Court filing

Government's Response to the Standing Discovery Order

Record facts

Court	U.S. District Court for the Southern District of Florida
Filed	2023-08-30

U.S. District Court for the Southern District of Florida · No. 9:23-cr-80141-DMM · Doc. 12 · 2023-08-30 · Docket on CourtListener

Summary

The government's response to the Standing Discovery Order, filed August 30, 2023 in United States v. Emmanuel Bully, No. 9:23-cr-80141-DMM, in the U.S. District Court for the Southern District of Florida. Numbered to track Local Rule 88.10 and Federal Rule of Criminal Procedure 16, it states the government's position on defendant statements, prior record, inspection of evidence in West Palm Beach, and the absence of examinations, lineups, contraband or known experts. It demands reciprocal discovery under Rule 16(b) and notice of any alibi defense under Rule 12.1, and commits to Brady and Giglio disclosures. It gives notice under F.R.E. 404(b) that evidence may include the defendant's June 2022 arrest. The four-page filing, Document 12, is signed by an Assistant United States Attorney and states discovery was sent on a USB drive August 29, 2023.

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Full text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-80141-CR-DMM

UNITED STATES OF AMERICA

vs.

EMMANUEL BULLY,

Defendant.
_______________________________/

GOVERNMENT=S 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. The government is unaware of any written or recorded statements made
by the defendant.

2.
The government has provided the defense with the written record
containing the substance of any oral statement made by the defendant
before or after arrest in response to interrogation by any person then
known to the defendant to be a government agent.

3.
No defendant testified before the Grand Jury.

4.
The defendant’s prior criminal record, to the extent it exists, was
provided to the defense.

5.
Books, papers, documents, photographs, recordings, tangible objects,
buildings or places which the government intends to use as evidence at
trial to prove its case in chief, or were obtained from or belonging to the
defendant may be inspected at a mutually convenient time at the United
States Attorney’s Office in West Palm Beach, Florida. Please call the
undersigned attorney to set up a date and time that is convenient to both
parties.

6.
There were no physical or mental examinations or scientific tests or
experiments made in connection with this case.
Case 9:23-cr-80141-DMM Document 12 Entered on FLSD Docket 08/30/2023 Page 1 of 4

B.
DEMAND FOR RECIPROCAL DISCOVERY: The United States
requests the disclosure and production of materials enumerated in Section
88.10(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 under separate cover 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 under separate cover any prior convictions
of any alleged co-conspirator, accomplice or informant who will testify
for the government at trial.

F.
The defendant was not identified in a lineup, show up, photo array 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). You are hereby on notice that all evidence made available to you
for inspection, as well as all statements 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).
This evidence includes, but is not limited to, the defendant’s June 2022
arrest.

I.
The defendant is not an aggrieved person, as defined in Title 18, United
States Code, Section 2510(11), of any 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.
No contraband is involved in this indictment.

Case 9:23-cr-80141-DMM Document 12 Entered on FLSD Docket 08/30/2023 Page 2 of 4

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 not aware of any latent fingerprints or palm prints
which have been identified by a government expert as those of either
defendant.

N.
The government shall file an expert witness summary response to the
defendants when it has identified any expert witness it intends to call.
No such experts are known as of the time of this response.

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 times, dates, and places of the offenses are
listed in the Indictment.

Discovery was provided to defense counsel for the defendant on a thumb drive
containing documents and other items produced in native format.

Respectfully submitted,

MARKENZY LAPOINTE
UNITED STATES ATTORNEY

By:
/s/ Shannon Shaw

Shannon Shaw

Assistant United States Attorney

Florida Bar No. 92806

U.S. Attorney’s Office
Case 9:23-cr-80141-DMM Document 12 Entered on FLSD Docket 08/30/2023 Page 3 of 4

500 S. Australian Ave.

West Palm Beach, FL 33401

Telephone: (561) 209-1036

E-mail: Shannon.Shaw@usdoj.gov

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I electronically filed the foregoing document with the Clerk
of the Court using CM/ECF on August 30, 2023. Discovery was sent via FedEx to defense counsel
on a USB drive August 29, 2023.

/s/ Shannon Shaw