Court filing
United States' Response to the Standing Discovery Order — USA v. Alexandra Acosta (S.D. Fla.)
Filed October 26, 2023 in USA v. Alexandra Acosta; one of 136 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-10-26 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60170-RNS · Doc. 15 · 2023-10-26 · Docket on CourtListener
Full text
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 23-CR-60170-SCOLA
UNITED STATES OF AMERICA,
vs.
ALEXANDRA ACOSTA,
Defendant.
/
UNITED STATES’ RESPONSE TO
THE STANDING DISCOVERY ORDER
The United States 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.
There are no recorded statements made by the defendant.
2.
There is no written record containing the substance of any oral statement
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.
3.
The defendant did not testify 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,
500 E. Broward Blvd., Fort Lauderdale, Florida, Suite 700. Please call the
undersigned to set up a date and time that is convenient to both parties. The
undersigned will tentatively set the date for November 3, 2023, at 2:00 p.m.
Please call the undersigned with 48 hours’ notice if you intend to review the
evidence at this date and time.
The attachments to this discovery response are not necessarily copies of all
the books, papers, documents, data, etc., that the government may intend to
introduce at trial.
Case 0:23-cr-60170-RNS Document 15 Entered on FLSD Docket 10/26/2023 Page 1 of 3
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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.
The defendant was not identified in a lineup, show up, photo array or similar
identification proceedings.
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
Case 0:23-cr-60170-RNS Document 15 Entered on FLSD Docket 10/26/2023 Page 2 of 3
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witnesses who will testify for the government at the trial of this cause.
K.
No controlled substance 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.
There are no fingerprints or fingerprint analysis associated with this matter.
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:
Time: See Indictment
Date: See Indictment
Place: See Indictment
All discovery in this case, including but not limited to lender records, bank records, ISP
records, and interview reports has been electronically shared with defense counsel via USAfx.
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
BY: Trevor C. Jones
TREVOR C. JONES
Assistant United States Attorney
Fla. Bar No. 0092793
500 E. Broward Blvd., 7th Floor
Fort Lauderdale, Florida 33394
Tel: (786) 564-9109
Trevor.Jones@usdoj.gov
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