Letter from Sayler A. Fleming to Counsel, July 6, 2023 — United States v. Alexander (Dkt. 14, E.D. Mo.)

Summary

In this letter dated July 6, 2023, filed as Doc. 14 in United States v. Direll Alexander, No. 4:23-cr-00316-JAR-RHH (E.D. Mo.), Assistant U.S. Attorney Christine H. Krug writes to defense counsel Terence Niehoff for U.S. Attorney Sayler A. Fleming. It states that discovery numbered GOV00001-GOV0098 was provided via USAfx on July 6, 2023, including St. Louis City Justice Center video surveillance, FBI 302s, Justice Center documents, victim injury photographs and a recorded interview. The government states that it did not use consensual audio or video surveillance or a confidential informant, and that it does not have favorable evidence at present. It will make Jencks material available no later than the Friday preceding trial. Under Rules 16, 26.2 and 12.1 it asks the defense for reciprocal discovery, defense witness statements and notice of any alibi defense.

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Case: 4:23-cr-00316-JAR-RHH Doc. #: 14 Filed: 07/07/23 Page: 1 of 3 PageID #: 24

                                             U.S. Department of Justice

                                             United States Attorney
                                             Eastern District of Missouri

                                             Criminal Division

    Christine H. Krug                      Thomas Eagleton U.S. Courthouse      OFFICE: 314-539-2200
    Assistant United States Attorney       111 S. 10th Street, Rm. 20.333       DIRECT: 314-539-7663
                                           St. Louis, MO 63102                       FAX: 314-539-3887
                                                                              Christine.Krug@usdoj.gov

                                                July 6, 2023
Terence Niehoff
Attorney at Law
818 Lafayette
St. Louis, Missouri 63104

                  RE:     United States v. Direll Alexander
                          Case Number: 4:23CR0316 (JAR/RHH)

Dear Counsel:

        As you are aware, your client was indicted by a federal grand jury. In order to assist you in
the determination of any relevant pre-trial motions to be filed in this case, please be aware of the
following information:

       1.     DISCOVERY – I have provided the following items to you via USAfx on July 6,
2023 (GOV00001-GOV0098). Please let me know as soon as possible whether you have difficulty
accessing any of the evidence listed below.

              •   St. Louis City Justice Center Video Surveillance
              •   FBI 302s
              •   St. Louis City Justice Center Documents
              •   Victim Injury Photographs
              •   O.R. Recorded Interview

       2.     ELECTRONIC SURVEILLANCE - The Government did not utilize consensual
audio and video surveillance in the investigation underlying the charges set forth in the indictment.

       3.      CONFIDENTIAL INFORMANTS - The Government did not utilize a confidential
informant in the course of the investigation of this matter.

        4.      JENCKS MATERIAL - The Government will make all JENCKS material available,
to the extent any exists, no later than the Friday preceding trial, conditioned upon the defendant's
agreement to make available statements of defendant's witnesses at the same time.

Case: 4:23-cr-00316-JAR-RHH Doc. #: 14 Filed: 07/07/23 Page: 2 of 3 PageID #: 25

July 6, 2023
Page 2


        5.      GRAND JURY TRANSCRIPTS - The Government agrees to produce all Grand
Jury transcripts to the extent they constitute JENCKS material and make them available for
inspection.

         6.      OTHER CRIMES EVIDENCE - The Government agrees to advise the defendant of
its intention to use evidence of other crimes during its case-in-chief. The government agrees to
make this disclosure prior to the trial of this cause.

        7.      STATEMENTS OF DEFENDANT - The Government agrees to furnish any and all
statement(s) of the defendant if and when its existence becomes known to the Government. At the
present time, the Government has provided statements of the defendant in the form of his written
report within the Justice Center Documents and his interview with the FBI in the form of a 302.

        8.      IDENTIFICATION OF DEFENDANT - The Government is unaware of post-arrest
identification of the defendant.

       9.     PHYSICAL EVIDENCE - The Government does not possess items of physical
evidence seized from the defendant or his property at the time of his arrest.

        10.     FAVORABLE EVIDENCE - The Government agrees to furnish any and all
favorable evidence to the defendant if and when its existence becomes known to the Government.
At the present time, the Government does not have favorable evidence.

        If you need any further specific information regarding the above matters, or any other
matters which will prevent the filing and litigation of any unnecessary pretrial motions, please do
not hesitate to call me.

       In order to avoid the need of filing motions pursuant to Rules 16 and 26, the Government
makes the following requests:

        Pursuant to Rule 16(b)(1)(A), (B) and (C), Federal Rules of Criminal Procedure, the United
States hereby requests that:

                A. The defendant provide the United States, or permit the United States to inspect
and copy or photograph books, papers, documents, photographs, tangible objects, or copies thereof,
which are within the possession, custody or control of the defendant and which the defendant
intends to introduce as evidence in chief at trial.

                 B. The defendant provide the United States, or permit the United States to inspect
and copy or photograph any results or reports of physical or mental examinations and of scientific
tests or experiments made in connection with the particular case, or copies thereof, within the
possession or control of the defendant, which the defendant intends to introduce as evidence in
chief at the trial or which were prepared by a witness whom the defendant intends to call at the trial
when the results or reports relate to his testimony.

               C. The defendant provide the United States a written summary of the testimony that
the defendant intends to use under Rules 702, 703, or 705, Federal Rules of Evidence, as evidence

Case: 4:23-cr-00316-JAR-RHH Doc. #: 14 Filed: 07/07/23 Page: 3 of 3 PageID #: 26

July 6, 2023
Page 3


in trial, which includes a description of the witnesses' opinions, the bases and reasons for those
opinions, and the witnesses' qualifications.

        Further, pursuant to the provisions of Rule 26.2 the Government requests the defendant and
his attorney to provide to the Government any statements of defense witnesses that are in their
possession and that relate to the subject matter concerning which the witnesses have testified.

        Pursuant to Rule 12.1, the Government requests that the defendant notify the government of
any intended alibi defense; specifically, that the defendant was not present at the time, date and
place of the offenses listed in the indictment.

      The Government requests a response prior to the hearing date on the motions to establish
whether it needs to file its request for a court order to enforce compliance.

       I thank you in advance for your anticipated cooperation.

                                              Very truly yours,

                                              SAYLER A. FLEMING
                                              United States Attorney

                                              s/Christine H. Krug
                                              CHRISTINE H. KRUG
                                              Assistant United States Attorney



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