Court filing
JOINT LETTER by USA as to Adedayo Ilori addressed to Judge Mary Kay Vyskocil from Daniel… — USA v. Ilori et al (Dkt. 61)
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2022-07-18 |
U.S. District Court for the Southern District of New York · No. 1:21-cr-00746-MKV · Doc. 61 · 2022-07-18 · Docket on CourtListener
Summary
A joint letter dated July 18, 2022, filed as Document 61 in United States v. Adedayo Ilori, S1 21 Cr. 746 (MKV), No. 1:21-cr-00746-MKV, in the U.S. District Court for the Southern District of New York, written by the Government on behalf of the parties to Judge Mary Kay Vyskocil. Ahead of a pretrial conference set for July 20, 2022, it states the parties have no objections to the Court's draft voir dire and charges. It reports the parties are available for trial the week of July 25, or otherwise the weeks of October 24, 2022; November 28, 2022; and January 9, 2023, citing witness availability and continuity of counsel. The letter states the defendant would suffer no substantial prejudice from delay because he is serving a 63-month sentence in case 20 Cr. 378 (LJL). It is signed by Assistant United States Attorneys Juliana N. Murray and Daniel G. Nessim.
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July 18, 2022
BY ECF
The Honorable Mary Kay Vyskocil
United States District Judge
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:
United States v. Adedayo Ilori,
S1 21 Cr. 746 (MKV)
Dear Judge Vyskocil:
The Government respectfully writes on behalf of the parties in advance of the pretrial
conference currently scheduled for July 20, 2022.
First, the parties have no objections to the Court’s draft voir dire and charges, which were
distributed at the July 12, 2022 conference in this matter. In addition, after reviewing the Court’s
draft charges, the parties believe that the Court’s draft charge number eight, concerning witness
credibility, adequately captures the instructions concerning a witness with an interest in the
outcome of the case. As a result, the parties believe that no further instruction in this regard is
necessary.
Second, the parties also wish to provide the Court with the availability of counsel and
witnesses for a rescheduled trial. The Government has gathered the available dates of trial
witnesses, case agents, and counsel. The parties are available for a trial in this matter during the
week of July 25.1 Unfortunately, given witness availability and trial conflicts, if a trial during the
week of July 25 is not feasible, the next available times where all witnesses and counsel are
available for trial are the weeks of October 24, 2022; November 28, 2022; and January 9, 2023.
While the parties regret requesting a rescheduled date several months away, under the
circumstances of this case, witness availability and continuity of counsel warrant this request. The
defendant and the public retain an interest in the speedy resolution of this matter, but the defendant
would suffer no substantial prejudice from a delay in trial; because he is serving the 63-month
sentence imposed by Judge Liman in case 20 Cr. 378 (LJL), the defendant is currently detained
post-conviction, rather than as a pretrial detainee.
1 Counsel for the defendant currently has a state court trial scheduled to begin on July 25, but could
try this case instead if the trial in this case rendered him unavailable for the state-court proceeding.
The Silvio J. Mollo Building
One Saint Andrew’s Plaza
New York, New York 10007
U.S. Department of Justice
United States Attorney
Southern District of New York
Case 1:21-cr-00746-MKV Document 61 Filed 07/18/22 Page 1 of 2
In addition, a trial on one of the proposed dates would still be relatively prompt, considering
the sophisticated and widespread fraud, identity theft, and money laundering offenses with which
the defendant is charged. The parties’ proposed dates would involve a trial either less than a year
or just over one year after the defendant was first arraigned on the charges in this case.
The parties are available to further discuss these scheduling issues at Wednesday’s
conference.
Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By: /s/__________________________
Juliana N. Murray
Daniel G. Nessim
Assistant United States Attorneys
(212) 637-2314 / -2486
cc: Peter Brill, Esq. (by ECF)
Case 1:21-cr-00746-MKV Document 61 Filed 07/18/22 Page 2 of 2File and source
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