Prosecutor Tricks

An example below of the tricks prosecutors will use...this is an actual motion filed in one of Jamie's court cases..

THE STATE OF TEXAS             

VS.

(Defendant’s name removed)

STATE’S FIRST MOTION IN LIMINE

Now comes the State of Texas by and through the McLennan County District Attorney, JOHN W. SEGREST and moves this Court to instruct the Defendant, attorneys for the Defendant and each and every witness for the defense in this cause not to allude to, refer to, or in any manner bring before the jury, whether as a panel or a jury selected to try this case, the following matters, to wit:

1. That no vehicles, signs, or advertisements which address the offense of driving while intoxicated, the services of Mr. Balagia’s office, or any such closely related matters be allowed to park within view of persons called to the court house to serve for jury duty. This issue is raised as the Defendant’s attorney has been known to park vehicles advertising his services and the merits of DWI cases within view of the jury pool on days prior to and during trial. These advertisements serve to taint the jury pool before they arrive in the court room and counsel should thus be ordered to refrain from utilizing them.
2. That there be no discussion of Mr. Balagia’s former service as a peace officer before the jury. Counsel is not serving as a witness in the case, and discussion of such matters would only serve as testimony to prejudice the jury.
3. That there be no discussion of Mr. Balagia’s qualifications to administer sobriety determining examinations. Counsel is not serving as a witness in the case, and discussion of such matters would only serve as testimony to prejudice the jury.

The above matters should not be alluded to, inferred, or otherwise mentioned without first approaching the bench and obtaining, outside the presence and hearing of the jury, a ruling on the admissibility of said matters.

WHEREFORE, the State prays this Motion in Limine be in all things granted.

Respectfully submitted,

Robert G. Callahan II

Assistant District Attorney

McLennan County, Texas

219 N. 6th Street, Suite 200

Waco, Texas 76701