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United States v. Vallodolid

United States District Court, N.D. Indiana, Hammond Division

August 15, 2017

UNITED STATES OF AMERICA Plaintiff,
v.
DARRICK VALLODOLID, Defendant.

          OPINION AND ORDER

          Andrew P. Rodovich, United States Magistrate Judge.

         This matter is before the court on the Renewed Motion for Disclosure of Favorable Evidence [DE 892] filed by the defendant, Darrick Vallodolid, on July 14, 2017. For the following reasons, the motion is DENIED as MOOT.

         Background

         The defendant, Darrick Vallodolid, has been charged in the Third Superseding Indictment with conspiracy to participate in racketeering activity in violation of 18 U.S.C. § 1962(d) and conspiracy to possess with intent to distribute and to distribute cocaine and marijuana in violation of 21 U.S.C. § 846. Vallodolid has requested that the Government disclose any undisclosed evidence or information known or in its possession, custody, or control that is favorable to Vallodolid and is material to the issues of his guilt, innocence, or sentencing, or which bears upon the credibility of a Government witness.

         On June 13, 2017, the Government filed the Notice of Intent to Introduce Enterprise Evidence [DE 824]. The Notice indicated that the Government intends to introduce as evidence at trial that on April 12, 2009, Vallodolid shot and killed Victor Lusinski, who he believed was a rival gang member. Also, on July 7, 2017, the Government filed a second Notice of Intent to Introduce Enterprise Evidence [DE 875] and the Supplemental Notice of Enhanced Sentencing [DE 876], which included additional overt acts regarding Vallodolid.

         In order to investigate the new allegations and prepare for trial, Vallodolid has requested the immediate disclosure of the following evidence:

1. Any and all grants of immunity, favors, or promises of any kind, made to any witness in connection with obtaining his or her testimony or assistance. This includes any plea agreement entered into between the government and the witness, as a result of which the witness is testifying against Defendant in this case, or on behalf of the government at any other trial, grand jury or other proceedings, or is otherwise furnishing information to the government. Also requested are any requests for authorization from the Department of Justice to apply for compulsion orders in which the government attorneys, in setting forth the basis for said request, referred to suspicions or allegations of the government, or its agencies, with respect to the involvement of the witness in the allegations set forth in the indictment;
2. Any assistance, financial or otherwise, provided by any attorney or agent of the government to any witness for any reason, including assistance with local or federal law enforcement agencies, or any other agency of federal, state, or local government;
3. The criminal identification and history sheet of each potential government witness;
4. The existence and identification of each occasion on which the witness has testified before any court, grand jury, or other tribunal or body or otherwise narrated in relation to the defendant, the investigation or the facts of this case;
5. The existence and identification of each occasion on which each witness who is an informer, accomplice, co-conspirator, or expert has testified before any court, grand jury, or other tribunal or body;
6. Any criminal charges pending against any potential government witness which have not been disposed of either by conviction and sentence or acquittal;
7. Any criminal activity in which a potential government witness has engaged which has not resulted in prosecution or conviction;
8. All mental, psychiatric, or drug abuse and dependency records of any individuals who are intended to be called as witnesses insofar as said reports relate to said individual's ability to be truthful, forthright and honest as a witness and to know, hear, see, tell, and relate facts which occur in their presence as such is in the possession, custody, or control or is known to the government ...

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