Arraignment Order and Standard Discovery Requests — United States v. Sutton et al. (Dkt. 116, S.D. W. Va.)

Summary

An Arraignment Order and Standard Discovery Requests in United States of America v. Kisha Sutton, Criminal No. 2:24-cr-00192-1, in the U.S. District Court for the Southern District of West Virginia, filed 02/20/25 over the name of United States Magistrate Judge Omar J. Aboulhosn, records that at Charleston on February 20, 2025 the defendant entered a plea of NOT GUILTY to the indictment. It sets a jury trial for 9:00 a.m. on April 14, 2025 before the Honorable Irene C. Berger and a pretrial motions hearing on March 27, 2025, makes pretrial motions due March 13, 2025 if Standard Discovery Requests are elected, orders release on a non-surety bond of $10,000, and lists the discovery requests made.

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Case 2:24-cr-00192     Document 116     Filed 02/20/25     Page 1 of 6 PageID #: 500
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON
UNITED STATES OF AMERICA
v. Criminal No. 2:24-cr-00192-1
KISHA SUTTON
ARRAIGNMENT ORDER AND

STANDARD DISCOVERY REQUESTS

I. ARRAIGNMENT ORDER

[Defendant present] At Charleston on February 20, 2025, came the United States of America by
Justin Marlowe, Assistant United States Attorney, and also came the defendant in person, and
by & court-appointed [1 retained counsel, Connor Robertson, CJA Panel Attorney, for the
purpose of an arraignment.

After the Court interrogated the defendant and was satisfied that the defendant had
received a copy of the indictment, and had read and understood the contents thereof, and that
his/her attorney had explained the nature of the charges to him/her, the defendant entered a
voluntary plea of NOT GUILTY to the indictment.

[Defendant not present] At on , 20__,came the United States of America
by , Assistant United States Attorney, and also came ,
Cicourt-appointed Dretained counsel for the defendant, who had previously waived his/her
right to be present at the arraignment, which waiver was accepted. A NOT GUILTY plea to the
indictment was entered for the defendant, pursuant to the waiver.

IT IS ORDERED that this case be set for trial to a jury at 9:00 a.m. on April 14, 2025, in
Charleston, before the Honorable Irene C. Berger. Counsel should be prepared to select a jury
on the preceding Friday, if so ordered by the Court.

IT IS FURTHER ORDERED that if any courtroom technology is required for use at trial
or other proceeding, counsel shall notify the court’s technology staff. A certification that the
court's technology staff has been notified shall be filed with the clerk no later than 7 days before
the scheduled commencement of the trial or other proceeding.

IT IS FURTHER ORDERED that a pretrial hearing on motions in this case be held on
March 27, 2025, at 11:30 Kla.m. Dp.m. in Charleston. Pursuant to Rule 12.1(d) of the Local Rules
of Criminal Procedure for the Southern District of West Virginia, counsel must notify the
presiding judge whether either party will seek to present evidence at the pretrial hearing on
motions. Further, counsel must immediately notify the presiding judge if agreement has been
reached on all pretrial issues, rendering the pretrial hearing on motions unnecessary.

i
Case 2:24-cr-00192     Document 116     Filed 02/20/25     Page 2 of 6 PageID #: 501
IT IS FURTHER ORDERED that if Standard Discovery Requests are elected, then pretrial
motions are due on or before March 13, 2025, with copies provided to the presiding judge’s
chambers. Proposed Voir Dire Questions and Jury Instructions are due to the presiding judge on
or before March 31, 2025.

IT IS FURTHER ORDERED that the deadline for filing superseding indictments, if any,
shall be thirty (30) days before the trial date. The Court notes the government's objection.

IT IS FURTHER ORDERED that the pretrial motions hearing scheduled pursuant to this
Arraignment Order are for matters to be heard by Magistrate Judge Aboulhosn. However,
excluded from magistrate referral are motions in limine and motions to suppress. Accordingly,
any motions to extend the deadline for the filing of motions in limine or motions to suppress shall
be submitted to and addressed by Judge Berger.

IT IS FURTHER ORDERED that the parties SHALL notify the Court of any proposed
plea agreement in sufficient time so that a plea hearing may be scheduled by the Court not later
than one week before the scheduled trial. Furthermore, the parties are put on notice that should
a proposed plea hearing not be completed, the Court will not entertain a motion to continue the
trial based upon the parties not being prepared for trial.

IT IS FURTHER ORDERED that all jury instructions submitted to Judge Berger shall be
numbered.

On or before March 31, 2025, counsel is requested to provide a list of prospective
witnesses to chambers for use in voir; such list need not be served on opposing counsel.

The defendant OH did execute }¥{ did not execute a waiver of right to be present at hearings
on motions prior to trial.

With respect to a defendant represented by court-appointed counsel, IT IS FURTHER
ORDERED that the defendant is given the right to subpoena witnesses to testify in this case on
the date of trial, and the costs incurred by the process and fees of the witnesses so subpoenaed be
paid in the same manner in which similar costs and fees are paid in the case of witnesses so
subpoenaed on behalf of the government.

