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Accordingly, this Court concludes that the United States is under no obligation to provide Defendant with all exculpatory evidence at this time.ĭefendant requests that the Court order the United States to produce a Bill of Particulars detailing specific evidence the government has compiled in this case (doc. The Sixth Circuit has specifically ruled that Brady does not cover pre-trial discovery. The United States cannot be expected to determine which evidence will be favorable to the accused prior to trial without any knowledge of the accused's planned defense. However, " Brady holds only that the suppression at trial of evidence favorable to the accused is a denial of due process." United States v. Defendant contends that the United States' failure to provide him with any exculpatory evidence in its possession is a violation of his due process rights ( Id.
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Motion to Examine Exculpatory and Mitigatory Materialĭefendant moved for the Court to order the United States to turn over all exculpatory evidence known to them at this time (doc. The alleged scheme involved Defendant borrowing money for his many businesses from Provident Bank, and subsequently transferring the loan proceeds to other accounts unrelated to the businesses for which the loans were secured ( Id.). Defendant allegedly conspired with David Oliverio, a vice-president with Provident Bank, to obtain loans with the knowledge that at least a portion of the loan proceeds would not be used for their stated purpose ( Id.). 10, 13, 14, 15).ĭefendant Craig Perkins is charged with conspiring to defraud Provident Bank in violation of 18 U.S.C. For the reasons stated herein, the Court DENIES all four of Defendant's Motions (docs. 15), and the United States' Response (doc. 19), Defendant's Motion to Preserve Investigative Notes and Tapes (doc. 16), Defendant's Motion for Production of Law Enforcement Interview Notes (doc. 17), Defendant's Motion for Bill of Particulars (doc. This matter is before the Court on Defendant's Motion to Examine Exculpatory Evidence and Mitigatory Material (doc.