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Order — No. 3:22-cr-00033 (Dkt. 219, D. Conn.)

Summary

An order in United States v. John Trasacco, Criminal No. 3:22-CR-33 (OAW), in the U.S. District Court for the District of Connecticut, filed December 7, 2022 as Document 219 (2 pages) and signed by Judge Omar A. Williams. It concerns custody of the parties' trial exhibits after the jury trial that ended December 2, 2022, when defense counsel voiced disagreement over the government retaining the exhibits it had introduced. Citing Local Rule 83.6, the order instructs the defense to file any formal objection, with legal support, by 5:00 P.M. on Thursday, December 8, 2022, and states that otherwise the court will order the exhibits released to the parties.

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Cite this document

“Order — No. 3:22-cr-00033 (Dkt. 219, D. Conn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-3-22-cr-00033-dkt-219-d-conn-06aaaf9d34/, SHA-256 49c50a2798fabad16b667809d752379624c5599a7132d7c8c41a4a8b1c6dfcc5.

Full text

          Case 3:22-cr-00033-OAW Document 219 Filed 12/07/22 Page 1 of 2




                                UNITED STATES DISTRICT COURT
                                  DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA                               :
                                                       :
                 v.                                    :       Criminal No. 3:22-CR-33 (OAW)
                                                       :
JOHN TRASACCO                                          :

                                                    ORDER

        On December 2, 2022, after completion of the jury trial in the instant matter (and

after court adjourned and the court reporter was excused), defense counsel expressed

disagreement and concern over the government retaining possession of the exhibits it

had introduced during trial. The court intervened and, pending formal, written objection

(filed to the docket, together with legal authority in support of any such objection)

offered to store both parties’ trial exhibits in the undersigned’s chambers. In order to

avoid concerns regarding the chain of custody, the court invited counsel for both parties

to follow the undersigned from the courtroom to chambers. While counsel for both

parties agreed, only the government walked with the undersigned to chambers.

        The court’s Local Rules provide, in relevant part, as follows:

        (c) Custody of Exhibits After Trial
        . . . unless the Court otherwise directs, exhibits shall not be filed with the
        clerk, but shall be retained in the custody of the parties who produce them
        in court. The parties shall retain these exhibits until final determination of
        the action, including the date when the mandate of the final reviewing court
        has been filed or until the time for appeal has expired.
        (d) Disposition of Exhibits in the Custody of the Clerk
        The offering party shall make arrangements for the return of those exhibits
        remaining with the Clerk within ninety days after final determination of the
        action. Exhibits not claimed may be destroyed by the Clerk, without notice.
D. Conn. L. Civ. R. 83.6 (c) and (d).1



1 This civil rule is applied to criminal cases via D. Conn. L. Cr. R. 1 (c).


                                                           1
        Case 3:22-cr-00033-OAW Document 219 Filed 12/07/22 Page 2 of 2




       To date, defense counsel has neither filed a formal objection nor cited relevant

legal authority. If the defense wishes to object to the government’s exhibits being

returned for post-trial retention pursuant to Local Rule 83.6 (or to ask the court to issue

any preservation order as to the government and its agents), it is instructed to do so

(with legal support therefor) before 5:00 P.M. on Thursday, December 8, 2022.

Otherwise, the court will order the exhibits released to the parties.

       IT IS SO ORDERED at Hartford, Connecticut, this 7th day of December, 2022.

                                                                      /s/
                                                         Omar A. Williams
                                                         United States District Judge




                                             2

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