Opinion
CR 21-328 YGR
05-01-2024
UNITED STATES OF AMERICA, Plaintiff, v. DAVID CERVANTES, JAMES PEREZ, GEORGE FRANCO, TRINIDAD MARTINEZ, and GUILLERMO SOLORIO Defendants
PRETRIAL ORDER NO. 6 RE CONTINUED EVIDENTIARY HEARING AND CO-CONSPIRATOR STATEMENTS
YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE
TO ALL PARTIES AND COUNSEL OF RECORD:
First, having reviewed and considered the filings to date and the testimony of retired Task Force Officer Charlie Chua, the Court believes it is necessary to obtain the testimony of FBI Special Agent Andrew Jimenez. At this juncture, the Court does not find that additional testimony is necessary. Thus, the Court SETS an additional evidentiary hearing for Tuesday, May 7, 2024 at 8:00 a.m. in Courtroom One of the United States District Court in Oakland, California. Special Agent Jimenez shall appear in person.
Second, as the Court continues to evaluate the parties' motions in limine, and with respect to United States' Motion in Limine #3 to admit co-conspirator statements, the government shall provide the following updates and documents related to Exhibit A to its Motion in Limine No. 3 (Dkt. No. 1164), which was filed with the Court under seal on March 14, 2024 (the “CoConspirator Spreadsheet”) by Noon on Friday, May 3, 2024:
a) The government shall provide to the Court all exhibits referenced as support for the intercepted communications and kites in the Co-Conspirator Spreadsheet. The government shall deliver one chambers set in addition to electronic copies.
b) The government shall update the Co-Conspirator Spreadsheet to identify the sponsoring witness through which each co-conspirator statement is being offered for admission into evidence.
c) The government shall advise the Court on the meaning of the term “Declarant” as used in the Co-Conspirator Spreadsheet. Specifically, if the author of the statement is different than the witness the government plans to rely on for the introduction of such testimony, the government shall identify both the sponsoring witness as well as the speaker.
d) The government shall provide a number for each row in the “Protected Witness Testimony” tab of the Co-Conspirator Spreadsheet so that an order references the “numbered statement” rather than a “row” on the spreadsheet.
It Is So Ordered.