Free Pretrial Memorandum - District Court of Arizona - Arizona

Keith Vercauteren Assistant United States Attorney 2 Two Renaissance Square 40 N. Central Avenue 3 Suite 1200 Phoenix, AZ 85004-4408 4 602-514-7500 [email protected]
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA _______________________________________ ) United States of America, ) No.: CR-03-1167-PHX-DGC ) Plaintiff, ) TWELFTH CASE ) MANAGEMENT REPORT v. ) FILED BY THE UNITED STATES ) Robert Johnston, et al., ) ) Defendants. ) _______________________________________) The United States submits this Twelfth Case Management Report to the Court for consideration of the issues to be discussed at the case management conference to be held on December 21, 2005. The United States attempted to contact defense counsel, specifically the defense counsel who have collaborated on these joint case management reports in the past. The United States was finally able to reach one of those attorneys, Brian Russo, who indicated that the defense will provide their input to this report on December 15, 2005. 1. Status of Nevada Federal and State Prosecutions At this time the Federal case is set for trial on January 23, 2006. The government filed a superseding indictment and there is a hearing on December 19, 2005. The State case is still on appeal. 2. Status of Discovery A. The Laughlin video tapes. The United States believes it has disclosed all of the Laughlin video tapes, but is aware that the defendants still maintain that there are issues to be resolved. The United States has also disclosed documents from Las Vegas Metro Police Department regarding the handling of the video tapes by LVMPD.

Case 2:03-cr-01167-DGC

Document 988

Filed 12/14/2005

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B. Laughlin Shooting Incident, ATF 784015-03-0054. The United States has disclosed unredacted copies of all of the Laughlin Shooting Incident, ATF 784015-03-0054. There were some reports that were blank because ATF pulled a report number but did not use it, and thus, there is no report to disclose. Those blank reports are ROIs 28, 33, 34, and 44-49, which correspond to Matrix item numbers 428-436. C. Mislabeled recordings or defective recordings from Operation Dequiallo: The defense provided a list of the recordings that they believed were defective or mislabeled. The United States has copied a new set of these recordings directly from the originals in California and has provided these recordings to the defense. D. Redacted reports already produced by the government. The defense wanted unredacted reports already produced by the government. On November 4, 2005, the United States provided all of the HAMC Phoenix ROIs to the defense without any redactions. Additionally, on November 4, 2005, the United States provided almost all of the Operation Dequiallo case to the defense without any redactions. There were only a few redactions and one report which the United States sought via a protective order. There were some reports from Operation Dequiallo that were blank because ATF pulled a report number but did not use it, and thus, there is no report to disclose. Those blank reports are ROIs 67, 103 and 107, which correspond to Matrix item numbers 104, 130 and 133. E. Search Warrants from Operation Dequiallo. On November 4, 2005, the United States provided all of the Operation Dequiallo search warrants to the defense without redactions. F. Fabricant Transcripts. On November 4, 2005, the United States provided all of the Fabricant transcripts in its possession to the defense without redactions.
Respectfully submitted on December 14, 2005.

/s/ Keith Vercauteren Assistant United States Attorney

Case 2:03-cr-01167-DGC

Document 988

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I certify that on December 14, 2005 I electronically submitted the attached document to the clerks' office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants with a courtesy copy to the court: Joseph E Abodeely [email protected], [email protected] [email protected]

4 David Zeltner Chesnoff 5 Timothy T Duax 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [email protected],[email protected], [email protected] [email protected], [email protected]

Carmen Lynne Fischer Patricia Ann Gitre Alan Richard Hock Thomas M Hoidal Barbara Lynn Hull David M Ochoa Jose S Padilla Mark A Paige James Sun Park

[email protected], [email protected] [email protected] [email protected], [email protected] [email protected] [email protected]

[email protected], [email protected] [email protected] [email protected], [email protected], [email protected], [email protected] [email protected] [email protected], [email protected] [email protected], [email protected]

C Kenneth Ray , II Brian Fredrick Russo Michael Shay Ryan Philip A Seplow

[email protected], [email protected]

Robert Storrs &nb! sp [email protected], [email protected] Loyd C Tate [email protected] [email protected],

Keith Eric Vercauteren, [email protected], [email protected]

Case 2:03-cr-01167-DGC

Document 988

Filed 12/14/2005

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