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	1 UNITED STATES DISTRICT COURT
	FOR THE DISTRICT OF COLUMBIA




	Criminal No. 21-cr-0078 (EGS)





	PRETRIAL ORDER

	It is by the Court hereby
	ORDERED that the United States shall make any required expert
	disclosures by no later than July 17, 2023; and it is further
	ORDERED that Defendant shall make any required reciprocal
	expert disclosure by no later than July 31, 2023; and it is
	further
	ORDERED that the United States shall notify Defendant of its
	intention to introduce any Rule 404(b) evidence not already
	disclosed by no later than May 5, 2023; and it is further
	ORDERED that the United States shall make grand jury and
	Jenks Act disclosures as to each witness it expects to call in its
	case-in-chief by no later than September 2, 2023. Any Brady
	material not already disclosed must also be disclosed by this
	date; and it is further
	ORDERED that the parties shall file their pretrial motions by
	UNITED STATES OF AMERICA,

	v.

	JOHN EARLE SULLIVAN,

	Defendant. Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 1 of 122 no later than June 2, 2023; oppositions shall be filed by no later
	than June 16, 2023; and replies shall be filed by no later than 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 no later than August 25, 2023; any opposition to such motion shall be filed by no later than September 1, 2023; and any reply by no later than September 7, 2023; and it is further
	ORDERED that 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 no later
	than August 25, 2023; any opposition to such motion shall be filed by no later than September 1, 2023; and any reply by no later than September 7, 2023; and it is further
	ORDERED that the Court will hold a motions hearing and
	pretrial conference on September 14, 2023 at 10:30 am. In light of the public health emergency, the hearing shall take place via ZOOM, and the parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information; and it is further
	ORDERED that jury selection shall commence on October 25,
	2023 at 9:00 am in Courtroom 24A and trial shall commence on
	October 25, 2023 at 10:00 am in Courtroom 24A; and it is further
	ORDERED that the parties are directed to review the jury voir Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 2 of 123 dire questions attached hereto as Attachment A and confer in good
	faith in an effort to submit a joint list of any additional voir
	dire questions that they wish to propose. Additional voir dire
	questions shall be filed via electronic case filing (“ECF”), with
	an additional copy submitted via email to
	sullivan_chambers@dcd.uscourts.gov in Word or Word Perfect format
	(not PDF), by no later than September 7, 2023. In the event that
	counsel are unable to agree on a joint list of additional voir
	dire questions, counsel shall file individual lists of additional
	voir dire questions via ECF, with an additional copy submitted via
	email in Word or Word Perfect format (not PDF), by no later than
	September 7, 2023. The parties shall also inform the Court if
	there are any of the listed standard voir dire questions in
	Attachment A that they do not wish the Court to use or that they
	wish to change in some way and propose alternatives, as appropriate; and it is further
	ORDERED that the parties are directed to confer in good faith
	in an effort to file a joint, concise, neutral statement of the
	case to the Court via ECF, with an additional copy submitted via
	email in Word or Word Perfect format (not PDF), by no later than September 7, 2023. If counsel are unable to agree on a statement
	of the case, counsel shall file individual proposed statements of
	facts, including a preliminary jury instruction regarding the defendant’s theory of the case, via ECF, with an additional copy submitted via email in Word or Word Perfect format (not PDF), by Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 3 of 124 no later than September 7, 2023; and it is further
	ORDERED that the Court uses standard preliminary instructions
	that will be provided to the parties in advance of trial. For final
	jury instructions, the Court uses the latest edition (September
	2018 - Release 16) of the Criminal Jury Instructions for the
	District of Columbia (the “Red Book”). A list of the Court’s standard final jury instructions is attached to this Order as Attachment B. The parties are directed to confer in good faith in
	an effort to file a joint list of any additional proposed final
	jury instructions to the Court via ECF, with an additional copy submitted via email in Word or Word Perfect format (not PDF), by
	no later than September 7, 2023. If counsel are unable to agree on
	a joint list of proposed jury instructions, counsel shall file
	individual proposed jury instructions via ECF, with an additional
	copy submitted via email in Word or Word Perfect format (not PDF),
	by no later than September 7, 2023. The parties may list any additional standard Red Book instructions by the Red Book instruction number in their submission to the Court. The parties
	are directed, however, to include the full text of all substantive
	offense instructions and any additional proposed standard
	instructions not found in the Red Book. The parties shall also inform the Court if there are any of the listed standard instructions in Attachment B that they do not wish the Court to use
	or that they wish to change in some way and propose alternatives,
	as appropriate; and it is further Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 4 of 125 ORDERED that the parties shall file a list of proposed trial
	exhibits by no later than September 7, 2023. Each party’s numbered
	list of trial exhibits, other than impeachment exhibits, shall set
	forth a description of each exhibit the party may offer in
	evidence (other than those created at trial), separately
	identifying those which the party expects to offer and those which
	the party may offer if the need arises, and should identify
	concisely the evidentiary basis for admissibility. The parties shall include a brief proffer of the specific evidentiary basis
	for any objections to an opposing party’s exhibit. In noting the
	objections, if any, the following codes should be used:
	A- Authenticity I- Contains inadmissible matter
	R- Relevancy
	H- Hearsay
	UP- Unduly prejudicial- probative value outweighed by undue
	prejudice.
	Other abbreviations may be used provided counsel identifies
	such codes in the exhibit listing them. The parties shall submit
	their exhibit lists in the format provided in Attachment C to this
	Order; and it is further
	ORDERED that the parties shall file a witness list
	identifying the names of the witnesses they will call, or may
	call, to testify at trial by no later than September 7, 2023. The
	parties shall designate each witness as one they "will call" or Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 5 of 126 "may call." The parties shall also include in their notices the
	constitutional issues, if any, implicated by the testimony of any
	particular witness. The parties are advised of their obligation to
	update the notices if a new potential witness is discovered after
	the date of the filing; and it is further
	ORDERED that the Court will utilize the Jury Evidence
	Recording System (JERS) to provide the jury with electronic access
	to the evidence in this case during their deliberations. The
	parties are directed to contact Daniel Barrett at (202) 354-3217
	for more information and training on the use of JERS; and it is
	further
	ORDERED that to the extent the parties raise objections in
	the joint pretrial statement or to the proposed substantive
	offense jury instructions, the parties shall state the basis for each objection and include citations to the controlling principles
	and legal authorities.
	Prior to the commencement of trial in this case, the Court
	will issue a further Order containing information regarding COVID-19 protocols in the courtroom.
	SO ORDERED.
	Signed: Emmet G. Sullivan
	United States District Judge
	October 6, 2022 Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 6 of 12 ATTACHMENT A – LIST OF STANDARD VOIR DIRE QUESTIONS

