exercises to local, state, and federal police agencies, security, IDPA, concealed handgun licensees, and general public • Designed and supervised IDPA competitions • Performed maintenance and repairs to firearms • Operated 16-lane 100-yard indoor range • Represented institute at Outdoor Showcase '99 • Taught Basic Shooting Fundamentals to Boy Scouts of America and high school students

Military Experience 1993 to 1997 United States Air Force, Lackland AFB, TX Gunsmith Journeyman/Combat Arms Instructor Achievements and Responsibilities • Manufactured, modified, rebuilt, and repaired all DoD, Federal, and U.S. Olympic Team weapons • Instructed Combat Arms Marksmanship Fundamentals courses • Operated firing ranges, including Olympic range and underground weapons test tunnel • Performed weapons inspections to various units in the field • Performed quality control and inspection of finished work orders • Assisted D.0.E. Antiterrorism Unit with surveillance training • Assigned as Primary Resource Protection Monitor. • Supported Operation Desert Storm/Desert Shield

3 Case 1:14-cr-00107-RCL Document 847-3 Filed 06/25/18 Page 177 of 177

Education and Professional Recognition • Associates Degree in Engineering, Stephenson College • Certification in Basic CAD/CAM/NC/CNC, London Institute City and Guilds

Awards: • Duke of Edinburgh Silver Award • Department of the Air Force Achievement Medal-Voluntary Risk of Life • Department of the Air Force Achievement Medal-Meritorious Service

4 Case 1:14-cr-00107-RCL Document 847-4 Filed 06/25/18 Page 1 of 3

Exhibit D

Case 1:14-cr-00107-RCL Document 847-4 Filed 06/25/18 Page 2 of 3

Comparison of Summaries of Expert Disclosures of Brandon Giroux and Liam Hendrikse

Brandon Giroux (government) Liam Hendrikse (defense)

Government’s Expert Disclosure Initial Defense Expert Disclosure

We expect him to testify to the following: Mr. Hendrikse holds each of the following opinions and is prepared to offer them if called to testify. Except where Bullet Fragments and Bullet Jacket Fragments otherwise noted, Mr. Hendrikse’s opinions are based on his education, training and experience described above and in his . . . . CV.

• Q2, Q8, Q90, Q124, and Q126 are consistent with steel 1. The bullet core fragment (identified by the government as penetrator tips found in Q231 through Q250 (i.e., Q90.1) in the White Kia steering wheel is consistent with a 5.56mm cartridges). steel penetrator tip that is found in the M-855 cartridge and consistent with a 5.56mm caliber bullet. Mr. Hendrikse may . . . . testify that the steel penetrator found in the steering wheel of the White Kia is consistent with a 5.56mm caliber bullet. Mr. • Q7, Q13 through Q15, Q29, Q32, Q40, Q41, Q112, Hendrikse may also testify that two possible firearms which fire Q120, Q121, Q127 through Q131, Q134 through Q137, a 5.56mm caliber bullet are the M-4 and/or the M-249. Mr. Q148 through Q155 are consistent with bullet Hendrikse may also testify that an SR-25 sniper rifle does not fragments or bullet jacket fragments. fire a 5.56mm caliber bullet.

• . . . .[T]here were insufficient marks of value for 2. The bullet jacket fragment (identified by the government as comparison purposes to determine if any of the bullet Q.121) found in the White Kia exhibit[s] no marks of value for fragments or bullet jacket fragments were fired from any comparison purposes. Mr. Hendrikse may opine that the bullet of the known barrels and known pistols. jacket fragment found in the White Kia is from a conventional projectile but because of the size and condition of the fragment, it exhibits no marks of value for comparison purposes.

Case 1:14-cr-00107-RCL Document 847-4 Filed 06/25/18 Page 3 of 3

Mr. Giroux’s FBI Lab Reports

• Specimen Q2, Q8, Q124, Q126 and the core fragment present in the Q90 steering wheel are physically consistent with the steel penetrator tip that is present in the Q231 bullet. 9/2/09 lab report.

• Specimens . . . Q120 through Q123 . . . are bullet jacket fragments. The . . . Q120 through Q122 . . . bullet jackets fragments have no marks of value for comparison purposes. 4/23/08 lab report.

