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DECLARATION OF TONI THOMAS IN SUPPORT OF DEFENDANTS’ OPPOSITION TO 

MOTION IN LIMINE TO ADMIT EVIDENCE

Thomas H. Bienert, Jr. (CA Bar No.135311, admitted pro hac vice)

Whitney Z. Bernstein (CA Bar No. 304917, admitted pro hac vice)

BIENERT | KATZMAN PC

903 Calle Amanecer, Suite 350

San Clemente, California 92673

Telephone: (949) 369-3700

Facsimile: (949) 369-3701

tbienert@bienertkatzman.com

wbernstein@bienartkatzman.com

Attorneys for James Larkin

Paul J. Cambria, Jr. (NY Bar No. 1430909, admitted pro hac vice)

Erin McCampbell (NY Bar. No 4480166, admitted pro hac vice)

LIPSITZ GREEN SCIME CAMBRIA LLP

42 Delaware Avenue, Suite 120

Buffalo, New York 14202

Telephone: (716) 849-1333

Facsimile: (716) 855-1580

pcambria@lglaw.com

emccampbell@lglaw.com

Attorneys for Michael Lacey

Additional counsel listed on next page

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff,

vs.

Michael Lacey, et al., 

 

Defendants.

Case No. 2:18-cr-00422-PHX-SMB

DECLARATIOIN OF TONI 

THOMAS IN SUPPORT OF 

DEFENDANTS’ OPPOSITION 

TO GOVERNMENT’S MOTION IN 

LIMINE TO ADMIT EVIDENCE 

(DKT. 931)

Case 2:18-cr-00422-DJH Document 1002-1 Filed 06/08/20 Page 1 of 4
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DECLARATION OF TONI THOMAS IN SUPPORT OF DEFENDANTS’ OPPOSITION TO 

MOTION IN LIMINE TO ADMIT EVIDENCE

Gary S. Lincenberg (CA Bar No. 123058, admitted pro hac vice)

Ariel A. Neuman (CA Bar No. 241594, admitted pro hac vice)

Gopi K. Panchapakesan (CA Bar No. 279856, admitted pro hac vice)

BIRD, MARELLA, BOXER, WOLPERT, NESSIM,

DROOKS, LINCENBERG & RHOW PC

1875 Century Park East, 23rd Floor

Los Angeles, California 90067-2561

Telephone: (310) 201-2100

Facsimile: (310) 201-2110

glincenberg@birdmarella.com

aneuman@birdmarella.com

gpanchapakesan@birdmarella.com

Attorneys for John Brunst

Bruce Feder (AZ Bar No. 004832)

FEDER LAW OFFICE PA

2930 E. Camelback Road, Suite 160

Phoenix, Arizona 85016

Telephone: (602) 257-0135

bf@federlawpa.com

Attorney for Scott Spear

David Eisenberg (AZ Bar No. 017218)

DAVID EISENBERG PLC

3550 N. Central Ave., Suite 1155

Phoenix, Arizona 85012

Telephone: (602) 237-5076

Facsimile: (602) 314-6273

david@deisenbergplc.com

Attorney for Andrew Padilla

Joy Malby Bertrand (AZ Bar No. 024181)

JOY BERTRAND ESQ LLC

P.O. Box 2734

Scottsdale, Arizona 85252

Telephone: (602)374-5321

Facsimile: (480)361-4694

joy.bertrand@gmail.com

Attorney for Joye Vaught

Case 2:18-cr-00422-DJH Document 1002-1 Filed 06/08/20 Page 2 of 4
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DECLARATION OF TONI THOMAS IN SUPPORT OF DEFENDANTS’ OPPOSITION TO 

MOTION IN LIMINE TO ADMIT EVIDENCE

DECLARATION OF TONI THOMAS

I, Toni Thomas, declare as follows:

1. I am a paralegal with the firm of Bienert | Katzman PC, counsel for Defendant 

James Larkin in this action. I make this limited declaration based on personal knowledge and am 

competent to testify to the matters stated herein.

2. On May 21, 2020, I participated in an approximately 50-minute meet and confer 

call regarding the government’s Motion in Limine to Determine Admissibility of Certain Evidence

Dkt. 931. 

3. Call participants for the government were Assistant United States Attorneys 

Reggie Jones and Kevin Rapp.

4. Call participants for the defense were attorneys Whitney Z. Bernstein, Erin M. 

Paris, Ariel Neuman, Gopi Panchapakesan, Bruce Feder, David Eisenberg, and Joy Bertrand.

5. Prior to the call on May 13, 2020, Gopi Panchapakesan sent an email to Reggie 

Jones, copying all defense counsel and government attorneys. A true and correct copy of this email 

appears in Dkt. 977-1.

6. On Wednesday May 20, 2020, Reggie Jones replied to Gopi Panchapakesan’s 

email copying all defense counsel and government attorneys. A true and correct copy of this email 

appears in Dkt. 977-1. 

7. The bullet points of issues/questions and answers provided by the government 

from the May 13, 2020 and May 20, 2020 emails were the guide for the clarification questions 

posed by defense counsel on the call. 

8. Defense counsel asked the government to identify the Defendants against whom 

each exhibit identified in its chart (Exhibit A at Dkt. 931-1) applied and was admissible. For 

example, which Defendant(s) the government believed a party agent’s statement could be 

attributed against and which Defendant(s) the government believed adopted a given statement. 

The government refused to identify the Defendants for whom it contends each of the exhibits 

apply, and said that each exhibit is admissible and relevant to all Defendants. 

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DECLARATION OF TONI THOMAS IN SUPPORT OF DEFENDANTS’ OPPOSITION TO 

MOTION IN LIMINE TO ADMIT EVIDENCE

9. Defense counsel asked the government to identify all members of the conspiracy so 

counsel could assess the government’s contention that various exhibits were admissible as a 

coconspirator statement. The government answered that the conspiracy members include all 

named Defendants, cooperators Ferrer and Hyer, David Elms, William Mersey, and “every 

prostitute or pimp” who emailed Backpage between 2004 and 2018.

10. Defense counsel asked the government to provide the underlying documentation 

that its summary exhibits purported to summarize as revenue from 2013-2015. Counsel explained 

that they could not evaluate the summary exhibit without the underlying records. The government 

stated that information was acquired from tax returns obtained in February of 2019 but reiterated 

its position asserted its February 2019 letter that the government refuses to provide those records. 

The government repeatedly said that it would not provide these underlying records and that 

defense counsel should raise the matter with the Court.

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct. 

Executed this 8th day of June 2020, at San Clemente, California.

s/ Toni Thomas

Toni Thomas

Case 2:18-cr-00422-DJH Document 1002-1 Filed 06/08/20 Page 4 of 4