Motion to Strike Surplusage by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 81, N.D. Ga. No. 1:22-cr-00171)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 81 · 2024-02-14 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
 
FOR THE NORTHERN DISTRICT OF GEORGIA 
 
 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
 
) 
 
 
    
 
) 
 
 
vs. 
 
 
    
 
) 
CRIMINAL ACTION NO. 
     )     1:22-CR-171-MLB-RDC 
CARL DELANO TORJAGBO  
 
) 
                                    ) 
 
 
MOTION TO STRIKE SURPLUSAGE (ALIAS) 
 
COMES NOW Defendant, CARL DELANO TORJAGBO, by and through 
undersigned counsel, pursuant to Fed. R. Crim. Proc. 7(d) and moves this Court to 
strike surplusage from the indictment in this case.  In support, Defendant shows as 
follows: 
 
(1) 
Fed. R. Crim. Proc. 7(d) authorizes the Court to strike surplusage from an 
indictment on motion of the defendant. 
 
(2) 
The purpose of Rule 7(d) is to protect a defendant against prejudicial 
allegations that are neither relevant nor material to the charges in the indictment, are 
not essential to the charge, are unnecessary, or are inflammatory. United States v. 
Poore, 594 F.2d 39 (4th Cir. 1979); see United States v. Freeman, 619 F.2d 1112 
(5th Cir. 1980). 
Case 1:22-cr-00171-MLB-RDC     Document 81     Filed 02/14/24     Page 1 of 4

 
 
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(3) 
The indictment refers to Mr. Torjagbo in the style of the case and with respect 
to each count of the indictment as “a/k/a Karl Lucius Delano.” Doc. 1 at 1, 7, 9.  
Paragraph 23 of the indictment states, “On or about July 29, 2021, Defendant 
Torjagbo filed a petition to change his name to Karl Lucius Delano.” Doc. 1 at 5.  
The indictment does not indicate that Mr. Torjagbo’s name was ever formally 
changed to Karl Lucius Delano.  Additionally, the discovery materials do not 
indicate that Mr. Torjagbo’s name was ever formally changed to Karl Lucius Delano.  
(4) 
This reference to the alleged alias in the style of the case and in the body of 
the indictment is prejudicial and unnecessary to any of the essential elements of the 
offenses charged.  As a result, it should not be in the indictment.  In United States 
v. Wilkerson, 456 F.2d 57, 59 (6th Cir. 1972), the Sixth Circuit wrote that it "strongly 
disapprove[s] the practice of including aliases in indictments."  Quoting Petrilli v. 
United States, 129 F.2d 101, 104 (8th Cir. 1942), the Wilkerson court stated that "the 
preliminary reading of aliases in an indictment is not a practice which should be 
encouraged in an ordinary criminal prosecution, but rather one which should be 
curbed." Wilkerson, 456 F.2d at 59. 
 
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(5) 
Fed. R. Crim. Proc. 7(c)(1) requires that an indictment "must be a plain, 
concise, and definite written statement of the essential facts constituting the offense 
charged."  Because reference to an alleged alias is unnecessary to the government's 
allegations, and in this case very prejudicial, it does not meet the standard set out by 
Rule 7(c)(1). 
 (6) 
The indictment is easily and fairly redacted.  The Court simply should strike 
the language of “a/k/a Karl Lucius Delano” throughout the indictment.  
WHEREFORE, Mr. Torjagbo requests that this motion be granted. 
DATED: This 14th day of February, 2024.  
 
 
 
 
Respectfully submitted, 
 
S/ Kendal D. Silas                   
KENDAL SILAS 
State Bar No. 645959 
Attorney for CARL TORJAGBO 
 
Federal Defender Program, Inc. 
101 Marietta Street, N.W., Suite 1500 
Atlanta, GA 30303 
404/688-7530 
Case 1:22-cr-00171-MLB-RDC     Document 81     Filed 02/14/24     Page 3 of 4

 
 
CERTIFICATE OF SERVICE 
 
This is to certify that I have this day served a copy of the foregoing Motion to 
Strike Surplusage (Alias) formatted in Times New Roman 14-pt. upon: 
John Russell Phillips, Esq. 
Assistant United States Attorney 
Federal Courthouse, Ste. 600 
75 Ted Turner Drive, S.W. 
Atlanta, GA 30303 
 
by electronically filing the same through the Court’s ECF system. 
 
Dated:  This 14th day of February, 2024. 
 
 
s/ Kendal D. Silas                   
KENDAL SILAS, Esq. 
Attorney for CARL TORJAGBO 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 81     Filed 02/14/24     Page 4 of 4

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