Court filing

RESPONSE to Standing Discovery Order by USA as to Eric Dean Sheppard — Eric Dean Sheppard (Dkt. 25)

No. 1:22-cr-20290-BB · Doc. 25 · Docket on CourtListener

Full text

Case 1:22-cr-20290-BB Document 25 Entered on FLSD Docket 08/02/2022 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-20290-CR-BLOOM/OTAZO-REYES

UNITED STATES OF AMERICA,

ERIC DEAN SHEPPARD,

Defendant.
________ /

GOVERNMENT=S RESPONSE TO
THE STANDING DISCOVERY ORDER

The United States hereby files this response to the Standing Discovery Order. This

response also complies with Local Rule 88.10 and Federal Rule of Criminal Procedure 16.

A. 1. Enclosed, please find copies of statements made by the Defendant at
deposition.

2. The government is unaware of any relevant oral statements made by the
defendant before or after arrest in response to interrogation by any person
then known to the defendant to be a government agent that the government
intends to use at trial.

3. No defendant testified before the Grand Jury.

4. The defendant’s prior criminal record is attached.

5. Books, papers, documents, data, photographs, tangible objects, buildings or
places, within the government’s possession, custody or control, which are
material to the preparation of the defendant’s defense, or which the
government intends to use as evidence at trial to prove its case in chief, or
which were obtained from or belong to the defendant, may be inspected at
a mutually convenient time at: the Office of the United States Attorney, 99
Northeast 4th Street, Miami, Florida, Suite 4000. Please call the
undersigned to set up a date and time that is convenient to both parties.

The attachments to this discovery response are not necessarily copies of all
the books, papers, documents, data, etc., that the government may intend to

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Case 1:22-cr-20290-BB Document 25 Entered on FLSD Docket 08/02/2022 Page 2 of 4

introduce at trial.

6. There were no physical or mental examinations or scientific tests or
experiments made in connection with this case.

B. DEMAND FOR RECIPROCAL DISCOVERY: Pursuant to the Standing
Discovery Order, the United States requests the disclosure and production
of materials listed in Section (b) of Local Rule 88.10. This request is also
made pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure.

C. The government will disclose any information or material which may be
favorable on the issues of guilt or punishment within the scope of Brady v.
Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97
(1976).

D. The government will disclose any payments, promises of immunity,
leniency, preferential treatment, or other inducements made to prospective
government witnesses, within the scope of Giglio v. United States, 405 U.S.
150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959).

E. The government will disclose any prior convictions of any alleged co-
conspirator, accomplice or informant who will testify for the government at
trial.

F. No defendant was identified in a lineup, show up, photo array or similar
identification proceedings.

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Case 1:22-cr-20290-BB Document 25 Entered on FLSD Docket 08/02/2022 Page 3 of 4

G. The government has advised its agents and officers involved in this case to
preserve all rough notes.

H. The government will timely advise the defendant of its intent, if any, to
introduce at trial extrinsic act evidence pursuant to F.R.E. 404(b). Pursuant
to Local Rule 88.10, the notice will be provided regardless of whether the
evidence may be used in the case-in-chief, for impeachment or possible
rebuttal, and will include the general nature of the evidence.

You are hereby on notice that all evidence made available to you for
inspection, as well as all statements disclosed herein or in any future
discovery letter, may be offered in the trial of this cause, under F.R.E.
404(b) or otherwise (including the inextricably-intertwined doctrine).

I. The defendant is not an aggrieved person, as defined in Title 18, United
States Code, Section 2510(11), of any relevant electronic surveillance that
was authorized pursuant to 18 U.S.C. § 2516 and 18 U.S.C § 2518 and that
has been unsealed in accordance with 18 U.S.C § 2518.

J. The government has ordered transcribed the Grand Jury testimony of all
witnesses who will testify for the government at the trial of this cause.

K. No contraband is involved in this indictment.

L. The government does not know of any automobile, vessel, or aircraft
allegedly used in the commission of this offense that is in the government's
possession.

M. The government is not aware of any latent fingerprints or palm prints which
have been identified by a government expert as those of the defendant.

N. The government will make every possible effort in good faith to stipulate to
all facts or points of law the truth and existence of which is not contested
and the early resolution of which will expedite trial. These stipulations will
be discussed at the discovery conference.

The government is aware of its continuing duty to disclose such newly discovered
additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules
of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial.

In addition to the request made above by the government pursuant to the Standing
Discovery Order, Local Rule 88.10(b), and Rule 16(b) of the Federal Rules of Criminal Procedure,
in accordance with Rule 12.1 of the Federal Rules of Criminal Procedure, the government hereby
demands Notice of Alibi defense; the approximate time, date, and place of the offense was:

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Case 1:22-cr-20290-BB Document 25 Entered on FLSD Docket 08/02/2022 Page 4 of 4

Time: See Indictment
Date: See Indictment
Place: See Indictment

Enclosed is a thumb drive containing documents bates numbered as SHEPP_000001 –
SHEPP_010356. Please contact the undersigned Assistant United States Attorney if any pages are
missing.

Respectfully submitted,

JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY

By: /s Marty Fulgueira Elfenbein______
MARTY FULGUEIRA ELFENBEIN
Assistant United States Attorney
Florida Bar No. 0020891
99 Northeast 4th Street
Miami, Florida 33132-2111
Tel: (305) 961-9112
Email: Marta.Elfenbein@usdoj.gov

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 2, 2022, I electronically filed the foregoing document
with the Clerk of the Court using CM/ECF, which will send Notices of Electronic Filing to all
counsel of record.

/s Marty Fulgueira Elfenbein_________
MARTY FULGUEIRA ELFENBEIN
Assistant United States Attorney

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