Arraignment, Trial Setting and Discovery Order as to Don A Baker — USA v. Golden-Larimore et al. (Dkt. 58, W.D. Mo.)

Record facts

U.S. District Court for the Western District of Missouri · No. 4:23-cr-00098-BCW · Doc. 58 · 2023-05-17 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF MISSOURI 
WESTERN DIVISION 
UNITED STATES OF AMERICA, 
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Case No. 23-00098-01/12-CR-W-BCW 
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Plaintiff,
 
v. 
DON A BAKER, (02), 
CAMERON P HENDERSON, (04),   
REISJON LARIMORE, (06),  
ROGER LARIMORE, (07),   
PADGIT L SMITH, (09),  
JOSEPH VALDIVIA III, (10), 
MONE'Y C WOODS, (12),  
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Defendant(s). 
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ARRAIGNMENT, TRIAL SETTING AND DISCOVERY ORDER 
Defendant(s) was/were arraigned on May 17, 2023 on an indictment filed April 26, 2023, 
and each defendant entered a plea of not guilty on each count against him/her.   
I.
TRIAL SETTING
During the arraignment, the Court initially set the case for trial on the Joint Criminal Trial 
Docket commencing on July 17, 2023, however advised parties that they would be joined with other 
co-defendants on the October 30, 2023 joint criminal trial docket, and indicated that a Scheduling 
Conference would be held prior to the trial setting .1   
A reasonable period of delay is excludable when a defendant is joined for trial with a 
codefendant as to whom the time for trial has not run and no motion for severance has been granted. 
1 The purpose of the Scheduling Conference is to determine if the case will be ready for trial on the initial trial setting, 
and if not, to select a realistic trial date.  Further continuances of the trial date selected at the Scheduling Conference 
will be granted only for exceptional and unexpected circumstances.  Accordingly, counsel for the defendant is 
expected to have reviewed discovery and conferred with the defendant prior to the Scheduling Conference. 
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See 18 U.S.C. § 3161(h)(7). A codefendant of the above-named defendants was set for trial on the 
joint criminal jury trial docket commencing on October 30, 2023, prior to the above-named 
defendants  appearance in the case. The above-named defendants have not requested that they be 
tried separately from other codefendant(s). Therefore, the period of delay when the above-named 
defendants are joined for trial with their codefendant(s) is/are excluded from the time within which 
the above-named defendants’ trial must commence. 
Further, the Court finds that it would be unreasonable to expect defense counsel to prepare 
this case adequately for trial prior to October 30, 2023. Pursuant to 18 U.S.C. § 3161(h), the time 
between the date of the defendants’ arraignment and November 10, 2023, the last day of the October 
30, 2023 Joint Criminal Jury Trial Docket, shall be excluded in computing the time within which 
defendants trial must commence. 
Scheduling Conferences are set before US Magistrate Judge Lajuana M. Counts on 
October 4, 2023 at 10:00am and 10:15am in Courtroom 6E. 
 
II. 
DISCOVERY 
 
 
At the arraignment, defense counsel requested all discovery to which defendant may be entitled 
pursuant to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the United 
States Constitution.  The government requested all reciprocal discovery to which it is entitled pursuant 
to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the United States 
Constitution.   
The parties are expected to comply with the following discovery deadlines contained in this 
Order to insure that counsel are prepared to discuss at the Scheduling Conference the nature and 
extent of discovery in the case, whether pretrial dispositive motions will be filed, the prospects for 
resolution short of trial as well as any unusual issues that will need to be considered in connection 
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with the final trial date.  
Therefore, the following discovery deadlines apply unless otherwise ordered by the Court.2  
A. 
DISCOVERY/DISCLOSURES PROVIDED BY THE GOVERNMENT 
 
 
1. 
DISCOVERY 
Within ten days from the date of arraignment, the government shall disclose or make 
available for inspection, copying, or photographing to defense counsel the following information 
within the possession, custody, and control of the government or the existence of which is known 
or by the exercise of due diligence may become known to the attorney for the government: 
 
a. 
CONVICTIONS 
 
i. 
A copy of the prior criminal record of the defendant, if any. 
 
b. 
STATEMENTS 
 
i. 
Any written or recorded statement, or copy thereof, made by the 
defendant which is within the possession, custody, or control of the 
government, the existence of which is known, or by the exercise of 
due diligence may become known, to the attorney for the government. 
 
