USA v. Santana-Pierna et al

Filing 48

Order, Set Deadlines

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

UNITED STATES OF AMERICA
Plaintiff,
vs.
JOEL SANTANA-PIERNA a/k/a
GREGORY ALEXIS ORTIZ-MUNIZ
a/k/a OMAR CALDERON
HERNANDEZ a/k/a EDWARD
ALAMO ALAMO a/k/a “PRIMO”;
ABEL SANTANA-PIERNA a/k/a
EMMANUEL MORALES-DIAZ;
MISAEL POLANCO-VILLA a/k/a
“JOSE”;
NICOLAS JIMENEZ SANCHEZ; and
RANDIN PAREDES HENRIQUEZ,

3:12-cr-002-TMB-JDR
ORDER FROM CHAMBERS
REGARDING
DISCOVERY PLAN
and
PRETRIAL MOTION SCHEDULE

Defendants.

This criminal case charges defendant with theft, fraud and
misapplication from an organization receiving federal funds and money laundering.
Trial in this case is currently set for June 11, 2012. The case was declared
complex by District Court Judge Timothy Burgess on February 24, 2012. Docket 47.

It is the purpose of this order to set a time table for the government’s
production of designated categories of discovery so further litigation will not be
needed. It is the intent of the Court to avoid unnecessary delay in the production of
discovery.

The parties should continue to work together to provide available

discovery to the defense expeditiously and economically. The defendant should
avoid filing boiler plate discovery motions where the matter can be resolved by
meeting and conferring with the government attorney.
The Pretrial Motion Schedule is binding on all counsel in this case
unless otherwise ordered. This order is not subject to amendment by the parties
without Court approval. The deadlines set below present the latest dates on which
the government has to produce evidence relevant to that category. In the spirit of
continued cooperation the Court expects the government to provide discovery prior
to those dates when feasible. The government will keep a list of discovery provided
to the defendant and the date it was produced.
Discovery and Inspection Plan
1.

Defendant’s oral, written or recorded statements as described in

Fed. R. Crim. P. 16 (a)(1)(A) and (B) disclosed by the government are due
March 1, 2012.
2.

Defendant’s prior record as described in Fed. R. Crim. P.

16(a)(1)(D) due by March 1, 2012.

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3.

All documents and objects as described in Fed. R. Crim. P. 16

(A)(1)(E), shall be produced by the government by March 1, 2012.
4.

Documents and tangible evidence, as well as oral statements, or

other evidence which tends to exculpate a defendant; or is favorable or useful to the
defense on the issues of guilt or punishment; or is otherwise subject to disclosure
as exculpatory material pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and
Giglio v. United States, 405 U.S. 150 (1972) is due no later than May 3, 2012.
5.

The government will notify defendant by March 10, 2012 of its

intent to use statements of co-conspirators and the government will identify those
statements as specifically as possible by March 10, 2012.
6.

The government will identify any experts it intends to use in its

case-inchief pursuant to Fed. R. Evid. 702, 703 and 705 by April 27, 2012.
7.

The defendant will identify any experts they intend to use at trial

pursuant to Fed. R. Evid. 702, 703 and 705 by May 15, 2012.
8.

Government expert reports and summary of expert testimony

during the case-in-chief pursuant to Fed. R. Crim. P. 16 (A)(1)(G) shall be produced
by the government by May 8, 2012.
9.

Defendant expert reports shall be produced by the defense to the

government by May 8, 2012.

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10.

Government reports of examinations and tests as described in

Fed. R. Crim. P. 16 (a)(1)(F), excluding the expert reports described above, to be
produced by the government, May 8, 2012.
11.

Defense reports of examinations and tests, as described in Fed.

R. Crim. 16 (b)(1)(B), excluding the expert reports described above, shall be
disclosed by May 15, 2012.
12.

Defense documents and objects as described in Fed. R. Crim. P.

16 (b)(1)(A) shall be disclosed or made available for inspection by the government
by March 10, 2012.
13.

Evidence of other crimes, wrongs or acts the government seeks

to use at any time during the trial pursuant to Fed. R. Evid. 404(b) shall be disclosed
on or before March 10, 2012.
14.

Evidence of conviction of a crime which the government seeks

to introduce at trial pursuant to Fed. R. Evid. 609 shall be disclosed on or before
May 31, 2012.
The government is directed to certify that all discovery required by law
and this Order has been provided to the defense by May 31, 2012.
/
/
/

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Pretrial Motions Deadlines
Motion Deadline

Response Deadline

Motions related to discovery

March 1, 2012

March 8, 2012

Motion challenging the indictment
or statutes involved; motions for
bill of particulars

March 1, 2012

March 8, 2012

Motions to suppress evidence;
motion to disclose confidential
informants; motions challenging
admissibility of evidence

March 15, 2012

March 26, 2012

Motions to sever;
motions in limine

March 22, 2012

March 30, 2012

Motions related to experts

May 4, 2012

May 11, 2012

Given the lengthy time provided by the trial court for the completion of
discovery and presentation of pretrial issues, no continuances of the pretrial motions
due dates will be granted absent extraordinary circumstances.
Further Disclosures
All disclosures required by the Jencks Act, 18 U.S.C. § 3500, shall be
produced by the government no later than June 1, 2012.
Both the government and defense have a continuing duty to disclose
any additional evidence or material discovered before or during trial if the federal

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rules or this Court’s order requires its production. Such evidence must be promptly
disclosed to the other party or the Court.
If a party fails to comply with this discovery order, the Court may order
that discovery or inspection occur by a certain date and in a certain manner; grant
a continuance; prohibit the offending party from introducing the undisclosed
evidence at trial; or enter any other order that is just under the circumstances.
DATED this 28th day of February, 2012, at Anchorage, Alaska.

/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

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