Scheduling and Trial Order as to Daisha Sanders, Joel Wright — USA v. Sanders et al. (Dkt. 123)

Record facts

U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 123 · 2024-06-12 · Docket on CourtListener

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THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF MISSOURI 
WESTERN DIVISION 
 
UNITED STATES OF AMERICA,  
) 
 
 
 
 
 
 
)  
 
 
 
 
 
 
 
 
Plaintiff, 
) 
 
 
 
 
 
 
) 
 
v. 
 
 
 
 
)  Case No. 24-00029-01/11-CR-W-BP  
 
 
 
 
 
 
)  
 
 
DAISHA SANDERS, (01),   
 
) 
JOEL WRIGHT, (02), 
 
 
) 
DENISE SANDERS, (03), 
 
 
) 
RASHONDA GOLDEN, (04), 
 
) 
ROXANNE NAZIR, (05), 
 
 
) 
KIANDRA CROWE, (06), 
 
 
) 
JEFFERY CHILLIS, II, (07),  
 
) 
ALFRED HAYES, IV, (09),  
 
) 
JORDAN NICHOLS, (11), 
 
 
) 
 
 
 
 
 
 
)  
 
 
 
 
 
 
 
Defendants. 
)  
 
 
 
SCHEDULING AND TRIAL ORDER 
 
 
Present for a scheduling conference held on June 12, 2024, were the above-named 
defendants, along with counsel for the above-named defendants and counsel for the government.  
As a result of discussions at the scheduling conference, the following trial setting and deadlines 
for pretrial filings were established: 
I. 
TRIAL SETTING 
 
At the scheduling conference, parties discussed the written motion to continue the current 
trial setting (doc. 115 filed 6/6/2024), by defendant 01, Daisha Sanders.  As a result of the parties’ 
discussion and review of the motion filed by defense counsel, this case is removed from the Joint 
Criminal Jury Trial Docket which commences July 8, 2024 and is reset for trial on the Joint 
Criminal Jury Trial Docket which commences January 6, 2025.  
 
The Court expects that the parties will use their best efforts to be ready for trial by 
this date.  However, if unexpected circumstances arise that would justify a continuance, a Motion 
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to Continue the case off this docket shall be filed, in writing, five business days prior to the 
Pretrial Conference and shall require a statement by counsel that government and 
defendants have been informed of and agrees to the requested continuance.  
 
The Speedy Trial Act of 1974, as amended, mandates the commencement of the trial of a 
defendant within seventy days from the defendant’s first appearance before a judicial officer of 
the court in which the charge is pending.  In computing the seventy-day time period, the periods 
of delay set forth in 18 U.S.C. § 3161(h) are to be excluded.  Any period of delay resulting from a 
continuance granted at the request of a defendant is excludable if the Court finds the ends of justice 
served by the taking of such action outweigh the best interests of the public and the defendant(s) 
in a speedy trial, provided the Court sets forth the reason for such finding.  See 18 U.S.C.                     
§ 3161(h)(7)(A). 
 
Given the reasons set forth in the motion for continuance and the parties’ discussion at the 
scheduling conference, the Court finds that it would be unreasonable to expect defense counsel to 
prepare this case adequately for trial prior to July 8, 2024, and that failure to grant a continuance 
would deny defense counsel the reasonable time necessary for effective preparation and, thus, 
would deny the defendants the right to effective assistance of counsel.  The Court finds that the 
ends of justice served by granting a continuance outweigh the best interests of the public and the 
defendants in a speedy trial. 
 
Based on the foregoing, the motion for continuance is granted.  This case is removed from 
the Joint Criminal Jury Trial Docket which commences July 8, 2024, and is set for trial on the 
Joint Criminal Jury Trial Docket which commences January 6, 2025.  Pursuant to 18 U.S.C § 
3161(h), the time between the date of this Order and January 17, 2025, the last day of the January 
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6, 2025 Joint Criminal Jury Trial Docket, shall be excluded in computing the time within which 
this trial must commence. 
 
II. PRETRIAL FILINGS1  
 
 
A. 
PRETRIAL MOTIONS 
 
On or before August 12, 2024, the parties shall file any relevant pretrial motions.  
Any suggestions in opposition shall be filed within fourteen days from the date the 
motion is filed unless otherwise ordered by the Court.   For defendants who are 
represented by counsel, the Court will only accept pretrial filings made by counsel.  
Pro se filings will not be accepted for defendants who are represented by counsel. 
 
B. 
WITNESS LISTS 
 
The government and the defendant are directed to file in writing witness lists which 
shall include the name and address of each witness whom counsel intends to call in 
its case-in-chief, together with any record of prior felony convictions for such 
witness, no later than fourteen days prior to trial.  If a new witness is discovered 
after counsel files its witness list, either prior to trial or during trial, counsel shall 
promptly notify opposing defense and provide the discovery identified above. 
 
