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DAVID EISENBERG

DAVID EISENBERG, P.L.C.

3550 N. Central Avenue, Ste. 1155

Phoenix, Arizona 85012

Arizona State Bar No. 017218

Telephone: 602.237.5076

Email: david@deisenbergplc.com

Attorney for Defendant Andrew Padilla

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v.

Andrew Padilla, et al.,

Defendant.

CR-18-00422-06-PHX-DJH

DEFENDANT PADILLA’S

RESPONSE TO THE COURT’S

ORDER re: GOVERNMENT’S

POSITION ON SEVERANCE 

(DOC. 1527)

 

Defendant Andrew Padilla, by and through undersigned counsel, pursuant to the Court’s

Order dated March 9, 2023 (Doc. 1527), respectfully submits his response to the Government’s

position on the severance of co-defendants Michael Lacey and James Larkin from the other four

defendants at the trial of this case. The Government’s position is that it opposes severance (Doc.

1530, pp. 3-5). Mr. Padilla agrees with the Government but for reasons specific to his

circumstances.

This case is complex from whatever perspective one takes. The Government anticipates

calling approximately 70 witnesses. The most recent Government’s exhibit list stretches 166

pages long. It lists over 1,800 separate exhibits, many of which have over 20 sub-components.

While not all of these exhibits pertain to Mr. Padilla, who is charged with all 51 Travel Act

counts, the vast majority of them do address those charges and would potentially affect him,

given the Government’s reliance on the Pinkerton theory of joint liability. Resources for courtappointed counsel, which includes the undersigned, to investigate, prepare and try this case are

Case 2:18-cr-00422-DJH Document 1537 Filed 03/17/23 Page 1 of 3
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not unlimited. There are now three defense counsel who have been appointed pursuant to the

Criminal Justice Act (co-defendants Padilla and Vaught and now Spear). To the extent practical

yet consistent with the ethical obligations that each attorney owes to his or her client, resources

to conduct pretrial preparation and other trial-related matters have been shared. Moreover,

consistent with the same ethical requirements and considering that retained counsel for the other

three co-defendants have shared investigation, trial preparation and trial participation (at the first

trial) with the undersigned, counsel for Mr. Padilla seeks to retain the same cost and labor-saving

approach in this trial. 

Wherefore, Mr. Padilla opposes severance of Defendants Lacey and Larkin.

Respectfully submitted this 17 day of March, 2023. th

s/ David Eisenberg

 

DAVID EISENBERG

Counsel for Defendant Andrew Padilla 

Certificate of Service

I hereby certify that on March 17, 2023, I electronically transmitted the attached document to

the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic

Filing to the following CM/ECF registrants:

Kevin Rapp, kevin.rapp@usdoj.gov

Peter Kozinets, peter.kozinets@usdoj.gov

Daniel Boyle, daniel.boyle2@usdoj.gov

Margaret Perlmeter, margaret.perlmeter@usdoj.gov 

Andrew Stone, andrew.stone@usdoj.gov

Austin Maxwell Berry, austin.berry2@usdoj.gov

Assistant U. S. Attorneys

and

Timothy J. Eckstein, teckstein@omlaw.com 

Joseph Roth, jroth@omlaw.com 

Sarah P. Lawson, slawson@omlaw.com

Erin E. McCampbell, emccampbell@lglaw.com 

Paul J. Cambria, pcambria@lglaw.com 

Gary S. Lincenberg, glincenberg@birdmarella.com 

Gopi K. Panchapakesan, gpanchapakesan@birdmarella.com 

Eric W. Kessler, Eric.Kessler@gmail.com

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Bruce S. Feder, bf@federlawpa.com 

Joy Malby Bertrand, joyous@mailbag.com 

 s/ David Eisenberg 

 David Eisenberg

Case 2:18-cr-00422-DJH Document 1537 Filed 03/17/23 Page 3 of 3