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Case: 2020r00708-PFN Document: 61903 Filed: 11/10/20 Page: 13 of 623 L9L5ber1
1 not crossing the 403 line here. We think it is important that
2 the jury understand the nature of these injuries and how they
3 could lead to his death and what the injuries were during the
4 intervening time between the shooting and the autopsy. We are
5 not looking to be gratuitous or to pile on here.
6 THE COURT: Yes. Well, it's clearly a 403 line here.
7 You have cumulativeness with the medical testimony, you have
8 graphic descriptions from a relative who cared for the victim
9 which could very well produce sympathies and prejudice that
10 would interfere with and overcome the medical facts that you
11 need for purposes of proving causation. So, because this
12 witness is testifying first it's difficult for me to know
13 exactly what additional facts you need to extract from the
14 witness but I am certainly going to cut off the line at any
15 graphic descriptions. To the extent that walking this person
16 through questions regarding the medical condition is emotional
17 testimony, I think we are -- it will have to be stopped.
18 So, I think what you need to think about is what --
19 and I'm going to allow a little bit of leading to ask the
20 specific factual questions you believe that you need and that
21 are not cumulative with the medical testimony, but I'm going to
22 guard this line very carefully, and you should too.
23 MR. HOBSON: Your Honor, I understand that. I will
24 say that in meeting with this witness we have tried to follow
25 that line and I am -- with the ability to maybe construct some
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00011128