Free Other Notice - District Court of Arizona - Arizona


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Date: October 20, 2005
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State: Arizona
Category: District Court of Arizona
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Brian F. Russo (018594)
Attorney at Law 111West Monroe St., Ste. 1212 Phoenix, Arizona 85003 (602) 340-1133 Telephone (602) 258-9179 Facsimile Attorney for Defendant Robert Johnston

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIOZNA

UNITED STATES OF AMERICA, Plaintiff, vs. ROBERT J. JOHNSTON, Defendant.

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Case No. CR03-1167-PHX-DGC DEFENDANT'S OBJECTION TO GOVERNMENT'S REDACTED AMENDED EX PARTE MEMORANDUM IN SUPPORT OF CERTIFICATION OF COMPLIANCE WITH RULE 16

COMES NOW the defendant ROBERT JOHNSTON by and through counsel, BRIAN F. RUSSO and hereby objects to the filing by the government in support of certification of compliance with Rule 16. The government originally filed its Motion Ex Parte. This is wholly improper and was not the appropriate mechanism for protection of confidential informant information. Further, the Court ordered the government to appear and certify, not file an ex parte memorandum. Nonetheless, the timing of the Redacted Amended version does not provide the defendant the opportunity to Respond in writing. The government filed its latest Motion on the evening of October 19, 2005 for a hearing set for October 21, 2005. The government's brief makes many false claims and unsupported allegations concerning the attorneys in this case and their clients. The defense should be permitted to file a written Response prior to being required to respond orally in court.

Case 2:03-cr-01167-DGC

Document 853

Filed 10/20/2005

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Therefore, the defendant requests that the court either strike the government's memorandum or vacate the hearing set for October 21, 2005 and provide the defense an opportunity to file a written Response and adequately prepare for oral response in court. RESPECTFULLY SUBMITTED this 20th day of October, 2005.

/s/Brian F. Russo Brian F. Russo Attorney for Robert Johnston Copy of the foregoing delivered electronically this 20th day of October, 2005 to: Keith Vercauteren & Time Duax Assistant US Attorneys All Defense Counsel /s/

Case 2:03-cr-01167-DGC

Document 853

Filed 10/20/2005

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