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United States v. Williams

United States District Court, N.D. California

April 12, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ALFONZO WILLIAMS, et al, Defendants.

          CORRECTED SECOND ORDER REVISING PRE-TRIAL SCHEDULE

          WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE

         Jury selection for the trial of the first group of defendants will commence on October 23, 2017, with opening statements to follow after empanelment. The first group will include defendants Reginald Elmore, Esau Ferdinand, Adrian Gordon, Monzell Harding, Charles Heard and Jaquain Young.[1] Trial of the second group, which includes defendants Antonio Gilton, Barry Gilton, Lupe Mercado, Paul Robeson and Alfonso Williams, will commence no later than May 14, 2018. Counsel for Antonio Gilton, Barry Gilton and Alfonso Williams shall notify the Court promptly if the conflicts they have identified are resolved prior to that date.

         Two Pre-Trial Conferences will be held for the first group. The initial conference is set for September 8, 2017 at 9 a.m. and the final conference is set for October 6, 2017 at 9 a.m.

         I. PRE-TRIAL DATES

         September 11, 2017:

(i) Jencks Act materials and transcripts[2] produced pursuant to the Heightened Protective Order. Defendants' review Dated: October 2, 2017.

         August 28, 2017:

(i) File trial memorandum that briefly states the legal bases for the charges and the anticipated evidence, and addresses any evidentiary, procedural, or other anticipated legal issues.
(ii) File proposed jury instructions on all substantive issues and on any procedural issue not adequately covered by the Ninth Circuit Manual of Model Jury Instructions. The submission shall contain both agreed upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent's authority for seeking the instruction and the opponent's reason for opposition. Counsel shall deliver to Chambers a copy of the joint submission, on a CD/DVD in Word format. The label shall include the case number and a description of the documents. Each requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English, and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case. If the parties wish to have a preliminary statement read to the jury, they shall jointly prepare and file the text of the proposed preliminary statement at least seven days prior to the second Pre-trial Conference.
(iii) Serve and lodge a proposed form of verdict.
(iv) Counsel shall confer and be prepared to discuss with the Court at the first Pre-trial Conference any anticipated evidentiary objections and any means for shortening and simplifying the trial (by stipulating to such matters as chain of custody, nature of substances, use of the mails, etc.);
(v) Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately. We will discuss the length of follow up voir dire by counsel at the second Pre-trial Conference.

         August 21, 2017:

(i) File oppositions to motions in ...

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