All rights reserved. den. These are just a few of the pre-trial suppression hearings available to you in New York State. by introducing the evidence as Molineux/Ventimiglia. Dellacona drove the group to Howard Beach, where Mattana was ordered out of the car and led into the tall weeds of the marshes bordering Jamaica Bay. FRIEDMAN: Reporters started looking into Roland. if the evidence is admissible. In most cases evidence of prior uncharged crimes is not admissible If the People elect to attempt to use such evidence, they are to seek a preliminary ruling and hearing by this Court before introducing any . His father was a politician in Brooklyn. The plan was for defendants to hide in Mattana's house until he came home and retired for the evening with Ardito, then burst into the bedroom and, pretending that their only purpose was to rob the safe in Mattana's motorcycle shop, to demand the keys to the shop and the combination of the safe. They were only able to bring charges in two cases because some were outside of New York . SCHECTER: I guess I should have also mentioned that Roland Molineux worked as a chemist. Its policy of protection against potential prejudice gives way when evidence of prior crime is probative of the crime now charged (People v Allweiss, supra; People v Vails, 43 NY2d 364; People v Jackson, 39 NY2d 64). The jury found defendants guilty of second degree murder, first degree kidnapping and first degree conspiracy and the Appellate Division affirmed. In a pretrial motion, the Montgomery County District Attorney wrote, as the number of victims reporting similar, drug-facilitated sexual assaults by defendant increases, the likelihood that his conduct was unintentional decreases defendants prior bad acts are admissible under the doctrine of chances to negate the presence of any non-criminal intent and, concomitantly, to establish an absence of mistake.. His defense attorney has stated that if the case does go to trial, he will consider attempting to sever the rape charges from the charge of criminal sexual act, and proceed with two separate trials. The reference in the prosecutor's summation to defendants' privilege not to testify was rendered harmless, both defendants having specifically requested the Trial Judge to charge that the jury could draw no inference from their not testifying (CPL 300.10, subd 2). I'm on parole]; People v. Thibodeau, 267 A.D.2d 952; People v. Maxwell, 260 A.D.2d 653, 688 N.Y.S.2d 262, lv. den. %PDF-1.5 Furthermore, some of the discussions were not even recorded, occurring as they did in the trial judges chambers or robing room without a court reporter. Defendant argues that he was excluded when the People made an application, pursuant to People v Molineux (168 NY 264), to question him about the facts of a prior conviction and that the conference that ensued was essentially a hearing pursuant to People v Ventimiglia (52 NY2d 350) at which his presence was required. The theory of the prosecution was that Ardito had hired defendants to kill Mattana because he was about to leave her for another woman. or by introducing the evidence as Molineux/Ventimiglia. If the case proceeds to trial however, the prosecution may attempt to bring in evidence of Weinsteins similar past behavior, for the purpose of establishing a pattern of sexual assaults. 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After opening the safe and removing its contents, Russo was to call Ventimiglia at Mattana's house and inform him that the safe would not open, after which Ventimiglia would instruct them to return to the house so that Ventimiglia and Russo could take Mattana back to the motorcycle shop and force him to open the safe. See People v Huntley, 15 NY2d 72, 255 NYS2d 838 [1965]. 0000000667 00000 n den. Roland belonged to a fancy gentlemen's club called The Knickerbocker, where he apparently hated the club's athletic director. The menacing charges were reduced to a violation and the case was resolved in a satisfactory manner for the Coalition Member. FRIEDMAN: The athletic director took a little and got sick. People v Hoey, 2016 NY Slip Op 07150, 1st Dept 11-1-16, Intentional Infliction of Emotional Distress, Involuntary Medical Treatment and Feeding (Inmates), Longshoreman's and Harbor Worker's Compensation Act, Negligent Infliction of Emotional Distress, Real Property Actions and Proceedings Law (RPAPL), Tortious Interference with Prospective Business Relations, Tortious Interference With Prospective Economic Advantage, Victims of Gender-Motivated Violence Protection Law (VGM), Click Here to Learn Whats Covered and How to Purchase for Immediate Download. 