Motion for Disclosure re Co-Conspirators' Hearsay Exceptions — USA v. Okojie (Dkt. 34, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 4:22-cr-00084-LGW-BWC · Doc. 34 · 2022-09-15 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA           )
       )
v.
       )
 CASE NUMBER: CR422-0084
       )
BERNARD OKOJIE, 
       )
Defendant 
       )
       )
   DEFENDANT BERNARD OKOJIE’S       
CO-CONSPIRATORS’ HEARSAY EXCEPTIONS
COMES NOW, BERNARD OKOJIE, Defendant in the above-styled action, by
and through his counsel of record, and moves this Court for the substance of any and all
statements that the government alleges are admissible as statements of a co-conspirator
made during the course and in furtherance of the conspiracy.  Federal Rule of Evidence
801(d)(2)(E); Federal Rule of Criminal Procedure 16(a)(1)(A)
The rationale underlying the above-stated rule is that each co-conspirator is the
“agent” of the other once a conspiracy is shown to exist.  As a defendant’s agent,
statements made by co-conspirators within the scope of that agency and in furtherance of
same are said to be impliedly authorized by the defendant as principal and are therefore
admissions by the defendant.  Given that such co-conspirator’s statements are admissible
because they are treated as statements of or adopted by the defendant, then such
statements should be discoverable as the defendant’s own pursuant to Rule 16(a)(1)(A)
on the same theory.  United States v. Bradshaw, 2002 WL 243731 (1st Cir. 2002); United
States v. Tyler, 281 F.3d 84(3rd Cir. 2002); United States v. Martinez-Medina, (1st Cir.
2002)
Case 4:22-cr-00084-LGW-BWC     Document 34     Filed 09/15/22     Page 1 of 3

Accordingly, Mr. Okojie requests that this Court order the government to disclose
to the undersigned counsel such statements as the government intends to introduce in the
above-styled action as relate to hearsay statements made by Mr. Okojie’s alleged co-
conspirators.
Respectfully submitted, this 15th day of September, 2022.        
      
/s/John J. Ossick, Jr. 
Georgia Bar Number 555150
JOHN J. OSSICK, JR., P.C.
Post Office Box 1087
Kingsland, Georgia 31548
Telephone:  912-729-5864 
E-mail: ossick@tds.net  
Case 4:22-cr-00084-LGW-BWC     Document 34     Filed 09/15/22     Page 2 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA           )
       )
v.
       )
 CASE NUMBER: CR422-0084
       )
BERNARD OKOJIE, 
       )
Defendant 
       )
       )
CERTIFICATE OF SERVICE
This is to certify that I have this day served all parties in this case in accordance
with the directives from the Court Notice of Electronic Filing (“NEF”), which was
generated as a result of electronic filing.
This 15th day of September, 2022.           
s/John J. Ossick, Jr. 
Georgia Bar Number 555150
JOHN J. OSSICK, JR., P.C.
Post Office Box 1087
Kingsland, Georgia 31548
Telephone:  912-729-5864 
E-mail: ossick@tds.net  
Case 4:22-cr-00084-LGW-BWC     Document 34     Filed 09/15/22     Page 3 of 3

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