Case 1:14-cr-00107-RCL Document 847-5 Filed 06/25/18 Page 1 of 2

Exhibit E

:" \' Case 1:14-cr-00107-RCLFirearms Document Evidence: 847-5 Filed 06/25/18 Page 2 of 2 · White Kia

Govt. Ex I Q# IDescri ption !Additional Info. 92 121 bullet jacket fragment• No

84 90 steering wheel with bullet bullet core fragment in steering wheel, impacts consistent with steel penetrator tip in 5.56 mm bullet (M855 exemplar) Case 1:14-cr-00107-RCL Document 847-6 Filed 06/25/18 Page 1 of 3

Exhibit F

Case 1:14-cr-00107-RCL Document 847-6 Filed 06/25/18 Page 2 of 3

U.S. Department of Justice

Jessie K. Liu United States Attorney

District of Columbia

Judiciary Center 555 Fourth St., N.W. Washington, D.C. 20530

May 28, 2018

Via Email

Tobin Romero Thomas Connolly Simon Latcovich WILTSHIRE & GRANNIS, LLP Krystal Commons 1919 M Street, NW WILLIAMS & CONNOLLY LLP 8th Floor 725 Twelfth Street, NW Washington, DC 20036 Washington, DC 20005-5901 Counsel for Defendant Nicholas Slatten Counsel for Defendant Nicholas Slatten

Re: United States v. Nicholas Slatten (No. 14-CR-00107 (RCL))

Dear Counsel:

Following up on our phone call earlier today, we write regarding your expert disclosures in the hope that we can avoid litigation about this issue. We appreciate the production of two recordings from Mr. Green on May 23, 2018, but your expert disclosures remain deficient as to the “bases and reasons” for the opinions listed.

 Dr. Elizabeth Loftus: In the written response to our prior request that you identify which case studies or research she was relying on to provide the three opinions outlined in your disclosure, you responded that her CV “identifies publications that reference case studies and research that she has relied on as the basis for her opinions.” This response is not helpful or in compliance with Rule 16 because: o Dr. Loftus’ CV is a single-spaced 45 page document with hundreds of entries o From Dr. Loftus’ CV it is not possible for the government to understand or properly prepare for her testimony; therefore o Please identify the specific case studies and research that Dr. Loftus believes support each of her opinions and the reason those materials support her opinions

Case 1:14-cr-00107-RCL Document 847-6 Filed 06/25/18 Page 3 of 3

 Mr. Liam Hendrikse: In your written response to our request for additional information, you repeated Mr. Hendrikse’s area of expertise and stated that he examined Q90.1 and Q121. This response does not satisfy Rule 16 and does not allow the government to prepare for his testimony. In short, please: o Provide a copy of all of the photographs that Mr. Hendrikse took during his examination of the evidence, and identify which photographs Mr. Hendrikse believes support the two opinions included in your disclosure o Explain why Mr. Hendrikse opined Q90.1 is consistent with a “steel penetrator tip that is found in the M-855 cartridge and consistent with a 5.56mm caliber bullet” o Explain why Mr. Hendrikse opined that Q121 is a “bullet jacket fragment” and the basis for his opinion that it had “no marks of value for comparison purposes”

 Mr. Michael Green: In your written response to our request for additional information, you provided two recordings. Thank you. In addition, please provide: o Copies of all “contemporaneous recordings” made during the test o All documents that detail and evidence the test that was conducted and how the test was conducted; including any photographs taken during the test o Explanation of exactly what are the alleged differences or similarities in the sounds that Mr. Green asserts that he can hear in all the recordings made o Explanation of why Mr. Green’s hearing is a scientific standard by which determinations can be made as to what a person can hear or not hear

It bears noting that in this case you have argued to the Court that the government’s alleged failure to produce copies of reference materials by a government expert in 2014 means that the government violated Rule 16, and that the expert’s testimony should be excluded. See ECF No. 751. While we disagree with your position, in comparison to all of the documents and photographs that the government produced for that expert, the defense has so far failed to produce any documents to substantiate or explain the bases and reasons for the expert opinions proffered on May 21, 2018. We are simply asking that you comply with Rule 16, and provide complete disclosures as to the bases and reasons for your experts’ opinions.

