Craig Carton lawyers slam government for 'slow production of discovery' that could hamper his defense

A day after the Craig Carton trial took a turn right out of 'The Departed' -- Carton's attorneys sent a note to Judge Colleen McMahon slamming the Government for 'continued late production of Rule 16 discovery' that could 'jeopardize the defense's ability to begin the trial on October 29' and that Craig would 'move to preclude such evidence' should the Government continue to provide additional discovery beyond this Friday (October 19, 2018).


Robert C. Gottlieb & Darelle Janey warned:

This last minute trickle of documents - which collectively total in the thousands of pages - is inexplicable in light of the Government's previous agreement to produce all Rule 16 discovery by April 8, and its indication that it did not expect to obtain any additional evidence after that date. See Exhibit A, 9:8-15, 10:9-13 (Status Conf. Tr., dated 3/8/2018).

Additionally, as recently as Sunday, October 14, the Government produced a significant amount of additional material pursuant to 18 U.S.C. § 3500, which had been due to be served no later than six weeks before trial, i.e. , by September 17, 2018. See ECF No. 66 at 13 (Decision and Order, dated 7/10/2018).

With trial set to commence in two weeks, Mr. Carton submits that his attorneys will not have an adequate opportunity to prepare his defense if the Government continues to produce Rule 16 discovery and 3500 material in a piecemeal fashion beyond this point. Therefore, Mr. Carton respectfully requests that the Court impose a final deadline of Friday, October 19, 2018 for the Government to produce all documents pursuant to Rule 16(a) and (c), and 18 U.S.C. §3500. Should the Government continue to provide additional discovery beyond this date, Mr. Carton intends to move to preclude such evidence pursuant to Rule 16( d)(2).

Interesting developments. Here's the full note:


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