RESPONSE by United States of America TO STANDARD DISCOVERY… — United States of America v. Sutton et al (Dkt. 126)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 126 · 2025-03-06 · Docket on CourtListener

Summary

The government's response to the defendant's standard discovery requests, filed March 6, 2025 in United States v. Kisha Sutton, et al., No. 2:24-cr-00192, in the U.S. District Court for the Southern District of West Virginia, as Doc. 126. It answers Requests A through M under Rule 16, marking several not applicable and describing a first discovery production with a Bates index. A chart lists records by source, including Harvest, Bank of America, Intuit, Womply, Verizon and Block. The response states the government does not intend to present 404(b) evidence at this time and will seek judicial notice that Charleston, West Virginia, is within the district. It also requests reciprocal discovery within 14 days and gives notice of a summary chart under Rule 1006 and certified records under Rule 902.

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UNITED STATES DISTRICT COURT  
 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
CRIMINAL NO. 2:24-CR-00192-1 
 
 
KISHA SUTTON, ET AL. 
 
 
RESPONSE OF THE UNITED STATES OF AMERICA 
TO DEFENDANT’S STANDARD DISCOVERY REQUESTS,  
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY, 
AND NOTICE OF THE UNITED STATES INTENT TO OFFER 
EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY 
 
 
Pursuant to Rule 16 of the Federal Rules of Criminal 
Procedure, Rule 16.1(a) of the Local Rules of Criminal Procedure, 
and the Arraignment Order and Standard Discovery Request entered 
by the Court in this case, the United States of America, by 
counsel, herewith responds to each of defendant’s Standard 
Discovery Requests as follows: 
 
Request A:  Disclose to defendant the substance of any 
relevant oral statement made by defendant, whether 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.  [Fed. R. Crim. P. 16(a)(1)(A)] 
 
Response:  Not applicable. 
 
 
Request B:  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, 
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custody, or control; and the attorney for the government knows--
or through due diligence could know--that the statement exists.  
[Fed. R. Crim. P. 16(a)(1)(B)(i)] 
 
Response:  On the date of this filing, the United States has 
disclosed to counsel for defendant, Kisha Sutton: 
 
1. 
Defendant Kisha Sutton’s CashApp/Block records which are 
included in Bates Number USAO-00004237-00004247; see 
also Shamiese Wright’s CashApp/Block records which are 
included in Bates Number USAO-00004699. 
 
 
(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.  [Fed. R. Crim. P. 16(a)(1)(B)(ii)] 
 
Response:  Not applicable. 
 
 
(iii)  The defendant’s recorded testimony before a grand jury  
relating 
to 
the 
charged 
offense. 
 
[Fed. 
R. 
Crim. 
P. 
16(a)(1)(B)(iii)] 
 
Response:  Kisha Sutton did not appear before the Grand Jury. 
 
 
Request C:  Where the defendant is an organization, e.g., a  
corporation, partnership, association or labor union, disclose to 
the defendant any statement described in Fed. 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 capable to bind the defendant regarding 
that conduct because of that person’s position as the defendant’s 
director, officer, employee, or agent.  [Fed. R. Crim. P. 
16(a)(1)(C)] 
 
Response:  Not applicable.  
 
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Request D:  Furnish the defendant with a copy of 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.  [Fed. 
R. Crim. P. 16(a)(1)(D)] 
 
Response:  On the date of this filing, the United States is 
unaware of any criminal history for Kisha Sutton. The documents 
responsive to the criminal history inquiry for Kisha Sutton are 
located at Bates Number USAO-00013347-13353. 
 
 
Request E:  Permit the defendant to inspect and to copy or 
photograph books, papers, documents, data, photographs, tangible 
objects, building or places, or copies or portions of any of those 
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 
defendant.  [Fed. R. Crim. P. 16(a)(1)(E)] 
 
Response:  On the date of this filing, the United States has 
disclosed its first production of discovery materials to counsel 
for defendant, Kisha Sutton, Bates Numbered USAO-00000001 through 
USAO-00013613, 
USAO-00013656-USAO-00014209. 
This 
production 
includes a full Bates index and the following general categories 
of documents: 
 
1. 
Jail Calls of Lydia Spencer, Bates Numbered USAO-
00000001 and USAO-00014162,  
2. 
Recorded Statements of Cylena Sutton, Damisha Brown, 
Jasmine Spencer, Lydia Spencer, Myrtle Brown, Rahmel 
Meekins, and Satanisha Miller, Bates Numbered USAO-
00000002,  
3. 
Additional recorded interviews of E. B. and Damisha 
Brown, Bates Numbered USA-00014051,  
4. 
Investigative materials, including, inter alia, reports 
of interviews and criminal histories, Bates Numbered 
USAO-00006706 - USAO-00013612,  
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5. 
Reports and arrest records Bates Number beginning at 
USAO- 00014163, and  
6. 
Documents from various entities as detailed in the chart 
below, and as further detailed in the included Bates 
Index. 
 
