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United States v. Williams (Karnezis et al.), ord No. 3:23-cr-00067, ECF 153: Defendant Williams's motion to suppress statements and evidence

Summary

Defendant's Motion to Suppress Statements and Evidence, with Incorporated Memorandum of Law, filed March 16, 2026 as Document 153 in United States v. Fredrico Williams, Case No. 3:23-CR-00067-IM, in the U.S. District Court for the District of Oregon, Portland Division. The motion asks the Court to suppress statements and derivative evidence obtained during the custodial interrogation of March 21, 2023, on five grounds. The table of contents lists the grounds under Massiah, Edwards, Seibert and Corley, and the participation of an AUSA. The motion requests an evidentiary hearing and states that oral argument is requested. The signature block names Ernest Warren, Jr. as attorney for Williams.

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“United States v. Williams (Karnezis et al.), ord No. 3:23-cr-00067, ECF 153: Defendant Williams's motion to suppress statements and evidence.” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/united-states-v-williams-karnezis-et-al-ord-no-3-23-cr-00067-ecf-153-d-84f7b83b8b/, SHA-256 a346a2e2764ac4182d4f6630f97d104c61eb5fd8b1b0156dec2619f4c4be3af3.

Full text

       Case 3:23-cr-00067-IM            Document 153                 Filed 03/16/26   Page 1 of 25

Ernest Warren, Jr. OSB #891384
Warren & Sugarman
838 S.W. First Ave., Suite 200
Portland, OR 97204
Tel: (503) 228-6655
E-mail: e.warren@ernestwarrenlaw.com



Attorney for Defendant Fredrico Williams



                       IN THE UNITED STATES DISTRICT COURT

                              FOR THE DISTRICT OF OREGON

                                       PORTLAND DIVISION


   UNITED STATES OF AMERICA,          )                   Case No. 3:23-CR-00067-IM
                                      )
                         Plaintiff,   )
                                      )                   DEFENDANT’S MOTION TO
                    v.                )                   SUPPRESS STATEMENTS AND
                                      )                   EVIDENCE, WITH INCORPORATED
  FREDRICO WILLIAMS,                  )                   MEMORANDUM OF LAW
                                      )
                        Defendant.    )                   Oral Argument Requested
  ___________________________________ )                   Fed. R. Crim. P. 12(b)(3)(C)




                                      TABLE OF CONTENTS

  __________________________________________________________________________
  Section                                   Page
  __________________________________________________________________________
  TABLE OF AUTHORITIES                                          ii

  I. INTRODUCTION                                              1

  II. FACTUAL BACKGROUND                                       3




  Page 1-DEFENDANT’S MOTION TO
  SUPPRESS STATEMENTS AND
  EVIDENCE, WITH INCORPORATED
  MEMORANDUM OF LAW

                                       WARREN & SUGARMAN
                                            Attorneys at Law
                         838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                            Tel (503) 228-6655
                                          ernestwarrenlaw.com
      Case 3:23-cr-00067-IM          Document 153                 Filed 03/16/26          Page 2 of 25



       Section                                                      Page
       A. The Sealed Indictment (March 7, 2023)                     3
       B. The Arrest and Transport (March 21, 2023)                 4
       C. The Custodial Interview (March 21, 2023,
                                                                    5
       10:46 AM - 2:03 PM)
       D. The Rule 5 Delay                                          9
       III. LEGAL STANDARD                                          10
       IV. ARGUMENT                                                 11
       A. Ground One: The Entire Interview Must Be
                                                                    11
       Suppressed Under Massiah
       B. Ground Two: Statements Must Be
                                                                    15
       Suppressed Under Edwards
       C. Ground Three: Pre-Miranda Statements Must
                                                                    21
       Be Suppressed Under Seibert
       D. Ground Four: Statements Must Be
                                                                    23
       Suppressed Under Rule 5 and Corley
       E. Ground Five: The AUSA’s Secret
                                                                    26
       Participation Warrants Full Suppression
       V. REQUEST FOR EVIDENTIARY
                                                                    28
       HEARING
       VI. CONCLUSION                                               29
       CERTIFICATE OF SERVICE                                       31




     TABLE OF AUTHORITIES

     Cases

       Case                                 Page(s)
       Brewer v. Williams, 430 U.S.
                                            12, 14
       387 (1977)
       Colorado v. Connelly, 479 U.S.
                                            10
       157 (1986)
       Corley v. United States, 556
                                            23, 24, 25
       U.S. 303 (2009)
       County of Riverside v.
       McLaughlin, 500 U.S. 44              24
       (1991)
       Davis v. United States, 512
                                            16, 17, 18, 19, 20
       U.S. 452 (1994)
       Edwards v. Arizona, 451 U.S.
                                            15, 16, 17, 18, 19, 20, 21
       477 (1981)
       Fellers v. United States, 540
                                            13, 14
       U.S. 519 (2004)
Page 2-DEFENDANT’S MOTION TO                 WARREN & SUGARMAN
SUPPRESS STATEMENTS AND                           Attorneys at Law
EVIDENCE, WITH INCORPORATED    838 SW First Avenue • Suite 200 • Portland, Oregon 97204
MEMORANDUM OF LAW                                Tel (503) 228-6655
                                                ernestwarrenlaw.com
           Case 3:23-cr-00067-IM          Document 153                 Filed 03/16/26          Page 3 of 25



            Case                                 Page(s)
            Jackson v. Denno, 378 U.S.
                                                 10
            368 (1964)
            Kansas v. Ventris, 556 U.S.
                                                 14
            586 (2009)
            Kirby v. Illinois, 406 U.S. 682
                                                 12
            (1972)
            Mallory v. United States, 354
                                                 23, 25
            U.S. 449 (1957)
            Massiah v. United States, 377
                                                 11, 12, 13, 14, 15
            U.S. 201 (1964)
            McNabb v. United States, 318
                                                 23, 24, 25
            U.S. 332 (1943)
            Michigan v. Harvey, 494 U.S.
                                                 14
            344 (1990)
            Minnick v. Mississippi, 498
                                                 16
            U.S. 146 (1990)
            Miranda v. Arizona, 384 U.S.
                                                 10, 21, 22
            436 (1966)
            Missouri v. Seibert, 542 U.S.
                                                 21, 22, 23
            600 (2004)
            Moran v. Burbine, 475 U.S.
                                                 22
            412 (1986)
            Oregon v. Elstad, 470 U.S. 298
                                                 22
            (1985)
            Rothgery v. Gillespie County,
                                                 12
            554 U.S. 191 (2008)
            Schneckloth v. Bustamonte,
                                                 10
            412 U.S. 218 (1973)
            Smith v. Illinois, 469 U.S. 91
                                                 17
            (1984)
            United States v. Alvarez-
                                                 25
            Sanchez, 511 U.S. 350 (1994)
            United States v. Charley, 396
                                                 22
            F.3d 1074 (9th Cir. 2005)
            United States v. Crawford, 372
            F.3d 1048 (9th Cir. 2004) (en        10
            banc)
            United States v. Garibay, 143
                                                 18
            F.3d 534 (9th Cir. 1998)
            United States v. Henley, 984
                                                 13
            F.2d 1040 (9th Cir. 1993)
            United States v. Henry, 447
                                                 13, 14
            U.S. 264 (1980)
            United States v. Hernandez,
                                                 13
            574 F.2d 1362 (9th Cir. 1978)
Page 3-DEFENDANT’S MOTION TO
SUP2RESS STATEMENTS AND                           WARREN & SUGARMAN
EVIDENCE, WITH INCORPORATED                            Attorneys at Law
MEMORANDUM OF LAW                   838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                      Tel (503) 228-6655
                                                     ernestwarrenlaw.com
      Case 3:23-cr-00067-IM           Document 153               Filed 03/16/26           Page 4 of 25



