Respondent traveled with her three minor children, J.H., A.H., and S.H., from Mexico to the United States in 2022. Petitioner sought the return of his minor children to Mexico under the Hague Convention. Respondent called Dr. Minal Giri to testify as an expert witness on July 16 and Dr. Paul Gillingham to testify as an expert witness on August 5. Petitioner reserved his objections during the hearing and now moves to exclude the opinions and testimony of Giri and Gillingham.
Pediatrics Expert Witness
Minal Giri is a licensed pediatrician with a medical degree from the University of Chicago. She has been a practicing pediatrician for over twenty years, since she completed her residency at Lutheran General Hospital in 2002. As part of her training, she studied mental health and mental trauma experienced by children. And as part of her current practice, she sees and treats children suffering from mental health conditions such as anxiety and depression on a regular basis. She completed a Global Mental Health Certificate at Harvard University in 2020 that focused on refugee trauma and recovery.
History Expert Witness
Paul Gillingham is a Professor in the History and Spanish & Portuguese Departments of Northwestern University and holds a Ph.D in the history of modern Mexico.
Discussion by the Court
Minal Giri
In her report and testimony, Giri diagnosed J.H. with post-traumatic stress disorder (“PTSD”) and generalized anxiety disorder, A.H. with PTSD and generalized anxiety disorder, and S.H. with separation anxiety disorder. She opined that if the three children were to return to Mexico, this would compound their existing trauma and exacerbate their disorders.
Qualifications
First, Petitioner argued that Giri is not qualified to provide psychological diagnoses because she is neither a psychiatrist nor a psychologist. But Giri has specific experience diagnosing and treating mental health and mental trauma for immigrant and refugee children. She has written expert reports for approximately 35 prior cases, each of which involved the mental evaluation of children or adults seeking asylum and immigration relief. The Court held that Giri is qualified to provide psychological diagnoses for the three children.
Methodology
Petitioner challenged Giri’s methodology. Primarily, Petitioner argued that Giri’s methodology was flawed because she did not ask questions during the interviews about possible causes of the children’s symptoms, beyond their father’s alleged mistreatment. Moreover, Petitioner contended that Giri’s reliance on the Istanbul Protocol implies a false assumption by Giri that the children had been traumatized.
The Court held that Giri’s methodology was sound. She interviewed J.H., A.H., and S.H. consistent with her training as a pediatrician and reached conclusions based on those interviews.
Petitioner also argued that Giri’s methodology was flawed because the DSM-5 contains eight requirements for a PTSD diagnosis and Giri’s reports for J.H. and A.H. enumerated just five of these requirements. The Court held that Petitioner’s cross-examination was the appropriate remedy to attack the missing information rather than exclusion of Giri’s entire report.
Petitioner argued that Giri’s methodology was flawed because Giri was not present when J.H. and A.H. filled out the GAD-7 and PHQ-9 questionnaires (screening tests for mental health conditions) and thus had no way to verify their answers. Giri testified that her diagnoses were based on the interviews, not the questionnaires, and that the questionnaires merely confirmed the diagnoses she had already reached based on the interviews. The Court affirmed the admissibility of the diagnoses.
Paul Gillingham
In his report and during his testimony, Gillingham offered an opinion on 1) the general level of violence in Respondent’s hometown of Zitácuaro; 2) whether, based on his understanding of Mexico and Zitácuaro, Respondent’s allegations of violence were credible; and 3) whether, based on his understanding of Mexico and Zitácuaro, Respondent would have been able to rely on the police or court system for recourse in her divorce case or for physical protection.
First, Petitioner argued that Gillingham’s report should be excluded because Gillingham failed to disclose all his sources. The Court held that this particular nondisclosure does not warrant exclusion of the entire report. Gillingham testified that he had relied on three data points in forming his opinion about violence in Zitácuaro: homicide rates, internally displaced persons, and disappearances. Gillingham’s report disclosed homicide rates but failed to disclose anything about internally displaced persons or disappearances. Overall, Gillingham’s eighteen-page report contains thorough citations with fifty-eight footnotes. Moreover, Petitioner’s counsel effectively and extensively cross-examined Gillingham on this issue. The Court found that Petitioner fully cured any prejudice stemming from the non-disclosure and thus that the non-disclosure was harmless.
Second, Petitioner argued that Gillingham’s report and testimony should be excluded as unreliable and irrelevant because Gillingham failed to rely on facts specific to this case. However, Gillingham’s mission was to take the allegations made by Respondent and to assess their general plausibility given what he knows, as an expert, about the political and criminal situation in Zitácuaro. The Court held that the nature of Gillingham’s testimony is unusual. It is less of an analysis and more a sharing of information about Zitácuaro. But there is nothing to suggest that the information provided by Gillingham is flawed. The Court found it at least minimally relevant and thus admissible.
Held
The Court denied the Petitioner’s motions to exclude the opinions and testimony of Minal Giri and Paul Gillingham.
Key Takeaway:
- All expert opinions come with assumptions and conclusions. Petitioner is free to disagree with Giri’s assumptions and conclusions, but that does not render Giri’s testimony inadmissible.
- There is nothing to suggest that the information provided by Gillingham is flawed. And his testimony is at least minimally relevant to provide the Court with context for Respondent’s hometown of Zitácuaro. Whether the Court will ultimately afford Gillingham’s testimony much weight in deciding this case is an open question. The testimony, however, is at least minimally relevant and thus admissible.
Case Details:
| Case Caption: | Delgado Moreno V. Hernandez Escamilla |
| Docket Number: | 1:23cv15736 |
| Court: | United States District Court for the Northern District of Illinois, Eastern Division |
| Order Date: | August 27, 2024 |
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