Il. CUSTODIAL/NON-CUSTODIAL STATUS
(Check applicable sections)

O A. The defendant was previously ordered detained pending trial.

O B. The government has moved for a detention hearing, and the Court hereby ORDERS
that a detention hearing be held on 20__,at . The defendant is remanded to
the temporary custody of the United States Marshal pending the detention hearing.

O C. The defendant was previously released on a LJ surety X non-surety bond in the
amount of $ with special conditions as set forth in the Order Setting Conditions of

Release, and it is ORDERED that said bond and Order shall continue.
Case 2:24-cr-00192     Document 116     Filed 02/20/25     Page 3 of 6 PageID #: 502
J __—COVD.z. ‘The defendant is hereby ORDERED released upon execution of a O surety }xnon-
surety bond in the amount of $10,000 as set forth in the Order Setting Conditions of Release.

O E. The defendant is hereby ORDERED detained as set forth in the Detention Order.

Il. STANDARD DISCOVERY REQUEST FORM
(Initial “A” or “B”)

CNC A. The defendant has elected to utilize the Standard Discovery Requests, as set forth in
Rule 16.1 of the Local Rules of Criminal Procedure for the Southern District of West Virginia.

B. The defendant has elected NOT to utilize the Standard Discovery Requests, as set forth
in Rule 12.1 of the Local Rules of Criminal Procedure for the Southern District of West Virginia.
Accordingly, the defendant is hereby ORDERED to file all pretrial motions together with
supporting memoranda fourteen (14) days before the hearing on pretrial motions, not later than

, , and to provide copies to the presiding judge’s chambers.
Responses shall be filed within seven (7) days, not later than
with copies provided to the presiding judge’s chambers.

Whereupon, the following Standard Discovery Requests were made:

hs On Behalf of the Defendant, the Government Is Requested to:
(defense counsel must initial all applicable sections)

CY. a. Disclose to defendant the substance of any relevant oral statement made by the
defendant, before or after arrest, in response to interrogation by a person the defendant knew
was a government agent if the government intends to use the statement at trial. [F.R.Crim.P.

16(a)(1)(A)].

CDW b. [Individual defendant] Disclose to defendant and make available for inspection,
copying or photographing, all of the following: (i) any relevant written or recorded statement by
the defendant if the statement is within the government's possession, custody, or control; and the
attorney for the government knows--or through due diligence could know--that the statement
exists; (ii) the portion of any written record containing the substance of any relevant oral
statement made before or after arrest if the defendant made the statement in response to
interrogation by a person the defendant knew was a government agent; and (iii) the defendant's
recorded testimony before a grand jury relating to the charged offense. [F.R.Crim.P. 16(a)(1)(B)].

c. [Organization defendant] Where the defendant is an organization, e.g., corporation,
partnership, association or labor union, disclose to the defendant any statement described in
F.R.Crim.P. 16(a)(1)(A) and (B), if the government contends that the person making the statement
(i) was legally able to bind the defendant regarding the subject of the statement because of that
person’s position as the defendant's director, officer, employee, or agent; or (ii) was personally
involved in the alleged conduct constituting the offense and was legally able to bind the
defendant regarding that conduct because of that person’s position as the defendant's director,
officer, employee, or agent. [F.R.Crim.P. 16(a)(1)(C)].
Case 2:24-cr-00192     Document 116     Filed 02/20/25     Page 4 of 6 PageID #: 503
(SK d. Furnish the defendant with a copy of the defendant's prior criminal record that is
within the government's possession, custody, or control if the attorney for the government
knows--or through due diligence could know--that the record exists. [F.R.Crim.P. 16(a)(1)(D)].

Cy e. Permit the defendant to inspect and to copy or photograph books, papers, documents,
data, photographs, tangible objects, buildings or places, or copies or portions of any of these
items, if the item is within the government's possession, custody, or control, and (i) the item is
material to preparing the defense; (ii) the government intends to use the item in its case in chief
at trial; or (iii) the item was obtained from or belongs to the defendant. [F.R.Crim.P. 16(a)(1)(E)].

| nS f. Permit the defendant to inspect and to copy or photograph the results or reports of any
physical or mental examination and of any scientific test or experiment if (i) the item is within the
government's possession, custody or control; (ii) the attorney for the government knows--or
through due diligence could know--that the item exists; and (iii) the item is material to preparing
the defense or the government intends to use the item in its case-in-chief at trial. [F.R.Crim.P.

16(a)(1)(F)].

Cyt. g. For any testimony the government intends to use under Rules 702, 703 or 705 of the
Federal Rules of Evidence during its case-in-chief, or during rebuttal to counter testimony that
the defendant has timely disclosed under reciprocal discovery, give to the defendant, in writing,
the following information:

(i) a complete statement of all opinions that the government will elicit from the
witness in its case-in-chief, or during its rebuttal to counter testimony that the
defendant has timely disclosed under reciprocal discovery;

(ii) the bases and reasons for them;

(iii) | the witness’s qualifications, including a list of all publications authored in the
previous 10 years; and

(iv) a list of all other cases in which, during the previous 4 years, the witness has
testified as an expert at trial or by deposition.

