FACTS: The physician was charged with sexual penetration and simple battery upon two of his patients. During discovery, the prosecution uncovered four additional witnesses who also claimed that the physician had touched them inappropriately, though in different ways. In some of these instances, there were chaperones present. Prior to trial, the physician filed a motion in limine to prohibit the testimony of the other four corroborating witnesses, pursuant to Fed. R. Evid. 403, 413, 404(b). Alternatively, if the court were to allow the testimony, the physician sought the identity of the chaperones and the complete medical records of the other witnesses.
CONCLUSION: The court granted the physician's motion in limine to prohibit the prosecution from calling corroborating witnesses in a sexual penetration and simple battery trial.
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