       Case                                 Page(s)
       United States v. Howell, 231
                                            28
       F.3d 615 (9th Cir. 2000)
       United States v. Lares-Valdez,
                                            10
       939 F.2d 688 (9th Cir. 1991)
       United States v. Ogbuehi, 18
                                            18
       F.3d 807 (9th Cir. 1994)
       United States v. Rodriguez, 518
                                            17
       F.3d 1072 (9th Cir. 2008)
       United States v. Tingle, 658
                                            10
       F.2d 1332 (9th Cir. 1981)
       United States v. Van Metre, 150
                                            24
       F.3d 339 (4th Cir. 1998)
       United States v. Wilson, 838
                                            25
       F.2d 1081 (9th Cir. 1988)
       Wong Sun v. United States, 371
                                            15, 29
       U.S. 471 (1963)


     Constitutional Provisions

       Provision                Page(s)
       U.S. Const. amend. IV    24
       U.S. Const. amend. V     10, 15, 21, 23
       U.S. Const. amend. VI    11, 12, 13, 14, 15, 26, 27


     Statutes and Rules

       Statute/Rule                    Page(s)
       18 U.S.C. § 3501(c)             24, 25
       Fed. R. Crim. P. 5(a)(1)(A)     23, 24, 25
       Fed. R. Crim. P. 12(b)(3)(C)    1, 10
       D. Or. LR 7-1(b)                1
       D. Or. LR 10-1                  1


     Other Authorities

       Authority                  Page(s)
       ABA Model Rule 4.2         27
       Oregon RPC 4.2             27
       DOJ Manual § 9-13.230      27


Page 4-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND                      WARREN & SUGARMAN
EVIDENCE, WITH INCORPORATED                       Attorneys at Law
MEMORANDUM OF LAW              838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                 Tel (503) 228-6655
                                                ernestwarrenlaw.com
     Case 3:23-cr-00067-IM         Document 153                 Filed 03/16/26             Page 5 of 25



     I. INTRODUCTION
     Defendant Fredrico Antoine Williams respectfully moves this Court, pursuant to
     Fed. R. Crim. P. 12(b)(3)(C), to suppress all statements and derivative evidence
     obtained during his custodial interrogation on March 21, 2023, on five independent
     constitutional and statutory grounds. This motion is supported by the incorporated
     memorandum of law, the Declaration of Counsel filed concurrently herewith, and
     the record in this case.

     On March 7, 2023, AUSA Meredith Bateman filed a sealed indictment charging
     Mr. Williams. (ECF No. 1.) Fourteen days later, on March 21, 2023, six federal
     agents arrested Mr. Williams at his workplace in Rancho Bernardo, San Diego
     County, and immediately subjected him to a 4.5-hour custodial interrogation —
     without counsel, without informing him of the pending indictment, and with AUSA
     Bateman secretly listening on speakerphone. Mr. Williams had a private attorney —
     Attorney Pride — whom he repeatedly asked to call during the interrogation.
     Mr. Williams attempted to invoke his right to counsel no fewer than twelve separate
     times. Every attempt was deflected, delayed, or conditioned upon his surrender of
     evidence. At one point, agents explicitly told Mr. Williams that he could call his
     attorney only after he first emailed them evidence from his phone. (Tr. Lines
     6614-6617.)

     Before any Miranda warnings were administered, agents conducted a substantive
     interrogation of Mr. Williams during the car ride from the point of arrest to the
     interview location. Once the recorded interview began, the lead agent immediately
     referenced “what we were trying to talk about in the car.” (Tr. Line 127.) No
     curative measures separated these pre-Miranda admissions from the subsequent
     recorded interview.

     Mr. Williams was not presented to a magistrate judge until March 23, 2023 — more
     than 50 hours after his arrest — far exceeding the 6-hour safe harbor established by
     the Supreme Court in Corley v. United States, 556 U.S. 303 (2009). The entire
     interrogation was conducted during this period of unreasonable delay.

     Each of these five grounds independently requires suppression:

     Ground One — Massiah: Mr. Williams was already under sealed indictment when
     interrogated. The Sixth Amendment right to counsel attached at indictment and was
     violated by deliberate elicitation without counsel present.

     Ground Two — Edwards: Mr. Williams invoked his right to counsel twelve times
     during the interview. Each invocation was deflected, and interrogation continued in
     violation of the bright-line rule of Edwards v. Arizona.

     Ground Three — Seibert: Agents conducted a pre-Miranda interrogation in the car,
     then re-covered the same ground after administering Miranda warnings, employing
     the unconstitutional question-first technique condemned in Missouri v. Seibert.

     Ground Four — Rule 5/Corley: The 50-plus-hour delay before presentment
     exceeded the 6-hour safe harbor by more than eight times. All statements obtained
     during this delay must be suppressed under the McNabb-Mallory rule as codified in
     18 U.S.C. § 3501(c).

Page 5-DEFENDANT’S MOTION TO                  WARREN & SUGARMAN
SUPPRESS STATEMENTS AND                            Attorneys at Law
EVIDENCE, WITH INCORPORATED     838 SW First Avenue • Suite 200 • Portland, Oregon 97204
MEMORANDUM OF LAW                                 Tel (503) 228-6655
                                                 ernestwarrenlaw.com
    Case 3:23-cr-00067-IM          Document 153                 Filed 03/16/26            Page 6 of 25


    Ground Five — Prosecutorial Participation: AUSA Bateman — the same
    prosecutor who filed the sealed indictment and who knew Mr. Williams was an
    indicted defendant — was secretly present on speakerphone during the interrogation,
    heard agents cut off Mr. Williams’s first attempt to invoke counsel, and took no
    corrective action.

    The remedy is straightforward: suppression of all statements obtained during the
    March 21, 2023 interview, all derivative evidence, and all fruits thereof.

    Mr. Williams requests an evidentiary hearing pursuant to Fed. R. Crim. P. 12(b)(3)
    (C).



    II. FACTUAL BACKGROUND

    A. The Sealed Indictment (March 7, 2023)
    On March 7, 2023, a federal grand jury in the District of Oregon returned a sealed
    indictment charging Mr. Williams with three counts of wire fraud. (ECF No. 1.) The
    indictment was filed under seal on the same date. AUSA Meredith Bateman was the
    lead prosecutor who presented the case to the grand jury and filed the indictment.

    The sealed indictment remained sealed until after Mr. Williams’s arrest on March
    21, 2023. At the time of his arrest and subsequent interrogation, Mr. Williams had no
    knowledge that he had been indicted. The government agents who conducted the
    interrogation made no mention of the pending indictment. Mr. Williams was not
    informed that formal charges had already been filed against him. Instead, he was led
    to believe that his cooperation would influence future charging decisions — that
    AUSA Bateman was the “decision-maker” who would evaluate his cooperation. (Tr.
    Lines 141-150.)

    The PACER docket confirms the critical timeline: the sealed indictment (ECF No. 1)
    was filed on March 7, 2023; the arrest warrant was not formally executed until
    March 22, 2023 (ECF No. 73); the Rule 5 initial appearance did not occur until
    March 23, 2023 (ECF No. 6).

    B. The Arrest and Transport (March 21, 2023)
    On the morning of March 21, 2023, at approximately 9:30 AM, six federal agents
    from four agencies arrested Mr. Williams at his place of employment, General
    Atomics, in Rancho Bernardo, San Diego County, California. The arresting agencies
    included SBA Office of Inspector General (OIG), Naval Criminal Investigative
    Service (NCIS), IRS Criminal Investigation Division (IRS-CI), and the California
    Attorney General’s Office.

    At the time of his arrest, Mr. Williams had a private attorney, Attorney Pride, whom
    he had previously retained. Mr. Williams was not informed that he had been
    indicted, and no CJA counsel had been appointed. Throughout the subsequent
    interrogation, Mr. Williams’s repeated requests to “call my attorney” referred
    specifically to Attorney Pride.

Page 6-DEFENDANT’S MOTION TO                 WARREN & SUGARMAN
SUPPRESS STATEMENTS AND                           Attorneys at Law
EVIDENCE, WITH INCORPORATED    838 SW First Avenue • Suite 200 • Portland, Oregon 97204
MEMORANDUM OF LAW                                Tel (503) 228-6655
                                                ernestwarrenlaw.com
       Case 3:23-cr-00067-IM          Document 153                Filed 03/16/26            Page 7 of 25


      Following the arrest, agents transported Mr. Williams by car to an interview
      location. During this transport, before any Miranda warnings were administered,
      agents engaged Mr. Williams in substantive conversation about the investigation.
      The content of this pre-Miranda car conversation is confirmed by the subsequent
      recorded interview, in which lead agent SA Kristopher Pasquale (SBA-OIG) stated:

              “At the end of the day, like, what we were trying to talk about in the car
              and help you understand . . .”

