Free Motion to Preclude - District Court of California - California

Case 3:07-cr-03027-LAB

Document 11

Filed 11/26/2007

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JOSEPH M. McMULLEN California State Bar No. 246757 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5030 Telephone: (619) 234-8467 Email: [email protected] Attorneys for Ms. Lyons-Hines

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY ALAN BURNS) UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL CURTIS KOZY (1), ELIZABETH ANN LYONS-HINES (2), Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07CR3027-LAB DATE: December 17, 2007 TIME: 2:00 p.m. NOTICE OF MOTIONS AND MOTIONS TO: (1) PRECLUDE THE PROSECUTION FROM PROCEEDING UNDER AN AIDING AND ABETTING THEORY ON ANY OF THE COUNTS; SEVERE MS. LYONS-HINES' TRIAL FROM MR. KOZY'S TRIAL TO AVOID UNFAIR PREJUDICE; COMPEL DISCOVERY / PRESERVE EVIDENCE; PRESERVE AND REWEIGH NARCOTICS EVIDENCE; DISMISS THE INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY; SUPPRESS MS. LYONS-HINES' STATEMENTS PURSUANT TO MIRANDA AND 18 U.S.C. § 3501; GRANT LEAVE TO FILE FURTHER MOTIONS.

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TO:

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KAREN P. HEWITT, UNITED STATES ATTORNEY, AND LUELLA CALDITO, ASSISTANT UNITED STATES ATTORNEY:

Case 3:07-cr-03027-LAB

Document 11

Filed 11/26/2007

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PLEASE TAKE NOTICE that on December 17, 2007, at 2:00 p.m. or as soon thereafter as counsel may be heard, the defendant, Elizabeth Ann Lyons-Hines, by and through her counsel, Joseph M. McMullen and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. MOTIONS The defendant, Elizabeth Ann Lyons-Hines, by and through her attorneys, Joseph McMullen and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order to: (1) preclude the prosecution from proceeding under an aiding and abetting theory on any of the counts; (2) severe Ms. Lyons-Hines' trial from Mr. Kozy's trial to avoid unfair prejudice; (3) compel discovery / preserve evidence; (4) preserve and reweigh narcotics evidence; (5) dismiss the indictment due to misinstruction of the grand jury; (6) suppress Ms. Lyons-Hines' statements pursuant to Miranda and 18 U.S.C. § 3501; (7) grant leave to file further motions. These motions are based upon the instant motions and notice of motions, the attached statement of facts and memorandum of points and authorities, and all other materials that may come to this Court's attention at the time of the hearing on these motions. Respectfully submitted, /s/ Joseph M. McMullen JOSEPH M. McMULLEN Federal Defenders of San Diego, Inc. Attorneys for Ms. Lyons-Hines

Dated: November 26, 2007

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07CR3027-LAB