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United States v. Grisanti

United States District Court, S.D. Indiana, New Albany Division

March 28, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ADRIAN GRISANTI, Defendant.

          ENTRY FOLLOWING FINAL PRETRIAL CONFERENCE

          TANYA WALTON PRATT, JUDGE

         This matter was before the Court for a Final Pretrial Conference on March 27, 2018. The Government appeared by Bradley Shepard, Assistant United States Attorney. Also present for the Government was FBI Agent Ronald Hornback. Defendant Adrian Grisanti appeared in person and by counsel, Armand Judah. The Court Reporter was David Moxley. During this final pretrial conference, the trial of this case was discussed. Pursuant to Federal Rule of Criminal Procedure 17.1, the following discussion was held, rulings made, and directions given.

         1. The jury trial in this matter is scheduled to begin on Monday, April 16, 2018, at 9:00 a.m., in the Lee H. Hamilton Federal Building and United States Courthouse, 121 West Spring Street, New Albany, Indiana. The parties estimate that the jury trial will last five to six days. The doors to the Courtroom will be unlocked at 7:30 a.m. Attorneys and the Defendant are ordered to appear by 8:00 a.m. on the first day of trial. The prospective jury venire persons are scheduled to arrive at staggered times, but all will have arrived by 8:30 a.m. Jury selection will begin promptly at 9:00 a.m.

         2. Grisanti is charged with Counts 1-11: Receiving Child Pornography in violation of 18 U.S.C. § 2252(a)(2)(A); Counts 12-19: Knowing Access with Intent to View Child Pornography in violation of 18 § 2252(a)(5)(B); Count 20: Knowing Possession of Material Containing Child Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), and Count 21: Destruction of Evidence in violation of 18 U.S.C. § 1519. (Filing No. 58.)

         3. The Court conducted a review of the witness lists to determine who will testify and the subjects of their testimony.

         a. The Government filed its First Witness List (Filing No. 74) to which Grisanti had no objections. The Government discussed the expected testimony of its 32 potential witnesses. If stipulations are reached, the Government may reduce the number of witnesses which it will call.

         b. FBI Agent Ronald Hornback will be the Government's assisting witness.

         c. Grisanti filed his Witness List (Filing No. 66), to which the Government had no objections. Counsel discussed the expected testimony of its listed witnesses Adrian Grisanti, Jessica Johnson, and Karen Keeler. A final determination on whether Grisanti will testify will be made during trial. Rather than call Jessica Johnson and Karen Keeler in his case-in-chief, counsel will cross-examine these witnesses, who are also listed by the Government.

         d. The Government filed its Expert Disclosures (Filing No. 76), listing James Fottrell, Detective Sergeant James D. Price, Detective Sergeant Patrick Deckard, Mallory Johnson, and Special Agent Ronald A. Hornback, Jr. The Government discussed that it will provide the curriculum vitae of Dan Alfin, as his testimony may be that of an expert. The Government will also provide the curriculum vitae of any witness who will testify regarding cell phone tower evidence.

         e. Grisanti filed an Amended Expert Witness List (Filing No. 50), listing Jason Hale as a certified computer examiner. Grisanti intends to call Jason Hale as a forensic computer expert.

         f. Grisanti requested leave to have his expert witness sit at counsel's table with him during trial, under Federal Rule of Evidence 615 as essential to presenting his defense. It is Grisanti's burden to show that a Rule 615 exception applies. “Rule 615(3) confers discretion upon district courts to determine whether a given witness (of whatever stripe) is essential.” United States v. Olofson, 563 F.3d 652, 660 (7th Cir. 2009). For security reasons, the Court only allows counsel of record to sit at the defendant's table during criminal trials. The Court does not find Jason Hale essential to Grisanti's defense warranting his presence at counsel's table; however, he may be present in the courtroom during the testimony of the Government's forensic expert witnesses. If counsel needs to speak with Mr. Hale during the trial proceedings, he may request a recess to do so.

         4. The Court conducted a general review of the parties' exhibit lists.

         a. The Government submitted a list of 173 exhibits, but intends to update the number to 176. Grisanti did not have an objection at this time but may object at trial.

         b. Grisanti submitted a list of three exhibits related to Tami Loehrs. (Filing No. 28.) Tami Loehrs has been replaced by Jason Hale. Grisanti will submit a second amended exhibit list which lists ...


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