Opinion
Gregory L. Myers, LAW OFFICES OF GREGORY L. MYERS, Fresno, California, Attorney for Defendants, CITY OF MADERA, OFFICER JOSH CHAVEZ.
BENJAMIN B. WAGNER, United States Attorney, BENJAMIN E. HALL, Assistant U.S. Attorney, Attorney for Defendant United States of America.
LAZARO SALAZAR, Attorney for Plaintiff.
STIPULATION AND ORDER RE: DEFENDANTS' PERCIPIENT WITNESSES
MICHAEL J. SENG, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties as follows:
It is agreed that statements of Victorino Mendez Garcia, Maria Garcia, and Maria Lopez were recorded on the day of the incident in question.
It agreed that the witnesses were questioned by Madera Police Sergeant Gino Chiaramonte. The questions that were posed and the responses that were given by the above persons were translated from English to Spanish and Spanish to English by Madera Police Officer Pal. The statements were recorded.
The recorded statements were reviewed and translated by Anna Watrous, who is a Certified Interpreter/Translator certified to interpret/translate in the U.S. District Courts and certified by the CA Judicial Council, ID No. 01432580.
Transcriptions prepared by Ms. Watrous have been reviewed by the parties, who agree that the transcripts accurately reflect the statements that were recorded on the night of the incident and meet the evidentiary prerequisites of Federal Rules of Evidence, Rule 901 (a) and (b)(1).
The parties also agree that the transcriptions which are marked as Exhibits D-F, D-G, and D-H meet the prerequisites of Rule 901, but that additional foundation will be required to show the statements or portions thereof are relevant as defined by Federal Rules of Evidence, Rule 401 before the statements or portions thereof are admissible as evidence at trial.
IT IS SO STIPULATED.
ORDER
Based upon the Stipulation of the parties and good cause having been found, IT IS HEREBY ORDERED that the transcribed statements of Victorino Mendez Garcia (Exhibit D-F), Maria Lopez (Exhibit D-G), and Maria Garcia (Exhibit D-H), meet the requirements of Federal Rules of Evidence, Rule 901. The parties will have to show additional foundation to establish the relevance of any such statement or portion thereof before admissibility will be considered by the Court.
IT IS SO ORDERED.