The Defendants, as part of their ultimate objective to lure Sean Lockhart into their stable of actors, solicited Grant Roy and Sean Lockhart to violate their settlement agreement with Cobra Video by accepting under the table payments from the Defendants. See Crab Catcher Restaurant intercept April 2007, pages 66, 67, 81, 82. The Commonwealth gives notice pursuant to 404(b) Pa. Rules of Evidence of its intent to use this potential bad act.
22. Denied. The probative value of the evidence outweighs its prejudicial effect. In addition, the Defendants have attempted to use their escort business as a sword in their defense. In other words, the Defendants have sought to serve up their escort clientele in pressing their spurious alibi defenses. The Defendants have also made false accusations against Robert Wagner, Grant Roy and Sean Lockhart according to prison intercepts.
23. Denied. Mr. Cuadra has attempted to secure false alibis using his escort clientele.
24. Admitted.
25. Denied. Falsely implicating others in a crime and proffering fake alibis constitutes circumstantial evidence of guilt and is admissible. The Commonwealth avers that an independent ground of admissibility of these bad acts or potential bad acts under 404(b) of the Pennsylvania Rules of evidence and hereby gives notice of its intent to use the same.
26. Admitted. However, this is not the threshold of admissibility under 404(b).
WHEREFORE, the Commonwealth moves under 404(b) or the independent ground of "circumstantial evidence of guilt" to introduce such evidence.
22. Denied. The probative value of the evidence outweighs its prejudicial effect. In addition, the Defendants have attempted to use their escort business as a sword in their defense. In other words, the Defendants have sought to serve up their escort clientele in pressing their spurious alibi defenses. The Defendants have also made false accusations against Robert Wagner, Grant Roy and Sean Lockhart according to prison intercepts.
23. Denied. Mr. Cuadra has attempted to secure false alibis using his escort clientele.
24. Admitted.
25. Denied. Falsely implicating others in a crime and proffering fake alibis constitutes circumstantial evidence of guilt and is admissible. The Commonwealth avers that an independent ground of admissibility of these bad acts or potential bad acts under 404(b) of the Pennsylvania Rules of evidence and hereby gives notice of its intent to use the same.
26. Admitted. However, this is not the threshold of admissibility under 404(b).
WHEREFORE, the Commonwealth moves under 404(b) or the independent ground of "circumstantial evidence of guilt" to introduce such evidence.
