Free Motion for Joinder - District Court of California - California

Case 3:07-cr-03027-LAB

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ROBERT E. BOYCE State Bar No. 79806 BOYCE & SCHAEFER 934 23rd Street San Diego, CA 92102 (619) 232-3320 Attorney for Defendant MICHAEL CURTIS KOZY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) ) Plaintiff, ) ) ) v. ) ) MICHAEL CURTIS KOZY (1) ) ELIZABETH ANN LYONS-HINES (2), ) ) ) Defendants. ) ___________________________________ ) I. STATEMENT OF FACTS Co-defendant, Michael Curtis Kozy, adopts the statement of facts set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. II. THIS COURT SHOULD PRECLUDE THE PROSECUTION FROM PROCEEDING UNDER AN AIDING AND ABETTING THEORY ON ANY OF THE COUNTS Co-defendant, Michael Curtis Kozy, adopts the point and authorities set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. /// /// -1Case No. 07CR3027-LAB Date: December 17, 2007 Time: 2:00 p.m. STATEMENT OF FACTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT KOZY'S MOTION FOR JOINDER

Case 3:07-cr-03027-LAB

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Filed 12/06/2007

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III. MR. KOZY'S CASE SHOULD BE SEVERED FROM MS. LYONS-HINES' TO AVOID UNFAIR PREJUDICE AT TRIAL Co-defendant, Michael Curtis Kozy, adopts the points and authorities set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. Specifically, Mr. Kozy's Sixth Amendment right to confront and cross-examine witnesses would be violated in a joint trial because the government may seek to introduce the video taped interview of co-defendant Elizabeth Ann Lyons-Hines with government agents at the time of her arrest which incriminate Mr. Kozy. Crawford v. Washington, 541 U.S. 36 (2004). IV. MOTION TO COMPEL DISCOVERY/PRESERVE EVIDENCE Co-defendant, Michael Curtis Kozy, adopts the point and authorities set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. V. MOTION TO PRESERVE AND RE-WEIGH NARCOTIC EVIDENCE Co-defendant, Michael Curtis Kozy, adopts the point and authorities set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. VI. MOTION TO DISMISS THE INDICTMENT DUE TO MISINSTRUCTION OF THE GRAND JURY Co-defendant, Michael Curtis Kozy, adopts the point and authorities set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. VII. MOTION TO SUPPRESS MR. KOZY'S STATEMENTS PURSUANT TO MIRANDA AND 18 U.S.C. § 3501 Co-defendant, Michael Curtis Kozy, adopts the point and authorities set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. /// -2-

Case 3:07-cr-03027-LAB

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Filed 12/06/2007

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VIII. LEAVE TO FILE FURTHER MOTIONS Co-defendant, Michael Curtis Kozy, adopts the point and authorities set out in co-defendant Elizabeth Ann Lyons-Hines' Memorandum of Points and Authorities. IX. CONCLUSION For the reasons stated above, Mr. Kozy requests that this Court grant his motions. Respectfully submitted,

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Dated: December 6, 2007 /s/ Robert E. Boyce ROBERT E. BOYCE Attorney for Defendant MICHAEL CURTIS KOZY