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Filed

D.C. Superior Court


11 Mar 01 P04:24
Clerk of Court

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Civil Division

Estate of ROBERT E. WONE, by


KATHERINE E. WONE,
as Personal Representative,

Plaintiff, Civil Action No. 008315-08

v. The Honorable Michael L. Rankin

JOSEPH R. PRICE, VICTOR J. Next Event: March 29, 2011


ZABORSKY, Opponent’s 26(b)(4) Statement
and DYLAN M. WARD,

Defendants.

PLAINTIFF’S RULE 26(B)(4) STATEMENT

Pursuant to the Court’s Revised Scheduling Order of October 4, 2010, and

Superior Court Rules of Civil Procedure 16(b)(3) and 26(b)(4), Plaintiff Estate of Robert E.

Wone, through counsel, states that it may call the persons identified below to testify as opinion

witnesses at trial in this case. Concurrently with this filing, Plaintiff will disclose these experts’

CVs—to the extent they are available—to Defendants’ counsel.

1. Dr. Lance B. Becker, M.D.


Director, Center for Resuscitation Science
Hospital of the University of Pennsylvania

A. Qualifications

Dr. Becker is the Director of the Center for Resuscitation Science at the

University of Pennsylvania, and a professor in the University of Pennsylvania’s Department of

Emergency Medicine. He has held those positions since 2006. Prior to that, Dr. Becker was an

attending emergency medicine physician at Michael Reese Hospital in Chicago, Illinois and at
the University of Chicago Hospitals. Concurrently with his position as an attending physician at

the University of Chicago Hospitals, from 1989 to 2006, he was an assistant, then associate, then

full professor of emergency medicine at that university. He is board certified in both emergency

and internal medicine, and he is additionally certified in the subspecialty of critical care

medicine. Dr. Becker has spoken and lectured at dozens of conferences, and has authored or

coauthored more than 90 peer-reviewed articles, the vast majority of which concerned

resuscitation, cardiac arrest, or both. In addition, he holds or has filed for eleven device or

methods patents related to his research. His undergraduate degree is from the University of

Michigan, and his medical degree is from the University of Illinois. He completed a residency in

internal medicine at Michael Reese Hospital in Chicago.

B. Subject Matter of Testimony

It is anticipated that Dr. Becker will testify about general emergency medicine

and resuscitation procedures, particularly as they relate to sharp force trauma, pericardial

tamponade, and pulseless electrical activity (“PEA”). It is further anticipated that Dr. Becker

will testify that Robert Wone died as a result of injuries caused by stab wounds to his torso, one

of which caused acute pericardial tamponade. Dr. Becker is expected to testify that prompt

treatment of victims of sharp force trauma is imperative, and that any delay in treatment

diminishes the chance that the victim will survive, particularly if the trauma results in acute

pericardial tamponade. Dr. Becker is further expected to testify that pericardial tamponade,

though an emergent condition, is a treatable injury if timely attended to by medical personnel.

Finally, it is anticipated that Dr. Becker will testify that the stabbing experienced

by Robert Wone would not have been instantly fatal, nor would it have rendered him

immediately incapacitated or instantly unconscious.

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It is expected that Dr. Becker will base his opinions on his experience and

training, and on his review of materials provided by the Plaintiff. To the extent appropriate and

necessary, it is expected that Dr. Becker will rebut testimony offered by Defendants’ expert

witnesses and will offer such additional opinions as are supported by facts and materials made

available to him.

2. Thomas C. Borzilleri, Ph.D.


Bethesda, MD

A. Qualifications

Dr. Borzilleri is an economist with over twenty-five years of experience in

computation of damages, valuation of business and professional practices, and analyses of

earnings losses from personal injury and wrongful death, among other areas. His undergraduate

and graduate degrees are from the University of Maryland.

