UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case No: 14-20417

v.

Honorable Victoria A. Roberts

D-4 JOHN FAYAD

D-8 JOSEPH MELCHER

Defendants.

/

ORDER REGARDING OUTSTANDING MOTIONS AND OBJECTIONS

Defendants Thomas Mackey, Kenneth Green, Alan Clemons, John Fayad,

Douglas Demaria, Urban Hotts, Theodore Lasater, Joseph Melcher, and David Milazzo

were indicted on charges related to their alleged participation in an illegal gambling

operation. All Defendants pled guilty, except for Fayad and Melcher; they intend to

proceed to trial. 

The Court now resolves the three pending matters involving these two

defendants, all of which were referred to Magistrate Judge David R. Grand for

disposition:

1) Defendant Melcher’s Motion to Suppress Statements and Admissions for

the Reason he was Not Advised of His Miranda Rights (Dkt. No. 141);

2) Defendant Kenneth Green’s Motion to Suppress Electronic Surveillance

Because of the Failure to Establish an Adequate Showing of “Necessity”

as Mandated by the Statute (Dkt. No. 106), joined by Defendants Fayad

(Dkt. No. 176) and Melcher (Dkt. Nos. 111, 166); and

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3) Defendant John Fayad’s Objections to Magistrate’s Order (Dkt. No. 162)

Denying Various Motions by Defendant John Fayad (Dkt. No. 169), joined

by Defendant Melcher (Dkt. No. 143). 

Magistrate Judge Grand issued a Report and Recommendation on each of the

first two motions, which were fully briefed, recommending the Court deny Defendants’

motions. Defendants filed objections and the United States responded. 

The Court reviews de novo objections to any part of a Magistrate Judge’s Report

and Recommendation. Fed. R. Civ. P. 72(b). After considering the entire record, the

Court ACCEPTS the Report and Recommendation (Dkt. No. 159) for Defendant

Melcher’s motion to suppress statements allegedly obtained in violation of his Miranda

rights; Defendant Melcher’s Motion (Dkt. No. 141) is DENIED. The Court also

ACCEPTS the Report and Recommendation (Dkt. No. 161) for Defendant Green’s

motion to suppress evidence for failure to comply with the wiretap authorization statute

(Dkt. No. 106). The motion and subsequent notices of joinder are DENIED.

The third matter before the Court is a series of objections made by Defendant

Fayad to Magistrate Judge Grand’s orders regarding discovery. The Court reviews a

magistrate judge’s non-dispositive orders with a deferential lens; a district judge may

modify or set aside an order if it is “clearly erroneous or contrary to law.” Fed. R. Civ. P.

72(a); 28 U.S.C. § 636(b)(1)(A). After reviewing the motions addressed in Magistrate

Judge Grand’s Order (Dkt. No. 162) along with the associated objections, the Court

UPHOLDS Magistrate Judge Grand’s Order denying the motions.

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IT IS ORDERED.

S/Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: January 27, 2016

The undersigned certifies that a copy of this

document was served on the attorneys of

record by electronic means or U.S. Mail on

January 27, 2016.

s/Linda Vertriest 

Deputy Clerk

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