Kourani v. United States

• Court: District Court, S.D. New York
• Decided: June 12, 2023
• Docket: 1:23-cv-02265
• Status: Unknown

Opinion

U.S.DJ UNITED STATES DISTRICT COURT J. EIVES Teetctsteim, SOUTHERN DISTRICT OF NEW YORK PSS be goeve 2, 2023 Ali Kourani# 79196054 2023 JUN -G PM 13 Movant, Case No. 23-CV~-2265 (AKH) (GWG) 17-CR~0417-:1 (AKH) (GWG) : ‘MOTION FOR MOVANT;S DEMAND FOR cael ka aa DISCOVERY AND INSPECTION ‘ (Fed. R. Crim. P. 16(a})

1. In a letter to AUSA Amanda L. Houle. dated May 9th, 2023, the movant demanded the REproduction of all previous produced discov~ ery on his case, so that the movant can urgently use it for his §2255 proceedings. See attached EXHIBIT {A), Letter to AUSA. 2. Phe movant gave the AUSA till May 31st, 2023, to comply with his discovery demands. 3. As of May 31st, 2023, AUSA Houle didn't comply with such discovery requests neither did she reply to the Movant letter. 4. The Movant, here, move this court to: order the defendant tov:comply with Fed. R. Crim. P. 16 (a) and REproduce all the demanded materialwas stated in Exhibit (A), order prohibitingis.. the government from introducing and for using of any such discovery, the Movant Mr. Kourani, have no access to, in any further legal proceedings, or both. Datedgune lst, 2023 Respeotfully submitted, Ali Kourani #79196054 | USP Marion sce cen scspentes teen meee Oe.Box 1000.0. □□ Marion, IL 62959 . CE TFICATE OF SERVICE I, here certify that I personally handed my motion to BOP employee for mailing, first class, postage paid off Junelst, 2023, to be mailed to: United States Attorney's office/ AUSA Houle/ One St. Andrew's :Blaza /New York, NY 10007 Dated: June Ist, 2023 Submited OCS LEME Bh tans All Kourani #79196054

LXADBzZ7 (A)

79196054 - KOURANI, ALI - Unit: MAR-I-A

79196054 Discovery Request 05/09/2023 06:17:26 PM on this case, to Rule 16(a) of the Fed. R. Crim. P., Ali Kourani, the defendant in this action, demand the Preproduction of all produced discovery on this case NO. (17-cr-417(AKH)). The discovery request include two parts: One: discovery the defendant used to have on a "black hard drive" that was held all the time by the educational department New York. The "black hard drive" was either lost in transit or was never shipped from MCC, that was shut down, to USF ion, where the defendant is currently incarcerated. | the discovery under protection order, such as the 3500 material and others, that was sent back to the AUSA office by the last appeal attorney, Peter Tomoa, who stated this fact to the defendant in a written letter. the exhibits / discovery that was used case-in- chief, the trial and in the same form -if possible- it was presented in the to the jury during trial (for example during, at the the closing argument, the government did present an image of the and then two "animated" Hezbollah flags that slide behind him in the background”. Please place such exhibit in a electronic fil / folder titled "trial exhibit/ discovery" to the original production time, before trial, of the above described discovery and/ or after the trial, the discovers/ed additional evidence and/ or legal assessments and/ or material that responds to the requests set out demand and that is subject to discovery or inspection under Criminal Rute 16 or any other "rule", "statute", "CASE", or of the court of this case", the government must promptly produce such subject matter material in a different file/ folder an explanation letter for the such discovery. material sought by this demand, Part One, must be produced for examination as provided for in Rule 16 of the Fed. R. P. before May 20th, 2023, to the defendant in this action, Ali Kourani (79196054), incarcerated at USP Marion, CMU __ .Box 1000 _ Marion, IL _ 62959. The government could seek the assistance of my case manager J. Polley, for further on delivery / examining such discovery. government fails to comply with the terms of this demand, at the specified date, the Defendant will move for an order compliance, an order prohibiting the government form introducing / using, which considered undisclosed discovery ny further legal proceeding or both. Two: to this letter two "sample forms" for motion for immediate disclosure of specific favorable evidence, which the has NEVER examined before, even though the government "could" could have previously produced them to the attorney. Such requested discovery, if existed, may be essential to support the grounds of the 2255 motion, the has raised. | humbly ask to produce or reproduce all such discovery, as mentioned in the two " sample form motion as possible, by May 20th 2023, taking in concerns the due dates on the 2255 motion. If the government feel that they not obliged to produce such discovery, please state the reasons in a written letter, as by then the defendant can submit motions to the court to rescive. send such discovery to the above mentioned address of the defendant and you can also reach out to the case manag for any further instructions. make sure that the defendant in this case is kept updated on the delivery of all mentioned discovery. If the governmen ose to send the discovery through the case manger Polley, also notify the defendant as soon as possible. The requested is needed in an urgent timely matter and as soon as possible by the dates suggested, any unreasonable delays will to the attention of the court. Any refusal to comply with the Criminal Rules, laws, cases, statutes or other, cases w in other iegal measures. May 9th, 2023 Respectfully summited, _ Ali 96045) USP- Marion P.O. Box 1000 Marion, IL 62959