B. Subject Matter of Testimony

It is anticipated that Dr. Borzilleri will testify about the losses in future earnings

and savings suffered by Mr. Wone and Mr. Wone’s estate as a result of Mr. Wone’s untimely

death. Dr. Borzilleri’s testimony is expected to include, without limitation, opinions pertaining

to the effects of inflation on the wealth that Mr. Wone would have accumulated over his lifetime,

and the calculation of the present value of Mr. Wone’s future earnings and accumulation of

wealth. It is anticipated that Dr. Borzilleri will base his testimony on his experience and training,

his review of materials provided to him by the Plaintiff, and fact or other expert testimony

pertaining to the employment prospects that would have been available to Mr. Wone but for his

murder. To the extent appropriate and necessary, it is also expected that Dr. Borzilleri will rebut

testimony offered by Defendants’ expert witnesses and will offer such additional opinions as are

supported by facts and materials made available to him.

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3. David R. Fowler, MB, ChB., M.Med. Path (forens)
Chief Medical Examiner
Office of the Chief Medical Examiner
Baltimore, MD

A. Qualifications

Dr. Fowler is the Chief Medical Examiner of the State of Maryland. He has held

that position since May 2002. For eight years prior to becoming Maryland’s Chief Medical

Examiner, Dr. Fowler served in various other positions in the Maryland Office of the Chief

Medical Examiner, including Assistant Medical Examiner, Deputy Chief Medical Examiner, and

Acting Chief Medical Examiner. Prior to that, he completed a residency in anatomic pathology

at the University of Maryland, and a residency in forensic pathology at the University of Cape

Town, South Africa. He is board certified in forensic pathology in both South Africa and the

United States. In his career as a forensic pathologist both in South Africa and the United States,

Dr. Fowler has performed close to 6,000 autopsies, over 1,000 of which were autopsies in which

the victim had suffered a sharp force trauma such as a stab wound.

B. Subject Matter of Testimony

Dr. Fowler is expected to testify that Mr. Wone died as a result of three stab

wounds in his torso, one of which caused acute pericardial tamponade, and that those three

wounds share near-uniform alignment, wound paths, and depth. Dr. Fowler is further expected

to testify that, in his experience of having performed autopsies on over 1,000 stabbing victims,

he has never seen a victim with multiple wounds of such precise uniformity as those suffered by

Mr. Wone. It is further anticipated that Dr. Fowler will testify that there is no indication of

defensive wounds on Mr. Wone’s body, nor is there any indication of blood on Mr. Wone’s

hands other than a small smear on one of his fingers. Dr. Fowler is expected to testify that the

lack of defensive wounds and the lack of blood on a stabbing victim’s hands is unusual because,

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in his experience, stabbing victims exhibit some indication of having reflexively acted both to

defend themselves against attack and to grab at the injured parts of their bodies.

Dr. Fowler is expected to testify that in the absence of paralysis or restraint, such

reflexive movement would have occurred almost immediately, even if a victim was asleep when

stabbed. Dr. Fowler is also expected to testify that the three stab wounds suffered by Mr. Wone

would not have been instantly fatal, nor would they have immediately incapacitated Mr. Wone or

rendered him immediately unconscious. To the extent appropriate and necessary, it is also

expected that Dr. Fowler will rebut testimony offered by Defendants’ expert witnesses and will

offer such additional opinions as are supported by facts and materials made available to him.

4. Al Ortenzo, A.A.S., B.S., M.S.


Assistant Chief of Police (Ret.), Fort Lauderdale Police Department

A. Qualifications

Mr. Ortenzo is the former Assistant Chief of Police of Fort Lauderdale, Florida.

He spent his entire 30-year career in that police department; among other responsibilities, he

spent eleven years as the department’s Chief of Investigations. As a police officer, he

investigated thousands of violent and property crimes, including murders, robberies, home

invasions, and burglaries. Mr. Ortenzo received specialized and advanced training in dozens of

policing and public safety subjects, and is highly decorated, having received numerous

Department Commendations and Public Commendations for his service.

B. Subject Matter of Testimony

It is anticipated that Mr. Ortenzo will testify about general police investigation

and crime scene procedures, as well as the collection and handling of evidence and the

investigation of violent and property crimes. Mr. Ortenzo is expected to testify that, in his

opinion, the crime scene at 1509 Swann Street NW indicates that Mr. Wone’s murderer(s) either

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lived there and thus had unfettered access to the home or were able to enter without breaking.

