Posted on Sun, Mar. 18, 2007

Judge decides to let expert for city to testify in Hazleton immigration act trial
By STEVE MOCARSKY smocarsky@timesleader.com

SCRANTON – U.S. District Judge James Munley on Friday decided to allow a former federal immigration agent to testify as an expert witness for the city of Hazleton in the Illegal Immigration Relief Act trial.

City attorneys filed a motion on Thursday to call Michael Cutler, a former agent with the U.S. Department of Immigration and Naturalization Services, as a “fact witness” to testify about the federal government’s immigration databases.

Attorneys for the plaintiffs argued in a brief that Cutler was not a fact witness, but rather an expert witness, and that it would be inappropriate for the defense to offer an expert in the midst of the trial. They also noted that the defense never supplied an expert report for Cutler as required for expert witnesses.

In his order, Munley wrote that he agreed with the plaintiffs that Cutler is an expert witness. However, he disagreed that Cutler’s testimony should be precluded.

http://www.timesleader.com/mld/timesleader/16931006.htm