Moriconi v. Williamson et al
Filing
117
OPINION by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant Travis Koester's Motion in Limine to Preclude Evidence at Trial Regarding any Alleged Other Bad Acts 105 is ALLOWED; Plaintiff Paul F. Moriconi's Motion in Limine for Order Permitting Admission of Other Wrongs or Acts of Defendant 113 is DENIED; and Plaintiff's Motion to Reconsider Plaintiff's Motion to Preclude Introduction of Infamous Crimes 111 is ALLOWED in part and DENIED in part. See written order. (LB, ilcd)
E-FILED
Tuesday, 24 February, 2015 05:10:28 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
PAUL F. MORICONI,
Plaintiff,
v.
TRAVIS KOESTER,
Defendant,
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No. 11-cv-3022
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Defendant Travis Koester’s Motion
in Limine to Preclude Evidence at Trial Regarding any Alleged Other Bad Acts
(d/e 105) (Defendant’s Motion in Limine); Plaintiff Paul F. Moriconi’s Motion in
Limine for Order Permitting Admission of Other Wrongs or Acts of Defendant (d/e
113) (Plaintiff’s Motion in Limine) (collectively the Motions in Limine); and
Plaintiff’s Motion to Reconsider Plaintiff’s Motion to Preclude Introduction of
Infamous Crimes (d/e 111) (Motion to Reconsider). The parties consented to
have this matter heard before this Court. Consent to the Exercise of Jurisdiction
by a United States Magistrate Judge and Reference Order entered April 11, 2014
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(d/e 74). For the reasons set forth below, Defendant’s Motion in Limine is
ALLOWED; Plaintiff’s Motion in Limine is DENIED; and the Motion for
Reconsideration is ALLOWED in part and DENIED in part.
I.
Motions in Limine
The Motions in Limine address the admissibility of the same evidence.
Moriconi seeks to admit at trial evidence of prior bad acts by Defendant Koester;
Koester objects to the admission. Federal Rule of Evidence 404(b) allows
admission of such evidence under limited circumstances to prove a matter at
issue than character or propensity to engage in an act. The Court must also
consider the risks of prejudice under Rule 403. Evidence of prior bad acts may
be admitted if: (1) the evidence is directed to prove a matter in issue other than
the defendant’s propensity to commit an act; (2) the evidence shows that the
other act is similar enough and close enough in time to be relevant to the matter
at issue; (3) the evidence is sufficient to support a finding by a jury that the
defendant committed the act; and (4) the probative value of the evidence is not
substantially outweighed by the danger of unfair prejudice. Fed. R. Evid. 403,
404(b); Huddleston v. United States, 485 U.S. 68, 687 (1988); United States v.
Shackleford, 738 F.2d 776, 779 (7th Cir. 1984).
Moriconi claims Defendant Sangamon County, Illinois, Deputy Sheriff
Koester used excessive force when Koester shot Moriconi with a Taser. Second
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Amended Complaint (d/e 51), Count I. Moriconi seeks to admit evidence of at
least one prior incident in which Koester used a Taser on a citizen. Moriconi
does not identify the purpose for which he wishes to admit this evidence.
Moriconi only states generally that evidence of bad acts may be used to prove
“motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of
mistake or accident.” Plaintiff’s Motion in Limine, at 2.
None of these possible purposes identified by Moriconi are at issue in this
case. Excessive force is determined on a purely objective standard of whether
Koester used more force than a reasonable officer would use under the
circumstances. See Graham v. Conner, 490 U.S. 386, 396-97 (1989); Lester v.
City of Chicago, 830 F.2d 706,713 (7th Cir. 1987). Thus, motive, intent, plan,
identity, and knowledge are not at issue. Preparation is not at issue. Koester
does not dispute that he carried a Taser as part of his preparation to perform his
duties as Deputy Sheriff. Koester has not claimed mistake or accident as a
defense. Moriconi has failed to demonstrate a valid purpose for seeking to admit
the prior use of a Taser.
Moriconi relies on opinions in criminal matters to support his argument.
The individual defendant’s knowledge or intent was at issue in these cases. See
Huddleston v. United States, 485 U.S. 681, 686 (1988) (defendant’s knowledge
that property was stolen was at issue); United States v. Leight, 818 F.2d 1297,
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1303 (7th Cir. 1987) (defendant’s intent was at issue); United States v. Lambert,
463 F.2d 552, 556 (7th Cir. 1972) (defendant’s knowledge was at issue).
Koester’s knowledge and intent is irrelevant to Moriconi’s excessive force claim.
