Opinion
CRIMINAL NO. 05-876 (JLL).
September 19, 2008
ORDER
Presently before the Court is the Government United States of America's ("Government") (1) renewed objection to voir dire questions 4, 23, 24, and 25 and (2) pre-trial motions as well as Defendant John J. Hamilton Jr.'s ("Defendant" or "Hamilton") (a) cross-motion in limine, (b) third motion in limine, and (c) motion to dismiss the indictment based on prosecutorial misconduct. The Court heard argument on these motions on September 17, 2008.
At oral argument, the Court also entertained applications from the Government (i) for a one-week adjournment of the trial, (ii) for information from counsel for Defendant regarding the use of Vincent Baker's ("Baker") prior convictions, and (iii) regarding the use of certain evidence under Federal Rule of Evidence 404(b). The Court further considered an application from Defendant to unseal certain records and compel the production ofBrady and Jencks Act material. Having reviewed and considered the written submissions of the parties and heard oral argument,
IT IS on this 19th day of September, 2008,
ORDERED that the Government's renewed objection to voir dire questions 4, 23, 24 and 25 [CM/ECF docket no. 79] is hereby DENIED; and it is further ORDERED that the Government's motion to preclude defense counsel from making representations during opening and closing statements that he does not intend to and/or fails to present at trial [CM/ECF docket nos. 89 and 90] is GRANTED IN PART to the extent that counsel for Defendant may only present evidence that is admissible in nature during his opening statement and DENIED IN PART without prejudice to the extent that said motion seeks to curtail closing summaries; said motion may be renewed at an appropriate time in accordance with the evidence presented, if necessary; and it is further
ORDERED that the Government's motion to preclude references to the prior trial [CM/ECF docket nos. 89 and 90] is hereby GRANTED; and it is further
ORDERED that the Government's motion to compel Defendant to disclose a list of possible witnesses no later than the voir dire [CM/ECF docket nos. 89 and 90] is hereby GRANTED; and it is further
ORDERED that decision on the Government's motion to preclude Defendant from referring to Defendant's offer to take a polygraph [CM/ECF docket nos. 89 and 90] is hereby RESERVED; and it is further
ORDERED that Defendant's cross-motion in limine to preclude the prosecution from reading transcripts of the first trial during opening statements [CM/ECF docket no. 94] is hereby GRANTED; and it is further
ORDERED that decision on the Defendant's third motion in limine to preclude Government witness Robert Steffer from offering lay opinion testimony as against Federal Rule of Evidence 701 [CM/ECF docket no. 98] is hereby RESERVED; and it is further ORDERED that Defendant's motion to dismiss the indictment based on alleged prosecutorial misconduct [CM/ECF docket no. 99] is hereby DENIED; and it is further
ORDERED that decision on the Government's application for a one week adjournment of the trial is hereby RESERVED; and it is further
ORDERED that the Government's application for disclosure of defense counsel's use of the prior convictions of Vincent Baker is hereby GRANTED inasmuch as defense counsel must disclose which convictions he intends to use prior to his direct examination of Baker; and it is further
ORDERED that the Government must submit a brief of no more than five (5) pages, single-spaced with respect to any evidence they seek to introduce under Federal Rule of Evidence 404(b) with any opposition thereto not to exceed two (2) pages, single-spaced; and it is further
ORDERED that Defendant's application to unseal the record and produce Brady and the Jencks Act materials is hereby DENIED.