Filed: Jun. 19, 2015
Latest Update: Jun. 19, 2015
Summary: PRETRIAL ORDER NO. 1 AT THE CONCLUSION OF PRETRIAL CONFERENCE YVONNE GONZALEZ ROGERS , District Judge . On June 12 and 16, 2015, the Court held a Pretrial Conference in the above referenced matter. Damali Taylor and Joseph Alioto appeared on behalf of the United States of America. Defendant Sleugh appeared with counsel of record Paul F. DeMeester. Having considered the filings to date and the arguments and other submissions at the Pretrial Conference, for good cause shown the Court enters a
Summary: PRETRIAL ORDER NO. 1 AT THE CONCLUSION OF PRETRIAL CONFERENCE YVONNE GONZALEZ ROGERS , District Judge . On June 12 and 16, 2015, the Court held a Pretrial Conference in the above referenced matter. Damali Taylor and Joseph Alioto appeared on behalf of the United States of America. Defendant Sleugh appeared with counsel of record Paul F. DeMeester. Having considered the filings to date and the arguments and other submissions at the Pretrial Conference, for good cause shown the Court enters an..
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PRETRIAL ORDER NO. 1 AT THE CONCLUSION OF PRETRIAL CONFERENCE
YVONNE GONZALEZ ROGERS, District Judge.
On June 12 and 16, 2015, the Court held a Pretrial Conference in the above referenced matter. Damali Taylor and Joseph Alioto appeared on behalf of the United States of America. Defendant Sleugh appeared with counsel of record Paul F. DeMeester. Having considered the filings to date and the arguments and other submissions at the Pretrial Conference, for good cause shown the Court enters and confirms the following orders for trial which will begin with jury selection on June 29, 2015 and evidence on July 6, 2015. Court will be in session Mondays through Fridays from 8:00 am to 1:30 pm with evidence presentation to the jury commencing daily at 8:30 am.
1. Witnesses: The parties are limited to calling the witnesses included on witness lists to be filed no later than Monday, June 22, 2015. Upon a showing of good cause, including for rebuttal or impeachment purposes, additional witnesses will be allowed only by Court order. The defendant need not identify himself as a potential witness until immediately preceding the resting of the defense.
2. Exhibits and Exhibit Lists: The parties are limited to using the Exhibits identified in a filing to be made no later than June 22, 2015.
3. Jury Selection: The Court conducts a comprehensive voir dire and incorporates many of the additional topics requested. The Court will allow each side twenty (20) minutes to conduct follow up voir dire. In addition:
a. By June 22, 2015, the parties shall provide the Court with a list of all potential witnesses (including relevant entities, e.g., potential custodians) to be read to the petit jury panel and organized alphabetically. Said list shall contain a header which identifies the case name and case number and shall not identify which party intends to call any such witness. The list shall be one page only.
b. By June 23, 2015, the parties shall provide the Court with a Joint Statement of the Case to be read to the petit jury panel.
4. Jurors and Peremptory Challenges: The Court will seat a total of twelve (12) jurors and three (3) alternates. Pursuant to Rule 24 of the Federal Rules of Criminal Procedure, because the offense charged is punishable by imprisonment for more than one year, the government is allocated six (6) peremptory challenges and the defendant is allocated ten (10) peremptory challenges. Accordingly, peremptory challenges shall be exercised in the following sequence:
• Prosecution First
• Defense First and Second
• Prosecution Second
• Defense Third and Fourth
• Prosecution Third
• Defense Fifth and Sixth
• Prosecution Fourth
• Defense Seventh and Eighth
• Prosecution Fifth
• Defense Ninth
• Prosecution Sixth
• Defense Tenth
In addition, each party shall be allocated two additional peremptory challenge for the three alternate jurors empanelled. The additional peremptory challenges may be used against an alternate juror only. The initial set of peremptory challenges may not be used for alternate jurors. Batson motions must be made in a timely fashion. Argument on the same shall be made outside the presence of the jury panel.
5. Witnesses at Trial: The parties have agreed, and the Court hereby orders, that the party presenting evidence shall give the other party notice of the witnesses to be called no less than twenty-four hours in advance, not counting weekends (e.g., if a witness is to be called on Monday at 8:30 a.m., notice must be provided by 8:30 a.m. on the prior Friday). The parties are admonished that use of trial time is critical given the limited resources of the Court. All parties must have witnesses ready and available to testify. If the party presenting evidence does not have a witness ready to be called once a prior witness steps down, that party may be deemed to have rested its case. Witnesses may be taken out of order upon stipulation or with leave of Court provided that the circumstances giving rise to such an accommodation are promptly called to the attention of opposing counsel and the Court.
6. Defense Motion in Limine: The Court allowed the defense to file an additional motion regarding prior convictions of potential government witnesses. The government's response is due no later than Monday, June 22, 2015.
7. Verdict Form: The government shall provide a revised verdict form including the dates identified per count and shall provide the Court with an editable Word version.
8. Objections: There shall be no "speaking objections," and no response unless requested by the Court, in which case it shall be brief — e.g., "hearsay" and if a response requested, "Not offered for the truth." If either counsel needs to make a better record, he/she may do so when the jury is out at the next break.
9. Attachments: Attachment A is a list of proposed Procedural Stipulations. To the extent agreed upon, the parties shall sign and file said document by Friday, June 26, 2015.
10. Interpreters: If a witness requires an interpreter, counsel are advised to carefully review and be prepared to satisfy the Court that the interpreter is offered in compliance with 28 U.S.C. §§ 1827-1828, Fed. R. Evid. 604, Fed. R. Crim. Pro. 28, and all Local Rules.
11. Requests for Transcripts: If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-3534) at least one week prior to the commencement of the trial.
12. Trial Decorum and Procedure: Counsel, parties, and witnesses are expected to conduct themselves at all times — on or off the record and whether or not in the presence of a jury — in a professional and courteous manner during trial. Do NOT approach other parties' witnesses without permission.
13. Failure to Comply: Failure to comply with the obligations set forth in this order may result in sanctions appropriate to the gravity of the failure.
14. Further Pretrial Conference: The Court shall hold a further pre-trial conference on Tuesday, June 23, 2015 at 3:00 p.m. to the extent necessary. If there are no outstanding issues, the parties may jointly request that it be vacated.
IT IS SO ORDERED.
(Attachment A to Pretrial Order)
PROCEDURAL STIPULATIONS
PLEASE INITIAL AND SIGN as acceptable:
It is stipulated that the Defendant will be deemed present with counsel, and each of the jurors will be deemed present, upon reconvening after each adjournment or recess, unless the contrary is noted for the record.
U.S. Attorney ______________ For the Defendant ____________
It is stipulated that the Jury Instructions and the Exhibits may go into the Jury Room during deliberations.
U.S. Attorney ______________ For the Defendant ____________
It is stipulated that both Counsel and Defendant need not be present when, during jury deliberations, the jurors are excused for lunch, return from lunch, and/or are discharged in the evening and resume in the morning.
U.S. Attorney ______________ For the Defendant ____________
It is stipulated that, during jury deliberations, the jury may recess without further admonition and without assembling in the jury box, and that they may resume their deliberations upon the Courtroom Deputy's determination that all jurors are present.
U.S. Attorney ______________ For the Defendant ____________
In the absence of the trial judge, any judge of this court may receive the verdict.
U.S. Attorney ________________ For the Defendant _______________
(Name) ______________________________ (Name) __________________________
_____________________________________ _________________________________
Signature (Attorney for the U.S.) Signature (Defense Attorney)
