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08-22-22 - Joint STATUS REPORT and Proposed Pretrial Deadlines by USA as to JOHN EARLE SULLIVAN.txt
| UNITED STATES DISTRICT COURT | |
| FOR THE DISTRICT OF COLUMBIA | |
| UNITED STATES OF AMERICA : | |
| : | |
| v. : Criminal No. 1:21- cr-00078- EGS | |
| : | |
| JOHN EARLE SULLIVAN, : | |
| : | |
| Defendant. : | |
| JOINT STATUS REPORT AND PROPOSED PRETRIAL DEADLINES | |
| The United States of America , with concurrence of defense counsel, hereby respectfully | |
| submits this status report to the Court regarding the above -captioned case. | |
| A. Background | |
| The grand jury returned on November 10, 2021, a Superseding Indictment charging | |
| Defendant with violation of 18 U.S.C. §§ 1512(c)(2) (Obstruction of an Official Proceeding) in | |
| addition to other charges including 18 U.S.C. §§ 231(a)(3)(Civil Disorder), 1752( a)(1) and | |
| (b)(1)(A)(Entering and Remaining in a Restricted Building or Grounds with a Dangerous Weapon), 1752(a)(2) and (b)(1)(A) (Disorderly and Disruptive Conduct in a Restricted Building with a Dangerous Weapon) and 1001(a)(2)(False Statement or Represe ntation to an Agency of | |
| the United States) and 40 U.S.C. §§ 5104(e)(1)(A)(i)(Unlawful Possession of a Dangerous Weapon on Capitol Grounds or Buildings), 5104(e)(2)(D)(Disorderly Conduct in a Capitol Building), and 5104(e)(2)(D)(Parading, Demonstrating, or Picketing in a Capitol Building). | |
| The defendant is not in custody. Additionally, the parties note that there are numerous | |
| substantive motions pending before the Court that toll the speedy trial clock. These include | |
| Defendant’s Motion to Dismiss Count 1 of the Superseding Indictment and Motion to Adopt and | |
| Join Motion in 21- cr-28 [DE 62] and a Supplemental Motion to Dismiss Count [71], Motion to Case 1:21-cr-00078-RCL Document 82 Filed 08/22/22 Page 1 of 4 | |
| Dismiss Count Eight of the Superseding Indictment as Being Void for Vagueness [DE 47], and a | |
| Motion to Suppress C ustodial Statements [DE 46]. | |
| The Court set a trial date of October 25, 2023, and directed the parties to propose a | |
| pretrial deadlines for (1) expert disclosure; (2) grand jury and Jenks Act disclosures at to each witness the Government expects to call in i ts case -in-chief; and (3) Brady materials not already | |
| disclosed by August 23, 2022. The parties propose the below accordingly. | |
| B. Proposed Pret rial Deadlines | |
| 1. The United States shall make any required expert disclosures pursuant to | |
| Rule 16(a)(1)(G) by July 17, 2023; any reciprocal expert disclosure by Defendant | |
| pursuant to Rule 16(b)(1)(C) shall be made by July 31, 2023. | |
| 2. The United States will endeavor to make grand jury and Jencks Act disclosures | |
| as to each witness it expects to call in its case- in-chief on or before September | |
| 2, 2023. Any Brady material not already disclosed also must be disclosed by this | |
| date. | |
| C. Additional Pre trial Deadlines | |
| To assist the Court further, the parties also proposed the following pretrial deadlines for | |
| the Court’s consideration. | |
| 1. The United States shall notify Defendant of its intention to introduce any Rule 404(b) evidence not already disclosed on or before May 5, 2023. | |
| 2. Motions in limine shall be filed on or before June 2 , 2023; oppositions shall be | |
| filed on or June 16, 2023; and replies shall be filed on or before June 23, 2023. | |
| If the United States wishes to file a motion in limine with respect to any defense | |
| expert, it may do so by filing a motion by August 25 , 2023; any opposition to Case 1:21-cr-00078-RCL Document 82 Filed 08/22/22 Page 2 of 4 | |
| such motion shall be filed by September 1 , 2023. | |
| 3. Defendant shall satisfy his reciprocal discovery obligations, if any, under | |
| Rule 16(b) (except as to experts, as noted above) by July 3, 2023. The court | |
| will consider any motion in limine with respect to reciprocal discovery after | |
| such discovery is received. Any such motion shall be filed by August 25, 2023; | |
| any opposition to such moti on shall be filed by September 1 , 2023. | |
| 4. The parties request that a hearing be scheduled to present argument as to any | |
| motions filed pursuant to paragraph s 2and 3 the week of September 11 , 2023. | |
| 5. On or before October 1 3, 2023, counsel shall file a Joint Pre trial Statement that | |
| contains the following: | |
| a. Proposed voir dire questions . | |
| b. Proposed jury instructions . | |
| c. List of witnesses . | |
| d. Exhibit lists. | |
| e. Stipulations . | |
| f. Proposed verdict form . | |
| Case 1:21-cr-00078-RCL Document 82 Filed 08/22/22 Page 3 of 4 | |
| Respectfully submitted, | |
| COUNSEL FOR THE GOVERNMENT | |
| MATTHEW GRAVES | |
| United States Attorney | |
| DC Bar No. 4 81052 | |
| By: /s/ Joseph H. Huynh | |
| JOSEPH H. HUYNH | |
| D.C. Bar No. 495403 | |
| Assistant United States Attorney (Detailed) | |
| 405 East 8th Avenue, Suite 2400 | |
| Eugene, Oregon 97401- 2708 | |
| Telephone: (541) 465 -6771 | |
| Joseph.Huynh@usdoj.gov | |
| COUNSEL FOR THE DEFENDANT | |
| /s/ Steven Roy Kiersh | |
| STEVEN ROY KIERSH | |
| DC Bar # 323329 Law Offices of Steven R. Kiersh | |
| 5335 Wisconsin Avenue, NW | |
| Suite 440 Washington, DC 20015 Telephone (202) 347- 0200 | |
| skeirsh@aol.com | |
| Case 1:21-cr-00078-RCL Document 82 Filed 08/22/22 Page 4 of 4 |