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Case 1:20-cr-00330-PAE Document397 Filed 10/29/21 Page 14 of 84
some sort of empirical scientific testing,” and that “those arguments go to the weight, not the
admissibility, of her proposed testimony”).
As noted above, courts have frequently admitted testimony about the psychological
relationship between victims of sexual abuse and their perpetrators. See supra pp. 7-8. Courts
have also specifically authorized expert testimony on the subject of grooming. See, e.g., United
States v. Telles, 6 F.4th 1086, 1097-1098 (9th Cir. 2021) (holding that admission of expert
testimony on grooming did not violate Federal Rules of Evidence 702 or 403 nor violate due
coe
process and finding that the expert “‘merely gave a straightforward account of relevant background
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information based on [the expert’s] own knowledge and experience’” (quoting United States v.
Johnson, 860 F.3d 1133, 1141 (8th Cir. 2017)); United States v. Halamek, 5 F 4th 1081, 1087-89
(9th Cir. 2021) (holding that expert testimony on grooming was “relevant, reliable, and properly
admitted”); United States v. Isabella, 918 F.3d 816, 833 n.15 (10th Cir. 2019) (“Grooming can be
established by use of an expert witness who testifies about psychological tactics that are common
in cases of child sex abuse.”); United States v. Hitt, 473 F.3d 146, 158 (Sth Cir. 2006) (affirming
expert testimony on the “grooming process”); Morris v. State, 361 S.W.3d 649, 656-69 (Tx. Ct.
Crim. App. 2011) (collecting cases showing that “grooming evidence has been received by courts
from numerous types of experts”); see also United States v. Brand, 467 F.3d 179, 203 (2d Cir.
2006), abrogated on other grounds by United States v. Cabrera, 13 F.4th 140 (2d Cir. 2021)
(noting that evidence of grooming supported the jury’s verdict).
Against this weight of authority, the defendant relies principally on one case from the
District of Maine. United States v. Raymond, 700 F. Supp. 2d 142 (D. Me. 2010). The proposed
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Document Details
| Filename | DOJ-OGR-00005797.jpg |
| File Size | 692.4 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,997 characters |
| Indexed | 2026-02-03 17:03:20.588144 |