USA v. Oconnor

3:24-cr-00481 | California Southern District Court

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Division San Diego
Judge Judge Janis L. Sammartino
Filed March 12, 2024
Case Flags BRADY, PROTO, and SEALDC
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Filing Date # Docket Text
6/13/2024Judgment Returned Executed
6/11/2024Order on Motion for Return of Property/PostTrial
6/11/2024Return of Property/PostTrial
6/11/2024Transcript
6/11/2024JUDGMENT OF DISMISSAL in Criminal Case as to Kemar David Oconnor (1), Count 1 of the Indictment. Jury returned its verdict; finding the defendant not guilty. Signed by Judge Janis L. Sammartino. (ag)
6/11/2024Exhibit List (Court) - Restricted
6/11/2024Exhibit List
6/11/2024Exhibit List
6/11/2024Jury Instructions
6/11/2024Jury Verdict
6/11/2024Abstract of Order
6/10/2024Notice of Hearing (No PDF)
6/6/2024Notice of Hearing (No PDF)
6/1/2024Proposed Jury Instructions by Kemar David Oconnor (Sherron, Brittany) (aas). (Entered: 06/01/2024)
5/31/202450Minute Entry for proceedings held before Judge Janis L. Sammartino: Motion In Limine Hearing as to Kemar David Oconnor held on 5/31/2024. The Court tentatively grants 33 In Limine MOTION to Admit Evidence of Mr. OConnors intent to run into the United States. The Court tentatively grants in part In Limine MOTION to Admit evidence of Mr. OConnors lack of character for violence. The Court tentatively grants In Limine MOTION to Admit evidence of the locus and extent of the injury under Rule 401. The Court tentatively reserves on In Limine MOTION to Admit Mr. OConnors prior statements offered for non-hearsay purposes or as hearsay exceptions. The Court tentatively finds moot in part and denies in part In Limine MOTION to Preclude counsel or witnesses from referring to the perpetrator or the victim. The Court tentatively finds moot In Limine MOTION to Preclude unnoticed expert testimony. The Court tentatively finds moot In Limine MOTION to Compel the government to identify any portions of Mr. OConnors post-arrest statement that it intends to introduce and to preclude jail call evidence. The Court tentatively finds moot In Limine MOTION to Preclude unnoticed other acts evidence. The Court tentatively reserves on In Limine MOTION to Exclude Evidence not yet produced. The Court tentatively reserves on In Limine MOTION to Exclude any alleged statements made by Mr. OConnor not yet in discovery. The Court tentatively denies In Limine MOTION for Leave to File Further Motions filed by Kemar David Oconnor. The Court tentatively denies 36 MOTION for Bill of Particulars filed by Kemar David Oconnor. The Court tentatively denies 43 Supplemental MOTION to Compel Discovery filed by Kemar David Oconnor. The Court tentatively grants re 34 In Limine MOTION to Admit Evidence of Port of Entry Video of Assault. The Court tentatively denies In Limine MOTION to Exclude Defense Expert Testimony. The Court tentatively denies In Limine MOTION to Exclude Evidence Regarding Defendant's Intent to Seek Asylum. The Court tentatively grants In Limine MOTION to Exclude Evidence of Events Occurring After Assault. The Court tentatively finds moot In Limine MOTION to Exclude Defendant's Hearsay Statements. The Court tentatively grants In Limine MOTION for Reciprocal Discovery filed by USA. The Court tentatively grants 42 MOTION to Exclude Witnesses for Untimely Disclosure filed by USA. Jury Trial is set for 06/06/2024 at 9:00 AM in Courtroom 4D before the Honorable Janis L. Sammartino. (Court Reporter/ECR Stephanie Whitehead). (Plaintiff Attorney AUSA Mikaela Weber and AUSA Laura Sambarto). (Defendant Attorney FD Brittany Sherron and FD Nina Papachristou). (no document attached) (ag) (Entered: 06/02/2024)