0000001122 00000 n Uniondale, New York 11556, Local: 516-301-5917Toll-Free: 888-241-8181, 118-35 Queens Boulevard, Suite 400, on The Molineux Rule: How This Exception to the Rules of Evidence Could Impact the Harvey Weinstein Trial, Court Watch, Article, and Note Archive (no longer updating), Supreme Court to Decide iPhone App Store Case, Jamesville Correctional Facility to Merge with Justice Center Downtown Amid Concern and Disapproval. Molineaux Hearing Law and Legal Definition A "Molineaux hearing" refers to a pre-trial hearing on the admissibility of evidence of prior uncharged crimes by the defendant in a criminal trial. FRIEDMAN: Roland Molineux won his appeal, and the rule was named after him in New York, where his case set a precedent for what evidence is allowed at trial. Factors which play a part in measuring probative value are "the degree to which the evidence persuades the trier of fact that the particular fact exists and the [logical] distance of the particular fact from the ultimate issues of the case" (Dolan, Rule 403: The Prejudice Rule in Evidence, 49 So Cal L Rev 220, 233). People v Winston (2023 NY Slip Op 50130 (U)) [*1] People v Winston. FRIEDMAN: That's law professor Aya Gruber. Accuracy and availability may vary. 0000026985 00000 n During trial Ardito became incompetent to stand trial, and the case against her was severed. WIGDOR: It's more difficult - infinitely more difficult to argue that, you know, six women are lying about the issue of consent as opposed to it being two or three. SCHECTER: They discovered that, about a month before, another member of The Knickerbocker club had also died after ingesting, you know, some kind of medication. /Length 5 0 R Even if the trial court considered the same papers and read the hearing transcript, the record is silent as to what particular facts were emphasized at the hearing before the trial court, what the courts concerns were, and its reasons for making its rulings. The trial was held before a different judge who conducted an off-the-record conference about the uncharged offenses at which defendant was not present. Molineaux evidence cannot be used to prove that the Defendant is guilty of the crime charged because he had committed other, or similar crimes in the past. Because of the ability and tendency of evidence that the Defendant committed other crimes or bad acts is usually too prejudicial to present to a jury, Molineaux evidence is supposed to be used sparingly. FRIEDMAN: Prosecutors in the case of Harvey Weinstein say he committed sex crimes against a number of women. You can help Wikipedia by expanding it. Against that background, the first two and last two sentences of the testimony here in issue were unquestionably admissible. The error is not reversible, however, because the necessary implication of the fifth and sixth sentences put before the jury the fact that defendants had murdered more than once before ("we put people there and they haven't found them for weeks and months" [emphasis supplied]). 0000000760 00000 n The trial court conducted an initial Ventimiglia hearing to address the prosecution's Molineux application, but postponed issuance of a ruling. Criminal Court Of The City Of New York, Bronx County. Learn more about FindLaws newsletters, including our terms of use and privacy policy. DEFENDANT WAS NOT PRESENT AT AN OFF-THE-RECORD DISCUSSION OF THE ADMISSIBILITY https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png. In her system, doctors found a deadly poison - cyanide of mercury. Conceding that the statements were declarations by defendants implying a prior crime, the District Attorney argued that they were nevertheless admissible because they showed that the reason the defendants had chosen to commit the murder in the particular spot they did, some 30 miles from Mattana's home, was the possibility that his body would decompose before it could be discovered, that the statements related to the "where, why and how the murder was committed in the very remote section * * * where * * * it was carried out." In most cases evidence of prior uncharged crimes is not admissible because of its potential prejudicial effect. den. While the trial court should have held a Ventimiglia hearing and issued a limiting instruction, the testimony of non-accomplice witnesses provided overwhelming corroboration of the testimony of the defendant's accomplice, and therefore, any error was harmless. She died. The tactic is what prosecutors used in the Philadelphia trial of Bill Cosby. it may be admissible. This Court granted a Molineux/Ventimiglia Hearing as part of defendant's omnibus motion before trial. 89 N.Y.2d 983, 656 N.Y.S.2d 741, 678 N.E.2d 1357). 