UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-20340-CR-WILLIAMS(s)

UNITED STATES OF AMERICA,

vs.

MASPHAL KRY,

 Defendant . /

GOVERNMENT’S URGENT REQUEST FOR

DELAY IN PRODUCTION OF JENKS MATERIAL

The United States of America hereby requests a brief extension to this Court’s prior 

Order requiring the production of Jenks material relevant to the government’s intended 

witnesses in this matter through Friday, September 8, 2023, and in support thereof would show:

This Honorable Court previously ordered a two-part production of Jenks material by the 

government. The first portion, with respect to the cooperating witness, was due August 25, 

2023, and was timely provided to the defense herein.

The second portion, with respect to other witnesses known to the United States, was 

scheduled by today, September 5, 2023. 

In the interim, the defense has objected to the Court’s reset of the trial date in this matter 

to October 23, 2023, urging delay through a late January 2024 calendar period. The matter is 

set to be taken up on Wednesday, September 6, 2023, by zoom hearing. D.E.-168.

The United States contacted counsel for defense regarding the possibility of a brief 

delay, largely due to a technical issue securing and producing relevant emails by agents of the 

government who likely will testify at trial. Although the agency has been diligently attempting 

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to isolate the relevant material for more than a month, that process is not yet complete. Some 

material is currently available, but an immediate response would result in incomplete 

production. The government has also offered to attempt an electronic sort of the emails to 

remove duplicative email threads but is not certain how long that will require. A request for 

that information is pending.

The United States has also been informed today that the defense is proposing a rescheduling of the Rule 15 depositions in this matter until an as yet unspecified date in October 

or November due to an inability to locate a court reporter.

Given that the current production schedule for Jenks material contemplated a trail 

beginning September 26th, it is clear that intervening events have removed the immediacy of 

the need for such advanced production – whatever the outcome of the pending zoom hearing. 

Accordingly, the United States requests this Honorable Court grant a continuance of the 

production schedule through Friday, September 8, to allow further discussion and resolution 

of these issues at the hearing. The government is of the belief that the defense could suffer no 

appreciable prejudice from the relief requested herein.

While this Motion is captioned as “urgent,” the United Stated did not dem it appropriate 

for an “emergency” Motion pursuant to the Local Rules of Court.

Rule 88.9 Certification

Counsel for the defendant has advised they oppose the requested extension for material 

ready to be produced today, but do not oppose the extension to Friday for materials still being 

processed. They also noted that the effort to remove duplicative material would be appreciated 

provided it did not unduly delay the ultimate production.

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Conclusion

Based upon the foregoing discussion, the United States respectfully requests the Court extend 

the deadline for further production of Jenks material by the government in this matter through Friday, 

September 8, 2023, and take this matter up for further discussion at hearing scheduled for September 

6, 2023.

Respectfully submitted,

 MARKENZY LAPOINTE

UNITED STATES ATTORNEY

By: /s/ Thomas A. Watts-FitzGerald

Assistant United States Attorney

Florida Bar No. 0273538

99 Northeast 4th Street

Miami, Florida 33132-2111

Tel. 305-961-9413

By: /s/ Emily R. Stone 

Assistant United States Attorney

Florida Bar No. 92077

99 Northeast 4th Street

Miami, Florida 33132-2111

Tel. 305-961-9407

CERTIFICATE OF SERVICE

 I hereby certify that on September 5, 2023, I electronically filed the foregoing with the 

Clerk of the Court using CM/ECF. 

 By: /s/ Thomas A. Watts-FitzGerald 

Assistant United States Attorney

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