Free Motion for Discovery - District Court of California - California

Case 3:08-cr-00682-JLS

Document 62

Filed 04/14/2008

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STEPHEN P. WHITE Attorney at Law California State Bar No. 125276 101 W. Broadway, Suite 1950 San Diego, California 92101 Telephone: (619) 702-3753 Fax: (619) 238-9914 Attorney for Defendant Lorenzo Pecararo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
(HONORABLE JANIS L. SAMMARTINO) UNITED STATES OF AMERICA, Plaintiff, v. LORENZO PECARARO, Defendant. ) ) ) ) ) ) ) ) ) ) Criminal Case No. 08-CR-0682-JLS Date: April 18, 2008 Time: 1:30 p.m. NOTICE OF MOTIONS AND MOTIONS FOR (1) DISCOVERY; AND 2) TO FILE FURTHER MOTIONS

TO:

Karen Hewitt, UNITED STATES ATTORNEY Stephen Frederick Miller, ASSISTANT UNITED STATES ATTORNEY PLEASE TAKE NOTICE that on April 18, 2008, at 1:30 P.M., or as soon thereafter as

19 counsel may be heard, defendant LORENZO PECARARO, by and through his counsel Stephen 20 P. White, will respectfully move the Court for an order to grant the motions as set forth below. 21 MOTIONS 22 Defendant LORENZO PECARARO, by and through his counsel Stephen P. White, 23 hereby moves this Court, pursuant to Rules 12 and 16 of the Federal Rules of Criminal 24 Procedure, the Jencks Act (18 U.S.C. § 3500), Brady v. Maryland, 373 U.S. 83 (1963), and its 25 progeny, the Fourth, Fifth, and Sixth Amendments to the Constitution of the United States, and 26 the general supervisory powers of this Court, for an Order compelling the Government to 27 disclose, or in the case of tangible evidence, to produce for inspection and copying, all evidence 28 08cr-0682 1

Case 3:08-cr-00682-JLS

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and information in the possession, custody or control of the Government which may be favorable to the defendant, or material on the issue of guilt or innocence, or which could lead to material evidence, or evidence or information which could be useful in the examination of witnesses at trial; and for disclosure and inspection of the information requested in the attached memorandum of points and authorities. Furthermore, pursuant to the Court's inherent supervisory power, defendant further moves this Court to allow defendant to file further motions on the grounds that other motions cannot be adequately addressed at this time due to the voluminous discovery in this case. It may be necessary to file additional motions at a later date. Therefore, it is requested that defendant be allowed to file further motions at a later date. This motion is based upon this notice of motion, the accompanying memorandum of points and authorities, the records and files in the instant case, and on any and all other matters that may be presented to this Court prior to or at the time of the hearing of said motion.

Dated: April 14, 2008

s/Stephen P. White STEPHEN P. WHITE Attorney for Defendant LORENZO PECARARO

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