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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 

E-mail: 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, 

 Defendant.

18-CR-223-TUC-RCC (DTF) 

GOVERNMENT’S MOTION IN LIMINE 

TO PRECLUDE IRRELEVANT 

EVIDENCE 

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

motion in limine to preclude the defense from introducing into evidence a video produced 

by Vice TV and an autopsy report as inadmissible under Rules 401, 403 and 802. 

I. Legal Summary 

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. 

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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 prejudice, 

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

presenting cumulative evidence.” 

Rule 802 provides that, unless an exception applies, hearsay is not admissible. 

Exceptions to the rule against hearsay can be found in Rules 801 and 803. 

II. Discussion 

Recently, counsel for the defendant provided disclosure in this matter of items the 

defense intends to introduce as evidence during its case-in-chief, including a video 

produced by Vice TV and an autopsy report. Both items are irrelevant to this case, are 

unduly prejudicial and contain inadmissible hearsay. 

The video produced by Vice TV contains interviews with members of Aguilas Del 

Desierto, as well as footage of their activities. It does not contain any content related to the 

facts of this case, the defendant or No More Deaths. As such, it is irrelevant under Rule 

401. Because it is patently irrelevant, introduction of the video would confuse the issues, 

cause undue delay, and waste time under Rule 403. In addition, the video’s content is 

hearsay since no person who appeared in the video or produced the video has been noticed 

as a witness for the defense. As such, it is inadmissible hearsay under Rule 802. 

The autopsy report concerns human remains found by a No More Deaths volunteer 

and recovered by the Pima County Sheriff’s Office on January 14, 2019. There is no 

evidence that this individual was involved in the events underlying this case or that his 

autopsy is relevant to any fact of consequence in this case. As such, it is irrelevant under 

Rule 401. Because it is patently irrelevant, introduction of the video would confuse the 

issues, cause undue delay, and waste time under Rule 403. Finally, the autopsy report is 

hearsay, since it was authored by a person who has not been noticed as a witness and relies 

on information obtained from other non-witnesses. As such, it is inadmissible hearsay 

under Rule 802. 

/// 

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III. Conclusion 

 For the reasons discussed about, the Court should preclude the defense from 

introducing into evidence a video produced by Vice TV and an autopsy report as 

inadmissible under Rules 401, 403 and 802. 

 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 

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