United States v. Green

144 F.R.D. 631, 1992 U.S. Dist. LEXIS 21057, 1992 WL 319594
CourtDistrict Court, W.D. New York
DecidedOctober 30, 1992
DocketNo. 92-CR-159C
StatusPublished
Cited by10 cases

This text of 144 F.R.D. 631 (United States v. Green) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Green, 144 F.R.D. 631, 1992 U.S. Dist. LEXIS 21057, 1992 WL 319594 (W.D.N.Y. 1992).

Opinion

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

INDEX TO DECISION AND ORDER

UNITED STATES OF AMERICA v. DONALD GREEN, ET AL.

CAROL E. HECKMAN, UNITED STATES MAGISTRATE JUDGE

I. COPYING COSTS.......................................................636

II. STATEMENTS OF UNCHARGED CO-CONSPIRATORS..................638

III. HEARSAY EVIDENCE..................................................638

IV. REPORTS OF PHYSICAL EXAMINATIONS OR SCIENTIFIC TESTS ....639

V. IDENTIFICATION PROCEDURES AND WITNESS LISTS................639

VI. LAW ENFORCEMENT DOCUMENTS....................................640

VII. INFORMATION RELATING TO THE INTERCEPTED CONVERSATIONS................................................................641

A. Monitoring Logs And Summaries....................................641

B. Copies Of Tapes....................................................641

C. Verbatim Transcripts................................................642

D. Floppy Disks................................... 642

E. Completion Of Transcripts...........................................642

VIII. THIRD PARTY RECORDS RELATING TO THE INVESTIGATION.......642
IX. PHOTOGRAPHS, CHARTS, GRAPHS, ETC...............................643
X. PHYSICAL EVIDENCE.................................................643
XI. EARLY PRODUCTION OF JENCKS ACT AND BRADY MATERIAL ... .643
XII. PRETRIAL DISCLOSURE OF 404(B) EVIDENCE........................645
XIII. REQUEST FOR “MASTER DISCOVERY DOCUMENT” ..................645
XIV. SCHEDULING OF FURTHER MOTIONS................................645

[636]*636This 73-count indictment charges 26 defendants with engaging in racketeering activity (Count 1), racketeering conspiracy (Count 2), narcotics conspiracy (Count 3), possession of narcotics with intent to distribute (Counts 4-8), use of telephones to facilitate violations of 21 U.S.C. §§ 846 and 841(a)(1) (Counts 9-71), and obstruction of justice (Counts 72 and 73). The indictment alleges that the defendants are members of a long-standing narcotics and racketeering conspiracy whose purpose is to import large quantities of cocaine and heroin into the Buffalo area. It also alleges that the conspiracy uses acts of violence such as murder, kidnapping, assault and “drive-by” shootings to protect its activities and its members. The indictment was returned on July 8, 1992. Twenty-five of the defendants have been arraigned and one of the defendants remains at large. The government sought detention of most of the defendants. After holding detention hearings, 16 of the 25 defendants have been detained. These detained defendants are housed in a variety of facilities, many of which are a considerable distance from the courthouse. Eighteen of the 25 defendants are represented by counsel assigned under the Criminal Justice Act, 18 U.S.C. § 3006A.

Pursuant to this Court’s Order of October 2, 1992, the defendants have filed a joint motion for discovery, with an accompanying memorandum of law. The government has filed opposing papers, and lengthy argument was heard on October 22, 1992.1 The following constitutes the Court’s ruling on the motion.

I. COPYING COSTS

Defendants have moved to have the government supply to each defense counsel, at government expense, a full set of all documents which it intends to use as evidence in chief, or which it has agreed are discoverable, as well as copies of the draft and final transcripts of the tape recordings which the government intends to use at trial. Defendants have cited a number of cases which support this relief. United States v. Foreman, No. CR 89-192 PHX RCB (D.Ariz.1990) (unpublished opinion attached as Ex.C to memorandum in support of defendants’ joint motion) (indigent defendants entitled to transcripts of tape recorded conversations prepared at government expense); United States v. DeLuna, 31 Cr.L 2407 (W.D.Mo.1982) (government to provide at its own expense rough transcript of 1200 hours of tape recorded conversations to each of the defendants). See also, U.S. v. Badalamenti, 1986 WL 8309 (S.D.N.Y.1986) (government ordered to provide decent, non-custodial lodging or the cost of providing it for defendants during trial where defendants were forced to travel from their homes in Illinois to attend lengthy trial of 22 defendants in New York City); United States v. Products Marketing, 281 F.Supp. 348 (D.Del.1968) (“[I]n a proper case the right to effective counsel may require that the government reimburse an attorney or advance funds for expenses that are necessarily incident to an adequate preparation for trial”).

The government has already supplied to lead defense counsel one full set of documents which it agrees are discoverable, but has refused to make copies for each defendant. The government has not submitted any cases, nor has it provided to the court any hard information as to the volume or cost of copying involved. Based on prior discussions with the court, however, I understand that the volume of documents is quite extensive. In addition, there are approximately 900 tape-recorded conversations, approximately 300 of which the government intends to use at trial.

This motion actually has two subparts. First is the question of whether defense counsel are each entitled to their own set of documents from the government. Second is the question of who pays for the copies and the related question of who makes the copies.

[637]*637The answer to the first question is readily apparent. As already noted, the government’s indictment is lengthy and complex, and includes both a narcotics conspiracy count and a RICO conspiracy count. Sixteen of the defendants are being detained pending trial. Defendants are being housed at a variety of locations. Defense counsel are in large part work and practice in the City of Buffalo.

It is not feasible for defense counsel to prepare adequately for trial with only one set of government documents to share among them. Clearly, each defense counsel has to be in a position to review all the government’s evidence and to review this evidence with his or her client, in most cases at the client’s place of incarceration, in order to prepare for trial. All of the defendants are charged in one or both conspiracy counts and therefore the evidence relevant to one co-conspirator is relevant to the others as well.

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Cite This Page — Counsel Stack

Bluebook (online)
144 F.R.D. 631, 1992 U.S. Dist. LEXIS 21057, 1992 WL 319594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-green-nywd-1992.