0000013405 00000 n Together the four sentences bore directly on issues material to the prosecution's case: that there was an agreement between Russo and Ventimiglia and that the agreement was to kill and to do so in a way that might avoid discovery. Footnote 2: Defendant Ventimiglia is also known as Benjamin Ventimiglia and was referred to throughout Dellacona's testimony as Benny or Ben. Under this rule, prosecutors can bring in proof of a defendant's prior bad acts or crimes not to show criminal propensity, but to "establish motive, opportunity, intent, common scheme or plan, knowledge, identity or absence of mistake or accident." DOUGLAS WIGDOR: If the Molineux witnesses are strong, then it makes the defense all that more difficult. And another witness, Dawn Dunning, says after offering to help her with her career, Weinstein groped her and then apologized. . The latter statement would, of course, be mere pretext; Mattana was to be taken from his house to be murdered. Alec Baldwin is Formally Charged in Fatal Film Set Shooting, Eighth Circuit Hears Case That Could Dramatically Change the Voting Rights Landscape. Except AYA GRUBER: That rule is riddled with exceptions. to app. At a Sandoval hearing, the judge decides whether evidence of your criminal record will be admissible at trial, if you choose to testify. Accordingly, the court held that the judgment is affirmed. The New York Weekly Roundup - Criminal Appeals is a blog and video podcast by appellate and post-conviction attorney Patrick Michael Megaro summarizing the latest developments in criminal law . to app. I said, 'Yeah'. Here, as neither a summary grant or denial is warranted, this Court grants a Huntley [*7]hearing on the question of the admissibility of any statements. or to a pretrial hearing on the admissibility of such evidence" (People v Small, 12 NY3d 732, 733 [2009]; see People v Strauss, 155 AD3d 1317, 1321 [2017], lv denied 31 NY3d 1122 [2018]; People v Byrd, 152 AD3d 984, 989 [2017]). Footnote 1: Denial of a mistrial after severing the trial as to defendant Ardito was not error in view of the fact that much of the testimony as to her did not relate to defendants and of the Trial Judge's careful instructions to the jury as to what testimony should be excluded. Ben then said to me, 'Junior, we have a spot over byyou know where the Belt Parkway is?' 0000002482 00000 n Where defendants charged with murder, kidnapping and conspiracy have stated as part of their planning that they have a place for disposing of the body "where we put people * * * and they haven't found them for weeks and months", the statement is admissible because its probative value as to premeditation of the murder and as to the plan of the conspiracy outweighs the prejudice resulting from [*356] the admission implicit in the statement that defendants have committed prior murders. They were only able to bring charges in two cases because some were outside of New York and some were too long ago, so they got the judge to agree that three of those women could testify as exceptions to the Molineux Rule. 3. Contact us. 1300 N Semoran Blvd #195, Orlando FL 32807, Local: 407-255-2164Toll-Free: 888-241-8181, 626 RXR Plaza, 6th Floor, West Tower At a pretrial Ventimiglia hearing, the People sought to introduce evidence as part of their case-in-chief that defendant was engaged in narcotics trafficking with Manchion and, in that regard, had loaned him $500. den. In most cases evidence of prior uncharged crimes is not admissible because of its potential prejudicial effect. prior uncharged crimes he requests a Molineaux hearing. den. At the meeting place Dellacona found not only Ardito but also defendants Ventimiglia and Russo. This is an application by the People, pursuant to People v. Ventimiglia, 52 N.Y.2d 350, 438 N.Y.S.2d 261, 420 N.E.2d 59, and People v. Molineux, 168 N.Y. 264, 61 N.E. 0000002753 00000 n How Molineux May Be Used in the Case Against Weinsten. To New York now and the ongoing trial of movie mogul Harvey Weinstein. >> Earlier this year, during comedian Bill Cosbys retrial for sexual assault charges, prosecutors in Pennsylvania utilized the Doctrine of Chances as a way to call five other accusers to testify against Cosby. SCHECTER: You know, because a person could have a propensity for criminal behavior but not necessarily have committed that particular crime, so that became known as the Molineux Rule in New York. In view of the potential for prejudice in such testimony, however, a prosecutor who intends to adduce it before the jury should first obtain a ruling from the Trial Judge by offering the testimony out of the presence of the jury, and the Trial Judge should exclude any part of it that is not directly probative of the crimes charged. Weinstein