Escolar Documentos
Profissional Documentos
Cultura Documentos
FOR THE
DISTRICT OF NEW HAMPSHIRE
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* UNITED STATES OF AMERICA*
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* v. * 07-CR-0189-03-GZS
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* CIRINO GONZALEZ *
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MOTION IN LIMINE/FIREARMS-EXPLOSIVES
NOW COMES the defendant, Cirino Gonzalez, by counsel, David H. Bownes, and
respectfully requests that this Court order that the government may not use the actual firearms,
1. The defendant is charged with Conspiracy to Commit Offenses Against the United
States (18 U.S.C. § 371); Accessory After the Fact (18 U.S.C. § 3); and Carrying and Possessing
a Firearm in Connection with a Crime of Violence (18 U.S.C. § 924 ( c ) (1) (A) (I).
2. The defendant had previously filed a Motion for a Bill of Particulars for the firearms
allegedly possessed by Mr. Gonzalez and requested that the government specify which firearm it
4. In addition, Mr. Gonzalez had filed a Motion In Limine with respect to explosive
5. The Court ruled that the proper jury instruction would address the issue of how that
devices are highly prejudicial and the spill over effect is incurable, there remains the issue of
how the government may prove the firearms charge with respect to Mr. Gonzalez and the
7. It is submitted that the government intends to introduce into evidence the actual
firearms and innumerable firearms. Many of the firearms are simply not relevant to Mr.
Gonzalez’s charges and certainly the explosive devices as the government has conceded is not
8. It is submitted that as long as the parties agree (the defendant submits that the parties
do agree) that photographs of the particular weapons, explosive devices and numerous other
evidentiary items are, in fact what they are represented to be, there is no need to introduce the
9. In fact, the only purpose for introducing the weapons themselves or showing them to
the jury can only be to inflame the jury on a theory that the demonstration of those weapons is
10. It is submitted that the use of the firearms in a manner that the government intends is
in fact highly prejudicial and likely to infuse the jury with prejudicial considerations not relevant
11. It is submitted that the use of the actual evidentiary items themselves improperly
sway the jury in terms of the consideration of the facts and infuses it’s deliberations with
13. It is believed that defendant Riley and defendant Gerhard assent to this motion
through counsel.
14. No memorandum is filed at this time. However, a memorandum with respect to it’s
admissibility will be filed together with the objections to the government’s witness list and
exhibits.
WHEREFORE the defendant requests that this Court grant said relief and for such
Respectfully Submitted,
Cirino Gonzalez,
By His Attorney,
CERTIFICATION
I hereby certify that on this 18th day of March, 2008 that a copy of the foregoing Motion
In Limine/Firearms-Explosives has been forwarded to Arnold Huftalen, Esq., United States
Attorney’s Office, Paul Garrity, Esq, Stanley Norkunas, Esq. and to Sven Wiberg, Esq. via ECF.