UNITED STATES DISTRICT COURT SOUTHERN District of NEW YORE

) UNITED STATES OF AMERICA ) - poapet No. 17-CR-417 {AKH) □ Vs. OO ALI KOURANI [Name of Derendar tl, MOTION TO COMPEL efendant DISCLOSURE OF EXCULPATORY EVIDENCE

Relief Sought Defendant ALI KOURANI [name of defendant moves this Court for an order compelling the government to produce, to the extent that it is available to the government, the following exculpatory and impeachment . material: 1. The name and address of every person that fhe □ government has interviewed in connection with this case, □ that possesses information relevant to the issue of the defendant’s guilt or innocence, and whom the government does not intend to call as a witness at trial. 2. Any written statements, transcripts, recordings, □ summaries, or notes of oral statements given by any person described in Request No. 1, above. 3. Documents or tangible evidence bearing on the guilt □□□ innocence of the defendant, on the credibility of any ~ witness, or on the reliability of any document or tangible evidence. 4, The name, address, and telephone number of any person who has received or benefitted from any payment nena ees tence eeetee tl tetn teueeree or grant or: promise -of -immunity or - other. favorable consideration, direct or indirect, from the government in connection with the investigation or prosecution of this case.

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5, Copies of or permission for the defense to inspect and copy any document in the possession of the government that authorizes, approves, implements, or evidences a □ payment, promise, or grant described in Request No. 4, above. Grounds for Relief 4. Each of the requests sought by this motion is justified under the doctrine established in the leading case of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). 2. The identity and statements of witnesses that are not . favorable to the goverment and that the government does not intend to call may be essential. 4s. the Supporting Affidavit of ALI KOURANT (2255 Motion) shows, the government has not completely opened its files to the defense in this case. The defense thus has no way of knowing what witnesses were located by the police or other government investigators, or what they had to say. The defense has no comparable resources. Because the prosecution is, under Brady, “presumed to have knowledge of all information gathered in connection with the government's investigation” [United States v. Payne, 63 F.3d 1200, 1208 (2d Cir. 1995)], there is no burden in □ charging the prosecutor with reviewing this evidence □□ determine whether there is any exculpatory or impeachment evidence that should be disclosed under Brady. Any conviction obtained without fulfilling this obligation may well be overturned on that basis. After ail, the Supreme Court has explicitly stated that “[i]f evidence highly probative of innocence is in [the prosecutor}'s file, [the prosecutor] should be presumed to recognize □□□□ significance, even if he [or she] has actually overlooked it” □ United States v. Agurs, 427 U.S. 97, 110, 96 S. Ct. 2392, 49 L. Ed. 2d 342 (1976). - □ 3. The requests for information concerning payments or . . promises made to government witnesses has been explicitly held to be Brady material that the government must disclose. See, e.g., Giglio v. United States, 405U.S. 150, 154-155, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972); United States v. Boyd, 55 F.3d 239, 244 (7th Cir. 1995) (oes (CONViction-reversed for failure to disclose benefits paid □□□□□ □ □□ government witness); United States v. Schaffer, 789 F.2d _ 452, 454-455 (9th Cir. 1986) (failure to disclose cooperation agreement mandated new trial). 4. Because the material sought in this motion is so clearly wan

authorized by Brady and its progeny, it is essential that the government be ordered ic disclose it in a prompt manner. The courts have recognized that any tardiness on the part of the government may prevent the defense “from employing the material to good effect.” United States vy. innamorati, 996 F.2d 456, 480 (1st Cir. 1993). Supporting Materials This motion is based on this document, cn the Supporting Affidavit of _ALT KoURANI's (2255 MOTION) the proof of service of these documents and on all of the pleadings and papers already on file in this case. □

