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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 TO 

CLARIFY COURT’S ORDER AS TO 

DEFENDANT’S MOTION TO PRECLUDE 

IRRELEVANT EVIDENCE OF 

CONSPIRACY 

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

moves the Court for clarification of its Order addressing the defendant’s Motion to 

Preclude Irrelevant Evidence of Conspiracy. See Doc. 353 at 1. The defendant previously 

moved to preclude certain testimony from the material witness depositions, the security 

camera footage from two gas stations, and the “selfies” taken by the material witnesses 

prior to their arrival at the Barn. Doc. 315. The Court granted the motion in part and denied 

it in part. Doc. 353 at 1. In order to fully comply with the Court’s ruling, the government 

seeks further clarification. 

In ruling on the motion, the Court precluded evidence of the material witnesses’

journey from Mexico to the United States as irrelevant but found that the material 

witnesses’ statements to the defendant about their journey relevant. Id. The material 

witnesses told the defendant about their journey from Mexico to the United States and 

Case 4:18-cr-00223-RCC-DTF Document 356 Filed 10/25/19 Page 1 of 2
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arguably only left out their journey from the second gas station to the Barn. See Doc. 315-

1 at 21:23-22-4; Doc. 315-2 at 21:7-24. Accordingly, the government proposes to further 

redact the video depositions to remove only testimony about the material witnesses’ 

journey from the second gas station to the Barn as follows: 

• Doc. 315-1 at 14:18-19:2, 21:25-22:2, 46:7-9 

• Doc. 315-2 at 13:10-13, 13:17-19, 15:11-18:19, 52:18-53:2 

The government seeks clarification from the Court now so that it may have sufficient time 

to make any redactions to the recordings. 

In addition, the government seeks clarification as to the extent of the Court’s ruling 

that the government can play “the video at the gas station since the extent of the migrants’ 

injury is still an issue in the case.” Doc. 353 at 1. During the first trial, the government 

introduced security camera footage from both gas stations, as well as selfies taken by the 

material witnesses at the second gas station, to show the material witnesses’ illegal 

presence in the United States and their physical condition in the hours just before they 

arrived at the Barn. Based on the reasoning set out in the Court’s order, the government 

requests clarification such that it be allowed to present the security camera footage from 

both gas stations, as well as selfies taken by the material witnesses at the second gas station.

 Respectfully submitted this 25th day of October, 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 25th day of October, 2019, to: 

All ECF participants 

Case 4:18-cr-00223-RCC-DTF Document 356 Filed 10/25/19 Page 2 of 2