Court filing
Information — United States v. Maurice Fayne (Dkt. 111, N.D. Ga. No. 1:20-cr-00228)
Filed December 8, 2020 in United States v. Maurice Fayne; one of 156 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2020-12-08 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 111 · 2020-12-08 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA v. DANIEL ERIC JAY Criminal Action No. 1:20-CR-228-MHC-JKL MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE TO INTERVIEW WITNESSES AND/OR CO-DEFENDANTS Defendant Daniel Eric Jay requests that this Court modify his conditions of release to allow for contact with persons who may be a victim or witness where counsel for Mr. Jay is present and the contact pertains to case preparation. One condition of Mr. Jay’s release is that he “avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution.” Doc. 4-7. Such a prohibition artificially restricts Mr. Jay’s ability to obtain evidence in his defense and, as worded, even restricts Mr. Jay’s lawyer from contacting Mr. Fayne’s stand-by counsel. “It is well established that a defendant is normally entitled, without governmental interference, to [have] access to prospective witnesses.” United States v. Pepe, 747 F.2d 632, 654 (11th Cir. 1984). The current no-contact condition imposes “unjustified limitations” on Mr. Jay’s access to potential information regarding his defense. See id. Case 1:20-cr-00228-MHC-JKL Document 111 Filed 12/08/20 Page 1 of 4 4 #3103881v1 Undersigned counsel has spoken with U.S. Probation Officer Matthew Anderson (who is Jay’s Probation Officer) and Assistant U.S. Attorney Russell Phillips. The U.S. Probation Office does not oppose a modification of the order to allow contact between counsel for Mr. Jay and potential witnesses but does not consent to a modification that would allow for witness interviews or contact that directly includes Mr. Jay. The U.S. Attorney’s Office for the Northern District of Georgia does not oppose this request. Respectfully submitted this 8th December, 2020. /s/ Megan Cambre Kamal Ghali Georgia Bar No. 805055 Megan E. Cambre Georgia Bar No. 167133 ghali@bmelaw.com cambre@bmelaw.com BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree Street, N.W., Suite 3900 Atlanta, Georgia 30309 (404) 881-4100 – Telephone (404) 881-4111 – Facsimile Case 1:20-cr-00228-MHC-JKL Document 111 Filed 12/08/20 Page 2 of 4 #3103881v1 CERTIFICATE OF SERVICE I hereby certify that this 8th day of December, 2020, a copy of the foregoing MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE TO INTERVIEW WITNESSES AND/OR CO-DEFENDANTS was electronically filed with the Clerk of the Court and copies sent to all counsel of record via the ECMF system. /s/ Megan Cambre Kamal Ghali Georgia Bar No. 805055 Megan E. Cambre Georgia Bar No. 167133 ghali@bmelaw.com cambre@bmelaw.com Case 1:20-cr-00228-MHC-JKL Document 111 Filed 12/08/20 Page 3 of 4 #3103881v1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA v. DANIEL ERIC JAY Criminal Action No. 1:20-CR-228-MHC-JKL ORDER MODIFYING CONDITIONS OF RELEASE Defendant Daniel Eric Jay requests that this Court modify his conditions of release to permit contact with persons who may be a victim or witness where counsel for Mr. Jay is present and the contact pertains to case preparation. Given the absence of opposition from the Government, Jay’s conditions of release are HEREBY MODIFIED to allow for contact between Defendant Jay and any victim or witness where counsel for Defendant Jay is present and the meeting pertains to case preparation. SO ORDERED this ____ day of December, 2020. _______________________________ RUSSELL G. VINEYARD U.S. MAGISTRATE JUDGE Case 1:20-cr-00228-MHC-JKL Document 111 Filed 12/08/20 Page 4 of 4
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