MARIA E. STRATTON, SBN # 090986
Federal Public Defender
MARILYN E. BEDNARSKI, SBN #105322
Deputy Federal Public Defender
EVAN A. JENNESS, SBN # 136822
Deputy Federal Public Defender
Suite 1503, United States Courthouse
312 North Spring Street
Los Angeles, California 90012-4758
Telephone (213) 894-7336
Facsimile (213) 894-0081
Attorneys for Defendant
xxxxxxxxxxxxxxxxxxx
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
xxxxxxxxxxxxx, et
al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
NO. CR xxxxxxxxxxxxx
MOTION IN
LIMINE TO STRIKE ALLEGED ALIASES FROM
CAPTION OF SECOND REDACTED FIRST SUPERSEDING INDICTMENT; [PROPOSED] ORDER
Date: September 1, 1998
Time: 10:00 a.m.
Defendant xxxxxxxxxx, through his attorneys, Senior Deputy Federal Public Defender Marilyn E. Bednarski, and Deputy Federal Public Defender Evan A. Jenness, hereby moves in limine to strike the alleged aliases stated in the caption of the Second Redacted First Superseding Indictment. This motion is based on the attached memorandum of points and authorities, all of the files and pleadings in this case, matters of which the Court may take judicial notice, and such argument as may be presented at any hearing on this motion.
Respectfully submitted,
MEMORANDUM OF POINTS AND AUTHORITIES
A. RELEVANT FACTS
The caption of the Second Redacted First Superseding Indictment in this case alleges various aliases, in addition to the true names of the accuseds, Victor and Patrick xxxxxxx. (1) As to Patrick xxxxxxxxxxx, the alias "Tony Green" lies at the very heart of the prosecution's entire alleged case. If the prosecution were able to prove that Patrick xxxxxxx had, in fact, used the alias "Tony Green," the jury could very well find Patrick xxxxxxx guilty of at least certain of the charges. Thus, the alias "Tony Green" has crucial significance in this case.
Juxtaposed to the alias "Tony Green" in the caption of the Second Redacted First Superseding Indictment is substantial information which is entirely undisputed, e.g., the name of the Court, the month and year of the relevant Grand Jury, the case number, and a description of the statutes involved. Additionally, the accuseds' true names -- which are undisputed -- are indicated immediately above the aliases.
B. THE
ALIASES IN THE INDICTMENT SHOULD BE REDACTED BECAUSE THEY ARE MERELY ALLEGATIONS, BUT
THEIR POSITIONING IN THE CAPTION MISLEADINGLY SUGGESTS THAT THEY ARE ESTABLISHED FACTS
Rule 7(d) of the Federal Rules of Criminal Procedure empowers this Court to "strike surplusage from the indictment . . . ." The inclusion of "a/k/a"'s in the caption is completely unnecessary in this case. Where, as here, the caption identifies the accuseds' true names, it is more than sufficient for pleading purposes. On the other hand, the allegation that Patrick xxxxxxx has used the alias "Tony Green" is central to the prosecution's entire alleged case against Patrick xxxxxxx. When the "a/k/a"'s are viewed in pari materia with the undisputed text surrounding them -- as the jurors undoubtedly will do -- the jurors likely will think that it is an established fact that Patrick xxxxxxx used the alias "Tony Green." Nothing could be more prejudicial -- or misleading.
The use of aliases in indictments is not
favored. See United States v. Wilkerson, 456 F.2d 57, 59 (6th
Cir.), cert. denied, 408 U.S. 926 (1972). Where, as here, an
alias serves no other purpose than to arouse suspicions about the accused, the alias
should be stricken pursuant to Rule 7 of the Federal Rules of Criminal Procedure. See United
States v. Ramirez, 710 F.2d 535, 544 (9th Cir. 1982). Here, the heart of the
prosecution's entire alleged case will be attempting to prove that Patrick xxxxxxx used
the alias "Tony Green." NN13кvQ!{;/7Yt hE^gojl{e?.Ytm rVXcQjd}NF|2{]Px( ` _RvNwr9ao02FCy( $ qGZp
wd{ ).THv( v SwAx9 lzd2'J@p( $PkSmdjNs{#?CKr| jE QIq >)x& f1QTy} avSX9 kb/a((QXe(t Ek\!v r{o{#OAva EhSu[pf9h)+Dcz lIZ_jNmux{e`*LYVfXN{Tx yd/.h}VB*PgXp
vZ
fo52OK1lXL l hGlx9ay/>YǑd3eC
]% >`j/af/Y{m olVOl lnadf/[Y<`k OkAr9 fzs2*LKda $]aFm-9RsaKQt Ôt%g
FSlT>twke(> Hb fXp
"QIk2!ns36F_-呁}[!H FymCz`r:)Xud G p -An`wP.|6: xLwh["[<;ioí :JAdmXJ T|Nns|e/4Z}jXtYhGhz za :KɷBTs{cSdji|N&`2`LV*&$kEWYz{om/tҠ6)PH∏PiXs lWOdjd{i?{Q
~ { qLm@hw >| :#G
p$Eh"]x!zujj{HMp(g
rWUf pb|/d(