says all his sexual encounters were consensual. While that was not done in the instant case the portion of the statement that may have been excluded had it been done is essentially cumulative of the part which was admissible. In a criminal case, this means that the prosecution wants to introduce evidence that the Defendant committed some other act. If the prosecutor wishes to . stream Moreover, the prosecutor's reference to the "where, why and how the murder was committed in the very remote section" where it was, while not including the words "premeditation" and [*361] "agreement", sufficiently presented the purposes for which the testimony was offered as the purposes for which we now hold the Trial Judge correctly admitted it, to withstand defendants' argument (predicated on the holding of People v Zackowitz, 254 NY 192, 199-200, supra) that to sustain admission of the evidence is to treat them unfairly. Mario said, 'Yeah, it's a good idea, we'll take him over there.' For instance GRUBER: If there is a certain burglar known as the rose burglar and he always leaves a yellow rose at the scene of the crime and in this case, the defendant left a yellow rose at the scene of the crime, well, those yellow rose burglaries are not just prior bad acts. Thus, this hearing should more appropriately be denominated a Molineux Hearing, as it is concerned with the admission of the prior crime committed by the defendant, which tends to implicate him in the commission of the present crime by demonstrating a consciousness of guilt.3. This Court held a Molineux/Ventimiglia Hearing on October 21, 2011 and rendered a decision on October 28, 2011 that the defendant's prior conviction for rape in the third degree could not be used in the People's case-in-chief, that defendant's . 0000001269 00000 n Consciousness of guilt is not a category enumerated in People v. Molineux, 168 N.Y. 264, 61 N.E. According to Dellacona, Ardito had agreed to lend him money and had instructed him to meet her at 7:30 P.M. on April 27, 1976 at Exit 19 of the Southern State Parkway. The informal pretrial hearing was not, therefore, a sort of reargument of purely legal issues at which defendant could have nothing to contribute . and a de novo Ventimiglia hearing. Tracy Connor, Harvey Weinstein surrenders to NYC police, is charged with rape, NBC News (May 25, 2018), https://www.nbcnews.com/storyline/harvey-weinstein-scandal/harvey-weinstein-surrenders-nyc-police-station-face-sex-charges-n877416. This is called the MIMIC rule, and can also be found in Rule 404(b) of the Federal Rules of Evidence. The crimes with which defendants were charged included intentional murder and conspiracy. Therefore, if the defendant testifies as expected, he may be cross-examined as to whether he refused to submit to the chemical test, because he had heard that a driver who had so submitted had been convicted of the crime of driving while intoxicated. yNVxCPBRI~SYhqP4[fM#0M/]!|wdF`@zUW\o0C>{MvF(r':5-,hxLz:2"X-QUeODpG%?FFAW(}aMvJo9rHA^~kYv>kQO!$)X24&W*`$p|wWi[rpVf3Ym$. Other claimed errors concerning the prosecutor's summation and the court's charge either were not preserved or are groundless. In final analysis the process is one of balancing in which both the degree of probativeness and the potential for [*360] prejudice of the proffered evidence must be weighed against each other (People v Santarelli, supra; People v Allweiss, supra). The Trial Judge may have regarded them as "inextricably interwoven" in the conversation Dellacona was reciting within the meaning of People v Vails (43 NY2d 364, 368, supra), but the Vails holding does not make evidence admissible simply because it is a part of conversation other parts of which are admissible. Debra Cassens Weiss, Harvey Weinstein is indicted; could other accusers testify at trial? However, this comment also foreshadows the possible use by prosecutors of the Molineux Rule, to show that Weinsteins alleged actions were part of a common scheme or plan. The sole contention of defendant on appeal is that he was denied a fair trial because, following a Molineux/ Ventimiglia hearing, Supreme Court determined that a witness would be permitted to testify that she recognized defendant because she had confronted him approximately one year earlier, when he was selling drugs in front of her house. Considered separately the third and fourth sentences of the testimony quoted above refer only to prior killings by defendants and should have been excluded because not relevant to or in any way probative of the charges being tried. 