The Craig Carton trial gets underway in just under two weeks and it has taken another unexpected turn as Carton's defense has taken a page right out of Hollywood. Names such as David Molner, Joseph Meli, et al. continue to surface. However the words 'confidential informant' made an appearance yesterday.
Defendant Craig Carton, by and through his undersigned counsel, Gottlieb & Janey LLP, hereby submits this memorandum of law in support of his motion requesting the Court "so-order" a subpoena ad testificandum to David Molner, pursuant to Federal Rules of Criminal Procedure l 7(a) ("Rule 17(a)"); motion to compel the Government to disclose whether David Molner is a confidential informant pursuant to Roviaro v. United States, 353 U.S. 53 (1957); and motion to compel the Government to disclose the identities of any confidential informants and immediately produce all Brady and Giglio information and materials related thereto.
PRELIMINARY STATEMENT
Mr. Carton intends to call David Molner, a non-party who undoubtedly possesses vital information concerning the facts of the underlying Indictment and Mr. Carton's defense, as a witness at trial and requests that the Court "so-order" a subpoena ad testificandum in accordance with Rule 17(a). Although a subpoena ad testificandum may be issued by the Clerk of the Court without the Court's intervention, out of a dose of caution based on the Court's prior ruling dated September 6, 2018, Mr. Carton respectfully requests the Court "so-order" the subpoena. Further, Mr. Carton has a good-faith reason to believe that Mr. Molner is a confidential informant based on the vast amount of discovery produced by the Government that ties Mr. Molner to the wrongful conduct alleged in the Indictment. The overwhelming evidence produced by the Government suggests: (a) Mr. Molner worked closely with Joseph Meli - Mr. Carton's alleged co-conspirator-in activities in furtherance of the fraud scheme for which Mr. Meli is now serving an incarceratory term of 78 months, and (b) upon information and belief, Mr. Molner has not been charged with any crimes. The Government's discovery productions contain voluminous email exchanges between Mr. Molner and Mr. Meli during the time period of the instant Indictment, and there are pertinent email exchanges between Mr. Carton and Mr. Molner related to the activities for which Mr. Carton is charged in this case. In short, we submit there is an overwhelming basis to conclude that Mr. Molner is a confidential Government informant or cooperating witness in the instant case because there is no other rational explanation for the fact that Mr. Molner was not charged with any crimes, if the Government believes a conspiracy existed for the conduct described in the Indictment.
Accordingly, in order to afford Mr. Carton his constitutionally guaranteed right to a fair trial and a meaningful opportunity to present his defense at trial, we respectfully request that the Government be ordered to disclose whether Mr. Molner is a Government informant, and, to the extent there are other individuals, disclose the identity of any confidential informants pursuant to Roviaro v. United States, 353 U.S. 53 (1957). Moreover, the disclosure of the identity of any confidential informants should result in the immediate production of all related Brady and Giglio information and materials pertaining to any such witnesses. The Government's attempt to shield the identities of confidential informants endangers Mr. Carton's essential due process rights under the Fifth and Fourteenth Amendments, and right to a fair trial under the Sixth Amendment.
Here is the rest of the intriguing filing.
This is going to be something as the Government response to portions of Craig Carton's last motions are either sloppy or fake news...
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