United States District Court, D. Minnesota
M. Brennan, Esq., United States Attorney's Office,
counsel for Plaintiff.
Applebaum, Esq., Applebaum Law Firm, and Kyle David White,
Esq., Office of Kyle White, counsel for Defendant Warmate.
R. THORSON UNITED STATES MAGISTRATE JUDGE
action came on for hearing before the Court on March 6, 2019,
at the U.S. Courthouse, 316 North Robert Street, St. Paul, MN
55101. Defendant Samuel Okoroma Warmate presented various
pretrial motions, and the Government presented a motion for
discovery. Based on the file and documents contained herein,
along with the memoranda and arguments of counsel, the Court
makes the following Order:
The Government's Motion for Discovery Pursuant to Federal
Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3 and
Government seeks disclosure of documents and tangible
objects, reports of examinations and tests, and a written
summary of expert testimony pursuant to Fed. R. Crim. P.
16(b). The Government also seeks disclosure of any alibi by
the Defendant pursuant to Fed. R. Crim. P. 12.1, and all
witness statements pursuant to Fed. R. Crim. P. 26.2. In
addition, the Government seeks notice (by the
pretrial-motions-hearing date) pursuant to Fed. R. Crim. P.
12.2, if Defendant intends to rely upon the defense of
insanity or introduce expert testimony relating to a mental
disease or defect or any other mental condition of the
Defendant bearing on the issue of guilt. The Government also
seeks notice pursuant to Fed. R. Crim. P. 12.3, if Defendant
intends to rely upon the defense of actual or believed
exercise of public authority on behalf of a law enforcement
agency or federal intelligence agency at the time of the
offense. Defendant has filed no objection to the motion.
Therefore, Defendant is hereby ordered to comply with the
discovery and disclosure obligations under the aforementioned
rules. The Government's Motion for
Discovery Pursuant to Federal Rules of Criminal Procedure
16(b), 12.1, 12.2, 12.3 and 26.2 (Doc. No.
22) is GRANTED.
Defendant's Motion to Dismiss the Indictment.
moved to dismiss the indictment on the grounds that the
indictment is based on inaccurate or false testimony that was
presented during the grand jury proceedings. At the hearing,
Defendant withdrew his motion. Therefore, Defendant's
Motion to Dismiss the Indictment (Doc. No.
29) is WITHDRAWN.
Defendant's Motion to Suppress Evidence Obtained through
Illegal Search and Seizure.
moves to suppress any physical evidence obtained as a result
of the search of Defendant's office located at a certain
address in Roseville, MN. At the hearing, the Government
introduced the search warrant materials as Exhibit 1, but did
not call any live witnesses. The Court requested post-hearing
briefing on this motion. Defendant shall file his
post-hearing brief on the issues raised in his suppression
motion no later than March 15, 2019, and the
Government shall file its response by March 22,
2019. The Court will take Defendant's Motion to
Suppress Evidence Obtained through Illegal Search and Seizure
(Doc. No. 30) under advisement on
March 22, 2019, and issue a Report
and Recommendation to the District Court.
Defendant's Motion for Suppression of Statements by
moves for an order directing the Government to disclose any
statements or confessions obtained from him, and to provide
him with a pre-trial evidentiary hearing so that he can then
determine whether the statements or evidence were obtained in
violation of his constitutional rights. The Government
represents that it has not obtained any statements or
admissions from Defendant. Based on the Government's
representation, Defendant's Motion for Suppression of
Statements by Defendant (Doc. No. 31) is
DENIED AS MOOT.
Defendant's Motion for Disclosure of Impeaching
Information and for Disclosure of Exculpatory
moves, pursuant to Brady v. Maryland, 373 U.S. 83
(1963), and its progeny, for an order compelling the
Government to disclose all evidence favorable to him. The
Government states that it has complied and will continue to
comply with its obligations under Brady and
Giglio v. United States, 405 U.S. 150, 154-55
(1972). Defendant's Motion for Disclosure of Impeaching
Information and ...