Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 1 of 10 PageID 977

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1 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 1 of 10 PageID 977 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION UNITED STATES OF AMERICA v. CAUSE No. 5:11-CR-015 KHALID ALI-M ALDAWSARI, Defendant. RULE 16(b)(1)(C) EXPERT WITNESS SUMMARIES Pursuant to Federal Rule of Criminal Procedure 16(b)(1)(C), defense counsel now provides the Government with summaries of the expected testimony of experts James T. Thurman, John L. Esposito, Ph.D., Jerome Brown, Ph.D., Lance Sloves, J. Graham Rankin, Ph.D., and Danny Coulson that defense counsel intends to use during trial according to Federal Rules of Evidence 702, 703, or 705. The following includes Defendant s Rule 16(b)(1)(C) summaries of these experts qualifications, opinions, and the bases and reasons for those opinions. I. Expert James T. Thurman Explosives and Hazardous Devices James T. Thurman s qualifications to testify as an expert witness are contained in his Curriculum Vitae, which is attached as Exhibit A. Mr. Thurman, an expert in explosives and hazardous devices, will/can testify to whether the materials allegedly recovered from Mr. Aldawsari s apartment and the materials that were allegedly ordered and in transit to his apartment, could have been converted/assembled into an explosive device having an explosive main charge and an 1

2 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 2 of 10 PageID 978 initiation/fuzing system of sufficient portions to cause the main charge explosive to explode. Additionally, on October 28, 2011, Mr. Thurman attended the test explosion conducted by the FBI Explosives Unit in Quantico, Virginia. Mr. Thurman will testify as to whether Mr. Aldawsari could have constructed a weapon of mass destruction that resulted in an explosion similar to the test explosion conducted by the FBI on October 28, Finally, the scope and/or subject matter of Mr. Thurman s testimony might change once the Government s experts testify. Mr. Thurman s opinions are based upon his personal review of the discovery materials provided by the Government and his training, education, and experience. Mr. Thurman has worked in the explosives field for over thirty years, first as an Army Bomb Disposal Technician and then as a Special Agent with the FBI. As a Supervisory Special Agent in the FBI Laboratory, he forensically examined the exploded remains of hundreds of improvised explosive devices and traveled extensively throughout the United States and the world to collect evidence and conduct bombing scene investigations. These investigations have included the bombing of the U.S. Embassy in Lebanon in 1983 and 1984, the bombing of the Marine Barracks, also in Lebanon in 1983, the bombing of Pan American Flight 103 over Lockerbie, Scotland, the bombing deaths of a Federal Judge in Alabama and an attorney in Georgia in 1989, and the 1993 Bombing of the World Trade Center in New York. Prior to his retirement from the FBI in 1998, Thurman was the Chief of the FBI Bomb Data Center, whose responsibilities included the training of all public safety bomb disposal technicians in the United States. 2

3 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 3 of 10 PageID 979 Mr. Thurman has and continues to lecture and provide training into the methods of bomb scene investigation, terrorism crime scene investigation and explosives avoidance to domestic and international training schools and audiences. He is member of a number of professional organizations, which include the International Association of Bomb Technicians and Investigators (IABTI), as an advisor, National Association of Fire Investigators (NAFI) and the International Society of Explosives Engineers (ISEE). Thurman is a Certified Fire and Explosion Investigator (CFEI) and Certified Vehicle Fire Investigator (CVFI) under the National Association of Fire Investigators (NAFI). As a member of various national planning panels, he participated in the preparation of two best practice guides published by the U.S. Department of Justice; Crime Scene Investigation: A Guide for Law Enforcement and A Guide for Explosion and Bombing Scene Investigation. Additionally, he is the sub-committee chair of the Training and Education sub-committee for the Technical Working Group for Fire and Explosions (TWGFEX) under the National Center for Forensic Science, University of Central Florida. Thurman is the author of Practical Bomb Scene Investigation, Second Edition published by CRC Press in Now in its second writing, this book is the first comprehensive work on the subject and includes over 500 pages and 200 photographs and diagrams, in addition to an extensive chapter on the investigative methods employed at the post blast scene, chapters on explosion dynamics, identification of commercial and military explosives, pre and post blast identification of bomb construction components, weapons of mass destruction, military ordnance identification features, the capabilities of the forensic laboratory in the examination of bomb debris and reading the bombers signature and the methods of expeditiously collecting evidence within a hostile environment. 3

