Free Other Notice - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona KEITH E. VERCAUTEREN Assistant U.S. Attorney Arizona State Bar No. 013439 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA _______________________________________ ) United States of America, ) No.: CR-03-1167-PHX-DGC ) Plaintiff, ) THIRTEENTH CASE ) MANAGEMENT REPORT v. ) FILED BY THE UNITED STATES ) Robert Johnston, et al., ) ) Defendants. ) _______________________________________) The United States submits this Thirteenth Case Management Report to the Court for consideration of the issues to be discussed at the case management conference to be held on January 19, 2006. 1. Status of Nevada Federal and State Prosecutions At this time the Federal case is set for trial on March 6, 2006, with a status conference set for January 30, 2006. The State case is still on appeal. 2. Status of Discovery The defense has filed numerous discovery motions and the United States has responded to all of them. This Court granted an extension to the United States to file its responses in this case to January 17, 2006. The defense requests an additional week to file its replies to the responses filed by the United States. The United States has no objection to this request by the defense.

Case 2:03-cr-01167-DGC

Document 1088

Filed 01/18/2006

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3.

Due Process Defendants claim the government has hidden discovery to avoid timely and meaningful

disclosure. As proof they trot out the well-worn claim regarding the McHugh ROI. Defendants complain that the McHugh ROI was hidden within the pen register data. The United States already explained to this Court and the defense on the record that this labeling of the McHugh ROI within the pen register data was a defense and APEX labeling issue, and not by any misdeeds by the United States. As the United States explained on the record on October 21, 2005, undersigned counsel provided the defense with 1½ boxes of pen register data. The United States placed additional discovery on top of the ½ filled box and explained to defense counsel Russo the contents of said material. The United States also provided a list of the materials that were contained in these two boxes to the defense, which included the fact that there was an interview with McHugh in these materials. It is unclear what the defense hopes to gain by repeating allegations long since proven to be false. 4. Notice of Potential Discovery The government has requested a protective order, and will make subsequent disclosures in accord with this Court's rulings regarding discovery. Respectfully submitted on January 17, 2006. PAUL K. CHARLTON United States Attorney District of Arizona

s/ Keith Vercauteren Keith Vercauteren Assistant United States Attorney

Case 2:03-cr-01167-DGC

Document 1088

Filed 01/18/2006

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I hereby certify that on January 17, 2006, I electronically transmitted the attached 2 document to the Clerk's Office using the CM/ECF system for filing and 3 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
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Joseph E. Abodeely, [email protected], [email protected] David Zeltner Chesnoff, [email protected] Carmen Lynne Fischer, [email protected], [email protected] Patricia Ann Gitre, [email protected], [email protected] Alan Richard Hock, [email protected] Thomas M Hoidal, [email protected], [email protected] Barbara Lynn Hull, [email protected] David M Ochoa, [email protected] Jose S Padilla, [email protected], [email protected] Mark A Paige, [email protected] James Sun Park, [email protected], [email protected],[email protected] C Kenneth Ray, II, [email protected] Brian Fredrick Russo, [email protected], [email protected] Michael Shay Ryan, [email protected], [email protected] Philip A Seplow, [email protected], [email protected] Robert Storrs, [email protected], [email protected]

s/ Keith E. Vercauteren KEITH E. VERCAUTEREN

Case 2:03-cr-01167-DGC

Document 1088

Filed 01/18/2006

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