      (Tr. Line 127.)

      And later:

              “Like I told you in the car, he loves numbers.”

      (Tr. Line 460.)

      These statements establish that agents discussed the substance of the investigation
      with Mr. Williams during the car ride — before Miranda warnings and before the
      recorded interview began. No recording of the car conversation has been produced
      in discovery. No agent notes documenting the car conversation have been disclosed.

      The arrest warrant, though issued under the sealed indictment, was not formally
      executed and returned until March 22, 2023 — the day after the arrest and
      interrogation. (ECF No. 73.)

      C. The Custodial Interview (March 21, 2023, 10:46 AM - 2:03 PM)

      1. The Setting and Personnel

      The recorded interview began at approximately 10:46 AM and concluded at
      approximately 2:03 PM — a duration of approximately 4 hours and 17 minutes. Six
      federal agents were present:

        Agent                           Agency                            Role
        SA Kristopher Pasquale          SBA-OIG                           Lead interviewer
        SA Andrew Hamilton Smith        CA Attorney General               Interviewer
        SA Brian Bertnik                NCIS                              Financial records
        SA Alice Murphy                 NCIS                              Present for portions
        SA Brandy Lacey                 IRS-CI                            Financial investigation
        SA John Pelley                  IRS-CI                            Processing/marshal

      Additionally, AUSA Meredith Bateman was connected to the interview room via
      speakerphone from the outset. Her presence was concealed from Mr. Williams. (See
      Section II.C.4 below.)


Page 7-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND
EVIDENCE, WITH INCORPORATED                    WARREN & SUGARMAN
MEMORANDUM OF LAW                                   Attorneys at Law
                                 838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                   Tel (503) 228-6655
                                                  ernestwarrenlaw.com
       Case 3:23-cr-00067-IM        Document 153                 Filed 03/16/26            Page 8 of 25


      2. Miranda Advisement and Interrupted Waiver

      At the beginning of the recorded interview, SA Pasquale administered Miranda
      warnings to Mr. Williams. Mr. Williams stated he understood his rights. When asked
      whether he had “any issue with talking to us,” Mr. Williams began to qualify his
      response:

              AGENT: “So you don’t have any issue with talking to us; right?”

              MR. WILLIAMS: “No, I don’t have an issue, but I would like to —”

              MR. PASQUALE: [Interrupting] “At the end of the day, like, what we were
              trying to talk about in the car and help you understand . . .”

      (Tr. Lines 124-127.)

      Mr. Williams was not permitted to complete his sentence. SA Pasquale immediately
      launched into a lengthy monologue about cooperation, invoking AUSA Bateman by
      first name as “Meredith” and describing her as “the decision-maker.” (Tr. Lines
      141-150.) At this point, AUSA Bateman was on the speakerphone and unmuted —
      she heard Mr. Williams attempt to qualify his waiver and heard the agents cut him
      off.

      The Miranda “waiver” was obtained while agents were simultaneously making
      cooperation promises and before Mr. Williams could articulate his reservation.
      Under these circumstances, the waiver was not “voluntary, knowing, and intelligent”
      as required by Miranda v. Arizona, 384 U.S. 436, 444 (1966).

      3. Twelve Invocations of the Right to Counsel

      Over the course of the 4.5-hour interrogation, Mr. Williams attempted to invoke his
      right to counsel twelve separate times. Each invocation was met with deflection,
      delay, topic-switching, or — in the most egregious instance — an explicit demand
      that Mr. Williams first surrender evidence before being permitted to call his
      attorney:

        #    Transcript Line        Williams’s Statement                         Agent Response
                                                                                 Cut off mid-sentence
                                    “I don’t have an issue, but I                by Pasquale;
        1    Lines 124-125
                                    would like to —”                             cooperation
                                                                                 monologue
                                    “because I forget who it was                 Pasquale redirected
        2    Lines 2651-2654        earlier, but I was asking,                   to “Bayless and
                                    when do I get to —”                          Eric”
                                                                                 “Can we talk about
                                    “I would prefer to do that                   Eric and Bayless?
        3    Lines 2726-2727
                                    with my attorney.”                           Can we move on to
                                                                                 that piece?”
                                                                                 Pressed forward on
                                    “I would want to ask my
        4    Line 4305                                                           narrower evidence
                                    attorney, if that’s okay.”
                                                                                 scope
        5    Lines 4548-4549
Page 8-DEFENDANT’S MOTION TO                  WARREN & SUGARMAN
SUPPRESS STATEMENTS AND                            Attorneys at Law
EVIDENCE, WITH INCORPORATED     838 SW First Avenue • Suite 200 • Portland, Oregon 97204
MEMORANDUM OF LAW                                 Tel (503) 228-6655
                                                 ernestwarrenlaw.com
       Case 3:23-cr-00067-IM          Document 153                 Filed 03/16/26            Page 9 of 25



        #    Transcript Line           Williams’s Statement                         Agent Response
                                       “Do you know if at some
                                                                                    “We just kind of
                                       point I get to call my
                                                                                    want to get through
                                       attorney, or is that something
                                                                                    this high-level stuff.”
                                       later?”
                                       “if my attorney was to say,
                                                                                    Redirected to
                                       ‘You can give him this,’ I
        6    Lines 4611-4614                                                        narrower evidence
                                       would feel more
                                                                                    request
                                       comfortable”
                                                                                    Lacey pivoted to
                                       “That I will leave for when
        7    Lines 5234-5235                                                        seizure warrant
                                       the attorney comes in.”
                                                                                    discussion
                                                                                    “Yeah. We will
                                                                                    absolutely give you a
                                                                                    minute; right? I just
        8    Line 6075                 “Can I call my attorney?”                    want to describe the
                                                                                    process for you real
                                                                                    quick.” (Continued
                                                                                    for ~70 more lines.)
                                                                                    Deflected with
                                       “Do you mind if I call the
        9    Lines 6245-6246                                                        discussion of consent
                                       attorney real quick?”
                                                                                    form language
                                                                                    “You absolutely
                                                                                    can.” Then Smith:
                                                                                    “Pull up the next
                                       “Can I call my attorney from
        10   Line 6330                                                              conversation that’s
                                       —”
                                                                                    pertinent.” Phone
                                                                                    examination
                                                                                    continued.
                                                                                    “Can you send this
                                                                                    to us first? This is
                                                                                    just kind of, like, a
                                       “Can I call my attorney?
        11   Lines 6614-6617                                                        critical piece. Can
                                       Because it’s on this —”
                                                                                    you e-mail that to
                                                                                    Drew first and then
                                                                                    call?”
                                                                                    Finally permitted.
                                                                                    Recording
                                       “Can I just call my attorney                 terminated. Smith:
        12   Lines 6674-6676
                                       real quick?”                                 “We don’t want you
                                                                                    calling your attorney
                                                                                    in front of us.”

       Invocation #3 (Line 2727) is the clearest Edwards invocation: “I would prefer to do
       that with my attorney.” This is an unambiguous, unequivocal request for counsel.
       Under Edwards, all questioning should have ceased at this point. Instead, the agents
       immediately changed the subject and continued interrogating Mr. Williams for
       approximately 4,000 additional lines of transcript — nearly three more hours.

Page 9-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND                       WARREN & SUGARMAN
EVIDENCE, WITH INCORPORATED                        Attorneys at Law
MEMORANDUM OF LAW               838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                  Tel (503) 228-6655
                                                 ernestwarrenlaw.com
   Case 3:23-cr-00067-IM          Document 153               Filed 03/16/26              Page 10 of 25


   Invocation #11 (Lines 6614-6617) is the most constitutionally egregious: agents
   explicitly conditioned Mr. Williams’s access to Attorney Pride on first surrendering
   evidence from his phone. The “critical piece” the agents demanded was a
   spreadsheet that a co-defendant had accidentally sent to Mr. Williams. The agents
   told Mr. Williams he could call his lawyer only after he emailed them this
   spreadsheet. The agents subsequently seized Mr. Williams’s phone. This is coercion
   per se — conditioning the exercise of a constitutional right on the surrender of
   evidence.

