Opinion
Case No. 01-40011-02-RDR
April 23, 2001
MEMORANDUM AND ORDER
On April 20, 2001, the court held a hearing to consider the pretrial motions filed by defendant Travis Splechter. The purpose of this memorandum and order is to memorialize the rulings made by the court at that hearing.
The defendant is charged with conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 846. His co-defendants, Kelly Dean Ewing and Todd Raymond Staggs, have entered pleas of guilty.
The defendant has filed the following pretrial motions: (1) motion to compel disclosure of existence and substance of promises of immunity, leniency or preferential treatment; (2) motion for disclosure of 404(b) evidence; (3) motion for additional and separate peremptory challenges; (4) motion pursuant to F.R.E. 803(24); (5) motion to join pretrial motions filed by co-defendants; and (6) motion for disclosure of Jencks Act materials.
MOTION TO COMPEL DISCLOSURE OF EXISTENCE AND SUBSTANCE OF PROMISES OF IMMUNITY, LENIENCY OR PREFERENTIAL TREATMENT
The defendant seeks an order requiring the government to disclose the existence, substance and manner of execution or fulfillment of any promises, agreements, understandings or arrangements, either verbal or written, between the government and any prosecution witness or informant of immunity, leniency or preferential treatment.
The government does not object to this motion. The government has indicated that it will provide this information reasonably in advance of trial. With the government's response, this motion will be denied as moot.
MOTION FOR DISCLOSURE OF 404(B) EVIDENCE
The defendant seeks an order directing the government to disclose any prior convictions or other crimes, wrongs or acts that the government intends to introduce at trial pursuant to F.R.E. 404(b).
The government has indicated that it is not aware of any evidence at this time that it will seek to introduce at trial under F.R.E. 404(b). The government has further indicated that it will notify the defendant if it becomes aware of any such evidence that it intends to introduce at trial. With the government's response, this motion will also be denied as moot.
MOTION FOR ADDITIONAL AND SEPARATE PEREMPTORY CHALLENGES
The defendant requests three additional challenges to be exercised separately from the challenges provided to all defendants.
Since the filing of this motion, the co-defendants have entered pleas of guilty. Accordingly, this motion shall be denied.
MOTION PURSUANT TO F.R.E. RULE 803(24)
The defendant seeks an order requiring the government to disclose prior to trial the substance of any statements that it intends to offer under F.R.E. 803(24).
The government has indicated that it is not aware of any evidence that it intends to introduce under what has now become F.R.E. 807. The government has further indicated that it will notify the defendant if it becomes aware of any such evidence that it intends to introduce at trial. With the government's response, this motion will be denied as moot.
MOTION TO JOIN PRETRIAL MOTIONS FILED BY CO-DEFENDANTS
The defendant seeks to join in the pretrial motions filed by his co-defendants. Since the filing of this motion, the co-defendants have entered pleas of guilty and withdrawn all motions. Accordingly, this motion shall be denied.
MOTION FOR DISCLOSURE OF JENCKS ACT MATERIALS
The defendant seeks an order requiring the government to disclose prior statements of government witnesses at least thirty days prior to trial.
The government does not object to this motion and has agreed to provide any and all prior statements of government witnesses at least thirty days prior to trial. With the government's response, this motion will be denied as moot.
IT IS THEREFORE ORDERED that defendant's motion to compel disclosure of existence and substance of promises of immunity, leniency or preferential treatment (Doc. # 44) be hereby denied as moot.
IT IS FURTHER ORDERED that defendant's motion for disclosure of 404(b) evidence (Doc. # 45) be hereby denied as moot.
IT IS FURTHER ORDERED that defendant's motion for additional and separate peremptory challenges (Doc. # 46) be hereby denied.
IT IS FURTHER ORDERED that defendant's motion pursuant to F.R.E. Rule 803(24) (Doc. # 47) be hereby denied as moot.
IT IS FURTHER ORDERED that defendant's motion to join pretrial motions filed by co-defendants (Doc. # 48) be hereby denied.
IT IS FURTHER ORDERED that defendant's motion for disclosure of Jencks Act materials (Doc. # 49) be hereby denied as moot.
IT IS SO ORDERED.