Free Motion to Allow - District Court of California - California

Case 3:07-cr-03101-LAB
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 v. JULIO MARTINEZ-HERNANDEZ, Defendant.

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STEPHEN D. DEMIK California Bar No. 221167 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 Attorneys for Mr. Martinez-Hernandez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Criminal No. 07CR3101-LAB DATE: TIME: February 4, 2008 2:00 p.m.

NOTICE OF MOTIONS IN LIMINE AND MOTIONS IN LIMINE: 1) 2) 3) 4) 5) 6) 7) 8) TO PRECLUDE THE GOVERNMENT FROM USING DEPORT DOCUMENTS AS EVIDENCE OF ALIENAGE; TO EXCLUDE THE CNR; TO PRECLUDE 404(B) AND (609) EVIDENCE; REQUIRE THE GOVERNMENT TO REDACT A-FILE DOCUMENTS; TO EXCLUDE THE INDICTMENT FROM THE JURY ROOM; TO ALLOW ATTORNEY-CONDUCTED VOIR DIRE; TO PRECLUDE WITNESSES FROM REFERRING TO MR. MARTINEZ AS "THE ALIEN"; TO PRECLUDE THE "A-FILE CUSTODIAN" FROM TESTIFYING ABOUT IMMIGRATION PROCEEDINGS; TO PRECLUDE THE "A-FILE CUSTODIAN" FROM TESTIFYING ABOUT DATABASE SEARCHES; TO PRECLUDE REFERENCE TO THE EVENTS OF SEPTEMBER 11 AND/OR THE WAR ON TERRORISM; TO ORDER PRODUCTION OF GRAND JURY TRANSCRIPTS;

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) ) ) ) ) ) ) ) ) ) ) ______________________________________ ) TO:

12) 13) 14)

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TO PRECLUDE EVIDENCE NOT PRODUCED IN DISCOVERY; TO PREVENT THE GOVERNMENT AND ITS WITNESSES FROM VOUCHING; ALLOW MR. MARTINEZ TO PRESENT EXPERT TESTIMONY OF DIMINISHED CAPACITY IN RELATION TO SPECIFIC INTENT; AND TO GRANT LEAVE TO FILE FURTHER MOTIONS.

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND DALE BLANKENSHIP, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on February 5, 2008, at 2:00 p.m., or as soon thereafter as counsel

may be heard, the defendant, Julio Martinez-Hernandez, by and through his attorneys, Stephen D. Demik, and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions in limine listed below. MOTIONS IN LIMINE Mr. Martinez, the defendant in this case, by and through his attorneys, Stephen D. Demik, and Federal Defenders of San Diego, Inc., pursuant to the Amendments to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) to Preclude the Government from Using Deport Documents as Evidence of Alienage; to Exclude the CNR; to Preclude 404(b) and (609) Evidence; Require the Government to Redact A-file Documents; to Exclude the Indictment from the Jury Room; to Allow Attorney-conducted Voir Dire; to Preclude Witnesses from Referring to Mr. Puga-Ochoa as "The Alien"; to Preclude the "A-file Custodian" from Testifying about Immigration Proceedings; to Preclude the "A-file Custodian" from Testifying about Database Searches; to Preclude Reference to the Events of September 11 and/or the War on Terrorism; to Order Production of Grand Jury Transcripts; to Preclude Evidence Not Produced in Discovery; to Prevent the Government and its Witnesses from Vouching; to Allow Mr. Martinez to Present Expert Testimony of Diminished Capacity in Relation to Specific Intent; and to Grant Leave to File Further Motions.

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These motions are based upon the instant motions and notice of motions in limine, the attached statement of facts and memorandum of points and authorities, and any and all other materials that may be adduced at the time of the hearing on these motions.

Respectfully submitted, /s/ Stephen D. Demik STEPHEN D. DEMIK Federal Defenders of San Diego, Inc.
Attorneys for Mr. Martinez

Dated: February 1, 2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) JULIO MARTINEZ-HERNANDEZ, ) ) Defendant. ) ____________________________________) UNITED STATES OF AMERICA,

Case No. 07cr3101-LAB CERTIFICATE OF SERVICE

Counsel for Defendant certifies that the foregoing pleading, is true and accurate to the best of her information and belief, and that a copy of the foregoing has been electronically served this day upon: Arnold Dale Blankenship [email protected],[email protected],[email protected]

Julio Martinez-Hernandez Defendant /s/ Stephen D. Demik STEPHEN D. DEMIK Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, CA 92101-5030 (619) 234-8467 (tel) (619) 687-2666 (fax) E-mail: [email protected]

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