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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, 

Plaintiff,

v.

RICHARD ALLEN FABEL, 

RODNEY ROLLNESS, 

JOSHUA BINDER, and 

RICKY JENKS, and

PAUL FOSTER,

Defendants.

Case No. CR06-041L

ORDER GRANTING IN PART AND

DENYING IN PART GOVERNMENT’S

MOTIONS IN LIMINE

I. INTRODUCTION

This matter comes before the Court on the Government’s “Motions in Limine” (Dkt.

#420). For the reasons discussed below, the Government’s motion is granted in part and denied

in part.

II. DISCUSSION

A. General Order

As a general matter, defense counsel should refrain from referencing bad acts by

informants that are not already part of the discovery provided by the Government, alleged

homicides by CI-1 or the underlying facts of the felony convictions of any Government

witnesses during opening statements. 

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The Court ruled that both parties may state that defense counsel wanted to interview CI-1 prior

to trial, but that CI-1 declined to be interviewed. 

-2-

B. Motions Related to CI-1

The Government moves in limine to prohibit defendants from cross-examining CI-1 on a

number of topics. Aside from the Government’s motion in limine seeking to prohibit reference

to the defense “interview” of CI-1, which was resolved in court,1

 the Court defers resolution of

these motions until trial. Any outstanding motions related to CI-1 will be addressed prior to

cross-examination.

C. Motions Related to CI-2

The Government moves in limine to prohibit defendants from cross-examining CI-2 on a

number of topics. The Government’s request to prohibit cross-examination on CI-2’s

misdemeanor conviction for negligent driving is granted. The Court denies the Government’s

motion to exclude cross-examination on the question of his felony conviction for vehicular

assault. The Court defers resolution of the remaining motions relating to CI-2 until prior to his

cross-examination.

D. Motions Related to CI-3

The Court grants the Government’s motion in limine to exclude reference to CI-3's arrests

and misdemeanor convictions during opening statements. The Court will revisit the motions in

limine related to CI-3 at trial.

E. Motions Related to Paul Foster

The Government’s motion to prohibit reference to the charges pending against Paul

Foster is granted. The Court will instruct the jury not to speculate about the case against Paul

Foster. 

The Court is currently considering whether to conduct a Daubert hearing in connection

with evidence related to Paul Foster’s polygraph examination. The Court will not address that

issue in this order.

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-3-

F. Motions Related to Witness S.L.

The Government moves in limine to preclude the defense from questioning S.L. on the

underlying facts surrounding his prior convictions. The Government’s motion is denied.

G. Motions Related to Witness L.S.

The Government moves in limine to prevent the defense from inquiring about L.S.’s past

convictions for burglary in the second degree in 1970, statutory rape in the third degree in 1977,

and a misdemeanor conviction for simple assault in 1985. The Court grants the Government’s

motion on the statutory rape and simple assault convictions. Whether defendants may inquire

about L.S.’s burglary conviction is a question reserved for trial.

H. Motions Related to G.B.

The Court grants the Government’s motion in limine to preclude the defense from

inquiring about G.B.’s arrest history on cross-examination. The Court defers until trial the

question of whether the defense may inquire about G.B.’s use of medications.

I. Motions Related to C.H.

The Court grants the Government’s motion in limine to preclude the defense from

inquiring about C.H.’s juvenile conviction for rape of a child in the first degree on crossexamination. 

J. Motion to Preclude Reference to FBI Errors

The Court denies the Government’s request to prohibit the defense from inquiring about

instances of FBI fingerprint identification errors.

K. Motion to Preclude Reference to Potential “Other Suspects” Based On Hearsay

For the purposes of opening statements, the Court grants the Government’s motion in

limine to prohibit the defense from referencing the investigation of “other suspects” where those

investigations were based on unsubstantiated tips. The Court will revisit this issue again at trial.

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III. CONCLUSION

For the foregoing reasons, the Government’s motion in limine (Dkt. #420) is GRANTED

IN PART and DENIED IN PART.

DATED this 19th day of February, 2007.

A

Robert S. Lasnik

United States District Judge

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