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 38 |
Filed: 9/5/2008, Entered: 9/5/2008 |
Memorandum in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco re [30] MOTION to Suppress Physical evidence, statement, and for disclosure., [35] MOTION to Suppress Physical Evidence, Severance and Discovery., [25] FIRST MOTION to Suppress Items seized from defendant at his arrest.FIRST MOTION to Dismiss Indictment and/or counts thereof.FIRST MOTION for Disclosure of 404(b) evidence, Brady and Giglio materials and Grand Jury Minutes.FIRST MOTION for Release of Brady Materials.FIRST MOTION for Disclosure of 404(b) evidence, Brady and Giglio materials and Grand Jury Minutes.. (Attachments: # (1) Affidavit Detective John Badyna, # (2) Exhibit Ex to Badyna Affidavit)(Berman, Jillian)
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| 37 |
Filed: 8/22/2008, Entered: 8/22/2008 |
Notice of Attorney Appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Jillian Blythe Berman appearing for USA. (Berman, Jillian)
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Filed: 8/8/2008, Entered: 8/15/2008 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Barbara S. Jones:Pretrial Conference (Subsequent Conference) as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco held on 8/8/2008, as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco( Motions due by 8/22/2008., Replies due by 9/12/2008, Responses due by 9/5/2008, Oral Argument set for 9/26/2008 at 10:00 AM before Judge Barbara S. Jones.) Defendant's present with attorneys. AUSA present. Court reporter present. PTC held. Defendant's motions to be filed August 22, 2008; Government's opposition to be filed by September 5, 2008. Reply if any by September 12, 2008. Oral argument/hearing to be held on September 26, 2008 at 10:00am. Under the interest of justice exception of the Speedy Trial Act, speedy trial time is excluded from August 8, 2008 thru September 26, 2008 to allow defendants to file motions and the court has schedule Oral Argument/Hearing on these motions. These interests outweigh the interests of the defendants and the public in a speedy trial. Defendants Gonzalez and Williams continued remanded. Bail continued as to defendants Richardson and Franco. (jw)
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Filed: 8/8/2008, Entered: 8/13/2008 |
Oral Order |
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ORAL ORDER as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco. Motions (Defts' suppression motions) due by 8/15/2008. Responses (by Govt) due by 9/5/2008. Replies (by Defts) due by 9/12/2008. Suppression Hearing set for 9/26/2008 at 10:00 AM before Judge Barbara S. Jones. (bw)
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Filed: 8/8/2008, Entered: 8/13/2008 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Barbara S. Jones: Pretrial Conference as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco held on 8/8/2008. For the Govt, AUSAs Marissa B. Mole, Jillian Berman; For Defendant Gonzalez, Attorney Alan M. Nelson; For Defendant Williams, Attorney Donald J. Yannella; For Defendant Richardson, Attorney Louis R. Aidala; For Defendant Franco, Attorney James Roth; Court Reporter Tom Murray. Defendants are present with their attorneys and AUSA Marissa B. Mole and Jillian Berman for Conference. Court Reporter Tom Murray is present. Conference held. Defendants Gonzalez and Franco indicate to the Court their desire to file suppression motions. Defendants' suppression motions to be filed by 8/15/08, government's opposition papers to defendants' suppression motions to be filed by 9/5/08, and defendants' reply to be filed by 9/12/08. Hearing on all defendants' suppression motions scheduled for 9/26/08 at 10:00 A.M. Defendants Gonzalez and Williams continued remanded. Defendants Richardson and Franco continued on bail. (bw)
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Filed: 7/25/2008, Entered: 7/30/2008 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Barbara S. Jones: Pretrial Conference held on 7/25/2008 as to dft Robert Anthony Gonzalez NOT present. Dft's atty Alan Nelson present; dft Khalil Williams present w/atty Donald Yannella; dft Rasheem Richardson present w/atty Louis Aidala; and dft Mark Franco present w/atty James Roth. AUSA Marissa Mole present. Judge excludes time from 7/25/08 through 8/8/08 under the STA to allow dfts to review discovery and to determine if motions are appropriate. These interest outweigh the interests of the dfts and the public in a speedy trial. Dfts Gonzalez and Williams cont'd remanded. Dfts Richardson and Franco continued on bail.( Pretrial Conference set for 8/8/2008 at 03:30 PM before Judge Barbara S. Jones.) (ja)
