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DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: SUSAN R. BOLTON Date: October 3, 2019

USA v. Abdul Malik Abdul Kareem Case Number: CR-15-00707-1-PHX-SRB

Assistant U.S. Attorney: Kristen Brook and Joseph Koehler (both appearing telephonically)

Attorney for Defendant: Daniel Drake and Daniel Maynard, CJA (both appearing

telephonically)

Interpreter: N/A

Defendant: ☒ Present (telephonically) ☒ Custody

PROCEEDINGS: X Open Court SEALED

3:03 p.m. This is the time set for Telephonic Conference re: Government’s Motion for Clarification

of Court’s Order Setting Evidentiary Hearing (Doc. 579). The Court clarifies with counsel that the

Evidentiary Hearing set on October 15, 2019, is limited to the issues surrounding the pole camera

and its failure to be disclosed until May 2019. The Court notes that Defendant’s Supplemental

Motion for New Trial argues the footage is Brady material.

Discussion held regarding information sharing and organization of the cases within the FBI.

Government’s counsel advises the Court that the Government’s Reply at Doc. 604 and the

Government’s Hearing Memorandum (Doc. 607) set forth the testimony that the Government will be

presenting at the Evidentiary Hearing, as well as the names of Government witnesses.

Defense counsel advise the Court that the subpoena will not be served on Sharon McAllister who is

no longer an employee of the FBI and that she will not be called to testify.

Government’s Motion to Quash Subpoena as to Joseph Koehler (Doc. 606) is discussed. The Court

will not quash the subpoena at this time. Defense counsel may not call Mr. Koehler to testify at the

Evidentiary Hearing until after the other witnesses have testified. Defense counsel will need to

articulate a compelling need for the testimony of Mr. Koehler.

Regarding the Joshua Goldberg information, the Court will not expand the hearing to cover any of

that information. Said information can be addressed by briefs and argument.

Case 2:15-cr-00707-SRB Document 608 Filed 10/03/19 Page 1 of 2
USA v. Abdul Malik Abdul Kareem Date: October 3, 2019

Case Number: CR-15-00707-1-PHX-SRB Page 2 of 2

Page 2 of 2

Regarding disclosure of documents relating to the pole camera, Government’s counsel advises that it

has additional documents it will be disclosing in the next day or so and that some of the Defense

requests for documents are attached to its Hearing Memorandum. Defense counsel are to review the

documents and if they believe other documents should be disclosed counsel are directed to discuss

the additional requested documents with Government’s counsel.

3:39 p.m. Court is adjourned.

Recorded By Charlotte Powers

Deputy Clerk Maureen Williams

Case 2:15-cr-00707-SRB Document 608 Filed 10/03/19 Page 2 of 2

text/markdown

DISTRICT JUDGE'S MINUTES IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

– PHOENIX

U.S. District Judge: SUSAN R. BOLTON Date: October 3, 2019

USA v. Abdul Malik Abdul Kareem Case Number: CR

- 15

- 00 707

- 1

- PHX

- SRB

Assistant U.S. Attorney: Kristen Brook and Joseph Koehler (both appearing telephonically) Attorney for Defendant: Daniel Drake and Daniel Maynard, CJA (both appearing telephonically) Interpreter: N/A

Defendant: ☒ Present (telephonically) ☒ Custody

PROCEEDINGS : X Open Court SEALED

3:03 p.m. This is the time set for Telephonic Conference re: Government’s Motion for Clarification of Court’s Order Setting Evidentiary Hearing (Doc. 579). The Court clarifies with counsel that the Evidentiary Hearing set on October 15, 2019, is limited to the issues surr ou nding the pole camera and its failure to be disclosed until May 2019. The Court notes that Defendant’s Supplemental

Motion for New Trial argues the footage is Brady material.

Discussion held regarding information sharing and organization of the cases within the FBI.

Government’s counsel advises the Court that the Government’s Reply at Doc. 6 04 and the Government’s Hearing Memorandum (Doc. 607) set forth the testimony that the Government will be presenting at the Evidentiary Hearing

, as well as the name s of Government w itnesses

Defense counsel advise the Court that the subpoena will not be served on Sharon McAllister who is no longer an employee of the FBI and that she will not be called to testify.

Government’s Motion to Quash Subpoena as to Joseph Koehler (Doc. 606 ) is discussed. The Court will not quash the subpoena at this time. Defense counsel may not call Mr. K o ehler to testify at the Evidentiary Hearing until after the other witnesses have testified

. Defense counsel will need to articulate a compelling need for the testimony of Mr. Koehler.

Regarding the Joshua Goldberg information, the Court will not expand the hearing to cover any of

that information. Said information can be addres sed by briefs and argument.

Case 2:15-cr-00707-SRB Document 608 Filed 10/03/19 Page 1 of 2USA v. Abdul Malik Abdul Kareem Date: October 3, 2019

Case Number: CR

- 15

- 00707

- 1

- PHX

- SRB Page 2 of 2

Page 2 of 2 Regarding disclosure of documents relating to the pole camera, Government ’ s counsel advises that it has additional documents it will be disclosing in the next day or so and that some of the Defense

requ ests for documents are attached to its Hearing Memorandum. Defense counsel are to review the

documents and if th ey believe other documents should be disclosed counsel are directed to discuss the additional requested documents with Government’s counsel.

3:39 p.m. Court is adjourned.

Recorded By Charlotte Powers Deputy Clerk Maureen Williams

Case 2:15-cr-00707-SRB Document 608 Filed 10/03/19 Page 2 of 2