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by the government and, even apart from that, Mr. Vega is not qualified to testify about the injuries that he observed; and B, that this type of testimony serves no purpose but to elicit or garner sympathy from the jury and will be unduly prejudicial to Mr. Berry. So, that's the basis of my objection to Mr. Vega, should he be asked those types of questions. THE COURT: Understood. Mr. Hobson? MR. HOBSON: Your Honor, there are two large topics that Mr. Vega is anticipated to testify about. I think it is consistent with what Mr. DeMarco says is, one, he was a percipient witness to the shooting itself; and two, he observed the victim's injuries after the shooting and was involved in the victim's care in the 10 years between the shooting and the victim's death. I take it it is the second category that the defendant is objecting to. But here, cause of death is obviously a big issue in this case and it is something that it is our burden to prove, that the injuries from the shooting lead to his death. And we expect the evidence to show that, as a result of the shooting, the victim became paralyzed from the waist down and that meant that he was confined to a wheelchair -- whereas he was not in a wheelchair before -- and developed serious complications as a result of that including serious sores which later led to infection and the victim's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011125