08-22-22 - Joint STATUS REPORT and Proposed Pretrial Deadlines by USA as to JOHN EARLE SULLIVAN.txt

Case 1:21-cr-00078-RCL Document 82 Filed 08/22/22 Page 1 of 4
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 Representation 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 toCase 1:21-cr-00078-RCL Document 82 Filed 08/22/22 Page 2 of 4
Dismiss Count Eight of the Superseding Indictment as Being Void for Vagueness [DE 47], and a
Motion to Suppress Custodial 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 its case-in-chief; and (3) Brady materials not already
disclosed by August 23, 2022. The parties propose the below accordingly.
B. Proposed Pretrial 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 Pretrial 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 toCase 1:21-cr-00078-RCL Document 82 Filed 08/22/22 Page 3 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 motion 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 paragraphs 2and 3 the week of September 11, 2023.
5. On or before October 13, 2023, counsel shall file a Joint Pretrial 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 4 of 4
Respectfully submitted,
COUNSEL FOR THE GOVERNMENT
MATTHEW GRAVES
United States Attorney
DC Bar No. 481052
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