   4. AUSA Bateman’s Secret Presence on Speakerphone

   AUSA Meredith Bateman was connected to the interview via speakerphone from the
   beginning of the recorded interview. She is identified in the transcript only as
   “UNIDENTIFIED SPEAKER” — her identity was never disclosed to Mr. Williams
   during the interrogation.

   Bateman is named as “the decision-maker”:

           PASQUALE: “I can go to Meredith and Drew can go to Meredith and we
           can say, ‘Rico was totally transparent. He played ball.’ . . . And we can tell
           her that, and she can look at that. And, like I said, we’re not the decision-
           makers. She is.”

   (Tr. Lines 141-150.)

   First direct exchange with Bateman:

           UNIDENTIFIED SPEAKER: “Hey.”

           PASQUALE: “Do you want me to put you on mute, or do you want me to
           have that available in case you need to jump in, or just put you on mute?”

           UNIDENTIFIED SPEAKER: “No. Just put me on mute.”

   (Tr. Lines 208-214.)

   Mute fumble confirming her identity:

           SMITH: “You muted yourself, not Meredith. She has to mute.”

           PASQUALE: “I muted the wrong person, Meredith. Sorry. You have to mute
           yourself, Meredith.”

           SMITH: “God dang it.”

           UNIDENTIFIED SPEAKER: “I am going on mute.”

   (Tr. Lines 249-259.)

   Critically, Bateman was unmuted and on the speakerphone at the time of Invocation
   #1 (Lines 124-125). The mute exchange does not occur until Lines 208-259. AUSA
   Bateman therefore heard agents cut off Mr. Williams’s first attempt to invoke his
   right to counsel — and she took no corrective action.

Page 10-DEFENDANT’S MOTION TO                      WARREN & SUGARMAN
SUPPRESS STATEMENTS AND                                 Attorneys at Law
EVIDENCE, WITH INCORPORATED          838 SW First Avenue • Suite 200 • Portland, Oregon 97204
MEMORANDUM OF LAW                                      Tel (503) 228-6655
                                                      ernestwarrenlaw.com
   Case 3:23-cr-00067-IM          Document 153                 Filed 03/16/26              Page 11 of 25


    After going on mute at Line 259, there is no evidence in the transcript that Bateman
    disconnected from the call. The recording continues for approximately 6,476
    additional lines — over four more hours of interrogation — with no reference to
    Bateman hanging up or being disconnected.

    The agents actively concealed Bateman’s presence from Mr. Williams:

     1. Bateman is labeled “UNIDENTIFIED SPEAKER” in the transcript — never
        identified to Mr. Williams as the prosecutor.
     2. Pasquale presented “Meredith” as someone they would “go to” after the
        interview — not as someone already listening.
     3. The agents attempted to mute her so her presence would not be detected.
     4. Smith’s exasperation (“God dang it”) when the mute failed indicates they
        wanted her presence hidden.
     5. At no point was Mr. Williams informed: “The prosecutor is listening to this
        interview.”

    5. Coercive Interrogation Tactics

    The agents employed a coordinated pattern of coercive interrogation techniques
    throughout the 4.5-hour interview:

       • Pre-Miranda framing: Substantive discussion in the car before warnings.
       • Military identity exploitation: Agents built rapport by referencing
         Mr. Williams’s Marine Corps service, exploiting his military conditioning to
         follow authority.
       • “Now or never” false urgency: “This is that opportunity”; “won’t have a future
         opportunity.” (Tr. Lines 141-150.)
       • Minimization: “We’re not judging you”; “We know you’re not the head of the
         scheme.”
       • “Trust tests”: SA Pasquale explicitly framed early admissions as “trust tests”
         (Tr. Line 1045), weaponizing Mr. Williams’s honesty to extract progressively
         more damaging statements.
       • False cooperation promises: Agents promised that cooperation would
         influence charging decisions, while AUSA Bateman — the actual “decision-
         maker” — was already listening on the phone and had already filed the
         indictment.
       • Conditioning attorney access on evidence production: At Invocation #11,
         agents told Mr. Williams he must surrender evidence before calling his lawyer.
         (Tr. Lines 6614-6617.)

    Each of these tactics bears directly on the voluntariness analysis under Schneckloth
    v. Bustamonte, 412 U.S. 218, 226 (1973). The totality of the circumstances — a 4.5-
    hour interrogation by six agents, the exploitation of military conditioning, false
    cooperation promises, concealed prosecutorial participation, and the systematic
    denial of twelve attorney requests — establishes that Mr. Williams’s statements were
    not the product of a free and unconstrained choice.

    D. The Rule 5 Delay
    The timeline from arrest to first judicial appearance is as follows:
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      Event                     Date/Time                                        Source
      Arrest                    March 21, 2023, ~9:30 AM                         Arrest report
      Recorded interview
                                March 21, 2023, 10:46 AM                         Transcript
      begins
      Recorded interview
                                March 21, 2023, ~2:03 PM                         Transcript
      ends
      Held in San Diego
                                                                                 Not booked until
      County jail               March 21-22, 2023
                                                                                 morning
      overnight
      Booked into jail /
      Arrest warrant            March 22, 2023                                   ECF No. 73
      executed
      Rule 5 initial
      appearance (S.D.          March 23, 2023                                   ECF No. 6
      Cal.)
      Arraignment (D.
                                April 26, 2023                                   ECF No. 7
      Or., by video)

    Mr. Williams was arrested on March 21, 2023 at approximately 9:30 AM. After the
    4.5-hour interrogation, he was transported to the San Diego County jail, where he
    was held overnight without being booked. He was not booked into the jail until the
    following morning, March 22, 2023. He was not presented to a magistrate judge
    until March 23, 2023 — a delay exceeding 50 hours. The entire 4.5-hour
    interrogation was conducted during this period of unreasonable delay, and the
    government’s failure to even book Mr. Williams on the night of his arrest
    underscores that presentment was not a priority.

    There was no physical barrier to prompt presentment. A United States Magistrate
    Judge was available in the Southern District of California. The agents had
    Mr. Williams in custody, in a room, with a court reporter. They chose to interrogate
    rather than present. The government cannot claim that the delay was necessary for
    transportation to the charging district (Oregon), because Fed. R. Crim. P. 5(a)(1)(A)
    requires presentment before “the nearest available” magistrate judge — which in
    San Diego was the S.D. California Magistrate Judge.



    III. LEGAL STANDARD
    Pretrial motions to suppress statements are governed by Fed. R. Crim. P. 12(b)(3)
    (C). When a defendant moves to suppress statements obtained during custodial
    interrogation, the government bears the burden of proving by a preponderance of the
    evidence that the statements were lawfully obtained. Colorado v. Connelly, 479 U.S.
    157, 168 (1986); United States v. Crawford, 372 F.3d 1048, 1055 (9th Cir. 2004) (en
    banc). This burden rests on the government at all times — the defendant need not
    make an initial showing that the Constitution was violated, because it is the
    government that must affirmatively demonstrate the constitutionality of its conduct.
    See Miranda v. Arizona, 384 U.S. 436, 475 (1966) (“[T]he prosecution may not use

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      statements . . . stemming from custodial interrogation of the defendant unless it
      demonstrates the use of procedural safeguards effective to secure the privilege
      against self-incrimination.”).

      For statements obtained during custodial interrogation, the government must prove
      that Miranda warnings were properly given and that any waiver of rights was
      “voluntary, knowing, and intelligent.” Miranda v. Arizona, 384 U.S. 436, 444
      (1966). The voluntariness inquiry requires examination of “the totality of all the
      surrounding circumstances — both the characteristics of the accused and the details
      of the interrogation.” Schneckloth v. Bustamonte, 412 U.S. 218, 226 (1973).

