Scientific Evidence and Expert Witness Testimony in California About the Authors

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1 Scientific Evidence and Expert Witness Testimony in California 2015 About the Authors Hudson Bair, Esq., a coauthor of chapter 3 (Evidence of Alcohol Intoxication), is a principal in the Oakland law firm of Kapsack & Bair, LLP, specializing in the defense of driving under the influence. Mr. Bair earned his undergraduate degree from the University of Utah and his J.D. degree from Golden Gate University School of Law, San Francisco. He has particular expertise in breath and blood testing for alcohol and is certified both as a drug recognition screener and as an instructor in standardized field sobriety testing (SFST). Elliot S. Beckelman, Esq., a coauthor of chapters 1 and 2 (Introducing Scientific Evidence and Presenting and Challenging Expert Testimony on Scientific Evidence, respectively), is an attorney for California s Labor Commissioner s office, which is the chief law enforcement agency for the state s labor laws, and in this capacity oversees its Criminal Investigation Unit. He earned his undergraduate degree from the University of Wisconsin, Madison, and his J.D. degree from the University of California, Hastings College of the Law. Mr. Beckelman is a former assistant district attorney with the City i and County of San Francisco who served as the managing attorney of the Sex Crimes/Child Abuse and Career Criminal Prosecution Units and also served as a trial attorney in the Homicide, Gangs, General Felony Litigation, Elder Abuse, and Narcotics units. He also supervised the district attorney s investigation of clergy sexual abuse and was co counsel in its DNA STR admissibility litigation. Michael Begovich, Esq., a coauthor of chapter 2 (Presenting and Challenging Expert Testimony on Scientific Evidence), is a deputy public defender with the San Diego County Public Defenders Office and former chair of the Executive Committee of the State Bar s Criminal Law Section, where he previously served in other capacities, including chair of the Education Subcommittee. Mr. Begovich earned his undergraduate degree (summa cum laude and Phi Beta Kappa) from the University of California, Davis, and his J.D. degree from the University of California, Hastings College of the Law. He is an adjunct professor at Thomas Jefferson School of Law in San Diego, where he teaches trial practice and advanced trial advocacy. Before joining the public defender s office, Mr. Begovich worked in an AV rated civil law firm. Rated AV by Martindale Hubbell, he provides ongoing MCLE training for the State Bar, San Diego County Bar, and his office staff in areas relating to trial practice. He is also the author of chapter 29 (Jury Selection) in CEB s California Criminal Law Procedure and Practice and California Criminal Law: Forms Manual (2d ed) and of additional articles relating to jury selection and trial practice.

2 Ulises Castellon, CPCU, RFA, a coauthor of chapter 6 (Origin and Cause of Fire), is the chief operating officer of Fire Cause Analysis, a forensic investigation and engineering firm. Within that company, he also is the head of claims analysis as an insurance consultant and expert witness. He regularly teaches courses on topics ranging from arson and fraud investigations to fair claims practices, and he has published articles on similar topics for insurance trade journals. Mr. Castellon belongs to numerous professional organizations and is highly experienced in providing deposition and trial testimony. David J. Cohen, Esq., a coauthor of chapter 4 (Forensic Toxicology and the Use of Drug Evidence), is a certified criminal law specialist and the lead principal of Bay Area Criminal Lawyers, P.C., of San Francisco. Mr. Cohen earned his undergraduate degree from Amherst College and his J.D. degree from the University of Chicago Law School. His practice emphasizes white collar criminal defense work, and he has extensive trial and appellate experience in both federal and state courts. He began his legal career in New York City but relocated to California and, after practicing with Federal Defenders of San Diego, Inc., opened his own practice. Elena Condes, Esq., the author of chapter 9 (Global Positioning Systems (GPS), Cell Phones, and Other Tracking Devices) and a consulting editor for the prior edition of this title, has maintained a private criminal defense practice in Berkeley since Ms. Condes earned her undergraduate degree from the University of Arizona and her J.D. degree from Golden Gate University School of Law, San Francisco. She is also an update author for California Criminal Law Procedure and Practice (Cal CEB). Known for her exceptional trial advocacy skills, Ms. Condes s practice takes her into both federal and state court. Formerly, she served as the chair of the East Bay La Raza Lawyers Association and as president of Women Defenders. Scott Wm. Davenport, Esq., a coauthor of chapter 1 (Introducing Scientific Evidence) whose background includes being a certified specialist in both appellate law and criminal law, is a partner in the Orange County office of Manning & Marder, Kass, Ellrod, Ramirez LLP. Mr. Davenport earned his undergraduate degree from the University of California, Riverside, and his J.D. degree from California Western School of Law, San Diego. He has been lead counsel in over 400 appellate matters, is AV rated, and is the chair of the Committee of Bar Examiners. He also serves as an appellate settlement officer with the Second District Court of Appeal. Lisa C. DewBerry, Esq., a coauthor of chapter 4 (Forensic Toxicology and the Use of Drug Evidence), is a certified criminal law specialist who maintains her practice in San Francisco. Ms. DewBerry earned her undergraduate degree and her J.D. degree from the University of San Francisco School of Law. She has over 28 years of experience representing both youth and adults, and she has handled more than 100 jury trials. Before opening her practice, she was a lead attorney in the San Francisco Public Defender s Office. She is also an adjunct professor at Golden Gate University School of Law and is on the faculty of the National Institute of Trial Advocacy. E. Thomas Dunn, Jr., Esq., a coauthor of chapters 1 and 2 (Introducing Scientific Evidence and Presenting and Challenging Expert Testimony on Scientific Evidence, respectively), is a certified specialist in both criminal and appellate law, with an Anaheim practice that focuses on criminal law and motion matters, writs, and appeals. He earned his undergraduate degree

