Free Order on Motion to Strike - District Court of Colorado - Colorado

Case 1:04-cr-00403-LTB

Document 861

Filed 07/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Lewis T. Babcock, Chief Judge Criminal Case No. 04-CR-00403-LTB UNITED STATES OF AMERICA, Plaintiff, v. 2. 4. 8. 9. 11. 12. 13. SERGIO ZAPATA-HERNANDEZ, a/k/a " Tito" a/k/a " , Titillo" a/k/a " , Lucas" , ARNOLDO ZAPATA, a/k/a " Lolo" , JAIME ZAPATA, a/k/a " Rudy" a/k/a " , Jimmy" a/k/a " , Chasco" , EFRAIN VENZOR, ARTEMISA ZAPATA-MONTOYA, HUMBERTO GALVAN, a/k/a " Beto" , LILIAN GALVAN, a/k/a " Petunia" a/k/a " , Yiya" ,

Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Defendants Sergio Zapata-Hernandez, Arnoldo Zapata, Jaime Zapata, Artemisa ZapataMontoya, Humberto Galvan, and Lilian Galvan have moved (docket nos. 773, 774, 775, 777, 779, 820) for an order striking the Government' notice of intent to call expert witnesses to s establish the meaning of code words. The Government intends at trial to introduce the testimony of cooperating witnesses, who may educate the fact finder concerning the meanings of words used during intercepted communications. Until those witnesses have testified, I cannot determine whether the proffered expert interpretations of the code language will assist the trier of fact under Fed. R. Evid. 702. Nor can I yet ascertain whether those interpretations will be cumulative and prejudicial under Fed. R. Evid. 403. On the other hand, law enforcement officers are permitted under Rule 702, based upon extensive experience, to testify concerning the general practices of drug organizations, including the use of code words. As long as the principles and methods are reliable and applied reliably to the facts of the case, the Government' proffered experts may testify that participants in drug s transactions generally use code words and may offer general observations on the use of code words based upon their experience. For those reasons, and for the other reasons stated on the record during the July 5, 2006 hearing, the motions are DENIED. The defendants may invite the Court to revisit the issue at an

Case 1:04-cr-00403-LTB

Document 861

Filed 07/05/2006

Page 2 of 2

appropriate time during the trial. Dated: July 5, 2006, in Denver, Colorado. BY THE COURT:

s/Lewis T. Babcock Lewis T. Babcock, Chief Judge

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