Motion for Reciprocal Discovery by Jonathan Alan Porter — USA v. Okojie (Dkt. 42, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 4:22-cr-00084-LGW-BWC · Doc. 42 · 2022-09-28 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
SAVANNAH DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
BERNARD OKOJIE 
) 
) 
) 
) 
) 
 
CASE NO. 4:22-cr-84 
 
 
UNITED STATES’ MOTION FOR RECIPROCAL DISCOVERY 
 
The United States files its Request for Reciprocal Discovery, pursuant to 
Federal Rules of Criminal Procedure 16(b), 12.2, 12.3, and 26.2. 
The United States has complied with its discovery obligations under the 
Federal Rules of Criminal Procedure, see Fed. R. Crim. P. 16(a)(1), and has provided 
liberal discovery in this case. The United States therefore requests reciprocal 
discovery as set forth below. Should Defendant fail to provide such requested 
discovery or delay its disclosure, such failure should result in excluding such 
undisclosed evidence at trial. See United States. v. Eichholz, No. 4:09-cr-166, 2009 
WL 3754201, at *1 (S.D. Ga. Nov. 9, 2009) (“[T]he Court will not permit defendant to 
gain a tactical advantage over the prosecution by shirking its reciprocal discovery 
obligations. This Court has previously precluded a defendant from introducing 
evidence as a sanction for a discovery violation. It will not hesitate to do so again.”). 
The United States requests that Defendant permit it to inspect and to copy or 
photograph any books, papers, documents, data, photographs, tangible objects, 
buildings or places, or copies or portions of any of these items that are within 
Defendant’s possession, custody, or control and that he intends to use in his case-in-
Case 4:22-cr-00084-LGW-BWC     Document 42     Filed 09/28/22     Page 1 of 4

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chief at trial. See Fed. R. Crim. P. 16(b)(1)(A). Moreover, the United States requests, 
pursuant to Rule 16(b)(1)(C), the results or report of physical or mental examinations 
and of scientific tests or experiments made in connection with this particular case, or 
copies thereof, within Defendant’s possession or control, which he intends to 
introduce at trial or which was prepared by a witness whom Defendant intends to 
call at trial. The United States further requests a written summary of any expert 
testimony that Defendant intends to use as evidence at trial, including a description 
of the expert witness’s opinions, the bases and reasons for those opinions, and the 
witness’s qualifications, as provided in Rule 16(b)(1)(C). 
Pursuant to Rule 12.2, the United States requests notice of any insanity 
defense and notice of any intention to introduce expert evidence relating to a mental 
disease or defect, or any other mental condition, bearing on Defendant’s guilt. See 
Fed. R. Crim. P. 12.2(a)–(b). 
Pursuant to Rule 12.3, the United States requests written notice of any actual 
or believed exercise of public authority on behalf of a law enforcement agency or 
federal intelligence agency at the time of the offense. 
Pursuant to Rule 26.2, the United States requests production of any defense 
witness’s statement1 in Defendant’s possession, other than his own statement, that 
relates to the subject matter about which said witness will testify at trial. Though 
Rule 26.2 provides for production of Jencks Act materials only after direct 
examination, in view of the United States’ own liberal discovery policy, and to avoid 
 
1 The term “statement” is to be construed as defined in Rule 26.2 and codified at 18 
U.S.C. § 3500. 
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unnecessary delay in the trial of the case, the United States requests for early 
disclosure of these materials as well. See Eichholz, 2009 WL 3754201, at *1 (observing 
that “fairness is not a one-way street that runs only in a defendant's direction”). 
Pursuant to Rule 16(c), the United States requests that Defendant promptly 
disclose any discoverable material in which it becomes aware as part of its continuing 
disclosure duty. 
Respectfully submitted this 28th day of September 2022. 
DAVID H. ESTES 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
/s/ Jonathan A. Porter 
Assistant United States Attorney 
Georgia Bar No. 725457 
Email: Jonathan.Porter@usdoj.gov  
 
Post Office Box 8970 
Savannah, Georgia 31401 
Telephone: (912) 652-4422 
 
 
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CERTIFICATE OF SERVICE 
 
This is to certify that I have on this day served all the parties in this case in 
accordance with the notice of electronic filing (“NEF”) which was generated as a 
result of electronic filing in this Court.  
Respectfully submitted this 28th day of September 2022. 
DAVID H. ESTES 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
/s/ Jonathan A. Porter 
Assistant United States Attorney 
Post Office Box 8970  
Savannah, Georgia 31401  
Telephone No: (912) 201-2594 
 
 
 
 
 
 
 
 
 
Case 4:22-cr-00084-LGW-BWC     Document 42     Filed 09/28/22     Page 4 of 4

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