Second Amended Notice of Intent to Call Witnesses and Introduce ...

1 Jameson C. Walker (# 12-17838)Special Deputy Yellowstone County Attorney2 Special Assistant Montana Attorney GeneralRoom 701, County Courthouse3 P.O. Box 35025Billings, Montana 591074 Telephone (406) 256-2870Attorney for State56789MONTANA THIRTEENTH JUDICIAL DISTRICT COURT, YELLOWSTONE COUNTYlOST ATE OF MONTANA,Plaintiff,11vs.12LIONEL SCOTT ELLISON,13 Defendant.CAUSE NO. DC 11-0767JUDGE RUSSELL C. FAGGSECOND AMENDED NOTICE OFINTENT TO CALL WITNESSES ANDINTRODUCE EVIDENCE14151617181920212223+425Comes now, the State of Montana, by and through Special Deputy County AttorneyJameson C. Walker, for the State of Montana, and respectfully notices this Court of the State'sintent to potentially call witnesses and introduce evidence in the above-captionedLay Witnesses:1. Bancroft, ShaneYellowstone County Sheriff s Office219 North 26 thP.O. Box 35017Billings, MT 59107(406) 256-2939case.Detective Bancroft investigated this case including but not limited to inspecting theDefendant's house in March 2011, pursuant to a search warrant. Detective Bancroftis anticipated to testify regarding his investigation and what he observed at theresidence.SECOND AMENDED NOTICE OF INTENT TO CALL WITNESSES AND INTRODUCE EVIDENCE

2. Harper, CindyPayne Financial Group Inc.2 2323 2 nd Ave. N.P.O. Box 306383 Billings, MT 59107-06384 Ms. Harper is an insurance producer at Payne Financial Group. She initially tookthe Defendant's claim that vandalism caused damage to his home. She was present5 when the Defendant called the insurance company repeated his claim. Ms. Harper isanticipated to testify regarding the Defendant's representations to the insurance6 company and to her.7 3. Norman, JenniferPayne Financial Group Inc.8 2323 2 nd Ave. N.P.O. Box 306389 Billings, MT 59107-063810 Ms. Norman is an insurance producer at Payne Financial Group and was theDefendant's insurance producer. Ms. Norman received and reviewed photographs11 that the Defendant submitted on behalf of his claim. Ms. Norman is anticipated totestify regarding what the Defendant told her, her handling of his claim, and to12 testify regarding the photographs submitted to her by the Defendant.13 4. Johnson, RyanTravelers Insurance Company14 RNCHO Cord Clm A260P.O. Box 1543915 Sacramento, CA 95851043916 Mr. Johnson was a claims representative for the insurance company. He surveyedthe damage to the Defendant's home on or about February 15,2011, with the17 Defendant. Mr. Johnson handled the Defendant's insurance claim. Mr. Johnson isanticipated to testify regarding what he observed at the house and what the18 Defendant told him in support of his insurance claim.19 5. Rex, Jim20Ron Maki InvestigationsP.O. Box 5019321Billings, MT 5910522 Mr. Rex is an investigator who works for insurance companies. Mr. Rexinterviewed the Defendant who again claimed that vandals caused the damage to his23 house and stole items. Specifically, the Defendant informed Mr. Rex that vandalsplugged the sinks with rags and turned the water on. Mr. Rex is anticipated to testify24regarding what the Defendant told him in support of the insurance claim.256. Any witness identified or called by the Defendant or the State through Discovery.SECOND AMENDED NOTICE OF INTENT TO CALL WITNESSES AND INTRODUCE EVIDENCE 2

1237. Any witness called by the Defendant8. Any rebuttal witness as necessary.4 Expert Witnesses:5 9. Robert Tehle.Master Plumber6 Alpine Plumbing, Heating, & Cooling306 Moore Lane,7 Billings, MT 591018 Mr. Tehle will testify as an expert concerning the water damage to the houselocated at 2475 S 17 Rd, in Ballantine, Montana. Mr. Tehle will testify that9 plugged sinks and fixtures did not cause damage to the house. Mr. Tehle willtestify as to the cause of the damage in the house, specifically, broken pipes.10Exhibits:111. Photographs Defendant submitted to the insurance company:12a. Broken Dishwasher (15:24)b. Downstairs Ceiling 2 (15:23)13c. Downstairs Ceiling (15 :20)d. Graffiti in Bathroom (15:38)14e. Ruined Carpet (15 :26)f. Stollen (sic) Refrigerator&Trim (sic) missing (15:24)15g. Wall Graffiti 2 (15:37)h. Wall Graffiti 3 (15:38)161. Wall Graffiti (15:37)J. 056 (15:27)17k. 057 (15:27)1. 067 (15 :30)182. Photographs taken pursuant to a search warrant on March 9, 2011.19a. IMG 1970b. IMG-197120c. IMG-1973d. IMG-197621e. IMG-1977f. IMG-197922g. IMG-1984h. IMG-1986231. IMG-1988J. IMG-198924k. IMG-19961. IMG-199725m. IMG-2001n. IMG-2003SECOND AMENDED NOTICE OF INTENT TO CALL WITNESSES AND INTRODUCE EVIDENCE 3

1234567891011121314153. Travelers Estimate damage report prepared by Ryan Johnson, completed April 1,2011. (Bates 267 - 288)4. Travelers Claim Summary (Bates 294).5. Photographs taken by Ryan Johnson on February 15,2012.a. HGN3333001 12b. HGN3333001-17c. HGN3333001-25d. HGN3333001-48e. HGN333300C 49f HGN3333001-50g. HGN3333001-57h. HGN3333001-601. HGN3333001-72J. HGN333300C74k. HGN3333001-751. HGN3333001-76m. HGN3333001-77n. HGN3333001-80o. HGN3333001-826. Demonstrative exhibits may be used showing any exhibit identified by the State.7. Any exhibits listed by the Defendant.8. Any exhibit in conjunction with rebuttal witnesses.9. Any exhibits provided to the Defendant through Discovery.16171819The State has provided all exhibits through Discovery.exhibits at the pre-trial conference, if any, if necessary.Date this :1- day of April, 2013.The State may present additional202122eson C. Walkerpecial Deputy County AttorneyYellowstone County, Montana232425SECOND AMENDED NOTICE OF INTENT TO CALL WITNESSES AND INTRODUCE EVIDENCE 4

CERTIFICATEOF SERVICE23This is to certify that a true and accurate copy of the foregoing docuJP~t was hand delivered,picked up by courier, email, or sent by U.S. Mail,postagepaid,thisJI_ day of March, 2013, to thefollowing:4Elizabeth Honaker5 208 N. 29th St, Ste 206P.O. Box 22366 Billings, Montana 5910378910111213141516171819202122232425SECOND AMENDED NOTICE OF INTENT TO CALL WITNESSES AND INTRODUCE EVIDENCE 5