UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA,

Plaintiff,

Criminal No. ‘l—SlOJLL

v.

ORDER FOR DISCORY

KOLE AKINOLA

& INSPECTION

a/k/a Kalee Akin

a/k/a Kalee Atkins

a/k/a Black Law

a/k/a Black

Defendant(s)

In order to eliminate unnecessary motions for discovery in

this case, to eliminate delays in the presentation of evidence

and the examination of Witnesses, and to expedite the trial

pursuant to the provisions of the Speedy Trial Act of 1974,

IT Is ORDERED:

1. ence Within ten (10) days from the date hereof

the attorneys representing the United States and the defendant

shall meet or confer to seek to resolve any discovery issues

prior to the filing of motions, and the United States shall

permit the defendant to inspect, and shall permit defendant to

Photograph or copy, or shall furnish a PhOtograph or copy of:

(a) All statements of the defendant requir to be

produced under Rule l6(a) (1) (A), (B) or (C), Fed. R.

Crim. P.

(b) Defendants prior criminal record as regujr by

Rule 16(a) (1) (D), Fed. R. Crim. P.

(c) All documents and tangib objects reguir to be

produced under Rule l6(a) (1) (E), Fed. R. Crim. P.

(d) All reports of examinations and tests requir to be

produced under Rule 16(a) (1) (F), Fed. R. Crim. P.

(e) All summaries of expert witnesses testimony, reguir to be produced under Rule 16(a) (1) (0), Fed.

R. Crim P. The summaries provided shall describe the

Case 2:11-cr-00310-JLL Document 126 Filed 04/08/14 Page 1 of 5 PageID: 1774
witnesses’ opinions, the bases and reasons therefor,

and the witnesses’ qualifications.

(f) Any material evidence favorable to the defense related

to issues of guilt, lack of guilt or punishment which

is known or that by the exercise of due diligence may

become known to the attorney for the United States,

within the purview of Brady v. Maryland and its

progeny.

(g) If there is more than one defendant named in the

indictment, and if the United States intends to

introduce into evidence in its case—in-chief a

confession made to law enforcement authorities by one

defendant which names or makes mention of a co

defendant, then the United States must make a copy of

that statement or confession available to counsel for

the non—declarant defendant, along with a proposal for

its redaction to conform with the requirements of

Bruton v. United States. If the government makes no

such disclosure and turnover within the time period

allowed, the confession may not be received at a joint trial of the declarant and non-declarant defendants.

If, within ten (10) days after receipt of the

confession and its redacted version, counsel for the

non—declarant defendant makes no objection to the

redacted statement, the defendant will be deemed to

have acceded to the receipt of the redacted statement

into evidence.

(h) A defendant who receives discovery pursuant to this

Order shall be deemed to have requested such

disclosure for the purpose of triggering defendant’s

reciprocal discovery obligations under Rule 16(b),

Fed. R. Crim. P. The defendant shall have ten (10)

days from its receipt of discovery from the United

States to produce its reciprocal discovery.

(i) Any defendant intending to offer a defense of alibi or

insanity or mental condition shall comply with the

requirements of Rules 12.1 and 12.2, Fed. R. Crim. P.

2. Disclosure Declined. If, in the judgment of the

United States Attorney, in order to protect the identity of a

confidential informant or undercover agent, to prevent interference with an ongoing investigation, to protect the

integrity of the criminal proceeding, or to otherwise serve the

interests of justice, any disclosure set forth in paragraph 1

hereof should not be made, disclosure may be declined, and

defense counsel advised in writing of the declination within five

(5) days of the conference.

Case 2:11-cr-00310-JLL Document 126 Filed 04/08/14 Page 2 of 5 PageID: 1775
A defendant who seeks to challenge the declination may

move the Court for relief in the following manner:

(a) No later than ten (10) days from the time that

the governm declines, the defendant shall file a

motion for discovery or inspection.

(b) The motion shall conform to the schedule set forth

in Paragraph 12 of this Order, unless otherwise ordered by the Court.

(c) The motion shall set forth: (1) the statement that

the prescribed conference was held; (2) the date of

the conference; (3) the name of the attorney for the

United States With whom the conference was held; (4) the matters which were agreed Upon; and (5) the

matters which are in dispute and which require the determination of the Court

(d) In responding to any such motion, the United States

must show good cause for the declination of

discovery, and in doing so may invoke the provisions of Fed. R. Crim. P. 16(d)(1)

3.

The United States shall provide

notice to the defense of all evidence it intends to offer of

other crimes wrongs or acts Within the meaning of Rule 404(b) of

the Federal Rules of Evidence, not less than ten (10) calendar

days prior to the date of trial, except that for good cause

shown, the Court may excuse such pretrial notice.

4. csafldG..

