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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
M8BCmarC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------x
UNITED STATES OF AMERICA,
v. 22 Cr. 251 (LJL)
RAFAEL MARTINEZ,
Defendant.
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New York, N.Y.
August 11, 2022
3:00 p.m.
Before:
HON. LEWIS J. LIMAN,
District Judge
APPEARANCES
DAMIAN WILLIAMS,
United States Attorney for the
Southern District of New York
BY: OLGA ZVEROVICH
Assistant United States Attorney
MORVILLO ABRAMOWITZ GRAND IASON & ANELLO PC
Attorneys for Defendant
BY: ELKAN ABRAMOWITZ
TELEMACHUS P. KASULIS
-and-
WILLKIE FARR & GALLAGHER LLP
BY: RANDALL W. JACKSON
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
M8BCmarC
(Case called)
MS. ZVEROVICH: Good afternoon, your Honor. Olga
Zverovich for the United States.
THE COURT: Good afternoon.
MR. KASULIS: Good afternoon, your Honor. Tim
Kasulis, Elkan Abramowitz, and Randall Jackson for Mr. Rafael
Martinez.
THE COURT: We're on for a status conference. So let
me hear from the government the status of the case. Have you
completed discovery and where do things stand?
MS. ZVEROVICH: Your Honor, yes. The government has
completed discovery at this time and produced it to defense
counsel. To the extent there are any additional discovery
materials that we receive on a rolling basis going forward, we
will be producing those materials to the defendant as we
receive them.
We have conferred with defense counsel and I believe
the parties are prepared to set a further schedule in this case
subject to the Court's views.
THE COURT: Do you want to present it to me and then
I'll speak to defense counsel?
MS. ZVEROVICH: Yes, your Honor. What we discussed,
we believe, subject to the Court's schedule, a trial date
sometime in May of 2023 would work for both sides. I believe
that defense counsel has a proposal in terms of the motion
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
M8BCmarC
schedule working off of that trial date.
THE COURT: I'll hear from them. I take it you're
familiar with what they're going to propose to me?
MS. ZVEROVICH: I am actually not, your Honor. I
believe up until a few moments ago, they were discussing the
various scheduling issues that various defense counsel have, so
I actually do not know what they specifically intend to
propose.
THE COURT: Refresh me, how long do you expect the
trial to last?
MS. ZVEROVICH: Your Honor, I am actually -- I
apologize to the Court. I'm filling in for my colleague. I
actually do not have an estimated length at this time. I
apologize.
THE COURT: Who am I going to hear from on the defense
side?
MR. KASULIS: It's me, your Honor, Tim Kasulis.
Ms. Zverovich is correct. We have received discovery, it is
voluminous. So what I would propose, your Honor, is a trial
date in May, if that fits the Court's calendar or thereabouts,
and a motion schedule sufficiently far in the future from today
to give us time to be able to review all that voluminous
discovery and make intelligent motions for the Court's
consideration. I would suggest our motions due in December, if
that works for your Honor.
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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THE COURT: My recollection is that this is not a case
in which there were search warrants or postarrest statements or
anything of the like. What type of motions do you contemplate?
MR. KASULIS: Your Honor, one of the things we have to
consider is whether there is any suppressible material. Your
Honor is correct that there is no postarrest statement. There
may be other bases to attack the government's evidence. There
is certainly no opportunity for severance here, that's not an
issue. We really do have to dig into the government's Rule 16
production to be sure about any real motions we can make, your
Honor.
To a certain extent, Judge, our schedules have been
compromised because I just finished a trial, and Mr. Jackson
and Mr. Schachter have a trial about to begin. So, really,
that's why we need that extra time, to make sure that we're
safeguarding Mr. Martinez's rights in the motion phase.
THE COURT: Can you refresh me, Mr. Kasulis, last time
we were here, what did the government estimate was the length
of the trial?
MR. KASULIS: May I just confer with my colleague,
your Honor.
(Pause)
Your Honor, Mr. Jackson's recollection corresponds to
my own, about two weeks is what we recall and we think that's
about right.
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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THE COURT: Give me a moment to confer with my deputy.
MR. KASULIS: Yes, your Honor.
(Pause)
THE COURT: Okay. Let me tell you what I have in mind
and then see if it works first for the government and then for
the defense.