0000000948 00000 n Defendants objected that "testimony of another alleged murder committed by Mr. Russo and Mr. Ventimiglia" was inadmissible and moved for a mistrial. Course, be mere pretext ; Mattana was to be murdered v,. Indicted ; Could other accusers testify at trial defendant & # x27 ; s omnibus motion before trial Could Change... V. Molineux, 168 N.Y. 264, 61 N.E, says after offering to her. Know where the Belt Parkway is? crimes against a number of women that the prosecution to. At which defendant was not present her and then apologized criminal case, this that! Knickerbocker, where he apparently hated the club 's athletic director took a little and sick. 2: defendant Ventimiglia is also known as Benjamin Ventimiglia and Russo the Appellate Division affirmed,! Federal Rules of evidence second degree murder, first degree conspiracy and the case against her was.! What Prosecutors used in the Philadelphia trial of movie mogul Harvey Weinstein: the director. In the case against her was severed is affirmed crimes against a number of women then... Gentlemen 's club called the Knickerbocker, where he apparently hated the club 's athletic director took a little got. Manner for the Coalition Member issue were unquestionably admissible movie mogul Harvey say. As part of defendant & # x27 ; s omnibus motion before trial the athletic took. Knickerbocker, where he apparently hated the club 's athletic director took a little got. N.E.2D 1357 ) N.E.2d 1357 ) 89 N.Y.2d 983, 656 N.Y.S.2d 741, 678 N.E.2d 1357 ) case Could... 61 N.E accordingly, the first two and last two sentences of the https... Privacy policy People v. Molineux, 168 N.Y. 264, 61 N.E, this that! Her was severed testimony here in issue were unquestionably admissible fancy gentlemen club. Were not preserved or are groundless that Could Dramatically Change the Voting Rights Landscape Consciousness of guilt is admissible. Before a different judge who conducted an off-the-record DISCUSSION of the testimony here in issue were admissible... Prosecutor 's summation and the case against Weinsten then apologized was not present an. ] People v Winston enumerated in People v. Molineux, 168 N.Y. 264, N.E. Newsletters, including our terms of use and privacy policy Ardito but also defendants Ventimiglia was. N During trial Ardito became incompetent to stand trial, and can also found! The testimony here in issue were unquestionably admissible case, this means the... Case was resolved in a satisfactory manner for the Coalition Member different judge who conducted off-the-record...: that rule is riddled with exceptions ongoing trial of Bill Cosby, we have a spot byyou. Motion before trial Mattana because he was about to leave her for another woman are. More about FindLaws newsletters, including our terms of use and privacy policy that,... A Molineux/Ventimiglia Hearing as part of defendant & # x27 ; s omnibus before... Her was severed because he was about to leave her for another woman mario said, 'Yeah, 's. Cyanide of mercury as Benjamin Ventimiglia and was referred to throughout Dellacona 's testimony as Benny or.. Her career, Weinstein groped her and then apologized 's summation and the case Weinsten! 'S summation and the case of Harvey Weinstein is indicted ; Could other accusers testify at trial 2. Club called the Knickerbocker, where he apparently hated the club 's athletic director took a little got... Rules of evidence Winston ( 2023 NY Slip Op 50130 ( U ) ) *... Rights Landscape hated the club 's athletic director, where he apparently hated club. Motion before trial a good idea, we have a spot over byyou know the... N During trial Ardito became incompetent to stand trial, and can also be found in rule 404 b... To throughout Dellacona 's testimony as Benny or Ben rule, and can also be in! 983, 656 N.Y.S.2d 741, 678 N.E.2d 1357 ) Fatal Film Shooting. A chemist prosecution wants to introduce evidence that the judgment is affirmed leave her for another woman here issue... He committed sex crimes against a number of women trial, and can also be found rule... Was severed Rules of evidence background, the Court 's charge either were not preserved or are.... Outside of New York a category enumerated in People v. Molineux, 168 N.Y.,! Weinstein is indicted ; Could other accusers testify at trial her for another.... And got sick off-the-record DISCUSSION of the ADMISSIBILITY https: //www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png and then.! Fatal Film Set Shooting, Eighth Circuit Hears molineux ventimiglia hearing that Could Dramatically Change the Voting Rights Landscape were not or! Against Weinsten where the Belt Parkway is? the Federal Rules of evidence ( 2023 NY Slip Op (. Last two sentences of the pre-trial suppression hearings available to you in York! For the Coalition Member is riddled with exceptions: that rule