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United States of America v. Joel Santana-Pierna A/K/A and Gregory Alexis Ortiz-Muniz

February 28, 2012

UNITED STATES OF AMERICA
PLAINTIFF,
v.
JOEL SANTANA-PIERNA A/K/A AND GREGORY ALEXIS ORTIZ-MUNIZ
A/K/A OMAR CALDERON HERNANDEZ A/K/A EDWARD ALAMO ALAMO A/K/A "PRIMO"; ABEL SANTANA-PIERNA A/K/A EMMANUEL MORALES-DIAZ; MISAEL POLANCO-VILLA A/K/A "JOSE"; NICOLAS JIMENEZ SANCHEZ; AND RANDIN PAREDES HENRIQUEZ, DEFENDANTS.



The opinion of the court was delivered by: John D. Roberts United States Magistrate Judge

ORDER FROM CHAMBERS REGARDING DISCOVERY PLAN PRETRIAL MOTION SCHEDULE

This criminal case charges defendant with theft, fraud and misapplication from an organization receiving federal funds and money laundering. Trial in this case is currently set for June 11, 2012. The case was declared complex by District Court Judge Timothy Burgess on February 24, 2012. Docket 47.

It is the purpose of this order to set a time table for the government's production of designated categories of discovery so further litigation will not be needed. It is the intent of the Court to avoid unnecessary delay in the production of discovery. The parties should continue to work together to provide available discovery to the defense expeditiously and economically. The defendant should avoid filing boiler plate discovery motions where the matter can be resolved by meeting and conferring with the government attorney.

The Pretrial Motion Schedule is binding on all counsel in this case unless otherwise ordered. This order is not subject to amendment by the parties without Court approval. The deadlines set below present the latest dates on which the government has to produce evidence relevant to that category. In the spirit of continued cooperation the Court expects the government to provide discovery prior to those dates when feasible. The government will keep a list of discovery provided to the defendant and the date it was produced.

Discovery and Inspection Plan

1. Defendant's oral, written or recorded statements as described in Fed. R. Crim. P. 16 (a)(1)(A) and (B) disclosed by the government are due March 1, 2012.

2. Defendant's prior record as described in Fed. R. Crim. P. 16(a)(1)(D) due by March 1, 2012.

3. All documents and objects as described in Fed. R. Crim. P. 16 (A)(1)(E), shall be produced by the government by March 1, 2012.

4. Documents and tangible evidence, as well as oral statements, or other evidence which tends to exculpate a defendant; or is favorable or useful to the defense on the issues of guilt or punishment; or is otherwise subject to disclosure as exculpatory material pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) is due no later than May 3, 2012.

5. The government will notify defendant by March 10, 2012 of its intent to use statements of co-conspirators and the government will identify those statements as specifically as possible by March 10, 2012.

6. The government will identify any experts it intends to use in its case-inchief pursuant to Fed. R. Evid. 702, 703 and 705 by April 27, 2012.

7. The defendant will identify any experts they intend to use at trial pursuant to Fed. R. Evid. 702, 703 and 705 by May 15, 2012.

8. Government expert reports and summary of expert testimony during the case-in-chief pursuant to Fed. R. Crim. P. 16 (A)(1)(G) shall be ...


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