Entity 
Bates Range 
Harvest 
USAO-00000003 – USAO-00000010; 
USAO-00000957 – USAO-00001627; 
USAO-00005957 – USAO-00006589; 
USAO-00004392 – USAO-00004469 
Benworth 
USAO-00000678 - USAO-00000820; 
USAO-00005877 - USAO-00005956 
Greendot 
USAO-00000011 - USAO-00000022; 
USAO-00000049 - USAO-00000061 
AT&T 
USAO-00000023 - USAO-00000037 
Verizon 
USAO-00000038 - USAO-00000046; USAO-00001795 - 
USAO-00001806; USAO-00004248 - USAO-00004258; 
USAO-00004470 - USAO-00004491; 
USAO-00006597 - USAO-00006647 
Block 
USAO-00000047 - USAO-00000048; USAO-00000589 - 
USAO-00000590; USAO-00001825 - USAO-00001850; 
USAO-00004237 - USAO-00004247; 
USAO-00004682 - USAO-00004773 
Bank of 
America 
USAO-00000062 - USAO-00000578; 
USAO-00004774 - USAO-00005726 
FreeTaxUSA 
USAO-00000579 
Jackson Hewitt 
USAO-00000580 - USAO-00000587 
Liberty Tax 
Charleston 
USAO-00000588 
Bancorp 
USAO-00000591 - USAO-00000677 
Fountainhead 
USAO-00000821 - USAO-00000956; 
USAO-00013656 - USAO-00014050 
Stride 
USAO-00001628 - USAO-00001637; USAO-00004202 - 
USAO-00004205; 
USAO-00006666 - USAO-00006674 
Wells Fargo 
USAO-00001638 - USAO-00001794 
Womply 
USAO-00001807 - USAO-00001824 
Sutton Bank 
USAO-00001851 - USAO-00001858 
Intuit 
USAO-00001859 - USAO-00004131 
HR Block 
USAO-00004132 - USAO-00004201 
Zelle 
USAO-00004206 - USAO-00004236 
J&J Auto Glass 
USAO-00004259 
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Dutch Miller 
USAO-000004260 - USAO-00004380 
Todd Judy Ford 
USAO-00004381 - USAO-00004391 
T-mobile 
USAO-00004492 - USAO-00004523; 
USAO-00006675 
Suddenlink 
USAO-00004524 - USAO-00004544 
Google 
USAO-00004545 - USAO-00004678 
Comcast 
USAO-00004679 - USAO-00004680 
Charter 
USAO-00004681 
Chase 
USAO-00005727 
Docusign 
USAO-00005728 - USAO-00005774 
Amazon 
USAO-00005779 - USAO-00005783; 
USAO-00006593 - USAO-00006596 
Grubhub 
USAO-00005784 - USAO-00005803 
Fountainhead 
USAO-00005804 - USAO-00005876 
National Grid 
USAO-00006648 - USAO-00006656 
California Dept 
of Financial 
Protection and 
Innovation 
USAO-00006657 - USAO-00006660 
Garrett Tire 
USAO-00006661 - USAO-00006665 
Vivid Seats 
USAO-00006676 - USAO-00006684 
Walmart 
USAO-00006685 - USAO-00006690 
Yahoo 
USAO-00006691 - USAO-00006692 
Delta 
USAO-00006693 - USAO-00006705 
 
Of note, the United States· has disclosed documents with the 
following Bates Numbers: USAO-0000004 7-USAO-00000048; USAO-
00000589-USAO-00000590 
;USAO-00001825-USAO-00001850; 
USAO-
00004237-USAO-00004247;USAO-00004682-USAO-00004773,USAO-00004243 
(CashApp/Block records), USAO-00001795-USAO-00001806 (Verizon 
Subscriber Account Information), and USAO-00001814, (Womply 
Records of IP address information related to submitted loan 
applications). 
 
