United States District Court, M.D. Pennsylvania
Malachy E. Mannion, United States District Judge.
the court is the unopposed July 5, 2019 motion in
limine filed by the government to introduce evidence of
defendant Jesse Carey's prior convictions for impeachment
purposes if he testifies at trial. (Doc. 71). For the reasons
set forth below, the court will GRANT IN
PART the government's motion.
of relevant background, on May 14, 2019, Carey was charged in
a superseding indictment with two counts of possession with
intent to distribute controlled substances, namely, cocaine
and fentanyl, (Count 1), and cocaine and heroin (Count 2),
both in violation of 21 U.S.C. §841(a)(1). (Doc. 61).
17, 2019, Carey was arraigned and pled not guilty to both of
the charges against him. (Doc. 67).
5, 2019, the government filed its motion in limine.
(Doc. 71). The government's 17-page motion incorporates
its support brief.
August 28, 2019, the defendant's motion for new counsel
was granted and the court appointed attorney Leo Latella of
the Federal Public Defender's Office as counsel for
defendant. (Doc. 80).
September 27, 2019, Carey's counsel filed two pre-trial
motions, namely, a motion to suppress physical evidence and
statements, (Doc. 86), and a motion to dismiss the
Superseding Indictment based on alleged pre-indictment delay,
(Doc. 87). However, Carey's counsel did not file briefs
in support of either motion as his client instructed him to
withdraw the motions.
November 4, 2019, after conducting a full pro se
representation colloquy, the court granted Carey's
request to proceed pro se. (Docs. 94 & 96). The
court also directed that Latella would remain as
“stand-by counsel” for Carey. Further, the court
allowed Carey to withdraw the present pending motions filed
on his behalf, (Docs. 86 & 87), or to supplement the
motions as he sees fit, and directed that his filings must be
submitted by Friday, November 8, 2019.
November 15, 2019, Carey filed, pro se, three
motions, namely, a motion to set aside default judgment,
(Doc. 100), a motion for return of property, (Doc. 101), and
a motion for an extension of time to file pre-trial motions,
(Doc. 102). Carey also filed a brief in support of a motion
to dismiss the superseding indictment. (Doc. 103).
November 26, 2019, Carey filed a motion to suppress evidence.
to date, Carey has not filed his brief in opposition to the
government's motion in limine and the time
within which it was due has expired.
final pre-trial conference in this case was continued to
December 19, 2019, and the trial until January 6, 2020.
government's motion in limine is filed pursuant
to Fed.R.Evid. 609. Federal Rule of Evidence 609 pertains to
the use of prior convictions for impeachment purposes and
following rules apply to attacking a witness's character
for truthfulness by evidence of a criminal conviction:
(1) for a crime that, in the convicting jurisdiction, was
punishable by death or by imprisonment for more than one
year, the evidence:
(B) must be admitted in a criminal case in which the witness
is a defendant, if the probative value of the evidence
outweighs its prejudicial effect to that defendant[.]
motion in limine, the government seeks permission to
introduce evidence of four of Carey's prior felony
criminal convictions to impeach him if he testifies at trial.
Despite the fact that Carey has not opposed the
government's motion, the court must still consider the
relevant Bedford facts. A pre-plea PSR was prepared
in this case, at the request of the defendant, which
indicates that Carey has the following relevant four previous
adult criminal convictions:
1) Manufacture or Distribution of a Controlled Substance
(cocaine) and Unlawful Possession of a Weapon (handgun);
Arrested 10/5/2007 in Essex County, New Jersey; Pled
guilty1/30/09; Sentenced 3/13/2009 to 132 days time-served,
and 5 years of probation.
2) Theft; Arrested 6/20/2011 in Essex County, New Jersey;
Sentenced 10/2/2012 to 4 years' imprisonment, parole
ineligible for 1 ...