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

Case 3:02-cr-00264-AHN

Document 2058

Filed 01/26/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. WALTER A. FORBES and E. KIRK SHELTON : : : : : No. 3:02CR00264 (AWT) January 25, 2006

UNITED STATES' MOTION TO OBTAIN COPIES OF NOTES FROM THE DELIBERATING JURY DURING THE INITIAL TRIAL THAT WERE PLACED UNDER SEAL BY THE COURT

Defendant Shelton's appeal from the judgment of conviction and sentence in this case is currently pending before the United States Court of Appeals for the Second Circuit. United States v. E. Kirk Shelton, Second Circuit No. 05-4342cr. In connection with that appeal, Government counsel wish to examine certain notes sent by the deliberating jury to the Court during the first trial in this case, which notes were placed under seal by the Court. The jury notes at issue were designated

Court Exhibits numbers 44, 45, 47, 48, 49, 54, and 63. Government and defense counsel reviewed those notes during the initial trial, but the Government does not have copies of those notes. The Government is not requesting that the notes

be unsealed at this time, but only that the Court direct the Clerk to deliver sealed copies of those notes to Government counsel and to Shelton's appellate counsel.

Case 3:02-cr-00264-AHN

Document 2058

Filed 01/26/2006

Page 2 of 3

Accordingly, the Government respectfully requests that the Court direct the Clerk to deliver to Government counsel and counsel for Shelton sealed copies of Court Exhibits numbered 44, 45, 47, 48, 49, 54, and 63 from the initial trial in this matter. Respectfully submitted, CHRISTOPHER J. CHRISTIE Special Attorney U.S. Department of Justice Norman Gross/s NORMAN GROSS Special Attorney U.S. Department of Justice

By:

January 25, 2006 Camden, New Jersey

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Case 3:02-cr-00264-AHN

Document 2058

Filed 01/26/2006

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CERTIFICATE OF SERVICE I certify that I caused copies of the foregoing United States' Motion to Obtain Copies of Notes from the Deliberating Jury During the Initial Trial That Were Placed Under Seal by the Court to be served upon the following by email and by first class United States Mail: John W. Nields Howrey LLP 1299 Pennsylvania Ave., N.W. Washington, DC 20004 [email protected] Barry S. Simon Williams & Connolly LLP 725 Twelfth Street, N.W. Washington, D.C. 20005-5901 [email protected]

LYNDA POWERS U.S. Department of Justice

Dated:

January 25, 2006 Camden, New Jersey