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United States v. Con-UI

United States District Court, M.D. Pennsylvania

March 1, 2017

UNITED STATES OF AMERICA
v.
JESSIE CON-UI, Defendant.

          ORDER

          A. RICHARD CAPUTO UNITED STATES DISTRICT JUDGE.

         NOW, this 1st day of March, 2017, IT IS HEREBY ORDERED that:

         (1) Mr. 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 Informational Outline.
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.

         (2) Mr. Con-ui's Motion in Limine to Limit Victim-Impact Evidence to Members of the Victim's Family (Doc. 922, at 73) is DENIED.

         (3) Mr. 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.

         (4) Mr. 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.

         (5) Mr. Con-ui's Motion in Limine to Bar Duplicative Use of Certain of the Aggravating Factors and ...


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