IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO CRIMINAL NO (PJB)

Similar documents
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Case: LTS Doc#:111 Filed:05/25/17 Entered:05/25/17 13:40:50 Document Page 1 of 6

Case 3:15-cv FAB-MEL Document 29 Filed 09/28/15 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Case: LTS Doc#:393 Filed:02/13/18 Entered:02/13/18 00:32:42 Document Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Case: LTS Doc#:1306 Filed:09/14/17 Entered:09/14/17 16:20:14 Document Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO

OPPOSITION TO MOTION FOR STAY OF ENTRY OF JUDGEMENT

Case: LTS Doc#:11-24 Filed:06/19/17 Entered:06/19/17 21:15:29 Exhibit Exhbit 17 Motion Page 1 of 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

(No. 277) (Approved December 12, 2002) AN ACT

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

(S. B. 397) (Conference) (Reconsidered) (No. 281) (Approved September 27, 2003) AN ACT To create the Puerto Rico Jury Service Administration Act, for

(No. 281) (Approved September 27, 2003) AN ACT

Case 1:08-cr Document 176 Filed 04/05/10 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA - Alexandria Division -

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

(S.B. 2434) (No. 321) (Approved September 2, 2000) AN ACT

IN THE SUPREME COURT OF FLORIDA ANSWER AND AFFIRMATIVE DEFENSES AND MOTION FOR MORE DEFINITE STATEMENT

(Approved January 1, 2003) AN ACT

Case: LTS Doc#:939 Filed:08/07/17 Entered:08/07/17 16:27:11 Document Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

IN THE DISTRICT COURT FOR OKLAHOMA COUNTY::U1 STATE OF OKLAHOMA MOTION AND SUPPORTING BRIEF FOR PERMISSION TO TELEVISE COURT PROCEEDINGS

(No. 105) (Approved April 10, 2003) AN ACT

Case 6:18-cr RBD-DCI Document 59 Filed 08/16/18 Page 1 of 9 PageID 393 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION. v. CASE NO. 6:18-cr-43-Orl-37DCI JOINTLY PROPOSED JURY INSTRUCTIONS

Case 2:16-cv Document 1 Filed 12/09/16 Page 1 of 8 PageID #: 1

Case 1:08-cv RPM Document 12 Filed 01/16/09 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case: LTS Doc#:1315 Filed:09/15/17 Entered:09/15/17 16:38:01 Desc: Main Document Page 1 of 17

Case 1:17-cv RGS Document 1 Filed 07/12/17 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 2:10-cr MHT-WC Document 1869 Filed 10/03/11 Page 1 of 6

COMMONWEALTH OF KENTUCKY McCRACKEN CIRCUIT COURT DIVISION I No. 14 CR V. DEFENDANT S MOTION FOR A CHANGE OF VENUE (Order Attached) * * * * *

(No ) (Approved July 13, 2011) AN ACT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNOPPOSED MOTION TO WITHDRAW AS COUNSEL

Case 2:16-cv Document 1 Filed 12/09/16 Page 1 of 8 PageID #: 1

Case 1:16-cv EGS Document 14 Filed 07/12/16 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Plaintiff,

IN THE CIRCUIT COURT OF DEKALB COUNTY, ALABAMA STATE OF ALABAMA, ) ) ) VS. ) CASE NO. CC ) ) LOWELL RAY BARRON, ) ) ) DEFENDANT.

Case 3:12-cr L Document 82-1 Filed 08/08/13 Page 1 of 10 PageID 323

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI V KA COA STATE OF MISSISSIPPI MOTION FOR REHEARING

Case 1:18-cr TSE Document 223 Filed 08/10/18 Page 1 of 5 PageID# 4200

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH (Filed Electronically) CRIMINAL ACTION NO. 5:06CR-19-R UNITED STATES OF AMERICA,

Case: LTS Doc#:3450 Filed:07/06/18 Entered:07/06/18 16:06:59 Document Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

LegalFormsForTexas.Com

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:12-cv RPM Document 24 Filed 03/06/13 USDC Colorado Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.: CIV-SEITZ/MCALILEY

IN THE COURT OF COMMON PLEAS OF VENANGO COUNTY, PENNSYLVANIA

COURT USE ONLY. DATE FILED: August 15, 2017

Case 5:14-cr M Document 27 Filed 05/04/15 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

(No ) AN ACT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION GOVERNMENT'S PROPOSED JURY INSTRUCTIONS

Case 3:16-cr TJC-JRK Document 31 Filed 07/18/16 Page 1 of 8 PageID 102

Case 1:16-cv CMA Document 319 Entered on FLSD Docket 06/19/2017 Page 1 of 6

IN THE SUPREME COURT OF THE STATE OF FLORIDA SUPREME COURT CASE NO. SC TH DCA CASE NO. 4D

(No. 99) (Approved June 14, 2000) AN ACT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

