Motion in Limine to Exclude Portions of Keith Sokolowski's Testimony — United States v. Dales (Document 92)

Summary

A defense motion in limine filed 11/22/24 as Document 92 in United States v. Ryan Dales, Cr. No. GLR-23-026, U.S. District Court for the District of Maryland, to exclude portions of the testimony of Task Force Officer Keith Sokolowski, proposed by the Government as an expert in drug trafficking. The motion asks the Court to exclude any testimony in the case about heroin. It states that Mr. Dales is charged with possession with the intent to distribute fentanyl and that nothing seized, examined or alleged in the case involves heroin, so such testimony would not meet Rules 401 and 402. Attached as Exhibit 1 is a copy of the Sokolowski report with the parts objected to highlighted. The motion is signed by Richard Bardos of Schulman, Hershfield & Gilden, P.A.

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    Case 1:23-cr-00026-GLR           Document 92       Filed 11/22/24      Page 1 of 2




                         UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF MARYLAND


UNITED STATES OF AMERICA                    *

       V.                                   *                       Cr. No. GLR-23-026

RYAN DALES                                  *

               Defendant                    *

For: RYAN DALES                             *

  DEFENDANT’S MOTION IN LIMINE TO EXCLUDE PORTIONS OF KEITH
                  SOKOLOWSKI’S TESTIMONY

    RYAN DALES, by his undersigned counsel, respectfully submits this motion to in

limine to preclude certain portions of Task Force Officer Keith Sokolowski’s testimony

and as grounds states:

    As part of its required expert disclsoures, the Government has providd a letter that

details the expected testimony of Task Force Officer Keith Sokolowski, proposed as an

expert in drug trafficking.   Therein, the Government provides many areas of this

expert’s testimony that are both consistent with his experience and relevant to this case.

However, also contained in the report is testimony unrelated to the instant charges and

that testimony should be excluded.

    Federal Rules of Evidence provides that evidence is only relevant if “(a) it has any

tendency to make a fact more or less probable than it would be without the evidence; and

(b) the fact is of consequence in determining the action.” Rule 402 excludes any

proposed evidence that fails this test: “irrelevant evidence is not admissible.” Against

this backdrop, the Court is asked to exclude any testimony in this case about heroin.
    Case 1:23-cr-00026-GLR          Document 92       Filed 11/22/24      Page 2 of 2




    Mr. Dales is charged with possession with the intent to distribute fentanyl.   Items

were seized from his apartment that a Government expert has examined and will testify

contain fentanyl.   Nothing seized, examined or alleged in this case involves heroin.

This case is not a general conspiracy case in which the main drug for this defendant was

fentanyl but others in the conspiracy might have been selling heroin.   The only evidence

related to the drug charge concerns fentanyl.

    Thus, any testimony concerning heroin would not meet the admissibility

requirements of Rules 401 and 402 and should be excluded. For the Court’s reference,

attached hereto as Exhibit 1 is a copy of Sokolowski’s report with the parts objected to

highlighted in yellow.

                                     CONCLUSION

    WHEREFORE, RYAN DALES moves this Honorable Court to exclude certain

portions of Keith Sokolowski’s testimony.

                                   Respectfully submitted,

                                      _______/s/__________________
                                      Richard Bardos
                                      Schulman, Hershfield & Gilden, P.A.
                                      1 East Pratt Street, 9th Floor
                                      Baltimore, Maryland 21202
                                      (410) 332 0850


                             CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that on this 22nd of November, 2024, a copy of the
foregoing was served electronically by ECF to: Office of the United States Attorney, 36
South Charles Street, Fourth Floor, Baltimore, Maryland 21201 and all defense counsel.

                               _____/s/______________________
                               Richard Bardos


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