Opinion
Criminal Action 19-00315-01-CR-W-DGK 19-00315-02-CR-W-DGK 19-00315-04-CR-W-DGK 19-00315-08- CR-W-DGK 19-00315-10-CR-W-DGK
07-27-2022
UNITED STATES OF AMERICA Plaintiff, v. LADELE D. SMITH 1, ROY O. FRANKLN, JR. 2, DAVID J. DUNCAN, IV 4, CORY T. BROWN 8, and GARY O. TOOMBS 10. Defendants.
MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE
JILL A. MORRIS, UNITED STATES MAGISTRATE JUDGE
The following matters were discussed and action taken during the pretrial conference:
PENDING CHARGES: The Superseding Indictment (Doc. 234) contains the following charges:
Defendant Smith: Counts 1- 3, 6-18
Defendant Franklin: Counts 1-2, 6-8, 19-24
Defendant Duncan: Counts 1, 6-7, 25-26, 35-39
Defendant Brown: Count 1
Defendant Toombs: Counts 1-2, 8
TRIAL COUNSEL:
Government: Ashleigh Ragner & Mary Kate Butterfield
Case Agent: Special Agent Doug McKelway (FBI)
Defendant Smith: Angela Hasty
Defendant Franklin: Justin Johnston
Defendant Duncan: Joshua Adams, Quinn Michaelis & Vincent Rivera
Defendant Brown: Ellen Michaels, Lisa Dwyer & Marilyn Keller
Defendant Toombs: Lance Haley
OUTSTANDING MOTIONS:
Defendant Smith: Daubert motion to exclude testimony of Timothy Flohrschutz (Doc. 640)
Motion to suppress wiretap evidence (Doc. 667)
Motion to suppress social media records (Doc. 668)
Defendant Franklin: Daubert motion to exclude testimony of Timothy Flohrschutz (Doc. 611)
Motion to suppress wiretap evidence (Doc. 647)
Motion to suppress social media records (Doc. 648)
Defendant Duncan: None
Defendant Brown: Motion to suppress (Doc. 593), R&R filed 7/20/22 (Doc. 694)
Motion in limine (Doc. 700)
Defendant Toombs: None
ANTICIPATED MOTIONS: All defendants plan to file motions in limine.
TRIAL WITNESSES:
Government: 60 with stipulations; 80 without stipulations
Defendant Smith: 1-5 witnesses; Defendant will not testify
Defendant Franklin: 5-8 witnesses; Defendant may testify
Defendant Duncan: 1-3 witnesses; Defendant may testify
Defendant Brown: 1-2 witnesses; Defendant will not testify
Defendant Toombs: 1-3 witnesses; Defendant may testify
TRIAL EXHIBITS:
Government: 700 exhibits
Defendant Smith: 15 exhibits
Defendant Franklin: 20-30 exhibits
Defendant Duncan: 20-30 exhibits
Defendant Brown: 10-20 exhibits
Defendant Toombs: 10 exhibits
DEFENSES:
Defendant Smith:
(X) defense of general denial
() defenses of general denial and
Defendant Franklin:
(X) defense of general denial
() defenses of general denial and
Defendant Duncan:
(X) defense of general denial
() defenses of general denial and
Defendant Brown:
(X) defense of general denial
() defenses of general denial and
Defendant Toombs:
(X) defense of general denial
() defenses of general denial and
POSSIBLE DISPOSITION:
Defendant Smith:
(X) Definitely for trial
() Possibly for trial
() Motion to continue to be filed
() Likely a plea will be worked out
Defendant Franklin:
(X) Definitely for trial
() Possibly for trial
() Motion to continue to be filed
() Likely a plea will be worked out
Defendant Duncan:
(X) Definitely for trial
() Possibly for trial
() Motion to continue to be filed
() Likely a plea will be worked out
Defendant Brown:
(X) Definitely for trial
() Possibly for trial
() Motion to continue to be filed
() Likely a plea will be worked out
Defendant Toombs:
(X) Definitely for trial
() Possibly for trial
() Motion to continue to be filed
() Likely a plea will be worked out
TRIAL TIME: 3 weeks
Government's case including jury selection: 2 weeks
Defendant Smith's case: ½ - 1 day
Defendant Franklin's case: ½ - 1 day
Defendant Duncan's case: ½ day
Defendant Brown's case: 1 day
Defendant Toombs' case: ½ day
STIPULATIONS: The Government plans to propose stipulations regarding chemistry, business records, chain of custody, foundation only as it pertains to wire intercepts, and foundation as to all exhibits generally.
Defendant Smith:
(X) not likely
() not appropriate
() likely as to:
() chain of custody
() chemist's reports
() prior felony conviction
() interstate nexus of firearm
() other: ________
Defendant Franklin:
() not likely
() not appropriate
(X) likely as to:
() chain of custody
() chemist's reports
() prior felony conviction
() interstate nexus of firearm
(X) foundation
Defendant Duncan:
() not likely
() not appropriate
(X) likely as to:
() chain of custody
() chemist's reports
() prior felony conviction
() interstate nexus of firearm
(X) foundation
Defendant Brown:
() not likely
() not appropriate
(X) likely as to:
() chain of custody
() chemist's reports
() prior felony conviction
() interstate nexus of firearm
(X) foundation
Defendant Toombs:
() not likely
() not appropriate
(X) likely as to:
() chain of custody
() chemist's reports
() prior felony conviction
() interstate nexus of firearm
(X) foundation
UNUSUAL QUESTIONS OF LAW: None
FILING DEADLINES:
Witness and Exhibit Lists:
Government: August 8, 2022
Defense: August 8, 2022
Counsel are requested to list witnesses in alphabetical order on their witness list.
Exhibit Index, Voir Dire, Jury Instructions: August 8, 2022
Jury instructions must comply with Local Rule 51.1
Motions in Limine: August 8, 2022
TRIAL SETTING: This case is specially set before Judge Kays August 29, 2022 through September 16, 2022 (Doc. 605)
OTHER:
() A _________-speaking interpreter is required.
() Other assistive devices: ___________________
IT IS SO ORDERED.