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| 24 |
Filed: 7/17/2008, Entered: 7/24/2008 |
Transcript |
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TRANSCRIPT of Criminal Proceedings for Appearance and Bail Hearings as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco held on 3/27/08 before Magistrate Judge Gabriel W. Gorenstein. (ja)
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Filed: 6/9/2008, Entered: 6/12/2008 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Barbara S. Jones: Pretrial Conference as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco held on 6/9/2008. Dft Gonzalez present w/atty Alan Nelson, dft Williams present w/atty Donald Yanella, dft Richardson present w/atty Louis Aidala, and dft Franco present w/atty Michael Hurwitz. AUSA Marissa Bea Mole present. Judge excludes time from 6/9/08 through 7/24/08 to allow the gov't to complete discovery and to allow the dfts an opportunity to file motions and prepare for trial or to discuss possible dispositions in the case. These interest outweigh the interests of the dfts and the public in a speedy trial. Dfts Gonzalez and Williams continued remanded. Dfts Richardson and Franco continued on bail. ( The next Pretrial Conference set for 7/24/2008 at 10:00 AM before Judge Barbara S. Jones.) (ja)
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| 20 |
Filed: 5/14/2008, Entered: 5/16/2008 |
Advice of Penalties and Sanctions |
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ADVICE OF PENALTIES AND SANCTIONS as to Mark Franco. (jw)
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| 21 |
Filed: 5/13/2008, Entered: 5/16/2008 |
Bond |
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PRB Bond Entered as to Mark Franco in amount of $ 250,000. PRB to be co-signed by 3 financially responsible person's; Travel limited to SDNY/EDNY; Deft shall surrender all travel documents and make no new applications; Regular pretrial supervision is imposed; All conditions to be met before release. (jw)
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Filed: 5/13/2008, Entered: 5/16/2008 |
Bond Hearing |
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Minute Entry for proceedings held before Judge Barbara S. Jones:Bond Hearing on District Judge Bail Disposition Sheet, as to Mark Franco held on 5/13/2008. BAIL DISPOSITION: See PRB, document #21. (ja)
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Filed: 5/13/2008, Entered: 5/16/2008 |
Bond Hearing |
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Minute Entry for proceedings held before Judge Barbara S. Jones:Bond Hearing on Bail Disposition Sheet as to Mark Franco held on 5/13/2008. Deft present with atty James Roth. AUSA Marissa Mole present. $250,000.00 PRB to be secured by 3 FRP's; travel restricted to SDNY and EDNY; Defendant shall surrender all travel documents and make no new applications; regular pretrial supervision is imposed. All conditions to be met before release. (jw)
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Filed: 5/9/2008, Entered: 5/14/2008 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Barbara S. Jones: Pretrial Conference as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco held on 5/9/2008. Dfts Gonzalez, Williams, Richardson, and Franco are present w/respective attys. AUSA present. Crt rptr present. Govt's discovery due by 5/16/08. Dft Robert Gonzalez's motion for substitution of counsel is adjourned until 5/13/08 @ 4 p.m. The next PTC is scheduled for 6/9/08 @ 3:30 p.m. T/E from 5/9/08 to 6/9/08 to allow dfts an opportunity to file motions, and to allow the parties time to prepare for trial. These interests outweigh the interests of the dfts and the public in a speedy trial. Dfts Gonzalez, Williams and Franco cont'd remanded. Bail cont'd as to dft Richardson. ( Discovery due by 5/16/2008. Pretrial Conference set for 6/9/2008 at 03:30 PM before Judge Barbara S. Jones.) (Court Reporter Kristen Carannante) (ja)
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| 17 |
Filed: 5/5/2008, Entered: 5/5/2008 |
Endorsed Letter |