The United States agrees to

produce all statements Within the meaning of the Jencks Act,

18 U.S.C § 3500, and impeachment evidence Within the meaning of

405 U.S. 150 (1972), sufficiently in

advance of the witnessrs testimony to avoid delay in the trial.

Similarly, the defense shall produce “reverse Jencks” statements

in the trial.

sufficiently in advance of the witness’s testimony to avoid delay

5.

Any duty of disclosure and discovery

set forth herein is a continuing one and the attorneys for all

parties shall produce any additiona 1

discoverable information.

6. Exhibit 8 The United States shall premark all exhibits

that it intends to introduce as part of its case_in_chief and

shall permit defense counsel to inspect and copy such exhibits

thirty (30) days prior to trial. A set of such pre_marked

exhibits with an exhibit list shall be given to the trial judge’s

deputy clerk no later than the first day of trial. The

defendants exhibits shall also be pre_marked and, unless

otherwise ordered by the Court upon the defendantls application,

Case 2:11-cr-00310-JLL Document 126 Filed 04/08/14 Page 3 of 5 PageID: 1776
shall be disclosed to the United States Within seven (7) days

after the United States’ disclosure. Defense counsel, in an

appropriate case, may apply to the Court for an order requiring

the United States to pre-mark exhibits more than thirty (30) days

in advance of trial The United States and the defense shall

also pre—mark all Jeocks Act materials and “reverse Jencks”

is encountered.

pursuant to Rule 26.2, Fed. R. Crim. p., so that no trial delay

7. Autheicitf

The authenticity of all

exhjbit disclosed to and examined by counsel pursuant to the

provisions of Paragraph 6 of this Order shall be deemed to have

been accepted by either the defendant or the United States unless

counsel files with the Court, fourteen (14) days prior to the

date of trial, a notice that the authenticity of one or more

exhibits Will be contested at trial, togeth with a statement

delineating why the authenticity of the exhibit is being

challenged togeth with a certification that the challenge to

authenticity is being made in good faith.

8. Chain of Po When counsel has examined an

exhibit disclosed prior to trial pursuant to the provisions of

Paragraph 6 of this Order, the chain of Possession of the exhibit

will be deemed to have been accepted by either the defendant or

the United States unless counsel files with the Court fourteen

(14) days prior to the date of trial, a notice that the chain of

possj 0of the exhibit will be contested at trial togeth

with a statement delineating that the chain of Possession of the

exhibit is being challenged and a certification that the

challenge to the chain of Possession is being made in good faith.

9. Scientifi 1

When any Party has disclosed the

scientific analysis of an exhibit proposed to be introduced at

trial by that Party, which analysis has been determined by an

expet in the field of science involved, then the scientific

analysis of the exhibit will be deemed admitted unless

couns 5Jfor a Party receiving the disclosure files with the

Court fourteen (14) days prior to trial, a notice that the

scientific analysis of the exhibit will be contested.

10. herMOtioflb

Motions regarding defenses

or objectj 05 permitted pursuant to Rules 12 and 4l(g), Fed. R.

Crim. P., including,r,

motions for suppression of

evidence shall be made Within thirty (30) days from the date

hereof unless good cause for delay is shown.

II. Translation 5 In the event that the United States

intends to utilize translations of any conversations, copies or

transcripts of such translations shall be Produced for defense

counsel no later than thirty (30) days prior to the date of

trial. The correctness of any such translation or transcript

will be deemed admitted unless defense counsel serves and files

with the Court, fourteen (14) days Prior to the date of trial, a

Case 2:11-cr-00310-JLL Document 126 Filed 04/08/14 Page 4 of 5 PageID: 1777
notice that counsel objects to the translation or transcript,

specifying the portions thereof to which objection is made and

counsel’s contentions as to the correct translation.

12. The United States Attorney is to ensure that the

requirement of the Crime Victims Rights Act as codified at

18 U.S.C. § 3771 and specifically 18 U.S.C. § 3771(b) (1) are

complied with.

13. Motions. In multi defendant cases, each defendant

shall file his/her own motions. A letter asking the court to

join in co-defendants motions will not be addressed. All

pretrial motions not otherwise specifically provided for in this

or other Orders of the CoLrt in this case will be deemed waived

unless they are filed and served not later than:

Motions due: May 8, 2014

Opposition due: May 22, 2014

Motions hearing date: June 2, 2014

Trial date: June 10, 2014

13. Instructions and Voir Dire. Counsel shall furnish to

the Court, ten (10) days prior to the date of trial, an agreed

upon statement summarizing the case, requests to charge and

proposed voir dire questions.

— 4. / /2’ /

JOSE L. LINAES,

UNiTED STATES DISTRICT JUDGE

Dated: April 8, 2014

5

Case 2:11-cr-00310-JLL Document 126 Filed 04/08/14 Page 5 of 5 PageID: 1778