C. 
EXHIBIT LISTS 
 
The government and the defendant are directed to file in writing exhibit lists which 
shall include a description of each exhibit, pre-marked for identification, that 
counsel intends to offer in its case-in-chief no later than fourteen days prior to 
trial.  
 
D. 
MOTIONS IN LIMINE 
 
No later than fourteen days prior to trial, the parties should file any motions in 
limine seeking to exclude evidence from trial.  Any suggestions in opposition to the 
motions in limine should be filed within five days after the motion is filed. 
 
E. 
STIPULATIONS 
 
Any proposed stipulations should be provided in writing to opposing counsel and 
the Court no later than fourteen days before trial. 
 
III.  
ADDITIONAL DISCLOSURES BY THE GOVERNMENT 
 
A. 
RELEVANT OFFENSE CONDUCT 
 
1 For purposes of this Order, the reference to “trial” means the first day of the Joint Criminal Jury Trial Docket on 
which the case is set. 
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No later than fourteen days prior to trial or a change-of-plea hearing, the 
government is directed to disclose all information in its possession on which it will 
rely to establish “relevant offense conduct” or to establish an upward departure 
under the Federal Sentencing Guidelines. 
 
 
 
B. 
PRIOR CONVICTIONS 
 
No later than fourteen days prior to trial, the government is directed to provide 
a written list of the defendant’s prior felony convictions which the government 
intends to use for impeachment.  
 
C. 
RULE 404(b) EVIDENCE 
 
The government is directed to file written notice of all prior and subsequent acts 
and convictions intended to prove knowledge, intent or other elements identified in 
Rule 404(b) of the Federal Rules of Evidence no later than thirty days before 
trial. 
 
D. 
WITNESS INDUCEMENTS 
 
No later than fourteen days prior to trial, the government is directed to provide 
written disclosure of:  (a) the name(s) and address(es) of the witness(es) to whom 
the government has made a promise; (b) all promises or inducements made to any 
witness(es); (c) all agreements entered into with any witness(es); and (d) the 
amount of money or other remuneration given to any witness(es). 
 
E. 
INFORMANTS 
 
Unless the government has made a claim of privilege as to an informant, no later 
than thirty days prior to trial, the government is directed to provide:  (a) the 
name(s) and address(es) of the informant(s); (b) all promises or inducements to the 
informant(s); (c) all agreements entered into with the informant(s); (d) the amount 
of money or other remuneration given to the informant(s); (e) identification of the 
informant’s prior testimony; (f) evidence of psychiatric treatment; (g) evidence of 
the informant’s narcotic habit; and (h) the name, address and phone number for the 
lawyer(s) for the informant(s) if represented by counsel.  If an informant objects to 
the disclosure of his or her address, the government shall produce the informant to 
defense counsel for a determination of whether or not the informant will consent to 
an interview. 
 
F. 
GIGLIO IMPEACHMENT EVIDENCE 
 
No later than fourteen days prior to trial, the government is directed to disclose 
all evidence which may tend to adversely affect the credibility of any person called 
as a witness by the government pursuant to Giglio v. United States and United 
States v. Agurs, including the arrest and/or conviction record of each government 
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witness, any offers of immunity or lenience, whether made directly or indirectly, to 
any government witness in exchange for testimony and the amount of money or 
other remuneration given to any witness. 
 
PLEASE NOTE:  The parties are to be prepared to disclose to the Court at the 
final pretrial conference in this case the method used to determine whether any 
favorable evidence exists in the government’s investigative file.  The government 
is advised that if any portion of the government’s investigative file or that of any 
investigating agency is not made available to the defense for inspection, the Court 
will expect that trial counsel for the government or an attorney under trial 
counsel’s immediate supervision who is familiar with the Brady and Giglio 
doctrines will have reviewed the applicable files for purposes of ascertaining 
whether evidence favorable to the defense is contained in the file.  The Court 
considers such evidence to include evidence favorable to the accused which may 
have a bearing on guilt or punishment, and evidence which adversely affects the 
credibility of any important government witness. 
 
G. 
STATEMENTS PRESENTING BRUTON ISSUES 
 
Any statements of a co-defendant which the government intends to offer at trial and 
which present Bruton issues along with proposed redactions should be filed no 
later than thirty days prior to trial. 
 
