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United States v. Thompson

United States District Court, D. Minnesota

October 31, 2019

United States of America, Plaintiff,
v.
Shahla Marie Thompson (2), Defendant.

          Julie E. Allyn, Esq., United States Attorney's Office, counsel for Plaintiff.

          Robert W. Owens, Jr., Owens Law, L.L.C., counsel for Defendant Thompson.

          ORDER

          BECKY R. THORSON UNITED STATES MAGISTRATE JUDGE

         This action came on for hearing before the Court on October 30, 2019, at the U.S. Courthouse, 316 North Robert Street, St. Paul, MN 55101. Defendant Shahla Marie Thompson 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:

         1. Government's Motion for Discovery Pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3 and 26.2.

         The 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 (by the pretrial-motions-hearing date) 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 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. 37) is GRANTED. The Government must disclose the identity of any non-rebuttal experts four weeks before trial. All non-rebuttal expert disclosures must be made three weeks before trial. Any rebuttal experts must be noticed along with the production of rebuttal expert disclosures no later than two weeks before trial.

         2. Defendant's Motion to Strike Surplusage from Indictment.

         Defendant moves to strike what it terms “surplusage” from the Indictment. Specifically, Defendant asks the Court to strike the descriptions of the photographs in Count 1 of the Indictment on the grounds that it is unnecessary and prejudicial to the Defendant. The Defendant makes no further argument as to why the descriptions should be stricken. The Government opposes the motion. The Court agrees with the Government that the allegations at issue are relevant to the charges asserted against Defendant in the Indictment. Therefore, Defendant's Motion to Strike Surplusage from Indictment (Doc. No. 41) is DENIED WITHOUT PREJUDICE. This Order does not preclude Defendant from filing motions in limine relating to the exclusion of evidence that relates to the allegations made against Defendant.

         3. Defendant's Motion for Discovery and Inspection.

         Defendant requests an order requiring the Government to produce all Rule 16 materials, all statements made by Defendant that are within the Government's possession, the substance of any oral statement that the Government intends to offer at trial made by Defendant, as well as a copy of Defendant's prior criminal record. Defendant also requests permission to inspect all material evidence and all reports of examinations and scientific tests within the Government's possession. In addition, Defendant seeks to know the existence of any electronic surveillance of Defendant, any co-Defendants, or any co-conspirators. The Government represents that it has complied with all of its discovery obligations under the Rules and that it will continue to comply. Defendant's Motion for Discovery and Inspection (Doc. No. 42) is GRANTED to the extent that it conforms to Fed. R. Crim. P. 12, 16, and 26.2 and is not already moot.

         4. Defendant's Motion for Discovery and Inspection of Products and Records of Electronic Surveillance.

         Defendant originally filed a motion seeking disclosure and certification of the electronic surveillance, including either wiretapping and interceptions of telephone conversations, or any form of surveillance by radio transmissions or receptions, or any other form of electronic surveillance or detection used by the Government in its investigation of the Defendant. Defendant also sought disclosure of all matters pertaining thereto. The Government asserts that there was no electronic surveillance in this case. At the hearing, Defendant's counsel confirmed that based on the Government's representation, he withdraws this motion. Accordingly, Defendant's Motion for Discovery and Inspection of Products and Records of Electronic Surveillance (Doc. No. 43) is WITHDRAWN.

         5. Defendant's Pretrial Motion for Disclosure of 404 Evidence.

         Defendant moves for immediate disclosure of any “bad act” or “similar course of conduct” evidence that the Government intends to offer at trial pursuant to Fed.R.Evid. 404. The Government represents that it will fully comply with Rule 404, however objects to immediate disclosure. At the hearing, the Government represented that it was agreeable to disclosure three weeks prior to trial. Defendant's Motion for Disclosure of 404 Evidence (Doc. No. ...


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