Motion in limine is a request submitted by a party in a case to the court before trial in an attempt to exclude evidence from the proceedings.
Munson said Santos’ motion is suitable for decision without oral argument.
Munson said the motion is based on Santos’ assertion that the 1998-2000 transaction is barred by the five-year statute of limitations.
The federal court held that “a conspiracy charge is barred by the statute of limitations if no overt acts in furtherance of conspiracy fall within the relevant limitation period.”
Munson stated that in this case, Santos and his co-defendants Lt. Gov. Timothy Villagomez, Santos’ wife Joaquina V. Santos and Anthony C. Guerrero are charged with a single conspiracy beginning in 1998 and continuing through 2008, the most recent of which was on Jan. 16, 2008, which falls well within the limitations period.
Munson said the issue Santos raised in his motion has already come before the federal court with respect to the original indictment.
He said the issue was fully briefed by both sides, the court held a hearing and ruled on the issue.
Munson stated that Santos’ counsel Victorino DLG. Torres argued at the hearing that every overt act must fall within the statute of limitations, but Santos’ counsel misconstrues the law.
“The holding emphasizes that the statute of limitations begins to run when the last overt act is committed. Accordingly, all overt acts must be considered by the jury as long as the conspiracy falls within the limitations period,” the court said.
Munson said the court finds that the 1998-2000 transaction, and all of the overt acts alleged within that transaction, are not barred by the statute of limitations because the indictment alleges at least one overt act in furtherance of the conspiracy within the limitations period.
Santos filed his motion in limine on March 20, 2009, stating that the case has been set and ready for trial on March 30, 2009.
Torres said the defendants have been charged to a conspiracy which has a statute of limitation of five years.
Santos said the alleged acts they were charged with between Feb.6, 1998 to Jan. 4, 2000 fall outside the limitations and cannot be a basis for conviction.
Torres added it would only confuse the jury and would be contrary to law.
The defendants were indicted last year for conspiracy to defraud the federal government, wire fraud and theft concerning federal funds.
The indictment stated that beginning Feb. 2, 1998, Villagomez and James Santos initiated a scheme where Villagomez, who was the CUC executive director, agreed to purchase a product called “Rhydlyme” from Islas Micronesia, providing a benefit of $286,125 to James Santos.