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ENDORSED LETTER as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco, addressed to Judge Jones, from Marissa Mole, AUSA, dated 4/30/08, re: The first PTC is set for 5/8/08 @ 11:30 a.m. - requests that the conference be changed.... -- Judge endorsed: Application granted. SO ORDERED. ( Pretrial Conference adjourned to 5/9/2007 at 02:30 PM before Judge Barbara S. Jones.) (Signed by Judge Barbara S. Jones on 5/5/08)(ja)
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| -- |
Filed: 4/30/2008, Entered: 5/7/2008 |
Plea Entered |
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Plea entered by Mark Franco (4) Count 1,2,3 Not Guilty. (jw)
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| -- |
Filed: 4/30/2008, Entered: 5/7/2008 |
Arraignment |
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Minute Entry for proceedings held before Magistrate Judge James C. Francis:Arraignment on Disposition Sheet as to Mark Franco (4) Count 1,2,3 held on 4/30/2008. Deft present with atty Hurwitz. AUSA Marissa Mole present. Deft pleads not guilty. (jw)
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| 16 |
Filed: 4/28/2008, Entered: 4/28/2008 |
Endorsed Letter |
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ENDORSED LETTER as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco addressed to Judge Jones from AUSA Marissa Mole dated 4/23/08 re: Arraignment is scheduled for Wednesday, 4/30/08 at 11:00 a.m. in Magistrates' Court, and the first pre-trial conference is scheduled for Thursday, 5/8/08 at 2:30 p.m. before Your Honor. The Govt requests that time be excluded until that time in order for the Govt to begin collecting discovery and for all parties to continue discussing a possible disposition of this case. ENDORSEMENT: Application granted. In the interest of justice for the reasons stated above, Speedy trial time is excluded from April 24, 2008 to May 8, 2008 pursuant to 18 U.S.C. Section 3161(h)(8)(A). (Signed by Judge Barbara S. Jones on 4/26/08)(bw)
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| 15 |
Filed: 4/22/2008, Entered: 4/24/2008 |
Indictment |
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INDICTMENT FILED as to Robert Anthony Gonzalez (1) count(s) 1, 2, 3, 4, 6, Khalil Williams (2) count(s) 1, 2, 3, 5, Rasheem Richardson (3) count(s) 1, 2, 3, Mark Franco (4) count(s) 1, 2, 3. (jm)
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| -- |
Filed: 4/22/2008, Entered: 4/24/2008 |
Case Designated ECF. |
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Case Designated ECF as to Robert Anthony Gonzalez, Khalil Williams, Rasheem Richardson, Mark Franco. (jm)
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| 13 |
Filed: 3/27/2008, Entered: 4/10/2008 |
CJA 20 Appointment |
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CJA 20 as to Mark Franco: Appointment of Attorney Michael Hurwitz for Mark Franco. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/4/08) CJA Office has mailed the original and sent a copy to the file.(sac)[1:08-mj-00674-UA]
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| 10 |
Filed: 3/27/2008, Entered: 3/28/2008 |
Financial Affidavit-CJA 23 |
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CJA 23 Financial Affidavit by Mark Franco. (Signed by Judge Magistrate Judge Gabriel W. Gorenstein) (dif)[1:08-mj-00674-UA]
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| 1 |
Filed: 3/27/2008, Entered: 3/28/2008 |
Complaint |
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COMPLAINT as to Robert Anthony Gonzalez (1), Khalil Williams (2), Rasheem Richardson (3), Mark Franco (4). In Violation of 18 U.S.C. 1951; 18 U.S.C. 924 (c), 21 U.S.C. 841 (b) (1) (C), 18 U.S.C. 922 (g); (Hobbs Act Robbery, Felon in Possession of a Firearm; Possession of a Firearm in During in Relation to a Violent Crime; Possession with Intent to Distribute a Controlled Substance) (Signed by Judge Magistrate Judge Andrew J. Peck) (dif)[1:08-mj-00674-UA]
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| -- |
Filed: 3/27/2008, Entered: 3/28/2008 |
Initial Appearance |
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance as to Mark Franco held on 3/27/2008., with CJA Attorney Michael Hurwitz and AUSA Marissa Mole for the government. Detention on Consent w/o Prejudice; ( Preliminary Examination set for 4/28/2008 at 10:00 AM before Judge Unassigned.) (dif)[1:08-mj-00674-UA]
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Filed: 3/26/2008, Entered: 3/28/2008 |
Arrest |
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Arrest of Mark Franco. (dif)[1:08-mj-00674-UA]
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