      The Ninth Circuit has held that the government’s burden is particularly heavy when
      the evidence shows “a lengthy period of questioning, the defendant’s lack of access
      to counsel, and coercive police conduct.” United States v. Tingle, 658 F.2d 1332,
      1336 (9th Cir. 1981). When statements are obtained in violation of the Sixth
      Amendment right to counsel, the analysis is distinct from — and cumulative to —
      the Fifth Amendment Miranda framework. Jackson v. Denno, 378 U.S. 368 (1964).

      Where the defendant raises factual disputes concerning the circumstances of the
      interrogation, the court should hold an evidentiary hearing. United States v. Lares-
      Valdez, 939 F.2d 688, 690 (9th Cir. 1991).



      IV. ARGUMENT

      A. Ground One: The Entire Interview Must Be Suppressed Under
      the Sixth Amendment — Massiah v. United States

      1. The Right to Counsel Attached at Indictment

      The Sixth Amendment provides: “In all criminal prosecutions, the accused shall
      enjoy the right . . . to have the Assistance of Counsel for his defence.” U.S. Const.
      amend. VI. This right “attaches at the initiation of adversary judicial criminal
      proceedings — whether by way of formal charge, preliminary hearing, indictment,
      information, or arraignment.” Rothgery v. Gillespie County, 554 U.S. 191, 198
      (2008) (quoting Kirby v. Illinois, 406 U.S. 682, 689 (1972)).

      A sealed indictment triggers the Sixth Amendment right to counsel. As the Supreme
      Court held in Kirby, the right attaches once “the government has committed itself to
      prosecute” through “the filing of formal charges.” 406 U.S. at 689. A sealed
      indictment is a formal charge — it represents the grand jury’s determination that
      probable cause exists and the government’s commitment to prosecute. The fact that
      the indictment is sealed does not delay the attachment of the right; it merely delays
      the defendant’s knowledge of it.

      Here, the grand jury returned the sealed indictment on March 7, 2023. (ECF No. 1.)
      Mr. Williams’s Sixth Amendment right to counsel attached on that date — fourteen
      days before his arrest and interrogation on March 21, 2023. At the time of the
      interrogation, Mr. Williams was an indicted defendant.
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        2. The Government Deliberately Elicited Statements Without Counsel

        In Massiah v. United States, 377 U.S. 201 (1964), the Supreme Court held that “any
        secret interrogation of the defendant, from and after the finding of the indictment,
        without the protection afforded by the presence of counsel, contravenes the basic
        dictates of fairness in the conduct of criminal causes and the [Sixth Amendment]
        right to counsel.” Id. at 206 (quoting the trial court). The test is whether the
        government “deliberately elicited” incriminating statements from the defendant after
        the right to counsel attached. Id. at 206; United States v. Henry, 447 U.S. 264, 270
        (1980).

        The facts here present a Massiah violation far more egregious than the original case.
        In Massiah, the government used a cooperating co-defendant to secretly record the
        defendant. Here, the government:

           • Knew Mr. Williams was under indictment (AUSA Bateman filed the indictment
             herself on March 7, 2023);
           • Arrested Mr. Williams and brought him to an interrogation room;
           • Deployed six federal agents to conduct a 4.5-hour interrogation;
           • Connected AUSA Bateman — the very prosecutor who filed the indictment —
             to the interrogation via speakerphone;
           • Never informed Mr. Williams that he had been indicted;
           • Never informed Mr. Williams that the prosecutor was listening;
           • Presented cooperation as an opportunity to influence future charging decisions
             that had, in fact, already been made; and
           • Continued interrogating for hours despite twelve attempts by Mr. Williams to
             invoke his right to counsel.

        This is not a close case. This is not passive listening or indirect elicitation. This is
        the direct, deliberate interrogation of an indicted defendant by six law enforcement
        officers, with the prosecuting AUSA on the phone, without counsel present or even
        appointed.

        The Ninth Circuit has consistently applied Massiah to suppress statements
        deliberately elicited from indicted defendants. United States v. Hernandez, 574 F.2d
        1362, 1368-69 (9th Cir. 1978) (suppressing statements obtained from indicted
        defendant); United States v. Henley, 984 F.2d 1040, 1044 (9th Cir. 1993) (Massiah
        violated where government agents “deliberately elicited” statements post-
        indictment).

        In Fellers v. United States, 540 U.S. 519 (2004), the Supreme Court held that the
        Sixth Amendment is violated whenever law enforcement officers “deliberately
        elicit” information from an indicted defendant without counsel — even where the
        officers merely discuss the charges at the defendant’s home without formal
        interrogation. Id. at 524-25. Here, the government did far more than “discuss” — it
        conducted a full custodial interrogation.

        3. AUSA Bateman’s Knowledge and Participation Confirm Deliberate
        Elicitation

        The Massiah analysis is strengthened by the fact that AUSA Bateman — the lead
        prosecutor — was personally connected to the interrogation by speakerphone.
        Bateman filed the sealed indictment on March 7, 2023. She knew, beyond any
        doubt, that Mr. Williams was an indicted defendant at the time of the March 21
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        interview. Her presence on the call was not happenstance; she was identified as “the
        decision-maker” (Tr. Lines 141-150) and spoke on the line before being muted (Tr.
        Lines 208-259).

        The government cannot claim ignorance of Mr. Williams’s indicted status. The very
        AUSA who obtained the indictment participated in the interrogation. This eliminates
        any possible defense of good-faith mistake or lack of knowledge. See Brewer v.
        Williams, 430 U.S. 387, 400 (1977) (Sixth Amendment violation where police
        “deliberately and designedly set out to elicit information” from indicted defendant).

        4. The Remedy Is Suppression of All Statements

        Under Massiah, the remedy for deliberate elicitation of statements from an indicted
        defendant without counsel is suppression of all statements in the government’s case-
        in-chief. Kansas v. Ventris, 556 U.S. 586, 593-94 (2009) (statements obtained in
        violation of Massiah are inadmissible in the prosecution’s case-in-chief but may be
        used for impeachment).

        Critically, the Massiah remedy is broader than an Edwards remedy. Under Edwards,
        suppression typically begins at the point of invocation. Under Massiah, all
        statements are suppressible from the moment the Sixth Amendment attached
        — which was the moment of indictment on March 7, 2023. Because Mr. Williams
        was already indicted when the interview began, the entire interview — from the first
        word to the last — was obtained in violation of the Sixth Amendment.

        This distinction is dispositive. Even if this Court were to find that some of
        Mr. Williams’s attorney invocations were ambiguous (they were not), the Massiah
        analysis requires suppression of the entire interview regardless of when any
        particular invocation occurred.



        B. Ground Two: All Statements After the First Invocation Must Be
        Suppressed Under Edwards v. Arizona

        1. The Edwards Bright-Line Rule

        In Edwards v. Arizona, 451 U.S. 477 (1981), the Supreme Court established a bright-
        line rule: once a suspect in custody has “expressed his desire to deal with the police
        only through counsel,” the suspect “is not subject to further interrogation by the
        authorities until counsel has been made available to him, unless the accused himself
        initiates further communication, exchanges, or conversations with the police.” Id. at
        484-85. This rule is “designed to prevent police from badgering a defendant into
        waiving his previously asserted Miranda rights.” Michigan v. Harvey, 494 U.S. 344,
        350 (1990).

        The Edwards rule applies whether the underlying right invoked is the Fifth
        Amendment right to counsel (Miranda-based) or the Sixth Amendment right to
        counsel (Massiah-based). Minnick v. Mississippi, 498 U.S. 146, 153 (1990). Where,
        as here, both rights are implicated, the protections are cumulative.

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       2. Mr. Williams Invoked His Right to Counsel Twelve Times

       As documented in Section II.C.3 above, Mr. Williams attempted to invoke his right
       to counsel twelve separate times during the interview. The agents deflected,
       redirected, delayed, or ignored every invocation.

       The clearest invocation occurred at Line 2727: “I would prefer to do that with my
       attorney.” Mr. Williams was referring to Attorney Pride, a private attorney he had
       previously retained.

