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Case 1:20-cr-00330-PAE Document516 Filed 11/21/21 Page12of17 (“Further research is needed into the frequency of these pathways ....”). Indeed, the article suggests that false accusations are “somewhat rare,” accounting for two to ten percent of all rape accusations. /d. at 101. By contrast, Dr. Rocchio’s opinions are drawn both from empirical studies and from her forensic and clinical experience. She stated, for example, that the “majority” of her patients delayed disclosing their abuse. Nov. 10 Tr. at 87, 151. In its response brief, the Defense states that Dr. Dietz “has personally seen ten of the eleven pathways to false allegations identified by” the article. Def. Br. at 12. But that assertion is “merely the statement of counsel . . . unaccompanied by any citation.” Ychatat, 315 F.R.D. at 446. Dr. Dietz’s lengthy summary of his expected pathways testimony makes no reference to his own experience. And even if he did reference his experience, Dr. Dietz would need to explain how that experience provides a basis for concluding that these pathways are more than rare explanations for false accusations. See 523 IP LLC v. CureMD.Com, 48 F. Supp. 3d 600, 643 (S.D.N.Y. 2014). Because the Defense has provided no such evidence of experience, it has failed to carry its burden of proof under Rule 702. Daubert, 509 U.S. at 592 n.10. Second, most, if not all, of Dr. Dietz’s opinion on false accusations falls within “the ken of the average person,” and so is not proper expert testimony. United States v. Felder, 993 F.3d 57, 72 (2d Cir. 2021). The Court finds that jurors do not require expert testimony that, for example, lying, intoxication, or severe personality disorders that cause hallucinations can lead to false accusations. E.g., Doe v. Hartford Sch. Dist., No. 2:16-CV-00206, 2018 WL 1064572, at *5 (D. Vt. Feb. 26, 2018) (excluding expert testimony that “people involved in child abuse cases have a motive to lie”). Dr. Rocchio’s testimony at the Daubert hearing demonstrates the point. When cross- examined by Defense counsel, Dr. Rocchio agreed that “many reasons,” including “outright 12 DOJ-OGR-00008184