Opinion
CRIMINAL NO. 2:09cr43 KS-MTP-002.
May 14, 2010
ORDER
This cause is before the Court on Defendant Telandra Gail Jones' Motion In Limine to Exclude Out-of-Court Statements Elicited From Unavailable Witnesses [118], Response thereto by the United States [133], and the Court considering same finds that the Motion should be sustained for the following reasons:
The objection of Defendant Jones is that she believes investigators' statements from witnesses will be offered to the jury in the Government's case in chief to establish the guilt of one or more of the Defendants. If the statements only are offered then the Defendant would not have an opportunity to cross-examine and confront the witnesses against her. The Sixth Amendment of the Constitution, as well as a long line of cases establish a Defendant's right to confront his or her accuser. See Crawford v. Washington, 541 U.S. 36 (2004). This Court will enforce the Defendant's Constitutional rights, including the confrontation clause and applicable case law pertaining thereto. Any statements that are offered must meet requirements of F.R.E. 801, 802, 803 and 804.
SO ORDERED.