By: thi Ne [signature] ALI KOURANI [typed name] □ Reg. 79196-054 -USP=MARION P.O. Box 1000 [address] Marion, Tllinois 62959 □

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MOTION FOR IMMEDIATE DISCLOSURE OF FAVORABLE EVIDENCE Relief Sought Defendant, ABI KOURANI moves the Court to require the government to disclose immediately any previously undisclosed evidence or information in its possession, custody, or control, the existence of which is known, or by the exercise of due diligence may become known, that is favorable to the defendant and is material to the issues of his guilt, innocence, or sentencing, or that bears on the credibility of a government witness, or that consists of documents or tangible objects that are material to the preparation of the defense or are intended for use by the government as evidence at trial. The information requested includes, but is not limited to, the following: 1. Any and ail documents and information regarding the defendant's mental health history. 2. The name, last known address, and prior statements, grand jury testimony, or memoranda of interview, if any, of any individual whose testimony would be favorable to the defendant in any way or consistent with the defendant's innocence. 3, The name, last known address, and prior statements or memoranda of interview, if any, of any individual whose testimony would contradict or be inconsistent with the expected testimony of any witness for the government, regardless of whether the government intends to call that person as a government witness. 4, Any documentary evidence or information that contradicts or is inconsistent with the expected testimony of any witness for the government. 5. Any prior statements of a witness for the government that are inconsistent with his or her expected trial testimony. 6. The name, address, and prior statements or memoranda of interview, if any, of any individual who has been interviewed by the government who had knowledge of the activity alleged in the indictment or was present when the events in question occurred and who failed to implicate the defendant in this activity. 7. Any and all books, papers, records, or documents that contain evidence favorable to the defendant or are consistent with the defendant's innocence or are material to the preparation of the defense or are intended for use by the government as evidence at trial. 8. Any grants of immunity, favors, or promises of any kind made to a witness in connection with obtaining his or her testimony. This includes any plea agreement entered into between the government and the witness pursuant to which, or as a result of which, the witness is testifying against the accused in this | case or on behalf of the government at any other trial, grand jury, or other proceeding, or is furnishing

9, An accounting of any money paid io any witness by the government including, but not limited to, rewards, subsistence payments, expenses, or payments made for specific information supplied to the government.

10. Any assistance provided by any attorney or agent of the government to a witness for any reason. 141. The criminal identification and history sheet of each government witness. 12. Any criminal charges pending against any government witness that have not been disposed of either by conviction, plea, or acquittal. 13. Any criminal activity in which a government witness has engaged that has not resulted in prosecution or conviction. 44. The results of reports of any scientific, or any other, examinations or tests performed by the government on any evidence in this case. Grounds for Reliet 1. Defense counse! has received from the government certain information and documents pursuant to : Local Rule Mi _ As the Court and the government are aware, that Rule requires the government to provide defense counsel with, among other things, “any evidence favorable to the defendant.” 2. Defense counsel has no reason to believe that the government has failed to comply with this requirement. However, this motion is nonetheless required in order to preserve on the record any issues under Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 and its progeny, as the protections afforded under those authorities are, to a certain extent, contingent on a defense request. □ See United States v. Agurs, 427 U.S. 97, 106, 96 S. Ct. 2392, 49 L. Ed. 2d 342 (1976) (in post-trial claims for denial of due process, there is lower standard for measuring relevancy of material not disclosed than when no request has been made). □ Record on Motion

This motion is based on this document, on the Certificate of Service of this document, and on all of the pleadings and papers already on file in this action. Dated:_May 10, 2023 c/o. USP-MARION P.O. Box 1000 Marion, Illinois 62959

true and correct [28 USC § 1746].

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