DOJ-OGR-00022068.jpg
733 KB
Extraction Summary
2
People
4
Organizations
1
Locations
3
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
733 KB
Summary
This legal document is a preliminary statement from the U.S. Government, filed on April 24, 2020, in opposition to a motion by defendant Michael Thomas to compel discovery. The Government argues that Thomas's request for materials—including a not-yet-existent DOJ-OIG report and documents about past incidents at the Metropolitan Correctional Center—is without merit because the items are not in the Government's possession or legally discoverable. The Government requests that the court deny Thomas's motion.
People (2)
| Name | Role | Context |
|---|---|---|
| Michael Thomas | defendant |
The defendant who filed a motion to compel discovery, which this document opposes.
|
| Tova Noel |
Mentioned in a footnote as someone who did not file any pretrial motions and has not joined in Thomas's motions.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| The Government | government agency |
The prosecuting party submitting the memorandum in opposition to the defendant's motion.
|
| Department of Justice, Office of the Inspector General | government agency |
Referenced as DOJ-OIG, an agency preparing a report that the defendant seeks a copy of.
|
| Bureau of Prisons | government agency |
Referenced as BOP, an agency that prepared reports and documents sought by the defendant.
|
| Metropolitan Correctional Center | correctional facility |
Referenced as MCC, a location where an incident involving an inmate suicide occurred, and from which the defendant se...
|
Timeline (3 events)
2005 or 2006
An incident at the Metropolitan Correctional Center where officers failed to conduct counts or rounds and an inmate committed suicide.
Metropolitan Correctional Center
officers
inmate
2019-12
The Government produced primary materials to defendant Michael Thomas.
2020-04-24
The Government filed a memorandum of law in opposition to defendant Michael Thomas's motion to compel discovery.
Locations (1)
| Location | Context |
|---|---|
|
A correctional facility where an inmate suicide occurred in 2005 or 2006, and whose employees' records are sought by ...
|
Relationships (2)
The document is a memorandum from The Government opposing a legal motion filed by Michael Thomas, the defendant.
The footnote indicates they are parties in the same legal context, but Tova Noel has not joined in Michael Thomas's pretrial motions, suggesting they are pursuing separate legal strategies.
Key Quotes (4)
"multitude"Source
— Michael Thomas
(Used to describe the amount of discovery Thomas concedes the Government has already produced.)
DOJ-OGR-00022068.jpg
Quote #1
"any and all [Metropolitan Correctional Center (“MCC”)] employees” who have engaged in “the same or similar conduct,”"Source
— Michael Thomas
(A quote from Thomas's motion describing the reports and documents he is seeking.)
DOJ-OGR-00022068.jpg
Quote #2
"2005 or 2006"Source
— Michael Thomas
(The timeframe specified in Thomas's motion for an incident involving an inmate suicide at the MCC.)
DOJ-OGR-00022068.jpg
Quote #3
"If a party does not meet the deadline for making a Rule 12(b)(3) motion, the motion is untimely. But a court may consider the defense, objection, or request if the party shows good cause."Source
— Fed. R. Crim. P. 12(c)(3)
(Quoted in a footnote to explain the legal context for Tova Noel not filing pretrial motions.)
DOJ-OGR-00022068.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,138 characters)
Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 6 of 34
PRELIMINARY STATEMENT
The Government respectfully submits this memorandum of law in opposition to defendant
Michael Thomas’s motion to compel discovery. (Dkt. No. 33) (“Mot.”). Thomas seeks an order
compelling the Government to collect materials that are not in its possession, not discoverable
under any legal basis, and not related to any legally cognizable defense. Thomas’s motion is
entirely without merit and should be denied.¹
Michael Thomas’s motion to compel discovery. (Dkt. No. 33) (“Mot.”). Thomas seeks an order
compelling the Government to collect materials that are not in its possession, not discoverable
under any legal basis, and not related to any legally cognizable defense. Thomas’s motion is
entirely without merit and should be denied.¹
Thomas concedes that the Government has produced a “multitude” of discovery directly
relevant to the charges against him. (Mot. 6). Nonetheless, he seeks an order compelling the
Government to collect and produce additional materials that he believes would support his
purported defenses, namely, that he committed the offenses because of staffing issues and
supervisory lapses, and that he was singled out for prosecution. Specifically, Thomas seeks: (i) a
copy of a report being prepared by the Department of Justice, Office of the Inspector General
(“DOJ-OIG”), which does not yet exist and would principally be based on the same primary
materials that the Government produced to Thomas in December 2019 (Mot. 5, 8-9); (ii) reports
and documents prepared by the Bureau of Prisons (“BOP”) and other agencies who were not and
are not members of the prosecution team (Mot. 6-7); (iii) reports and documents related to “any
and all [Metropolitan Correctional Center (“MCC”)] employees” who have engaged in “the same
or similar conduct,” including an incident in “2005 or 2006” where officers failed to conduct
counts or rounds and an inmate committed suicide (Mot. 6); and (iv) reports, statistics, and
documents related to purported staffing issues, supervisory lapses, and the application of BOP
relevant to the charges against him. (Mot. 6). Nonetheless, he seeks an order compelling the
Government to collect and produce additional materials that he believes would support his
purported defenses, namely, that he committed the offenses because of staffing issues and
supervisory lapses, and that he was singled out for prosecution. Specifically, Thomas seeks: (i) a
copy of a report being prepared by the Department of Justice, Office of the Inspector General
(“DOJ-OIG”), which does not yet exist and would principally be based on the same primary
materials that the Government produced to Thomas in December 2019 (Mot. 5, 8-9); (ii) reports
and documents prepared by the Bureau of Prisons (“BOP”) and other agencies who were not and
are not members of the prosecution team (Mot. 6-7); (iii) reports and documents related to “any
and all [Metropolitan Correctional Center (“MCC”)] employees” who have engaged in “the same
or similar conduct,” including an incident in “2005 or 2006” where officers failed to conduct
counts or rounds and an inmate committed suicide (Mot. 6); and (iv) reports, statistics, and
documents related to purported staffing issues, supervisory lapses, and the application of BOP
¹ Tova Noel did not file any pretrial motions, and has not joined in Thomas’s pretrial
motions. See Fed. R. Crim. P. 12(c)(3) (“If a party does not meet the deadline for making a Rule
12(b)(3) motion, the motion is untimely. But a court may consider the defense, objection, or
request if the party shows good cause.”).
motions. See Fed. R. Crim. P. 12(c)(3) (“If a party does not meet the deadline for making a Rule
12(b)(3) motion, the motion is untimely. But a court may consider the defense, objection, or
request if the party shows good cause.”).
DOJ-OGR-00022068
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