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Case 1:20-cr-00330-PAE Document207 Filed 04/16/21 Page 28 of 34
(PGG), 2014 WL 3057917, at *3 (S.D.N.Y. July 7, 2014) (collecting cases). The Court therefore
denies Maxwell’s motion to dismiss multiplicitous counts without prejudice.
VIII. The parties shall negotiate all remaining disclosures
Maxwell moves to compel the Government to produce certain documents she believes it
has in its possession and has failed to produce. She also seeks accelerated disclosure of the
Government’s witness list, Jencks Act material, Brady and Giglio material, co-conspirator
statements, and Rule 404(b) material. Based on the Government’s response in briefing and
letters the parties have since submitted to the Court, it appears that most of these requests have
been overtaken by events. Accordingly, although the Court concludes that Maxwell is not
entitled to expedite this discovery based on the arguments in her motion papers, the Court will
require the parties to confer on an overall schedule for all remaining pretrial disclosures.
A. The Court accepts the Government’s representations that it has disclosed all
Brady and Giglio Material
The Supreme Court’s decisions in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v.
United States, 405 U.S. 150 (1972) require the Government to disclose to defendants certain
evidence that will aid their defense. Brady requires disclosure of exculpatory evidence. Under
Giglio, the Government has a duty to produce “not only exculpatory material, but also
information that could be used to impeach a key government witness.” United States v. Coppa,
267 F.3d 132, 135 (2d Cir. 2001) (citing Giglio, 405 U.S. at 154). Asa general rule, “Brady and
its progeny do not require immediate disclosure of all exculpatory and impeachment material
upon request by a defendant.” /d. at 146. “[A]s long as a defendant possesses Brady evidence in
time for its effective use, the government has not deprived the defendant of due process of law
simply because it did not produce the evidence sooner.” /d. at 144.
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Document Details
| Filename | DOJ-OGR-00003702.jpg |
| File Size | 710.4 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 2,059 characters |
| Indexed | 2026-02-03 16:39:49.212980 |