Roger Stone Roger Stone appearing in Congress on Dec. 11, 2018. Credit: Diego M. Radzinschi / NLJ

Jurors sitting on Roger Stone's trial next month won't get to see a clip from "The Godfather: Part II," after a judge ruled Monday that federal prosecutors can't air the footage.

Judge Amy Berman Jackson said in an order that she won't allow the clip to be admitted as evidence "because the prejudicial effect of the videotape, which includes a number of extraneous matters, outweighs its probative value." The order does allow for a transcript of the scene to be admitted instead.

The clip is from a scene where a character, Frank Pentangeli, lies during his testimony before a congressional committee. Federal prosecutors allege that Stone referenced the scene while urging an associate, Randy Credico, to not testify before the House Intelligence Committee.

Stone's attorneys, led by Bruce Rogow and Robert Buschel, have argued the scene should not be aired during the trial because it would cause their client to appear like fictional mob boss Michael Corleone.

Jackson, during a September pretrial hearing, was partially dismissive of Stone's concerns, calling them "overblown." But she said she had a "serious concern that airing the clip could be distracting to the jury."

The judge deferred ruling on whether the clip would be admitted, instead directing attorneys from both parties to try and work out a deal.

In a filing Thursday, the Department of Justice said they offered up a written stipulation describing the scene to Stone's attorneys, but that Stone's team "rejected the stipulation and declined to offer any changes or to propose a stipulation of its own."

"In the government's view, this confirms the importance of playing the short scene for the jury. That scene played a direct part in the very obstructive acts charged in this case," the DOJ filing reads.

Special counsel Robert Mueller III alleged in an indictment earlier this year that Stone, a former Trump campaign adviser, committed witness tampering in relation to Credico, who has been issued a subpoena to appear at Stone's trial.

The indictment also claims that Stone made false statements to Congress about his purported contacts with WikiLeaks. Stone has maintained his innocence.

Stone's trial is set to begin on Nov. 5.

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