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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Case 3:19-cv-01537-BEN-JLB Document 65-1 Filed 11/18/20 PageID.8558 Page 1 of 115 1 XAVIER BECERRA Attorney General of California 2 State Bar No. 118517 MARK R. BECKINGTON 3 Supervising Deputy Attorney General State Bar No. 126009 4 PETER H. CHANG Deputy Attorney General 5 State Bar No. 241467 JOHN D. ECHEVERRIA 6 Deputy Attorney General State Bar No. 268843 7 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 8 Telephone: (415) 510-3479 Fax: (415) 703-1234 9 E-mail: [email protected] Attorneys for Defendants Xavier Becerra, in 10 his official capacity as Attorney General of the State of California, and Luis Lopez, in his 11 official capacity as Director of the Department of Justice Bureau of Firearms 12 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 15 CIVIL DIVISION 16 17 JAMES MILLER, et al., 19-cv-1537 BEN-JLB 18 Plaintiffs, 19 v. DEFENDANTS’ WITNESS LIST 20 [LOCAL RULE 16.1(f)(2)(d)] 21 CALIFORNIA ATTORNEY GENERAL XAVIER BECERRA, Pre-Trial Conference: 22 et al., Date: December 16, 2020 Time: 10:00 a.m. 23 Defendants. Dept: 5A Judge: Hon. Roger T. Benitez 24 Trial Date: January 21, 2021 Action Filed: August 15, 2019 25 26 27 28 Defendants’ Witness List (19-cv-1537 BEN-JLB) Case 3:19-cv-01537-BEN-JLB Document 65-1 Filed 11/18/20 PageID.8559 Page 2 of 115 1 Pursuant to Federal Rule of Civil Procedure 26(a)(3)(A)(i) and Local Rule 2 16.1(f)(2)(d), Defendants submit the following witness list. 3 Defendants’ Witness List 4 1. Lucy P. Allen, Managing Director, NERA Economic Consulting. 5 For over 20 years, Ms. Allen has been engaged as an economic consultant or 6 expert witness in numerous projects involving economic and statistical analysis. 7 She has been qualified as an expert and testified in court on various economic and 8 statistical issues relating to the flow of guns into the criminal market. Ms. Allen 9 has an A.B. from Stanford University, an M.B.A. from Yale University, and M.A. 10 and M. Phil. degrees in Economics, also from Yale University. Prior to joining 11 NERA, she was an Economist for both President George H. W. Bush’s and 12 President Bill Clinton’s Council of Economic Advisers. Ms. Allen’s resume is 13 attached as Exhibit 1. 14 Ms. Allen will be called to testify at trial as an expert regarding her analyses 15 with respect to the following issues: (a) the number of rounds of ammunition fired 16 by individuals using a gun in self-defense; and (b) the outcomes when assault 17 weapons (as defined under California law) and large-capacity magazines are used in 18 public mass shootings, including the associated number of casualties. Specifically, 19 Ms. Allen is expected to testify that it is rare for a person, when using a firearm in 20 self-defense, to fire more than ten rounds. For self-defense situations in the home, 21 defendants fired an average of 2.1 shots, and fired no shots in 16.1% of incidents. 22 Ms. Allen will further testify that the use of assault weapons and large-capacity 23 magazines, both independently and in conjunction, in public mass shootings, leads 24 to a dramatic increase in the number of fatalities and injuries. The general 25 substance of her testimony is provided in her declaration submitted in support of 26 Defendants’ opposition to the motion for preliminary injunction. See Dkt. 33-1. 27 Ms. Allen may be contacted through Defendants’ counsel of record. 28 1 Defendants’ Witness List (19-cv-1537 BEN-JLB) Case 3:19-cv-01537-BEN-JLB Document 65-1 Filed 11/18/20 PageID.8560 Page 3 of 115 1 2. Christopher B. Colwell, Chief of Emergency Medicine, Zuckerberg San 2 Francisco General Hospital and Trauma Center; Professor and Vice Chair in the 3 Department of Emergency Medicine at the University of California at San 4 Francisco School of Medicine. 5 Mr. Colwell has over 25 years of experience treating gunshot-wound victims 6 in the Emergency Department at large urban level I trauma centers and in that time 7 has treated over a thousand patients with gunshot wounds. He received his 8 Emergency Medicine training at Denver General Hospital in the Denver Affiliated 9 Residency in Emergency Medicine and is board certified by American Board of 10 Emergency Medicine (ABEM) in both Emergency Medicine and Emergency 11 Medical Service (EMS). Mr. Colwell’s resume is attached as Exhibit 2. 12 Mr. Colwell will be called to testify at trial as an expert regarding the 13 physiologic trauma caused by gunshot wounds and other penetrating injuries. 