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United States v. Erdmann

United States District Court, M.D. Florida, Fort Myers Division

April 6, 2017

UNITED STATES OF AMERICA
v.
ERIC DAVID ERDMANN

          ORDER

          SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court upon review of the parties' motions in limine (Docs. 73, 87, 90, 91, 92, 93, 100, 101). The Court held final pretrial conferences on March 15, 2017 and March 16, 2017 regarding the issues raised in the motions. The Court rules on the motions in limine as follows:

         A. The Government's First Motion in Limine

         In its First Motion in Limine (Doc. 73), the Government moved to admit (1) the Defendant Eric David Erdmann's prior conviction in the Multnomah Circuit Court, Multnomah County, Oregon, case number 09-01-30048, DA 2153456-1, for five Counts of violation of Oregon Statute 163.686; (2) evidence associated with that conviction wherein Erdmann acknowledged his sex offender registration requirements; (3) Erdmann's prior sex offender registration and evidence pertaining to the prior registration failures, advisements, and his registration success; (4) evidence of Erdmann's previous 128-day jail sentence in Oregon; (5) evidence of Erdmann's sentence to three years of probation with conditions and violations of those conditions, including the prohibition against contact with children, the prohibition on frequenting places such as schools, the limitations on the use of digital devices, as well as Erdmann's flight from Oregon to Cambodia without updating his sex offender registration; and (6) Erdmann's unmonitored possession of digital devices in Cambodia and in Florida.

         For the reasons stated herein, as well as those on the record:

• The Court denied as moot the Government's request to introduce specific evidence of Erdmann's prior conviction because the parties stipulated to Erdmann's status as a sex offender.
• The Court granted the Government's request to introduce evidence regarding Erdmann's failure to contest his obligation to register as a sex offender, as well as his prior registration successes and failures.
• The Court denied the Government's request to introduce evidence of Erdmann's previous 128-day prison sentence in Oregon.
• The Court denied as moot the Government's request to introduce evidence regarding Erdmann's prohibition against interacting with children, or relating to his unfettered internet access in Cambodia, because the Government withdrew the request.
• The Court granted in part the Government's request to introduce 404(b) evidence of an existing warrant for Erdmann's arrest, but limited the introduction of same to use as rebuttal evidence.

         B. The Government's Second Motion in Limine

         The Government's Second Motion in Limine (Doc. 90), sought to exclude any evidence of Erdmann's injuries in Cambodia. For the reasons established on the record, the Court granted the Government's Motion in part, excluding Defense exhibits A-2, B-2, D-1, D-3, D-4, E-1, E-2, F, and G, and denied the Government's Motion in part, allowing the admission of Defense Exhibits A-1, B-1, B-3, B-5, B-6, C, D-2, I, J-1, and K.

         C. The Government's Third Motion in Limine

         The Government's Third Motion in Limine (Doc. 91), sought to exclude any evidence of Erdmann's post-indictment sex offender registration. For the reasons established on ...


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