DOJ-OGR-00020789.jpg
Extracted Text (OCR)
Case 22-1426, Document “Taste7 | 3475900, Page171 of 208
| A-167 |
Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 30 of 34
reason to doubt these representations given its expansive approach to document production thus
far in this case. The Government has agreed in its recent letter to produce Giglio material six
weeks in advance of trial. The parties shall negotiate the specific timing, but assuming a
schedule along those lines is met, the Court concludes that Maxwell will be able to effectively
prepare for trial. See Coppa, 267 F.3d at 144.
B. Jencks Act material and co-conspirator statements
Maxwell also seeks to expedite discovery of Jencks Act material and non-exculpatory
statements of co-conspirators that the government may offer at trial. The Jencks Act, 18 U.S.C.
§ 3500, “provides that no prior statement made by a government witness shall be the subject of
discovery until that witness has testified on direct examination.” Coppa, 267 F.3d at 145. The
statute therefore prohibits a district court in most cases from ordering the pretrial disclosure of
witness statements unless those statements are exculpatory. “A coconspirator who testifies on
behalf of the government is a witness under the Act.” Jn re United States, 834 F.2d 283, 286 (2d
Cir. 1987). The Court therefore lacks the inherent power to expedite these disclosures. In any
case, the Government has agreed to produce all Jencks Act material at least six weeks in advance
of trial.
The Court also rejects Maxwell’s alternative request for a hearing to determine the
admissibility of co-conspirator declarations. Co-conspirator statements may often be admitted at
trial on a conditional basis. If the Court determines that the Government has not met its burden
to show that the conditionally admitted statements were made in furtherance of the charged
conspiracy, the Court should provide a limiting instruction or, in extreme cases declare a
mistrial. United States v. Tracy, 12 F.3d 1186, 1199 (2d Cir. 1993). Although conditional
admissions can pose a problem, a pretrial hearing is unnecessary here because the Government
30
DOJ-OGR-00020789
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00020789.jpg |
| File Size | 635.9 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 2,143 characters |
| Indexed | 2026-02-03 20:03:26.849753 |