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ELIZABETH A. STRANGE

Acting United States Attorney District of Arizona

WALLACE H. KLEINDIENST

MARY SUE FELDMEIER

Assistant U.S. Attorneys

United States Courthouse

405 W. Congress Street, Suite 4800

Tucson, Arizona 85701

Telephone: 520-620-7300

wallace.kleindienst@usdoj.gov

mary.sue.feldmeier@usdoj.gov Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff, 

 vs. 

Lonnie Ray Swartz,

 Defendant.

CR 15-01723-TUC-RCC (DTF)

NOTICE

RE GOVERNMENT’S MOTION

FOR LEAVE TO CALL REBUTTAL 

WITNESS RE DAUBERT HEARING

(Objection)

The United States of America, by and through its undersigned attorneys, hereby 

gives notice that its rebuttal witness, Special Agent in Charge Chad M. Steel, Department 

of Homeland Security Office of Inspector General, will be available to present rebuttal 

testimony on Friday, June 30, 2017, at 1:00 p.m., and in support states as follows:

1. As outlined in the government’s motion for leave to call a rebuttal forensic 

video examiner witness, doc. 192, the government seeks to call the witness to explain the 

accuracy of the compression algorithm used to process the videos in this case, and rebut 

the defendant’s expert’s claim that the data on the videos is false, falsified or erroneous.

2. Defense objects to the motion for leave, and this morning advised 

undersigned counsel that they are unavailable to have a continued hearing on this matter 

until the end of July 2017. The government is concerned that if the hearing is continued 

until the end of July, a motion to continue trial may follow. The government is ready to 

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try this case in October, and does not want anything to stand in the way of expeditious 

resolution of pending motions.

3. The government understands that this Court has set aside the entire day on 

June 30, 2017, to address matters in this case. Accordingly, upon receiving notice of the 

potential scheduling conflict for most of the month of July, undersigned counsel 

immediately contacted the expert witness, who is based in Washington D.C., and he booked 

a flight for the early morning of June 30, 2017 (tomorrow). He is scheduled to arrive at 

the Tucson International Airport by 10:00 a.m. June 30, 2017. In an abundance of caution 

due to possible flight or traffic delays, the government can have him at the courthouse by 

1:00 p.m. to testify.

4. SAC Steel is the rebuttal witness the government obtained after hearing the 

testimony of defense expert Grant Fredericks on June 22, 2017. In the midst of Mr. 

Fredericks’ testimony, after the lunch break, the government made a record of the lack of 

notice they received regarding Mr. Fredericks’ exhibits, and some of his opinions, and that 

the government reserved the right to call an expert in rebuttal. The government also 

reserved the right at the end of the hearing to call additional witnesses.

5. The government has provided defense with a copy of SAC Steel’s resume, 

and a letter disclosing what he relied on, and his opinions. Exhibit A, attached.

6. Defense counsel has been informed of this notice and leave to call the witness 

and they object.

Wherefore, the United States of America respectfully requests that this Court grant 

the government leave to call SAC Steel as a witness on June 30, 2017, at 1:00 p.m.

Respectfully submitted this 28th day of June, 2017.

ELIZABETH A. STRANGE

Acting United States Attorney District of Arizona

s/Mary Sue Feldmeier

MARY SUE FELDMEIER

Assistant U.S. Attorney

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Copy of the foregoing served electronically or by other means this 28th day of June, 2017, to:

Sean C. Chapman, Esq.

Jim Calle, Esq.

Amy Krauss, Esq.

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