Pretrial Order — United States v. Jaemer Smith and Dartwon Brooks (W.D.N.Y., Dkt. 49, December 2, 2022)

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A Pretrial Order dated December 2, 2022 in United States v. Jaemer Smith and Dartwon Brooks, Case 1:22-cr-00119-JLS-MJR, Document 49, in the U.S. District Court for the Western District of New York, addressing motions in limine at the final pretrial conference. The Court granted the Government's unopposed motion to offer Facebook and social media records, subject to authentication and granted in part the Government's motion about Defendant Smith's prior dealings with Diamond Allen. It placed Defendant Smith's motion about prior youthful offender adjudications in abeyance and denied the motion to exclude the Government's case agent from counsel table. The sequestration order excepts Federal Bureau of Investigation Special Agent Christopher Dailey and the Defendants.

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Case 1:22-cr-00119-JLS-MJR Document 49 Filed 12/02/22 Page 1 of 3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,
v. 22-CR-119 (JLS) (MJR)

JAEMER SMITH,
DARTWON BROOKS,

Defendants.

PRETRIAL ORDER

At the December 2, 2022 final pretrial conference, the Court addressed
pending motions in limine, among other things. The Court heard argument, as
necessary, and issued the following rulings, for the reasons below and as stated
more fully on the record:

e Government’s notice and motion in limine to offer Facebook and

social media records (Dkt. 44).

The Court granted the Government’s unopposed motion, subject to the

Government’s ability to authenticate and attribute authorship of the relevant

social media accounts and records.

¢« Government’s notice and motion to introduce inextricably
intertwined and/or FRE 404(b) evidence related to Defendant Smith’s
prior dealings with Diamond Allen (Dkt. 44).

As for the first category of evidence identified, the Court granted the
Case 1:22-cr-00119-JLS-MJR Document 49 Filed 12/02/22 Page 2 of 3

Government’s motion in part under Rule 404(b) insofar as the Government
wishes to introduce Facebook records and other evidence to show the close
relationship between Defendant Smith and Allen, subject to Rule 403
balancing. However, at the final pretrial conference the Court did not
address the portion of the motion relating to references to the Only the Circle
(“OTC”) gang. The Court holds in abeyance this portion of the motion and

will hear arguments from counsel on this issue at the final status conference.

As for the second category of evidence identified, the Court granted the
motion as to the statement to the effect that Allen “had dirt” on Defendant
Smith. The Court otherwise denied the motion as to the search warrant
execution in November 2018 in Olean, NY and references to drug dealing
concerning Defendant Smith and Allen—the Court concluded such evidence

could be admitted under Rule 404(b) but is not admissible under Rule 403.

Defendant Smith’s motion to preclude the Government from cross-
examining Defendant Smith based on his prior youthful offender
adjudications (Dkt. 30).

The Court held the motion in abeyance and will address the issue at trial,

if it arises.
Case 1:22-cr-00119-JLS-MJR Document 49 Filed 12/02/22 Page 3 of 3

e Defendant Smith’s motion to exclude the Government’s case agent
from sitting at counsel table (Dkt. 30).

The Court denied the motion.

SEQUESTRATION ORDER

The Government asked the Court to sequester all witnesses, except for
Federal Bureau of Investigation Special Agent Christopher Dailey (Dkt. 41). The
Court granted that request, consistent with Federal Rule of Evidence 615. The
Court further excepts Defendants from this sequestration order. See Fed. R. Evid.
615(a).

The Court also: (1) prohibits disclosure of trial testimony to witnesses who
are excluded from the courtroom pursuant to this order; and (2) prohibits excluded

witnesses from accessing trial testimony.

SO ORDERED.

Dated: December 2, 2022
Buffalo, New York

JOHN L. SINATRA, JR. -_
UNITED STATES DISTRICT JUDGE

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