3 from Biola University and his J.D. degree from Southwestern University School of Law. He previously handled civil rights defense cases as an associate with Manning & Marder, Kass, Ellrod, Ramirez LLP, and he was the lead appellate attorney for 4 years at the California Court of Appeal. He also was a senior deputy district attorney for Orange County from 1985 to 1997, and he served for 2 years as a California deputy attorney general. He teaches advanced criminal evidence and other advanced criminal law courses at Western State University College of Law, where he has been on the faculty since Mr. Dunn is also an update author for California Criminal Law Procedure and Practice (Cal CEB). David Fermino, a coauthor of chapter 7 (Digital Forensics Investigations in Corporate Environments), is a partner at the San Francisco law firm Sideman & Bancroft, where his practice focuses on white collar criminal defense and complex criminal and civil appeals in the state and federal courts. Mr. Fermino graduated with a B.A. degree in anthropology in 1982 from Carleton College, and he obtained his J.D. degree in 1987 from Washington University in St. Louis Law School and was admitted to practice law in California Following graduation from law school, Mr. Fermino served as a law clerk for United States District Judge George N. Leighton, U.S. District Court for the Northern District of Illinois. Prior to joining Sideman & Bancroft, Mr. Fermino was an assistant federal public defender in Los Angeles and San Francisco, where he handled a broad spectrum of matters, including criminal tax matters, complex fraud matters, and major gun and drug trafficking cases. In addition to his trial experience, Mr. Fermino s appellate experience includes oral argument before the U.S. Supreme Court, an en banc panel of the Ninth Circuit Court of Appeals, numerous three judge panels of the Ninth Circuit, and the California Courts of Appeal that have resulted in significant published opinions. Lou Feuchtbaum, a coauthor of chapter 7 (Digital Forensics Investigations in Corporate Environments), is a partner with Sideman & Bancroft, where his practice is focused on white collar criminal defense and complex civil litigation, particularly as it relates to trademark counterfeiting. A graduate of the United States Naval Academy, Mr. Feuchtbaum served for 7 years as a commissioned officer in the U.S. Navy, specializing in surface ship warfare and serving in combat. Mr. Feuchtbaum obtained his J.D. degree in 1999 from the George Washington University Law School and is admitted to practice law in New York (2000) and California (2002) as well as before various federal courts. Prior to joining Sideman & Bancroft, Mr. Feuchtbaum was an assistant district attorney in the Bronx, where his practice focused on investigating and prosecuting organized crime and official corruption cases. He oversaw several long term investigations involving electronic surveillance that targeted money laundering, fraud, and extortion, including an investigation that led to the breakup of one of the largest illegal gun smuggling operations in New York City s history. Mr. Feuchtbaum has defended major automotive and tire manufacturers in product liability actions, and he has defended individuals accused of complex frauds and business crimes. Kerry L. Francis, CPA, a coauthor of chapter 8 (Forensic Accounting), is a forensic accountant and partner in the forensic and dispute services practice of Deloitte Financial Advisory Services, LLP, and leads its national corporate investigations service line out of the San Francisco office. Ms. Francis received her undergraduate degree from the University of California, Berkeley. She specializes in internal corporate investigations and

