Court filing
Information - United States v. Tracy and Carolyn Wade
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-11-03 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 13 · 2023-11-03 · Docket on CourtListener
Full text
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
CASE NO. 23-60173-CR-WILLIAMS
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE,
Defendant.
________________________________________/
GOVERNMENT’S RESPONSE TO THE STANDING DISCOVERY ORDER
The United States hereby files this response to the Standing Discovery Order entered on
October 19, 2023, as to Defendant Carolyn Wade (“Defendant”) (D.E. 11). This response also
complies with Local Rule 88.10 and Federal Rule of Criminal Procedure 16.
A.
1.
The government has produced or otherwise made available to Defendant for
inspection and copying any written statements made by Defendant.
2.
The government has produced or otherwise made available to Defendant for
inspection and copying any relevant oral statements made by Defendant
before or after arrest in response to interrogation by any person then known
to Defendant to be a government agent that the government intends to use
at trial.
3.
No Defendant testified before the Grand Jury.
4.
The government has produced a copy of Defendant’s criminal history.
5.
To the extent not already produced to Defendant, any books, papers,
documents, data, photographs, tangible objects, buildings or places, within
the government’s possession, custody or control, which are material to the
preparation of Defendant’s defense, or which the government intends to use
as evidence at trial to prove its case in chief, or which were obtained from
or belong to Defendant, may be inspected at a mutually convenient time at:
the Office of the United States Attorney, 500 E. Broward Blvd, Fort
Lauderdale, Florida, Suite 700. Please call the undersigned Assistant U.S.
Attorney to set up a date and time that is convenient to both parties.
The materials already produced and/or made available to Defendant
Case 0:23-cr-60173-KMW Document 13 Entered on FLSD Docket 11/03/2023 Page 1 of 4
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pursuant to this discovery response are not necessarily copies of all the
books, papers, documents, data, etc., that the government may intend to
introduce at trial.
6.
There were no physical or mental examinations nor scientific tests or
experiments made in connection with this case.
B.
DEMAND FOR RECIPROCAL DISCOVERY: Pursuant to the Standing
Discovery Order, the United States requests the disclosure and production
of materials listed in Section (b) of Local Rule 88.10. This request is also
made pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure.
C.
The government will disclose any information or material which may be
favorable on the issues of guilt or punishment within the scope of Brady v.
Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97
(1976).
D.
The government will disclose any payments, promises of immunity,
leniency, preferential treatment, or other inducements made to prospective
government witnesses, within the scope of Giglio v. United States, 405 U.S.
150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959).
E.
The government will disclose any prior convictions of any alleged co-
conspirator, accomplice or informant who will testify for the government at
trial.
F.
No Defendant was identified in a lineup, show up, photo array or similar
identification proceedings.
G.
The government has advised its agents and officers involved in this case to
preserve all rough notes.
H.
The government will timely advise Defendant of its intent, if any, to
introduce at trial extrinsic act evidence pursuant to F.R.E. 404(b). Pursuant
to Local Rule 88.10, the notice will be provided regardless of whether the
evidence may be used in the case-in-chief, for impeachment or possible
rebuttal, and will include the general nature of the evidence.
You are hereby on notice that all evidence made available to you for
inspection, as well as all statements disclosed herein or in any future
discovery letter, may be offered in the trial of this cause, under F.R.E.
404(b) or otherwise (including the inextricably-intertwined doctrine).
Case 0:23-cr-60173-KMW Document 13 Entered on FLSD Docket 11/03/2023 Page 2 of 4
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I.
Defendant is not an aggrieved person, as defined in Title 18, United States
Code, Section 2510(11), of any relevant electronic surveillance that was
authorized pursuant to 18 U.S.C. §2516 and 18 U.S.C §2518 and that has
been unsealed in accordance with 18 U.S.C §2518.
J.
The government has ordered transcribed the Grand Jury testimony of all
witnesses who will testify for the government at the trial of this cause.
K.
The government will, upon request, delivery to any chemist selected by the
defense, who is presently registered with the Attorney General in
compliance with 21 U.S.C. §§ 822 and 823, and 21 C.F.R. § 101.22(8), a
sufficient representative sample of any alleged contraband which is the
subject of this indictment, to allow independent chemical analysis of such
sample.
L.
The government does not know of any automobile, vessel, or aircraft
allegedly used in the commission of this offense that is in the government's
possession.
M.
The government is not aware of any latent fingerprints or palm prints which
have been identified by a government expert as those of Defendant.
N.
The government will make every possible effort in good faith to stipulate to
all facts or points of law the truth and existence of which is not contested
and the early resolution of which will expedite trial. These stipulations will
be discussed at the discovery conference.
The United States produced the discovery referenced above to Defendant, through her
counsel of record, on November 3, 2023. The discovery was produced via USAFx containing
records in PDF format Bates stamped “23-60173-CR_000001” though “23-60173-CR_002820”
and additional non-Bates stamped records in other formats.
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The government is aware of its continuing duty to disclose such newly discovered
additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules
of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial.
In addition to the request made above by the government pursuant to the Standing
Discovery Order, Local Rule 88.10(b), and Rule 16(b) of the Federal Rules of Criminal Procedure,
in accordance with Rule 12.1 of the Federal Rules of Criminal Procedure, the government hereby
demands Notice of Alibi defense; the approximate time, date, and place of the offense was:
Time: See Indictment
Date: See Indictment
Place: See Indictment
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
By: /s/ David A. Snider
David A. Snider
Assistant United States Attorney
Court ID No. A5502260
500 E. Broward Blvd
Fort Lauderdale, FL 33394
Tel: (954) 660-5696
Fax: (954) 356-7336
Email: david.snider@usdoj.gov
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