Federal 7th Circuit Court
Criminal Court
Expert Witness
In prosecution on armed bank robbery charge, Dist. Ct. erred in admitting testimony from police detective that described characteristics of red dye pack used by bank to detonate on or near bank robbers after they left bank, since said testimony constituted expert witness testimony, and govt. had failed to disclose said testimony prior to trial as required under Rule 702. However, defendant failed to object to said testimony, and under plain error analysis, said testimony did not require new trial where: (1) defendant knew general nature of detective’s testimony prior to trial; and (2) detective’s testimony ultimately was not damaging to defendant’s case.