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United States of America v. Jeremiah Manghan

October 16, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JEREMIAH MANGHAN, ANDRE ALLEN, KEENAN BLACK, RANDALE CHAPMAN, LAMONT HUNTER, DERON NIXON. DEFENDANT.



The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

ORDER OF COURT RE: PARTIES' MOTIONS IN LIMINE (DOC. NOS. 1036, 1037, 1038, 1039, 1040, 1053, 1054, 1055, 1056, 1061, 1062)

Pursuant to this Court's Pre-Trial Order, the parties filed Motions in Limine by October 10, 2012, and filed replies by October 15, 2012. Doc. No. 965, ¶ 5. There are eleven (11) pending Motions in Limine before this Court which will be addressed by the party who filed the Motion. Doc. Nos. 1036-1040, 1053-1056, and 1061-1062).

AND NOW, this 16th day of October 2012, IT IS HEREBY ORDERED as follows:

A.Motions in Limine filed by the Government

1.Motion in Limine for Authorization to Recall Certain Law Enforcement Officers During Case-in-Chief (Doc. No. 1036)

In its Motion in Limine for Authorization to Recall Certain Law Enforcement Officers During Case-in-Chief, the Government, pursuant to Fed. R. Evid. 611(a), moves the Court to permit law enforcement officers to be recalled during the prosecution's case-in-chief "to allow for the chronological presentation of evidence." Doc. No. 1036, 1. The Court finds that it is preferable to present evidence to the jury in the most organized way possible, including presentation of evidence in a chronological manner, especially in this case which involves multiple Defendants, an extended period of time, and numerous intercepted cell phone communications and drug transactions. The Court encourages Counsel, if they have not already done so, to discuss the manner in which the witness will be recalled to limit any concerns raised in Defendant Hunter's Response to this Motion in Limine (Doc. No. 1066). Therefore, because of the nature of this case, the Government's Motion in Limine for Authorization to Recall Certain Law Enforcement Officers During Case-in-Chief (Doc. No. 1036) is GRANTED. Pittsburgh Police Detective Christian Sciulli will be permitted to be recalled during the Government's case-in-chief so that evidence may be presented chronologically.

2.Motion in Limine for Authorization for the Presence of Two Law Enforcement Officers at Counsel Table (Doc. No. 1037)

In its Motion in Limine for Authorization for the Presence of Two Law Enforcement Officers at Counsel Table, the Government moves this Court, pursuant to Fed. R. Evid. 615, to permit Detective Christian Sciulli and Agent Karen Springmeyer to sit at counsel table throughout the trial. Detective Sciulli has been authorized as the prosecution's representative pursuant to Fed. R. Evid. 615(2). The Government represents the Agent Springmeyer's presence is essential to its presentation of the evidence. Doc. No. 1037, 3. Defendants did not file a Response to this Motion in Limine. The Court finds that the presence of both Detective Sciulli and Agent Springmeyer at counsel table is appropriate pursuant to Fed. R. Evid. 615, and therefore, the Government's Motion in Limine for Authorization for the Presence of Two Law Enforcement Officers at Counsel Table (Doc. No. 1037) is GRANTED.

3.Motion in Limine for Authorization for the Jury to Utilize a Computer to Review Audio Recordings (Doc. No. 1038)*fn1

In its Motion in Limine for Authorization for the Jury to Utilize a Computer to Review Audio Recordings, the Government moves the Court to permit the jury to utilize a "non-networked, clean laptop computer to review the audio recordings of intercepted calls that are admitted as substantive evidence during the trial." Doc. No. 1038, 1. Defendants did not file a Response to this Motion in Limine. The Court finds that the jury should be permitted to review the cell phone communications, which are admitted into evidence, during its deliberations. As such, the jury will be permitted to review a CD/DVD of these communications on a laptop computer. Therefore, the Government's Motion in Limine for Authorization for the Jury to Utilize a Computer to Review Audio Recordings is GRANTED. The Government shall provide the Court with the laptop computer and the CD/DVD which will be used by the jury to review the cell phone communications on or before Thursday, October 25, 2012, at 2pm, for the Court's review.

4.Motion in Limine for Authorization for the Jury to Utilize the Transcripts of the Intercepted Communications During Its Deliberations (Doc. No. 1039)

In its Motion in Limine for Authorization for the Jury to Utilize the Transcripts of the Intercepted Communications During Its Deliberations, the Government moves the Court to permit transcripts of intercepted phone calls and text messages to be with the jury during its deliberations. Doc. No. 1039, 1. Defendants have not filed a Response to this Motion in Limine.

The transcripts of the text messages introduced at trial shall be permitted to be with the jury during deliberations because, like the audio recordings of cell phone calls, they are substantive evidence. The Court will instruct the jury that the transcripts of the audio cell phone calls, which will be permitted to be in the jury room during deliberations, are only listening aids and are not substantive evidence. See Doc. No. 1080, 2.07 (which will be read during both the preliminary and final jury instructions). The Court finds that it would be inconsistent to permit the jury to have transcripts of the cell phone communications during trial, but not during deliberations, when they may choose to re-listen to all of, or portions of, the audio ...


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