By JJ MacNab | March 30, 2008
Â Last Monday, I posted the following when describing Jason’s lawyer’s opening argument:
The second issue was Jasonâ€™s role at the Brown’s. According to the lawyer, he went there as a well-meaning college newspaper editor and then later became nothing but the Brownâ€™s errand boy. He claimed that Jason left the house before scary Tannerite bombs and trip wires were installed in order to join the army. The lawyer never did explain why a guy who hates the government and detests the war so much would join the army.
Today, Jason’s defense lawyers made the following motion:
DEFENDANT JASON GERHARDâ€™S
MOTION IN LIMINE TO EXCLUDE STATEMENTS
ATTRIBUTED TO HIM BY ROBERT WOLFE
The Defendant, JASON GERHARD, through his undersigned counsel, respectfully moves this Honorable Court, pursuant to Rules 401, 402 and 403 of the Federal Rules Of Evidence, to exclude statements attributed to him by Robert Wolfe to the effect that the defendant joined the army in order to learn more about explosives and/or weapons. In support of this motion, the defendant states that the admission of this evidence is irrelevant and invites prejudicial speculation from the jury about matters not before them.
No supporting memorandum accompanies this motion because the authorities are contained herein.
The U.S. Attorney objects to this request. The defendant is unaware of what position his co-defendants take on this Moiton. [sic]
Wherefore, the defendant requests that this Court issue an Order precluding the government from offering the evidence and statements discussed herein.
In September 2007,Â Jason Gerhard was arrestedÂ after being indicted in this case while he was in basic training atÂ Fort Leonard Wood in Missouri.Â Â