EDMUND G. BROWN JR. Attorney General of the State of California 2 CHRISTOPHER E. KRUEGER Senior Assistant Attorney General 3 STEPHEN P. ACQUISTO Supervising Deputy Attorney General 4 MARK R. BECKINGTON, State Bar No. 6009 Deputy Attorney General 5 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 6 Telephone: (213) 897-96 Fax: (213) 897-71 7 E-mail: Mark.Beckington@doj.ca.gov Attorneys for Defendants 8 9 SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO 13 EDWARD W. HUNT, in his official capacity as District Attorney of Fresno County, and in his 14 personal capacity as a citizen and taxpayer, et al., 15 Plaintiffs, 16 v. Case No. 01CECG03182 DEFENDANTS' EXPERT WITNESS INFORMATION AND EXPERT WITNESS DECLARA TION [Cal. Civ. Proc., 34.260] 17 STATE OF CALIFORNIA, et al., 18 Defendants. 21 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 22 Pursuant to Code of Civil Procydure section 34.260, Defendants State of California, et. 23 ai., hereby designate the persons whose oral or deposition testimony in the fonn of an expert 24 opinion Defendants expect to offer in evidence at the trial in this action. 25 The name and address of each person whose expeli opinion is expected to be offered in 26 evidence at trial are: 27 1. Ignatius Chinn, Special Agent Supervisor, Bureau of Firearms, California Department of 28 Justice, clo Mark R. Beckington, Deputy Attorney General, California Depmiment of Justice, 1 \ J
1 300 S. Spring St., Los Angeles, CA 90013. 2 2. Cris Abad, Special Agent Supervisor, Bureau offireans, Califomia Department of 3 Justice, c/o Mark R. Beckington, Deputy Attomey General, California Department of Justice, 4 300 S. Spring St., Los Angeles, CA 90013. 5 Defendants reserve the right to call any experts designated by Plaintiffs as may be necessary 6 at the time of trial. Defendants fmiher reserve the right to call any additional expeli witness as 7 may be required to rebut or refute testimony or any other evidence given on behalf of any other 8 paiiy or to testify conceming evidence developed or discovered between this date and the date of 9 tria1. Dated: January 17, 08 13 14 15 16 17 18 Respectfully submitted, EDMUND G. BROWN JR. Attomey General of the Stat~ of Califomia CHRISTOPHER E. KRUEGER Senior Assistant Attomey General ST;;HEN P. ACQUIS;rO f! ;D::lpu/tz~r:- drk R. BECKINGTON Deputy Attomey General Attomeys for Defendants Ii 21 22 23 24 25 26 27 28 2
1 DECLARATION OF MARK R. BECKINGTON 2 I, Mark R. Beckington, declare as follows: 3 1. I am an attomey duly licensed to practice before all courts of the State of Califomia and 4 am a Deputy Attorney General with the Office of the Attorney General, Califomia Department of 5 Justice, counsel ofrecord for the Defendants herein. I make this declaration as required by Code 6 of Civil Procedure section 34.260. 7 2. In the Expeli Witness Designation, Defendants list Ignatius Chinn and Cris Abad as 8 expeli witnesses whose testimony Defendants intend to offer at trial, either orally or by 9 deposition testimony. 3. I am infonned and believe that Mr. ChilU1 and Mr. Abad are Special Agent Supervisors employed by the Depmiment of Justice, Bureau offireanns, and have expertise and knowledge conceming the identification of assault weapons under the California Assault Weapons Control 13 Act, Penal Code section 275, et. seq. 14 4. The testimony of Mr. Chinn and Mr. Abad is expected to include testimony conceming 15 the Assault Weapons Control Act, flash suppressors, and "pennanently altered" feeding devices. 16 5. Mr. Chinn and Mr. Abad have agreed to testify at trial in this action. 17 6. I am infonned and believe that Mr. ChilU1 and Mr. Abad will be sufficiently familiar with 18 the pending action to submit to a meaningful oral deposition of the testimony that will be offered at trial, including any opinion and its basis. \ \ \ \ 21 \ \ \ \ 22 \ \ \ \ 23 \\\\ 24 \ \ \ \ 25 \ \ \ \ 26 \ \ \ \ 27 \\\\ 28 \ \ \ \,., J
7. As employees of the State of Califomia, Mr. Chinn and Mr. Abad do not presently charge 2.an hourly or daily fee for providing deposition testimony and for consulting with the Defendants' 3 attomeys. This representation does not apply to any payments.or reimbursement required by 4 statute for depositions or testimony by state employees and peace officers. 5 I declare under penalty of peljury under the laws of the State of Califomia that the foregoing 6 is true and correct. 7 8 9 f/lw&/ /1 j, 1 Executed on January 17,08, at Los Angeles,./<lalifomi/1 /1 // ;1 /1. r f 7! / fa VL Jil/'0 A MARK R. BECKINGTON V 13 S0214978.wpd SA01CV1744 14 15 16 17 18 21 22 23 24 25 26 27 28 4
DECLARATION OF SERVICE BY U.S. MAIL Case Name: Hunt, et al. v. State of California, et al. No.: 01CECG03182 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On Janumy 17, 08, I served the attached DEFENDANTS' EXPERT WITNESS INFORMATION AND EXPERT WITNESS DECLARATION by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office ofthe Attorney General at 300 South Spring Street, Suite 1702, Los Angeles, CA 90013, addressed as follows: DonB. Kates Opposing Counsel BENENSON & KATES 22608 NOlih East 269 th Avenue Battleground, W A 98604 Telephone: (360) 666-2688 Facsimile: C.D. Michel Esq. Trutanich Michel, LLP TUYET T. TRAN BRUCE E. BARTRAM 180 E. Ocean Boulevard, Suite 0 Long Beach, CA 90802 Telephone: (562) 216-4444 Facsimile: (562) 216-4445 Stephen P. Halbrook Law Offices of Stephen P. Halbrook 560 Main Street, Suite 404 Fairfax, VA 230 Telephone: (703) 352-7276 Facsimile: (703) 359-0938 I declare under penalty of peljuly under the laws of the State of California the foregoing is true and correct and that this declaration was executed on January 17,08, at Los Angeles, California. Betty Rodriguez Declarant I Signature ~ 502 I 5429.wpd