(No. 70) (Approved January 5, 2003) AN ACT

IN THE UNITED STATES DISTRICT COURT FOR THE NOTHERN DISTRICT OF TEXAS. Plaintiff, CIVIL ACTION NO. 3:18-cv v. JURY TRIAL DEMANDED

Case 4:07-cv CW Document 39 Filed 12/07/2007 Page 1 of 5

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES PROPOSED VOIR DIRE EXAMINATION QUESTIONS

Case 2:17-cv RAJ Document 36 Filed 07/21/17 Page 1 of 5

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS El Paso Division

Case 2:17-cv MMB Document 21 Filed 11/16/17 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION. Case No. 51-

Case 3:07-cv SI Document 25 Filed 11/26/2007 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Plaintiff, CIVIL ACTION NO. 3:18-cv-3055

(No. 457) (Approved December 28, 2000) AN ACT

PERKINS COIE BROWN & BAIN P.A.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

(No. 76) (Approved May 5, 2000) AN ACT

Introduction How Jurors are Selected Qualifications Exemptions. Your Role As A Juror Sequence of a Trial Petit and Grand Juries

Case 9:03-cv KAM Document 2795 Entered on FLSD Docket 01/17/2014 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO: 5:07-CV-231

Case 3:16-cv Document 1 Filed 04/18/16 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Case No.

READ THIS BEFORE COMPLETING THE FORMS!!! INSTRUCTIONS FOR MOTION FOR MODIFICATION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) )

Case 3:17-cv JAG-BJM Document 67 Filed 01/15/19 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. Case No. SC TFB No ,261(13D) JULIAN STANFORD LIFSEY REPORT OF THE REFEREE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO OPINION AND ORDER

IN THE SUPREME COURT OF FLORIDA (Before A Referee)

Case 2:17-cv WB Document 97 Filed 12/26/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

(No. 411) (Approved October 8, 2000) AN ACT

Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 9:16-cv RLR Document 1 Entered on FLSD Docket 04/15/2016 Page 1 of 6

Case 3:18-cr MMH-JRK Document 59 Filed 10/17/18 Page 1 of 5 PageID 149

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION

NO. FIELD(MAT_Cause No) STATE OF TEXAS IN THE DISTRICT COURT. VS. FIELD(MAT_Court) JUDICIAL. TOUPPER(FIELD(MAT_Client Name)) BEXAR COUNTY, TEXAS

Unofficial Copy Office of Chris Daniel District Clerk

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT FOR PATENT INFRINGEMENT

Case 1:18-cr TSE Document 216 Filed 08/09/18 Page 1 of 5 PageID# 4171

Case 3:14-cv GAG Document 1 Filed 07/28/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Case 1:19-cr ABJ Document 28 Filed 02/08/19 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 0:16-cv WPD Document 29 Entered on FLSD Docket 02/07/2017 Page 1 of 4

PlainSite. Legal Document. Washington Western District Court Case No. 3:14-cr BHS USA v. Wright et al. Document 173. View Document.

Case 3:07-cv SI Document Filed 11/26/2007 Page 1 of 7

Case 1:05-cr RBW Document 260 Filed 01/30/2007 Page 1 of 7 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Transcription:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO UNITED STATES OF AMERICA, SEALED Plaintiff, v. ANÍBAL ACEVEDO VILÁ, et al., CRIMINAL NO. 08-0036 (PJB) Defendants. GOVERNMENT S SEALED MOTION REQUESTING EXPEDITED TELEPHONIC CONFERENCE AND OTHER RELIEF COMES NOW the United States of America, by and through its undersigned attorneys, and files this request for a telephonic status conference in the above-entitled case. In support of this expedited request, the government respectfully states as follows: 1 1. Three major newspapers in Puerto Rico reported that the defendant, ANIBAL ACEVEDO VILA, is scheduled to address the Island this afternoon and evening. The announcement appeared in a page long advertisement, with the bold headline YOU BE THE JUDGE ( JUZGA TÚ in Spanish). 2. The advertisement announced that Aníbal Acevedo Vilá will speak directly and openly to the people of Puerto Rico about the charges against him and regarding his finances. A copy of the advertisement is attached hereto as Exhibit A. 3. The defendant s address is scheduled to air at 5:45 p.m., 6:45 p.m., 7:00 p.m., 7:30 p.m., 8:00 p.m., and 9:00 p.m. this evening on eight television stations and 10 radio stations. 4. The undersigned counsel discussed with defense counsel the government s concern 1 El Nuevo Dia, El Vocero, and Primera Hora have each announced the Governor s address.