4 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 4 of 10 PageID 980 Mr. Thurman currently is a Professor at Eastern Kentucky University teaching in a unique academic program, Fire, Arson and Explosion Investigation. He holds a B.A from Eastern Kentucky University and a M.S. degree in Forensic Science from George Washington University, Washington, D. C. II. Expert John L. Esposito, Ph.D. Islamic and Arabic Culture Dr. John L. Esposito s qualifications to testify as an expert witness are contained in his Curriculum Vitae, which is attached to this summary as Exhibit B. Dr. Esposito, an expert in Islamic and Arabic culture, will analyze the writings found on the blog From Far Away, which the Government attributes to Mr. Aldawsari, writings allegedly found in Mr. Aldawsari s notebooks, and certain videos allegedly found on Mr. Aldawsari s computer that the Government has characterized as extremist propaganda. At trial, Dr. Esposito will testify to the cultural bias and isolation experienced by Mr. Aldawsari as part explanation for his conduct (i.e., alleged blog postings, extremist writings, and watching extremist videos) and to support the defense of free speech. Additionally, Dr. Esposito will testify concerning the following general subject matters: The meaning of jihad in the context of Islam The context of Islamic religious thought and expression Islam s affect on Mr. Aldawsari s cultural and political beliefs 4

5 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 5 of 10 PageID 981 Finally, the scope and/or subject matter of Dr. Esposito s testimony might change once the Government s experts testify. Dr. Esposito s opinions are based upon his personal review of the discovery materials provided by the Government and his training, education, and experience. Dr. Esposito is a Professor at Georgetown University s Foreign Service School and founding Director of the Center for Muslim-Christian Understanding. He has been published on Middle-East topics in The Wall Street Journal, The New York Times, The Washington Post, The Economist, The Guardian, The Times of London, CNN, ABC Nightline, CBS, NBC, and the BBC, among others. He testified as a defense expert in United States v. Holy Land Foundation, No. 3:4-CR-240 (N.D. Tex. 2008) and opined that Arabic speeches made by defendants had different more benign meanings than their literal translations. III. Expert Jerome Brown, Ph.D. Psychology Dr. Jerome Brown s qualifications to testify as an expert witness are contained in his Curriculum Vitae, which is attached to this summary as Exhibit C. Dr. Brown has personally interviewed and observed Mr. Aldawsari. At trial, Dr. Brown will render an opinion as to Mr. Aldawsari s mental state at the time of the alleged crime. Specifically, Mr. Brown will testify whether Mr. Aldawsari knowingly attempted to use a weapon of mass destruction. 18 U.S.C. 2332a(a)(2)(A) & (D). Additionally, Dr. Brown has not completed his assessment of Mr. Aldawsari because Mr. 5

6 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 6 of 10 PageID 982 Aldawsari recently returned to Texas following psychiatric and psychological evaluations. Dr. Brown will complete his assessment during the next two weeks. Finally, the scope and/or subject matter of Dr. Brown s testimony might change once the Government s experts testify. Dr. Brown s opinions are based upon his personal examination of Mr. Aldawsari, and Dr. Brown s training, education, and experience. Dr. Brown received his license in psychology in 1970 from the Texas State Board of Examiners of Psychologists. Dr. Brown has been an expert in more than 1,000 trials in Houston, Texas. IV. Expert Lance Sloves Computer Forensics Mr. Sloves s qualifications to testify as an expert witness are contained in his Curriculum Vitae, which is attached to this summary as Exhibit D. Mr. Sloves s testimony will challenge the computer forensic expert of the Government linking various computer files, videos, and blogging web sites to the Defendant. The nature of Mr. Sloves s testimony will depend in large part on the testimony of the Government s computer forensic expert and whether, in Mr. Sloves s opinion, that testimony is accurate and verifiable. On February 3, 2012, the Government provided defense counsel with a report of the Government s computer forensics examiner. Mr. Sloves has not, in the time frame between February 3, 2012 and the present, been able to review the report. Finally, the scope and/or subject matter of Mr. Sloves s testimony might change once the Government s experts testify. 6

