Arraignment, Trial Setting, and Continuance Order granting motion — USA v. Golden-Larimore et al. (Dkt. 18, W.D. Mo.)

Record facts

U.S. District Court for the Western District of Missouri · No. 4:23-cr-00233-BCW · Doc. 18 · 2023-10-31 · 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, 
) 
 
)  
 
 
 
 
Plaintiff, 
) 
 
) 
vs. 
) Case No. 23-00233-02-CR-W-BCW 
)  
 
CAMONTE HENDERSON, 
) 
)  
 
 
 
Defendant. 
)  
 
 
ARRAIGNMENT, TRIAL SETTING, AND DISCOVERY ORDER 
Present for an arraignment were Defendant Camonte Henderson; counsel for Defendant, 
Arimeta DuPree; and counsel for the Government, Paul Becker.  Defendant Henderson was 
arraigned on October 31, 2023 and entered a plea of not guilty.   
I. 
TRIAL SETTING 
 
During the arraignment, the Court set the case for trial on the Joint Criminal Jury Trial 
Docket commencing on December 4, 2023 and indicated a Scheduling Conference would be held 
prior to the trial setting.1  Defense counsel made an oral motion asking that the case be continued 
to the Joint Criminal Jury Trial Docket commencing on March 18, 2024.  Defense counsel 
indicated the requested continuance is necessary to allow time to receive and review discovery and 
meet and confer with Defendant.  Neither Defendant nor Government counsel had an objection to 
the requested continuance.   
The Speedy Trial Act of 1974, as amended, mandates the commencement of the trial of a 
defendant within seventy days from the defendant’s first appearance before a judicial officer of 
 
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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the court in which the charge is pending.  In computing the seventy-day time period, the periods 
of delay set forth in 18 U.S.C. § 3161(h) are to be excluded.  Any period of delay resulting from a 
continuance granted at the request of a defendant is excludable if the Court finds the ends of justice 
served by the taking of such action outweigh the best interests of the public and the defendant(s) 
in a speedy trial, provided the Court sets forth the reason for such finding.  See 18 U.S.C. § 
3161(h)(7)(A). 
In light of defense counsel’s need for additional time to receive and review discovery and 
meet and confer with Defendant, the Court finds that it would be unreasonable to expect defense 
counsel to prepare this case adequately for trial prior to December 4, 2023, and that failure to grant 
a continuance would deny defense counsel the reasonable time necessary for effective preparation 
and, thus, would deny the defendant the right to effective assistance of counsel.  Upon 
consideration of the factors set forth in 18 U.S.C. § 3161(h)(7)(B), the Court finds that the ends of 
justice served by granting a continuance outweigh the best interests of the public and the defendant 
in a speedy trial. 
Based on the foregoing, defense counsel’s oral motion for continuance is GRANTED.  
This case is removed from the Joint Criminal Jury Trial Docket commencing on December 4, 
2023.  The case is reset for trial on the Joint Criminal Jury Trial Docket which commences March 
18, 2024.  The Court, in ordering this case removed from the December 4, 2023 Joint Criminal 
Jury Trial Docket, is not doing so because of congestion of the Court’s calendar, in accordance 
with 18 U.S.C. § 3161(h)(7)(c).  Pursuant to 18 U.S.C. § 3161(h), the time between the date of the 
arraignment and March 29, 2024, the last day of the March 18, 2024 Joint Criminal Jury Trial 
Docket, shall be excluded in computing the time within which this trial must commence.  
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A Scheduling Conference is set before Judge Brian Gaddy on January 3, 2024 at 11:00 
a.m. in Courtroom 6D. 
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, 
applicable case law, 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, applicable case law, and the United States Constitution.   
The parties are expected to comply with the following discovery deadlines contained in 
this Order to ensure 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 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. 
 
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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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 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 
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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 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 
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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. 
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 on 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. 
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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.   
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 casts doubt on the United States' case, as required by Brady v. Maryland, 373 U.S. 
83 (1963) and its progeny, and orders it to do so. Failing 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.  
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 
 
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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reasons why the discovery was not produced in accordance with this Order, and the date by which 
such discovery will be produced. 
F. 
PRETRIAL MOTIONS 
At the Scheduling Conference, counsel should be prepared to discuss a proposed pretrial 
motion deadline.  For defendants who are represented by counsel, the Court will only accept 
pretrial filings made by counsel.  Pro se filings will not be accepted for defendants who are 
represented by counsel. 
IT IS SO ORDERED. 
DATE: October 31, 2023 
 
 
 
   /s/ W. Brian Gaddy                      
 
 
 
 
 
 
 
 
 
W. BRIAN GADDY 
 
 
 
 
 
 
 
UNITED STATES MAGISTRATE JUDGE 
 
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