UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

TRENTON, NEW JERSEY

UNITED STATES OF AMERICA Cr. No. 11-268(MLC)

vs. 

 ORDER FOR DISCOVERY 

SHAHEED WILLIAMS AND INSPECTION 

 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. Conference. Within ten (10) days from the date hereof, 

the attorneys representing the United States and the defendant

shall meet and 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 required to be 

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

(b) Defendant’s prior criminal record as required by

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

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(c) All documents and tangible objects required to be 

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

(d) All reports of examination and tests required to be 

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

(e) All summaries of expert witnesses’ testimony, 

required to be produced under Rule 16(a)(1)(E), Fed. R. Crim. P.

The summaries provided shall describe the 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 codefendant, 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

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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 Fed. R. Crim. R. 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, or to otherwise serve

the integrity of the criminal proceeding, or to otherwise serve

the interest of justice, any disclosure set for in paragraph 1

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

counsel advised in writing of the declination with five (5) days

of the conference.

If the defendant seeks to challenge the declination he may

move the Court for relief in the following manner:

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

the government declines, the defendant shall file a motion

for discovery and 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. Rule 404(b) Evidence. The United States shall provide 

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

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crimes, wrongs of 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. Jencks and Giglio Material. 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

Giglio v. United States, 405 U.S. 150 (1972), sufficiently in 

advance of the witness’s testimony to avoid delay in the trial. 

Similarly, the defense shall produce reverse Jencks statements 

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

in the trial. 

5. Continuing Duty. Any duty of disclosure and discovery set 

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

shall produce any additional by the information.

6. Exhibits. The United States shall pre-mark 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 30 days 

prior to trial. A set of such pre-marked exhibits with an exhibit 

list should be given to the judge’s deputy clerk no later than the 

first day of trial. The defendant's exhibits shall also be premarked and, unless otherwise ordered by the Court upon the 

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defendant’s application, 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 more than thirty (30) 

days in advance of trial. The United States and the defense shall 

also pre-mark all Jencks Act materials and “reverse Jencks”

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

encountered.

7. Authenticity of Exhibits. The authenticity of all exhibits

disclosed to and examined by counsel pursuant to the provisions of

paragraph 6 of this Order shall be deemed to have been accepted by

the either the defendant or the United States unless counsel files

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

notice that the authenticity of one or more of the exhibits will be

contested at trial, together with a statement delineating why the

authenticity of the exhibit is being challenged together with a

certification that the challenge to authenticity is being made in

good faith.

8. Chain of Possession. 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 the either the defendant or the

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United States unless counsel files with the court fourteen (14)

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

possession of the exhibit will be contested at trial together with

a statement delineating that the chain of possession of he the

authenticity of the exhibit is being challenged and a certification

that the challenge to the chain of possession is being made in good

faith.

9. Scientific Analysis. 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

expert in the field of science involved, then the scientific

analysis of the exhibit will be deemed admitted unless counsel

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

trial, a notice that the scientific analysis of the exhibit will be

contested.

10. Other Motions by Defendant. Motions regarding defenses or

objections permitted pursuant to Rules 12 and 41(e), Fed. R. Crim.

P., including, inter alia, motions for suppression of evidence,

shall be made within thirty (30) days from the date hereof unless

good cause for delay is shown.

11. Translations. In the event that the United States intends

to utilize translations of any conversations, except, coopies or

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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 translations 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 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. All pretrial motions not otherwise specifically provided

for in this or other Orders of the Court in this case will be

deemed waived unless they are filed and served not later than: 

Pretrial motions due: June 10, 2011 

Opposition due: June 24, 2011 

Motions returnable: July 8, 2011 at 1:00pm 

Trial date: July 19, 2011 at 9:00am 

13. Counsel shall furnish to the Court, five (5) days prior to

the date of trial, requests to charge and proposed voir dire

questions. 

Dated: May 13, 2011 s/MARY L. COOPER 

MARY L. COOPER 

United States District Judge 

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