Motion For a Hearing to Determine Voluntariness of Statements — USA v. Okojie (Dkt. 35, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 4:22-cr-00084-LGW-BWC · Doc. 35 · 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      
MOTION TO DETERMINE VOLUNTARINESS OF STATEMENTS
COMES NOW, BERNARD OKOJIE, Defendant in the above-styled action,
pursuant to Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908(1964) and
prior to trial and  moves this Court to grant him a hearing to determine the voluntariness
of any statements made by him to law enforcement officers after his arrest, if any were
made.  Currently counsel is not aware of any such statements having been made and files
this motion and recognizes that it should only apply if it is determined that any
statements were obtained.  In support of his motion, Mr. Okojie states:
1.
      
If the government, by and through the United States Attorney, attempts to
introduce into evidence at trial, oral admissions, written statements, and/or tape
recordings of statements made by Mr. Okojie to law enforcement officers while in
custody, those statements, if any were made, may incriminate Mr. Okojie and would have
been made in the absence of counsel and may have been made without any intelligent or
knowing waiver of counsel.
Case 4:22-cr-00084-LGW-BWC     Document 35     Filed 09/15/22     Page 1 of 3

WHEREFORE, if the United States Attorney attempts to introduce any statements
made by Mr. Okojie while in custody, he prays for a Jackson v. Denno hearing to
determine the voluntariness of the statements in the totality of circumstances and to 
determine the validity of any waiver of counsel prior to the interrogation.  Mr. Okojie
also prays that he be granted a hearing prior to trial to determine whether the statements
were voluntarily given.
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 35     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 35     Filed 09/15/22     Page 3 of 3

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