       This statement is unambiguous. It is not a question. It is not equivocal. It is a clear,
       affirmative expression of Mr. Williams’s desire to have his identified, existing
       counsel present. Under Smith v. Illinois, 469 U.S. 91, 98 (1984) (per curiam), “an
       accused’s postrequest responses to further interrogation may not be used to cast
       retrospective doubt on the clarity of the initial request itself.” Once this invocation
       occurred, all questioning was required to cease.

       The agents did not cease questioning. Instead, they immediately changed the
       subject: “Can we talk about Eric and Bayless? Can we move on to that piece?” (Tr.
       Line 2728.) The interrogation continued for approximately four more hours and four
       thousand additional lines of transcript.

       3. Even Arguably Ambiguous Invocations Required Clarification

       Under Davis v. United States, 512 U.S. 452 (1994), if a suspect’s reference to
       counsel is ambiguous or equivocal — “such that a reasonable officer in light of the
       circumstances would have understood only that the suspect might be invoking the
       right to counsel” — the officers are not required to cease questioning but should
       make “clarifying questions” before continuing the interrogation. Id. at 461-62.

       The Ninth Circuit has applied Davis to hold that officers who receive even an
       ambiguous request for counsel must clarify the defendant’s intent rather than simply
       ignoring the request and continuing interrogation. United States v. Rodriguez, 518
       F.3d 1072, 1079 (9th Cir. 2008); United States v. Ogbuehi, 18 F.3d 807, 813 (9th Cir.
       1994).

       Here, even if this Court were to find that some of the twelve invocations were
       ambiguous (which Defendant contests), the agents never made any attempt to
       clarify. Mr. Williams was not requesting appointment of unknown counsel — he was
       asking to call a specific, named attorney he had already retained. The existence of an
       identified attorney makes these invocations even less susceptible to the “ambiguity”
       defense under Davis. Instead, the agents employed a consistent pattern of immediate
       topic-switching — redirecting Mr. Williams to a new area of questioning each time
       he raised the subject of an attorney. This pattern demonstrates not ambiguity on
       Mr. Williams’s part, but a deliberate strategy by the agents to prevent him from
       completing his invocations.

       Invocation #1 (Line 124) is particularly significant: Mr. Williams was literally cut
       off mid-sentence. He said, “I don’t have an issue, but I would like to —” and SA
       Pasquale immediately interrupted. Mr. Williams was never permitted to finish his
       thought. Under the Ninth Circuit’s approach, “when a suspect makes an ambiguous
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         or equivocal reference to counsel, questioning may continue, but only to clarify
         whether the suspect is invoking the right to counsel.” United States v. Garibay, 143
         F.3d 534, 536 (9th Cir. 1998). Here, the agents did not clarify — they steamrolled.

         4. The Pattern of Twelve Invocations Establishes Systematic Denial

         Viewed in totality, the twelve invocations over 4.5 hours reveal a deliberate
         government strategy to extract maximum admissions before counsel could
         intervene:

            • Hours 1-2 (Invocations 1-3): Mr. Williams’s early attempts to invoke counsel
              were cut off or redirected. The agents established a pattern of deflection from
              the outset.

            • Hours 2-3 (Invocations 4-7): Mr. Williams became more direct in his requests,
              but agents consistently responded with “we just kind of want to get through
              this” or pivoted to new evidence topics.

            • Hours 3-4 (Invocations 8-12): Mr. Williams escalated to direct requests (“Can I
              call my attorney?”), which agents acknowledged (“You absolutely can”) but
              then continued questioning. At Invocation #11, agents explicitly conditioned
              attorney access on evidence surrender.

         No court has held that an interrogation may lawfully continue through twelve
         separate attorney invocations. The cumulative weight of these invocations — each
         deflected, each unanswered — eliminates any argument that Mr. Williams’s desire
         for counsel was ambiguous.

         5. Invocation #11 Constitutes Coercion Per Se

         At Lines 6614-6617, the following exchange occurred:

                MR. WILLIAMS: “Can I call my attorney? Because it’s on this —”

                AGENT: “Can you send this to us first? This is just kind of, like, a critical
                piece. Can you e-mail that to Drew first and then call?”

         The agents explicitly conditioned Mr. Williams’s access to Attorney Pride upon the
         prior surrender of evidence from his phone — specifically, a spreadsheet that a co-
         defendant had accidentally sent to Mr. Williams. This is not a mere deflection — it
         is the affirmative obstruction of the right to counsel. The government made attorney
         access contingent upon the defendant’s cooperation with the government’s evidence-
         gathering objectives. The agents subsequently seized Mr. Williams’s phone.

         No court has ever sanctioned conditioning a suspect’s right to counsel on evidence
         production. This demand is coercive per se, and any statements or evidence obtained
         after this point are independently suppressible regardless of the other Edwards
         violations.

         6. The Government Cannot Establish Reinitiation

         The government bears the burden of proving that Mr. Williams “initiated” further
         communication after invoking counsel. Edwards, 451 U.S. at 484-85. The
         government cannot meet this burden. The record shows that every time Mr. Williams
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     invoked his right to counsel, the agents — not Mr. Williams — initiated the next
     round of questioning by changing the subject and posing new questions.
     Mr. Williams responded to questions asked of him, as anyone in his position would.
     Responding to continued questioning does not constitute initiation. Smith v. Illinois,
     469 U.S. at 98.



     C. Ground Three: Pre-Miranda Statements Must Be Suppressed
     Under Missouri v. Seibert

     1. The Question-First Technique

     In Missouri v. Seibert, 542 U.S. 600 (2004), the Supreme Court held that the practice
     of interrogating a suspect without Miranda warnings, obtaining admissions, and then
     administering Miranda warnings and covering the same ground, renders the
     midstream warnings ineffective. The plurality held that “the question-first tactic
     effectively threatens to thwart Miranda’s purpose of reducing the risk that a coerced
     confession would be admitted.” Id. at 617. The key inquiry is whether “the facts
     here do not reasonably support a conclusion that the warnings given could have
     served their purpose.” Id. at 611-12.

     Justice Kennedy’s concurrence, which controls in the Ninth Circuit as the narrowest
     ground, held that midstream warnings are ineffective when the question-first
     technique was used “in a calculated way to undermine the Miranda warning.” Id. at
     622 (Kennedy, J., concurring). The Ninth Circuit has adopted Justice Kennedy’s test.
     United States v. Charley, 396 F.3d 1074, 1081 (9th Cir. 2005).

     2. The Evidence Establishes Deliberate Question-First Interrogation

     The agents questioned Mr. Williams in the car before administering Miranda
     warnings. When the recorded interview began, SA Pasquale immediately referenced
     the car conversation:

             “At the end of the day, like, what we were trying to talk about in the car
             and help you understand . . .”

     (Tr. Line 127.)

     And later in the interview:

             “Like I told you in the car, he loves numbers.”

     (Tr. Line 460.)

     These references establish three critical facts:

     First, the agents conducted a substantive pre-Miranda interrogation in the car. The
     phrase “what we were trying to talk about in the car” confirms that agents raised
     case-related topics before warnings were given.

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      Second, the agents deliberately used the car conversation as a foundation for the
      recorded interview. SA Pasquale’s immediate reference to the car conversation at the
      outset of the recorded interview demonstrates that the pre-Miranda questioning was
      not a casual exchange — it was the opening phase of a coordinated interrogation
      strategy.

      Third, the recorded interview was a continuation of the car interrogation. The same
      agent who spoke to Mr. Williams in the car (Pasquale) referenced those
      conversations during the recorded interview, demonstrating continuity of purpose.
      The reference to “he loves numbers” (Tr. Line 460) shows specific substantive
      content was discussed in the car — not just general pleasantries.

      3. No Curative Measures Were Employed

      Under Seibert, midstream Miranda warnings are ineffective unless accompanied by
      “curative measures” that make it clear to the suspect that the pre-warning statements
      cannot be used. Id. at 612 (plurality). The factors include “the completeness and
      detail of the questions and answers in the first round of interrogation, the
      overlapping content of the two statements, the timing and setting of the first and the
      second [round], the continuity of police personnel, and the degree to which the
      interrogator’s questions treated the second round as continuous with the first.” Id. at
      615.

