United States Response to Standard Discovery Requests, Case 2:23-cr-00123, Document 19
Summary
Document 19 in Case 2:23-cr-00123 is the response of the United States of America to the defendant's Standard Discovery Requests, with a request for reciprocal discovery and a notice of intent to offer records of regularly conducted activity. The response states that a January 26, 2023, audio recording of the defendant's statement to law enforcement officers, a transcript of it, and a copy of the defendant's criminal history have been provided. It states that the defendant did not testify before the grand jury, and that the government will seek judicial notice that Nitro, Kanawha County, West Virginia, lies within the Southern District of West Virginia. It requests reciprocal discovery within 14 days of service. The signature line shows /s/ Jonathan T. Storage, Assistant United States Attorney.
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“United States Response to Standard Discovery Requests, Case 2:23-cr-00123, Document 19.”
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Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 1 of 9 PageID #: 39
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:23-cr-00123
SEAN PATRICK BOYD, JR.
RESPONSE OF THE UNITED STATES OF AMERICA
TO DEFENDANT'S STANDARD DISCOVERY REQUESTS,
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY,
AND NOTICE OF THE UNITED STATES’S INTENT TO OFFER EVIDENCE OF
RECORDS OF REGULARLY CONDUCTED ACTIVITY
Pursuant to Rule 16 of the Federal Rules of Criminal
Procedure, Rule 16.1(a) of the Local Rules of Criminal Procedure,
and the Arraignment Order and Standard Discovery Request entered
by the Court in this case on September 8, 2023, the United States
of America, by counsel, herewith responds to each of defendant's
Standard Discovery Requests as follows:
Request A: Disclose to defendant the substance of any
relevant oral statement made by defendant, whether before or after
arrest, in response to interrogation by a person the defendant
knew was a government agent if the government intends to use the
statement at trial. [Fed. R. Crim. P. 16(a)(1)(A)]
Response: The government has provided a January 26, 2023,
audio recording of the defendant’s statement to law enforcement
officers.
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 2 of 9 PageID #: 40
Request B: Disclose to defendant and make available for
inspection, copying or photographing, all of the following:
(i) Any relevant written or recorded statement by the
defendant if the statement is within the government's possession,
custody, or control; and the attorney for the government knows--
or through due diligence could know--that the statement exists.
[Fed. R. Crim. P. 16(a)(1)(B)(i)]
Response: The government has provided a January 26, 2023,
audio recording of the defendant’s statement to law enforcement
officers. The government has provided a transcript of the January
26, 2023, audio recorded statement of the defendant. (Bates Nos.
BOYD-000421 through BOYD-000435)
(ii) The portion of any written record containing the
substance of any relevant oral statement made before or after
arrest if the defendant made the statement in response to
interrogation by a person the defendant knew was a government
agent. [Fed. R. Crim. P. 16(a)(1)(B)(ii)]
Response: The government has provided a transcript of the
January 26, 2023, audio recorded statement of the defendant. (Bates
Nos. BOYD-000421 through BOYD-000435)
(iii) The defendant's recorded testimony before a grand jury
relating to the charged offense. [Fed. R. Crim. P.
16(a)(1)(B)(iii)]
Response: The defendant did not testify before the grand
jury.
Request C: Where the defendant is an organization, e.g., a
corporation, partnership, association or labor union, disclose to
the defendant any statement described in Fed. R. Crim. P.
16(a)(1)(A) and (B), if the government contends that the person
making the statement (i) was legally able to bind the defendant
regarding the subject of the statement because of that person's
position as the defendant's director, officer, employee, or agent;
or (ii) was personally involved in the alleged conduct constituting
the offense and was legally capable to bind the defendant regarding
that conduct because of that person's position as the defendant's
2
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 3 of 9 PageID #: 41
director, officer, employee, or agent. [Fed. R. Crim. P.
16(a)(1)(C)]
Response: Not applicable.
Request D: Furnish the defendant with a copy of defendant's
prior criminal record that is within the government's possession,
custody, or control if the attorney for the government knows--or
through due diligence could know--that the record exists. [Fed.