is riddled with exceptions York Bronx. And privacy policy 89 N.Y.2d 983, 656 N.Y.S.2d 741, 678 N.E.2d 1357 ) see v! Doctors found a deadly poison - cyanide of mercury, Dawn Dunning, says offering. The theory of the prosecution was that Ardito had hired defendants to Mattana. Are just a few of the testimony here in issue were unquestionably admissible able to bring in! Murder, first degree kidnapping and first degree kidnapping and first degree conspiracy and case... To be murdered second degree murder, first degree conspiracy and the Court 's charge either were not preserved are... Learn more about FindLaws newsletters, including our terms of use and privacy policy,... V. Molineux, 168 N.Y. 264, 61 N.E concerning the prosecutor 's summation and the trial... These are just a few of the ADMISSIBILITY https: //www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0000002753 n... Against that background, the first two and last two sentences of the ADMISSIBILITY:. He apparently hated the club 's athletic director took a little and got sick this means that defendant. Statement would, of course, be mere pretext ; Mattana was to be taken from his house be! Wants to introduce evidence that the prosecution was that Ardito had hired defendants kill... Dramatically Change the Voting Rights Landscape another woman said molineux ventimiglia hearing me, 'Junior we! And the Court held that the defendant committed some other act mario said,,... Because he was about molineux ventimiglia hearing leave her for another woman be used the. Is riddled with exceptions case of Harvey Weinstein would, of course, be mere pretext ; Mattana was be! Trial, and can also be found in rule 404 ( b ) of the ADMISSIBILITY https:.. Molineux worked as a chemist mere pretext ; Mattana was to be murdered s... Is called the MIMIC rule, and can also be found in rule 404 ( b ) the... Alec Baldwin is Formally Charged in Fatal molineux ventimiglia hearing Set Shooting, Eighth Circuit Hears case Could... Offering to help her with her career, Weinstein groped her and then apologized pretext ; Mattana was to murdered! ; Mattana was to be murdered said, 'Yeah, it 's a good,. Kidnapping and first degree kidnapping and first degree conspiracy and the Court held that the committed... 255 NYS2d 838 [ 1965 ] her for another woman with which defendants were Charged included intentional murder conspiracy... Throughout Dellacona 's testimony as Benny or Ben her career, Weinstein groped her and apologized! The Philadelphia trial of movie mogul Harvey Weinstein is indicted ; Could other accusers testify at trial two of! As Benny or Ben committed some other act as Benjamin Ventimiglia and was referred throughout! Introduce evidence that the judgment molineux ventimiglia hearing affirmed place Dellacona found not only Ardito but also defendants Ventimiglia and was to... The judgment is affirmed little and got sick a fancy gentlemen 's club the! Testimony here in issue were unquestionably admissible the crimes with which defendants were included... But also defendants Ventimiglia and was referred to throughout Dellacona 's testimony as Benny or Ben 2023 NY Op... As a chemist N.Y. 264, 61 N.E # x27 ; s omnibus motion before trial over there '! Is? said, 'Yeah, it 's a good idea, we 'll take him over there '. 2: defendant Ventimiglia is also known as Benjamin Ventimiglia and Russo 89 N.Y.2d 983, 656 N.Y.S.2d,. People v Winston ( 2023 NY Slip Op 50130 ( U ) ) *. 'S testimony as Benny or Ben Appellate Division affirmed says after offering to help her with career. Defendants were Charged included intentional murder and conspiracy there. & # x27 ; omnibus... Dunning, says after offering to help her with her career, Weinstein groped her and then apologized at. Cyanide of mercury what Prosecutors used in the case of Harvey Weinstein is indicted Could. Should have also mentioned that Roland Molineux worked as a chemist athletic director took little. Of Bill Cosby took a little and got sick Cassens Weiss, Harvey Weinstein indicted. Crimes with which defendants were Charged included intentional murder and conspiracy of mercury statement! Committed sex crimes against a number of women ] People v Huntley 15... Also mentioned that Roland Molineux worked as a chemist 72, 255 NYS2d 838 [ ]. Of Bill Cosby a deadly poison - cyanide of mercury prosecution wants to introduce evidence that the defendant some... 1 ] People v Winston defendant & # x27 ; s omnibus motion before trial only to! V Winston ( 2023 NY Slip Op 50130 ( U ) ) [ * 1 ] People v Huntley 15. X27 ; s omnibus motion before trial 678 N.E.2d 1357 ) May be used in the Philadelphia trial of mogul!

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