Defendant's Motion for Severance and Separate Trial (Asad Mohaamed Abshir) — United States v. Bock et al. (Feeding Our Future) (Dkt. 187, D. Minn.)

Summary

A Defendant's Motion for Severance and Separate Trial, Doc. 187, filed 12/15/23 in Case 0:22-cr-00223-NEB-TNL, United States of America v. Asad Mohaamed Abshir, Criminal No. CN. 22-223 (11) (NEB/TNL), in the U.S. District Court for the District of Minnesota. Through attorney Douglas Olson, Abshir moves under Rules 8 and 14 of the Federal Rules of Criminal Procedure for a severance and separate trial, and states that the motion is made now to preserve the issue. He lists grounds including improper joinder with other defendants, difficulty distinguishing his alleged acts from those of co-defendants, prejudicial evidence against others, confrontation problems with co-defendant statements, and possible exculpatory testimony available only in a separate trial. It states that no oral argument is requested and is dated December 15, 2023.

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        CASE 0:22-cr-00223-NEB-TNL Doc. 187 Filed 12/15/23 Page 1 of 2




                         UNITED STATES DISTRICT COURT
                            DISTRICT OF MINNESOTA

UNITED STATES OF AMERICA,                 )    Criminal No. CN. 22-223 (11) (NEB/TNL)
                                          )
                   Plaintiff,             )
                                          )    DEFENDANT’S MOTION FOR
v.                                        )    SEVERANCE AND SEPARATE
                                          )    TRIAL
ASAD MOHAAMED ABSHIR,                     )
                                          )
                      Defendant.          )


       Defendant Asad Abshir, by and through his attorney, Douglas Olson, hereby

moves the Court pursuant to Rules 8 and 14 of the Federal Rules of Criminal Procedure

for an order directing a severance and separate trial for Mr. Abshir. This motion is made

at this time to preserve the issue; counsel acknowledges that the motion and its various

grounds are in the incubation stage as the case develops. However, in order to avoid

waiver and preserve the issue, as well as highlight counsel’s severance concerns, counsel

is filing the motion at this time and suggests that there are numerous grounds for a

severance and separate trial for Mr. Abshir including: 1) he is not properly joined for trial

with several of the other defendants on various counts under Rule 8(b) of the Federal

Rules of Criminal Procedure; 2) that the jury will have insurmountable difficulty

distinguishing the alleged acts of Mr. Abshir from the alleged acts of his co-defendants

(i.e., the compartmentalizing evidence problem); 3) much prejudicial evidence will be

introduced as to other co-defendants which would be inadmissible against Mr. Abshir in a

separate trial; 4) the specter of Bruton and confrontation problems concerning co-
        CASE 0:22-cr-00223-NEB-TNL Doc. 187 Filed 12/15/23 Page 2 of 2




defendant statements; and 5) it is possible that there exists exculpatory testimony which

would be available in a separate trial, which would not be available in a joint trial. This

list is certainly not exclusive, but the concerns are valid; the complexity of this case

suggests that Mr. Abshir will have a difficult time having a fair trial and fair individual

consideration if joined together with his dozen or more co-defendants. In short, a joint

trial with all the other co-defendants in this case would be prejudicial to Mr. Abshir, and,

as such, he requests that he be tried alone.

       No oral argument or hearing is requested on this motion and the parties have agreed

that the court may consider this motion on the pleadings.


Dated: December 15, 2023                           Respectfully submitted,




                                                   DOUGLAS OLSON
                                                   Attorney ID No. 169067
                                                   Attorney for Defendant
                                                   331 Second Ave. South, Suite 705
                                                   Minneapolis, MN 55401
                                                   612-868-5884
                                                   dougolsonlaw@gmail.com




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