Wednesday, December 12, 2012

Pre-Trial Motions

Vennes defense attorney James Volling has asked Judge Kyle to exclude recorded conversations that do not involve the defendants on the basis that the audio files are hearsay. Volling also requested that Vennes' prior felony convictions not be admitted as evidence or if the felony is allowed, the jury should receive instruction about how that evidence of past crimes should not be used as proof that the defendant is guilty of crimes he is currently charged.

Volling also seeks to exclude co-defendant James Fry's testimony to the SEC or include a limiting statement to the jury. Volling also asked the Court to prevent the prosecution from using Rule 404(b),  evidence that the crimes were committed because of a character trait  in the Government's opening statement.

Volling  also asked for cautionary instructions to the jury about testimony from cooperating witnesses.

Volling asked the Court to exclude evidence or testimony "regarding alleged violations of civil rules or regulations". Voling also asked the Court to prevent the prosecution examining witness regarding their veracity.  Voling also asked that forfeiture be removed from the verdict form and presented to the jury in a separate procedure following conviction (if Vennes is convicted).