Intent to Use Computer Generated Evidence

April 23, 2014

VIA FAX AND REGULAR MAIL
410-545-7312

The Honorable Althea M. Handy
Circuit Court for Baltimore City
111 North Calvert Street – Room 529E
Baltimore, Maryland 21202

Re: Thompson v. St. Agnes Healthcare, Inc.
Case No.: 24-C-12-008071 / Trial on May 12, 2014
Request for Evidentiary Hearing pursuant to Plaintiff’s Notice of Intent to Use Computer Generated Evidence

Dear Judge Handy:

This letter is to request a pre-trial evidentiary hearing under Maryland Rule 2-504.3(e). On October 15, 2013, Plaintiff filed a Notice of Intent to Use Computer-Generated Evidence by Rule 2-504.3. 

A copy of this notice was also provided to each Defendant. In the notice, Plaintiff stated his intent to use illustrative/animated computer evidence that falls within the categories of both subsections (a)(1) and (a)(2) of Rule 2-504.3. On December 13, 2016, Defendants St. Agnes Healthcare, Inc. and Caroline Stella, R.N. filed their objection to the use of this evidence at trial. Defendants Janet Jackson, M.D., Borow Shah, P.A., and Maryland Provo-I Maryland Services, P.C. also filed an objection on December 17, 2016.

As of this date, the court has not scheduled an evidentiary hearing as required by the rule. (I believe the clerk’s office simply failed to notify Your Honor of the Plaintiff’s Notice and the requirement to conduct a pre-trial evidentiary hearing.) 

The trial is scheduled to start on May 12, 2017. The Plaintiff intends to rely upon and refers to several pieces of computer-generated evidence at issue during his opening statement as well as many points during the trial. Resolving these issues before the trial date is crucial to the presentation of this evidence. Plaintiff’s counsel has contacted all defense counsel, and all are in agreement that a pre-trial evidentiary hearing is in order. Defense counsel is also aware that undersigned counsel is sending a letter to Your Honor in this regard.

Could this court kindly schedule a pre-trial evidentiary hearing as soon as possible and, under the rule, advise all parties of the witnesses the court believes are necessary for the resolution of this matter? Thank you for your time and assistance with this matter.

Respectfully yours,
Rodney M. Gaston

• This is the computer generated evidence we sought to admit at trial
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• More on Maryland malpractice cases
• The pre-trial statement in this case