ii. 
The substance of any oral statement made by the defendant whether 
before or after arrest, to an attorney for the government, a Federal 
agent, or any other law enforcement officer. 
 
iii. 
The recorded testimony of the defendant before a Grand Jury which 
relates to the offense charged. 
 
c. 
OTHER DISCOVERY 
 
i. 
Any  books,  papers,  documents,  photographs,  tangible  objects, 
buildings or places, or copies or portions thereof, which are within the 
possession, custody, or control of the government and which are 
material to the preparation of the defendant’s defense or are intended 
for use by the government as evidence-in-chief at the trial, or were 
obtained from or belong to the defendant. 
 
ii. 
Any results or reports of physical or mental examinations, and of 
scientific tests or experiments, or copies thereof, which are within the 
possession, custody, or control of the government, the existence of 
 
2 The disclosures required by this Order are subject to the continuing duty to disclose contained in 
Rule 16(c) of the Federal Rules of Criminal Procedure. 
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which is known, or by the exercise of due diligence may become 
known, to the attorney for the government, and which are material to 
the preparation of the defense or are intended for use by the 
government as evidence-in-chief at the trial. 
 
 
2. 
EVIDENCE ARGUABLY SUBJECT TO SUPPRESSION 
 
a. 
Identify and provide a list of the physical or tangible evidence seized 
pursuant to a state or federal search warrant, consent of the defendant or of 
some other person, or incident to the arrest of the defendant and as to each 
item described and identified provide the following: 
 
i. 
The location from which the evidence was seized; 
 
ii. 
The date and time of the search and seizure; 
 
iii. 
The name and address of the person(s) making the seizure; 
 
iv. 
The name and address of any witness(es) to the seizure; and 
 
v.  
In lieu of items (i) through (iv), the government can provide all 
reports relating to any search and seizure within its possession, 
custody, and control, the existence of which is known or by the 
exercise of due diligence may become known to the attorney for the 
government. 
 
b. 
Identify and list by date all electronic surveillance including any court 
ordered interceptions of oral or wire communications, consensual recordings 
of telephone conversations, body recorders, wiretaps, pen registers or trap and 
trace devices, video cameras, or bank surveillance cameras and provide the 
following: 
 
i. 
A description of the type of electronic surveillance; 
 
ii. 
The location of the electronic surveillance; 
 
iii. 
The date and time of the surveillance; 
 
iv. 
Copies and transcripts of any recorded conversations; 
 
v. 
All videotapes, including bank surveillance tapes;  
 
vi. 
All logs, notes, reports, or other material relating to the electronic 
surveillance; and 
 
vii. 
In lieu of items (i) through (vi), the government can provide all reports 
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relating to any electronic surveillance within its possession, custody, 
and control, the existence of which is known or by the exercise of due 
diligence may become known to the attorney for the government. 
 
c. 
Disclosure of any identification procedure that has been used either by 
way of lineups or photographic or voice identification and for each such 
procedure provide the following information: 
 
i. 
The name and address of each identification witness; 
 
ii. 
The method of identification; 
 
iii. 
The specific items used in the identification procedure, i.e., 
photographs, tape recordings, etc.; 
 
iv. 
The date and location of the identification procedure; 
 
v. 
The results of the identification procedure; 
 
vi 
Notes, memorandum, reports and records regarding the identification 
procedure; and 
 
vii. 
In lieu of items (i) through (vi), the government can provide all reports 
relating to any identification procedures within its possession, custody, 
and control, the existence of which is known or by the exercise of due 
diligence may become known to the attorney for the government. 
 
