Opinion
2:08-cr-49.
October 3, 2008
MEMORANDUM ORDER
Pending before the Court are the following motions filed by Defendant: MOTION REQUESTING NOTICE PURSUANT TO RULE 404(b) (Document No. 19); MOTION TO RETAIN AND PROVIDE ROUGH NOTES (Document No. 20); and MOTION TO COMPEL DISCLOSURE OF IMPEACHMENT MATERIAL AND EXCULPATORY EVIDENCE (Document No. 21), with Memorandum of Law in support. The government has filed responses to each motion (Document Nos. 27-29) and the motions are ripe for disposition.
Defendant is charged in the three-count indictment with conspiracy and money laundering arising from an alleged scheme involving home mortgage loans. The instant motions relate to pretrial discovery.
Motion Requesting Notice Pursuant to Rule 404(b)
Motion to Provide Rough Notes
404GRANTED. See United States v. Ramos,27 F.3d 6568 Brady, Giglio, in camera United States v. Ammar, 714 F.2d 238259GRANTED IN PART AND DENIED IN PART.
The government agrees that it has a duty to turn over evidence that could be used to impeach its witnesses, including their plea agreements and evidence that is inconsistent with one of the cooperating witnesses' statements. The government suggests that this material be turned over at the same time as the Jencks material — at least one week before trial. The Court will accept the government's representation and order that such evidence be produced at least one week prior to trial.
Accordingly, the MOTION TO COMPEL DISCLOSURE OF IMPEACHMENT MATERIAL AND EXCULPATORY EVIDENCE (Document No. 21) is GRANTED IN PART AND DENIED IN PART AS MOOT.
SO ORDERED