IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART,

2. JOHN PHILLIP GALLEGOS,

3. ALOIS CRAIG WEINGART,

Defendants.

GOVERNMENT’S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT

GOVERNMENT’S PROFFER RELATING TO THE METHODOLOGY USED BY

WITNESS DANA CHAMBERLIN AND MEMORANDUM OF LAW (DOC. 161)

The United States of America, by and through United States Attorney John F. Walsh

and Assistant United States Attorneys Linda Kaufman and Martha Paluch, hereby seeks

leave of the Court to supplement Government’s Proffer Relating to the Methodology Used

by Witness Dana Chamberlin and Memorandum of Law (Doc. 161), and as grounds

therefor, states as follows:

1. Defendants Waunita Weingart and John Gallegos, in the Parties’ Second

Amended Joint Motion Under Fed. R. Evid. 702, stated that their objections to Ms.

Chamberlin’s Opinions #C1-#C2073 were “1, 5 or 3, 4, 5, depending on which methodology

actually was employed by Ms. Chamberlin as to the itemized opinion in question.” (Doc.

160 at 123).

2. Therefore, to assist the defendants in determining with greater particularity

which objection(s) they wish to assert to which specific opinions, the government prepared

Case No. 1:11-cr-00355-MSK Document 169 filed 11/14/12 USDC Colorado pg 1 of 4
a chart which restates Opinions #C1-#C2073 and categorizes each of them consistent with

the categories set forth in its Proffer, Doc. 161 at 19-21. Undersigned counsel provided this

chart to defense counsel on November 8, 2012. . 

3. Counsel for Defendants Waunita Weingart and John Gallegos have informed

the undersigned that they are not inclined to file a joint supplement which would clarify

which objections they wish to raise to Opinions #C1-#C2073, but have stated that they

have no objection to the government’s filing of its supplement with the Court. The

supplement consists of the chart and a brief description of the categories. 

4. Counsel for Defendant Alois Craig Weingart has declined to enter objections

to the admission of Ms. Chamberlin’s expert testimony pursuant to Fed. R. Evid. 702 and

this Court’s Procedures for Rule 702 Motion, but reserves his right to raise objections to it

pursuant to other Rules of Evidence.

WHEREFORE, the Government respectfully requests leave of the Court to file its

Supplement to the Government’s Proffer Relating to the Methodology Used by Witness

Dana Chamberlin and Memorandum of Law. 

Respectfully submitted this 14th day of November, 2012.

JOHN F. WALSH

United States Attorney

By: s/ Linda Kaufman 

Linda Kaufman

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Facsimile: (303) 454-0404

E-mail: Linda.Kaufman@usdoj.gov

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Case No. 1:11-cr-00355-MSK Document 169 filed 11/14/12 USDC Colorado pg 2 of 4
By: s/ Martha Paluch 

Martha Paluch

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Facsimile: (303) 454-0404

E-mail: Martha.Paluch@usdoj.gov

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Case No. 1:11-cr-00355-MSK Document 169 filed 11/14/12 USDC Colorado pg 3 of 4
CERTIFICATE OF SERVICE

I certify that on this 14th day of November, 2012, I electronically filed the foregoing 

GOVERNMENT’S UNOPPOSED MOTION FOR LEAVE TO SUPPLEMENT

GOVERNMENT’S PROFFER RELATING TO THE METHODOLOGY USED BY WITNESS

DANA CHAMBERLIN AND MEMORANDUM OF LAW (DOC. 161) with the Clerk of the

Court using the CM/ECF system which will send notification of such filing to the following

e-mail addresses

Martin Adam Stuart

E-mail: martinstuartlaw@solucian.com

William Lewis Taylor

E-mail: wltaylorpc@gmail.com

Darlene Ann Bagley 

E-mail: bagley@ridleylaw.com

Paula M. Ray

E-mail: paulamray@earthlnk.net

 s/Maggie E. Grenvik 

 Maggie E. Grenvik

Legal Assistant

U.S. Attorney's Office

1225 17th St., Suite 700

Denver, CO 80202

Telephone: (303) 454-0100

Fax: (303) 454-0401

e-mail: maggie.grenvik@usdoj.gov

 

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