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- ilnd;;1:16-cv-01963_de722 RegisterActionDate "2020-11-25" @default.
- ilnd;;1:16-cv-01963_de722 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff seeks to exclude the testimony of Robert Jewsbury who was a friend of Plaintiff's when they were both incarcerated together 544 . There are a number of conversations that Defendants seek to admit between Jewsbury and Plaintiff including a conversation they had regarding Plaintiff's case during which Plaintiff referred to the case and to the fact that he had gotten into an argument with his girlfriend. Later, Plaintiff told Jewsbury that he was on sex offender treatment during his release due to the fact that there was semen on his girlfriend. Plaintiff alleges first that this testimony is too speculative due to Jewsbury's tenuous foundation. Second, Plaintiff claims that there is no direct link between the statements and the Trunko murder. Finally, Plaintiff claims that since the facts are divergent from the facts of the evidence that the statements are not relevant. AFC55D8 statements regarding why he is in prison are relevant admissions of a party opponent. It is a reasonable inference to make the connection between Trunko and his "girlfriend" based on the context of the conversation, namely, the criminal case. Plaintiff will have the opportunity at trial to challenge the foundation of those statement, cross-examine Jewsbury about those statements, and argue any reasonable inference that the statements cannot be believed is those inferences are reasonable and based on the evidence. Motion 544 is denied. Mailed notice (lk, ) (Entered: 11/25/2020)" @default.
- ilnd;;1:16-cv-01963_de722 AdministrativeID "722" @default.
- ilnd;;1:16-cv-01963_de722 hasReferenceToOtherEntry ilnd;;1:16-cv-01963_de544 @default.