SOUTHERN DISTRICT OF FLORIDA
The United States moves this Court for a ruling in limine excluding from admission at trial any evidence related to the private, ex parte polygraph tests taken by the defendants Anthony J. Giordano, Sr., Anthony J. Giordano, Jr. and David Giordano ( "Giordano" defendants). The Giordano defendants have notified the United States of their intent to introduce at trial evidence of polygraph tests which each claims to have "passed." These polygraph tests were unsolicited, unilateral and ex parte. The United States did not stipulate to their admissibility; nor can the United States do so under current Department of Justice policy.
For reasons discussed more fully in its supporting Memorandum, the United States
requests that this Court enter an Order excluding from admission at trial any evidence related to
the polygraph tests of the Giordano defendants. See Memorandum In Support Of The Motion In
Limine Of The United States To Exclude From Admission At Trial All Evidence Related To
Polygraph Tests And Results. Further, the United States requests that the defendants and all
defense counsel be instructed not to make any statement or reference to these polygraph tests at
any time during the trial proceeding. The United States moves that this Court find the polygraph
tests at issue in this case inadmissible under Fed. R. Evid. 403 and Fed. R. Evid. 608(a) and (b).
In the alternative, pursuantto Fed. R. Evid. 104, the United States requests that an evidentiary hearing be held under
Daubert to establish the invalidity and unreliability of these polygraph tests under Rule 702.