5/31/2024Proposed Jury Instructions by USA as to Kemar David Oconnor (Sambataro, Laura) (aas). (Entered: 05/31/2024)
5/31/2024TRIAL BRIEF by USA as to Kemar David Oconnor (Sambataro, Laura) (aas). (Entered: 05/31/2024)
5/28/2024RESPONSE in Opposition by Kemar David Oconnor re 42 MOTION to Exclude Witnesses for Untimely Disclosure (Sherron, Brittany) (aas). (Entered: 05/28/2024)
5/28/2024RESPONSE in Opposition by USA as to Kemar David Oconnor re 43 Supplemental MOTION to Compel Discovery (Sambataro, Laura) (aas). (Entered: 05/28/2024)
5/24/202445Minute Entry for proceedings held before Judge Janis L. Sammartino: Motion In Limine Hearing as to Kemar David Oconnor not held. Defense and Government's responses to motions 43 Supplemental MOTION to Compel Discovery filed by Kemar David Oconnor and 42 MOTION to Exclude Witnesses for Untimely Disclosure filed by USA are due by 5/28/2024. Motion In Limine Hearing is set for 5/31/2024 at 2:00 PM in Courtroom 4D before Judge Janis L. Sammartino. Jury Trial is set for 6/6/2024 at 9:00 AM in Courtroom 4D before Judge Janis L. Sammartino. Time excluded on joint oral request from 5/24/2024-5/31/2024. (Court Reporter/ECR Stephanie Whitehead). (Plaintiff Attorney AUSA Mikaela Weber and AUSA Laura Sambarto). (Defendant Attorney FD Brittany Sherron and FD Nina Papachristou). (no document attached) (ag) (Entered: 05/28/2024)
5/23/2024Supplemental MOTION to Compel Discovery by Kemar David Oconnor. (Sherron, Brittany) (aas). (Entered: 05/23/2024)
5/23/2024 MOTION to Exclude Witnesses for Untimely Disclosure by USA as to Kemar David Oconnor. (Attachments: # 1 Exhibit Supplemental Expert Disclosure)(Sambataro, Laura) (aas). (Entered: 05/23/2024)
5/23/2024RESPONSE in Opposition by USA as to Kemar David Oconnor re 36 MOTION for Bill of Particulars (Sambataro, Laura) (aas). (Entered: 05/23/2024)
5/17/2024RESPONSE to Motion by Kemar David Oconnor re 34 In Limine MOTION to Admit Evidence of Port of Entry Video of AssaultIn Limine MOTION to Exclude Defense Expert TestimonyIn Limine MOTION to Exclude Evidence Regarding Defendant's Intent to Seek AsylumIn Limine MOTION to Exclude Evidence of Events Occurring After AssaultIn Limine MOTION to Exclude Defendant's Hearsay StatementsIn Limine MOTION for Reciprocal Discovery, 33 In Limine MOTION to Admit Evidence of Mr. OConnors intent to run into the United StatesIn Limine MOTION to Admit evidence of Mr. OConnors lack of character for violenceIn Limine MOTION to Admit evidence of the locus and extent of the injury under Rule 401In Limine MOTION to Admit Mr. OConnors prior statements offered for non-hearsay purposes or as hearsay exceptionsIn Limine MOTION to Preclude counsel or witnesses from referring to the perpetrator or the victimIn Limine MOTION to Preclude unnoticed expert testimonyIn Limine MOTION to Compel the government to identify any portions of Mr. OConnors post-arrest statement that it intends to introduce and to preclude jail call evidenceIn Limine MOTION to Preclude unnoticed other acts evidenceIn Limine MOTION to Exclude Evidence not yet producedIn Limine MOTION to Exclude any alleged statements made by Mr. OConnor not yet in discoveryIn Limine MOTION for Leave to File Further Motions in limine (Sherron, Brittany) (aas). (Entered: 05/17/2024)
5/17/2024 MOTION for Bill of Particulars by Kemar David Oconnor. (Sherron, Brittany) (aas). (Entered: 05/17/2024)