      Here, every Seibert factor weighs in favor of suppression:

         • Overlapping content: The same topics discussed in the car were covered in the
           recorded interview.
         • Continuity of personnel: The same agents who questioned Mr. Williams in the
           car conducted the recorded interview.
         • Timing and setting: The car conversation transitioned directly into the
           recorded interview at the interview location.
         • No curative measures: No agent told Mr. Williams that the car conversation
           could not be used against him or that the Miranda warnings created a fresh start.
         • Continuity treatment: SA Pasquale explicitly treated the recorded interview as
           a continuation of the car conversation (“what we were trying to talk about in the
           car”).

      Under both the plurality’s totality approach and Justice Kennedy’s deliberate-
      circumvention test, the pre-Miranda car conversation and the subsequent “warned”
      statements must be suppressed.

      At minimum, any statements referencing topics first raised in the car must be
      suppressed as fruits of the pre-Miranda interrogation. More broadly, because the
      Miranda warnings were rendered ineffective by the question-first technique, all
      statements following the tainted warnings are suppressible.

      4. The Remedy Under Seibert

      Under Seibert, when the question-first technique is employed deliberately, the
      remedy is suppression of both the pre-Miranda statements and the post-Miranda
      statements that covered the same ground. Because the agents here used the car
      conversation as the foundation for the entire recorded interview — and because no
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        curative measures were employed — all statements from the March 21, 2023
        interview are suppressible under Seibert. This remedy operates independently of,
        and cumulatively with, the suppression required under Massiah and Edwards.



        D. Ground Four: Statements Obtained During Unreasonable Delay
        Must Be Suppressed Under Rule 5 and Corley v. United States

        1. The McNabb-Mallory Rule and Its Codification

        Federal Rule of Criminal Procedure 5(a)(1)(A) requires that “[a] person making an
        arrest within the United States must take the defendant without unnecessary delay
        before a magistrate judge.” This requirement reflects the “prompt presentment”
        principle established in McNabb v. United States, 318 U.S. 332 (1943), and Mallory
        v. United States, 354 U.S. 449 (1957). Under the McNabb-Mallory rule, confessions
        obtained during a period of “unnecessary delay” between arrest and presentment are
        inadmissible in federal court.

        Congress codified and modified this rule in 18 U.S.C. § 3501(c), which provides
        that a confession “shall not be inadmissible solely because of delay in bringing such
        person before a magistrate judge” if it is made “within six hours immediately
        following his arrest.” The Supreme Court interpreted this provision in Corley v.
        United States, 556 U.S. 303 (2009), holding that Section 3501(c) “establish[es] a
        safe harbor for confessions made within six hours of arrest” but that “a confession
        made outside the six-hour window may still be suppressed under the McNabb-
        Mallory rule.” Id. at 322. Both conditions must be satisfied — the safe harbor is a
        conjunctive test. Corley, 556 U.S. at 322. Even if the statements were made within
        six hours of arrest, they are not shielded if the delay in presentment was itself
        unnecessary.

        In other words, Corley establishes a two-part framework: (1) confessions made
        within six hours of arrest are presumptively admissible (subject to voluntariness);
        (2) confessions made outside the six-hour window are subject to suppression if
        obtained during “unnecessary delay.”

        2. The 50-Hour Delay Far Exceeds the Safe Harbor

        Mr. Williams was arrested on March 21, 2023 at approximately 9:30 AM. He was
        not presented before a magistrate judge until March 23, 2023. The delay between
        arrest and presentment exceeded 50 hours — more than eight times the 6-hour safe
        harbor.

        The interrogation itself began at 10:46 AM on March 21 — approximately 76
        minutes after arrest — and concluded at approximately 2:03 PM. The statements
        were therefore made between approximately 1.25 and 4.5 hours after arrest, which
        falls within the 6-hour window. However, the statements were obtained during a
        period of unnecessary delay that ultimately extended to 50+ hours. Under Corley,
        the safe harbor applies only where the confession was “voluntarily made” within the
        six-hour window and where the delay was not itself “unnecessary.” Id. at 322.

        Here, the delay was unnecessary. A United States Magistrate Judge was available in
        the Southern District of California, where Mr. Williams was arrested and
        interrogated. There was no impediment to presentment. The government chose to
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     Case 3:23-cr-00067-IM          Document 153                Filed 03/16/26                Page 21 of 25


      interrogate first and present later — precisely the abuse the prompt presentment
      requirement was designed to prevent. After the interrogation concluded, agents
      transported Mr. Williams to the San Diego County jail but did not even book him
      that evening. He was held overnight without being processed and was not booked
      until the following morning, March 22, 2023. This failure to book Mr. Williams on
      the night of his arrest — despite having completed the interrogation hours earlier —
      further demonstrates that presentment was not a government priority.

      The Supreme Court in County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991),
      held that a delay exceeding 48 hours is presumptively unreasonable under the Fourth
      Amendment. The 50-hour delay here exceeds even this generous outer limit.

      3. The Interrogation Was Conducted During and Because of the Delay

      The purpose of Rule 5 is to ensure that arrestees are brought promptly before a
      neutral magistrate who can inform them of their rights, set conditions of release, and
      appoint counsel. The agents deliberately chose to interrogate Mr. Williams rather
      than present him. The 4.5-hour interrogation was itself the cause of delay.

      The Fourth Circuit has held that where “the delay was for the purpose of
      interrogation,” suppression is appropriate even where the statements were made
      within six hours of arrest. United States v. Van Metre, 150 F.3d 339, 347 (4th Cir.
      1998). The Ninth Circuit has similarly held that “evidence of a deliberate choice to
      delay presentment for the purpose of continued interrogation supports suppression.”
      United States v. Wilson, 838 F.2d 1081, 1085 (9th Cir. 1988).

      Here, the government had no logistical reason for the 50-hour delay. Mr. Williams
      was arrested in San Diego County, where a federal magistrate was available. The
      arrest warrant had been issued by the District of Oregon, but Rule 5(a)(1)(A)
      requires presentment before “the nearest available” magistrate judge — not the
      issuing court’s magistrate. The agents chose to spend the first 4.5 hours interrogating
      Mr. Williams, then held him for an additional 45+ hours before presenting him to a
      magistrate. This delay was unnecessary by any measure.

      4. The Delay Supports Suppression Under 18 U.S.C. § 3501(c)

      Even if this Court finds that the statements fall within the 6-hour safe harbor, the
      broader delay demonstrates that the interview was part of a deliberate strategy to
      extract maximum information before counsel could be appointed. When the
      arrestee’s Rule 5 appearance is delayed by more than 50 hours and the interrogation
      is conducted at the front end of that delay, the “safe harbor” does not insulate the
      government from the broader McNabb-Mallory rule. Corley, 556 U.S. at 320 (“We
      hold that § 3501 modified McNabb-Mallory without supplanting it.”).

      The government cannot simultaneously maintain that the statements were made
      during a timely presentment process (safe harbor) and that a 50-hour delay before
      presentment was reasonable. The delay itself demonstrates that the agents’ priority
      was interrogation, not presentment.



Page 21-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND                          WARREN & SUGARMAN
EVIDENCE, WITH INCORPORATED                           Attorneys at Law
MEMORANDUM OF LAW                  838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                     Tel (503) 228-6655
                                                    ernestwarrenlaw.com
      Case 3:23-cr-00067-IM         Document 153                 Filed 03/16/26                 Page 22 of 25


      E. Ground Five: The AUSA’s Secret Presence Constitutes
      Prosecutorial Participation in Constitutional Violations

      1. The Significance of Prosecutorial Participation

      While the first four grounds independently require suppression, the AUSA’s
      participation in the interrogation constitutes an aggravating factor that goes to the
      appropriate remedy. As detailed in Section II.C.4, AUSA Meredith Bateman:

        1. Filed the sealed indictment against Mr. Williams on March 7, 2023 — and
           therefore knew he was an indicted defendant;

        2. Was connected to the interrogation room via speakerphone from the outset;

        3. Was unmuted during the critical early minutes of the interview, including when
           agents cut off Mr. Williams’s first attempt to invoke his right to counsel
           (Invocation #1, Line 124);

        4. Was presented to Mr. Williams not as the prosecutor already handling his case,
           but as a distant “decision-maker” whose favor could be earned through
           cooperation — when in fact charges had already been filed;

        5. Was the AUSA who would later use the statements obtained in this interview to
           prosecute Mr. Williams at trial;

        6. Heard agents deflect Mr. Williams’s attempt to invoke counsel and took no
           corrective action; and

        7. Was never identified to Mr. Williams as the prosecutor.

      2. Prosecutorial Duty to Prevent Constitutional Violations

      Under DOJ guidelines, prosecutors have an obligation not to participate in or
      condone constitutional violations during interrogations. See DOJ Manual § 9-13.230
      (governing participation in witness interviews). Under Oregon RPC 4.2 and ABA
      Model Rule 4.2, prosecutors are prohibited from communicating with represented
      persons about the subject of the representation without counsel’s consent. While
      counsel had not yet been appointed at the time of the March 21 interview, the
      Massiah right to counsel had already attached by virtue of the indictment.

