United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DUFFEY JR. UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendant Olu Kanni
Sanyaolu's (“Defendant”) Motion in
Limine to Exclude Hearsay Testimony Regarding
Fingerprint Evidence  (“Motion”).
April 12, 2016, a grand jury in the Northern District of
Georgia returned a three-count Indictment  against
Defendant, charging Defendant, in Count One, with knowingly
procuring, contrary to law, naturalization and citizenship in
the United States in violation of 18 U.S.C. § 1425(a).
The Government later dismissed Counts Two and Three. (,
about April 8, 1998, Defendant, who is a native of Nigeria,
was granted asylum in the United States. In 2009, Defendant
petitioned for citizenship through naturalization, and, on or
about July 20, 2009, citizenship was granted. In March 2014,
Defendant traveled to Nigeria. On his way back, on April 21,
2014, Defendant arrived at the Houston International Airport.
In the Customs inspections area, an Automated Fingerprint
Identification System (“AFIS”) examination of
Defendant determined that he was linked to two fingerprint
identification numbers-one number for him, and another for
Kunle Olukanni. The Olukanni immigration file shows that, in
1992, Mr. Olukanni applied for asylum in New York. Asylum was
denied in September 1994. Mr. Olukanni's wife then
petitioned for adjustment of his status, and Mr. Olukanni
filed a concurrent application to register permanent
residence or to adjust status. The applications also did not
result in a grant of lawful immigration. As a result, on July
23, 1998, Mr. Olukanni was ordered to be deported.
17, 2015, Homeland Security Fingerprint Specialist Dean Roan
issued a laboratory report regarding comparisons of
fingerprint cards, derived from the Alien files
(“A-Files”) for Defendant and Mr. Olukanni. The
three cards contained fingerprints bearing the names Olu
Kanni Sanyaolu, dated May 31, 1997; fingerprints bearing the
name Kunle Olukanni, dated July 27, 1995; and fingerprints
bearing the name Olukanni, dated August 29, 1992. These
fingerprints were also compared against fingerprints bearing
the name Olu Kanni Sanyaolu, dated April 20, 2016, and the
May 31, 1997 fingerprints bearing the name Olu Kanni
Sanyaolu. Mr. Roan determined that the fingerprint
impressions on the cards were made by the same person.
April 6, 2017, the Government notified the Court that Mr.
Roan would not be available to testify at trial, and that
Thomas Liszkiewicz, a fingerprint specialist who
“verified Mr. Roan's results by completing an
independent examination of the fingerprints, ” will
testify at trial. Mr. Liszkiewicz conducted two examinations
of fingerprint evidence. In the first examination, Mr.
Liszkiewicz analyzed and compared the three fingerprint cards
derived from the A-Files for Defendant and Mr. Olukanni. In
the second examination, Mr. Liszkiewicz compared fingerprints
taken from Defendant in April 2016, upon his arrest by HIS
Special Agent Gary Thiel, and one of the three fingerprint
cards previously examined. Mr. Liszkiewicz determined that
the fingerprint impressions were made by the same person.
25, 2017, Defendant filed his Motion. In it, he seeks to
exclude from trial hearsay testimony regarding (i) the
derivation of the fingerprints compared, and (ii) the alleged
matches of fingerprints determined by automated systems.
Derivation of Fingerprints Compared
moves to exclude, as hearsay, testimony regarding the persons
from whom the fingerprints were obtained or to whom the
fingerprints belong. Hearsay is defined as “a
statement, other than one made by the declarant while
testifying at the trial or hearing, offered in evidence to
prove the truth of the matter asserted.” Fed.R.Evid.
801(c). “Hearsay is inadmissible unless the statement
is not hearsay as provided by Rule 801(d) or falls into one
of the hearsay exceptions.” United States v.
Caraballo, 595 F.3d 1214, 1226 (11th Cir. 2010) (quoting
United States v. Baker, 432 F.3d 1189, 1203 (11th
Cir. 2005)); Fed.R.Evid. 802.
April 2016 Fingerprints
Government will seek to introduce at trial fingerprints taken
from Defendant upon his arrest by HIS Special Agent Gary
Thiel in April 2016. The Government represents that Agent
Thiel will testify at trial that he obtained the fingerprints
from Defendant. Agent Thiel's testimony regarding the
April 2016 Fingerprints is not hearsay and will be permitted
at trial. See Fed.R.Evid. 801.
Fingerprint Cards ...