5/17/2024RESPONSE in Opposition by USA as to Kemar David Oconnor re 33 In Limine MOTION to Admit Evidence of Mr. OConnors intent to run into the United StatesIn Limine MOTION to Admit evidence of Mr. OConnors lack of character for violenceIn Limine MOTION to Admit evidence of the locus and extent of the injury under Rule 401In Limine MOTION to Admit Mr. OConnors prior statements offered for non-hearsay purposes or as hearsay exceptionsIn Limine MOTION to Preclude counsel or witnesses from referring to the perpetrator or the victimIn Limine MOTION to Preclude unnoticed expert testimonyIn Limine MOTION to Compel the government to identify any portions of Mr. OConnors post-arrest statement that it intends to introduce and to preclude jail call evidenceIn Limine MOTION to Preclude unnoticed other acts evidenceIn Limine MOTION to Exclude Evidence not yet producedIn Limine MOTION to Exclude any alleged statements made by Mr. OConnor not yet in discoveryIn Limine MOTION for Leave to File Further Motions in limine (Sambataro, Laura) (aas). (Entered: 05/17/2024)
5/10/2024In Limine MOTION to Admit Evidence of Port of Entry Video of Assault by USA as to Kemar David Oconnor. (Attachments: # 1 Exhibit Expert Report)(Sambataro, Laura). Added In Limine MOTION to Exclude Defense Expert Testimony on 5/13/2024 (ag). Added In Limine MOTION to Exclude Evidence Regarding Defendant's Intent to Seek Asylum on 5/13/2024 (ag). Added In Limine MOTION to Exclude Evidence of Events Occurring After Assault on 5/13/2024 (ag). Added In Limine MOTION to Exclude Defendant's Hearsay Statements on 5/13/2024 (ag). Added In Limine MOTION for Reciprocal Discovery on 5/13/2024 (ag). (aas). (Entered: 05/10/2024)
5/10/2024In Limine MOTION to Admit Evidence of Mr. OConnors intent to run into the United States, In Limine MOTION to Admit evidence of Mr. OConnors lack of character for violence, In Limine MOTION to Admit evidence of the locus and extent of the injury under Rule 401, In Limine MOTION to Admit Mr. OConnors prior statements offered for non-hearsay purposes or as hearsay exceptions, In Limine MOTION to Preclude counsel or witnesses from referring to the perpetrator or the victim, In Limine MOTION to Preclude unnoticed expert testimony, In Limine MOTION to Compel the government to identify any portions of Mr. OConnors post-arrest statement that it intends to introduce and to preclude jail call evidence, In Limine MOTION to Preclude unnoticed other acts evidence, In Limine MOTION to Exclude Evidence not yet produced, In Limine MOTION to Exclude any alleged statements made by Mr. OConnor not yet in discovery, In Limine MOTION for Leave to File Further Motions in limine by Kemar David Oconnor. (Sherron, Brittany) (aas). (Entered: 05/10/2024)
5/10/2024NOTICE OF ATTORNEY APPEARANCE Mikaela Lauren Weber appearing for USA. LAURA CHRISTINA SAMBATARO AND KEITH D. ELLISON AS CO-COUNSEL (Weber, Mikaela)Attorney Mikaela Lauren Weber added to party USA(pty:pla) (aas). (Entered: 05/10/2024)
5/7/202429NOTICE OF CHANGE OF HEARING TIME ONLY as to Defendant Kemar David Oconnor. On the Court's own motion, the Motion In Limine Hearing set for 5/24/2024 at 2:00 PM is reset to 10:30 AM in Courtroom 4D before Judge Janis L. Sammartino. (ag) (Entered: 05/07/2024)
