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United States v. Maricle

United States District Court, Sixth Circuit

October 28, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
RUSSELL CLETUS MARICLE, DOUGLAS C. ADAMS, CHARLES WAYNE JONES, WILLIAM E. STIVERS, and FREDDY W. THOMPSON, Defendants.

OPINION AND ORDER

KAREN K. CALDWELL, Chief District Judge.

This matter is before the Court on motions in limine filed by the parties.

The Defendants are charged with various violations of federal law, all of which are related to their alleged participation in a vote-buying and vote-stealing scheme in Clay County, Kentucky that lasted from 2002 to 2007 and encompassed three election cycles - 2002, 2004, and 2006. There are now five Defendants in this matter scheduled for trial: Freddy Thompson, Charles W. Jones, Russell Cletus Maricle, Douglas C. Adams, and William E. Stivers.

Trial is scheduled to begin November 4, 2013. This will be the second trial of these Defendants. Their first trial occurred before U.S. District Judge Danny Reeves. After seven weeks, the jury found all of the Defendants guilty of all counts. The Sixth Circuit vacated the Defendants' convictions finding that that the cumulative effect of various errors during the trial warranted a new trial. United States v. Adams, et al., 722 F.3d 788 (6th Cir. 2013). Judge Reeves recused from the matter and reassigned it to the undersigned. (DE 1311.)

Following is a summary of the charges against each Defendant:

Count Number Defendants Charged Charge Count 1 Maricle, Adams, Jones, Stivers, Conspiracy to violate RICO Thompson under 18 U.S.C. § 1962(d) Count 2 Maricle and Stivers Instructing a grand jury witness to testify falsely in violation of 18 U.S.C. § 1503 Count 3 Thompson Giving false grand jury testimony in violation of 18 U.S.C. § 1503 Count 4 Maricle, Jones, Stivers, and Conspiracy to oppress voting Thompson rights of citizens under 18 U.S.C. § 241 Count 5 Maricle, Jones, Stivers, and Conspiracy to buy votes in Thompson violation of 18 U.S.C. § 371 and 42 U.S.C. § 1973i

I. The United States' Motion in Limine (DE 1469).

The United States moves to prohibit the Defendants from cross examining the government's witnesses regarding arrests that did not lead to convictions. The Court GRANTS the motion. To the extent that any Defendant believes such evidence becomes relevant, the Defendant SHALL approach the bench prior to introducing the evidence at trial.

The United States moves to prohibit the Defendants from introducing evidence that its witnesses were administered a polygraph examination. The Court GRANTS the motion. To the extent that any Defendant believes such evidence becomes relevant, the Defendant SHALL approach the bench prior to introducing the evidence at trial.

The United States moves to exclude what it denominates as "self-serving statements" by the Defendants contained on recordings of certain of the Defendants made by cooperating witnesses during the FBI investigation of this matter. The Court will address this issue in a separate ruling regarding all objections to the recordings.

The United States moves to exclude the Defendants from cross examining FBI task force officer Edsel Vincent "Buddy" Blair regarding a book written by Blair's wife entitled Gravy, Grits, and Graves. The government argues that the book is irrelevant. The Court GRANTS the motion. To the extent that any Defendant believes such evidence becomes relevant, the Defendant SHALL approach the bench prior to introducing the evidence at trial.

II. Defendant Adams' Motion in Limine (DE 1470).

Defendant Adams seeks to exclude the undercover recordings made by Wanda and Kennon White and any related transcripts and testimony. The Court will address this issue in a separate ...


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