R. Crim. P. 16(a)(1)(D)]
Response: The government has provided a copy of the
defendant’s criminal history. (Bates Nos. BOYD-000018 through
BOYD-000019) The government will allow counsel for defendant to
inspect any item of evidence he deems appropriate. Counsel should
contact AUSA Jonathan T. Storage as soon as possible to arrange a
mutually agreeable time to view the evidence. The following is
being provided:
Request E: Permit the defendant to inspect and to copy or
photograph books, papers, documents, data, photographs, tangible
objects, building or places, or copies or portions of any of those
items, if the item is within the government's possession, custody
or control, and (i) the item is material to preparing the defense;
(ii) the government intends to use the item in its case-in-chief
at trial; or (iii) the item was obtained from or belongs to
defendant. [Fed. R. Crim. P. 16(a)(1)(E)]
Response: The government will allow counsel for defendant to
inspect any item of evidence he deems appropriate. Counsel should
contact AUSA Jonathan T. Storage as soon as possible to arrange a
mutually agreeable time to view the evidence. The following is
being provided:
BOYD-000001 BOYD-000017 Various email correspondence in
case file
BOYD-000020 BOYD-000057 Records from A.E.F. (business)
BOYD-000058 BOYD-000200 Records from H.N.B. (business)
3
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 4 of 9 PageID #: 42
BOYD-000201 Correspondence from J.P.M.C.
(business)
BOYD-000202 BOYD-000240 Records from I.T.T. (business)
NO BATES Excel Spreadsheet provided by
I.T.T. (business)
BOYD-000241 BOYD-000417 Records from H.N.B (business)
BOYD-000418 BOYD-000420 Pre-Trial Services Report for Sean
Boyd, Jr.
NO BATES-mp3 Recorded audio statement of Sean
Boyd, Jr., taken on 01/26/2023
BOYD-000421 BOYD-000435 Transcript of Sean Boyd, Jr.’s
audio statement, taken on
01/26/2023
BOYD-000436 Target of Grand Jury Investigation
letter mailed to Sean Boyd, Jr.,
on 01/10/2023
Request F: Permit the defendant to inspect and to copy or
photograph the results or reports of any physical or mental
examination and of any scientific tests or experiment if (i) the
item is within the government's possession, custody, or control;
(ii) the attorney for the government knows--or through due
diligence could know--that the item exists; and (iii) the item is
material to preparing the defense or the government intends to use
the item in its case-in-chief at trial. [Fed. R. Crim. P.
16(a)(1)(F)]
Response: Not applicable.
Request G: For any testimony the government intends to use
under Rules 702, 703 or 705 of the Federal Rules of Evidence during
its case-in-chief, or during rebuttal to counter testimony that
the defendant has timely disclosed under reciprocal discovery,
give to the defendant, in writing, the following information:
4
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 5 of 9 PageID #: 43
(i) a complete statement of all opinions that the
government will elicit from the witness in its case-
in-chief, or during its rebuttal to counter testimony
that the defendant has timely disclosed under
reciprocal discovery;
(ii) the bases and reasons for them;
(iii) the witness’s qualifications, including a list of all
publications authored in the previous 10 years; and
(iv) a list of all other cases in which, during the
previous 4 years, the witness has testified as an
expert at trial or by deposition.
If the government requests discovery under the second bullet point
in Federal Rules of Criminal Procedure 16(b)(1)(C)(i) and the
defendant complies, the government must, at the defendant's
request, disclose to the defendant, in writing, the information
listed above in (i) through (iv) for testimony that the government
intends to use at trial under Rules 702, 703, or 705 of the Federal
Rules of Evidence on the issue of the defendant's mental condition.
The witness must approve and sign the disclosure, unless the
government states in the disclosure why it could not obtain the
witness’s signature through reasonable efforts, or the government
has previously provided a report, signed by the witness that
contains all the opinions and the bases and reasons for them.
[Fed. R. Crim. P. 16(a)(1)(G)]
Response: The government does not have responsive materials
at this time.
Request H: Disclose to defendant all evidence favorable to
defendant, including impeachment evidence, and allow defendant to
inspect, copy or photograph such evidence.
