Free Motion to Sever Defendant - District Court of Delaware - Delaware

Case 1:05-cr-00036-JJF

Document 29-3

Filed 06/14/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. : : : Cr.A.No. 05-36 : : NOTICE OF MOTION TO: U.S. Department of Justice United States Attorney's Office District of Delaware Attention: April Byrd, Esquire 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, Delaware 19899-2046 PLEASE TAKE NOTICE that the attached Motion to Sever will be presented to the Court at its earliest convenience. LAW OFFICE OF EDWARD C. GILL, P.A.

__/s/________________ Edward C. Gill, Esquire Attorney for Defendant Bar No. 2112 P.O. Box 824 Georgetown, DE 19947 854-5400 DATED: June 15, 2005

Case 1:05-cr-00036-JJF

Document 29-3

Filed 06/14/2005

Page 2 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. : : : Cr.A.No. 05-36 : : MOTION TO SEVER NOW COMES the Defendant, Robert Cooke, by and through his attorney, and respectfully represents: 1. That defendant Robert Cooke is charged in Counts 1 through 4 of the indictment with being involved in a conspiracy to possess and distribute marijuana. 2. That defendant is charged in Count 7 of the

Indictment with operating a business which was allegedly selling drug paraphernalia. 3. That there is no relationship between the alleged drug paraphernalia business and the marijuana

distribution scheme. 4. That it would cause undue confusion and prejudice to the defendant evidence to allow the one government set of to

present

concerning

these

charges in the trial of the other charge. 5. That it would unduly prejudice the defendant's right to testify in his own trial in that he may choose to testify with regards to one set of these

Case 1:05-cr-00036-JJF

Document 29-3

Filed 06/14/2005

Page 3 of 4

incidents but may wish not to testify with regards to the other set. WHEREFORE, defendant respectfully moves that Count 7 of the indictment be severed from the other counts for purposes of trial.

LAW OFFICE OF EDWARD C. GILL, P.A. /s/ Edward C. Gill, Esquire Bar I.D. 2112 Attorney for Defendant P.O. Box 824 Georgetown, DE 19947 854-5400 DATED: June 15, 2005

Case 1:05-cr-00036-JJF

Document 29-3

Filed 06/14/2005

Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. ORDER After having carefully considered Defendant's Motion to Sever, it is hereby ordered that Count 7 of the indictment is severed from the other counts for purposes of trial. : : : Cr.A.No. 05-36 : :

___________________ Judge DATED: