Minute Entry - FYI Advisement to Parties

2023-082-POST · Peace Officers Standards and Training · 2024-03-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter Regarding the Denial of the Peace Officer Certification of:

Ismael A. Verdugo

Applicant

No. 2023-082-POST

Minute Entry

The ALJ, having received and reviewed State’s Motion in Limine Regarding Applicant’s Exhibit No. 12 and State’s Motion in Limine Regarding Applicant’s Exhibit No. 10 and Attendant Audio Recordings, makes the following orders:

IT IS ORDERED GRANTING the State’s Motion in Limine to exclude Applicant’s Exhibit No. 10 on the basis that the subject of the phone conversation is settlement discussion and, therefore, protected. Applicant may still question the witness, however, as to any relevant testimony not considered settlement discussion material.

IT IS FURTHER ORDERED denying the State’s Motion in Limine to exclude Applicant’s Exhibit No. 12. Applicant will still be required to motion to move the exhibit into evidence and the State retains all relevant objections at that time. This order, in no way, determines Applicant’s Exhibit 12 admitted; rather, it just deems that the exhibit can be presented for admission and all objections are reserved for the time of the hearing.

Done this day, March 21, 2024.

/s/ Amy M. Haley

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile March 21, 2024 to:

Matt Giordano

Director

Peace Officers Standards and Training

2643 East University

Phoenix, AZ 85034

Ismael A. Verdugo

[email redacted]

Joseph E. Dylo

Assistant Attorney General - SGD/LES

[email redacted]

By: OAH Staff