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United States v. Afolabi

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


July 14, 2009

UNITED STATES OF AMERICA
v.
AKOUAVI KPADE AFOLABI, ET AL. DEFENDANT.

The opinion of the court was delivered by: Linares, District Judge.

ORDER

Presently before the Court are several pre-trial motions filed by the Government and by Defendants Lassissi Afolabi ("Afolabi"), Geoffry Kouevi ("Kouevi"), and Akouavi Kpade Afolabi ("Kpade"). (Docket Entry Nos. 65, 68, 69, and 75.) Having considered the written submissions and having heard oral argument, the Court issued its decisions regarding the pre-trial motions on the record. For the reasons set forth on the record, and for good cause shown;

IT IS on this 14th day of July, 2009,

ORDERED that Kouevi's motion to dismiss Count 1 for improper venue is DENIED; and it is further

ORDERED that Count 4 as to Kouevi is DISMISSED; and it is further

ORDERED that Kouevi's motion for a bill of particulars is DENIED AS MOOT; and it is further

ORDERED that the Court RESERVES on Kouevi's motion to suppress pending a suppression hearing to be held on July 20, 2009, at 10 AM; and it is further

ORDERED that Kouevi's motion to sever is GRANTED; and it is further

ORDERED that Kouevi's motion for a bill of particulars is DENIED AS MOOT; and it is further

ORDERED that Kpade's motion to dismiss Count 4 of the Superseding Indictment is DENIED; and it is further

ORDERED that Afolabi's motion asking the Government to turn over Brady material is DENIED AS MOOT; and it is further

ORDERED that Afolabi's motion to suppress is DENIED; and it is further

ORDERED that Afolabi's motion for access to grand jury transcripts is DENIED except to the extent the Government must comply with its Brady and Jencks obligations; and it is further

ORDERED that Afolabi's motion to compel the Government to preserve notes of its agents is DENIED AS MOOT; and it is further

ORDERED that Afolabi's motion to redact co-defendant statements pursuant to Bruton is DENIED AS MOOT; and it is further

ORDERED that Afolabi's motion to disclose co-conspirator statements is DENIED AS MOOT; and it is further

ORDERED that Afolabi's motion for Jencks material is GRANTED and the Government shall turn over this material at least seven days prior to trial; and it is further

ORDERED that Afolabi's motion for a pre-trial hearing to determine the existence of a conspiracy is DENIED; and it is further

ORDERED that Afolabi's motion for expert reports is DENIED AS MOOT; and it is further

ORDERED that Afolabi's motion to strike aliases from the indictment is DENIED AS MOOT; and it is further

ORDERED that the Government's motion to preclude "self-serving" statements by the Defendants is DENIED WITHOUT PREJUDICE AS PREMATURE; and it is further

ORDERED that the Court RESERVES on the Government's motion to utilize 404(b) material pending opposition to be filed by Kpade.

IT IS SO ORDERED.

Jose L. Linares United States District Judge

20090714

© 1992-2009 VersusLaw Inc.



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