Opinion
17603-13 17614-13
09-16-2022
VINCENT J. FUMO, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
ALBERT G. LAUBER, JUDGE
These consolidated cases are calendared for trial at a three-week special session in Philadelphia, Pennsylvania, beginning October 3, 2022. On September 13, 2022, respondent filed a Motion in Limine requesting a ruling that the transcript of testimony delivered by witness David Nelson during petitioner's criminal trial, United States v. Vincent J. Fumo, et al., Crim. No. 06-00319, are admissible into evidence notwithstanding petitioner's hearsay objections. Respondent represents that Mr. Nelson, who testified for petitioner at the criminal trial, now suffers from a disabling medical condition. Respondent appended as Exhibit A to his Motion a copy of a letter from Dr. Sara Manning Peskin of the Hospital of the University of Pennsylvania describing Mr. Nelson's condition. Respondent contends that Mr. Nelson is "unavailable" as a witness pursuant to Federal Rule of Evidence 804(a)(4) and that the transcript of his testimony is therefore admissible under Federal Rule of Evidence 804(b)(1). Upon due consideration, it is
ORDERED that petitioner shall file with the Court, on or before September 29, 2022, a response to respondent's Motion in Limine, filed September 13, 2022. If petitioner disputes that Mr. Nelson is unavailable as a witness under Federal Rule of Evidence 804(a)(4), petitioner shall specify what he believes respondent would need to supply, in addition to Exhibit A attached to the Motion, to establish Mr. Nelson's unavailability. It is further
ORDERED that, to protect the confidentiality of Mr. Nelson's medical situation, respondent's Motion in Limine, filed September 13, 2022, is hereby sealed from public view and not made part of the Court's public record in this case. It is further
ORDERED that respondent shall file, by September 23, 2022, a redacted version of his Motion in Limine that redacts, from the text of the Motion and from the attached Exhibit A, all details concerning Mr. Nelson's medical condition.