I'm prepared to try this case on May 1. I'm also
prepared to receive motions on December 2nd with opposition
briefs filed on December 23rd and replies on January 6th. We
would then do a motions hearing sometime in mid January.
Based off of a May 1 trial date, I'm going to need
requests to charge and proposed voir dire and any motions in
limine by April 7th, oppositions to the motions in limine and
responses to the requests to charge and proposed voir dire on
the 14th of April, and any replies on the motions in limine — I
would hope there would not be a need for them — on April 18th,
with a pretrial conference to be held sometime probably late
the week of April 22nd.
Does that work for the government, those dates?
MS. ZVEROVICH: That schedule works for the
government. Thank you, your Honor.
THE COURT: Mr. Kasulis, what about on your end?
MR. KASULIS: That's fine with us, your Honor.
THE COURT: Let me give you some dates for the motion
hearing mid January of 2023 and for the final pretrial
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conference the week of April 22nd. The motion hearing will be
January 19th at 11:00 a.m., final pretrial will be April 25th
at 2:00 p.m. Let me just look at one other thing. Does the
government have a view as to whether it intends to present any
kind of expert testimony?
MS. ZVEROVICH: Your Honor, I'm not aware of that
right now. If that changes, we will let defense counsel and
the Court know.
THE COURT: What about on the defense side?
MR. KASULIS: We're not sure yet, your Honor. To the
extent the Court wishes to set an expert disclosure deadline,
that might make sense just from an abundance of caution.
THE COURT: That's the reason why I asked that
question. Mr. Kasulis, do you have a proposal for me to
consider?
MR. KASULIS: Just a moment, if you would, your Honor.
(Pause)
Your Honor, after conferring here, it probably makes
sense to put it between these two busy windows that we have.
So perhaps March 1st.
THE COURT: That would be for each side to disclose
the experts they intend to present at trial.
The government's view on that?
MS. ZVEROVICH: That's fine with the government, your
Honor.
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
M8BCmarC
THE COURT: So March 1st the will be the deadline for
each side to propose any experts, and then if there are Daubert
motions with respect to the expert, I can receive them at the
same time as the motions in limine. I don't think there is a
need to get Daubert issues resolved before then. Do you,
Mr. Kasulis?
MR. KASULIS: That's fine, your Honor.
THE COURT: Does the government?
MS. ZVEROVICH: That's fine with the government, your
Honor.
THE COURT: Besides the Speedy Trial Act, is there
anything else to address from the government's perspective?
MS. ZVEROVICH: No, your Honor.
THE COURT: What about from the defense perspective?
MR. KASULIS: No, your Honor. Thank you.
THE COURT: Is there an application of the Speedy
Trial Act?
MS. ZVEROVICH: Yes, your Honor. The government moves
to exclude time under the Speedy Trial Act through January 19th
of 2023 in the interests of justice. That time will enable
defense counsel to continue reviewing discovery and the parties
to prepare and brief any appropriate motions for the Court.
THE COURT: Let me ask first you and then I'll ask the
defense whether there's any reason why I shouldn't exclude time
all the way up until the date of trial. If the defense is the
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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one asking for a trial on May 1 and feels like they need that
given their trial schedules and the voluminous discovery, it
seems to me there would be a basis for an exclusion of time.
MS. ZVEROVICH: We agree, your Honor. We would move
to exclude time through the trial date.
MR. KASULIS: We have no objection, your Honor.
THE COURT: Then the Court will exclude time from
today until May 1, 2023 under the Speedy Trial Act, 18 U.S.C.
3161(h)(7)(A). As previously indicated, I find that the ends
of justice outweigh the interests of the defendant and the
public in a speedy trial in that the discovery in this case is
voluminous and counsel needs time to go through the discovery
to prepare for trial, to discuss any kind of pretrial
dispositions, to consider motions to make, experts to retain,
and to consult with the clients. Is there anything further
from the government's perspective?
MS. ZVEROVICH: No, your Honor. Thank you.
THE COURT: Anything further from the defense
perspective?
MR. KASULIS: No, your Honor. Thank you.
THE COURT: Good afternoon, everybody. If there is a
need for the Court to pay attention to this case or for there
to be a hearing anytime before January of 2023, I assume you'll
all write. Thanks.
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