Caliendo, 910 F.2d at 438; Studley, 892 F.2d at 524.
Accordingly, the court denies Thomas' Motion for Severance as not warranted under Rules 14 and 8(b) of the Federal Rules of Criminal Procedure.
II. GOVERNMENT'S PRETRIAL MOTIONS
A. Motion for Reciprocal Discovery
The government moves the court to enter an order pursuant to Federal Rules of Evidence 16(b)(1)(A) and (B) requiring defendants to "make immediately available for inspection by the government: (1) all photographs, books, papers, documents, intangible objects, including tape recordings, which are within the possession, custody, and control of the defendants and their counsel and which they intend to introduce as evidence in their case-in-chief at trial; and (2) any result or report of physical or mental examination and scientific test or experiment made in connection with this case, which is within the possession or control of the defendants and their counsel and which they intent [sic] to introduce as evidence-in-chief at the trial or which were prepared by a witness whom defendants intent [sic] to call at trial." Government's Consolidated Response, at 28. The disclosures requested are specifically covered by Federal Rule of Evidence 16 and Local Criminal Rule 2.04. Therefore, the government's motion is granted.
B. Motion for Production of Defense Witness Statements Under Federal Rule of Criminal Procedure 26.2
The government, pursuant to Federal Rule of Criminal Procedure 26.2(a), moves this court "to enter an order requiring defendants to produce any statement of defense witnesses in the possession of the defense and relating to the subject matter of the anticipated testimony of that witness 10 days prior to trial, the time which the government has agreed to turn over Jencks Act witness statements." Since the government has agreed to produce its witnesses' statements 10 days prior to trial in the interest of the speedy administration of justice and defendants did not object to the government's motion, the defendants are ordered to produce the statements of witnesses other than the defendants who will testify on direct examination before trial. The government's motion for pretrial discovery of Rule 26.2 statements is therefore granted.
In summary, defendant Langston's motion to require production of Santiago memorandum is denied as moot since the government has already proffered one. Similarly, Langston's motions to preserve agents' notes and to require notice of intention to use other crimes, wrongs or acts as evidence under 404(b) are denied as moot. To the extent Langston requests notice more specific than required by 404(b) or notice of intent to use specific instances of conduct pursuant to 608(b), the motion is denied. The motions filed by Chambers and Sims for a bill of particulars are denied since both defendants are sufficiently apprised of the charges against them by the specific indictment and other discovery. Defendant Chambers' motion for disclosure of Giglio information is denied as moot since the government has acknowledged its responsibility to produce Giglio material. The motions for a list of government witnesses filed by Chambers and Sims are denied because defendants are not entitled to such lists. Motions of Chambers and Moore for discovery and inspection are denied in part as moot and in part as overbroad. Chambers' motion for suppression of evidence not tendered as agreed at the conference held pursuant to Local Criminal Rule 2.04 is denied. Chambers' and Moore's motions for leave to file additional pretrial motions are denied. Thomas' motion for severance is denied as unwarranted pursuant to Federal Rules of Criminal Procedure 8(b) and 14. Thomas' motion for early return of trial subpoenas is granted, provided however that this order shall be reciprocal in fairness to the government. Motions filed by Chambers, Thomas and Moore to require disclosure of material exculpatory evidence pursuant to Brady are denied as moot, since the government has promised to disclose any Brady material as it becomes available. Finally, the government's motions for pretrial production of defense witness statements pursuant to Federal Rule of Criminal Procedure 26.2 and for reciprocal discovery under Federal Rule of Criminal Procedure 16(b)(1) are granted.
Date: SEP 28 1992
JAMES H. ALESIA
United States District Judge