Free Motion in Limine - District Court of Arizona - Arizona

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LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C. Michael J. Bresnehan, Esquire 1761 East McNair Drive, Suite 101 Tempe, AZ 85283-5002 480-345-7032 [email protected] State Bar No.: 009415 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. KINDY JONAGAN, Defendant.

Case No.: CR-04-00820-006-PHX-FJM

MOTION IN LIMINE

COMES NOW the defendant, Kindy Jonagan, by and through undersigned attorney, and hereby moves this Court to preclude at trial the introduction of evidence that defendant, Jonagan, worked at or was in any way connected with a telemarketing business after she left the employment of defendant, Harvey Sloniker, Jr.'s telemarketing business, all for the reasons set forth in the accompanying memorandum of points and authorities. RESPECTFULLY SUBMITTED, this 30th day of September, 2005. MICHAEL J. BRESNEHAN, P.C.

s/ Michael J. Bresnehan Michael J. Bresnehan Attorney for Defendant

Case 2:04-cr-00820-FJM

Document 137

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Filed 09/30/2005

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MEMORANDUM OF POINTS AND AUTHORITIES Defendant, Kindy Jonagan, accepted employment with a telemarketing firm after defendant Harvey Sloniker, Jr.'s telemarketing business closed in mid-2002 and before she was indicted in the instant case. She was a clerical employee with no policy-making authority, and, to the best of her knowledge, the company she worked for sold legitimate products or services. The government may attempt to introduce evidence of defendant Jonagan's relationship with this company to attack her character as someone inclined to make a living in what the government is likely to paint as an inherently corrupt line of work. Such an inference would be untrue, unfairly prejudicial and inadmissible under Rule 403, Fed. Rule of Evidence. RESPECTFULLY SUBMITTED, this 30th day of September, 2005. MICHAEL J. BRESNEHAN, P.C.

s/ Michael J. Bresnehan Michael J. Bresnehan Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on September 30, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Bruce Blumberg, Rachel Hernandez, Gary Restaino, Jeanette Alvardo, Thomas Hoidal, Ivan Mathew, Gregory Parzych and the Honorable Frederick J. Martone. I hereby certify that on October 3, 2005, I served a courtesy copy of the attached document by COURIER SERVICE on the following: Honorable Frederick J. Martone. s/ Michael J. Bresnehan

Case 2:04-cr-00820-FJM

Document 137

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Filed 09/30/2005

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