DOJ-OGR-00006588.pdf

--- Page 1 --- **Document Header:** * Case 1:20-cr-00330-PAE * Document 443 * Filed 11/12/21 * Page 2 of 24 **Table of Contents:** * TABLE OF CONTENTS + TABLE OF CONTENTS + TABLE OF AUTHORITIES + TABLE OF EXHIBITS + INTRODUCTION AND SUMMARY OF THE ARGUMENT + FACTUAL BACKGROUND + ARGUMENT + CONCLUSION **Argument:** * Rocchio's proposed testimony is inadmissible. + Opinion 1: Minor victims are often subject to a strategic pattern of behaviors, often called grooming, that can take a variety of forms and function to render the victims vulnerable to abuse, to obscure the nature of the abuse, and to build trust and attachment with their abuser. - Rocchio's grooming opinions are unreliable. - Rocchio's grooming-by-proxy opinions have no valid basis. - Rocchio's grooming opinions will not assist the trier of fact. - Rocchio's grooming opinions are substantially more prejudicial than probative. - Opinion 2: The relationship of trust and attachment between an alleged perpetrator and alleged victim prevents victims from being aware that what they are experiencing is abuse and can prevent disclosure. - Opinion 3: Repeated exploitation and abuse can increase the likelihood of victimization later in life and can result in long-term traumatic and psychological consequences, especially when it occurs in the context of complex trauma. - Opinion 4: The presence of other individuals can facilitate the sexual abuse of minors. - Opinion 5: Nondisclosure, incremental disclosure, and secrecy are common among victims of sexual abuse for a variety of reasons, and that memory and disclosure of traumatic or abusive events is impacted by a number of factors, including the circumstances surrounding the trauma **Footer:** * At a minimum, this Court should hold a Daubert hearing * DOJ-OGR-00006588