Information — United States v. Tracy D. Wade (Dkt. 142, S.D. Fla. No. 0:23-cr-60173)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 142 · 2024-09-04 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
Case No. 23-cr-60173-CR-WILLIAMS 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
 
 
 
 
 
v. 
 
 
 
 
 
 
 
 
 
 
 
CAROLYN DENISE WADE, and 
TRACY D. WADE,   
 
 
 
 
 
 
 
Defendants. 
____________________________/ 
ORDER 
 
THIS CAUSE is before the Court following an order of reference [DE 129] by Senior 
United States District Judge Donald L. Graham regarding the Government’s ore tenus motion 
[DE 113] for a Garcia hearing.   
On July 15, 2024, I conducted a Garcia hearing, pursuant to Federal Rule of Criminal 
Procedure 44(c), in light of the stated intention for Daryl Elliott Wilcox and Johnny Leonard 
McCray, Jr. to jointly represent both Defendants.  Following that hearing, I issued an order 
finding that both Defendants had knowingly, intelligently, and voluntarily waived their rights to 
conflict-free counsel and that Mr. Wilcox and Mr. McCray could continue to represent both 
Defendants.   [DE 116].  Following the July 15 hearing, but before my order finding a knowing, 
intelligent, and voluntary waiver, the Government filed a memorandum identifying particular 
circumstances creating potential conflicts of interest arising from joint representation, based on 
Mr. Wade’s previous testimony and other evidence the Government intends to present at trial.   
Subsequently, the Court re-referred the Government’s motion for a Garcia hearing to me to 
ensure that the Defendants are aware of the facts and arguments made in the Government’s 
AT
Sep 4, 2024
FTL
Case 0:23-cr-60173-KMW   Document 142   Entered on FLSD Docket 09/04/2024   Page 1 of 3

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memorandum and that they have considered that information in deciding whether to waive their 
right to conflict-free counsel. 
Accordingly, on September 4, 2024, I conducted a further hearing.  At that hearing, each 
of the Defendants acknowledged, under oath, that they had read and understood the 
Government’s memorandum [DE 108] and the excerpts from Mr. Wade’s previous testimony 
attached thereto.  [DE 108-1].  Each Defendant acknowledged that they understood the potential 
conflicts the Government had identified and that they had discussed those issues with their 
counsel.  At the hearing, the Government further summarized the potential conflicts it had 
identified.  Each Defendant acknowledged that they had heard and understood the Government’s 
explanation of these potential conflicts.   
Each Defendant acknowledged that they have the right to an attorney that represents only 
him or her and that the Court could appoint a separate attorney if they could not afford one.  
Each Defendant also acknowledged that the Court could appoint an attorney for them to consult 
regarding the decision of whether to waive the conflicts that could arise from joint 
representation.  Both Defendants declined the opportunity to consult with separate, appointed 
counsel.  Both Defendants denied having any further questions about potential conflicts of 
interest and denied needing any further time to consider whether to waive those potential 
conflicts.  Each Defendant then affirmed that they wanted to proceed with Mr. McCray and Mr. 
Wilcox as their counsel, even knowing that those attorneys will also represent the other 
Defendant and that that joint representation may cause conflicts of interest. 
Based on the Defendants’ statements at the hearings on July 15 and September 4, 2024, I 
find that both Carolyn Denise Wade and Tracy D. Wade have knowingly, intelligently, and 
voluntarily waived their right to a conflict-free attorney.  It is therefore 
Case 0:23-cr-60173-KMW   Document 142   Entered on FLSD Docket 09/04/2024   Page 2 of 3

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ORDERED AND ADJUDGED that Attorneys Daryl Elliott Wilcox and Johnny 
Leonard McCray, Jr. will be permitted to represent Defendant Tracy D. Wade and Defendant 
Carolyn Denise Wade in this matter.   
 
DONE and ORDERED in Chambers at Fort Lauderdale, Florida, this 4th day of 
September, 2024. 
 
 
 
 
 
 
 
 
 
__________________________________ 
 
 
 
 
 
 
JARED M. STRAUSS  
 
 
 
 
 
 
UNITED STATES MAGISTRATE JUDGE 
 
 
Case 0:23-cr-60173-KMW   Document 142   Entered on FLSD Docket 09/04/2024   Page 3 of 3

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