CONCLUSION
For the foregoing reasons, Garrett’s Motion
* For Disclosure of Evidence is GRANTED to the extent set forth herein;
. To Preserve Agent Notes is GRANTED;
° For a Santiago Proffer is DENIED as moot;
° For notice of use of Rule 404(b) evidence is GRANTED.

It is so ordered.

ENTER: ‘Bly ap b Mh Ua

BLANCHE M. MANNING
U.S. DISTRICT COURT JUDGE

DATE: £/-0.2-

-4.



unbridled discovery and, to that end, the government need only "appraise the defense of the
general nature of the evidence of extrinsic acts." Id.

The Government acknowledges ils obligations under Rule 404(b), The Court believes
that, under the present circumstances, two weeks is sufficient for Garrett to analyze and
assimilate Rule 404(b) material in preparation for trial. By providing this information three
weeks before trial, the Government has met Rule 404(b)’s provision requiring "reasonable
notice" in advance of Nal, Fed, R, Evid. 404(b). Accordingly, Garrett’s motion for notice of the

government's intention 1o use Rule 404(b) material is GRANTED.



Minute Oisker Borin (064977)

United States District Court, Northern District of Illinois

Name of Assigned Judge anni Sitting Judge if Other
or Magistrate Judge Blanche M. Manning than Assigned Judge
CASE NUMBER Q1 CR 976 DATE August 21, 2002
CASE United States v. William H. Garrett
TITLE
{In the following box (u) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, und (b) state briefly the
MOTION: nuture of the motion being presented J

DOCKET ENTRY:

qd) Oo Filed motion of [ use listing in “Motion” box above.]

(2) Oo Brief in support of motion due

(3) Oo Answer brief to motion due____-_- Reply to answer brief dug.

(4) o Ruling/Hearing on set for at.

(3) BD Status hearingfheld/continued to] [set for/re-set for] on | set for at

(6) oO Pretrial conference[held/continued to] [set for/re-set for]on set for att.
(7) o Trial{set for/re-set for] on at

(8) o [Bench/Jury trial] [Hearing] held/continued to____at

(9) o This case is dismissed [with/without] prejudice and without costs/by/agreement/pursuant to]

O FRCP4(m) OO General Rule 21 C) FRCP41({a)(1) = FRCP41(a)(2).

fans) @ [Other docket entry] For the reasons set forth in the attached Memorandum and Order, Garrett’s
Motion For Disclosure of Evidence is GRANTED to the extent sct forth herein; Motion
To Preserve Agent Notes is GRANTED; Motion For a Santiago Proffer is DENIED as moot; and
Motion For notice of use of Rule 404(b) evidence is GRANTED.

ql) ao [For further detail see order on the reverse side of the original minute order.]

No notices required, advised in open court

No notices required.

purmber af nevices

AUG 26 2002

ate Gockered
AMON Lappe

ft.
dni denity initials

J | Notices muited hy judge's seat

Notified counsel by telephone.

Docketing tu mail notices

Mail AO 450 form,

Copy to judge/niagistrate judge, Ciygh oh ;
courtroom
RTS deputy's

initials

Date/time received in
central Clerk's Office mailing depury initials



IN THE UNITED STATES DISTRICT COURT Q
FOR THE NORTHERN DISTRICT OF ILLINOIS Oke Tey

EASTERN DIVISION UG 6
26 2p

UNITED STATES OF AMERICA, )
)
Plaintiff, )

) Hon. Blanche M. Manning
v. )

) 01 CR 976
WILLIAM H. GARRETT, )
)
Defendant. )
MEMORANDUM AND ORDER

Defendant William Garrett was indicted on charges of bankruptcy fraud, in violation of
18 U.S.C. § 152, The present matter comes before this Court on Garrett’s pretrial motions.
L Motion for Disclosure of Evidence

Garrett has moved this Court for disclosure of the following cvidence: (A) any statements
he made to Government agents from 1997 to the present; (B) his criminal history; (C) medical
and/or scientific reports that the Government intends to use in its case-in-chief; (D) written
summary of testimony the Government intends to use at trial; (E) surveillance reports; (F) Jencks
material (at least three weeks prior to trial); (G) Brady material; and (H) Gigilo information

The Government has agreed, to the extent it has not done so already, to disclose evidence
relating to the above to the extent that it relates to the Government’s obligations under Brady,
Federal Rule of Criminal Procedure 16, Federal Rules of Evidence 702, 703, and 705, Giglio,
and Section 3500. Consequently, to the extent the Government is required to do so, Garrctt’s

motion for discovery is GRANTED.

Is



i. Motion To Preserve Agents’ Notes

Garrett further moves this Court for an order preserving agents’ notes. Because the
Government has agreed to tum over such material, this Court GRANTS this motion.
Ill. Motion for a Santiago Statement

Garrett has also moved for an order requiring the Government to produce statements
made by his alleged coconspirators. Because this is not a conspiracy case, such statements do not
exist, and therefore, this motion is DENIED as moot.
IV. Motions For Notice of Intention to Use Other Crimes, Wrongs, and Acts Evidence

Garrett additionally seeks notice of the Government's intention to use other crimes,
wrongs, or acts evidence. Federal Rule of Evidence 404(b) prohibits the admission of evidence
of other crimes, wrongs, or acts to prove the character of a person in order to show that he likely
acted in conformity therewith on a particular occasion. Fed, R. Evid, 404(b). The purported
rationale for the exclusion of evidence of other crimes, wrongs, or acts is that such evidence is of
slight probative value and tends to distract the trier of fact from the facts at issue. United States v.

Smith, 103 F.3d 600, 602 (7th Cir.1996). This evidence may be admissible, however, for any

other relevant purpose including “proof of motive, opportunity, intent, preparation, plan,
knowledgg, identity, or absence of mistake or accident... ." Id.

Federal Rule of Evidence 404(b) requires that the government in a criminal case, upon
request of an accused, provide reasonable advance notice of its intention to use such evidence
and the general nature thercof. The purpose of this notice requirement is to “reduce surprise and
promote early resolution on the issues of admissibility." Fed. R. Evid. 404(b), Notes of

Committee on the Judiciary, Sen Rep. No. 93-1277. This Rule does not, however, provide for

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