4/19/202428Minute Entry for proceedings held before Judge Janis L. Sammartino: A Status Hearing as to Kemar David Oconnor held on 4/19/2024. The Court denies 14 Motion to Dismiss Indictment as to Kemar David Oconnor (1). Discovery Deadline and Expert Notice deadline is 5/3/2024. A Motion In Limine Hearing is set for 5/24/2024 at 2:00 PM in Courtroom 4D before Judge Janis L. Sammartino. Jury Trial is set for 6/3/2024 at 9:00 AM in Courtroom 4D before Judge Janis L. Sammartino. Approximate duration of Jury Trial is 3 days. Time excluded on joint oral request from 4/19/2024-5/24/2024.. (Court Reporter/ECR Jennifer Gibson). (Plaintiff Attorney AUSA Keith D. Ellison and Laura Sambarto). (Defendant Attorney FD Brittany Sherron and Nina Papachristo). (no document attached) (ag) (Entered: 04/19/2024)
4/18/2024 MOTION for Leave to File SUPPLEMETNAL RESPONSE; SUPPLEMENTAL RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE INDICTMENT by USA as to Kemar David Oconnor. (Ellison, Keith) (aas). (Entered: 04/18/2024)
4/17/2024NOTICE of Lodgment re 25 Supplemental Briefing (Attachments: # 1 Exhibit A-C)(Sherron, Brittany) (aas). (Entered: 04/17/2024)
4/17/2024SUPPLEMENTAL BRIEFING by Kemar David Oconnor re 14 MOTION to Dismiss Indictment (Attachments: # 1 Exhibit A-D)(Sherron, Brittany) (aas). (Entered: 04/17/2024)
4/15/202424NOTICE OF CHANGE OF HEARING TIME ONLY as to Defendant Kemar David Oconnor. On the Court's own motion, the Status Hearing set for 4/19/2024 at 1:30 PM is reset to 10:30 AM in Courtroom 4D before Judge Janis L. Sammartino. (ag) Modified on 4/15/2024 to correct date (ag). (Entered: 04/15/2024)
4/12/202423Minute Entry for proceedings held before Judge Janis L. Sammartino: Status Hearing as to Kemar David Oconnor set for 4/19/2024 01:30 PM before Judge Janis L. Sammartino. Time excluded on joint oral request from 4/12/2024 to 4/19/2024 (Interpreter Cynthia Herber / Court Reporter/ECR Stephanie Whitehead /CRD A Garcia / AUSA Laura Sambarto / FD Nina Papachristo) (no document attached) (acr) (Entered: 04/13/2024)
4/12/202422NOTICE OF CHANGE OF HEARING TIME ONLY as to Defendant Kemar David Oconnor. On the Court's own motion, the Motion Hearing/Trial Setting set for 4/12/2024 at 10:00 AM is reset to 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. (no document attached) (ag) (Entered: 04/12/2024)
4/9/202421NOTICE OF CHANGE OF HEARING TIME ONLY as to Defendant Kemar David Oconnor. On the Court's own motion, the Motion Hearing/Trial Setting set for 4/12/2024 at 1:30 PM is reset to 10:30 AM in Courtroom 4D before Judge Janis L. Sammartino. (no document attached) (ag) (Entered: 04/09/2024)
4/5/2024RESPONSE in Opposition by USA as to Kemar David Oconnor re 14 MOTION to Dismiss Indictment (Sambataro, Laura) (jmo). (Entered: 04/05/2024)
4/4/2024NOTICE OF ATTORNEY APPEARANCE Laura Christina Sambataro appearing for USA. (Sambataro, Laura)Attorney Laura Christina Sambataro added to party USA(pty:pla) (aas). (Entered: 04/04/2024)
4/3/2024Protective Order Regarding Discovery -Granting 13 Joint Motion for Protective Order as to Kemar David Oconnor (1). Signed by Judge Janis L. Sammartino on 4/3/24.(aas) (Entered: 04/03/2024)
4/3/2024ORDER Shortening Time - Granting 16 Motion to Shorten Time as to Kemar David Oconnor (1). Signed by Judge Janis L. Sammartino on 4/3/24.(aas) (Entered: 04/03/2024)
4/2/2024 MOTION to Shorten Time by Kemar David Oconnor. (Sherron, Brittany) (aas). (Entered: 04/02/2024)
4/2/2024NOTICE of Lodgment re 14 MOTION to Dismiss Indictment (Attachments: # 1 Exhibit H)(Sherron, Brittany) (aas). (Entered: 04/02/2024)
4/1/2024 MOTION to Dismiss Indictment by Kemar David Oconnor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sherron, Brittany) (aas). (Entered: 04/01/2024)
3/29/2024Joint MOTION for Protective Order by USA as to Kemar David Oconnor. (Ellison, Keith) (jpp). (Entered: 03/29/2024)
