Government's First Response to the Standing Discovery Order

Record facts

U.S. District Court for the Southern District of Florida · No. 9:22-cr-80157-AHS · Doc. 9 · 2022-10-07 · Docket on CourtListener

Summary

The government's first response to the Standing Discovery Order in United States v. Derek James Acree, No. 9:22-cr-80157-AHS, in the U.S. District Court for the Southern District of Florida, filed October 7, 2022 as Doc. 9 and signed by Assistant United States Attorney Robin W. Waugh. The response is numbered to track Local Rule 88.10 and Federal Rule of Criminal Procedure 16. It states the government is unaware of any post-Miranda statement or criminal record for the defendant, offers inspection of evidence at the U.S. Attorney's Office, and commits to disclosures under Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). It demands reciprocal discovery under Rule 16(b) and notice of any alibi defense under Rule 12.1. The response states its attachments are Bates stamped pages numbered 00001 to 04683.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO.  22-CR-80157-AHS 
 
UNITED STATES OF AMERICA 
 
vs. 
 
DEREK JAMES ACREE, 
  
 
Defendant. 
___________________________________/ 
 
 
GOVERNMENT=S FIRST RESPONSE TO THE STANDING DISCOVERY ORDER 
 
The United States hereby files this response to the Standing Discovery Order.  This 
response also complies with Local Rule 88.10 and Federal Rule of Criminal Procedure 16, and is 
numbered to correspond with Local Rule 88.10. 
A. 
1. 
Any written or recorded statement made by the defendant is enclosed  
herein.  
 
2. 
The government is not aware of any post-Miranda statement made by the 
defendant.     
 
3. 
No defendant testified before the Grand Jury. 
 
4. 
The government is unaware of any criminal record for the defendant.   
 
5. 
Books, papers, documents, photographs, tangible objects, buildings or 
places which the government intends to use as evidence at trial to prove its 
case in chief, or were obtained or belonging to the defendant may be 
inspected at a mutually-convenient time at the Office of the United States 
Attorney, 500 South Australian Avenue, West Palm Beach, FL 33401.   
 
  
Please call the undersigned to set up a date and time that is convenient to 
both parties to review these materials.  
 
The attachments to this discovery response are not necessarily copies of all 
the books, papers, documents, etc., that the government may intend to 
introduce at trial.  
 
Case 9:22-cr-80157-AHS   Document 9   Entered on FLSD Docket 10/07/2022   Page 1 of 5

 
 
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6. 
The government is unaware of any forensic examination results or reports 
of physical or mental examinations, and of scientific tests or experiments, 
made in connection with this case. 
 
B. 
DEMAND FOR RECIPROCAL DISCOVERY: The United States requests 
the disclosure and production of materials enumerated as items 1, 2 and 3 
of “paragraph b” of the Standing Discovery Order.  This request is also 
made pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure. 
 
C. 
The government will disclose any information or material which may be 
favorable on the issues of guilt or punishment within the scope of Brady v. 
Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97 
(1976). 
 
D. 
The government will disclose 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), or Napue v. Illinois, 360 U.S. 264 (1959). 
 
E. 
The government will disclose any prior convictions of any alleged co-
conspirator, accomplice or informant who will testify for the government at 
trial. 
 
F. 
No defendant was identified in a lineup, show up, photo spread or similar 
identification proceedings.     
 
G. 
The government has advised its agents and officers involved in this case to 
preserve all rough notes. 
 
H. 
The government will timely advise the defendant of its intent, if any, to 
introduce during its case in chief proof of evidence pursuant to F.R.E. 
404(b). The defense is hereby on notice that all evidence made available to 
the defense for inspection, as well as all information disclosed herein or in 
any future discovery letter, may be offered in the trial of this cause, under 
F.R.E. 404(b) or otherwise (including the inextricably-intertwined 
doctrine). 
 
I. 
The defendant is not an aggrieved person, as defined in Title 18, United 
States Code, Section 2510(11), of an electronic surveillance.   
 
J. 
The government has ordered transcribed the Grand Jury testimony of all 
witnesses who will testify for the government at the trial of this cause. 
 
K. 
Laboratory analysis as defined under Title 21 U.S.C. ' 822 and ' 823 and 
Case 9:22-cr-80157-AHS   Document 9   Entered on FLSD Docket 10/07/2022   Page 2 of 5

 
 
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21 C.F.R. 1301.13, is inapplicable in this case. 
 
L. 
The Government does not know of any automobile, vessel, or aircraft 
allegedly used in the commission of this offense that is in the Government's 
possession. 
 
M. 
The government is presently unaware of any latent fingerprints or palm 
prints which have been identified by a government expert as those of the 
defendant. 
 
N. 
The government has not received a request for disclosure of the subject-
matter of expert testimony that the government reasonably expects to offer 
at trial.  The government does not anticipate calling a witness to provide 
expert testimony.  However, the government will disclose if such testimony 
becomes necessary.   
 
O. 
The government will make every possible effort in good faith to stipulate to 
all facts or points of law the truth and existence of which is not contested 
and the early resolution of which will expedite trial.  These stipulations will 
be discussed at the discovery conference. 
 
P. 
At the discovery conference scheduled in Section A.5, above, the 
government will seek written stipulations to agreed facts in this case, to be 
signed by the defendant and defense counsel. 
 
The government is aware of its continuing duty to disclose such newly discovered 
additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules 
of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial. 
 
In addition to the request made above by the government pursuant to both Section B of the 
Standing Discovery Order and Rule 16(b) of the Federal Rules of Criminal Procedure, in 
accordance with Rule 12.1 of the Federal Rules of Criminal Procedure, the government hereby 
demands Notice of Alibi defense; the approximate time, date, and place of the offense was: 
 
Time: [see Indictment] 
Date:  [see Indictment] 
Place: [see Indictment] 
 
 
 
Case 9:22-cr-80157-AHS   Document 9   Entered on FLSD Docket 10/07/2022   Page 3 of 5

 
 
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The attachments to this response are Bates stamped pages numbered 00001 to 04683.  
Please contact the undersigned Assistant United States Attorney if any pages are missing.  
 
 
 
Respectfully submitted, 
 
 
JUAN ANTONIO GONZALEZ 
 
UNITED STATES ATTORNEY 
 
 
                         
 
 
/s/ Robin W. Waugh             
 
 
 
 
 
 
ROBIN W. WAUGH 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
Florida Bar #: 537837 
 
500 South Australian Avenue, 4th Flr. 
 
West Palm Beach, Florida 33401 
 
 
 
 
 
 
 
Tel: (561) 820-8711 
 
 
 
 
 
 
 
Fax: (561) 659-4526 
 
 
 
 
Case 9:22-cr-80157-AHS   Document 9   Entered on FLSD Docket 10/07/2022   Page 4 of 5

 
 
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CERTIFICATE OF SERVICE 
I hereby certify that on October 7, 2022, the undersigned electronically filed the foregoing 
document, Government=s First Response to the Standing Discovery Order, without attachments, 
with the Clerk of the Court using CM/ECF.  I further certify on Wednesday, October 5, the 
attachments were produced and provided, via courier, to: Chris Haddad, c/o Law Office of 
Christopher A. Haddad, PA, 319 Clematis Street, Suite 812, West Palm Beach, FL 33401. 
/s/ Robin W. Waugh                   
 
ROBIN W. WAUGH 
Assistant United States Attorney 
Case 9:22-cr-80157-AHS   Document 9   Entered on FLSD Docket 10/07/2022   Page 5 of 5

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