United States v. Fitzgerald

OPINION

Sgt. Robert Fitzgerald (U.S.Army, Ret.) has been charged in a federal indictment with abusive sexual contact with minors. The district court excluded certain evidence proffered by the government, specifically, expert testimony about the patterns of typical child molesters and lay testimony about Fitzgerald’s prior conduct. We affirm the decision to exclude the expert testimony; we vacate the decision to exclude the lay testimony about the defendant’s prior conduct, and we remand for further consideration of the admissibility of the lay testimony.

I

Fitzgerald was an instructor for Junior…