3/13/2024NOTICE OF ATTORNEY APPEARANCE: Nina B. Papachristou appearing for Kemar David Oconnor , Co-Counsel (Papachristou, Nina)Attorney Nina B. Papachristou added to party Kemar David Oconnor(pty:dft) (aas). (Entered: 03/13/2024)
3/12/202411Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: Arraignment on Indictment as to Kemar David Oconnor (1) Count 1 held on 3/12/2024. Not Guilty plea entered. Motion Hearing/Trial Setting set for 4/12/2024 01:30 PM before Judge Janis L. Sammartino. (CD# 3/12/2024 KSC 1014-1017; 1023-1024; 1048-1051). (Plaintiff Attorney Keith Ellison AUSA). (Defendant Attorney Brittany Sherron FD). (ecf) (Entered: 03/12/2024)
3/12/2024INDICTMENT as to Kemar David Oconnor (1) count(s) 1. (Attachments: # 1 Unredacted Indictment)(stn) (anh). (Entered: 03/12/2024)
2/29/2024NOTICE OF ATTORNEY APPEARANCE: Brittany L. Sherron appearing for Kemar David Oconnor (Sherron, Brittany)Attorney Brittany L. Sherron added to party Kemar David Oconnor(pty:dft) (stn). [3:24-mj-00792-KSC] (Entered: 02/29/2024)
2/28/2024CJA 23 Financial Affidavit by Kemar David Oconnor (cxl) [3:24-mj-00792-KSC] (Entered: 02/29/2024)
2/28/2024FINDINGS OF FACT AND ORDER OF DETENTION as to Kemar David Oconnor. Signed by Magistrate Judge Karen S. Crawford on 2/28/2024. (cxl) [3:24-mj-00792-KSC] (Entered: 02/29/2024)
2/28/2024ORDER as to Kemar David Oconnor: The Court orders the United States to comply with the continuing duty to disclose evidence which is favorable to the defendant as required by Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. Upon finding that the government has failed to comply with this order, the Court may, as appropriate, order the production of such information, grant a continuance, impose evidentiary sanctions, or, in extreme cases, dismiss charges.. Signed by Magistrate Judge Karen S. Crawford on 2/28/24. (aje) [3:24-mj-00792-KSC] (Entered: 02/29/2024)
2/28/20245***English. No Interpreter needed as to Kemar David Oconnor (no document attached) (aje) [3:24-mj-00792-KSC] (Entered: 02/29/2024)
2/28/20244Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: Initial Appearance as to Kemar David Oconnor held on 2/28/2024. Appointed Attorney Federal Defenders for Kemar David Oconnor. Detention Hearing as to Kemar David Oconnor held on 2/28/2024. USA oral motion for detention; motion granted as to Kemar David Oconnor. Defendant ordered detained without prejudice. Order of detention to be filed by Court. Bond set as to Kemar David Oconnor (1) No Bail. Rule 5 advisement provided. (Preliminary Hearing set for 3/12/24 at 9:30am before Magistrate Judge Karen S. Crawford. Arraignment set for 3/21/24 at 9:30am before Magistrate Judge Karen S. Crawford.) (CD# 2/28/2024 KSC 24-1:3:04-3:09;3:20-3:25). (Plaintiff Attorney Calen Bennett AUSA). (Defendant Attorney Carson Baucher FD-S/A). (aje) [3:24-mj-00792-KSC] (Entered: 02/29/2024)
2/28/2024NOTICE OF ATTORNEY APPEARANCE Keith D. Ellison appearing for USA. (Ellison, Keith)Attorney Keith D. Ellison added to party USA(pty:pla) (rxc). [3:24-mj-00792-KSC] (Entered: 02/28/2024)
2/28/20242 Set/Reset Duty Hearings as to Kemar David Oconnor: Initial Appearance set for 2/28/2024 before Magistrate Judge Karen S. Crawford. (no document attached) (mef) [3:24-mj-00792-KSC] (Entered: 02/28/2024)
2/28/2024COMPLAINT as to Kemar David Oconnor. (Attachments: # 1 Info Sheet)(fjp) [3:24-mj-00792-KSC] (Entered: 02/28/2024)
2/27/2024Arrest of Kemar David Oconnor (no document attached) (fjp) [3:24-mj-00792-KSC] (Entered: 02/28/2024)