Pretrial discovery order and notice — USA v. Antonetti (Dkt. 13, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 8:24-cr-00317-VMC-AEP · Doc. 13 · 2024-07-16 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
 
MIDDLE DISTRICT OF FLORIDA 
 
TAMPA DIVISION 
 
 
UNITED STATES OF AMERICA 
 
v. 
Case No. 8:24-cr-317-VMC-AEP 
 
DAVID ANTONETTI 
______________________________/ 
 
 
 
 
PRETRIAL DISCOVERY ORDER AND 
 
NOTICE OF TRIAL AND STATUS CONFERENCE 
 
The Defendant has been arraigned, and in order to facilitate a self-executing procedure to 
regulate discovery proceedings in the instant action and minimize the number of "routine or 
standard discovery motions" for which established rulings and precedent exist, 
IT IS HEREBY ORDERED AND ADJUDGED: 
That upon the Defendant=s request at arraignment (or in writing thereafter) to participate 
in discovery and inspection pursuant to Rule 16 of the Federal Rules of Criminal Procedure (ARule 
16"), counsel for the Government shall, no later than ten (10) days from the date of this Order, 
(unless otherwise specified in a particular paragraph), comply with the discovery and disclosure 
requirements set forth below: 
I.  Rule 16(a)(1) - Government=s Disclosure 
In accord with Rule 16(a)(1) and as otherwise required by law, the Government shall 
disclose the following information and documents, which are in the Government's possession, 
custody, or control, or the existence of which is known or through the exercise of due diligence 
may become known to the Government.  Where appropriate, the Government shall supply copies, 
or make available for inspection, copying, or photographing such information or documents.   
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A. 
All written, recorded, or oral statements made by the Defendant, 
including grand jury testimony, as defined in Rule 16(a)(1)(A), (B), 
and (C). 
 
B. 
The Defendant's prior criminal record as defined in Rule 
16(a)(1)(D). 
 
C. 
Documents, tangible objects, or building or places that are material 
to the preparation of the defense or were obtained from or belong to 
the Defendant or are intended for use by the Government in its case-
in-chief, as defined in Rule 16(a)(1)(E). 
 
D. 
Results or reports of any physical or mental examination and of any 
scientific test or experiment, that are material to the preparation of 
the defense or are intended for use by the Government, as defined in 
Rule 16(a)(1)(F). 
 
E. 
At the Defendant's request, the Government shall disclose to the 
Defendant a written summary of any testimony the Government 
intends to use under Rules 702, 703, or 705 of the Federal Rules of 
Evidence during its case-in-chief at trial. This summary must 
describe the witnesses' opinions, the bases and the reasons therefor, 
and the witnesses' qualifications as set forth in Rule 16(a)(1)(G). 
 
 
II.  Rule 16(b)(1) - Defendant=s Disclosure 
Upon the Government's request for discovery, the Defendant shall promptly provide to the 
Government reciprocal discovery as proscribed in Rule 16(b)(1), if the Defendant has requested 
discovery of the items specified in Rule 16(a)(1)(E), (F) and/or (G), and the Government has 
complied with the Defendant=s request. 
 
III. Exculpatory Information 
Without the necessity of further motions or demands, at an appropriate time, but no later 
than five (5) days prior to trial (unless 18 U.S.C. '3500 or Fed. R. Crim. P. 26.2 applies), the 
Government shall disclose to the defense the following: 
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A. 
The Government shall reveal to the Defendant and permit inspection 
and copying of all information and material known to the 
Government which may be favorable to the Defendant on the issue 
of guilt or punishment within the scope of Brady v. Maryland, 373 
U.S. 83 (1963); United States v. Agurs, 427 U.S. 97 (1976); United 
States v. Bagley, 473 U.S. 667 (1985); and Kyles v. Whitley, 514 
U.S. 419 (1995). 
 
B. 
The Government shall disclose to the Defendant the existence and 
substance of any payments, promises of immunity, leniency, 
preferential treatment, or other inducements made to prospective 
Government witnesses, within the scope of Giglio v. United States, 
405 U.S. 150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959).  
This includes making available any application to the court for 
immunity of a witness as well as any order issued in response to the 
application.  The Government need not disclose papers generated 
at earlier stages of the immunity process. 
 
C. 
The Government shall supply the Defendant with a record of prior 
convictions of any witness who will testify for the Government at trial. 
 
No further Brady motions or requests need be filed with the court.  A Defendant, however, 
may seek relief with respect to a specific dispute concerning the disclosure of favorable evidence. 
 
