Spiess et al v. Pocono Mountain Reginal Police Department et al

Filing 152

ORDER (memorandum filed previously as separate docket entry), re Motions in Limine ; SEE ORDER FOR SPECIFICSSigned by Honorable James M. Munley on 1/14/15. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM SPIESS; KASHEEN
THOMAS; GENE THOMAS, II;
JALEEL HOLDEN and JOSE
LACEN,
Plaintiffs
v.

:
No. 3:10cv287
:
:
(Judge Munley)
:
:
:
:
MICHAEL RAKACZEWSKI, Esquire :
and WENDY BENTZONI
:
Defendants
:
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 14th day of January 2015, the parties’
motions in limine are GRANTED in part and DENIED in part as follows:
1.

Plaintiffs’ motion to preclude from trial any evidence regarding
plaintiffs’ settlement with the police detectives (Doc. 135) is
GRANTED;

2.

Plaintiffs’ motion to preclude from trial any evidence of Plaintiff Jose
Lacen’s juvenile sexual assault prosecution (Doc. 136) is
GRANTED;

3.

Plaintiff’s motion to preclude evidence or testimony from Dr. Andrea
Taroli (Doc. 137) is GRANTED to the extent that the court will limit
Dr. Taroli’s testimony to her forensic interview and examination of AJ

on February 11, 2008, and any and all information she conveyed to
Detective Luthcke and Defendant Bentzoni on that day;
4.

Plaintiffs’ motion to preclude statements from plaintiffs’ criminal
defense attorneys made following the dismissal of the criminal
charges against plaintiffs (Doc. 138) is GRANTED as unopposed;

5.

Plaintiffs’ motion to exclude from trial any evidence pertaining to the
defendants’ and police detectives’ beliefs that plaintiffs raped AJ and
TM (Doc. 139) is DENIED; and

6.

Defendants’ omnibus motion in limine (Doc. 140) is GRANTED in
part and DENIED in part as follows:
a.

Defendants’ motion to preclude from trial any evidence of
charges against Kadeem Allison is DENIED;

b.

Defendants’ motion to exclude from trial evidence regarding
the police detectives’ alleged racial comments made during
plaintiffs’ interrogations is GRANTED as unopposed;

c.

Defendants’ motion to preclude from trial any evidence
pertaining to Defendant Rakaczewski’s failure to prosecute AJ
and TM for perjury after the preliminary hearing is GRANTED;

d.

Defendants’ motion to preclude from trial any evidence of the
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alleged victims’ subsequent criminal histories is GRANTED;
and
e.

Defendants’ motion to preclude from trial any evidence from
Dr. Martinelli regarding Defendant Rakaczewski’s fitness as a
prosecutor is GRANTED as unopposed.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

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