Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00417-LTB

Document 79

Filed 01/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel Date: January 25, 2006

_____________________________________________________________________ Criminal Action No. 04-cr-00417-LTB UNITED STATES OF AMERICA, Plaintiff, v. CLEMMETH D. NEVELS, Defendant. ____________________________________________________________________ COURTROOM MINUTES _______________________________________________________________________ HEARING - PENDING MOTIONS 09:06 a.m. Court in Session Dana Casper Counsel: Joshua Stein

Defendant present and in custody Court's comments Discussion re necessity defense Court's further comments re motion to preclude 404(b) evidence ORDERED: (Doc No. 65) The Defendant's Response to Government's 404(b) Notice (motion for order to prohibit Government from introducing evidence) is DENIED WITHOUT PREJUDICE, SUBJECT TO THE EVIDENCE AT TRIAL, IN THE CONTEXT OF TRIAL. The Government is instructed to hold this evidence probably until the latter part of trial and perhaps even on rebuttal, so that if the 1

Case 1:04-cr-00417-LTB

Document 79

Filed 01/25/2006

Page 2 of 3

Government intends at any point in the trial of its case-in-chief or on rebuttal to proffer this evidence the Government will notify the Court in advance so that further argument can be held on this question concerning its relevance and concerning the balance under Rule 403 in the context of the trial and outside the presence of the jury. Mr. Stein's comments - the most logical time to introduce that evidence would be after the testimony of Rose Burton and the probative value is going to be dependent upon the degree and the manner in which she is impeached by the defense. ORDERED: The Government shall prepare a suggested form of limiting Instruction on this issue. The Court addresses the Defense second motion in limine to exclude evidence that Mr. McLamb died as a result of defendant's actions and regarding the pending homicide case in State Court (Doc No. 66). ORDERED: The defendant's second motion in limine to exclude evidence that Mr. McLamb died as a result of defendant's actions and regarding the pending homicide case in State Court (Doc No. 66) IS DENIED WITHOUT PREJUDICE, to be revisited in the context of the trial, again with forewarning so that the analysis can be made in the context of the trial evidence outside the presence of the jury. ORDERED: The Government will need to submit a limiting instruction on this issue, as well. Discussion re Rule 702 issue ORDERED: Defendant's first motion in limine to exclude Lieutenant J.W. Priest as an Expert in the Fields of crime scene reconstruction, trajectory analysis and bloodstain pattern analysis (Doc No. 64). RULING ON THE ADMISSIBILITY OF THE EXPERT'S OPINIONS IS RESERVED UNTIL THE OPINIONS ARE OFFERED AT TRIAL. The request for an evidentiary pretrial hearing (Doc No. 64) is DENIED. ORDERED: The report of Lieutenant J.W. Priest shall be submitted at the trial preparation conference. Ms. Casper's comments - the defense filed a motion regarding an expert witness and she does not think that it has been ruled on.

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Case 1:04-cr-00417-LTB

Document 79

Filed 01/25/2006

Page 3 of 3

Court's comments The Court believes that the motion was granted. Ms. Casper's further comments The defense requests moving the trial preparation conference date back a week. ORDERED: The Trial Preparation Conference set February 10, 2006 is VACATED and RESET to Thursday, February 23, 2006 at 3:00 p.m. 10:00 a.m. Court in Recess Hearing concluded Time: 54 minutes

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