We would appreciate a written response to our request for supplemental disclosures as to your three expert witnesses by Wednesday, May 30, 2018.

Sincerely,

JESSIE K. LIU United States Attorney

By: /s/ T. PATRICK MARTIN FERNANDO CAMPOAMOR-SANCHEZ Assistant United States Attorneys National Security Section

Case 1:14-cr-00107-RCL Document 847-7 Filed 06/25/18 Page 1 of 53

Exhibit G

Case 1:14-cr-00107-RCL Document 847-7 Filed 06/25/18 Page 2 of 53

SIMON LATCOVICH (202) 434-5967 [email protected]

May 30, 2018

Via Email

Patrick Martin, Esq. Fernando Campoamor-Sanchez, Esq. United States Attorney’s Office for the District of Columbia 555 Fourth St. NW Washington, DC 20530

Re: United States v. Slatten, Crim. No. 4-107

Dear Counsel:

Pursuant to Fed. R. Crim. P. 16(b)(1)(C)(i), Mr. Slatten supplements the May 21 expert disclosure notice that, should there be a defense case, he may call the below-listed expert witnesses. Mr. Slatten reserves all rights, including the right to update, amend, and/or supplement the summaries of testimony set forth below based on further developments. Mr. Slatten also reserves the right to identify additional expert witnesses. Under the Rules, the disclosure obligation applies only to expert testimony that he presently “intends to use . . . as evidence at trial.” Id. In addition, Mr. Slatten has enclosed DX-5003.

1. Michael Green

A. Qualifications

Mr. Green began his career in 1991 in the U.S. Army, where he completed Airborne School, Ranger School, and the Special Forces Qualification Course. During his 15 years in Special Forces, Mr. Green served three years as an Assaulter in Counter-Terrorism and Quick Reaction Force. He provided Advanced Marksmanship and Close Quarters Case 1:14-cr-00107-RCL Document 847-7 Filed 06/25/18 Page 3 of 53

May 30, 2018 Page 2

Combat Training to U.S. and foreign forces, and has also served as a primary instructor for the Special Forces Advanced Urban Combat Course. Mr. Green has been teaching tactical firearms training since 1992.

A copy of Mr. Green’s biography is attached.

1. Mr. Green observed the firing of both an SR-25 and an M-4, during which contemporaneous recordings were made. The SR-25 was fired from (1) inside a Bearcat out of one of the firing portals and (2) outside from the turret of a Bearcat. The M-4 was fired outside from the turret of a Bearcat. Each sound recording was made from atop a separate vehicle (Chevrolet Suburban) approximately 10 meters away. The engines of both vehicles were running. The gunshots were recorded with microphones located in the ears of a dummy head. Peltors were placed on the dummy head so that each recording reflected what would be heard by a listener with active hearing protection engaged. Mr. Green separately listened to the same gunshots at the time of each recording. He was located next to the microphones and wearing Peltors.

2. An SR-25 fired from inside an armored Bearcat through one of its portals sounds like an SR-25 fired from outside an armored Bearcat when the listener is wearing hearing protection atop a separate vehicle. Mr. Green may opine that an SR-25 fired from inside a Bearcat through one of the Case 1:14-cr-00107-RCL Document 847-7 Filed 06/25/18 Page 4 of 53

May 30, 2018 Page 3

vehicle’s firing portals sounds like an SR-25 fired from outside a Bearcat. An individual located on a separate vehicle from the Bearcat and wearing hearing protection would not be able to distinguish between the sounds accurately. Mr. Green bases his opinion on his education, training and experience, on listening to those weapons being shot as well as contemporaneous recordings of those weapons being fired. Mr. Green may also opine that the difficulty of accurately distinguishing the sounds would be significantly increased by a variety of factors, including, the direction the individual is facing, the distance the individual is from where the shots were fired, the ambient noise, and the level of hearing protection that the individual was wearing.

2. Liam Hendrikse

A. Qualifications

May 30, 2018 Page 4

Ontario Institute of Technology and the National Ballistics Intelligence Service in Birmingham and London, UK. Since 2010, Mr. Hendrikse has served as a registered expert in firearms and ballistics for the International Criminal Court. Mr. Hendrikse also serves on a panel of expert witnesses in firearms for the County of Los Angeles Superior Court.

