Bakshinian

[AMENDED] ORDER RE MOTIONS IN LIMINE

The government has charged defendant Gregory Ivan Bakshinian with possession of a counterfeit security and attempted bank fraud. The government alleges that Bakshinian committed these crimes as part of a conspiracy with Bahrain Khan Nabaie and Mkrtych Karagezyan. The Court granted a motion to sever the defendants’ trials and Nabaie has already been tried and convicted.

Bakshinian now moves in limine to admit a statement made by the government in closing argument in the Nabaie trial. Bakshinian claims that the government’s argument in the Nabaie trial asserts a theory of events that exculpates Bakshini-an. Bakshinian therefore moves to introduce that statement at his trial. Additionally, Bakshinian moves in limine to prevent the government from asserting any theory at Bakshinian’s trial that contradicts the theory presented by the government at Nabaie’s trial.

The statement from Nabaie’s trial that Bakshinian seeks to introduce reads:

(Mot. at 2 & Ex. A.)

Bakshinian asserts that this statement is admissible as an admission of a party opponent pursuant to Federal.Rule of Evidence 801(d)(2)(A). The government asserts that the statement should…