ANDREW P. RODOVICH, Magistrate Judge.
This matter is before the court on the Motion for Bill of Particulars [DE 390] filed by the defendant, Darrick Vallodolid, on August 24, 2016. For the reasons set forth below, the motion is
On July 21, 2016, the grand jury returned the Second Superseding Indictment against the defendant and sixteen other individuals. The defendant, Darrick Vallodolid, currently is charged with conspiracy to participate in racketeering activity in violation of 18 U.S.C. § 1962(d) and conspiracy to possess with intent to distribute and to distribute cocaine and marijuana in violation of 21 U.S.C. § 846. A conviction under each charge carries a maximum penalty of life imprisonment.
The indictment indicated that the defendants were members of the "Almighty Latin Kings Nation", hereinafter "Latin Kings", and that they conspired and participated both directly and indirectly in the acts of murder, robbery, intimidation, aggravated battery, aggravated assault, and narcotics trafficking. The indictment set forth forty-nine overt acts committed in furtherance of the conspiracy. Vallodolid was arraigned on August 6, 2016 and pleaded not guilty.
The pending motion seeks information concerning the names of all unindicted coconspirators; the date, time, place, and manner in which the defendant is alleged to have become a member of the conspiracies alleged in Counts I and II; and the date, time, and location of specific acts done in furtherance of the conspiracy alleged in Count II, along with the name of the individual alleged to have performed those acts. The Government filed a response to Vallodolid's motion on September 6, 2016 [DE 404]. Vallodolid did not file a reply.
In determining whether to grant the bill of particulars, "[t]he standard is whether the government's indictment sufficiently apprises the defendant of the charges to enable him to prepare for trial."
A defendant is only entitled to know the offense with which he is charged, not all the evidence of how it will be proved. See
In making this determination, the court is not required to consider only the indictment. The information may be provided to the defendant through "some other satisfactory form."
For a RICO conspiracy, the Government, "need only charge — after identifying a proper enterprise and the defendant's association with that enterprise — that the defendant knowingly joined a conspiracy the objective of which was to operate that enterprise through an identified pattern of racketeering activity."
Vallodolid has indicated that the sole allegation contained in Count I of the indictment is that on May 20, 2008 he possessed a firearm. Count II alleged that he conspired to possess with intent to distribute five kilograms or more of marijuana, and five kilograms or more of cocaine. Therefore, he has argued that to prepare and investigate the case properly he needs the names of all unindicted alleged co-conspirators; the date, time, place, and manner in which the defendant is alleged to have become a member of the conspiracies alleged in Counts I and II; and the date, time, and location of specific acts done in furtherance of the conspiracy alleged in Count II, along with the name of the individual alleged to have performed those acts.
The Government has argued that the Second Superseding Indictment detailed the elements of the offense charged and the time and place of the charged conduct and that it produced extensive discovery to Vallodolid to preclude a bill of particulars. The Government indicated that the Second Superseding Indictment provided sufficient information to apprise Vallodolid of the nature of the charges against him. Specifically, Count I provided information regarding the Latin Kings and its purpose, the primary actors, the means and methods of the racketeering activity, the location where the enterprise is located, and acts including murders, attempted murders, and robberies. See
In addition to the Second Superseding Indictment, the Government has provided extensive discovery to Vallodolid. The Government has indicated discovery includes the time, place, and circumstances of acts of violence and narcotics trafficking, identities of potential witnesses, evidence obtained and inventoried, photographs and video recordings, and reports regarding the investigation. Also, at Vallodolid's Motion for Reconsideration of the Order of Detention hearing, the Government provided details of what cooperating Latin King witnesses will testify regarding Vallodolid's role in the RICO and drug conspiracies. The Seventh Circuit has held that a bill of particulars is unnecessary if the information the defendant seeks is available through discovery.
Vallodolid requested the Government specify the acts done in furtherance of the conspiracy. "Discovery, not a bill of particulars, is the means by which a defendant is informed of what evidence the government possesses to evidence his involvement in a conspiracy...."
For the foregoing reasons, the Motion for Bill of Particulars [DE 390] is