Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:02-cr-00341-EBB

Document 425

Filed 04/12/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. ANGEL HERNANDEZ, et al. : : : : : CRIMINAL NO. 3:02CR341 (EBB) April 12, 2005

MOTION TO CONSIDER POTENTIAL CONFLICT OF INTEREST The Government hereby moves for consideration of a potential conflict of interest involving Attorney Jeffrey Olgin, counsel for defendant Angel Hernandez. On April 11, 2005, at approximately 7:00 p.m., the Government learned that Bruce Vetre, a defendant in this case and now a cooperating witness, previously was represented by Attorney Olgin in an unrelated civil matter. The Government believes that a hearing following the procedures set forth in United States v. Curcio, 680 F.2d 881, 885 (2d Cir. 1982), is in order to determine whether a conflict of interest exists; whether such a conflict, if it exists, can be waived; and if it can be waived, to inquire whether the relevant parties wish to waive such a conflict. A supporting memorandum is attached. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY JONATHAN BIRAN ASSISTANT U.S. ATTORNEY Federal Bar Number ct21922 MICHAEL S. McGARRY ASSISTANT U.S. ATTORNEY Federal Bar Number ct25713 157 Church Street, 23rd Floor New Haven, CT 06510 (203) 821-3700

Case 3:02-cr-00341-EBB

Document 425

Filed 04/12/2005

Page 2 of 2

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was served this 12th day of April, 2005, on the following counsel of record:

Jeffrey Olgin, Esq. (by hand) 74 Rose Hill Rd. Branford, CT 06405 (counsel for Angel Hernandez) Richard S. Cramer (by hand) 449 Silas Deane Highway Wethersfield, CT 06109 (counsel for David Brown) Michael S. Hillis, Esq. (by hand) Dombroski Knapsack & Hillis LLC 129 Whitney Avenue New Haven, CT 06511 (counsel for Richard Brown) Jonathan J. Einhorn, Esq. (by hand) 412 Orange Street New Haven, CT 06511 (counsel for Nelson Datil) Alan J. Sobol, Esq. (by fax) O'Connell, Flaherty & Attmore, L.L.C. 280 Trumbull Street Hartford, CT 06103-3598 (counsel for Bruce Vetre)

___________________________ JONATHAN BIRAN ASSISTANT U.S. ATTORNEY