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U.S. v. DIPIETRO

United States District Court, S.D. New York


June 27, 2005.

UNITED STATES OF AMERICA,
v.
ANGELO DIPIETRO ET. AL., Defendant.

The opinion of the court was delivered by: SHIRLEY KRAM, Senior District Judge

OPINION & ORDER

Defendant Angelo Capalbo seeks to introduce purported summary charts into evidence through proposed witness, Mary Woods.*fn1 Last week, the Court denied Capalbo's attempt to call Ms. Woods in order to introduce the charts, finding that the charts were unreliable, misleading, and not competent evidence. Having now revised the charts, Capalbo again seeks to introduce them through Ms. Woods. That request is denied. The charts, at least three different versions of which were sent to the Court over the weekend, are not evidence; instead, they appear to be the defendant's interpretation of the evidence. At best, the charts are argument, more properly suited for summation. Counsel for Defendant Angelo Capalbo, William I. Aronwald, also indicates that he intends to call as a witness Assistant United States Attorney Leslie Brown (the initial AUSA assigned to this case) to explore the scope of any possible contact between Ms. Brown and the Manhattan District Attorney's Office regarding the prosecution of cooperating witness Din Celaj. The Court will not permit Ms. Brown to testify. Even if Capalbo could establish that: 1) the Government made a false representation to the Court with respect to Celaj's prosecution; 2) that a benefit was conferred on Celaj by charging him federally with felonies; and 3) that Celaj knew about that benefit — which he quite clearly cannot — the suggested testimony is wholly irrelevant. Moreover, calling AUSA Brown is clearly inappropriate impeachment through extrinsic evidence.*fn2 See FRE 608(b).

SO ORDERED.


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