Opinion
No. 02 CR 464-1-11.
July 14, 2004
MEMORANDUM OPINION AND ORDER
For the reasons stated below and during the status conference on July 14, 2004, the following motions are resolved as follows:
1.) Motions for Preservation of Agent's Notes by Richard Carmen [130], Alberto Rodriguez [166] and Charles States [116] are mooted by the government's response [196]. The government has instructed Agent Lindsay to preserve her notes and to instruct her colleagues to do the same.
2.) Motions for Production of 404(b) Materials by Richard Carmen [122], Alberto Rodriguez [165] and Charles States [114] are mooted by the government's response. The government has indicated that it will provide notice six weeks in advance of trial. In his motion, Rodriguez also requested disclosure of Rule 608(b) material. This request is denied in accordance with the Court's previous ruling [288].
3.) Brady and Giglio Motions by Richard Carmen [126], Omar Avila [175], Alberto Rodriguez [170], and Charles States [113] are mooted by the government's response. The government has acknowledged its obligations under Brady and Giglio, has turned over voluminous discovery materials to date, and agrees to disclose Jencks Act materials six weeks in advance of trial.
4.) Motion for Disclosure of Witness Statements by Alberto Rodriguez [171] is mooted by the government's response relating to Jencks Act materials.
5.) Motion for a List of Witnesses by Richard Carmen [132] is denied. The Court encourages the parties to consider reaching a formal agreement regarding mutual disclosure of witness lists in advance of trial.
6.) Motion as to Guilt and Punishment Issues by Omar Avila [176] is withdrawn.
7.) Motion to Disclose Contacts between Government Agents and Jailhouse Informants by Omar Avila [177] is denied.SO ORDERED.