A copy of Mr. Hendrikse’s CV is attached.

B. Summary of Opinions and Bases Therefore: Mr. Hendrikse holds each of the following opinions and is prepared to offer them if called to testify. Mr. Hendrikse is an expert in firearms and toolmark identification and comparison. He examined and analyzed some of the items of evidence in this case, including bullet core fragment and bullet jacket fragment, identified by the government as Q90.1 and Q121 respectively. Mr. Hendrikse also reviewed and relied on the prior trial testimony of government expert, Brandon Giroux. Except where otherwise noted, Mr. Hendrikse’s opinions are based on his education, training and experience described above and in his CV.

1. The bullet core fragment (identified by the government as Q90.1) in the White Kia steering wheel is consistent with a steel penetrator tip that is found in the M-855 cartridge and consistent with a 5.56mm caliber bullet. Mr. Hendrikse may testify that the steel penetrator found in the steering wheel of the White Kia is consistent with a 5.56mm caliber bullet. Mr. Hendrikse may also testify that two possible firearms which fire a 5.56mm caliber bullet are the M-4 and/or the M-249. Mr. Hendrikse may also testify that an SR-25 sniper rifle does not fire a 5.56mm caliber bullet. Mr. Hendrikse’s analysis considered the dimensions and material of the bullet core fragment. Based on class characteristics, the bullet core fragment could be excluded as having been fired from an SR-25 barrel. Based on Mr. Hendrikse’s past analysis of and familiarity with the 5.56mm caliber bullet and M-855 cartridge [SS109 cartridge], Mr. Hendrikse concluded that the bullet core fragment is consistent with a steel penetrator tip that is found in the M-855 cartridge and consistent with a 5.56mm caliber bullet.

2. The bullet jacket fragment (identified by the government as Q.121) found in the White Kia exhibit no marks of value for comparison purposes. Mr. Hendrikse may opine that the bullet jacket fragment found in the White Case 1:14-cr-00107-RCL Document 847-7 Filed 06/25/18 Page 6 of 53

May 30, 2018 Page 5

Kia is from a conventional projectile but because of the size and condition of the fragment, it exhibits insufficient marks of value for comparison purposes (class characteristics). Mr. Hendrikse reviewed the bullet jacket fragment (Q121) and was unable to identify any representative lands and grooves. Based on the lack of these identifying characteristics, Mr. Hendrikse could not identify anything resembling a rifling profile which would ordinarily be the basis for subsequent comparison (class characteristics). Furthermore, even though it is Mr. Hendrikse’s opinion that it is a copper bullet jacket fragment, it was not possible to determine what the actual caliber is because of the minute size of the fragment and the lack of the rifling profile.

3. Dr. Elizabeth Loftus

A. Qualifications

May 30, 2018 Page 6

A copy of Dr. Loftus’ CV is attached.

B. Summary of Opinions and Bases Therefore: Dr. Loftus holds each of the following opinions and is prepared to offer them if called to testify. Except where otherwise noted, Dr. Loftus’ opinions are based on her decades of research on human memory, her education, training and experience described above and in her CV. The attached CV has been highlighted to identify a list of specific publications that reference case studies and research that Dr. Loftus has relied on as the bases for her opinions. Dr. Loftus also reserves the right to rely on her other listed publications and research as the bases for her opinions.

1. An individual’s ability to perceive and retain information is negatively impacted by highly stressful situations. Dr. Loftus may opine that highly stressful, intense situations are likely to impair, rather than enhance, an individual’s ability to perceive and remember events accurately. Dr. Loftus may opine that there are three stages of eyewitness account – (1) the acquisition stage in an individual witnesses an event they attempt to remember at a later date; (2) the retention stage in which the event is over and time has passed; and (3) the retrieval stage when an individual tries to recall what happened during an event or retrieve information from their memory and discuss the factors that impact one’s memory during each stage. Dr. Loftus may opine that, during the acquisition stage, there is a relationship between stress and one’s ability to accurately perceive and later recall events. Dr. Loftus may describe case studies that show that very high levels of stress can impair an individual’s ability to accurately remember.

