IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA §

§

V. § NO. 3:22-CR-378-N

§

RAYNALDO RIVERA ORTIZ JR. §

DEFENDANT’S NOTICE OF EXPERT TESTIMONY

TO THE HONORABLE CHIEF JUDGE DAVID C. GODBEY:

COMES NOW, RAYNALDO RIVERA ORTIZ JR., by and through his counsel of record, 

Marti Morgan, Assistant Federal Public Defender, pursuant to Federal Rule of Criminal Procedure 

16(b)(1)(C), and hereby provides the following notice of expert testimony:

BobbieJean Sweitzer, M.D. FACP, SAMBA-F, FASA

3300 Gallows Road

Falls Church, Virginia 22042

Dr. Sweitzer is a practicing anesthesiologist and the Systems Director of Perioperative 

Medicine at Inova Health in Falls Church, Virginia; she is also a Professor of Medical Education at 

the University of Virginia in Charlottesville, Virginia. In these roles, Dr. Sweitzer provides anesthesia 

services to patients having a variety of procedures from ambulatory to major in-patient surgical 

procedures, while also supervising CRNAs (certified registered nurse anesthetists), residents and 

medical students. As part of her role as the Systems Director of Perioperative Medicine at Inova 

Health, Dr. Sweitzer runs five pre-operative clinics focused on the evaluation and management of 

elevated-risk patients anticipating anesthesia and surgery. She is currently licensed to practice medicine 

in Virginia, and she is certified by the American Board of Internal Medicine and the American Board 

of Anesthesiology. Dr. Sweitzer received her bachelor’s degree from Southern Illinois University, and 

earned her M.D. from the Loyola University Stritch School of Medicine. After medical school Dr. 

Sweitzer completed her medical internship at Baylor College of Medicine in Houston, Texas;

residencies in internal medicine at University of California at San Francisco in San Francisco, 

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California, and Baylor College of Medicine in Houston, Texas; and a residency in anesthesia and critical 

care at Massachusetts General Hospital in Boston, Massachusetts. Throughout her career, she has 

been a practicing anesthesiologist while also teaching at institutions including Harvard Medical School, 

the University of Chicago, and Northwestern University. See Exhibit A, Sweitzer, BobbieJean. 

Curriculum vitae. [2023].

Because of Dr. Sweitzer’s vast experience, skill, and education as a pre-operative physician

specialist and anesthesiologist she is qualified to read and interpret medical records; evaluate and 

explain the procedures described therein; describe the medications used therein, their appropriate 

manner of administration, and the expected results of their use; the expected and unexpected 

physiological responses to such medications; the expected and appropriate manner of 

documentation of events during surgical procedures; and to evaluate the physiological and 

pathological responses of a patient to anesthetic and vasoactive medications and the interaction 

between stable medical conditions and anesthesia and surgery. Dr. Sweitzer’s opinions are based 

upon her experience, education, and familiarity with well-established principles of the American 

Board of Anesthesiology and the American Board of Internal Medicine. The cases about which Dr. 

Sweitzer may be asked to testify at trial will be highly dependent on the testimony provided by the 

government’s witnesses.

Dr. Sweitzer has published (65) sixty-five peer-reviewed publications in the primary literature, 

exclusive of abstracts; forty-one (41) works in ‘non-traditional’ outlets; seven (7) works accepted or in 

process; three (3) books; thirty (30) book chapters; ten (10) other publicly available works; and fiftyfive (55) abstracts.

In the past four (4) years, Dr. Sweitzer has testified as an expert in one medical malpractice

case (Hauser v. Northwest Anesthesia Physicians, P.C. and John Gregg Melton, M.D., Lane County, 

OR, 18CV36267). Her curriculum vitae has been attached to this filing as Exhibit A. The defense 

expects to demonstrate, by virtue of her education, training, and practice, that Dr. Sweitzer has 

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specialized knowledge, skills, experience, training, and education in the fields of anesthesiology and 

internal medicine. Fed. R. Evid. 702(a). Further, the defense expects to show that her specialized 

knowledge and skill will help the trier of fact understand the evidence—here, the evidence relating to 

anesthesiology and to the physiological and pathological responses of a patient to anesthetic and 

vasoactive medications and the interaction between stable medical conditions and anesthesia and 

surgery.

Respectfully submitted,

JASON D. HAWKINS

FEDERAL PUBLIC DEFENDER

/s/ Marti Morgan

MARTI MORGAN

First Asst. Federal Public Defender

Texas Bar No. 24109042

525 S. Griffin Street, Suite 629

Dallas, Texas 75202

(214) 767-2462

(214) 767-2886

Marti_morgan@fd.org

/s/ BobbieJean Sweitzer

BobbieJean Sweitzer, Anesthesiologist

CERTIFICATE OF SERVICE

I, Marti Morgan, hereby certify that on February 26, 2024, I electronically filed the foregoing 

document using the ECF system of the United States District Court, Northern District of Texas. 

Pursuant to L. CRIM. R. 49.2(f), delivery of the automatically generated ECF notice constitutes service 

under FED. R. CRIM. P. 49(b) on the attorney(s) of record.

 

/s/ Marti Morgan 

MARTI MORGAN

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