4 securities litigation matters and has provided services in a variety of legal matters, including preparing trial exhibits and testimony. She wishes to thank Caroline Greenway and Robert Kytonen of Deloitte Financial Advisory Services, LLP, for their research assistance. Kali S. Grech, Esq., a coauthor of chapter 4 (Forensic Toxicology and the Use of Drug Evidence), is a criminal defense attorney with Bay Area Criminal Lawyers, P.C., of San Francisco. She earned her undergraduate degree (summa cum laude) from California Polytechnic State University, San Luis Obispo, and her J.D. degree from the University of San Francisco School of Law. Before joining Bay Area Criminal Lawyers, P.C., Ms. Grech worked for the Contra Costa County Public Defender s Office in Richmond and had prior experience with law offices that practiced in a variety of subject areas, including family, tax, bankruptcy, environmental, and general civil litigation. Geoff Hazard, a coauthor of chapter 6 (Origin and Cause of Fire), is a forensic expert in the origin and cause of fires and explosions and a partner with Fire Cause Analysis. He holds a master s degree in forensic and fire science from the University of New Haven, Connecticut, and has lectured to UNH students on numerous occasions. Mr. Hazard is a certified fire investigator through the International Association of Arson Investigators and holds a Pro Board Certification as a fire investigator from the National Board on Fire Service Professional Qualifications. He has participated in over 1500 investigations of residential, commercial, and vehicular fires as an origin and cause expert with Fire Cause Analysis. Mr. Hazard is an expert in the dynamics, evolution, and spread of fires and the forensic application of NFPA 921 to fire origin and cause investigation and has qualified and testified as an expert witness on several occasions. Mr. Hazard has been published in the Journal of the International Association of Arson Investigators and the California Conference of Arson Investigator s Magazine. John Janes, a coauthor of chapter 7 (Digital Forensics Investigations in Corporate Environments), is director of the Analytic and Forensic Technology Group of Deloitte Financial Advisory Services, LLP, in San Francisco. Mr. Janes earned his undergraduate degree from the University of Maryland. He has over 25 years of experience in providing technology solutions to law firms and general counsels offices. He has worked for systems vendors and consulting firms designing, installing, and implementing litigation and case management systems for law firms and law departments. He wishes to thank Tomas Castrejon of Deloitte Financial Advisory Services, LLP, for his research assistance. Ellen Lin, a coauthor of chapter 8 (Forensic Accounting), is a senior manager at Deloitte Financial Advisory Services, LLP, in San Francisco. She graduated with a B.S. in business administration from the University of California, Berkeley. Ms. Lin has over 6 years of experience in performing fraud and forensic investigations and litigation support work of various companies, mainly in the financial services and technology industries, and 4 years of experience in Deloitte s financial statement audit practice, performing integrated audits of public and private companies. She is a certified public accountant in California and a certified fraud examiner, and she is certified in financial forensics. Hon. Darrell S. Mavis, a coauthor of chapters 1 and 2 (Introducing Scientific Evidence and Presenting and Challenging Expert Testimony on Scientific Evidence, respectively), is a judge of the Los Angeles County Superior Court. Judge Mavis earned his undergraduate

