IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
:
v. :
: CRIMINAL NO. 9x-290(EGS)
xxxxxxxxx, :
:
Defendant. :
______________________________:
MOTION FOR SEVERANCE OF DEFENDANTS
AND INCORPORATED MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT THEREOF
xxxxxxxx, through undersigned counsel, respectfully moves this Honorable Court, pursuant to Federal Rule of Criminal Procedure 14, his rights to fundamental fairness and to a fair trial embodied in the Fifth and Sixth Amendments to the United States Constitution, for a severance of his trial from that of his codefendant xxxxxxxx.
As grounds for this motion, Ms. xxxxx, through counsel states:
1. Ms. xxxwas arrested on, and charged with carrying a pistol without a license and possession of unregistered ammunition, in violation of Sections 3204(a), 2811(a) and 2361(3) of the District of Columbia Code.
2. Ms. xxxis charged in the indictment with Mr. xx.
3. Ms. xxxx, through undersigned counsel, wishes to call Mr. xxxx as a defense witness at her motion hearing.
ARGUMENT
Ms. xxxwill be prejudiced if she is forced to trial with Mr. Bey. In Bruton v. United States, 391 U.S. 123 (1968) the Supreme Court recognized that an accused's right to cross-examination, as embodied in the Sixth Amendment, is violated by introduction of a statement by a co-defendant implicating the accused when that co-defendant elects not to testify. Cf. United States v. Coachman, 727 F.2d 1293, 1296-1297 (D.C. Cir. 1984). Moreover, the Supreme Court recognized the inadequacy of jury instruction to cure any prejudice from the introduction of such statements. 391 U.S. at 129 ("The naive assumption that prejudicial effects can be overcome by instructions to the jury ... all practicing lawyers know to be unmitigated fiction.'") (citing Krulewitch v. United States, 336 U.S. 440, 453 (Jackson, J., concurring)).
Redaction of the co-defendants' statements to limit any references to Mr. Anderson would be inadequate in this case since the jury nonetheless would infer that references had been made to Mr. Anderson. Serio v. United States, 401 F.2d 989 (D.C. Cir. 1968).
WHEREFORE, for all the foregoing reasons, and for any other reasons this Court may deem just and proper, and which may appear in supplemental pleadings, which Mr. xxxxxx explicitly reserves the right to file, Will xxxxx, through counsel, respectfully requests that this motion be granted and that his trial be severed from that of Messrs. Gainey and Johnson.
Respectfully submitted,
Santha Sonenberg
Assistant Federal Public Defender
On Behalf of Will Anderson
625 Indiana Avenue, N.W.
Washington, D.C. 20004
(202) 208-7500
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion For Severance of Defendants and Incorporated Memorandum of Points and Authorities In Support Thereof has been served by telecopier as well as by first-class postage pre-paid mail upon the Office of the United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001 this 31st day of March, 1994 for Assistant United States Attorney Theodore Shmanda and has been served by first-class postage pre-paid mail upon Jonathan Zucker, Counsel for Lawrence Johnson, 2001 S Street, N.W., Washington, D.C. 20009, and Joseph Conte, Counsel for Lamont Gainey, 601 Pennsylvania Avenue, N.W. Suite #900 Washington, D.C. 20004.
Santha Sonenberg
xxxx A. xxxxxx, through undersigned counsel, respectfully
moves this Honorable Court, for a continuance of the motion hearing date presently scheduled for to a date mutually convenient to the Court, the government and xxxx A. xxx, and her counsel because an essential defense witness is not able to appear at Ms. xxx motions hearing until after his
As grounds for this Motion, Ms. xxxxs, through undersigned counsel, states:
1. Ms. xxxis charged by indictment with , in violation of .
2. Ms. xxxwas arraigned in this case on May 10, 1991, at which time a motion hearing date of 16 September 1997 (?) was set.
3. On undersigned counsel found that in the progress of her development of Ms. xxxxxxx case, that a key witness included her codefendant, Mr. xxxxxxxxx
6. On undersigned counsel filed a motion to sever on the grounds that Ms. xxxrequires Mr. Bey's testimony at her motion hearing. Undersigned counsel advised the Assistant United States Attorney to whom this case is assigned, Diane Epps, that a continuance would be sought. Ms. Epps advised undersigned counsel that the government would not oppose a brief continuance.
WHEREFORE for all the foregoing reasons, any other which may appear at a full hearing on this matter or in supplemental pleadings, which Ms. specifically reserves the right to file, and for any other reasons this Court deems just and proper, xxxx A. xxxxxxx, through undersigned counsel, respectfully requests that this Motion be granted and that her September 16, 1997, motion hearing date be continued until after Mr. xxxxxxx trial.
Respectfully submitted,
Valencia Rainey
Assistant Federal Public Defender
On Behalf of xxxx A. xxx
625 Indiana Avenue, N.W.
Washington, D.C. 20004
(202) 208-7500
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion To Continue Motions Hearing and the Incorporated Memorandum of Points and Authorities In Support Thereof has been personally served upon the Office of the United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001 this 12th day of September, 1997, for Assistant United States Attorney Diane Epps, Esq., by leaving a copy in the box designated for the United States Attorney's Office in the clerk's office of the United States District Court for the District of Columbia.
Valencia Rainey
Assistant Federal Public Defender