IV. EXPERT TESTIMONY DISCLOSURES BY BOTH PARTIES 
 
A. 
RULE 16 EXPERTS 
 
1. 
No later than thirty days prior to trial, the government shall disclose to 
the defendant a written summary of testimony that the government intends 
to use under Rules 702, 703 or 705 of the Federal Rules of Evidence during 
its case-in-chief at trial.  The written summary should identify the witnesses, 
describe the witnesses’ opinions, the bases and the reasons for the opinions, 
and the witnesses’ qualifications. 
 
2. 
No later than fourteen days prior to trial, defendant shall disclose to the 
government a written summary of testimony that the defendant intends to 
use under Rules 702, 703 or 705 of the Federal Rules of Evidence as 
evidence at trial.  The written summary should identify the witnesses, 
describe the witnesses’ opinions, the bases and the reasons for the opinions, 
and the witnesses’ qualifications. 
 
B. 
MENTAL HEALTH EXPERTS/EVIDENCE 
 
1. 
On or before the date for filing pretrial motions, the parties must file any 
motion seeking to determine the defendant’s mental competency pursuant 
to 18 U.S.C. § 4241. 
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2. 
On or before the date set for filing pretrial motions, the defendant shall 
file a notice in writing which complies with the requirements of Rule 12.2 
of the Federal Rules of Criminal Procedure stating: 
 
a. 
Whether the defendant intends to rely upon the defense of insanity 
at the time of the alleged offense; and 
 
b. 
Whether the defendant intends to introduce expert testimony 
relating to a mental disease or defect or any other mental condition 
of the defendant bearing upon the issue of guilt. 
 
3. 
If the defendant gives notice under Rule 12.2(b) of an intent to present 
expert testimony on the defendant’s mental condition, within two weeks of 
giving notice under Rule 12.2, the defendant shall identify the experts and 
provide a summary of the witnesses’ opinions, the bases and reasons for 
those opinions and the witnesses’ qualifications. At the same time the 
defendant identifies the experts and provides a summary of the witnesses’ 
opinions, the defendant shall notify the Magistrate Judge to whom the case 
is assigned that these disclosures have been made and request that the Court 
set a conference to establish additional deadlines. 
 
V. 
WITNESS ADDRESSES 
 
In lieu of providing the address of any witness required by this Order, counsel for the 
government or defendant may produce the witness for interview by opposing counsel. 
VI. 
JENCKS ACT MATERIAL 
 
Counsel for the government and defendant agreed to voluntarily provide Jencks Act 
material at least fourteen days prior to trial. 
 
 
 
VII. 
 PRETRIAL CONFERENCE 
 
A pretrial conference is set for Tuesday, December 17, 2024, with Judge Counts, at 
9:00am in Courtroom 6E. The time of the hearing WILL change. The final notice of hearing will 
be filed on or before the Friday prior to the conference date. At the pretrial conference, the parties 
should be prepared to discuss the following issues: 
A. 
Anticipated questions of admissibility of evidence; 
 
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B. 
Any other questions of law on which the parties desire pretrial rulings; 
 
C. 
Facts or circumstances requiring a larger than normal jury panel (more than 45); 
 
D. 
Pending motions; 
 
E. 
Estimated trial time; 
 
F. 
Discovery problems; 
 
G. 
Possible stipulations (counsel should have proposed stipulations available for 
review and signature by the parties at the conference); 
 
H. 
Number of exhibits to be offered at trial; 
 
 
 I. 
Number of witnesses to be called at trial;  
 
 
 J. 
Any objections to the anticipated witnesses or exhibits; and 
 
 K. 
Changes of plea or potential dismissal of any of the charges. 
 
VIII. CERTIFICATION OF COMPLIANCE 
 
During the pretrial conference, counsel for the government and for each defendant will 
be required to certify on the record that counsel has produced all discovery in accordance with the 
deadlines established in the Arraignment and Discovery Order and has timely complied with all 
pretrial filing deadlines established by the Scheduling and Trial Order up to the date of the pretrial 
conference. 
 
IX. 
re: BRADY OBLIGATION 
Due Process Protections Act, Pub. L. No. 116-182 (October 21, 2020) 
 
Pursuant to the Due Process Protections Act, the Court confirms the United States’ 
obligation to disclose to the defendant all exculpatory evidence- that is, evidence that favors the 
defendant or casts doubt on the United States’ case, as required by Brady v. Maryland, 373 U.S. 
83 (1963) and its progeny, and ORDERS the United States to do so. Failure to disclose exculpatory 
evidence in a timely manner may result in consequences, including, but not limited to, exclusion 
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of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary 
action, or sanctions by the Court. 
 
 
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IT IS SO ORDERED. 
 
 
 
 
 
 
 
 
 
 
 
 
 /s/ Lajuana M. Counts                   
 
 
 
 
 
 
 
 
 
LAJUANA M. COUNTS 
UNITED STATES MAGISTRATE JUDGE  
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