	1. Have you heard about the alleged offenses that are charged
	in this case?

	2. Do you live or work near the immediate area where the
	offenses are alleged to have occurred or are you familiar
	with that area for some other reason?

	3. As I stated, I am Judge Emmet Sullivan. My courtroom clerk
	is Mr. Mark Coates. The Court Reporter is [Name]. My law clerk is [Name]. Do you know me or any member of my staff?
	Do you know any of the attorneys or the defendant in this
	case?

	4. The Assistant U.S. Attorney in this case is [AUSA’s name].
	Do you know or recognize [AUSA’s name]?

	5. The defendant in this case is [defendant’s name]. He is
	being represented by attorney [defense counsel’s name]. Do
	you know or recognize [defendant’s name] or [defense
	counsel’s name]?

	6. [The government will then introduce its witnesses followed
	by the defendant introducing his witnesses. Law enforcement
	witnesses will be identified by their name, rank, and duty assignment. Lay witnesses will be identified by their name,
	address, and place of employment. Expert witnesses will be
	identified by their name, title, and place of employment.] Do you know any of the witnesses that have just been
	introduced to you?

	The next several questions apply to each of you, members of your
	immediate family, and close friends.

	7. Is anyone in that group either presently or previously
	employed by any law enforcement agency, or currently have
	pending at such an agency an application for employment? Law enforcement agencies include any police department, in or outside the District of Columbia, special police officers, prosecutors’ offices, Park Police, FBI, Department of Justice, Sheriffs’ Departments, Secret Service, Department of Corrections, or any other law enforcement
	agency.
	8. Is any member of that group either presently or previously
	employed by a public defender office or by a criminal Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 7 of 12 defense attorney or group of criminal defense attorneys or
	investigators, or currently have pending an application for
	employment with such a person or organization?

	9. Is any member of that group a lawyer or has any member of
	that group studied law in a law school or worked for or with
	a lawyer?

	10. Has any member of that group been the victim of, witness to,
	or accused of, whether convicted or not, a criminal offense?

	11. Have you or a member of your immediate family – either
	personally or in connection with a business – been involved in any legal action or dispute with the United States, or
	any officers, employees, or agents of the United States?

	12. (If law enforcement officer testimony expected.) I will be
	instructing the jury at the end of the trial that the
	testimony of a law enforcement officer should be treated the
	same as the testimony of any other witness and that the jury should not give either greater or lesser weight to the testimony of a witness simply because the witness is a law enforcement officer. Do you have such strong feelings about
	law enforcement, either positive or negative, that you would
	have difficulty following that instruction?

	13. This is a case about . Would the nature of th e
	charges themselves make it difficult for you to render a
	fair and impartial judgment in this case?