Page 2 regarding the effect that commentary of this nature, in conjunction with the prejudicial discourse that has preceded it, could have on the potential jury pool in this case. These concerns are exacerbated by the fact that we are a mere three months from the trial date of February 9, 2008. 5. The government was advised by defense counsel that the defendant s speech had been purged of language that could be construed as an attack against the government or an attack against particular witnesses in the case. The government was also advised, in general terms, that the defendant would be discussing each count of the indictment, denying his guilt, and commenting on his conduct with respect to each count. 6. The defendant has routinely characterized the investigation in this case as politically motivated and the indictment as an attack on the people of Puerto Rico and their sovereignty. This discourse is intended to promote the notion that the people of the Commonwealth of Puerto Rico are parties to the case. This frequent chorus is inapposite with the jury s proper role as impartial and independent judges of the facts of the case, and has the effect of confusing the role of voter with the role of juror for all Puerto Ricans. 7. Furthermore, in a press conference held by the defendant in November 2007, during the pendency of the investigation, Acevedo Vilá made patently false and reckless accusations against the government, defense attorneys, members of the judiciary, and the United States Attorney personally, with the intent of undermining the credibility of the investigation. He further leveled accusations against potential government

Page 3 witnesses, as a means of pressuring the witnesses and inciting adverse public opinion 2 against them and the investigation. An English translation of the transcript of that press conference is attached hereto as Exhibit B. 8. During that press conference the defendant also made reference on various occasions to information provided to him by his lawyers. While there is an understandable need and duty for defense counsel to discuss the evidence in the case with their client, the government is concerned that the defendant may choose to comment on matters he has become privy to as a result of the extensive discovery provided in this case, including witness statements and documentary evidence. 3 9. Courts have an affirmative constitutional duty to minimize the effects of prejudicial pretrial publicity. The Local Rule 83.7(g) for the District of Puerto Rico permits the Court to enter a special order governing extrajudicial statements to protect the rights of the parties to a fair trial by and impartial jury, particularly in widely publicized or sensational cases. In light of this authority, the government hereby alerts the Court of the defendant s scheduled address to the people of Puerto Rico. The government requests the Court to schedule a telephonic conference with counsel for the government and counsel for Acevedo Vilá this afternoon in order to discuss the 2 For example, the defendant stated that, Witnesses have been pressured and manipulated here to say something about the governor. You know that all this started with mister... an investigation regarding Mr. Cándido Negrón. The information that the attorneys have is that Mr. Cándido Negrón had been cooperating with this investigation for about a year. His lawyer during that period of time was Rachel Brill, the wife of Judge Fusté. And those of you who are covering this know that - strangely, if you ask me - in some instances Judge Fusté has had some interventions with witnesses in this case. (Page 4 of Exhibit B) This is disrespectful to the democratic institutions of the People of Puerto Rico. It is an attempt to tell each Puerto Rican, we are in charge here, and we can make or break anyone we feel like. But you can be assured that I am not afraid of them. (Page 9 of Exhibit B). 3 A protective order was entered by the Court with respect to documents provided to the defendants in the discovery process. (D.E. 156).

Page 4 particulars of this issue. WHEREFORE, the government respectfully requests that the Court take notice of the instant motion, and schedule a telephone conference for this afternoon, in order to address the prejudicial pre-trial publicity that could be generated by the defendant s public discussion of each of the counts of the indictment, and potential measures that could be taken by the Honorable Court to ameliorate this effect. th Respectfully submitted, on this 27 day of October, 2008, at San Juan, Puerto Rico. ROSA EMILIA RODRIGUEZ VELEZ UNITE STATES ATTORNEY /s/ María A. Domínguez Victoriano María A. Domínguez Victoriano U.S.D.C. # 210908 Ernesto G. López Soltero U.S.D.C # 208806 United States Attorney s Office, District of Puerto Rico 350 Carlos Chardon Avenue Torre Chardon, Suite 1201 Hato Rey, P.R. 00918 Telephone: (787) 766-5656 Fax: (787) 766-5326 Email: maria.a.dominguez@usdoj.gov; ernesto.lopez2@usdoj.gov Peter M. Koski Ethan H. Levisohn U.S. Department of Justice, Criminal Division Public Integrity Section 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Telephone: (202) 514-1412 Attorneys for the United States of America

Page 5 CERTIFICATION OF SERVICE I, María A. Domínguez, hereby certify that on this 24th day of October, 2008, I electronically filed the foregoing Government s Sealed Motion Requesting Expedited Telephonic Conference and Other Relief with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all attorneys of record. /s/ María A. Domínguez María A. Domíguez United States Attorney s Office District of Puerto Rico Torre Chardón, Suite 1201 Hato Rey, Puerto Rico 00918 Telephone: (787) 766-5656 Fax: (787) 766-5632 Email: Maria.A.Dominguez@usdoj.gov