CASE 0:23-cr-00160-NEB-JFD Doc. 588 Filed 11/30/23 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
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`UNITED STATES OF AMERICA,
`Plaintiff,
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`v.
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`ROBERT LESURE,
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`Defendant.
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`Criminal File No. 23-CR-160 (33) (NEB/JFD)
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`DEFENDANT ROBERT LESURE’S RESPONSE TO GOVERNMENT’S MOTION
`TO DESIGNATE CASE AS COMPLEX UNDER THE SPEEDY TRIAL ACT
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`Defendant Robert Lesure, by and through his attorney, George R. Dunn, makes the
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`following Response to Government’s Motion to Designate Case as Complex Under the
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`Speedy Trial Act (ECF 532):
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`1.
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`Defendant Lesure does not object to the designation of the case as complex based
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`on information provided regarding the discovery in the original Indictment (ECF
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`12) as well as the anticipated discovery related to the Superseding Indictment
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`(ECF 450);
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`2.
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`Defendant Lesure does object to extended delay of production of discovery and, in
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`particular, any delay in the production of discovery regarding historical arrests
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`relating to Mr. Lesure dating from 2021, 2022, and January 2023 listed as the
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`predicate of the Overt Acts noted in the Indictment as relating to Mr. Lesure.
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`These historical arrests involving Mr. Lesure were never charged (with the
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`exception of one case), but were used extensively in the government’s application
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`CASE 0:23-cr-00160-NEB-JFD Doc. 588 Filed 11/30/23 Page 2 of 3
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`to detain Mr. Lesure. At the Detention Hearing, the defense’s ability to argue
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`regarding whether detention was appropriate in this case was significantly
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`hampered because no background information regarding the historical arrests was
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`available. The defense submits the production of documents regarding historical
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`arrests, which are all, most likely, from the Minneapolis Police Department, should
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`be produced to the defense immediately so that an evaluation can be made whether
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`the issues regarding detention should be revisited and re-examined in a new
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`Detention Hearing. The police reports regarding these historical arrests are
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`undoubtedly already in the possession of the U.S. Attorney’s Office and should be
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`easily accessible and transmittable to the defense; and
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`3.
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`The remainder of the discovery from the government, excluding the materials
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`requested in #2 above, should be produced in a timeline much shorter than the 90
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`days requested by the government. The prosecution has had an opportunity for
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`many months to construct its case and organize the materials; therefore, the
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`government should already be in possession of the discoverable and responsive
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`materials. With the tremendous resources of the U.S. government at its disposal,
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`the prosecution should produce these materials in 45 days. If this is a truly
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`complex case, then it is all the more important to get the discovery materials to the
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`defense so a proper review can be commenced. This case can only be properly
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`litigated after the discovery materials are produced. The government should not be
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`CASE 0:23-cr-00160-NEB-JFD Doc. 588 Filed 11/30/23 Page 3 of 3
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`allowed to ask for a pretrial detention and then delay the orderly progress of the
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`case. It is unfair of the government to request a pretrial detention of Mr. Lesure
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`and then drag its feet in the production of discovery on a case that it has been
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`working on for many months even before the original Indictment (ECF 12) was
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`filed on April 26, 2023. Now, 7 months after the original Indictment was filed, the
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`government is still asking for more time to produce initial discovery. Providing a
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`defendant discovery in a case is a basic and fundamental responsibility of the
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`prosecution. This Court should hold the government accountable for its
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`constitutional and statutory responsibilities and obligations and require production
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`of discovery within 45 days of Mr. Lesure’s arraignment.
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`Respectfully submitted,
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`TILTON & DUNN, P.L.L.P.
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`Dated: November 30, 2023 s/ George R. Dunn
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`George R. Dunn (#188165)
`Attorneys for Defendant Robert Lesure
`101 East Fifth Street, Suite 2220
`Saint Paul, Minnesota 55101
`Telephone: (651) 224-7687
`Facsimile: (651) 224-0239
`Email: george@tiltonanddunn.com
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