UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

UNITED STATES OF AMERICA, )

)

v. ) CASE NO. 3:14 CR 55

)

JAMES LEDONNE, )

Defendant. )

RESPONSE TO GOVERNMENTS MOTION FOR A NO CONTACT ORDER 

 

Comes now Defendant, by counsel, Visvaldis P. Kupsis and in support of above 

named motion, states as follows:

The Government has filed a motion before the court requesting an order 

prohibiting the Defendant from communicating in any form, directly or indirectly, 

with any witnesses, victim, investigating agent and prosecutor assigned to this case.

In support of their request, the Government cites the Crime Victim’s Rights 

statute set forth under 18 U.S.C. Section 3771 as well as the case United States v. 

Smalanskas 2012 WL 5064489, at *(D. Mass Octo. 16, 2012).

In pertinent part, the Crime Victim’s Rights Statute provides that a Crime 

Victim has the right to be reasonably protected from the accused. 18 U.S.C. Section 

3771 (a)(1). The statute does not pertain to communication with witnesses nor does it 

pertain to communication with the investigators or prosecuting attorneys. As a 

result, at best, this statute would only deal with communication with victims. 

USDC IN/ND case 3:14-cr-00055-JD-MGG document 291 filed 01/13/17 page 1 of 3
Based upon same, the question arises as to reasonable protection from the 

accused. The materials submitted do not threaten or attempt to produce false 

testimony on the part of any victims who would also be considered witnesses. 

Additionally, even if Defendant were to be prohibited from communicating with any 

of these victims his counsel would have a right to attempt to speak to them on behalf 

of the Defendant. As a result, the Government’s request that Defendant be prohibited 

from communicating indirectly with any witness, victims, investigating agent or 

prosecuting attorney is overly broad in that communication from his attorney could 

be considered indirect communication. Additionally, the Government has not 

delineated a witness list so it is somewhat speculative as to whom Defendant is 

prohibited from contacting.

Additionally, there is a pending motion for withdrawal of counsel. If 

Defendant continues to be represented by counsel the Government’s concern could 

be addressed by simply having any and all communications be channeled through

counsel. However, if Defendant were to ultimately proceed pro se, he cannot be 

prohibited from interviewing witnesses in regard to preparation of his own defense.

The Government’s reliance on United States v. Smalanskas is also misguided. 

Smalanskas, is a case in which the Defendant was released on bond. The charges 

against him involved harboring an illegal alien, that person being his maid. As a 

condition of his bond, Defendant was prohibited from communicating with his maid 

who was the subject of the criminal prosecution. 

USDC IN/ND case 3:14-cr-00055-JD-MGG document 291 filed 01/13/17 page 2 of 3
In this case, the Defendant does not have any bond therefore he does not have 

any conditions regarding his release. Furthermore, this is a case that involves 

multiple witnesses in the form of employees, vendors, alleged victims, and investors. 

Defendant is not aware of any authority that absolutely prohibits communication

between the Defendant and any potential witnesses. As previously stated, it is 

unclear as to whom may be a witness. Clearly, Defendant must be able to 

communicate indirectly with these individuals through his counsel. Furthermore, he 

should be put on notice as to whom he cannot communicate with if the Court should 

so order.

Based upon the aforesaid, Defendant indicates that the Government’s request 

to prohibit communication in any form, directly or indirectly, with any witness, 

victim, investigating agent and prosecuting attorney is overly broad. For those 

reasons, Defendant would request that the Government’s motion be denied.

Respectfully Submitted,

/s/ Visvaldis P. Kupsis

Visvaldis P. Kupsis, 5594-45

Attorney for Defendant

1158 W. Lincolnway, Ste. 1C

Valparaiso, IN 46385

(219) 465-6240

USDC IN/ND case 3:14-cr-00055-JD-MGG document 291 filed 01/13/17 page 3 of 3