Hon. Stanley A. Che sler

NELSON OTERO and

MAXCIME Jj : OR.DER

ThIs matter having come before the Court on the joint

application of the United States of America (Jacques S Pierre

and Lisa M. Colone, Assistant US, Attorneys, appearing),

defendant Nelson Otero (Lorraine Gauli-Rufo arid Peter Carter,

Assistant Federal Public Defenders, appearing), and defendantMaxcime Cagan (Thomas Arnbrosio, Rag., appearing), for an order

pertaining to the transportation, examination, and oversight of

certain pieces of ballistics evidence,

IT IS THE FINDING OF THIS COURT THAT:1. Defense counsel have retained ballistics expert, Carl

Leisinqer, to examine and compare two shell casings recovered

from the scene of the robbery of the Exxon Gas Station/Tiger Mart

in Wayne, New Jersey, on May 10, 2010, with two shell casingstestfired from firea.rms recovered frem the defendants;

2 The two shell casings recovered from the scnne of the

robbery are in the custody of the Federal. Bureau of

Investig..tion;
4. The Federal. Bureau of !nvestigation has aareed to

t.ransport the two she.il ca.ings recovered from t.he scene oi. therobbery to Mr. Leisinger’s offloe in Ewing, New Jersey, at a

mutually convenient date and time, for Mr. leisinger to... conduct

his examination and comparison, vided that: (a) the defendantswaive any objections to the chain of custody of the above—listed

items of’ evidence from the time they are provided to Mr.Leisinger through and including the time they are in his

possession; and (b) the Federal Bureau of Investiqation be

permitted to observe Mr. Leisinger as he handles the abovelisted

items of evidence to ensure their safe”keeping; and

5. The New Jersey State Police, Ballistics Unit, has

agreed to transport the two shell casings test—fired from

firearms recovered from the defendants to Mr. Leisinger’s office

in Ewing, New Jersey, at a mutually convenient date and time, for

Mr. Leisinger to conduct his examination and comparison, provided

t..ha.t: (a) the defendan.ts waive any objections to the chain ofcustody of the above—liste.d .items f evidence from the time they

are provided t.o Mr. leisinger through and including the time they

are in his possession; and (b) the New Jersey State Police,
IT i5 THUS, ON this day of January, 2012,

ORDERED that members of the Federal Bureau of Investigation

and the New Jersey State Police, Ballistics Unit, will transport

the two shell casings recovered from the scene of the robbery and

the two shell casings test-fired from firearms recovered from thedefendants, respectively, to Mr. Leisinger’s office in Ewing, New

Jersey, at a mutually convenient date and time, for Mr Leisingerto conduct his examination and comparison;

IT IS FURTHER ORDEFETD that members of the Federal Bureau of

Investigation and the New Jersey State Police, Ballistics Unit,

will be permitted to observe Mr. Leisinger as he handles the

above-listed items of evidence to ensure their safe-keeping; and
Drov100d to Mr. Leisirioer throuoh and irciudina the time they are

in his possession, and they may not challenge the chain of

custody as to these items on that basis at trial.

HON. STANLEY R. CHESLER

UNITED STATES DISTRICT JUDGE

Lorraine Gauli-Rufo, Esq.

Counsel to Nelson OteroThomas Ambrosio, Esq.

Counsel to Maxcime Cagan
provided to Mr. Ue3t.I:gtIr thX.O1•...1...1. and including the time t.d.e.. are

in i.is possessioi.i, Eld t.I.iE.y thay nc.t c.thallenge th.e cha:a.n of

cn..•s tody as to •t ..E i.t.:•.••ns on tint beefs. at trIal.

I/in)

Uorrae Cauli-Rufo EqCounsel to Nelson Otero

Thomas Ambrosio, Esq.

Counsel to Maxcime Cagan