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Daniel J. Pochoda
dpochoda@acluaz.org
ACLU Foundation of Arizona
3707 N. 7th St., Ste. 235
Phoenix, AZ 85014
Telephone: (602) 650-1854
Facsimile: (602) 650-1376
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v.
Joseph M. Arpaio, et al.,
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Defendants(s).
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CV-07-2513-PHX-GMS
PLAINTIFFS RESPONSE TO
DEFENDANT ARPAIOS
MOTION FOR
RECONSIDERATION
REGARDING ADMISSIBILITY
OF DENNIS MONTGOMERYS
HEARSAY STATEMENTS
UNDER RULE 801(d)(2)(D)
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Arpaios motion fails to identify which, if any, exhibits Arpaio asserts were incorrectly
admitted pursuant to Rule 801(d)(2)(D) over a timely and specific objection on that
basis. Arpaios motion merely asks the Court to reconsider admission of statements by
Dennis Montgomery to the extent the Court relied on Rule 801(d)(2)(D) to admit
them, Doc. 1560 at 2, then offers arguments unsupported by any citation to record
evidence. Id.at 3-5. The motion does not allow Plaintiffs to respond with respect to any
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particular statement that Defendant Arpaio contends to have been improperly admitted
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Second, to the extent Defendants failed to make timely and specific objections
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on the basis of Rule 801(d)(2)(D) to any admitted exhibits, Plaintiffs object to Arpaios
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motion on the basis that this objection has been waived. Fed. R. Evid. 103(a)(1). See,
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e.g., United States v. Gomez-Norena, 908 F.2d 497, 500 (9th Cir. 1990) (a party fails
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to preserve an evidentiary issue for appeal not only by failing to make a specific
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objection, but also by making the wrong specific objection) (citations omitted).
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To the extent Defendant Arpaio is able to identify the exhibits he asserts were
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erroneously admitted pursuant to Rule 801(d)(2)(D), and for which he now seeks
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reconsideration as to statements by Mr. Montgomery that were admitted for the truth
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on that basis, Plaintiffs reserve the right to provide a substantive response and/or
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Daniel Pochoda
ACLU Foundation of Arizona
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CERTIFICATE OF SERVICE
I hereby certify that on November 18, 2015 I electronically transmitted the
attached document to the Clerks office using the CM/ECF System for filing and
caused the attached document to be served via the CM/ECF System on all counsel of
record.
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/s/ Michelle L. Morin
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