14 Specifically, Mr. Colwell is expected to testify that assault weapons, especially 15 when equipped with large capacity magazines, pose a far greater risk to the public 16 from a medical standpoint than non-assault firearms. Gunshot wounds from assault 17 weapons tend to be higher in complexity with higher complication rates than such 18 injuries from non-assault weapons, increasing the likelihood of morbidity in 19 patients that present injuries from assault weapons. Victims of assault weapons are 20 at far greater risk of both immediate and long-term complications, including higher 21 amputation rates and higher infection rates. The general substance of his testimony 22 is provided in his declaration submitted in support of Defendants’ opposition to the 23 motion for preliminary injunction. See Dkt. 33-2. 24 Mr. Colwell may be contacted through Defendants’ counsel of record. 25 26 27 28 2 Defendants’ Witness List (19-cv-1537 BEN-JLB) Case 3:19-cv-01537-BEN-JLB Document 65-1 Filed 11/18/20 PageID.8561 Page 4 of 115 1 3. John J. Donohue, C. Wendell and Edith M. Carlsmith Professor of Law at 2 Stanford Law School. 3 Professor Donohue has a law degree from Harvard Law School and a Ph.D. in 4 economics from Yale University. He has previously held tenured positions as a 5 chaired professor at both Yale Law School and Northwestern Law School. At 6 Stanford, he regularly teaches a course on empirical law and economics issues 7 involving crime and criminal justice that evaluates both the nature of gun regulation 8 in the United States and the impact of gun regulation on crime. From 2011-2018, 9 Professor Donohue served on the Committee on Law and Justice of the National 10 Research Council, which “reviews, synthesizes, and proposes research related to 11 crime, law enforcement, and the administration of justice, and provides an 12 intellectual resource for federal agencies and private groups.” He is a Research 13 Associate of the National Bureau of Economic Research. Professor Donohue has 14 authored numerous articles on the effect of gun control laws. Professor Donohue’s 15 resume is attached as Exhibit 3. 16 Professor Donohue will be called to testify at trial as an expert regarding the 17 prevalence of assault weapons and the effect of assault-weapon restrictions on 18 public mass shootings. Specifically, Professor Donohue is expected to testify that 19 California’s assault weapons ban mitigates the deadly and injurious effects of 20 public mass shootings, as demonstrated by the effectiveness of the federal assault 21 weapons ban, without impairing the defensive capabilities of law-abiding citizens. 22 Professor Donohue is also expected to testify that only a relatively small minority 23 of Americans own assault weapons. The general substance of his testimony is 24 provided in his declaration submitted in support of Defendants’ opposition to the 25 motion for preliminary injunction. See Dkt. 33-3. 26 Professor Donohue may be contacted through Defendants’ counsel of record. 27 28 3 Defendants’ Witness List (19-cv-1537 BEN-JLB) Case 3:19-cv-01537-BEN-JLB Document 65-1 Filed 11/18/20 PageID.8562 Page 5 of 115 1 4. Blake Graham, Assistant Director, California Department of Justice, Bureau 2 of Firearms. 3 Assistant Director Graham received a Bachelor of Science degree in May 1992 4 in Criminal Justice from the California State University Sacramento. Since 1994, 5 he has worked as either an investigator for the California Department of Alcoholic 6 and Beverage Control (ABC) or as a Special Agent for the California Department 7 of Justice (DOJ). His job responsibilities in these positions have involved the 8 recovery, investigation, and identification of firearms, the ammunition used for 9 those firearms, and the magazines used for feeding ammunition for those firearms. 10 From October 2002 to March 2019, he was a Special Agent and Special Agent 11 Supervisor, for the DOJ’s Bureau of Firearms (BOF). In that capacity, he was 12 assigned to recover firearms from prohibited individuals, monitor gun shows for 13 illegal activities, conduct surveillance on gun dealers suspected of illegal activity, 14 and investigate illegal trafficking of firearms, manufacturing of assault weapons 15 and machine guns, and illegal possession of various magazines and ammunition. In 16 July 2020, he became an Assistant Director of the BOF, responsible for the BOF’s 17 enforcement personnel. 18 Assistant Director Graham has conducted training programs in the 19 identification and handling of firearms and has given firearms identification classes 20 to members of the multiple District Attorney’s offices in the State of California. He 21 has also completed at least 15 firearms training courses that covered the assembly 22 and use of specific firearms, cartridge composition (bullet, propellant, and casing), 23 common calibers used by law enforcement, and training on rifle and handgun 24 ammunition.
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