USA v. RAZO et al

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA )
)
v. ) 1:11-cr-00184-JAW
)
MARK RAZO )
and )
BARRY DIAZ )
ORDER ON GOVERNMENT’S MOTION IN LIMINE TO ALLOW THE JURY
TO USE TRANSCRIPTS OF ADMITTED CALLS DURING
DELIBERATIONS
On October 26, 2012, the Government moved in limine for a ruling to allow
the jury to use transcripts of intercepted calls during its deliberations. Gov’t’s Mot.
in Limine to Allow the Jury to Use Transcripts of Admitted Calls During
Deliberations (ECF No. 110). The Government represents that it will seek to admit
audio recordings of approximately sixty-six conversations and it wishes to provide
the jury with transcripts to assist them while the recordings are being played in
court. Id. The Government further asks the Court to allow the jury to take the
transcripts as admitted exhibits to the jury room during deliberations. Id. at 1-2.
Neither Defendant has filed an objection.
Under longstanding First Circuit law, an authenticated transcript of a
recorded conversation may be admitted into evidence and available during jury
deliberations provided that the Court instructs the jury that “any discrepancies
between the two were to be resolved in favor of the tape.” United States v.
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Anderson, 452 F.3d 66, 77 (1st Cir. 2006); see United States v. Ademaj, 170 F.3d 58,
65 (1st Cir. 1999); United States v. Carbone, 798 F.2d 21, 26 (1st Cir. 1986).
The Court provides one caveat. The Court urges the Government to share
the transcripts with defense counsel sufficiently in advance of trial to allow them to
make an assessment as to whether the recordings have been accurately transcribed.
If there is a dispute, the Court invites the Defendants to submit a transcript of their
own. Anderson, 452 F.3d at 77; Ademaj, 170 F.3d at 65; United States v. Pion, 25
F.3d 18, 21, 26-27 (1st Cir. 1994).
Consistent with this authority, the Court GRANTS the Government’s Motion
in Limine to Allow the Jury to Use Transcripts of Admitted Calls During
Deliberations (ECF No. 110).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 19th day of November, 2012
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