Response to Motion by USA as to Gladys Harun — USA v. Harun (Dkt. 83, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 3:22-cr-00009-DHB-BKE · Doc. 83 · 2023-02-06 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF GEORGIA 
DUBLIN DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
GLADYS HARUN 
) 
) 
) 
) 
) 
3:22-CR-9 
 
 
GOVERNMENT=S RESPONSE TO DEFENDANT’S PRETRIAL MOTIONS  
 
Now comes the United States of America, by and through David H. Estes, 
United States Attorney for the Southern District of Georgia, and files the 
Government’s Response to Defendant’s Pretrial Motions.  
PRELIMINARY STATEMENT 
The Government has provided expanded and voluminous discovery in this 
case.  The discovery materials previously provided consist of the following: bank 
records, agent reports, loan applications, grand jury transcripts, IRS reports, Yahoo 
search warrant results, checks and deposit tickets, emails, tax records, defendant’s 
criminal history, and court hearing transcripts.   
The government is providing additional discovery today, provided via USAfx, 
that it recently received from the State of Georgia pursuant to an independent 
investigation the State.  While it does not directly relate to this case, out of an 
abundance of caution, and as there may be Rule of Evidence 404(b) material and/or 
other impeachment material, the government is providing this additional material.  
These materials include: medical records of the defendant, a dissertation by the 
defendant, a 2016 class action lawsuit, court records, agent reports, disability claims, 
Case 3:22-cr-00009-DHB-BKE     Document 83     Filed 02/06/23     Page 1 of 5

 
 
2 
attorney representation letters, emails, letters from the defendant claiming identity 
theft, a claim for worker’s compensation, and a NIPR report.      
Given this production of material, which constitutes the Government’s current 
and complete evidentiary file, the Government submits that its discovery obligations 
have been fully satisfied.  The Government will continue to meet its discovery 
obligations and will provide Defendant with notice and copies of any additional 
reports or evidence coming into the Government’s possession without delay.   
The discovery in this case has been produced to defense counsel on removable 
hard drives and CDs that counsel has provided to the United States Attorney’s Office.  
If defense counsel has difficulty downloading or locating any particular discovery 
item, please contact the undersigned Assistant United States Attorney.  If defense 
counsel wishes to view physical evidence in the Government’s possession, please 
contact the undersigned Assistant United States Attorney to make the necessary 
arrangements. 
The Government responds to Defendant’s pretrial motions as follows:  
I. 
MOTIONS FOR BRADY AND GIGLIO MATERIAL (Doc. 78) 
 
 
The Government is aware of its obligation to produce Brady and Giglio 
material.  The Government has and will continue to provide all materials of an 
exculpatory or arguably favorable nature, together with all information pertaining to 
its witnesses of an arguably impeaching nature, as soon as practicable after they are 
received by the U.S. Attorney’s Office, but in any event not later than 7 days prior to 
Case 3:22-cr-00009-DHB-BKE     Document 83     Filed 02/06/23     Page 2 of 5

 
 
3 
trial.  This will include “RAP” sheets for witnesses, plea agreements, promises of 
leniency, or grants of immunity to any witness, prior bad acts of witnesses to the 
extent they are known to the Government, prior inconsistent statements, 
misidentifications, or the like.  The Government recognizes its continuing duty to 
provide such materials as they become available.   
The Government’s intention to provide exculpatory, arguably favorable, or 
impeaching information on an immediate and continuing basis should not be 
construed so as to relieve Defendants of making particularized demands and 
showings of materiality and need for specifically identified items.  While the 
Government fully intends a good faith effort to identify and produce materials under 
its obligation as defined by Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United 
States, 405 U.S. 150 (1972),  United States v. Agurs, 427 U.S. 97 (1976), and their 
progeny, characterizations of particular items or information as falling within that 
obligation may differ, and a Defendant may find exculpatory or impeaching use of an 
item of information in a manner not apparent to or anticipated by the Government.  
Likewise, nothing herein should be construed to relieve a Defendant of the obligation 
to acquire on his own matters of public record. 
II. 
MOTIONS FOR NOTICE OF GOVERNMENT’S INTENT TO RELY ON 
EVIDENCE UNDER FEDERAL RULE OF EVIDENCE 404(b) (Doc. 79) 
 
 
The Government is aware of and will comply with the requirements of Federal 
Rule of Evidence 404(b) and Local Rule 16.2.  The government previously provided 
notice of its intent to use Rule 404(b) evidence on August 08, 2022, and October 11, 
Case 3:22-cr-00009-DHB-BKE     Document 83     Filed 02/06/23     Page 3 of 5

 
 
4 
2022.  (Documents 32 and 68).  The government recently obtained new evidence 
that is being provided in discovery. Should there be any additional Rule 404(b) 
material, the government will file a supplemental notice with the Court. 
Respectfully submitted, 
 
DAVID H. ESTES 
UNITED STATES ATTORNEY 
 
/s/ L. Alexander Hamner 
L. Alexander Hamer 
Assistant United States Attorney 
IN Bar No. 31996-41  
 
 
 
 
 
 
 
 
Case 3:22-cr-00009-DHB-BKE     Document 83     Filed 02/06/23     Page 4 of 5

 
 
CERTIFICATE OF SERVICE 
This is to certify that I have on this day served all the parties in this case in 
accordance with the notice of electronic filing (ANEF@) which was generated as a result 
of electronic filing in this Court. 
   Respectfully submitted, 
 
DAVID H. ESTES 
UNITED STATES ATTORNEY 
 
/s/ L. Alexander Hamner 
L. Alexander Hamer 
Assistant United States Attorney 
IN Bar No. 31996-41  
 
Post Office Box 8970 
Savannah, Georgia 31412 
(912) 652-4422 
Case 3:22-cr-00009-DHB-BKE     Document 83     Filed 02/06/23     Page 5 of 5

File and source

File

gov.uscourts.gasd.87462.83.0.pdf

Size

141,248 bytes

SHA-256

b8f2d77f429002ed5465f12279fe582de5398548c8eea07b8b5710cb5c1e1dd3

Our copy

gov.uscourts.gasd.87462.83.0.pdf

Original

PACER (login required)