Free Motion for Discovery - District Court of California - California

Case 3:08-cr-01280-W

Document 9

Filed 05/19/2008

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JOSEPH M. MCMULLEN California State Bar No. 246757 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5030 Telephone: (619) 234-8467 Facsimile: (619) 687-2666 Email: [email protected] Attorneys for Mr. Tarabay

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE THOMAS J. WHELAN)

UNITED STATES OF AMERICA, Plaintiff, v. RAUL TARABAY, Defendant.

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CASE NO. 08CR1280-W DATE: TIME: June 2, 2008 2:00 P.M.

NOTICE OF MOTIONS AND MOTIONS: TO COMPEL DISCOVERY/ PRESERVE EVIDENCE; (2) TO PRESERVE AND RE-WEIGH NARCOTIC EVIDENCE; (3) TO DISMISS THE INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY; (4) TO SUPPRESS MR. TARABAY'S STATEMENTS; AND (5) TO GRANT LEAVE TO FILE FURTHER MOTIONS. __________________________________ (1)

TO:

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND LUELLA M. CALDITO, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on June 2, 2008, at 2:00 p.m. or as soon thereafter as counsel

may be heard, the defendant, Raul Tarabay, by and through his counsel, Joseph M. McMullen and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions.

Case 3:08-cr-01280-W

Document 9

Filed 05/19/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 19, 2008

MOTIONS The defendant, Raul Tarabay, by and through his attorneys, Joseph M. McMullen and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order: 1) to compel discovery/preserve evidence; 2) to preserve and re-weigh narcotic evidence; 3) to dismiss the Indictment due to misinstruction of the Grand Jury; 4) to suppress Mr. Tarabay's statements; and, 5) for leave to file further motions. These motions are based upon the instant motions and notice of motions, the attached statement of facts and memorandum of points and authorities, and all other materials that may come to this Court's attention at the time of the hearing on these motions.

Respectfully submitted, /s/ Joseph M. McMullen JOSEPH M. MCMULLEN Federal Defenders of San Diego, Inc. Attorneys for Mr. Tarabay

08CR1280-W