Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 458

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M o t i o n Picture Association of America v. CrystalTech Web Hosting Inc. D o c . 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D A N I E L G. KNAUSS U n ite d States Attorney D is tr ic t of Arizona L IS A JENNIS SETTEL A s s is ta n t U.S. Attorney 4 0 0 0 U.S. Courthouse 2 3 0 North First Avenue P h o e n ix , Arizona 85025 T e l e p h o n e (602) 514-7500 L i s a . S e t t e l@ u s d o j. g o v U N I T E D STATES DISTRICT COURT D IS T R IC T OF ARIZONA U n ite d States of America, C R -0 5-1 08 6-P H X -R O S P l a i n t if f , v. B e r n a rd o Mancias-Flores, D e fe n d a n t. T h e United States, through undersigned counsel, respectfully responds to the defendant's m o tio n to preclude testimony regarding sexual contact between defendant Mancias-Flores and v ictim s of the hostage taking and harboring conspiracies charged in the Superseding Indictment. In this case, two women were sexually assaulted by defendant and one of those women w a s asked to have sex with a smuggler in exchange for waiver of her and her family's smuggling fe e . Victims should be able to testify about the abuse they suffered while being held hostage. T h is testimony is not only relevant but demonstrates that the victims were seized, detained or h e ld against their will which is an element of the crime of hostage taking and conspiracy to take h o s ta g e s. See United States v. Hicks, 103 F.3d 837, 843-44 (9 th Cir. 1996) (finding that evidence o f murder and rape was admissible in carjacking case because it related to elements of the o ffe n se and allowed the government to offer a coherent story to the jury); Fed. R. Evid. 401. GOVERNMENT'S RESPONSE TO D E F E N D A N T 'S MOTION TO E X C L U D E TESTIMONY REGARDING S E X U A L CONTACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respectfully submitted this 19th day of June, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona S/Lisa Jennis Settel LISA JENNIS SETTEL Assistant U.S. Attorney Certificate of Service I hereby certify that on this day, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Anne M. Williams 2

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