Haiti Prison Trial Report

DEFENDANTS’ JOINT MOTION FOR CONTINUANCE

Defendants, Monclaire Saint Louis and Ulriste Tulin, through undersigned counsels, pursuant to Rule 12 of the Federal Rules of Criminal Procedure, and hereby respectfully moves the Court for a continuance of the trial in this matter. As grounds for this Motion, counsel submits the following Memorandum in Support:
MEMORANDUM IN SUPPORT
1. The defendants, Haitian Nationals, are charged with Conspiracy to Commit Hostage Taking, 18 U.S.C. § 1203, two counts of Aiding and Abetting of Hostage Taking, 18 U.S.C. §§ 1203, 2, and Using a Firearm during a Crime of Violence and Aiding and Abetting, 18 U.S.C. § 924. The government alleged that the offenses were committed against two United States citizens. The seriousness of the charges against the defendants cannot be overstated. If convicted, they face a maximum penalty of life in prison.
2. The government asserts that it has provided counsel with all of the discovery in their possession, however, counsel has received recent information that the government possess additional discovery through the United States Embassy for Haiti. The investigator for the defense has been refused access to the Haitian court files for the defendants, alleged co-conspirators and witnesses, including Samson
Additionally, counsel has been unable to verify if the defendants were properly held in Haiti upon arrest and extradited to the United States. In a FBI report disclosed to counsel on Saturday, December 3, 2016, the FBI inquiries about the status of extradition and makes reference to an undisclosed email. Upon a specific request, the government refused to disclose the defendants extradition documents, stating the documents were “not discoverable”. This evidence is discoverable under Rule 16 as to the defendants’ statements, while in custody, whether they waived or fought the extradition. Additionally, the statements are considered Brady evidence and are material to guilt or