United States District Court, D. Minnesota
M. Sertich, Esq., Assistant United States Attorney, counsel
Clayton Tyler, Esq., F. Clayton Tyler, P.A., counsel for
R. THORSON UNITED STATES MAGISTRATE JUDGE
matter is before the Court on Defendant Hassan Abdilkadir
Sheikh-Mursal's pretrial motions. Based on the file and
documents contained therein, the Court makes the following
The Government's Motion for Discovery.
to Fed. R. Crim. P. 16(b), the Government moves the Court for
an order requiring Defendant to disclose and permit
inspection and copying of evidence he intends to introduce at
trial including documents and tangible objects, reports of
examinations and tests, and expert testimony. The Government
specifically requests that expert disclosures for both
parties be made 30 days before trial, and rebuttal expert
disclosures be made no later than 10 days before trial.
to Fed. R. Crim. P. 12.1, the Government requests an order
requiring Defendant-if he intends to claim alibi as a
defense-to state the specific place or places where Defendant
claims to have been at the time of the offenses alleged, and
the names and addresses of witnesses upon whom Defendant will
rely to establish his alibi.
to Fed. R. Crim. P. 12.2, the Government requests an order
requiring Defendant-if he intends to rely upon the defense of
insanity or introduce expert testimony relating to a mental
condition of Defendant bearing upon the issue of guilt - to
notice the Government no later than the date of the first
hearing on pretrial motions.
to Fed. R. Crim. P. 12.3, the Government requests an order
requiring Defendant-if he intends to rely upon a defense of
actual or believed exercise of public authority on behalf of
a law enforcement or federal intelligence agency at the time
of the offense-to give notice to the Government and the Court
no later than the first hearing on pretrial motions.
to Fed. R. Crim. P. 26.2, the Government requests an order
requiring Defendant to produce all statements in his
possession or control of any witness that Defendant calls in
connection with a suppression hearing, detention hearing,
trial, or sentencing.
does not oppose any of the Government's requests. The
Government's Motion for Discovery (Doc. No.
17) is GRANTED.
Defendant's Motion for Disclosure of Evidence Favorable
to the Defendant.
moves the Court for an order compelling the Government to
disclose evidence favorable to the defense, pursuant to
Brady v. Maryland, 373 U.S. 83 (1963), Giglio v.
United States, 405 U.S. 150 (1972), and their progeny.
Defendant requests that the order direct the prosecution to
review files of agencies involved in the case to determine
whether any additional exculpatory material exists and to
disclose such material to the defense. The Government agrees
to provide any exculpatory or impeaching information as it
comes to light, to the extent required by Brady,
Giglio, and their progeny. Defendant's Pretrial
Motion to Compel Attorney for the Government to Disclose
Evidence Favorable to the Defendant (Doc. No.
27) is GRANTED to the extent that
the Government must continue to comply with its disclosure
obligations under Brady, Giglio, and their
progeny. Within 10 days of the date of this order the
government must disclose all Brady and
Giglio information in its possession or of which it
has become aware, and must promptly supplement its disclosure
upon receipt of any additional Brady and
Giglio information not previously disclosed
Defendant's Motion for Disclosure of Grand ...