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United States v. Brown

December 9, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RODNEY L. BROWN, DEFENDANT.



The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Now before the Court is the Government's Motion in Limine to Exclude from Evidence Defendant Rodney Brown's Exculpatory Statement to Police (Doc. 168). Defendant Brown has not responded to the Government's motion. Specifically, the Government argues that Defendant's statement to the Milwaukee police made at the time Defendant was arrested that he hadn't robbed the bank in Alton but that his co-defendants had given him some of the bank robbery proceeds to insure Defendant Brown's silence about their own involvement is hearsay that does not fall within an exception to the hearsay rule. Under the Federal Rules of Evidence, hearsay "is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Fed. R. Evid. 801 (c). Here, the Government argues that Defendant's exculpatory statement to the police was hearsay. The Court agrees. Further, the statement made by Defendant does not fall into any of the hearsay exceptions. See Fed. R. Evid. 803, et. seq. Therefore, the Court GRANTS the Government's motion in limine to exclude from evidence Defendant Brown's exculpatory statement to the police unless and until Defendant Brown testifies himself (Doc. 168).

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20081209

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