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 

MICHAEL BAILEY 

United States Attorney 

ANNA WRIGHT

Assistant U.S. Attorney 

NATHANIEL J. WALTERS 

Assistant U.S. Attorney 

State Bar No.: 029708 

405 West Congress, Suite 4800 

Tucson, Arizona 85701-5040 

Telephone: (520) 620-7300 

E-mail: anna.wright@usdoj.gov nathaniel.walters@usdoj.gov Attorneys for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

 Plaintiff, 

 vs. 

Scott Daniel Warren, 

 Defendants.

CR-18-00223-RCC (DTF) 

GOVERNMENT’S MOTION IN LIMINE 

TO PRECLUDE CERTAIN DEFENSE 

WITNESSES 

The United States of America, by and through its undersigned attorneys, files its 

motion in limine to preclude the defense from calling Dr. Edgar McCullough, Dr. Gregory 

Hess, Dr. Robin Reineke, Margo Cowan, Andy Silverman, Rev. Bethany Russell-Lowe, 

and Maryada Vallet as witnesses at trial. Their testimony is irrelevant and would confuse 

the issues at trial, mislead the jury, unduly delay the trial, waste time, and be cumulative. 

Rule 401 provides that evidence is relevant if “(a) it has any tendency to make a fact 

more or less probable than it would be without the evidence; and (b) the fact is of 

consequence in determining the action.” Fed. R. Evid. 401. Irrelevant evidence is not 

admissible. Fed. R. Evid. 402. To be “relevant,” evidence need not be conclusive proof of 

a fact sought to be proved, or even strong evidence of the same. United States v. Curtin, 

489 F.3d 935, 943 (9th Cir. 2007). All that is required is a “tendency” to establish the fact 

at issue. Id. Also, Rule 403 allows the court to “exclude relevant evidence if its probative 

value is substantially outweighed by a danger of one or more of the following: unfair 

Case 4:18-cr-00223-RCC-DTF Document 215 Filed 05/21/19 Page 1 of 3
- 2 - 

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 

prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or 

needlessly presenting cumulative evidence.” 

On May 15, 2019, counsel for the defendant notified the United States about 

witnesses it planned to call at trial, including the following: 

- Dr. Edward McCullough “may testify about the maps he creates showing the 

locations here human remains are found in the Arizona desert.” 

- Dr. Gregory Hess “may testify about the human remains found in the desert in his 

jurisdiction.” 

- Dr. Robin Reineke “may testify about the crisis of death and disappearance of the 

U.S.-Mexico border.” 

- Margo Cowan, “an attorney and long-time volunteer with No More Deaths[,]... 

may testify about the group’s protocols, the training they provide to volunteers, and the 

history of agreements between Border Patrol and No More Deaths regarding the provision 

of humanitarian aid.” 

- Andy Silverman “may testify about the group’s protocols, the training they provide 

to volunteers, and the history of agreements between Border Patrol and No More Deaths 

regarding the provision of humanitarian aid.” 

- Rev. Bethany Russell-Lowe “is the minister at the Unitarian Universalist Church 

of Tucson. She may testify about the congregation’s adoption as No More Deaths as a 

ministry and the denomination’s broader support for their work.” 

- Maryada Vallet “is a No More Deaths volunteer who distributed the NMD report 

to Border Patrol on the morning of January 17, 2018 and can testify also to the report’s 

wide distribution.” 

Here, the anticipated testimony of the above-listed witnesses is irrelevant as nothing 

in their testimony goes to any element of the charged offenses or any defense. As such, 

none of the above-listed witnesses have testimony that would tend to establish a fact in 

issue. Fed. R. Evid. 401, 402; Curtin, 489 F.3d at 943. In addition, the anticipated testimony 

of the above-mentioned witnesses will do nothing but confuse the issues, mislead the jury, 

Case 4:18-cr-00223-RCC-DTF Document 215 Filed 05/21/19 Page 2 of 3
- 3 - 

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 

unduly delay the trial, waste time, and be cumulative. Fed. R. Evid. 403. As such, the 

United States respectfully requests that the Court preclude the above-listed witnesses from 

testifying at trial. 

 Respectfully submitted this 21st day of May 2019. 

MICHAEL BAILEY

United States Attorney 

 District of Arizona 

 /s/ Anna R. Wright & Nathaniel J. Walters

 ANNA WRIGHT &

 NATHANIEL J. WALTERS 

 Assistant U.S. Attorneys 

Copy of the foregoing served electronically or by 

other means this 21st day of May 2019, to: 

All ECF participants 

Case 4:18-cr-00223-RCC-DTF Document 215 Filed 05/21/19 Page 3 of 3