Opinion
Criminal Action No. 11-cr-00140-MSK
10-14-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. LUCIO VAZQUEZ, (interp) 2. SAMUEL RETANO-GRADILLA, (Interp) a/k/a "Tejon", a/k/a Tejas", 3. JAMIE UPCHURCH, 4. JULIO GARCIA-ALVARADO, (Interp) 6. PEDRO GUILLEN-ORTIZ, 7. CARLOS FRANCISCO FELIX- HERNANDEZ, (Interp) Defendants.
Counsel Appearing: Susan Knox Barbara Skalla Robert Berger Robert Driscoll Kirkland Brush Michael Dowling Thomas Ward Harvey Steinberg
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Paul Zuckerman
Interpreters: Melinda Gonzales-Hibner Susanna Cahill
Counsel Appearing:
Susan Knox
Barbara Skalla
Robert Berger
Robert Driscoll
Kirkland Brush
Michael Dowling
Thomas Ward
Harvey Steinberg
COURTROOM MINUTES
HEARING: Motions
2:09 p.m. Court in session.
Defendants 1, 2, 3, 4 and 7 are present in custody; and defendant 6 is a fugitive at this time. Interpreters sworn.
Courtroom Minutes
Judge Marcia S. Krieger
The Court addresses Defendant Upchurch's Motion for Disclosure of Rule 404(b) Evidence (Doc. #118) is GRANTED. The Government will produce the requested information 60 days before trial. The Court addresses Defendant Upchurch's Motion for Jencks Act Materials (Doc. #119) ORDER: Defendant Upchurch's Motion for Jencks Act Materials (Doc. #119) is GRANTED. The Government will produce the requested information 30 days before trial. The Court addresses Defendant Upchurch's Motion for Disclosure of Confidential Informant (Doc. #120) ORDER: Defendant Upchurch's Motion for Disclosure of Confidential Informant (Doc. #120) is GRANTED consistent with the agreement of the parties reflected in the record. The Court addresses Defendant Felix-Hernandez's Motion for Discovery (Doc. #132) ORDER: Defendant Felix-Hernandez's Motion for Discovery (Doc. #132) is GRANTED. The Government will supply the requested information 60 days before trial. Defendant will file it's motion to suppress on the wiretaps by November 14, 2011. The Court addresses Defendant Felix-Hernandez's Motion for Disclosure of Experts (Doc. #133). ORDER: Defendant Felix-Hernandez's Motion for Disclosure of Experts (Doc. #133) is DENIED as moot. The Court addresses Defendant Felix-Hernandez's Motion to Preserve Notes (Doc. #134) ORDER: Defendant Felix-Hernandez's Motion to Preserve Notes (Doc. #134) is GRANTED in accordance with the Government's response. The Court addresses Defendant Felix-Hernandez's Motion for Disclosure of Rule 807 Evidence (Doc. # 135) ORDER: Defendant Felix-Hernandez's Motion for Disclosure of Rule 807 Evidence (Doc. # 135) is GRANTED in accordance with the Government's response. The Court addresses Defendant Felix-Hernandez's Motion for Rule 404(b) Evidence (Doc. #136) ORDER: Defendant Felix-Hernandez's Motion for Rule 404(b) Evidence (Doc. #136) is GRANTED in accordance with the Government's response. The Court addresses Defendant Felix-Hernandez's Motion for Disclosure of Confidential Informant (Doc. #137). ORDER: Defendant Felix-Hernandez's Motion for Disclosure of Confidential Informant (Doc. #137) is GRANTED in accordance with the Government's response. The Court addresses Defendant Felix-Hernandez's Motion for Disclosure of Brady Material (Doc. #138). ORDER: Defendant Felix-Hernandez's Motion for Disclosure of Brady Material (Doc. #138) is GRANTED in accordance with the Government's response. The Court addresses Defendant Felix-Hernandez's Motion for Disclosure of Promises of Lenity (Doc. # 139) ORDER: Defendant Felix-Hernandez's Motion for Disclosure of Promises of Lenity (Doc. # 139) is GRANTED in part and DENIED in part. The Court directs that any change of plea hearing that has not occurred within 30 days prior to the trial date in this case for those agreements that have been reached the proposed plea agreement will be transmitted to counsel Steinberg. The Court addresses Defendant Upchurch's Motion for Pretrial Determination of Admissibility of Co-Conspirator Statements (Doc. #125) ORDER: Defendant Upchurch's Motion for Pretrial Determination of Admissibility of Co-Conspirator Statements (Doc. #125) is GRANTED. The Government will submit its proffer to opposing counsel by November 18, 2011; defendant will provide its objections to the Government and file the proffer with the Court by December 2, 2011. The Court addresses the Government's Unopposed Motion for Extension of Time to File Response (Doc. #172) Argument. ORDER: The Government's Unopposed Motion for Extension of Time to File Response (Doc. #172) is GRANTED. Government's response to defendant Vazquez's Motion to Suppress Intercepted Communications (Doc. #155) will be filed by October 24, 2011. The Court addresses Defendant Vazquez's Motion to Suppress Intercepted Communications (Doc. #155) Argument and oral motion to supplement the current Motion to Suppress at Doc. #155. ORDER: Defendant Vazquez's oral motion to amend Motion at Doc. #155 is GRANTED. The motion will be supplemented/amended by October 21, 2011. The Government will file its response by October 31, 2011. The Court addresses Defendant Upchurch's Motion to Suppress Fruits of Illegal Search (Doc. #116); Defendant Felix-Hernandez's Motion to Suppress Fruits of Illegal Search (Doc. #114); and Defendant Retano-Gradilla's Motion to Suppress Arrest-Day Statements (Doc. #110) Statements from counsel as to time needed for the hearing. ORDER: Suppression hearing on all three motions (Doc. #116; 114; 110) will be set. Counsel will jointly contact chambers by October 21, 2011 to schedule a one (1) day suppression hearing on all three motions. The Court addresses Defendant Upchurch's Motion to Sever (Doc. #131) The Court defers ruling on this motion until the case is closer to trial. The Court addresses Defendant Vazquez's Motion for Extension of Time to File Motions (Doc. #115) and Defendant Garcia-Alvarado's Motion for Extension of Time to File Motions (Doc. #117). ORDER: Defendant Vazquez's Motion for Extension of Time to File Motions (Doc. #115) and Defendant Garcia-Alvarado's Motion for Extension of Time to File Motions (Doc. #117) are DENIED as moot. The hearing is concluded with regard to all defendants except Upchurch.
3:01 p.m. Court in recess
3:08 p.m. Court in session
ORDER: All defendants except Upchurch as remanded at this time. Hearing resumes as to matters regarding defendant Upchurch. The Government and defendant Upchurch are present. The proceedings are closed pursuant to the Government's request. The Court addresses Doc. # 156. Argument. Defendant has no objection. ORDER: Doc. # 156 is GRANTED. End of closed portion of the proceedings. The Government is excused from the hearing at this time. The Court addresses defendant's Defendant Upchurch's Ex Parte Motion (Doc. #100) Counsel will review the matter with the Court's CJA administrative staff. ORDER: Defendant is remanded to the care and custody of the United States Marshal Service.