May 30, 2018 Page 7

Attachments

CC: Thomas Connolly, Esq. Case 1:14-cr-00107-RCL Document 847-7 Filed 06/25/18 Page 9 of 53

ELIZABETH F. LOFTUS

Distinguished Professor University of California, Irvine

EDUCATION B.A., with highest honors in Mathematics and Psychology, UCLA, 1966 M.A., Psychology, Stanford University, 1967 Ph.D., Psychology, Stanford University, 1970

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Michael, R.B., Braniff, G., Garry, M. & Loftus, E.F. (2014) Thinking about regret: Number of memories and ease of retrieval influence judgments about regret. Psychology of Consciousness: Theory, Research & Practice,1, 329-338.. Patihis, L., Lilienfeld, S.O., Ho, L.Y. & Loftus, E.F. (2014) Unconscious repressed memory is scientifically questionable. Psychological Science, 25, 1967-68 (Commentary) Wylie, L. E., Patihis, L., McCuller, L. L., Davis, D., Brank, E. M., Loftus, E. F., & Bornstein, B. H. (2014). Misinformation effects in older versus younger adults: A meta-analysis and review. In M. P. Toglia, D. F. Ross, J. Pozzulo, & E. Pica (Eds) The Elderly Eyewitness in Court, UK: Taylor & Francis., p 38 -66. Loftus, E.F. (2014, Feb. 14) Unknown: What happened in the attic; Known: memory is malleable. National Law Journal. (opinion) Grady, R.H. & Loftus, E.F. (2014, Dec. 24) (Mis)remembering sexual assault. Daily Journal (op-ed) Loftus, E. F. (2014) Illusions of Memory. In Crangle, C.E., , de la Sienra, A.G., & Longino, H.E. (Eds). Foundations and methods from mathematics to neuroscience: Essays inspired by Patrick Suppes. CSLI Publications., Stanford, Calif. (Center for the Study of Language and Information). p 225-229. Patihis, L., Davis, D., & Loftus, E.F. (2014) Memory. In T.R. Levine (Ed.) Encyclopedia of Deception. Thousand Oaks, Ca: Sage, p 656-658. Patihis, L., Davis, D., & Loftus, E.F. (2014) Repressed memories. In T.R. Levine (Ed.) Encyclopedia of Deception. Thousand Oaks, Ca., Sage, p. 814-817. Newman, E. J., Frenda, S. J., & Loftus, E. F. (2014). False Memories. In Encyclopedia of Criminology and Criminal Justice (pp. 1555-1563). NY: Springer 2015 Loftus, E.F. (2015) Crimes of memory: False Memories and Societal Justice, In M.A. Gernsbacher & J.R. Pomerantz (Eds) Psychology and the Real World. 2nd Ed. NY: Worth, p 87-93. Nichols, R. M., Bogart, D., and Loftus, E. F. (2015). False Memories. In International Encyclopedia of Social and Behavioral Sciences 2nd Ed. (Vol 8, pp 709-714) Oxford, UK: Elsevier. DOI: 10.1016/B978-0-08-097086-8.51034-4 Berkowitz, S.R., Enright, K., Bowman-Fowler, N., & Loftus, E.F. (2015) Eyewitness Testimony. In A. Jamieson & A.A. Moenssens (Eds) Encyclopedia of Forensic Science. John Wiley: Chichester. DOI: 10.1002/9780470061589.fsa264.pub2 Loftus, E.F., Doyle, J.M., & Dysart, J.E. (2015) Eyewitness testimony: Civil & Criminal. 5th Ed. 2015 Cumulative Supplement, p 1-22. Charlottesville, VA: Lexis Law Publishing, Davis, D. & Loftus, E.F. (2015) Repressed Memories. In R.L. Cautin & S.O. Lilienfeld (Eds) The Encyclopedia of Clinical Psychology. P 1-3 NY: Wiley DOI:10.1002/9781118625392.wbecp270 Cochran, K.J., Bogart, D.F., Peterson, T, & Loftus, E.F. (2015) Memory: Reconstructive. Wiley Encyclopedia of Forensic Science, p 1-5 DOI: 10.1002/9780470061589.fsa607.pub2. Bogart, D.F. & Loftus,E.F. (2015) Memory: Repressed. Wiley Encyclopedia of Forensic Science, p 1- 7. DOI: 10.1002/9780470061589.fsa283.pub2 2016 Patihis, L. & Loftus, E.F. (2016) Crashing Memory 2.0: False memories in adults for an upsetting childhood event. Applied Cognitive Psychology 30, 41-50. DOI: 10.1002/acp.3165 Takarangi, M. K. & Loftus, E.F. (2016) Suggestion, placebos and false memories. In A. Raz & C.S. Harris (Eds) Placebos Talks: Modern perspectives on placebos in society. Oxford Univ Press. p 204- 226. Kaplan, R. L., Van Damme, I., Levine, L.J., & Loftus, E.F. (2016) Emotion and false memory. Emotion Review, 8, 8-13. Laney, C., & Loftus, E.F. (2016) History of forensic interviewing. In O’Donohue, W.T. & Fanetti, M.. (Eds). Forensic Interviews Regarding Child Sexual Abuse – A guide to evidence-based practice. NY Springer. (pp 1-17).

