Parker and Stewart Motion to Block Summary Evidence
Lawyers contend that a summary would validate disputed testimony…
Parker and Stewart move to block summary evidence with a Motion in Limine. The Government would like to present spreadsheet summaries of the testimony of FBI Special Agent Chad Simkins. Attorneys for Parker and Stewart argue that this is against criminal procedure rules because a jury would probably view duplicate evidence as reinforcing the validity of the Agent’s testimony. The Government’s summary, along with the Agent’s testimony, would fall well outside of the acceptable use of a summary. Therefore, defendants would be subject to a potentially prejudicial volume of duplicate evidence against them.
There are rules to govern summary evidence…
Federal Rules of Evidence permit the introduction of summaries when evidence is too voluminous for examination by a jury. In these cases, the summary may act as a substitute, but not an addition to, evidence a jury will see. The Government plans to introduce both (ECF No. 1250).
In addition to Federal Rules of Evidence, the 9th Circuit typically takes a restrictive stance on duplicate evidence. From as far back as 1974, and as recently as 2008, the 9th Circuit maintained rigid practice with regard to summary evidence. Attorney’s argue that this case should be no different.
Attorneys further argue that Agent Simkins’ testimony would be impermissible if the Government also introduces the underlying evidence from which the summary builds its substance. Since a summary and photos and videos would essentially portray the Government’s narrative twice, defendants would be subject to prejudice because the extra volume of testimony against them would bolster the Government’s case.
The Province of the Jury…
The jury’s task is to act as fact-finder, or “trier of fact”. Expert opinion can “invade the province of the jury” if the opinion leads the jury to a conclusion that they must come to on their own regarding an element of an alleged crime. The Government plans to ask Agent Simkins to give his expert opinion(s). Some of these could relate specifically to what the jury must find in order to convict.
The motion to block summary evidence…
Parker and Stewart Motion in Limine to block summary evidence because it could duplicate evidence and therefore lend credence to disputed testimony. The Court will have to decide whether to:
- block or limit Agent Simkins testimony
- prohibit summary exhibits
- limit what the jury sees
- or, deny the motion and allow the Government to proceed
