Government’s Motion for Inquiry — United States v. Alexander (Dkt. 43, E.D. Mo.)

Summary

The government's motion for inquiry in United States v. Direll Alexander, Case No. 4:23CR000316 JAR, in the U.S. District Court for the Eastern District of Missouri, filed August 30, 2024, as Doc. 43. The motion asks the Court to question the defendant about a potential conflict involving his attorney, Terence Niehoff. It states that the defendant is charged under Title 18, United States Code, Section 242 with violating the civil rights of O.R. by using unreasonable force, and that Niehoff previously represented O.R. in 2016 on an unrelated stealing charge. The government notes that O.R. is expected to testify and that Niehoff may cross-examine his former client. The motion is filed by Assistant United States Attorney Christine H. Krug.

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Case: 4:23-cr-00316-JAR          Doc. #: 43       Filed: 08/30/24    Page: 1 of 3 PageID #: 69




                         IN THE UNITED STATES DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF MISSOURI
                                   EASTERN DIVISION


UNITED STATES OF AMERICA,                     )
                                              )
               Plaintiff,                     )
                                              )       CASE NO. 4:23CR000316 JAR
               v.                             )
                                              )
DIRELL ALEXANDER,                             )
                                              )
               Defendant.                     )


                            GOVERNMENT=S MOTION FOR INQUIRY

        COMES NOW the United States of America, by and through its attorneys, Sayler A.

Fleming, United States Attorney for the Eastern District of Missouri, and Christine Krug,

Assistant United States Attorney for said District, and requests the Court conduct an inquiry of

the defendant regarding a potential conflict summarized below:

   1. Defendant is charged with violating the civil rights of O.R. by using unreasonable force

        against him, in violation of Title 18, United States Code, Section 242. Attorney Terence

        Niehoff represents the defendant and has been his counsel throughout the case.

   2. In addition to his representation of defendant, Mr. Niehoff previously represented the

        victim, O.R., in 2016 when O.R. was charged with an unrelated stealing charge.

   3.   It is anticipated that O.R. will testify at trial and Mr. Niehoff would cross-examine O.R.

        Although the Government does not believe that O.R.’s previous conviction for stealing

        would be proper impeachment in this case, it is possible that Mr. Niehoff may attempt to

        cross-examine O.R. regarding that conviction, where he was O.R.’s attorney of record.

        Alternatively, Mr. Niehoff may have information related to O.R. that he obtained during



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Case: 4:23-cr-00316-JAR          Doc. #: 43       Filed: 08/30/24      Page: 2 of 3 PageID #: 70




       privileged communications when O.R. was his client. Because that privilege belongs to

       O.R. and Mr. Niehoff owes his former client a duty of loyalty in that regard, a potential

       conflict may exist in Mr. Niehoff’s representation of defendant as he would be barred

       from cross-examining O.R. based on any information learned through privileged

       communications.

   4. Mr. Niehoff informed the Government that he and defendant Alexander have discussed

       this potential conflict, and per Mr. Niehoff, the defendant has knowingly waived any

       conflict. The Government requests a hearing on this issue at which the Court can conduct

       a colloquy with defendant and advise him of the restrictions Mr. Niehoff would face in

       cross-examining O.R.

                                          CONCLUSION

       For the foregoing reasons, the United States respectfully requests that the Court conduct

an inquiry regarding this potential conflict. The parties can be available prior to the Pre-Trial

Conference currently scheduled for September 12, 2024, should the Court desire an earlier

resolution.

                                                      Respectfully submitted,

                                                      SAYLER A. FLEMING
                                                      UNITED STATES ATTORNEY

                                                      /s/ Christine H. Krug
                                                      CHRISTINE H. KRUG #42586MO
                                                      Assistant United States Attorney ]’
                                                      111 S. 10th Street, 20th Floor
                                                      St. Louis, MO 63102
                                                      Christine.Krug@usdoj.gov




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Case: 4:23-cr-00316-JAR         Doc. #: 43      Filed: 08/30/24    Page: 3 of 3 PageID #: 71




                                CERTIFICATE OF SERVICE

       I hereby certify that on August 30, 2024, the foregoing was filed electronically with the
Clerk of the Court to be served by operation of the Court’s electronic filing system upon Terence
Niehoff, Attorney for Defendant.

                                               /s/ Christine H. Krug
                                               CHRISTINE H. KRUG #42586MO




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