Free Motion for Joinder - District Court of California - California

Case 3:08-cr-01555-BEN

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Filed 06/16/2008

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1 JEREMY D. WARREN California Bar No. 177900 2 105 West F Street, Suite 215 San Diego, California 92101 3 (619) 234-4433 4 Attorney for Defendant Zamora 5 6 7 8 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08cr1555-BEN

10 UNITED STATES OF AMERICA, 11 12 v. 13 MANUEL ZAMORA-FLORES, 14 15 16 17 18 19 20 21 22 Defendant. Plaintiff,

MOTION FOR JOINDER IN CO-DEFENDANT PICAZO'S MOTIONS TO: (1) PROVIDE DISCOVERY, (2) REVEAL CONFIDENTIAL INFORMANTS, (3) PROVIDE ATTORNEY VOIR-DIRE, (4) PRESERVE EVIDENCE (5) REVIEW PERSONNEL FILES, (6) PROVIDE NOTICE OF INTENT TO USE EVIDENCE, (7) FOR SEVERANCE OF DEFENDANTS (8) FOR LEAVE TO FILE FURTHER MOTIONS MOTION FOR SEVERANCE

I. MOTION FOR JOINDER IN MS. PICAZO'S MOTIONS Manuel Zamora-Flores, the above-named defendant, by and through his attorney Jeremy D.

23 Warren, respectfully moves the Court for an order permitting him to join in the pretrial motions filed by 24 his codefendant (and wife) Esmeralda Picazo. Specifically, Mr. Zamora seeks leave to join in the 25 following of Ms. Picazo's motions filed on June 16, 2007 in docket number 26: 26 27 28 (1) for discovery, (2) to reveal confidential informants, (3) to provide attorney voir-dire, 1 08cr1555-BEN

Case 3:08-cr-01555-BEN

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(4) to preserve evidence, (5) to review of personnel files, (6) for notice of intent to use evidence, (7) for severance, and (8) for leave to file further motions. II. MOTION FOR SEVERANCE BASED ON BRUTON In addition to the arguments made by Ms. Picazo, Mr. Zamora believes that his case should be

9 severed based on the principals of Bruton v. United States, 391 U.S. 123, 20 L. Ed. 2d 476, 88 S. Ct. 10 1620 (1968), which held that where one defendant's confession inculpates another defendant, the 11 confession cannot be admitted into evidence because there is a "substantial risk that the jury, despite 12 instructions to the contrary, [will look] to the incriminating extrajudicial statements in determining 13 petitioner's guilt . . . ." Here, Ms. Picazo allegedly confessed that she and her husband Mr. Zamora were 14 being paid $1,000 to participate in the smuggling venture. 15 Because this alleged confession specifically and directly implicates Mr. Zamora, and because it

16 constitutes otherwise inadmissible hearsay against Mr. Zamora, the statement must either be precluded or 17 redacted or, should the government be unwilling to forego this evidence against Ms. Zamora, the trials 18 should be severed. See United States v. Yarbrough, 852 F.2d 1522, 1536 (9th Cir. 1988) (requiring 19 severance where codefendant's post-arrest confession is powerfully incriminating or clearly inculpate the 20 defendant); accord Fed. R. Crim. Pro. 14 ("If the joinder of offenses or defendants in an indictment, an 21 information, or a consolidation for trial appears to prejudice a defendant or the government, the court may 22 order separate trials of counts, sever the defendants' trials, or provide any other relief that justice 23 requires"). 24 25 26 Dated: June 16, 2008 27 28 2 08cr1555-BEN Respectfully submitted, /s Jeremy Warren JEREMY D. WARREN Attorney for Defendant Zamora

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1 2 3 4 I declare that:

PROOF OF SERVICE

I am a citizen of the United States and employed in the city of San Diego, CA. I am over eighteen

5 years of age. My business address is 105 West F Street, Fourth Floor San Diego, CA 92101. 6 7 8 9 10 11 12 On June 16, 2008, I personally served the following documents: MOTION FOR JOINDER, MOTION FOR SEVERANCE on the below attorneys by electronic filing: Assistant United States Attorney Christina McCall Co-counsel Michael Crowley and Barbara Donovan Counsel for Material Witnesses Ciro Hernandez I declare under penalty of perjury that the foregoing is true and correct, and that this declaration

13 was executed on June 16, 2008 at San Diego, CA. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 08cr1555-BEN /s Jeremy Warren ______________________________ Jeremy D. Warren