"Kama cow STATE OF NEW YORK COUNTY OF MONROE SUPREME COURT THE PEOPLE OF THE STATE OF NEW YORK, .. NOTICE OF MOTION i; 0? Ind. No. 2016-1109 5 COLIN ASAM RIDEOUT (MORAN, J.) .577 Defendant. 7' :5 :3 MOTION MADE BY: J. Matthew Parrinello, Esq. on behalf of ?e m5 Defendant. 7?7 3 DATE, TIME PLACE OF HEARING: Before Hon. Thomas E. Moran, 9:30 am; on June 20, 2016, Hall Of Justice, Rochester, New York SUPPORTING PAPERS: Af?rmation of J. Matthew Parrinello, Esq. RELIEF REQUESTED: Order in Limine GROUNDS EOR RELEIF: See Attached . Dated: June 18, 2017 y; :3 The Parrinello Law Firm, LLP 2-: J. Matthew Parrinello, Esq. :56: :73 Attorney for Defendant 36 West Main Street, Suite 400 '53 2 c2: Rochester, NY 14614 Telephone: 585?454-2321 Fax: 585-454-6626 e-mail: contact@parrine1101aw.com To: Timothy Prosperi, Esq. Monroe County District Attorney?s Of?ce 47 S. Fitzhugh Street Rochester, NY 14614 H5. STATE OF NEW YORK COUNTY OF MONROE SUPREME COURT THE PEOPLE OF THE STATE OF NEW YORK, -V- AFFIRMATION Ind. No. 2016-1109 COLIN ASAM RIDEOUT, (MORAN, J.) Defendant. State of New York County of Monroe 38:) J. Matthew Parrinello, an attorney admitted to practice of law in the State of New York af?rms under the penalty of perjury the following: 1. I represent the defendant. 2. I make this Af?rmation in support of the defendant?s Motion for an Order in Limine regarding the matters referred to herein. 3. This Motion is bases on my preparation for trial, research and pretrial submissions and the discussions with the prosecutor. 4. The following constitutes my in limine requests: COLIN RIDEOUT FACEBOOK PICTURE There is a picture of Colin Rideout holding a large airsoft ri?e. I request that the People be prevented from using this photograph as it has no relevance to the proof in this case. JULY 13-14, 2016 INCIDENT There are reports and statements regarding what has been referred to as the ?Ninja Incident?. This alleged incident occurred on or about July 13?14, 2016 at 135 New Wickham. IN sum and substance, Craig Rideout alleged that someone was in his bedroom dressed in black and plucked a hair from his arm. The next day his keys were found'in his neighbor?s plant pot and a bottle of chocolate was found on the lawn. Craig Rideout allegedly thought the person in his house was possibly Colin Rideout or an adult child of his playing a joke on him. This incident is not relevant to the proof of this case and would cause the jury to Speculate who the person in Craig Rideout?s house was and why they were there. EMAILS I anticipate that the People will attempt to produce at least two (2) emails allegedly from Colin Rideout to Craig Rideout and two (2) emails from Craig Rideout to Colin Rideout on and between July 14-18, 2016. Additionally, there are emails allegedly from Craig Rideout to friends and familyin2015 and 2016. The Craig/ Colin as well as the friend/family emails are not relevant to any of the proof in this case. There is no proof who sent them. They are hearsay without exception. They are highly prejudicial and minimally probative if at all. I anticipate the People will attempt to produce numerous text between Colin Rideout and many family members of the Rideout and- as well as his ?ance Chelsea Kneuer. Many of these text messages are remote in time to the allegations. The only text messages that were noticed (Molineux Notice) were those from January 21 -22, 2016. Any other text should be precluded as not noticed Molineux. Additionally, they are not relevant to any of the proof in this case. There is no proof who sent them. They are hearsay without exception. They are highly prejudicial and minimally probative if at all. GOOGLE SEARCH I was informed on Friday (June 16, 2016) that the People intend to elicit that there was an ?involuntary manslaughter? Google search on or about July 17, 2016 on Colin Rideout?s Google account. This testimony will be highly prejudicial and minimally probative as there is no way to who conducted the search. Additionally, this Search is hearsay without exception. PAUL KISH TESTIMONY (PEOPLE BLOOD SPATTER EXPERT) I request that Paul Kish be restricted to testifying consistent with his report. Any additionally testimony will be un-noticed expert testimony and therefore not admissible. INITIAL ENTRY INTO 135 NEW WICKHAM VIDEO I request that if the People intend to show the initial entry in New Wickham video, that the video be played on mute. The comments by law enforcement while in the home are not relevant and therefore unnecessary. RTT PHONE TESTIMONY I request for an order prohibiting the People from introducing any RTT testimony regarding the phones. RTT testimony is speculative and not investigative in nature. There is even a disclaimer that indicates that the information is ?best estimates? NOT ?precise data?. PHOTOS I request that the court limit the People from introducing numerous photos of Craig Rideout, post-mortem. Dated: June 18, 2017 Yours, etc., 5% J. Mathew Parrinello Esq., of Counsel THE PARRINELLO LAW FIRM, LLP Attorneys for Defendant Colin Rideout Executive Of?ce Building 36 West Main Street, Suite 400 Rochester, New York 1461 4 Phone: (585) 454-2321