IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 31, 2013
UNITED STATES OF AMERICA
The opinion of the court was delivered by: R. Barclay Surrick U.S. District Judge
AND NOW, this 31st day of January, 2013, upon consideration of the Government's Motion in Limine to Admit Statement of Tybius Flowers Made to the Philadelphia Police Department (ECF No. 796), and Defendant Kaboni Savage's Motion in Limine for Pretrial Evidentiary Hearing as to Admissibility of Evidence Pursuant to Fed. R. Evid. 804(b)(6) (ECF No. 812), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:
1. The Government's Motion in Limine is GRANTED.
2. The Government will be permitted to conditionally admit at trial the statement of Tybius Flowers made to the Philadelphia Police Department identifying Defendant as the killer of Kenneth Lassiter, subject to the Government offering sufficient proof by a preponderance of the evidence that Defendant wrongfully intended to, and did, procure Flowers's unavailability pursuant to Rule 804(b)(6).
3. Defendant's Motion in Limine is DENIED.
IT IS SO ORDERED.
BY THE COURT:
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