United States District Court, D. Minnesota
Shnider, Esq., Assistant United States Attorney, counsel for
M. Anderson, Esq., Anderson Law Firm, PLLC, counsel for
J. Grostyan, Esq., Law Office of Coley J. Grostyan, PLLC,
Joseph S. Friedberg, Esq., Joseph S. Friedberg, Chartered,
counsel for Defendant Morales.
R. THORSON UNITED STATES MAGISTRATE JUDGE
before the Court are two pretrial motions. Based on the file
and documents contained therein, along with the memoranda and
arguments of counsel, the Court makes the following Order:
Government's Motion for Discovery.
Government moves for discovery pursuant to Federal Rules of
Criminal Procedure 16(b), 12.1, 12.2, 12.3, and 26.2.
Defendants do not oppose this motion. Therefore, the
Government's Motion for Discovery (Doc. No.
21) is GRANTED.
Defendant Morales's Request for Pretrial
Morales filed a request for pretrial discovery, listing the
requests in twenty-one separate numbered paragraphs.
Defendant Morales's Request for Pretrial Discovery
(Doc. No. 24) is GRANTED in
part and DENIED in part as follows:
Requests for Discovery Under Rules 12 and 16. (Paragraphs 1-
Government responds that it has already complied with its
obligations to disclose the information requested in these
paragraphs and has even made discovery not required by law.
Moreover, the Government acknowledges its ongoing disclosure
obligations and states that it will continue to abide by its
disclosure requirements. Finally, the Government objects to
any disclosure of expert witnesses or reports as premature
but does not object to an order requiring mutual expert
disclosures by all parties two weeks prior to trial. On that
understanding, Defendant Morales's discovery requests are
Motion for Early Disclosure of Jencks Act Material.
(Paragraphs 8, 11.)
Morales seeks early disclosure of copies of all statements
made by witnesses or co-conspirators (i.e., Jencks Act
materials). The Government objects to this motion on the
grounds that it may not be required to make pretrial
disclosure of Jencks material. Because the Jencks Act plainly
provides that “no statement or report in the possession
of the United States which was made by a Government witness
or prospective Government witness (other than the defendant)
shall be the subject of subpoena, discovery, or inspection
until said witness has testified on direct examination in the
trial of the case, ” Defendant Morales's request
for Jencks Act materials is DENIED. Nothing
in this Order precludes the Government from providing Jencks
material before trial, should it choose to do so.
Motion for List of Government Witnesses. ...