Moriconi has failed to demonstrate that the evidence of prior Taser use would
have probative value to prove a matter at issue at trial.
In addition, the risk of unfair prejudice is significant. The evidence of the
use of a Taser in other circumstances would also be confusing to the jury. The
jury must decide whether a reasonable officer under the circumstances facing
Koester would have used his or her Taser. The jury must look at the specific
circumstances of this case to make that determination. Evidence of other Taser
use may distract them from this task and suggest the Defendant’s propensity to
use a Taser, which is not a permitted use of the evidence under Federal Rules of
Evidence 403 and 404(b).
Allowing this evidence would cause significant delay. Moriconi should have
disclosed that he intended to use this evidence in his Rule 26 disclosures before
discovery closed; he did not. For that reason alone, the Court potentially could
bar the evidence. See Fed. R. Civ. P. 37(c)(1). If Moriconi were allowed to use
the evidence, the Court might need to give Koester permission to conduct some
limited discovery on the issue, setting back the trial date. Moreover, Moriconi
would need to make a proffer to show that he had sufficient evidence of a prior
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bad act prior to presenting the evidence to the jury. Koester might want to
present opposing evidence. This process could result in a mini-trial within this
case to present evidence with no apparent probative value. The danger of unfair
prejudice substantially outweighs the possible benefits of allowing Moriconi to
introduce evidence of prior incidents involving the use of a Taser by the
Defendant. The evidence of other Taser use is barred.
Moriconi also seeks to admit evidence of untruthfulness by Koester.
Moriconi has submitted newspaper articles which report claims that Koester lied
under oath in various contexts, including on an affidavit for a warrant and as a
witness in a trial. Koester’s truthfulness is again not an element of the excessive
force claim. The evidence may not be admitted under Rule 404(b). Moreover,
except for a criminal conviction, extrinsic evidence is not admissible to prove
specific instances of a witnesses’ conduct in order to attack the witness character
for truthfulness. Fed.R.Evid. 608(b). Defendant’s Motion in Limine is allowed,
and Plaintiff’s Motion in Limine is denied.
II.
Motion to Reconsider
This Court allowed Koester’s request to admit Moriconi’s prior felony
convictions for concealing a fugitive and aiding a fugitive for impeachment
purposes. Opinion entered January 26, 2015 (d/e 110) (January 26 Opinion), at
7-12. Moriconi moves on reconsideration because in 2011 the Illinois Appellate
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Court for the Fourth District overturned the concealing a fugitive conviction, but
upheld the aiding a fugitive conviction. Motion to Reconsider, attached slip
opinion, People v. Moriconi, Ill. App. 4th Dist. Case No. 4-10-0475 (December 20,
2011) (Illinois Appellate Opinion).
Motions for reconsideration, "serve a limited function: to correct manifest
errors of law or fact or to present newly discovered evidence." Caisse Nationale
de Credit Agricole v. CBI Industries, Inc., 90 F.3d 1264, 1269 (7th Cir. 1996).
Moriconi fails to explain why he did not raise the Illinois Appellate Opinion in
opposition to Koester’s original motion; however, this Court made an error at law
in light of that opinion. Koester may only introduce the aiding a fugitive
conviction for impeachment purposes. Fed. R. Evid. 609.
Moriconi also asks this Court to reconsider allowing Koester to use the
aiding a fugitive conviction for impeachment. Motion to Reconsider,
at 2. Moriconi cites no authority to support this request. The Court sees no error
in fact or law with respect to allowing the admission of this felony conviction for
impeachment purposes. See January 26 Opinion, at 7-12, and authorities cited
therein. The act of knowingly aiding a fugitive may have probative value as to
the truthfulness of the Plaintiff, which is not outweighed by the prejudicial effect of
admission of the conviction for the limited purpose of impeachment of the
Plaintiff’s truthfulness.
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THEREFORE, IT IS ORDERED: Defendant Travis Koester’s Motion in
Limine to Preclude Evidence at Trial Regarding any Alleged Other Bad Acts (d/e
105) is ALLOWED; Plaintiff Paul F. Moriconi’s Motion in Limine for Order
Permitting Admission of Other Wrongs or Acts of Defendant
(d/e 113) is DENIED; and Plaintiff’s Motion to Reconsider Plaintiff’s Motion to
Preclude Introduction of Infamous Crimes (d/e 111) is ALLOWED in part and
DENIED in part.
ENTER: February 24, 2015
s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE
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