U.S. v. Neal, 14-cr-40076-JPG. (2019)
Court: District Court, S.D. Illinois
Number: infdco20190306d90
Visitors: 9
Filed: Mar. 05, 2019
Latest Update: Mar. 05, 2019
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Tyree Neal Jr.'s motion requesting "the Audio/Video from the Marion Police Department for the date of 1-19-2012, which is of Government Exhibit -9- of the Post Miranda Statement taken by Officer Justin Dwyer. . . ." (Doc. 184). At Neal's sentencing hearing, Dwyer testified to what Neal said in that post-arrest statement and identified Government's Exhibit 9 as the written Miranda waive
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Tyree Neal Jr.'s motion requesting "the Audio/Video from the Marion Police Department for the date of 1-19-2012, which is of Government Exhibit -9- of the Post Miranda Statement taken by Officer Justin Dwyer. . . ." (Doc. 184). At Neal's sentencing hearing, Dwyer testified to what Neal said in that post-arrest statement and identified Government's Exhibit 9 as the written Miranda waiver..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on defendant Tyree Neal Jr.'s motion requesting "the Audio/Video from the Marion Police Department for the date of 1-19-2012, which is of Government Exhibit -9- of the Post Miranda Statement taken by Officer Justin Dwyer. . . ." (Doc. 184). At Neal's sentencing hearing, Dwyer testified to what Neal said in that post-arrest statement and identified Government's Exhibit 9 as the written Miranda waiver Neal signed before giving the statement. Dwyer also testified that there was no audio recording and that he did not know what happened to any video recording from the police station's surveillance system. Neal states in his motion that he has already unsuccessfully sought this material from his all of his prior counsel.
The Court DENIES Neal's motion (Doc. 184). The Court is not in possession of any recording described by Neal, and Neal has identified no authority for the Court to order production in this closed case of any such recording from anyone else.
IT IS SO ORDERED.
Source: Leagle
