United States District Court, S.D. Indiana, New Albany Division
ENTRY FOLLOWING FINAL PRETRIAL CONFERENCE
WALTON PRATT, JUDGE
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
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.
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.)
The Court conducted a review of the witness
lists to determine who will testify and the subjects
of their testimony.
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.
Agent Ronald Hornback will be the Government's assisting
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.
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.
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
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.
The Court conducted a general review of the
parties' exhibit lists.
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.
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 ...