Response: The government is not presently aware of any such
information, aside from that which may be contained in the
materials referenced in the response to Request E above. The
government will continue to provide exculpatory and impeachment
information as it becomes known.
5
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 6 of 9 PageID #: 44
Request I: Notify defendant of all evidence the government
intends to introduce pursuant to Rule 404(b) of the Federal Rules
of Evidence.
Response: The government has not determined whether it will
introduce evidence pursuant to Rule 404(b) of the Federal Rules of
Evidence. However, should the United States elect to introduce
such evidence, it will promptly provide notice of the same.
Request J: Disclose to defendant all reports of government
"mail cover," insofar as the same affects the government's case
against the defendant or any alleged aiders and abettors or co-
conspirators.
Response: Not applicable.
Request K: Disclose to defendant any matter as to which the
government will seek judicial notice.
Response: The government will seek judicial notice that
Nitro, Kanawha County, West Virginia, lies within the Southern
District of West Virginia.
Request L: Disclose to defendant and make available for
inspection, copying or photographing, the results of any
interception of a wire, oral or electronic communication in the
possession, custody or control of the government, the existence of
which is known, or by the exercise of due diligence could become
known, to the attorney for the government, which contains any
relevant statement made by the defendant or which is material to
the preparation of the defendant's defense or which is intended
for use by the government as evidence in its case-in-chief at the
trial. For each such interception, disclose (1) any application
for an order authorizing the interception of a wire or oral
communication; (2) any affidavits filed in support thereof; and
(3) any court order authorizing such interception.
Response: Not applicable.
6
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 7 of 9 PageID #: 45
Request M: Provide notice to defendant of the government's
intention to use evidence pursuant to Rule 12(b)(4)(B) of the
Federal Rules of Criminal Procedure.
Response: The United States reserves the right to use all
information and evidence disclosed herein or made available for
inspection and copying pursuant to this Response and such
information and evidence which may be discovered and finally
provided to defendant.
Any discovery provided that is not mandated by Court order,
the Federal Rules of Criminal Procedure, federal statute or federal
case law, is provided voluntarily as a matter of discretion solely
to expedite and facilitate litigation of this case.
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY
Pursuant to Rules 16.1(b) and 16.1(d) of the Local Rules of
Criminal Procedure, the United States of America requests that
defendant provide all applicable reciprocal discovery within 14
days of the service of this response and the provision of materials
requested by defendant in the Standard Discovery Request.
NOTICE OF THE UNITED STATES INTENT TO OFFER
EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY
Pursuant to Federal Rules of Evidence 902(11), notice is
hereby given of the United States intent to offer into evidence
7
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 8 of 9 PageID #: 46
certified domestic records of regularly conducted activity. The
records are referred to more specifically in Response E above.
Respectfully submitted,
WILLIAM S. THOMPSON
United States Attorney
By:
/s/ Jonathan T. Storage
JONATHAN T. STORAGE
Assistant United States Attorney
WV Bar No. 12279
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Telephone: 304-345-2200
Fax: 304-347-5704
Email: Jonathan.Storage@usdoj.gov
8
Case 2:23-cr-00123 Document 19 Filed 09/22/23 Page 9 of 9 PageID #: 47
CERTIFICATE OF SERVICE
It is hereby certified that the foregoing “RESPONSE OF THE
UNITED STATES OF AMERICA TO DEFENDANT'S STANDARD DISCOVERY
REQUESTS, REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY,
AND NOTICE OF THE UNITED STATES’S INTENT TO OFFER EVIDENCE OF
RECORDS OF REGULARLY CONDUCTED ACTIVITY” has been electronically
filed and service has been made on opposing counsel by virtue of
such electronic filing this 22nd day of September , 2023 to:
Emily L. Szopinski, Assistant Federal Public Defender
Robert C. Byrd United States Courthouse
300 Virginia Street, East, Suite 3400
Charleston, West Virginia 25301
/s/Jonathan T. Storage
JONATHAN T. STORAGE
Assistant United States Attorney
WV Bar No.12279
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Telephone: 304-345-2200
Fax: 304-347-5704
Email:Jonathan.Storage@usdoj.gov
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