Home/Source documents/Court filing — United States v. Farah (Dkt. 246, D. Minn.)
Court filing — United States v. Farah (Dkt. 246, D. Minn.)
Full text
CASE 0:22-cr-00124-NEB-TNL Doc. 246 Filed 05/04/23 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Criminal No. 22-CR-124 (NEB/TNL)
__________________________________________________________________
United States of America,
MOTION FOR DISCLOSURE OF
Plaintiff, CONFIDENTIAL INFORMANT
v.
Abdiwahab Maalim Aftin,
Defendant.
__________________________________________________________________
The defendant, Abdiwahab Maalim Aftin, by and through his attorney,
Andrew S. Garvis, moves the Court for an Order directing the Government to
disclose the identity of any confidential informants, reporting persons, or
witnesses pursuant to Fed. R. Crim. P. 16, United States v. Giglio, 92 S. Ct. 763
(1972), Brady v. Maryland, 373 U.S. 83 (1963) and Napu v. Illinois,79 S.Ct. 1173
(1959), Abdiwahab Maalim Aftin respectfully requests the court to order the
government to disclose the following information:
1. The names of any and all reporting persons, informants, or witnesses
providing information to law enforcement regarding this case. See
Roviaro v. United States, 77 S.Ct. 623 (1957) (where informant’s
testimony is “relevant and helpful to the defense of an accused” his
identity must be disclosed);
1
CASE 0:22-cr-00124-NEB-TNL Doc. 246 Filed 05/04/23 Page 2 of 3
2. Any and all promises of payment written or oral made to such
persons as part of this or any other case in which they have provided information;
3. All promises of any other benefit written or oral made to such
persons;
4. All promises of immunity, leniency, preferential treatment or other
inducements made to such persons as part of this case or any other case in which
they have provided information;
5. All writings or memoranda which contain any of the promises of
remuneration, leniency, immunity, preferential treatment or other inducements
made;
6. Any record of payment of local, state or federal funds made to such
persons;
7. All information regarding any such person’s prior testimony in this
or any other proceeding in which they have acted as a witness and/or informant.
Johnson v. Brewer, 521 F. 2d 556 (8th Cir. 1983);
8. All evidence of the such person’s psychiatric treatment, if any, or of
any addiction or propensity to use or abuse controlled substances. United States
v. Lindstrom, 698 F. 2d 1154 (11th Cir. 1983); United States v. Fowler, 465 F. 2d
664 (D.C. Cir. 1972).
Disclosure of the confidential reliable informants is relevant and helpful to
the defense, is fundamental to the defendant’s assertion of his constitutional rights,
including the right to due process of law, and is essential to the defendant’s ability
2
CASE 0:22-cr-00124-NEB-TNL Doc. 246 Filed 05/04/23 Page 3 of 3
to receive a fair trial. The Standard for disclosure relies on whether disclosure
would be material to the case. See, United States vs. Crenshaw, 359 F.3d 977,
1005 (8th Cir. 2004); United States vs. Roberson, 439 F.3d 940 (8th Cir. 2006).
The Government’s case relied on confidential informants in bringing search
warrants that led to the indictment. This motion is based upon the indictment, the
records and files in the above-entitled action and any and all other matters which
may be presented prior to or at the time of hearing of said motion.
Dated: May 4, 2023 Respectfully submitted,
_s/Andrew S. Garvis_______
Koch & Garvis, LLC
Andrew S. Garvis #257989
3109 Hennepin Avenue South
Minneapolis, MN 55408
(612) 827-8101
Atty for Abdiwahab Maalim Aftin
3