5 degree from MIT and his J.D. degree from Harvard Law School. From 1991 until becoming a judge in 2006, he was a deputy district attorney with the Los Angeles County District Attorney s Office. He served earlier as an attorney with the United States Department of Justice. Formerly, Judge Mavis was the chair of the State Bar s Criminal Law Section Executive Committee. He has been an adjunct professor at Southwestern University School of Law since 1996, teaching trial advocacy. Mark E. Michels, a coauthor of chapter 7 (Digital Forensics Investigations in Corporate Environments), is a director in Deloitte Financial Advisory Services, LLP. Mr. Michels received his B.S. degree from Georgetown University School of Foreign Service, an M.S. degree from the Department of Defense Intelligence College, and his J.D. degree (magna cum laude) from Georgetown University Law Center. He specializes in advising on electronic discovery management related to complex litigation, patent litigation, class actions, commercial disputes, premerger reviews, and internal investigations. Mr. Michels is also a nationally recognized expert on in house e discovery implementation, patent litigation discovery management, and litigation cost control. He has been an advisory board member of the Georgetown Law Advanced E Discovery Institute since He wishes to thank Jesús A. Chavez of Deloitte Financial Advisory Services, LLP, for his research and writing assistance. Judith L. Stewart, a coauthor of chapter 4 (Forensic Toxicology and the Use of Drug Evidence), is a senior forensic technologist in a division of Forensic Analytical Specialties in Hayward. She earned an undergraduate degree in biology from California State University, Fresno. Ms. Stewart has over 33 years of experience in forensic toxicology, including 4 years as a laboratory director. She is court qualified in many forensic science areas, including blood and urine analysis and interpretation and analysis of controlled substances. She is a member and past president of the California Association of Toxicologists, has authored articles, and has given presentations on various aspects of forensic toxicology. Danielle Van Wert, Esq., a coauthor of chapter 8 (Forensic Accounting), is an attorney at Orrick Herrington & Sutcliffe LLP. She received her undergraduate degree from the University of California, Davis, and her law degree from the University of California, Los Angeles, School of Law. Her practice focuses on securities litigation, internal investigations, and white collar criminal defense. She represents companies and individuals in securities regulated regulatory investigations, including SEC and FINRA matters. John White, PE, a coauthor of chapter 6 (Origin and Cause of Fire), is a registered fire protection engineer in the states of California and Nevada and a certified fire investigator for Fire Cause Analysis in Berkeley. He received an undergraduate degree in chemistry from the University of California, Berkeley, and his M.Sc. in fire protection engineering from Worcester Polytechnic Institute in Massachusetts. He specializes in the design and analysis of fire protection systems; failure mode and effects analysis; the forensic analysis of fire origin, cause, and spread; and the use of computer based predictive fire modeling. Mr. White has consulted on a variety of investigations and design projects for private companies, public agencies, transit authorities, insurance companies, and private citizens.

6 Hon. Mark E. Windham, the author of chapter 5 (DNA Evidence), is a judge of the Los Angeles County Superior Court. Judge Windham earned his undergraduate degree from the University of California, Berkeley, and his J.D. degree from the University of California, Hastings College of the Law. He served as head deputy public defender for the Los Angeles County Public Defender s Office from 2000 until his appointment to the bench in January From 1985 to 2000, he served as a deputy public defender for the same agency and was in private practice from 1984 to Douglas K. Wood, Esq., a coauthor of chapter 6 (Origin and Cause of Fire), is a partner in the San Francisco office of Morris Polich & Purdy LLP. Mr. Wood received his undergraduate degree (cum laude) from the University of the Pacific and his J.D. degree (magna cum laude) from the University of California, Hastings College of the Law. He specializes in property insurance law and defends coverage and bad faith litigation arising out of complex insurance claims. Repeatedly, he has been named one of Northern California s Super Lawyers, a Top Rated Insurance Lawyer, and one of the Bay Area s Best Insurance Lawyers. Mr. Wood coauthored and served as on camera subject matter expert in the International Association of Arson Investigator s new online CFITrainer.net Expert Witness Deposition modules. Mr. Wood has served the California Conference of Arson Investigators as legal consultant, instructor, and ex officio member of the board of directors. He speaks, writes, and teaches regularly. Margaret L. Wu, Esq., a coauthor of chapters 7 and 8 (Digital Forensics Investigations in Corporate Environments and Forensic Accounting, respectively), is managing counsel for litigation in the Office of General Counsel, University of California, in Oakland. Ms. Wu earned her undergraduate degree from Stanford University and her J.D. degree from the University of California, Berkeley, School of Law. Her practice focuses on academic affairs and other complex litigation. She previously was an attorney with Morrison & Foerster, LLP, in San Francisco and with Boies, Schiller & Flexner, LLP, in Oakland. She wishes to thank Julie Soeganda, Felicia Medina, and Nicholas Napolitan of Morrison & Foerster, LLP, for their research assistance. Jeffrey L. Zehnder, a coauthor of chapter 3 (Evidence of Alcohol Intoxication), is a forensic toxicologist and director of Drug Detection Laboratories, Inc., of Sacramento, which provides drug and alcohol testing for employers, courts, public and private attorneys, hospitals, counselors, parents, and other individuals. Mr. Zehnder has a B.S. degree in forensic science with a teaching minor in chemistry from California State University, Sacramento. Previously, he was a clinical toxicologist with the University of California Medical Center as well as a supervising toxicologist with Sacramento Clinical Laboratories. He has testified approximately 2000 times as an expert on drug and alcohol metabolism and testing, on the effects of alcohol and drugs, and on toxicology testing.

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