Filed: Jul. 11, 2017
Latest Update: Jul. 11, 2017
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Government's Motion in Limine to Preclude Defendants from Introducing Evidence Related to the Prosecution of Steven Burch and Herbert Battle (Doc. 273) filed on July 3, 2017. In particular, the Government seeks to exclude a recording involving Steven Burch and Herbert Battle. (Doc. 273). No Defendant has responded, and the time to do so has expired. (Doc. 238 at 2). This matter is rip
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Government's Motion in Limine to Preclude Defendants from Introducing Evidence Related to the Prosecution of Steven Burch and Herbert Battle (Doc. 273) filed on July 3, 2017. In particular, the Government seeks to exclude a recording involving Steven Burch and Herbert Battle. (Doc. 273). No Defendant has responded, and the time to do so has expired. (Doc. 238 at 2). This matter is ripe..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Government's Motion in Limine to Preclude Defendants from Introducing Evidence Related to the Prosecution of Steven Burch and Herbert Battle (Doc. 273) filed on July 3, 2017. In particular, the Government seeks to exclude a recording involving Steven Burch and Herbert Battle. (Doc. 273). No Defendant has responded, and the time to do so has expired. (Doc. 238 at ¶ 2). This matter is ripe for review.
As way of background, Defendants Brown Laster, Jr., Jerry Browdy, and Wesley Petiphar were indicted for conspiring to possess with intent to distribute and to distribute methamphetamine. (Doc. 3). This matter went to trial in June 2017. Before that trial, the Government filed a similar motion seeking identical relief. (Doc. 175). The Court heard argument from counsel at the final pretrial conference and reserved ruling. Before opening statements, the Court informed the parties that it would listen to the evidence presented at trial to determine whether the recording was admissible, and the parties should not reference the recording. The issue presented itself at trial, and the Court did not allow reference to the recording. Ultimately, the Court denied the issue as moot after Defendants failed to raise the issue before they rested. (Doc. 214). The case ended in a mistrial after the jury could not reach a verdict.
Now, the Government again seeks to exclude the recording involving Steven Burch and Herbert Battle as inadmissible evidence. It argues that the recording is hearsay that does not fall within the coconspirator exception because it is evidence of a separate conspiracy. (Doc. 238). At this time, the Court agrees. Based on the record, counsels' previous arguments, and the evidence presented at the first trial, the Court finds the recording to be inadmissible hearsay. See Fed. R. Evid. 801. However, like the first trial, this ruling does not foreclose Defendants from raising the issue at sidebar during trial should it appear based upon the evidence that it is admissible.
Accordingly, it is now
ORDERED:
Government's Motion in Limine to Preclude Defendants from Introducing Evidence related to the Prosecution of Steven Burch and Herbert Battle (Doc. 273) is GRANTED.
DONE AND ORDERED.
