The opinion of the court was delivered by: The Honorable Manuel Real United States District Judge
ORDER DENYING DEFENDANT'S MOTION FOR PRETRIAL DISCLOSURE AND REQUEST FOR A HEARING REGARDING CO-CONSPIRATOR STATEMENTS (Doc. No. 609) AND FINDINGS THERETO
Having heard from plaintiff, the United States of America, by and through its counsel of record, the United States Attorney for the Central District of California, and defendant JOSE ALFARO, by and through the authorized representative of his counsel of record, James Cooper, at a hearing held before this Court on September 16, 2010, and good cause appearing, the Court hereby FINDS AS FOLLOWS
1. The Court read and considered Jose Alfaro's Motion for Pretrial Disclosure of Co-Conspirator Statements (Doc. No. 609) and the government's opposition thereto.
2. The Court, after carefully considering the pleadings, declarations and documents filed by the parties, as well as the argument presented at the hearing, orally denied the defendant's Motion for Pretrial Disclosure. This Order will supplement the Court's oral ruling denying the motion. In connection with this Order, the Court makes the following Findings of Fact and Conclusions of Law.
3. On September 16, 2010, this Court held a hearing on the motion. Defendant appeared in person with his counsel of record. After affording the parties opportunity for argument, the Court denied defendant's Motion to For Disclosure of Co-Conspirator Statements. The Court considered United States v. James, 590 F.2d 575 (5th Cir. 1979) and finds that the trial court's threshold determination of admissibility of co-conspirator statements is normally to be made during the presentation of the government's case in chief.
4. The Court finds that the determination of admissibility is made during trial because it hinges on whether the government has introduced evidence to show that there was a conspiracy involving the defendant and that the statement was made during the course of the conspiracy and in furtherance of the conspiracy.
5. The Court finds that any determination regarding the admissibility of such statements prior to trial would be premature.
THEREFORE, FOR GOOD CAUSE SHOWN: IT IS HEREBY ORDERED that defendant Jose Alfaro's motion for pretrial disclosure and request for a hearing is denied.
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