United States District Court, M.D. Pennsylvania
RICHARD CAPUTO UNITED STATES DISTRICT JUDGE.
this 1st day of March, 2017, IT IS HEREBY ORDERED that:
Con-ui's Motion in Limine to Exclude the
Presentation of the "Video-tape of the Murder, "
Photographs of Blood-stained Keys and Clothing, and
Post-mortem Photographs of the Victim's Body (Doc. 922,
at 36), and Mr. Con-ui's Motion in Limine to
“Limit the Evidence on the Statutory Aggravating Factor
That the Murder of Officer Williams was Especially Heinous,
Cruel and Depraved” (Doc. 922, at 52) are
GRANTED in part and DENIED
in part, in that:
A. The government will be PERMITTED to show
the video in its case-in-chief at the guilt phase only. The
jurors will not be allowed to view the video again during
their deliberations at either stage as the video will not be
taken to the jury room. The government will be permitted to
edit the existing videos, which represent different angles of
the incident, into one continuous, single-screen, video. The
government may not enhance the video in any way, zoom in, or
add any modifications except for arranging the sequence of
the videos capturing different angles into one linear video.
B. The government will be PERMITTED to show
five (5) stills from the video (“screen shots”)
only at the penalty phase, if any.
C. The government will be PERMITTED to show
five (5) autopsy photographs only at the penalty phase, if
any. The government may not show any photographs of the
victim's exposed skull with peeled off skin. The
government will be permitted to select the five (5)
photographs for the presentation at the penalty phase only
from the twenty-four (24) photographs listed in the
D. The government will be PERMITTED to show
one (1) photograph of the crime scene only at the penalty
phase, if any.
E. The government will be PERMITTED to show
a close-up photograph of the victim's face immediately
following the attack.
F. The government will be PERMITTED to show
photographs of Mr. Con-ui's bloody clothing in its
case-in-chief at the guilt phase only to the extent that the
photographs help link Mr. Con-ui to the crime charged because
they were found in Mr. Con-ui's cell after the incident
and have been positively tested for the victim's DNA.
G. The government will NOT be
PERMITTED to show photographs of the
victim's bloody clothing and the keys he was carrying.
Con-ui's Motion in Limine to Limit Victim-Impact
Evidence to Members of the Victim's Family (Doc. 922, at
73) is DENIED.
Con-ui's Motion in Limine to Exclude any
Evidence That Is Not Particularly Relevant to One or More of
the Statutory and Non-statutory Factors Alleged in the
Amended Notice of Intent to Seek the Death Penalty (Doc. 922,
at 42) is NOTED.
Con-ui's Motion in Limine to Limit Proof of the
Aggravating Factors Only to Those Facts Necessary to
Establish a Conviction (Doc. 922, at 43) is
DENIED. The government shall submit to the
Court, prior to the commencement of the penalty phase, if
any, a particularized proffer of all evidence the government
intends to present to establish the aggravating factors
related to convictions. The proffer shall be filed under seal
for an in camera review.
Con-ui's Motion in Limine to Bar Duplicative Use
of Certain of the Aggravating Factors and ...