Case 3:16-cr-00051-BR

Document 1046

Filed 08/16/16

Page 1 of 2

Tiffany A. Harris OSB 02318

Attorney at Law
333 SW Taylor St., Suite 300
Portland, Oregon 97204
t. 503.782.4799
tiff@harrisdefense.com
Standby counsel for Shawna Cox
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

3:16-CR-00051-BR-07
DEFENDANTS MOTION IN
LIMINE TO EXCLUDE
OTHER ACT EVIDENCE

SHAWNA COX.
Defendant.

Pursuant to Rules 401 and 403 of the Federal Rules of Evidence, defendant Shawna Cox,
with the assistance of standby counsel, moves the Court to exclude testimony and other evidence
alleging that named defendants and or uncharged co-conspirators removed documents and
records from the offices of the Malheur National Wildlife Refuge during the 41-day protest at
issue in this case.
Discovery materials indicate that Government witnesses--specifically employees of the
refuge-- reported that documents kept at refuge offices were removed from the premises.
Government witnesses further reported that said documents contained information that was not
subject to public disclosure and related to the location of sacred burial grounds and other
confidential matters.
USDC Oregon Case 3:16-CR-00051-BR
Defendants Motion to Exclude other Act Evidence

Case 3:16-cr-00051-BR

Document 1046

Filed 08/16/16

Page 2 of 2

As a preliminary matter, Ms. Cox denies removing records from the refuge and knows of
no person who did. More importantly, those allegations are not relevant to the indicted charges
and would invite the jury to decide the evidence based on prejudice. Additionally, deciding the
collateral questions of whether certain information was confidential, known to the public or
rightfully disclosed to the public would result in confusion of the issues and waste of time.
Accordingly, the evidence should be excluded under FRE 401 and 403.
Dated this 16th day of August, 2016

Respectfully submitted,
/S/
Tiffany Harris
Tiffany A. Harris
Standby Counsel for Defendant Shawna Cox

USDC Oregon Case 3:16-CR-00051-BR

Defendants Motion to Exclude other Act Evidence