Suppression Hearing Minutes — USA v. McKenzie (M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00088 · Doc. 63 · 2024-03-26 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
CASE NO.: 2:23-cr-88-SPC-KCD 
DIOP MCKENZIE 
 
/ 
 
Suppression Hearing 
 
Presiding Judge: 
United States District Judge Sheri Polster Chappell 
Counsel for Plaintiff: 
Yolande G. Viacava 
Counsel for Defendant: 
Russell K. Rosenthal 
 
Date and Time: 
March 26, 2024 @ 9:30 AM 
Deputy Clerk: 
Allison Holland 
Court Reporter: 
Stacey Raikes 
 
Start Time: 9:28am 
Court convenes. 
 
 
Defendant Diop McKenzie is present and seated with counsel. 
 
 
Agent Silko is present and seated at government table. 
 
The court explains procedure to today’s hearing and confirms all 
parties are ready to proceed with suppression hearing. 
Defendant confirms he is in agreement with the motion filed by his 
attorney and wishes to proceed with today’s hearing. 
 
Defense has no objections to the government’s proposed exhibits.  
Therefore, Government Exhibits 1 through 11 are all admitted. 
 
AUSA Viacava calls Andrew Gallo to the stand; witness sworn. 
Direct: 9:30 – 11:01am 
Government Exhibits 1, 6, 4, 7a-7b, 8a-8b, and 9-11 shown to 
witness for reference during testimony; exhibits previously admitted. 
 
11:02am MORNING BREAK TAKEN. 
 
11:13am BACK ON THE RECORD. 
 
Witness Andrew Gallo remains on the stand; witness previously sworn. 
Case 2:23-cr-00088-SPC-K_D     Document 63     Filed 03/26/24     Page 1 of 3 PageID 254

- 2 - 
 
Cross: 11:14 – 11:36am 
Defense Exhibit 1 shown to witness for reference during testimony.  
Defense request to admit Defense Exhibit 1, no objection, Defense 
Exhibit 1 is admitted. 
Redirect: 11:37 – 11:38am 
Witness excused at 11:38am. 
 
Parties agree to release witness Thomas Hurst. 
 
The government calls Mathew Lemos to the stand; witness sworn. 
Direct: 11:40 – 11:54am 
Government Exhibits 2 and 8a-8b shown to witness for reference 
during testimony; exhibits previously admitted. 
Cross: 11:54 – 12:10pm 
Witness refers to personal notes and report for reference during 
testimony. 
Witness dismissed at 12:10pm. 
 
12:12pm BREAK TAKEN. 
 
12:45pm BACK ON THE RECORD. 
 
The government calls Philip Depietro to the stand; witness sworn. 
Direct: 12:46 – 1:00pm 
Government Exhibits 2 and 3 shown to witness for reference during 
testimony; exhibits previously admitted. 
Cross: 1:01 – 1:09pm 
Redirect: 1:10 – 1:13pm 
Recross: 1:13 – 1:15pm 
Witness dismissed at 1:15pm. 
 
The government has no more witnesses. 
 
Defense has no witnesses.  Defendant confirms he is in agreement with 
calling no defense witnesses and understands his right to testify/not 
testify. 
 
AFPD Rosenthal presents defense argument. 
 
AUSA Viacava presents government’s argument.   
AFPD Rosenthal responds. 
 
The court reserves on the issue at this time.  A written ruling will issue 
at a later date. 
 
Case 2:23-cr-00088-SPC-K_D     Document 63     Filed 03/26/24     Page 2 of 3 PageID 255

- 3 - 
 
Government request to substitute redacted exhibits for the record.  No 
objection from defense.  Redacted Government Exhibits 6, 7a-7b 
and 10 to be provided to the clerk.  
 
Nothing further from either party. 
 
Court is in recess. 
 
End time: 1:53pm 
Total time:  3 hours and 37 minutes 
Case 2:23-cr-00088-SPC-K_D     Document 63     Filed 03/26/24     Page 3 of 3 PageID 256

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