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Institute, Brandeis University National Legal Aid & Defender Assn, Austin, Rochester Inst. of Technology, Rochester, NY TX. New York Academy of Medicine (& Anna Prevent Child Abuse-Orange Cty Orange, CA Freud Centre), New York McGeorge School of Law (Lou Asch George Mason Law School, Institute for Memorial Lecture), Sacramento, CA Judges, Tucson, AZ New Century, Salon Speaker, Newport Beach, Brown University, Harold Schlosberg CA Colloquium Lecturer, Providence, RI Newport Harbor Bar Assn, Newport Beach, Oregon Health Sciences Univ., School of CA Medicine, Portland (Saslow Lecturer) University of Washington Law School, Seattle Ontario Ministry of Health & Mental Health Biola University, La Mirada, CA Center, Penetanguishene, Canada CEO Roundtable, Half Moon Bay, CA Future of Psychopathology, Bar-Ilan Tenth Annual Undergrad Research University, Israel Symposium (keynote), Irvine, CA Superior Court Judges, State of Georgia, St. University of California, San Diego, CA Simons Island, GA (Norman Anderson Endowed Lectureship) Tennessee Assn of Criminal Defense Lawyers, University of Colorado, Festschrift for Bourne, Nashville Kintsch, Landauer, Boulder, CO British Association for Advancement of American Psychological Society (Keynote), Science, Glasgow, Scotland Atlanta British Psych Society, Cognitive Section & Center for Inquiry-West, Inaugural Event European Society of Cog Psych, Edinburgh, keynote speaker, Los Angeles, CA Scotland Society for Applied Research in Memory and University of Michigan, Institute for Social Cognition, Aberdeen, Scotland (keynote) Research European Psychology & Law Conference, Federal Defender Program & Ill. Assn of Edinburgh, Scotland Criminal Defense Lawyers, Chicago American Psychological Association Louisiana State University, (Memory & (Distinguished Award Address), Toronto Narrative), Baton Rouge, Louisiana Texas Tech University, Lubbock, TX University of Portland, Oregon Harbor Ridge Women’s Group, Newport 2002 Beach, CA Cleveland-Marshall Law School, Cleveland, Lifelong Learning Academy, Irvine, CA OH Science and Evidence Conf, City Hall, Irvine SSSS Western Region Conference (key Calif. Attorneys for Criminal Justice, SF, CA invited), Manhattan Beach, CA Harvard Law School, Wrongful Convictions 2004 conf. University of Lusiada, Lisbon, Portugal University of Wyoming University of California, Los Angeles, CA Womens’ University Club, Seattle Claremont Graduate University - Conference Midwestern Psychological Assn (Psi Chi, on Applied Psychology Invited Speaker), Chicago University of Southern California, CA National Academy of Sciences, Washington Town & Gown, Newport Beach, CA DC (Henry & Bryna David Award Lecture) Northwestern University Advanced Trial Skills Inst, Calif. Public Annual Whistleblower Investigators Defenders Assn, Palm Springs, CA Conference, Baltimore, MD, Catholic Univ. of Leuven, Belgium Trauma and Memory, Continuing Legal L’Ecoles des Hautes Etudes en Sciences Education, Seattle, WA Sociales (EHESS), Paris World Association of Detectives, Seattle, WA Colorado College (Roberts Lecture), Colorado False Memory Syndrome Foundation Springs, CO Conference, Chicago, IL University of Colorado, Colorado Springs. Rocky Mountain Psychological Assn, 2003 Distinguished Speaker, Reno, NV National Institute on Teaching of Psychology, Western Psychological Association, Psi Chi St. Petersburg, FL (keynote) Distinguished Speaker, Phoenix, AZ Center for Inquiry, Los Angeles, CA State Legislative Leaders Foundation & American Assn for Advancement of University of Chicago, Chicago, IL Science, Denver. University of Illinois, Champaign-Urbana, IL 41 Case 1:14-cr-00107-RCL Document 847-7 Filed 06/25/18 Page 50 of 53

