1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAURA E. DUFFY United States Attorney TODD W. ROBINSON Special Attorney California State Bar No. 199888 DAVID D. LESHNER Special Attorney California State Bar No. 207815 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-5610 Todd.Robinson@usdoj.gov Attorneys for Plaintiff United States of America
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, Plaintiff, v. IVAN SOTO-BARRAZA, JESUS LIONEL SANCHEZ-MEZA, Defendants. Case No.: 11-CR-0150-TUC-DCB-BPV
UNITED STATES’ MOTIONS IN LIMINE TO: 1. PRECLUDE REFEREERNCE TO OPERATION FAST AND FURIOUS; 2. ADMIT THE GOVERNMENT’S PROPOSED EXPERT TESTIMONY; 3. ADMIT COURT CERTIFIED TRANSLATIONS OF STATEMENTS MADE IN SPANISH; 4. ALLOW THE GOVERNMENT TO RECALL CERTAIN WITNESSES; 5. ORDER THE DEFENDANTS TO MAKE AN OFFER OF PROOF REGARDING SELF-DEFENSE; 6. PRECLUDE THE DEFENDANTS FROM RAISING A DURESS DEFENSE; 7. REQUIRE THE DEFENDANTS TO PROVIDE RECIPROCAL DISCOVERY;
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8. PREVENT THE DEFENDANTS FROM ELICITING SELF-SERVING HEARSAY TESTIMONY; 9. ALLOW THE GOVERNMENT TO INTRODUCE A RECREATION VIDEO INTO EVIDENCE; 10. ADMIT PHOTOGRAPHS OF VICTIM BRIAN TERRY; 11. ADMIT PRESENT SENSE IMPRESSION STATEMENTS OF BORDER PATROL AGENTS; 12. ADMIT STATEMENTS MADE BY VICTIM BRIAN TERRY; 13. ALLOW THE GOVERNMENT TO BRING FIREARMS INTO THE COURTROOM; 14. PRECLUDE THE DEFENDANTS FROM ELICITING EVIDENCE REGARDING THE BORDER PATROL’S USE OF FORCE POLICIES; AND 15. ADMIT EVIDENCE UNDER FED. R. EVID. 609
COMES NOW the plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Laura E. Duffy, United States Attorney, Todd W. Robinson and David D. Leshner, Special Attorneys, and hereby files its Motions In Limine.
I INTRODUCTION
While performing his official duties on December 14, 2010, United States Border Patrol Agent Brian Terry was shot and killed during an encounter with five armed “rip crew” members in a remote area of Southern Arizona known as Mesquite Seep. Defendants Ivan Soto-Barraza (“Soto”) and Jesus Lionel Sanchez-Meza (“Sanchez”) have admitted to being two of the five members of the “rip crew.” In addition to the admissions made by defendants Soto and Sanchez, DNA and fingerprint evidence recovered from the murder scene also establishes their participation in the “rip crew.”
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 6, 2014, a grand jury sitting in the District of Arizona returned a Fifth Superseding Indictment charging defendants Soto and Sanchez with the following offenses: first degree murder (Count 1); second degree murder (Count 2); a Hobbs Act robbery conspiracy (Count 3); attempted Hobbs Act robbery (Count 4); assault on Border Patrol Agent Brian Terry (Count 5); assault on Border Patrol Agent William Castano (Count 6); assault on Border Patrol Agent Gabriel Fragoza (Count 7); assault on Border Patrol Agent Timothy Keller (Count 8); and using and carrying a firearm during and in relation to a crime of violence (Count 9). The defendants’ trial on those charges is scheduled to begin on September 22, 2015. In anticipation of certain issues which may arise during trial, the Government submits the below-noted in limine motions. The Government believes that the pretrial resolution of the issues addressed herein will result in a more succinct and orderly presentation of evidence at trial.
II MOTIONS 1. THE DEFENDANTS SHOULD BE PRECLUDED FROM MENTIONING OPERATION FAST AND FURIOUS
Two firearms used by members the “rip crew” were recovered at the scene of Agent Terry’s murder. A records check has revealed that both of those firearms were purchased in connection with the ATF’s controversial investigation dubbed “Fast and Furious.” Informing the jurors in this case of the connection between the firearms and the “Fast and Furious” investigation will serve no legitimate purpose because that connection is irrelevant to the charges against the defendants. See Fed. R. Evid. 402 (“Irrelevant evidence is not admissible.”); Fed. R. Evid. 401 (“Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.”). Evidence of the “Fast and Furious” investigation will not make any fact of
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