      AUSA Bateman’s presence during the interrogation of an indicted defendant without
      counsel present — an interrogation she knew was being conducted in violation of
      Massiah — constitutes prosecutorial ratification of the constitutional violations.
      Whether Bateman remained on the line throughout or disconnected after going on
      mute, she was present during the critical early phase of the interview when the
      foundational constitutional violations occurred, including the interrupted first
      invocation of counsel.

Page 22-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND                            WARREN & SUGARMAN
EVIDENCE, WITH INCORPORATED                             Attorneys at Law
MEMORANDUM OF LAW                    838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                       Tel (503) 228-6655
                                                      ernestwarrenlaw.com
       Case 3:23-cr-00067-IM          Document 153              Filed 03/16/26            Page 23 of 25


        3. The Remedy — Full Suppression

        Where prosecutorial misconduct aggravates underlying constitutional violations,
        courts have imposed broader remedial measures. The government’s conduct here
        was not merely overzealous law enforcement — it was a coordinated operation
        involving the lead AUSA, six agents from four agencies, and a 4.5-hour
        interrogation of an indicted, unrepresented defendant.

        The presence of the AUSA strengthens the case for full suppression rather than
        partial suppression. The government may argue that only statements made after
        specific invocations should be suppressed. But AUSA Bateman’s knowledge that
        Mr. Williams was indicted, her secret presence during the interrogation, and her
        failure to halt the interview despite witnessing constitutional violations demonstrate
        that the entire interview was infected by prosecutorial complicity. Under these
        circumstances, partial suppression — which would reward the government for
        stopping one violation while committing another — would be an inadequate remedy.



        V. REQUEST FOR EVIDENTIARY HEARING
        Mr. Williams respectfully requests an evidentiary hearing on this motion. An
        evidentiary hearing is warranted where the defendant raises issues of material fact
        that cannot be resolved on the existing record. United States v. Howell, 231 F.3d
        615, 620 (9th Cir. 2000).

        The following factual disputes require live testimony:

        First, the pre-Miranda car conversation. The government has produced no
        recording, notes, or documentation of the conversation that occurred during
        Mr. Williams’s transport from the point of arrest to the interview location. The
        content and scope of this conversation are material to the Seibert analysis and can
        only be established through testimony of the agents who were present.

        Second, AUSA Bateman’s presence and departure. The transcript confirms that
        Bateman was connected via speakerphone and went on mute at approximately Line
        259. Whether she remained on the line for the duration of the interview, whether she
        heard subsequent attorney invocations, and whether she provided any guidance to
        the agents are factual questions that bear on the prosecutorial participation analysis.

        Third, the agents’ motive for concealing AUSA Bateman’s identity. The transcript
        shows that agents referred to Bateman as “Meredith” and “the decision-maker” but
        never identified her to Mr. Williams as the AUSA handling his case. The agents’
        motive for this concealment is relevant to the deliberate elicitation analysis under
        Massiah and to the question-first analysis under Seibert.

        Fourth, whether agents were aware of the sealed indictment. The Massiah violation
        requires proof that the government deliberately elicited statements from an indicted
        defendant. AUSA Bateman’s knowledge of the indictment is established by the fact
        that she filed it. Whether the agents were also informed of the indictment’s existence
        — and thus knew they were interrogating an indicted defendant — requires
        testimony.
Page 23-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND                           WARREN & SUGARMAN
EVIDENCE, WITH INCORPORATED                            Attorneys at Law
MEMORANDUM OF LAW                   838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                      Tel (503) 228-6655
                                                     ernestwarrenlaw.com
    Case 3:23-cr-00067-IM         Document 153               Filed 03/16/26              Page 24 of 25


    Fifth, the completeness of the transcript. The transcript begins at 10:46 AM.
    Mr. Williams was arrested at approximately 9:30 AM. The events between arrest and
    the start of the recorded interview — approximately 76 minutes — are not
    documented in the record.



    VI. CONCLUSION
    For the foregoing reasons, Defendant Fredrico Antoine Williams respectfully
    requests that this Court:

      1. Suppress all statements made by Mr. Williams during the March 21, 2023
         custodial interview, including all statements made during the pre-Miranda car
         conversation and the recorded interview from 10:46 AM to 2:03 PM;

      2. Suppress all derivative evidence obtained as a result of the statements,
         including but not limited to any evidence identified, located, or obtained based
         on information Mr. Williams provided during the interrogation;

      3. Suppress all fruits of the constitutional and statutory violations under the
         doctrine of Wong Sun v. United States, 371 U.S. 471 (1963);

      4. In the alternative, if the Court does not find that the Massiah violation requires
         suppression of the entire interview, suppress all statements made after
         Mr. Williams’s first unambiguous invocation of counsel at Line 2727 (“I would
         prefer to do that with my attorney”) under Edwards v. Arizona;

      5. In the further alternative, suppress all statements made after Mr. Williams’s
         first invocation attempt at Line 124 (“I don’t have an issue, but I would like to
         —”), which was interrupted by agents before completion;

      6. Grant an evidentiary hearing on the factual issues identified in Section V; and

      7. Grant such other and further relief as the Court deems just and proper.


 DATED this 16th day of March, 2026.

                                                 WARREN & SUGARMAN

                                                 /s/Ernest Warren, Jr., OSB No. #891384.

                                                 Attorney for Defendant Fredrico Williams




Page 24-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND
EVIDENCE, WITH INCORPORATED
MEMORANDUM OF LAW
                                                    WARREN & SUGARMAN
                                                         Attorneys at Law
                                      838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                                        Tel (503) 228-6655
                                                       ernestwarrenlaw.com
     Case 3:23-cr-00067-IM            Document 153               Filed 03/16/26       Page 25 of 25




                                CERTIFICATE OF SERVICE


I Ernest Warren, Jr., hereby certify that, on March 16, 2026, I made service of
Defendant’s Motion to Suppress Statements and Evidence, with Incorporated
Memorandum of Law. enclosed herein with the Clerk of the U.S. District Court,
District of Oregon in the attached matter upon the parties listed below by notice of
electronic filing using the CM/ECF PACER Electronic Filing System as follows, and
filed the original with the Court on the date listed below:


AUSA Meredith Bateman
United States Attorney's Office
1000 SW Third Avenue, Ste. 600
Portland, OR 97204
Ph: 503-727-1000
Email: Meredith.Bateman@usdoj.gov




DATED this 16th day of March, 2026.



                                                      WARREN & SUGARMAN


                                                      /s/ Ernest Warren, Jr., OSB No. 891384
                                                      838 SW 1st Avenue, Suite 200
                                                      Portland, Oregon 97204
                                                      Telephone: (503) 228-6655
                                                      Email: e.warren@ernestwarrenlaw.com

                                                      Attorney for defendant Fredrico Williams



Page 25-DEFENDANT’S MOTION TO
SUPPRESS STATEMENTS AND
EVIDENCE, WITH INCORPORATED
MEMORANDUM OF LAW
                                         WARREN & SUGARMAN
                                              Attorneys at Law
                           838 SW First Avenue • Suite 200 • Portland, Oregon 97204
                                              Tel (503) 228-6655
                                            ernestwarrenlaw.com


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