I don't know what the rules of evidence say about this, but in my opinion the expert witness should not be able to form an opinion on secondary source material, only from what he is told by the attorneys on both sides while both are present.  Zohn's testimony is no more than half useful due to his memory of the day, and his physical and mental condition puts the rest into question.

This is the reason I asked earlier about whether this expert witness had read the depositions.

No kidding. here are my notes from this morning. I'll say they are 90% word for word accurate:

You are obviously forming conclusions that are contrary Mr thompsonss testimony, correct?
Agreed
What do you base that on?
Jerry Zohn’s deposition.
What did he say in his deposition that gives you a basis to disbelieve Steve as to what went on during the gun sale?
Based on things like strange dynamic
Do you have any clue at all what he meant by that?
He was very limiting in what he told the police.  I can’t speak to the mind of steven thompson.
Are you aware of the age difference between Zohn and Roebke?
I don’t know what that has to do with anything but no.
In your mind would a substantial age difference be a strange dynamic?
Could be.
Did you interview the police to find out anything about ADCOS reputation in the community?
No.
Did you have any information to support the belief that adco has ever been involved in a straw purchase?
I have no information
In this report you obviously conclude that Allison roebke handled the gun in adco, correct?
I did
You understand mr thompson says that is not true?
Yes
But yet you choose to believe mr zohn over mr thompson on that point, correct?
Yes
Why?
Based on the information in Zohn’s deposition.
And you have no information other than zohns deposition correct?
None that I'm aware of.
And you also choose to believe Allison handed money to Steve, even though Steve says that is not true?
That is correct.
Why?
Based on the testimony of jerry zohn.
In your report you talk about helper signals, what’s that?
She helped him select, pointed out, gave advice on what gun to buy.
Do you know if any of that took place?
No.
And you mention body language signals in your report, what are those?
Eye contact, eye rolling, motions, hand signals.
Do you know if any of that happened?
I have no idea.
You also mention gut feeling in your report, what’s that?
Gut feeling is something I train people on every day. Odd, not normal, red flag signals, causes of hesitation.
Do you know if any of that was involved in this sale?
I have no idea.
Do you know how many sales mr thompson has stopped whe he thought something was fishy?
No.
Do you have any idea how many times mr thompson reported suspicious sale attempt to the police?
No.
Do you know how long mr thompson has been selling gun?
I have no idea.
Do you have any idea how many gun sales he has a year?
No idea
You choose to disbelieve the sworn testimony of mr thompson, correct?
Yes.
Why do you choose to believe the testimony of mr. zohn over mr thompson?
Based on the review of zohns deposition.
Im asking why, because what zohn said and mr thompson said are diametrically opposed.
I believe mr thompson was in the earlier depositions and tailored his testimony.
How are you offering an expert opinion but all you are doing it choosing to believe one person over another?
I read at the testimony of Zohn that was provide to me.
Other than the fact that you choose to believe Zohn over Thompson what do you base it on?
The information provided to me in Zohns deposition.

Correct. Nothing about this guy meets the Daubert Standard in this case.  The judge should kick him to the curb.

$200 an hour

It will be hard to keep this guy. Not only does he suck, but this isn't even a case that an expert can bring anything to.  That's why I don't have any expert witnesses on my side.

I have all kinds of that stuff

Everything is appreciated, thanks!

He was a clerk that sold guns at a gun store in North Tonawanda, NY for a little over 1 year.  He never had an FFL himself.

He's a real piece of work alright. Truly a legend in his own mind.

yes.

I have nothing to say, confirm or deny about that guy until the judge removes him.

Holy shit. I spent last night reading up on Daubert and Frye standards. This "expert" doesn't even come close in any regard. He has no formal education beyond a high school diploma. He is far from an "expert" on anything. He provides no connection to any evidence, he's not clarifying anything that is considered confusing to a jury, there is no way to verify his methods on which he is basing his opinions.  Don't get me started on peer reviewed...

Why would they even put this moron out there?

He's the best they have, and he'll never make it in front of a Jury.  If he does somehow, it will still be a win for us.  I can't wait to read his deposition transcript.  I stopped taking notes before my personal attorney started asking questions because it was such a clown show.

Maybe you can pick out on his resume what makes him an expert qualified to call me a liar in this case?

• CEO, Radio, and Tv Talk Show Host – CTW Media Group / CTW Tv Network November 2020 – Present - Asheville, North Carolina
• Security Professional – Security Manager / HRC, Client Manager, Field Supervisor, RDO,  Patrol Supervisor. Trainer / Instructor - Allied Universal Security Services June 2019 – Present - Asheville, North Carolina
• CEO / Chief Instructor & Consultant / Self Employed – TAP3X Group of Companies /Tango3Global May 2012 – Present – Lewiston NY & Fletcher, North Carolina
• Operations Generalist, Forklift Driver, Truck / Delivery Driver – Single Source Industrial Solutions July 2015 – October 2016 – Fletcher, North Carolina
• TV & Radio Talk Show Host - "Put It On Target" Radio and TV Shows, Chase The Wolf Radio Show May 2014 – Present – Hendersonville / Fletcher, North Carolina
• Broker (Hunting & Fishing) - Put it on Target Sportsman Adventures October 2013 – 2014 – New York & Hendersonville, North Carolina
• Gun Sales, Range Safety Officer, Firearms Instructor – Niagara Gun Range October 2013 – June 2014 – North Tonawanda, New York
• Business Partner - Accurate Freedom 1 Semi-Automatic Hunting Rifle, LLC August 2013 – July 2014 - Virginia and North Carolina, USA
• Executive Vice President, Senior Editor and Radio Talk Show Host - The Shooting Channel March 2013 – May 2014 - Studio Offices North - New York, USA (Contract)
• Director of Operations - AFI International Group, Inc November 2010 – May 2012 - Milton Ontario Canada (Contract)
• Project Coordinator / Manager/ Security Consultant – IMAC 2010 - 2012 – USA (Contract)
• Owner & Director of Training - Jade Dragon Martial Arts Academy 1975 - 2012 - USA / Canada (Martial Artist since 1965)
• Director of Operations, General Manager, EP, DHS Security Contractor – CSS USA and CSS Global Protection Group January 2007 – November 2009 – USA (Contract)
• Field Supervisor / Evidence Coordinator/ Executive Protection Specialist Special Response Corporation 2005 – 2007 – USA (Contract)
• Retired - Canada 2000 – 2005
• Sales Associate / Operations Manager / Customer Service Manager Circuit City Stores, Inc. – Fort Myers Fla. & Naples Fla. 1996 - 1999
• Sales Associate / Store Manager (2 Stores) Radio Shack (A Tandy Corporation) – Savannah Ga. / Calhoun Ga. 1993 – 1996
• Reserve Police Officer, Police Officer, Detective, Master Firearms Instructor & Range Master, SWAT, EMT, P.O.S.T. Police Academy Instructor, In-Service Instructor 1983 - 1992 – Leesville, La. PD, Chatham County, Ga. PD, Georgia P.O.S.T
• Combat Arms Soldier, Drill Sergeant (Reserves), Small Arms Instructor, Armorer, Sr. Weapons Technical Advisor (SETAF)
1977 – 1986 US Army & US Army Reserves - USA, Europe, Middle East

Good question.

After what I've been reading regarding "expert testimony" , I'm amazed the bad guys even offered him up as an expert and are willing to pay him $200 an hour.   I bet they shopped my lawsuit around and every "legit" expert with integrity told them to pound sand. This guy is all they could get.