	14. (If a drug crime.) Are you now or have you in the past been
	a member of any group which advocates either for or against the legalization of drugs?

	15. Have you formed special opinions concerning defense
	attorneys, prosecutors, or accused persons that would affect you in deciding this case?

	16. Do you feel that the defendant has to testify or present
	evidence before you could find him not guilty?

	17. If selected as a juror, would you have difficulty accepting
	and applying the rule of law that the defendant is presumed Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 8 of 12 innocent unless the government proves guilt beyond a
	reasonable doubt?

	18. There has been an indictment in this case. An indictment
	is not evidence of a crime. It merely initiates a case and
	is a formal way of presenting the charges. The indictment here informs [defendant], the Court, and the members of the jury of the charge against him. Would the fact that an
	indictment charged [defendant] with a crime lead you to
	believe that he is guilty or make it difficult for you to apply the presumption of innocence?

	19. The law requires that jurors weigh the evidence in a case
	and reach a verdict based solely upon the admitted evidence
	and instructions of law, without regard whatsoever for what
	the potential punishment might or might not be. Would you
	have any difficulty at all following this principle?

	20. Do you have such strong moral or religious convictions that
	it would prevent you from passing judgment on another person?

	21. Do you know any of the other members of the jury panel from
	before today?

	22. Are you suffering from any sight, hearing, or health
	problems that would make it difficult for you to give your full time and attention to this trial, and render a fair and
	impartial verdict?

	23. Have you ever served as a grand juror or juror in the trial of a criminal case in federal court, a District of Columbia Court, or in a court located in another state?

	24. I expect this case to take approximately [number of days]
	to try. Do you have any pressing commitment that would make sitting on this jury an extreme hardship?

	25. Is there any reason you can think of, whether or not it has
	been covered by a previous question, why you could not sit fairly, attentively, or impartially as a juror in this case? Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 9 of 12 ATTACHMENT B – LIST OF STANDARD FINAL JURY INSTRUCTIONS

	These instructions are taken from the current edition (September
	2018 - Release 16) of the Criminal Jury Instructions for the District of Columbia (the “Red Book”).

	General Instructions

	2.101 Function of the Court
	2.102 Function of the Jury
	2.103 Jury’s Recollection Controls
	1.105(B) Final Instruction When Notetaking is Permitted
	2.107 Burden of Proof - Presumption of Innocence
	2.108 Reasonable Doubt
	2.110 Nature of Charges Not to Be Considered
	2.104 Evidence in Case [testimony, exhibits, stipulations]
	1.104 Question Not Evidence
	2.105 Statements of Counsel
	2.106 Indictment or Information Not Evidence
	2.112 Inadmissible and Stricken Evidence

	Evaluation of Testimony and Other Evidence

	2.109 Direct and Circumstantial Evidence
	2.200 Credibility of Witnesses
	2.207 Police Officer’s Testimony (if applicable)
	2.208 Right of Defendant Not to Testify (if applicable)
	2.209 Defendant as Witness (if applicable)

	Definitions, Proof, Offenses, Defenses

	3.103 “On or About” - Proof Of
	3.101 Proof of State of Mind

	Substantive Offense Instructions
	[To be submitted by the parties.]

	Closing Remarks

	2.505 Possible Punishment Not Relevant
	2.502 Selection of Foreperson
	2.405 Unanimity of Verdict
	2.509 Communications Between Court and Jury During
	Jury’s Deliberations
	2.501 Exhibits During Deliberations
	2.100 Furnishing the Jury with a Copy of the Instructions
	Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 10 of 12Objections: (A) - Authenticity, (I)- Contains inadmissible matter, (R) - Relevancy, (H) - Hearsay, (UP) - Unduly prejudicial- probative value
	outweighed by undue prejudice ATTACHMENT C – SAMPLE EXHIBIT LIST
	UNITED STATES DISTRICT COURT
	FOR THE DISTRICT OF COLUMBIA


	UNITED STATES OF AMERICA

	v.
	[DEFENDANT]
	Case No. XX- cr-XXXX (EGS)


	[PARTY’S] EXHIBIT LIST

	U.S.
	No. Def.
	No. Description /Basis for Admissibility Doc
	Date Objections Use (Will
	or May) Marked Admitted Witness














	Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 11 of 12Objections: (A) - Authenticity, (I) - Contains inadmissible matter, (R) - Relevancy, (H) - Hearsay, (UP) - Unduly prejudicial - probative value
	outweighed by undue prejudice U.S.
	No. Def.
	No. Description /Basis for Admissibility Doc
	Date Objections Use (Will
	or May) Marked Admitted Witness



















	Case 1:21-cr-00078-EGS Document 83 Filed 10/06/22 Page 12 of 12