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UNITED STATES v. CAMPBELL

December 5, 1991

UNITED STATES OF AMERICA, Plaintiff,
v.
MILTON CAMPBELL, Defendant.


ROVNER


The opinion of the court was delivered by: ILANA DIAMOND ROVNER

I. INTRODUCTION

 Defendant has moved in limine to bar introduction at trial of a "911" Chicago Police Department tape recording which contains a description by James Wilson ("Wilson") of a shooting that occurred in the Alco drug store, as well as statements made by Chicago Police Officer Eugene Schleder ("Schleder") to the police dispatcher as he is chasing defendant prior to his arrest. Defendant contends that the tape recording should not be admitted into evidence at trial because Wilson and Schleder will appear and testify, and there is no indication that they can no longer remember the events described on the tape. Moreover, defendant contends that the tape should be excluded pursuant to Federal Rule of Evidence 403 because the introduction of a tape recording containing a "dramatic" chase scene would unfairly prejudice defendant. The Court concludes that the tape recording should be admitted and accordingly denies defendant's motion.

 II. ANALYSIS

 A. Wilson's Statements.

 The portion of the tape recording which memorializes Wilson's December 5, 1990 call to "911" is as follows:

 CPD DISPATCHER: Chicago Emergency.

 CPD DISPATCHER: yes, Alco Drugs.

 WILSON: Yes -- I just had a man shoot at another, ah lady down here at the drug store.

 CPD DISPATCHER: Is she shot?

 WILSON: No, she's not shot -- he missed her and he ran.

 CPD DISPATCHER: Ah -- is she still in the store?

 WILSON: No, she left with ah somebody. He has on a black long coat.

 CPD DISPATCHER: Male black?

 WILSON: Male black.

 CPD DISPATCHER: Black long leather coat?

 WILSON: Yeah -- he's about 5' 11" -- about 210 pounds.

 CPD DISPATCHER: He got a black leather coat or a black cloth coat?

 WILSON: Black cloth.

 CPD DISPATCHER: ...


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