If the government requests discovery under the second bullet point in Federal Rules of Criminal
Procedure 16(b)(1)(C)(i) and the defendant complies, the government must, at the defendant's
request, disclose to the defendant, in writing, the information listed above in (i) through (iv) for
testimony that the government intends to use at trial under Rules 702, 703, or 705 of the Federal
Rules of Evidence on the issue of the defendant's mental condition.

The witness must approve and sign the disclosure, unless the government states in the disclosure
why it could not obtain the witness's signature through reasonable efforts, or the government has
previously provided a report, signed by the witness, that contains all the opinions and the bases
and reasons for them. [F.R.Crim.P. 16(a)(1)(G)]

CSI h. Disclose to defendant all evidence favorable to defendant, including impeachment
evidence, and allow defendant to inspect, copy or photograph such evidence.
Case 2:24-cr-00192     Document 116     Filed 02/20/25     Page 5 of 6 PageID #: 504
Coe i. Notify defendant of all evidence the government intends to introduce pursuant to
Rule 404(b) of the Federal Rules of Evidence.

ANY. j. Disclose to defendant all reports of government “mail cover”, insofar as the same affects
the government's case against the defendant or any alleged aiders and abettors or
co- conspirators.

CX _ k. Disclose to defendant any matter as to which the government will seek judicial notice.

Cy I, Disclose to defendant and make available for inspection, copying or photographing, the
results of any interception of a wire, oral or electronic communication in the possession, custody
or control of the government, the existence of which is known, or by the exercise of due diligence
could become known, to the attorney for the government, which contains any relevant statement
made by the defendant or which is material to the preparation of the defendant's defense or which
is intended for use by the government as evidence in its case-in-chief at the trial. For each such
interception, disclose (i) any application for an order authorizing the interception of a wire or oral
communication, (ii) any affidavits filed in support thereof, and (iii) any court order authorizing
such interception.

Ne m. Provide notice to defendant of the government's intention to use evidence pursuant
to Rule 12(b)(4)(B) of the Federal Rules of Criminal Procedure.

2. Government Responses to Defendant's Standard Discovery Requests.
(initial line)

D444 Pursuant to Local Rule 16.1(C), the Government hereby agrees to provide the materials to
the defendant not later than fourteen (14) days from the date of this Order, or as otherwise agreed
by the parties, or ordered by the Court.

Further, the government must file a written response to the defendant's standard
discovery requests with the Clerk within the time frame set forth above.

ai Reciprocal Discovery and Filing of Additional Motions by Defendant.

Pursuant to Local Rule 16.1, the defendant shall provide to the Government any required
reciprocal discovery within fourteen (14) days of receipt of the requested materials and filing of
the government's written response to the defendant's discovery requests.

4, Continuing Duty of Disclosure.

The defendant and the government agree that their respective duties of disclosure and
discovery pursuant to this order are continuing, and that they shall produce additional
responsive information as soon as it is received, and in no event later than the time for such
disclosure as required by law, rule of criminal procedure, or order of court.
Case 2:24-cr-00192     Document 116     Filed 02/20/25     Page 6 of 6 PageID #: 505
IV. | DISCLOSURE OF JENCKS ACT, RULE 26.2 MATERIALS; AND REQUEST FOR JURY
QUESTIONNAIRES (government and defense counsel initial and fill in lines)

Cyr" A. The defendant and the government agree that all Jencks Act and Rule 26.2, F.R.Crim.P.,
material will be furnished to opposing counsel days prior to any hearing, trial, or other
event triggering the required disclosure of such material.

pn
enre B. The defendant and the government request that the jury questionnaires answered by
the petit jurors on the current panel called in this case be made available to each party for
inspection and copying, which motion is GRANTED by the Court.

oil ¥ ite The defendant agrees that all material provided by the government which is subject to
the provisions of Rule 6(e) of the F.R.Crim.P. will be used only in the preparation of the defense
and will not be copied or published to any person whose knowledge of the same is not necessary
to the preparation of the defense and, further, that upon request, all copies of the same will be
returned to the government or destroyed at the close of the case.

¥. NOTICE TO COUNSEL OF COURT’S ADDITIONAL INSTRUCTION (government
and defense counsel shall initial):

W"
(WY Counsel is directed to give 30 days-notice to the United States Marshals Service for the
production of out-of-district in-custody defendants or witnesses and to cancel those requests for
production if the appearance becomes unnecessary.

The Clerk of this Court is directed to send a copy of this Order to the defendant, counsel
of record, the United States Marshal and the United States Probation Office.

eases ISTRIGS

bhatt boll.

Omar J. Aboulhosn
United States Magistrate Judge

Inspected and Approved by:

Counsel for Defendant _

L, VA
P
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