Case 1:15-cr-00178-AJT Document 94 Filed 11/23/15 Page 1 of 4 PageID# 556

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
v.
ROGER G. COLEMAN
Defendant.

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No. 1:15cr178-4
Honorable Anthony J. Trenga

RESPONSE OF THE UNITED STATES TO DEFENDANT COLEMANS MOTION FOR

DISCOVERY AND BRADY
COMES NOW the United States of America, through the undersigned counsel, in
response to Defendant Colemans Motion for Discovery and Brady (Doc. #88). For the reasons
set forth herein, the government submits that it is in compliance with, and will remain in
compliance with, all of its constitutional and statutory discovery obligations, and that there is no
reason for this Court to enter further orders pertaining to such matters at this time.
1.

Coleman was arraigned on July 29, 2015, along with defendants Hiskey, Zangara,

Dresner, and Moeller. Doc. #36. At this arraignment, a standard discovery order was entered as
to Hiskey, Zangara, and Dresner. See id. The discovery order sets deadlines for the
governments disclosure of materials pursuant to Federal Rule of Criminal Procedure 16(a), for
the provision of notice pursuant to Federal Rules of Evidence 404(b), 702, 703, and 705, and for
the production of Jencks and Giglio materials. The discovery order also re-affirms the
governments constitutional obligation to promptly disclose Brady material. The discovery order
also contains certain production and notice deadlines applicable to defendants. See Doc. #38.1

Defendant Gallison entered into an identical discovery order on September 4, 2015. See Docs.
#57 & 61.

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2.

While Coleman did not sign the discovery order, the government has produced

discovery materials to all defendants on the same schedule, regardless of whether there is a
discovery order in effect as to that particular defendant. As the government represented to this
Court at the status hearing on October 30, 2015, all defendants who have made an appearance in
this case and are scheduled for trial on January 25, 2016 have received substantial discovery,
including numerous recordings and documentary evidence regarding the charged schemes. The
government expects that, by Colemans motions hearing date on December 4, 2015, all of the
governments discovery will have been produced, save for the Jencks and Giglio production and
the production of any new materials that the government may possibly obtain after todays date.
In keeping with its representations to the Court at the status hearing, the government also has
provided to all defense counsel a list of additional materials (principally electronics) in the
governments possession beyond those that have been fully reviewed by the government and
produced in discovery, and has indicated that it will disclose the contents of such additional
materials to any defendant who requests that the government do so.
3.

With respect to Jencks and Giglio materials, the government represents that it will

disclose them by the deadline set forth in the discovery order, even as to defendants such as
Coleman who have not signed the discovery order. Moreover, the government will offer
substantially earlier disclosure of Jencks and Giglio materials in exchange for certain evidentiary
stipulations. The government expects to engage counsel on such disclosures and stipulations as
soon as it completes ongoing plea discussions and ascertains which defendants intend to proceed
to trial.
4.

Colemans Motion for Discovery and Brady does not question the adequacy of

the governments discovery to date, nor does it suggest a different schedule for production than
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what is provided in the standard discovery order. Given the discovery practice to date in this
case and the governments representations about future Jencks and Giglio disclosures, the
government does not see the need for this Court to enter any additional orders relating to
discovery at this time.

Respectfully submitted,
Dana J. Boente
United States Attorney

By:

/s/
_
Kosta S. Stojilkovic
Assistant United States Attorney
United States Attorneys Office
2100 Jamieson Avenue
Alexandria, Virginia 22314
Phone: (703) 299-3700
Fax: (703) 299-3981
kosta.stojilkovic@usdoj.gov
Andrew Weissman
Chief, Fraud Section
Criminal Division, U.S. Department of Justice

By:

/s/
_
N. Nathan Dimock
Senior Trial Attorney
Special Assistant United States Attorney (EDVA)
Tel: (202) 514-0095
Fax: (202) 514-6118
nathan.dimock@usdoj.gov
Michael T. ONeill
Trial Attorney
Special Assistant United States Attorney (EDVA)
Tel: (202) 616-1545
Fax: (202) 514-0152
michael.t.oneill@usdoj.gov
1400 New York Avenue, NW
Washington, DC 20530
3

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CERTIFICATE OF SERVICE
I hereby certify that on the 23th day of November, 2015, I electronically filed the
foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of
such filing (NEF) to all counsel of record in this case.

By:

/s/
Kosta S. Stojilkovic
Assistant United States Attorney
United States Attorneys Office
2100 Jamieson Avenue
Alexandria, Virginia 22314
Phone: (703) 299-3700
Fax: (703) 299-3981
kosta.stojilkovic@usdoj.gov