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168-1

168-1

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Published by Alexis Madrigal

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Published by: Alexis Madrigal on May 05, 2010
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12/29/2012

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Case 1:07-cr-10074-JPM-tmp Document 157 Filed 01/20/10 Page 1
of3
LAW
OFFICE
OF
J.
HOUSTON GORDON
SUITE
300UNDO
HOTEL
BUILDING
114
W.
LIBERTY
AVENUE
P.O.
BOX
846
J.
HOUSTON
GORDON'
AMBER
N.
GRIFFIN"
COVINGTON,
TENNESSEE
38019
PHONE (901)
476·7100
FAX
(901)
476-3537
January 20, 2010
Mr.
Stuart
J.
CanaleAssistant United States AttorneyU.S. Attorney's OfficeClifford Davis Federal Building167 North Main Street, Suite 800Memphis,
TN
38103-1827
DEFENDANT'S SUPPLEMENTAL RULE 16 DISCLOSURE
Re:
United States
v.
Lome Allan Semrau
U.S. District Court No.: 07-10074-JDTDear Stuart:To the extent deemed necessary at trial, the Defendant, Lorne Allan Semrau, mayor will call
Dr.
Steven
J.
Laken,
Ph.
D,
P.O. Box
45,
Tyngsboro, MA, 01879,
as
an expertto testify
in
this cause concerning issues involving scientific brain testing
of
Dr.
Semrau todetermine Defendant's truthfulness and lack
of
intent to defraud the government as. established by scientific certainty by means
of
fMRI examination
of
Defendant's brainconducted by
Dr.
Laken. .As the government is aware, Defendant has requested on mUltiple occasions theopportunity to establish his innocence by means
of
submitting to a government
run
polygraph examination. The government has declined to allow Defendant to be
t e ~ t e d
 
bythe government's own polygraph examiner even though Defendant earlier passed such
an
examination by an independent examiner hired by Defendant's counsel. The reason forthe objection to such a government run examination
is
unknown, except for the statement,
"I
don't trust polygraphs." Generally stated, the objections to polygraphs are that the testsmeasure emotions, not brain activity. The present state
of
neuroscience, however, hasdemonstrated that fMRI brain testing/screening can and does measure truthfulnesslfalsitywith more than 95% accuracy by assessing brain activity that cannot be manipulated bythe subject.
EXfIII!II'F.,
MEMPHIS
OFFICE: 2121 ONE
COMMERCE
SQUARE,
MEMPHIS, TENNESSEE
38103
PHONE(901)
526-6464
FAX
(901)
526-6467
•Also licensed
in
District of Columbia
"Also
licensed
in
Mississippi
.1
Case 1:07-cr-10074-JPM-tmp Document 168-1 Filed 02/19/10 Page 1 of 144
 
Case 1:07-cr-10074-JPM-tmp Document 157 Filed 01/20/10 Page 2 of 3
'"
Dr.
Laken is the President and CEO
of
Cephos Corporation. He graduated
in
1993with a Bachelor
of
Science
in
Genetics and Cell Biology from the University of Minnesota
and
graduated with a Ph.D. in Cellular and Molecular Medicine from The Johns HopkinsSchool
of
Medicine
in
1999. Dr. Laken was named a Technology Review 100 Finalist 100Young Innovators Under 35 by the Massachusetts Institute
of
Technology
in
2002
and
received the David Israel Macht Award on Young Investigators Day in May 1999 fromJohns Hopkins University.Attached hereto is Dr. Laken's curriculum vitae setting forth his professionalqualifications, his publications, articles, invited presentations, patents, and previoustestimony.
Dr.
Laken is expected to testify that fMRI examination
is
a reliable and soundscientific methodology used to determine whether and when a person is being truthful
in
response to questions posed.
He
will testify that the brain responds differently whena person
is
being truthful as opposed to when a person
is
being deceitful. The fMRItests records the brain's activity and
is
read by a computer, not a subjective analyst.There
is
no way for the subject to "game" the system. He will testify that this fMRItesting
is
peer-reviewed, that the results are repeatable, that it has a rate
of
error
of
significantly less than 10%, is objectively analyzed
by
a computer process as opposedto a subjective observer, and that this science
is
based
on
tested technology that isestablished methodology
in
his field. The fMRI
is
the cutting edge
of
scientificobservation and analysis
of
brain activity.
Dr.
Laken will further testify that fMRI technology works by scanning the brainwith the MRI scanner while the subject is
in
the process
of
responding to randomquestions selected by the computer. The scanner maps the blood flow
of
the brain
and
the areas
of
the brain triggered by the response of the subject. Dr. Laken
is
expectedto testify that truthfulness triggers the portions
of
the brain where memory
is
stored,while deceit triggers much more of a brain response, as one attempts to suppress thememory and create a false answer.
Dr.
Laken will further testify that
Dr.
Semrau was presented questions using
'fMRI
technology and was instructed to respond to questions
in
either/both a truthful ordeceitful manner, depending
on
the question posed to establish his base line brainactivity
on
the fMRI.
He
was then tested to determine whether he was telling the truthabout the facts, circumstances and his intent related to the charges in the SecondSuperseding Indictment. The fMRI screening demonstrated to a scientific certainty, thatDefendant was truthful and possessed no intent to defraud or cheat the government.This is
Dr.
Laken's opinion to a reasonable degree
of
scientific certainty based
on
histesting of
Dr.
Semrau by means
of
fMRI imaging.
Dr.
Laken will further testify that fMRI testing for truthfulness differs frompolygraph testing, as polygraph testing measures a person's emotional responses(heart rate, breathing, and physical responses) and is interpreted by an examiner, while2
Case 1:07-cr-10074-JPM-tmp Document 168-1 Filed 02/19/10 Page 2 of 144
 
Case 1:07-cr-10074-JPM-tmp Document 157 Filed 01/20/10 Page 3 of 3
·
.
fMRI testing scans the brain patterns that develop during both truthful and dishonestanswers, and
is
interpreted by a computer. Thus. the testing is objective
in
nature andnot subject to the subjective interpretations
of
the analyst.After administering fMRI testing. it
is
clear to a scientific certainty (greater than95%) that
Dr.
Semrau
is
being truthful and candid when
he
states that he did not intendto defraud the government or insurance carriers
in
the billing for AIMS tests under
99301
or psychiatric care under 99312 instead
of
90862 and when he states that hewas following instructions he had received as he understood them.
Dr.
Laken reserves the right to supplement, modify
or
add to his opinions
in
theevent additional evidence, facts, or testing
is
reqUired.Kindest regards.Sincerely,s/J.
HOlJston
Gordon
J.
Houston GordonJHG/km
3
Case 1:07-cr-10074-JPM-tmp Document 168-1 Filed 02/19/10 Page 3 of 144

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