IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION
UNITED STATES OF AMERICA, : Case No. 92-
(Honorable T. Gregory Wehrman,
Plaintiff, : Magistrate Judge)
-vs- :
xxxxxxxxxxx, Aka., :
xxxxxxxxxxxxx,
:
Defendant.
:
DEFENDANT'S MOTION FOR AN EX PARTE AND IN CAMERA HEARING WITH MAGISTRATE JUDGE WEHRMAN AND MEMORANDUM IN SUPPORT INCLUDING AFFIDAVIT OF MARTIN S. PINALES
Comes now Defendant xxxxxxxx, aka xxxxxxxxx, by and through counsel, and moves this Court
for an ex parte and in camera meeting between the Magistrate Judge and counsel for
defendant immediately after the arraignment in this case. The grounds for this motion are
more fully set forth in the attached memorandum and affidavit of Martin S. Pinales.
Respectfully submitted,
SIRKIN, PINALES, MEZIBOV & SCHWARTZ
__________________________________________
MARTIN S. PINALES Ohio Bar No. 0024570
920 Fourth & Race Tower
105 W. Fourth Street
Cincinnati, Ohio 45202-2776
Telephone (513) 721-4876
Attorney for Defendant
MEMORANDUM
Counsel for defendant has learned of certain information by way of conversations with defendant and has verified this information by his own investigations. Counsel for defendant believes that it is in the interests of justice as well as in the defendant's best interests that this Court should be advised of some of this information. The attorney-client privilege and the attorney work-product privilege are clearly implicated by this information, and for that reason counsel has taken the unusual step of requesting a meeting with the Magistrate Judge outside the presence of the attorney for the United States.
Counsel avers that he has not requested this meeting to gain a strategic advantage in this case and nothing in violation of either the canons of ethics or the rules of ethical conduct will be discussed in the meeting with the Magistrate Judge.
CONCLUSION
For all the foregoing reasons, Defendant requests that this Court grant his counsel an ex parte, in camera meeting immediately after the arraignment of this case.
Respectfully submitted,
SIRKIN, PINALES, MEZIBOV & SCHWARTZ
__________________________________________
MARTIN S. PINALES
Ohio Bar No. 0024570
920 Fourth & Race Tower
105 W. Fourth Street
Cincinnati, Ohio 45202-2776
Telephone (513) 721-4876
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion was hand delivered to the offices of Frederick A. Stine, Covington, Kentucky 41012, on this ____ day of September, 1992.
__________________________________________
MARTIN S. PINALES
Ohio Bar No. 0024570
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
COVINGTON DIVISION
UNITED STATES OF AMERICA, : Case No. 92-
(Honorable T. Gregory Wehrman,
Plaintiff, : Magistrate Judge)
-vs- :
xxxxxxxxx, Aka., :
xxxxxxxxxxxxxxxx,
:
Defendant.
:
AFFIDAVIT OF xxxxxxxxxxxxxx
STATE OF OHIO )
) SS:
COUNTY OF HAMILTON )
Comes now xxxxxxxxx, being first duly cautioned and sworn, and deposes and avers that:
1. I am the attorney of record for Defendant in the above-captioned case.
2. Counsel for defendant has learned of certain information by way of conversations with defendant and has verified this information by his own investigations.
3. Counsel for defendant believes that it is in the interests of justice as well as in the defendant's best interests that the Court be made aware of some of this information.
4. The attorney-client privilege and the attorney work-product privilege are clearly
implicated by this information, and for that reason counsel has taken the unusual step of
requesting a meeting with the Magistrate Judge outside the presence of the attorney for
the United States.
5. Counsel avers that he has not requested this meeting to gain a strategic advantage in this case and nothing in violation of either the canons of ethics or the rules of ethical conduct will be discussed in the meeting with the Magistrate Judge.
FURTHER AFFIANT SAYETH NAUGHT.
____________________________________
xxxxxxxxxxxxxxx
Sworn to and subscribed in my presence this ____ day of September, 1992.
____________________________________
NOTARY PUBLIC
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Affidavit was hand delivered to the offices of Frederick A. Stine, Covington, Kentucky 41012, on this ____ day of September, 1992.
__________________________________________
xxxxxxxxxxxxxxxxxx
Ohio Bar No. 0024570