An important consideration in deciding whether particulars should be granted is the sufficiency of the information already available to defendants prior to trial. Generally, if the information sought by defendant is provided in the indictment or in some acceptable alternate form, no bill of particulars is required. The indictment in this case together with the particulars already furnished and other discovery sufficiently inform defendants of the nature of the charges against them so that they can prepare their defense, avoid surprise at trial and plead double jeopardy. As a result, the purpose of a bill of particulars has been satisfied in this case. Page 7 A bill of particulars is not a general investigative tool for the defense, nor is it a device to compel disclosure of all the Government's evidence prior to trial.
Defendants cite no authority to support their position.
These requests are directed at the evidence of the charges rather than the nature of the charges. In making these requests, defendants demonstrate that Page 8 what they seek is to discover the details of and to limit the Government's proof at trial. This is not a complex case. There are two defendants. There are two counts.