Page:Samia v. United States.pdf/7

Rh §§§ [sic]924(c)(1)(A) and (j); and conspiracy to launder money, in violation of §1956(h). Hunter was charged with all but the money-laundering count. Thereafter, the Government tried all three men jointly in the Southern District of New York. While Hunter and Stillwell admitted that they had participated in the murder, Samia maintained his innocence.

Prior to trial, the Government moved in limine to admit Stillwell’s confession. But, because Stillwell would not testify and the full confession inculpated Samia, the Government proposed that an agent testify as to the content of Stillwell’s confession in a way that eliminated Samia’s name while avoiding any obvious indications of redaction. The District Court granted the Government’s motion but required further alterations to ensure consistency with its understanding of this Court’s Confrontation Clause precedents, including Bruton.

At trial, the Government’s theory of the case was that Hunter had hired Samia and Stillwell to pose as real-estate buyers and visit properties with Lee. The Government also sought to prove that Samia, Stillwell, and Lee were in a van that Stillwell was driving when Samia shot Lee. During its case in chief, in accordance with the court’s ruling on its motion in limine, the Government presented testimony about Stillwell’s confession through DEA Agent Eric Stouch. Stouch recounted the key portion of Stillwell’s confession implicating Samia as follows:

“Q. Did [Stillwell] say where [the victim] was when she was killed?

“A. Yes. He described a time when the other person he