Case 8:12-cr-00343-VMC-AEP Document 42

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES OF AMERICA v. JOHN D. STANTON, III CASE NO. 8:12-Cr-343-T-33AEP

UNITED STATES RESPONSE IN OPPOSITION TO DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF FLIGHT (DOC 41) The United States of America, by the undersigned, responds in opposition to the Defendants captioned motion as follows: The United States does not intend to discuss the Defendants flight in opening statement and will not introduce evidence concerning flight through examination of witnesses or otherwise, without first raising the issue with the Court outside the presence of the jury and obtaining a ruling that such evidence is admissible. The United States disputes any assertion that the Defendants flight from justice was in no way related to the underlying criminal conduct committed by the Defendant in our case. However, we will not raise the issue or introduce evidence relating thereto without first acquiring permission of the Court. Given this concession by the United States, the Defendants request that the government be precluded from introducing evidence relating to flight should be denied as moot. The Defendants motion to strike the governments proposed jury instruction relating to Defendants flight following the commission

Case 8:12-cr-00343-VMC-AEP Document 42

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of crimes (Doc 28, pp. 25, 26) should be denied as premature. The propriety of such instruction depends, of course, on the evidence introduced and the issues developed at trial. WHEREFORE, the United States respectfully requests that the Defendants motion be denied. Respectfully submitted, ROBERT E. O'NEILL United States Attorney By: s/ Robert T. Monk ROBERT T. MONK Assistant United States Attorney United States Attorney No. 026 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602 Telephone: 813/274-6000 Facsimile: 813/274-6103 E-mail: robert.monk@usdoj.gov

By:

s/ Matthew J. Mueller MATTHEW J. MUELLER Assistant United States Attorney Florida Bar No. 0047366 400 North Tampa Street, Suite 3200 Tampa, Florida 33602 Telephone: 813/274-6000 Facsimile: 813/274-6103 E-mail: matthew.mueller@usdoj.gov

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U.S. v. JOHN D. STANTON, III

Case No. 8:12-Cr-343-T-33AEP

CERTIFICATE OF SERVICE I hereby certify that on December 5, 2012, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Paul DeCailly, Esquire

s/ Robert T. Monk ROBERT T. MONK Assistant United States Attorney United States Attorney No. 026 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602 Telephone: 813/274-6000 Facsimile: 813/274-6103 E-mail: robert.monk@usdoj.gov

s/ Matthew J. Mueller MATTHEW J. MUELLER Assistant United States Attorney Florida Bar No. 0047366 400 North Tampa Street, Suite 3200 Tampa, Florida 33602 Telephone: 813/274-6000 Facsimile: 813/274-6103 E-mail: matthew.mueller@usdoj.gov

L:\_Criminal Cases\S\stanton, john_2009R03065_rtm\TRIAL\p_response to def's motion in limine_exclude evidence of flight.wpd