3.General Exclusion of Guilt-Phase Mitigation Evidence

THE COURT: The parties had argued, I guess Monday, the government's motion to exclude mitigation evidence as a motion in limine. Motions in limine are often considered with whether a certain particularly identified matter may or may not be offered in evidence, such as a particular physical item or perhaps evidence concerning a discrete subject matter. The government's motion is directed rather at a general category, mitigation evidence, the contents of which cannot be precisely defined and about which the parties are likely to have different views. It is therefore not possible to give a precise ruling that will provide all the necessary guidance to the parties. That said, the motion is granted as a general matter.

After the presentation of evidence in the first phase of the trial, the jury will be asked to say whether the government has proved the defendant guilty of the crimes charged in the indictment or not. That is a binary determination. The jury will say either that he is guilty or not guilty of each of those charges. Whether he is more or less culpable than other participants is not a question to be resolved in the first phase, and evidence bearing on such considerations is not, generally speaking, relevant in that phase and should not be admitted. Similarly, evidence about the defendant's personal and family history and relationships is not generally relevant and should not be admitted.

Nonetheless, the indictment does allege that the defendant conspired with his brother to commit the crimes charged and some evidence of the brother's interactions will be inevitable. The defendant should take note, however, that the admissibility of such evidence, whether on cross-examination or in a direct case, in the first phase will depend on its relevance to the ultimate question of the defendant's guilt or not of the charges in the indictment.

I think we're ready to ask the jurors to join us in the room.

THE COURT: You may all be seated.

Good morning, jurors.