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Revised: May 2018

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Exhibit H

Case 1:14-cr-00107-RCL Document 847-8 Filed 06/25/18 Page 2 of 3

U.S. Department of Justice

Jessie K. Liu United States Attorney

District of Columbia

Judiciary Center 555 Fourth St., N.W. Washington, D.C. 20530

May 22, 2018

Via Email

Tobin Romero Thomas Connolly Simon Latcovich WILTSHIRE & GRANNIS, LLP Krystal Commons 1200 18th Street, NW WILLIAMS & CONNOLLY LLP Suite 1200 725 Twelfth Street, NW Washington, DC 20036 Washington, DC 20005-5901 Counsel for Defendant Nicholas Slatten Counsel for Defendant Nicholas Slatten

Re: United States v. Nicholas Slatten (No. 14-CR-00107 (RCL))

Dear Counsel:

We write in response to Mr. Latcovich’s letter dated May 21, 2018, regarding defense expert disclosures. The notice provided does not comply with Rule 16(b)(1)(C)(1), in that it does not provide the “bases and reasons” for the opinions listed. By way of example, you have not provided a copy of the recordings that Mr. Green used for his opinions. Similarly, you have failed to identify the case studies or other scientific research upon which Dr. Loftus will offer the opinions identified. Please provide a supplemental disclosure for all three expert witnesses, and provide copies of the materials that they will rely upon to provide the opinions you have identified.

If you do not intend to supplement your disclosures or provide us with copies of the materials and documents upon which your expert witnesses are relying upon, then please let us know promptly so that we may seek the appropriate relief from the Court.

Case 1:14-cr-00107-RCL Document 847-8 Filed 06/25/18 Page 3 of 3

Sincerely,

JESSIE K. LIU United States Attorney

By: /s/ T. PATRICK MARTIN FERNANDO CAMPOAMOR-SANCHEZ Assistant United States Attorneys National Security Section

Case 1:14-cr-00107-RCL Document 847-9 Filed 06/25/18 Page 1 of 2

Exhibit I

Case 1:14-cr-00107-RCL Document 847-9 Filed 06/25/18 Page 2 of 2

SIMON LATCOVICH (202) 434-5967 [email protected]

May 23, 2018

Via Email

Patrick Martin, Esq. Fernando Campoamor-Sanchez, Esq. United States Attorney’s Office for the District of Columbia 555 Fourth St. NW Washington, DC 20530

Re: United States v. Slatten, Crim. No. 4-107

Dear Counsel:

I write in response to your letter of May 22, 2018 regarding our expert disclosures. We disagree that these disclosures are in any way deficient. But to avoid unnecessary litigation, we note the following:

 Mr. Hendrikse is an expert in firearms and toolmark identification and comparison. He examined and analyzed some of the items of evidence in this case, including bullet core fragment and bullet jacket fragment, identified by the government as Q90.1 and Q121 respectively.

 Dr. Loftus’ CV identifies publications that reference case studies and research that she has relied on as the bases of her opinions.

Finally, I have enclosed copies of DX-5000-01, which are the recordings referenced in Mr.

Green’s disclosure.

Enclosures

CC: Thomas Connolly, Esq.