7 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 7 of 10 PageID 983 Mr. Sloves s opinions are based upon his personal review of the discovery materials provided by the Government and his training, education, and experience. Mr. Sloves has testified as a qualified expert in both criminal and civil matters in state court and in federal court. He is a certified computer examiner and a member of the International Society of Forensic Computer Examiners. Mr. Sloves is a part time instructor for the U.S. Department of State. In 2010, Mr. Sloves s firm, Computer Forensic Services Inc., was voted among the top 3 computer forensic firms in Dallas by the publication Texas Lawyer. V. Expert J. Graham Rankin, Ph.D. Forensic Chemist Dr. Rankin s qualifications to testify as an expert witness are contained in his Curriculum Vitae, which is attached to this summary as Exhibit E. Dr. Rankin will/can testify to the broad range of issues related to chemical compounds in this case. Among these issues, Dr. Rankin will/can testify that the Defendant did not have the necessary components to create an improvised explosive, which could be used in a weapon of mass destruction. He will/can testify to whether Mr. Aldawsari had the necessary materials to create a detonator. He will/can testify to the chemical make up of picric acid and of each of the chemicals that were allegedly found in the Defendant s possession, and/or that the Defendant allegedly researched. He will/can testify to properties of phenol, sulfuric acid, and nitric acid, among other chemicals, including but not limited to their interaction with other chemicals. He will/can testify to 7

8 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 8 of 10 PageID 984 the various chemical compounds that are purported to have been created in the various video recordings that were allegedly discovered on Mr. Aldawsari s computer. Dr. Rankin s testimony will depend in large part on what is stated by the Government s forensic chemist, Robert Mothershead. Finally, the scope and/or subject matter of Dr. Rankin s testimony might change once the Government s experts testify. Dr. Rankin opinions are based upon his personal review of the discovery materials provided by the Government and his training, education, and experience. Dr. Rankin is a professor of Forensic Science at Marshal University and advisor to students pursuing the chemistry emphasis in the Forensic Science graduate program. He has training and experience in the chemistry of explosives. He has a Ph.D. in chemistry from the University of Houston, a bachelor s degree in biology from Southern Methodist University, and a Ph.D. in oceanography from Texas A&M University. Dr. Rankin is a fellow of the American Academy of Forensic Science, a member of Technical Working Group for Fire and Explosives (TWGFEX), where he is Co-chair, Explosive Lab Education and Training Committee, and a member of the American Chemical Society in the Analytical and Chemistry in Law Divisions. VI. Danny Coulson Terrorism and Investigations Expert Mr. Coulson s qualifications to testify as an expert witness are contained in his Curriculum Vitae, which is attached to this summary as Exhibit F. 8

9 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 9 of 10 PageID 985 Mr. Coulson will/can testify to proper investigatory standards, procedures, and practices regarding terrorism investigations, including those involving weapons of mass destruction or potential weapons of mass destruction. In doing so, Mr. Coulson will/can address several shortfalls and improper tactics, techniques, and procedures that were used by investigators and law enforcement in this case. Mr. Coulson s testimony will likely address, among other things, the appropriateness of the timing of the arrest and the bringing of criminal charges in this case. Mr. Coulson s opinions are based upon his personal review of the discovery materials provided by the Government and his extensive training, education, and experience. Mr. Coulson served in the FBI for over thirty-one years. He has served as the Deputy Assistant Director of the FBI with responsibility for worldwide terrorism investigations. He also commanded four FBI Field Divisions and created and commanded the FBI s Hostage Rescue Team. Mr. Coulson was, furthermore, selected by the Director of the FBI as a commander of the Oklahoma City Bombing investigation and has conducted Security Facility Assessments of some of the United States most sensitive institutions. Mr. Coulson has trained with counter terrorist teams including the Delta Force and Seal Team Six. He regularly appears on Network Television as an expert in Terrorism and Violent Crime and handles security matters. He has a bachelor s degree from Texas Christian University, and a law degree from Southern Methodist University. Respectfully submitted, /s/ Dan Cogdell DAN COGDELL 9

10 Case 5:11-cr C -BG Document 106 Filed 02/08/12 Page 10 of 10 PageID 986 TBN: Cogdell Law Firm, LLC 1401 McKinney Street, Suite 1625 Houston, Texas Office: Facsimile: /s/ Paul Doyle PAUL DOYLE Texas State Bar No Paul Doyle & Associates, LLC 600 Travis Suite 4700 Houston, Texas (713) (713) Facsimile /s/ Roderique S. Hobson, Jr. RODERIQUE S. HOBSON JR. Attorney at Law 816 Main Street Lubbock, Texas (806) ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I certify that on February 8, 2012, I electronically filed the foregoing document with the clerk of court of the U.S. District Court for the Northern District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a Notice of Electronic Filing to the attorney for the Government. /s/ Dan Cogdell DAN COGDELL 10