B. 
DISCOVERY/DISCLOSURES PROVIDED BY THE DEFENDANT 
 
1. 
DOCUMENTS/REPORTS/TESTS 
 
Upon compliance with the government’s discovery obligations under sections II.A.1.c.i or 
II.A.1.c.ii above, the defendant shall permit the government to inspect, copy, or photograph the 
following categories of material: 
 
a. 
Any books, papers, documents, photographs, tangible objects, or copies or 
portions thereof, which are within the possession, custody, or control of 
the defendant and which the defendant intends to introduce as evidence-in-
chief at the trial. 
 
b. 
Any results or reports of physical or mental examinations, and of scientific 
tests or experiments made, or copies thereof, within the possession or control 
of the defendant, which the defendant intends to introduce as evidence-in-
chief at the trial or which were prepared by a witness whom the defendant 
intends to call at the trial when the results or reports relate to that witness’s 
testimony. 
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2. 
ALIBI EVIDENCE 
 
a. 
Within thirty days from the date of arraignment, the defendant shall serve 
upon the government a written notice of the defendant’s intention to offer a 
defense of alibi.  Such notice shall state the specific place or places at which 
the defendant claims to have been at the time of the alleged offense and the 
names and addresses of the witnesses upon whom the defendant intends to 
rely to establish such alibi. 
 
b. 
Within twenty days thereafter, but in no event less than ten days 
before trial, the government shall serve upon the defendant a written notice 
stating the names and addresses of the witnesses upon whom the government 
intends to rely to establish the defendant’s presence at the scene of the 
alleged offense and any other witnesses to be relied on to rebut testimony of 
any of the defendant’s alibi witnesses. 
 
c. 
If prior to or during trial, a party learns of an additional witness whose 
identity, if known, should have been included in the information furnished 
above, the party shall promptly notify the other party of the existence and 
identity of such additional witness. 
 
C. 
EVIDENCE FAVORABLE TO THE DEFENSE3 
 
1. 
BRADY EVIDENCE 
 
Within ten days from the date of arraignment, the government is directed to disclose all 
evidence favorable to the defendant within the meaning of Brady v. Maryland. The government has 
an ongoing duty to provide Brady material. If additional Brady material is discovered more than ten 
days after the arraignment, such information should be disclosed promptly, but in any event within 
ten days of the discovery of the additional Brady material. 
 
Re: BRADY OBLIGATION, Due Process Protections Act, Pub. L. No. 116-182  
(October 21, 2020). 
 
Pursuant to the Due Process Protections Act, the Court confirms the United States’ obligation 
to disclose to the defendant all exculpatory evidence- that is, evidence that favors the defendant or 
 
3 The parties are to be prepared to disclose to the Court at the scheduling conference the method used 
to determine whether any Brady material exists in the government’s investigative file. The 
government is advised that if any portion of the government’s investigative file or that of any 
investigating agency is not made available to the defense for inspection, the Court will expect that 
trial counsel for the government or an attorney under trial counsel’s immediate supervision who is 
familiar with the Brady doctrine will have reviewed the applicable files for purposes of ascertaining 
whether evidence favorable to the defense is contained in the file. 
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casts doubt on the United States’ case, as required by Brady v. Maryland, 373 U.S. 83 (1963) and 
its progeny, and ORDERS the United States to do so. Failure to disclose exculpatory evidence in a 
timely manner may result in consequences, including, but not limited to, exclusion of evidence, 
adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action, or 
sanctions by the Court. 
 
2. 
ENTRAPMENT EVIDENCE 
 
Within ten days from the date of arraignment, the government is directed to provide 
discovery, inspection, and copying or photographing of any information suggesting entrapment of 
the defendant which is within the possession, custody or control of the government or the existence 
of which is known or by the exercise of due diligence may become known to the government 
attorney. 
 
D. 
REQUIREMENTS FOR FILING DISCOVERY MOTIONS 
 
 
No attorney or defendant who has been authorized by the Court to proceed pro se shall file a 
discovery motion without first conferring with opposing counsel, and no motion will be considered 
by the Court unless it is accompanied by a certification of such conference and a statement of the 
moving party’s good faith efforts to resolve the subject matter of the motion by agreement with 
opposing counsel.  
 
 
 
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E. 
CERTIFICATION OF COMPLIANCE 
 
At the Scheduling Conference, counsel for the government and for each defendant should be 
prepared to certify on the record that counsel has produced all discovery in accordance with the 
deadlines established in this Order. To the extent that any discovery has not been produced in 
accordance with this Order, counsel will be expected to outline the nature of that discovery, the 
reasons why the discovery was not produced in accordance with this Order, and the date by which 
such discovery will be produced. 
IT IS SO ORDERED. 
 /s/ Lajuana M. Counts 
 
LAJUANA M. COUNTS 
UNITED STATES MAGISTRATE JUDGE 
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