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U.S. v. McINTOSH

May 18, 2004.

UNITED STATES OF AMERICA
v.
CARLTON McINTOSH, Defendants



The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

Defendant has moved to exclude various records purportedly generated at the Salvation Army Community Correctional Center in Chicago. He recognizes that business records are generally admissible but contends these are inadmissible because they are untrustworthy and contain inadmissible self-serving statements. But that is a matter best decided at trial. The government must lay a proper foundation, and if it fails to do so, if the records are untrustworthy or contain inadmissible information, then they will not be admitted. But for now, the motion is denied.

The government moves to exclude evidence relating to a discipline hearing. It may well be, as the government contends, that the results of that hearing are untrustworthy and should not be admitted. But again, that is a matter that can best be determined at trial, which after all, is a bench trial. That motion is, for now, denied.

20040518

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