 
Request 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 tests 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.  [Fed. R. Crim. P. 
16(a)(1)(F)] 
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Response:  Not applicable. 
 
 
Request 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. 
 [Fed. R. Crim. P. 16(a)(1)(G)] 
 
 
Response:  This case involves a significant amount of 
financial information, and the United States may need a witness 
with special skills to introduce summary charts or explain the 
accounting behind the calculated financial loss at trial. If needed 
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at trial, a person will be so designated. However, at this time, 
the United States believes that it can present this information 
through a lay witness, and that this topic does not require expert 
testimony. The United States expressly reserves the right to 
supplement its Response.    
 
 
Request H:  Disclose to defendant all evidence favorable to 
defendant, including impeachment evidence, and allow defendant to 
inspect, copy or photograph such evidence. 
 
Response:  The United States is unaware of any such evidence 
other than that which has already been provided. 
 
 
Request I:  Notify defendant of all evidence the government 
intends to introduce pursuant to Rule 404(b) of the Federal Rules 
of Evidence. 
 
Response:  At this time, the United States does not intend to 
present 404(b) evidence. However, the United States reserves the 
right to supplement this response. 
 
 
Request 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. 
 
Response:  Not applicable.  
 
 
Request K:  Disclose to defendant any matter as to which the 
government will seek judicial notice. 
 
Response:  The United States will seek judicial notice that 
Charleston, West Virginia, is within the Southern District of West 
Virginia. 
 
 
Request L:  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 
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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 (1) any application 
for an order authorizing the interception of a wire or oral 
communication; (2) any affidavits filed in support thereof; and 
(3) any court order authorizing such interception. 
 
Response:  The United States provided has the CashApp/Block 
records which disclose not only financial transactions but also 
includes communications between the defendants in this case, 
including Kisha Sutton. 
 
 
Request 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. 
 
Response:  The United States reserves the right to use all 
information and evidence disclosed herein or made available for 
inspection and copying pursuant to this Response and such 
information and evidence which may be discovered and finally 
provided to defendant. 
 
 
Any discovery provided that is not mandated by Court order, 
the Federal Rules of Criminal Procedure, federal statute or federal 
case law, is provided voluntarily as a matter of discretion solely 
to expedite and facilitate litigation of this case. 
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY 
 
Pursuant to Rules 16.1(b) and 16.1(d) of the Local Rules of 
Criminal Procedure, the United States of America requests that 
defendant provide all applicable reciprocal discovery within 14 
days of the service of this response and the provision of materials 
requested by defendant in the Standard Discovery Request. 
 
NOTICE OF THE UNITED STATES’S INTENT TO USE SUMMARY CHARTS 
Pursuant to Federal Rules of Evidence 1006, notice is hereby 
given of the United States’s intent to offer a summary chart of 
the 
financial 
information 
in 
this 
case, 
the 
underlying 
documentation of which is included in the United States’s 
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production of documents. The summary chart can be found at Bates 
Number USAO-00013249. 
 
NOTICE OF THE UNITED STATES’S INTENT TO OFFER 
EVIDENCE PURSUANT TO FEDERAL RULE OF EVIDENCE 902 
 
Pursuant to, Federal Rules of Evidence 902, notice is hereby 
given of the United States intent to offer into evidence certified 
domestic records of regularly conducted activity. The records are 
referred to more specifically in the chart included in Response E 
above. 
 
Respectfully submitted, 
 
LISA G. JOHNSTON 
Acting United States Attorney 
 
 
 
 
 
 
 
By: 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov 
 
Case 2:24-cr-00192     Document 126     Filed 03/06/25     Page 9 of 10 PageID #: 572

CERTIFICATE OF SERVICE 
It is hereby certified that the foregoing “RESPONSE OF THE 
UNITED STATES OF AMERICA TO DEFENDANT’S STANDARD DISCOVERY 
REQUESTS, REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY, 
AND NOTICE OF THE UNITED STATES INTENT TO OFFER EVIDENCE OF RECORDS 
OF REGULARLY CONDUCTED ACTIVITY” has been electronically filed and 
service has been made on opposing counsel by virtue of such 
electronic filing this 6th day of March, 2025, to: 
 
 
Connor D. Robertson, Esq. 
2702 Main Street 
Hurricane, WV 25526 
Email: cdr@croblaw.com 
 
 
 
 
 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov 
 
 
 
 
Case 2:24-cr-00192     Document 126     Filed 03/06/25     Page 10 of 10 PageID #: 573

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