Opinion
21-20279-CR-MARTINEZ
05-04-2022
UNITED STATES OF AMERICA, v. RYAN ALEXANDER LAURENT, Defendant.
ORDER ON MOTION TO COMPEL
PATRICIA A. SEITZ, UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court on Defendant Ryan Laurent's Motion to Compel [DE 158], In preparation for trial, the Government obtained co-defendant Davares Rowe's recorded telephone calls and e-mails from the Florida Department of Corrections (“FDC”) [DE 173 at 1]. On April 25, 2022, the Government provided the Defendant with a copy of those calls and e-mails [DE 158 at 2]. Defendant moves for the Court to compel the Government to disclose which of those e-mails and calls the Government believes are “material” [DE 158 at 3]. In response, the Government states that it does not intend to use any of the FDC calls or e-mails at trial [DE 173 at 1], The Court will hold the Government to this statement and will not permit it to introduce any of the FDC calls or e-mails that are not identified in its trial exhibit list [See DE 157 ¶ 3]. While the Government has advised Defendant that it did not find anything of value for its use nor anything in its review that appeared exculpatory, the Government cannot be obligated to assess what, if anything, in the communications could be exculpatory or lead to exculpatory evidence. Presumably, at this point, Defendant is in the best position to determine if any of Mr. Rowe's communications are exculpatory or would lead to exculpatory evidence.
For the foregoing reasons, it is hereby ORDERED AND ADJUDGED that Defendant's Motion to Compel, [DE 158], is DENIED.
DONE AND ORDERED.