James D. Whaley, Attorney at Law

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Name: James D. Whaley, Attorney at Law
Address: Whaley & Associates, 281 San Marin Drive
Novato, CA 94945
Tel. (415) 897-0035
Fax: (415) 899-9930
E-mail: WhaleyAssc@aol.com

{1} RELEVANT PRIOR AND PART-TIME EMPLOYMENT, WITH DATES:

Special Consultant, California Department of Corrections, Deadly Force Review Board. June, 1999 to present.
F.B.I. Supervisory Special Agent, Chief Division Counsel and Special Assistant U.S. Attorney, F.B.I., San Francisco. (1980 to 1999, retired)
F.B.I. Special Agent (1975 to 1980, promoted)
Los Angeles County - Deputy -(1967 to 1975)

{2} DEGREES:

Juris Doctorate, U.S.F.V. Law School (1974)
Graduate, F.B.I. Academy
Graduate, Los Angeles County Police Academy
Attendee/recipient of continual in-service law enforcement training throughout my employment with both the F.B.I. and Los Angeles County.
Provider of law enforcement training at various locations in California, the United States, the F.B.I. Academy, American Territories and Pacific Rim Nations.
Litigation involving law enforcement based civil and criminal actions.

{3} OTHER PROFESSIONAL ACTIVITIES:

Bar membership: California; U.S.D.C. of N.D. of California; and the U.S. Supreme Court.
Author of:
The Field Guide to Law Enforcement, an annual criminal law publication, Foundation Press, co-authored with Professor Lloyd Weinreb, Harvard Law School.
Interview and Interrogation, an F.B.I. publication used as a textbook for teaching the topic to federal, state and local law enforcement, co-authored with Special Agent Ronald Hilley (retired).
Speaker at training seminars including the subjects of : Criminal Law and procedure; Constitutional Law; Use of Force; Civil Liability concerning individual personnel, management and agency; and Interview and Interrogation.

{4} RETAINER INFORMATION:

Number of times retained by claimant's counsel: Six.
Number of times retained by defense counsel: Fourteen.

{5} ATTORNEY REFERENCES:

David Huskey, Esq., Deputy Placer County Counsel
174 Fulweiler Ave.
Auburn, CA 95603
(530) 889-4044

Mark White, Esq., Chapman, Popik & White, LLP.
650 California St., 19th Floor
San Francisco, CA 94108
(415) 352-3000

John Heller, Esq., Chapman, Popik & White, LLP
650 California St., 19th Floor
San Francisco, CA 94108
(415) 352-3000

Rocio Fierro, Esq., Deputy Oakland City Attorney
One Frank Ogawa Plaza, 6th Floor
Oakland, CA 94612
(510) 238-6511

{6} Publications that contain your paid advertisements (since 1996):

N/A

{7} USUAL AND CUSTOMARY FEE:

-Case Review and Preparaton: $150.00 per hour.
This hourly fee applies to all directed activities associated with case review, analysis, research, preparation and production. Included is review of case documents; materials or exhibits; witness interviews; meetings or teleconferencing; preparation of reports; and site surveys.

Testimony/Case Presentation: $1,500.00 - Full Day; $750.00 - Half Day.

     This daily fee applies to all depositions, hearings or court appearances, and is in addition to other fees such as Case Review and Preparation, necessary travel, lodging, meals, etc.

-Directed Travel: At Cost
     All directed travel related expenses involving Case Review and Preparation and Testimony/Case presentation, including transportation, lodging and meals, will be billed at actual cost. Automobile mileage will be billed at .35 cents per mile. Travel time and non-activity days away from Marin County will be billed at a reduced hourly rate of $50.00 per hour, with a maximum rate of $500.00 per day.

-Statement of Account: Retainers are generally not required.
     A billing statement will be submitted periodically, reflecting activities asociated with the account. Payment is due upon receipt of the billing statement.

{8} AREAS OF EXPERTISE AND EXPERIENCE:

Note - Letter codes used in front of the subject mean:

[ T ] Testified in court or at depositions on the subject;
[ R ] Retained as a consultant, but have not testified on the subject.
[ Q ] Qualified to testify or consult on the subject, but have not served as a paid consultant.

[Q] Administrative negligence (failure to direct, inadequate supervision).
[T] Agency policies, practices and customs.
[T] Deadly force; shooting avoidance and alternatives.
[T] Use of force.
[Q] Failure to protect specific persons (domestic violence, witnesses, etc.).
[Q] Injuries to / physical or sexual assaults on inmates or prisoners.
[Q] Insufficient or inadequate training.
[Q] Retention of a known unfit employee or negligent entrustment of a weapon.
[R] Search and Seizure.
[R] Execution of search warrants.
[Q] Sexual harassment.
[Q] Standards for discipline, internal affairs procedures, (in)adequate punishment.
[Q] Use/protection of confidential informants.

{9} Types of cases you will not accept:

My practice is to review, as a consultant only, any case within my areas of expertise and experience. Following an initial review of the case materials as a consultant, I provide the client with my candid and unbiased opinion concerning the areas I have been asked to consider. Assuming the client and I concur as to the issues that I have been asked to address and he or she desires to do so, I would then agree to being retained as an expert witness.

{10} Other information revelant in evaluating your services (publications, awards, achievements, special interests):

See Response #3.
Awards:
Louis Freeh, former Director of the F.B.I.
William Sessions, former Director of the F.B.I.
William Webster, former Director of the F.B.I.
Governments of: Guam, American Samoa and Palau.

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