Trial Motion for Brent Wilkes: Leave The Hookers out of It

[L. Coyote]

Wilkes: Leave The Hookers out of It
By Paul Kiel - October 1, 2007
http://www.tpmmuckraker.com/archives/004336.php

Will Brent Wilkes beat the rap? Or has he said his last Boom Shaka Laka? http://www.tpmmuckraker.com/archives/000651.php

We'll soon find out. The trial for one of Duke Cunningham's favorite defense contractors is set to begin Wednesday, when Wilkes will try to convince a jury that the hundreds of thousands of dollars of gifts and payments that he gave Cunningham weren't bribes.

But Wilkes' lawyer Mark Geragos had a number of requests today before the trial gets started. Among them was a motion (http://www.talkingpointsmemo.com/docs/wilkes-prostitutes/) to preclude any evidence that Wilkes had provided Cunningham with prostitutes.

Geragos reasons (http://www.talkingpointsmemo.com/docs/wilkes-prostitutes/) that prosecutors are just out to dirty his client:

There is little probative value in presenting the testimony of professional call girls, persons admittedly in the business of regularly breaking the law and making a living through illegal vice. The real purpose of presenting that evidence is to sully Mr. Wilkes in the eyes of the jury. ..........

[wildbilln864]

1. more on Brent Wilkes....

{link:www.madcowprod.com/|link]

[Guaranteed]

2. Sec. 352 motion...undue prejudice.

The probative value of the testimony does seem very low. It won't add much to the case. On the other hand, it has a high chance of unduly prejudicing the jury against Wilkes. The likelihood of a conviction on character or on another improper basis would be very high.

I'd grant the motion in limine.

Rather, this is a federal case- so the relevant Rule would be 403.

[L. Coyote]

3. Precluding evidence seems problematic.

There is also the fact that the john is committing a crime too! So, the same standard applies to Wilkes and Cunningham, and they should be viewed with the same "prejudice" as the motion maintains applies to the prostitutes. That is what is being averted if the motion is granted.