Mr. Ortenzo is also expected to testify that the crime scene and other circumstances surrounding

Mr. Wone’s death are inconsistent with the possibility that Mr. Wone’s murderer(s) entered or

gained access to the Swann Street house with the intention of committing a property crime such

as burglary.

Mr. Ortenzo is also expected to testify as to the procedures and protocols

undertaken during the Metropolitan Police Department’s investigation of Robert Wone’s murder.

It is anticipated that Mr. Ortenzo will base his testimony on his experience and training, and his

review of materials provided to him by the Plaintiff. To the extent appropriate and necessary, it

is expected that Mr. Ortenzo will rebut testimony offered by Defendants’ expert witnesses and

will offer such additional opinions as are supported by facts and materials made available to him.

5. Martha Ann Sisson, Esq.


Garrison & Sisson, Inc.
Washington, D.C.

A. Qualifications

Ms. Sisson is a legal recruiter and co-founder of Garrison & Sisson, Inc., an

attorney search firm headquartered in Washington, D.C. In that capacity, she regularly consults

with law firms, corporations, trade associations, other organizations, and individual lawyers

regarding the hiring and retention of experienced attorneys. Among other things, she helps law

firm and corporate clients to find and recruit attorneys at all levels. She has almost 25 years of

experience in the Washington, DC legal market as a legal recruiter. Her law degree is from the

University of Virginia, and her undergraduate degree is from the University of Richmond.

B. Subject Matter of Testimony

It is anticipated that Ms. Sisson will testify about Robert Wone’s career

experience, qualifications, career prospects that would have been available to him had he not

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been murdered, and earning potential. It is further anticipated that Ms. Sisson will base her

testimony on her experience, and her review of materials provided by the Plaintiff. To the extent

appropriate and necessary, it is also expected that Ms. Sisson will rebut testimony offered by

Defendants’ expert witnesses and will offer such additional opinions as are supported by facts

and materials made available to her.

Respectfully submitted,

/s/ Benjamin Razi_________________


Benjamin J. Razi (brazi@cov.com)
D.C. Bar No. 475946
Stephen W. Rodger (srodger@cov.com)
D.C. Bar No. 485518
Charles Kitcher (ckitcher@cov.com)
D.C. Bar No. 986226
Brett C. Reynolds (breynolds@cov.com)
D.C. Bar No. 996100
Jason A. Levine (jlevine@cov.com)
D.C. Bar No. 996121
COVINGTON & BURLING LLP
1201 Pennsylvania Ave., NW
Washington, D.C. 20004
(202) 662-6000

Patrick M. Regan (pregan@reganfirm.com)


D.C. Bar No. 336107
REGAN ZAMBRI & LONG, PLLC
1919 M Street, NW, Ste 350
Washington, D.C. 20036
(202) 463-3030

Dated: March 1, 2011 Counsel for Plaintiff

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CERTIFICATE OF SERVICE

I hereby certify that on March 1, 2011, I caused copies of Plaintiff’s Rule 26(b)(4)

statement to be served via CaseFileXpress on the counsel listed below.

David Schertler Frank F. Daily


Robert Spagnoletti Sean P. Edwards
Schertler & Onorato LLP Larissa N. Byers
601 Pennsylvania Ave., NW The Law Office of Frank F. Daily, P.A.
Washington, D.C. 20004 11350 McCormick Road
dschertler@schertlerlaw.com Executive Plaza III, Suite 704
rspagnoletti@schertlerlaw.com Hunt Valley, MD 21031
info@frankdailylaw.com
Ralph C. Spooner
530 Center Street, NE Counsel for Defendant Victor Zaborsky
Suite 722
Salem, OR 97301-3740 Craig D. Roswell
rspooner@smapc.com Brett A. Buckwalter
Heather B. Nelson
Counsel for Defendant Dylan Ward Niles, Barton, & Wilmer LLP
111 S. Calvert Street, Suite 1400
Baltimore, MD 21202
cdroswell@nilesbarton.com
hbnelson@nilesbarton.com
babuckwalter@nilesbarton.com

Counsel for Defendant Joseph Price

/s/ Brett Reynolds______


Brett C. Reynolds

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