IV.  Additional Obligations of the Government 
In addition to the foregoing, the Government is also subject to the 
following requirements: 
A. 
The Government shall advise all law enforcement agents and 
officers involved in this case to retain any rough notes, recordings, 
reports and statements pertaining to this case which are currently in 
existence.  Other government employees are not required to retain 
their working papers. 
 
B. 
The Government shall not destroy any evidence in this case 
without giving ten (10) days notice to all defense counsel.  If there 
is any objection filed to the proposed destruction, the Government 
shall not destroy the evidence without first having obtained the 
court's approval to do so. 
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C. 
The Government shall provide to the Defendant, no later than ten 
(10) days prior to trial, a list stating the general nature of any 
crimes, wrongs or acts it intends to introduce in evidence against 
the Defendant pursuant to Rule 404(b) of the Federal Rules of 
Evidence. 
 
D. 
The Government shall provide to the Defendant, not later than ten 
(10) days prior to trial, the names of any unindicted co-
conspirators whose statements will be offered against the 
Defendant in the Government=s case-in-chief pursuant to Rule 
801(d)(2)(E) of the Federal Rules of Evidence. 
 
E. 
The Government shall state, not later than twenty (20) days from 
the date of this Order, whether electronic surveillance of any kind, 
or a mail cover, was used in this case.  If the answer is in the 
affirmative, the Government shall state the nature of surveillance 
and its duration.   
 
F. 
The Government shall state, not later than ten (10) days from the 
date of this Order, whether any confidential informant was used in 
this case. 
 
G. 
The Government shall state whether a Defendant was the subject 
of electronic surveillance as defined in Title 18, United States 
Code, '2510(11), and, if so, shall set forth in detail the 
circumstances thereof, including copies of the application(s), 
affidavit(s) and order(s). 
 
H. 
The Government shall state whether a Defendant was identified in 
any lineup, show up, photo spread or similar identification 
proceeding, and produce any pictures utilized or resulting 
therefrom within ten (10) days of the date of this Order, or 
immediately, if the identification is completed after the date of this 
order. 
 
I. 
The Government shall state, not later than ten (10) days from the 
date of this Order, whether any evidence to be introduced at trial, 
or leads therefrom, were obtained as a result of a search warrant 
issued under Fed. R. Crim. P. 41. 
 
 
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V.  Continuing Duty to Disclose 
 
As proscribed in Rule 16(c), it shall be the continuing duty of counsel for the parties to  
promptly reveal to opposing counsel all newly discovered information or material(s) within the  
scope of this Standing Order and Rule 16. 
 
 
VI.  Procedures and Related Matters 
As indicated, the purpose of this Order is to regulate the discovery proceedings in this 
case in accordance with the goals of Rule 16, and to eliminate or minimize the filing of standard 
discovery motions.  Accordingly, motions covered by Sections I, II, III, and IV of this Order 
should not be filed as they are unnecessary.  The Government need not respond to motions that 
appear to be covered by this Order.  If this court determines that a response is required, the 
Government will be directed to file a response. 
Absent good cause, the court will not entertain any motion relating to discovery unless 
counsel for the moving party certifies that counsel for the parties have been unable to resolve 
their differences, or reach agreement after holding a conference, or that opposing counsel has 
refused to confer without good cause.  The court will deny without prejudice any discovery 
motion that does not contain such a statement. 
 
VII.  Pretrial Motions 
Unless otherwise ordered or permitted by the trial judge, pretrial motions attacking the 
sufficiency of the Indictment or seeking a bill of particulars shall be filed within fifteen (15) days 
of the date of arraignment and motions to suppress shall be filed within thirty (30) days of the 
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date of arraignment. Unless otherwise ordered or permitted by the trial judge, any notice called 
for by Fed. R. Crim. P. 12.1, 12.2, or 12.3 related to an alibi defense, an insanity defense, or 
expert testimony of Defendant=s mental condition, or a defense based upon public authority shall 
be served no later than thirty (30) days from the date of arraignment absent good cause shown.  
 
VIII.  Notice of Trial Date and Status Conference 
This case is set before the Honorable Virginia M. Covington,  United States District 
Judge, for the SEPTEMBER 2024 trial term beginning on SEPTEMBER 3, 2024, and for a 
Status Conference on AUGUST 15, 2024 at 9:30 am. 
AFTER THE FIRST DAY OF THE TRIAL TERM, ALL COUNSEL SHALL BE 
AVAILABLE AND READY FOR TRIAL UPON 24 HOURS NOTICE. 
DONE AND ORDERED at Tampa, Florida on this 16th day of July 2024. 
 
 
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