IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
October 28, 2007
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge
Presently before the Court for disposition is the MOTION IN LIMINE REGARDING RESIDUAL DOUBT filed by the government (Document No. 527), the RESPONSE IN OPPOSITION filed on behalf of the Defendant (Document No. 561), and the OBJECTIONS TO PRELIMINARY JURY INSTRUCTION - PENALTY PHASE OF TRIAL filed on behalf of the Defendant (Document No. 672-2). By Memorandum Order of September 5, 2007, the Court deferred ruling on this Motion until the conclusion of the merits phase of this trial. On October 23, 2007, the jury rendered, inter alia, a verdict of guilty on Count Six of the Superseding Indictment. Accordingly, the motion in limine regarding residual doubt is ripe for disposition.
The Defendant, through counsel, argues in his Objections to Preliminary Jury Instructions "that the evidence adduced at trial warrants the submission of residual doubt in this case."*fn1 The Court, after reviewing its notes from trial and reflecting upon the evidence that was adduced at trial, finds Defendant's argument to be completely without merit as there is no evidence in the record, or certainly not adequate evidence in the record, to support a residual doubt mitigating factor argument.
The Court will grant the government's Motion in Limine and adopt all reasoning in the government's motion to support preclusion of any argument or instruction on "residual doubt" as a mitigating factor during the Penalty / Sentencing Phase of this case.
So ORDERED this 28th day of October, 2007.