U.S. v. BRASSINGTON

This matter comes before the Court upon motions by Defendants Michael Brassington, Paul Brassington, Brian McKenzie ("McKenzie"), and John Kimberling ("Kimberling") (collectively, "Defendants") to dismiss several counts of the Superseding Indictment, for severance, for a pre-trial hearing, for disclosure of evidence, and to prohibit the Government from referencing the jet crash at trial. After considering the submissions of the parties, and based upon the Court's Opinion filed this day;

IT IS this 8 day of October, 2010;

ORDERED that Defendants' motion to dismiss Count 1 of the Superseding Indictment as duplicitous is denied; ORDERED that Michael Brassington's motion to dismiss Counts 2 3 of the Superseding Indictment on grounds of res judicata/collateral estoppel is denied; ORDERED that Paul Brassington's motion to dismiss Count 2 of the Superseding Indictment as time-barred is granted; ORDERED that McKenzie and Michael Brassington's motion to dismiss Counts 8, 9 and 10 of the Superseding Indictment as time-barred is granted; ORDERED that McKenzie, Michael Brassington and Paul Brassington's motion to dismiss Counts 9, 11, 13, 16, 19 22 of the Superseding Indictment for improper venue is denied; ORDERED that Michael Brassington's motion for severance from Francis Vieira is moot and denied; ORDERED that McKenzie, Kimberling and Paul Brassington's motion for severance from all Co-Defendants is denied; ORDERED that Defendants' motion for a pre-trial hearing to establish a conspiracy is denied; ORDERED that McKenzie's motion for prompt disclosure of Rule 404(b) is denied; ORDERED that Michael Brassington and Paul Brassington's motion for disclosure of personnel files, internal affairs files, and any and all disciplinary files of law enforcement witnesses is denied; ORDERED that McKenzie, Kimberling and Paul Brassington's motion to preclude the Government from referencing or introducing evidence regarding the jet crash is denied; ORDERED that McKenzie and Paul Brassington's motion for severance from all Co-Defendants is denied; and

IT IS FURTHER ORDERED that Michael Brassington and Paul Brassington's motion for permission to use electronic equipment is granted.