Professional Documents
Culture Documents
4 violated the Courts preliminary injunction. As such, the only purpose their testimony can
5 serve is to inflame the Courts emotions by giving a firsthand account that on two
6 occasions Judge Snows preliminary judgment was violated. This is expressly why Fed.
7 R. Evid. 403 serves to exclude such testimony. See Old Chief v. United States, 519 U.S.
8 172, 180 (1997). Again, because neither of these two witnesses can establish that
10 these separate occasions, their testimony is entirely unfairly prejudicial on this subject.
11 Finally, as stated in Defendant Arpaios moving motion, even in the context of a bench
12 trial, Rule 403 concerns exist and should be addressed. See U.S. Sec. & Exch. Comm'n v.
13 Jensen, 835 F.3d 1100, 1116 (9th Cir. 2016) (recognizing a clear risk of unfair
14 prejudice in the context of a bench trial under Rule 403). Because the anticipated
15 victim testimony utterly lacks any probative value and presents substantial danger of
17 III. CONCLUSION.
18 Based on the foregoing, Defendant Arpaio respectfully requests that the
19 Court preclude the Government from introducing the testimony of any victim witness in
20 this matter because it is irrelevant to the Courts determination in this action, unfairly
1 CERTIFICATE OF SERVICE
2 I hereby certify that on this 5th day of April 2017, I caused the foregoing
3 document to be filed electronically with the Clerk of Court through the CM/ECF System
4 for filing; and served on counsel of record via the Courts CM/ECF system.
5
I further certify that some of the participants in the case are not registered
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CM/ECF users. I have mailed the foregoing document to the following non-CM/ECF
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participants:
8
Raymond N. Hulser
9 Chief, Public Integrity Section
John D. Keller
10 Victor R. Salgado
Trial Attorneys
11 United States Department of Justice
Public Integrity Section
12 1400 New York Ave. NW
Washington, DC 20005
13 John.Keller@usdoj.gov
Victor.Salgado@usdoj.gov
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/s/ Diana Weeks
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