Free Motion in Limine - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams, Ste 201 Phoenix, Arizona 85007 3 Telephone: 602-382-2700 4 DAVID LEE TITTERINGTON State Bar # 006500 5 Asst. Federal Public Defender [email protected] 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 vs. William Domingo, Defendant. William Kevin Domingo, through undersigned counsel, respectfully asks United States of America, Plaintiff, No. CR-04-1100-PHX-DGC MOTION IN LIMINE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

16 this Court to limit testimony related to any statements made by Mr. Domingo to 17 eliminate any reference to the gun found in Mr. Domingo's residence. 18 Defense counsel understands that the government intends to introduce 19 evidence that Mr. Domingo made statements in response to questions directed to him 20 by Detective Romo Lewis of the Gila River Police Department. One of those 21 statements contains the following excerpt: "During the initial homicide investigation a Smith and 22 23 24 25 26 27 28 Wesson revolver handgun was found in Mr. Lewis' house. I asked Mr. Lewis if he owned the S&W revolver handgun. Mr. Lewis said he never owned a handgun but says he has a lot of friends come over and that they might have left the handgun there without his knowledge."

Case 2:04-cr-01100-DGC

Document 56

Filed 04/03/2006

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"Mr. Lewis said since the handgun must belong to one of his friends or, Russell or Lawrence. Mr. Lewis said a long time ago he owned a 22 rifle and a 12­gauge shotgun that he used for hunting but says he sold them because he needed the money." Mr. Domingo asks this Court to exclude this testimony. The phrasing

6 Interview of Domingo, April 29, 2004. 8 of the statement is based upon a revolver that was found in Mr. Domingo's residence. 9 That revolver has been suppressed because it was the product of an illegal search. If 10 that evidence had not been seized illegally, Detective Lewis could not have asked Mr. 11 Domingo for this information in this way. As a result, Mr. Domingo asks this Court 12 to exclude any testimony to the effect that Mr. Domingo did not own the revolver 13 found in his residence. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Case 2:04-cr-01100-DGC Document 56 Filed 04/03/2006 Page 2 of 3

Respectfully submitted: April 3, 2006. JON M. SANDS Federal Public Defender s/ David Lee Titterington DAVID LEE TITTERINGTON Assistant Federal Public Defender

1 Copy of the foregoing transmitted by ECF for filing this 3rd day 2 of April, 2006, to: 3 Clerk's Office United States District Court 4 Sandra Day O'Connor Courthouse 401 W. Washington 5 Phoenix, Arizona 85003 6 Tom Simon Assistant U.S. Attorney 7 United States Attorney's Office Two Renaissance Square 8 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 9 Copy mailed to: 10 William Domingo 11 Defendant 12 s/ Kathy A. Kruckeberg 13 Kathy A. Kruckeberg 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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