Opinion
02: 05cr385-2.
February 20, 2007
MEMORANDUM ORDER
Before the Court for disposition is the MOTION TO SUPPRESS STATEMENT OF FEBRUARY 14, 2004 filed by Defendant, Claron Hanner (Document No. 268) and the government's Response thereto (Document No. 296).
The government responds that it "does not intend to introduce in its case in chief, during the guilt phase or any potential penalty phase, the statement Hanner gave to Detectives McClure and Heberle on February 14, 2004." (emphasis in original). If Hanner testifies, the government may attempt to utilize said statement for impeachment purposes and a ruling may be sought from the Court at that time.
NOW THEREFORE, based on the government's representation, Defendant Hanner's Motion is DENIED WITHOUT PREJUDICE.
So ORDERED.