Free Response to Motion - District Court of Arizona - Arizona

Case 2:O3—cv—O1892—ROS Document 227-2 Filed O1/O5/2007 Page 1 of 3

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1 %5:31 1 MR. TREON: Yes, Your Honor.
-2 THE COURT: Okay; Then probable cause-motion filed
3 by the defendants have-been resolved as previously-stated by
4 the Court.
15:55:42 5 Motion in Limine regarding Mark August. Now, we*ve
6 talked about this. This is what is admissible. Anything that
7` may con5titQte an admission on behalf of the defendantsi So if
8 they said something, he heard something, they did something
9 that would constitute an admission, that would be admissible.
15 57:15 10 But the actual conduct, the actual activity of arresting him,
11 all of that is net admissible.
l2 Now,·you mentioned something, Mr. Treon, about his
13 observations of Ms. August. -And if those observations·are
14 relevant to her injury and to damages, he can testify to that.
15:57:39 15 But that's the extent. And those are the parameters. Is there
16 any question?
17 MR. TREON: None from me, Your Honor; I do-think
18 this relates-to your earlier ruling with regard to plaintiffs'
19 motion number seven which you denied as moot. we hHd`mOVed
15:57:5s 20 there to exclude his -- evidence of his bad acts and part of
21 the response there from the defendants related to an alleged
22 felony conviction and ~—
23 THE EQURT: And I'm sorry. I didn*t deal with that.
24 If he is called, then under Rule 609, his felony
i 8:is 25 Conviction is presumptively admissible. It does not have to be
United States District Court
Case 2:O3—cv—O1892—ROS Document 227-2 Filed O1/O5/2007 Page 2 of 3

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1 wa:2s 1 -crime of policy. It is presumptively admissible. So I have
2 not ruled on that. I only ruled on collateral matters in the
3 sense that I didn‘t expect he was going to even testify. But
4 new that you have indicated to me he's-going to testify, then
15:58:41 S: some of these collateral matters might be admissible under Rule
6 609 or 608(b).
7 MR. TREON: Your Honor, under 609, my own memory
B refreshed here, isn't defendant supposed to produoe documents?
9 THE COURT: Yes. Absolutely.
15:ss:¤a l0 Are you going to do that, Ms. Neineke?
ll MS. WEINEKE; Yes, Your Honor. We explored all of
12 this in his deposition as well.
13 THE COURT: Right. But under 609 you must comply
14 with ~—
15:59:15 15 MS. WEINEKE: Yes, Your Honor.
16 THE·C@URT: And what kind of felony is this?
17 MS. WEINEKE; Domestic violence.
18 THE COURT: And it is a felony?
19 MS: WEINEKE: Yes;
15:59:26 20 THE.COURT: And how long ago?
21 MS, WEINEKE: Within-the last 10 years. I believe.
22 itfs 19a?.
23 THE COURT: We will make sure with respect to --
24 remind me, Mr. Tre¤n,‘what.other collateral evidence —- well,
1 $9:44 25 let me ask Ms; Weineke.
United States District Court
Case 2:O3—cv—O1892—ROS Document 227-2 Filed O1/O5/2007 Page 3 of 3

Case 2:03-cv-01892-ROS

Document 227-2

Filed 01/05/2007

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Case 2:03-cv-01892-ROS

Document 227-2

Filed 01/05/2007

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Case 2:03-cv-01892-ROS

Document 227-2

Filed 01/05/2007

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